Agenda - 02-28-2011 - C.1 - Laserfiche WebLink

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188 Approved 2/2/11 419 420 Pete Hallenbeck: Everything we are talking about, existing ponds will be grandfathered in, we are not proposing you go through 421 the county and find everyone with a pond and have them plant trees. 422 423 Craig Benedict: With existing ponds, we would not be retroactively pursuing conditions around existing ponds. 424 425 Pete Hallenbeck: On page 6 -143, under C, number 13. New stormwater management ponds. We have talked a lot about 426 stormwater management ponds. There are ordinances in the LIDO regarding stormwater management ponds, are there any 427 about plain old ponds? 428 429 Terry Hackett: The way we would regulate that is if the pond is for non - agricultural use. If it disturbs enough land to trigger an 430 erosion control permit then we would have require a permit and erosion control plan, etc. There are state rules, even with 431 agricultural ponds. There is a dam safety act, the rule of thumb is from top of the dam to toe is 15 feet requires a dam safety 432 permit and actually an engineered dam. It would hold enough water back that it could cause down stream flooding. The state 433 actually does inventory ponds and sends letters on a three or five year cycle. 434 435 Pete Hallenbeck: I have heard that. I have talked to farmers and they have this awareness that if you are making a pond, don't 436 go deeper than 15 feet. 437 438 Terry Hackett: It is true. If I have an actual live stream and I place fill to create a dam, I may have to have a section 404 Clean 439 Water Act Permit from the Corps of Engineers which also has state review and there is a whole list of requirements that they 440 have to do to protect down stream's habitat, etc. and they would have to establish a riparian buffer around that pond. 441 442 Pete Hallenbeck: What I am reading in both of those replies is to put a pond in Orange County, one way or another, you will run 443 into a permitting process. The only possible exception would be a homeowner putting in a pond disturbing less than the amount 444 of square footage for Erosion Control change based on the critical watershed area 445 446 May Becker: I am interested in what they are but I am also ... I am not trying to say that one homeowner is trying to have a 447 pond. My concern is the general trend. We have talked about development and zoning and such. If you have a right or you 448 could propose putting in that you have the right to put a pond into the development. For example, a developer comes and claims 449 he has the right to put a pond in the buffer zone, where is this runoff going to go and are there specific standards and what will 450 stop a developer essentially going too close to the river? 451 452 Pete Hallenbeck: So your concern is earlier in the process when the permits are run than the more general question which is 453 how we tell the people they have a right to put ponds in buffer zones. 454 455 Perdita Holtz: Can I address this one thing? Terry Hackett may not have been aware of this but new ponds with riparian buffer 456 adjacent to the pond is actually a use that is in the state's list of uses and it is not in the county's proposed uses so it probably is 457 not allowed to just do a pond that is not for stormwater management purposed. 458 459 Pete Hallenbeck: Stormwater or ag? 460 461 Perdita Holtz: Ag will fall into a whole different category because ag is not subject to the zoning ordinance. You said you want to 462 have a pretty pond with decks, the way it is written now, you would not be able to do that. 463 464 Larry Wright: What is 29? 465 466 Perdita Holtz: This is the list .... 467 468 Larry Wright: Give me an example of what that would be. 469 470 Perdita Holtz: A new pond like what May was just describing. You want a pond on your property that is in the stream buffer. 471 472 May Becker: I am essentially concemed about the runoff, new development and whether it would create more impervious 473 surface, you will have to have that runoff go somewhere. If it goes into the pond and that pond is too close to the stream buffer 474 than what is going to stop someone from putting it too close to the stream buffer and does that developer interpret that he has 475 the right to put on there. 476 477 Craig Benedict: The developer can locate a new stormwater pond in a stream buffer but it will not change the nutrients that 478 comes from the site no matter where it is located. The site output is still regulated so by allowing it in there, it is likely the 8