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

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189 Approved 2/2/11 479 improvement will decrease the runoff speed and the nutrient load by having it held back for a while. If it is within the stream 480 buffer, there will be an enlarged stream buffer that will be created around this new device. In any event, we will not be increasing 481 the water quality aspects of the site. 482 483 Brian Crawford: In your scenario, the contractor wants to build a new storm water management pond, even though it is a use 484 permitted by right, I think Mr. Harvey said was that you still have to go through these general standards. In the general 485 standards there is a list that says, a written notification, a written statement, you have to provide a .plan to minimize soil 486 disturbance, etc. so it is still an approval process for the site plan. 487 488 May Becker: There is an approval process but it is not very specific. It does not say you have to be 50 feet from the stream 489 whereas, previously if it wasn't permitted by right, it would be more difficult for a developer to say I need to have this pond and 1 490 have the right to put it here. 491 492 Brian Crawford: But it still goes back to what our standards are. We still have the 80 feet that would kick in. 493 494 May Becker: They are saying it doesn't kick in if it is within the buffer zone, right? 495 496 Brian Crawford: That is not what I heard. 497 498 Craig Benedict: It is allowed in the stream buffer. 499 500 May Becker: There is no specific regulation stating that it has to be .... 501 502 Michael Harvey: As far as erosion control and state standards, they will not allow stormwater under 20 feet to the top of the bank 503 so there is going to be a required buffer. 504 505 May Becker: State standards will apply? 506 507 Michael Harvey: The only difference here is, Perdita provided this example on a chart, one of the uses that is allowed in streams 508 buffers, according to the state is airports and we don't allow that and we are not proposing to allow that. If we say you can have 509 a stormwater management pond approved through our process, then the state will say is we don't have a problem with that as 510 long as it is 20 feet from the edge of the top of the bank. 511 512 May Becker: You are proposing to have more lenient standards or no specific county standards. 513 514 Craig Benedict: If we put that under the uses permitted with mitigation ... let me think about that. 515 516 Mark Marcoplos: Is mitigation always project specific? 517 518 Craig Benedict: Yes. We will review where it is, what natural vegetation may or may not have been removed and we will ensure 519 that under state rules that the vegetation, ground cover, trees, will more than compensate for what we have removed from the 520 buffer. We can still never go within 20 of the top of the bank. These are really enhancements. 521 522 Mark Marcoplos: Isn't mitigation under this where it says, provided or repairing buffer. So moving it to the mitigation section 523 helps a little but you still get the same outcome. 524 525 Craig Benedict: That is correct. 526 527 Brian Crawford: May's point is well taken. We don't have any readily ascertained standards as we do in new proposals. You 528 guys work with the public all the time, doesn't it seem that you may have a developer or contractor come in and say I have a 529 permitted use by right and argue with you that the way the standard is written, they get to do what they want. 530 531 Terry Hackett: Not in this case because one thing you have to remember is this is a stormwater management pond and there is 532 no developer that will install a stormwater management pond unless they have to. If someone was trying to do something 533 because they felt they had the right, they would be doing it covertly I guess. If a stormwater management pond is required it's 534 because our stormwater standards meet the nutrient loading requirements to say you have to do this to develop this property the 535 way you are proposing so during that process, there is a whole list of standards. 536 537 May Becker: Putting permitted with mitigation, if approved by .... in other words, that it is just allowed to be approved by mitigation 538 if approved by the particular ...... standards. 9