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

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190 Approved 2/2/11 539 540 Alan Campbell: If you moved 13 to D and then D crosses back over in 6.13.6b requires that the erosion control supervisor 541 approve it. 542 543 May Becker: If a use is permitted, it sounds as if it is permitted if I mitigate whereas if you say permitted if, that it sounds like it is 544 unconditionally permitted. You are not unconditionally permitted to do it unless you fulfill the obligations and approval. 545 546 Alan Campbell: There is a standard that says for uses permitted with mitigation, this is the extra step you have to do. It says if 547 you are going to do anything in 6.13.6, you have to do everything in A and B. 548 549 May Becker. But it also reads that you are permitted to do it and you have to everything in A and B but .... 550 551 Michael Harvey: But we would still have to approve it. 552 553 Alan Campbell: B is the approval, you have to do everything in A which is frankly not anything special by B you have to get 554 approval. 555 556 Perdita Holtz: But A3 does require approval of a site plan if you have a structure and we had talked about some sort of other 557 approval mechanism if there is not a structure. 558 559 Alan Campbell: I am saying for the issue of everything in here in addition to whatever else it may require, it also it has a 560 mechanism. 561 562 May Becker: To me it says, mitigation shall be provided in accordance with these standards and shall be approved kind of 563 implies that it shall be approved it is not saying it might not be approved. 564 565 Mark Marcoplos: I think we are at a point where the changes are good and it is protected. I can tell you as a builder, I have 566 made great arguments to building inspectors and I have been absolutely right some of the times and not all those times was 1 567 allowed to continue on with my right to complete that house. In the end, if they are there inspecting, they will make a judgment. 568 569 May Becker: I would feel more comfortable if it did not say it was there right. 570 571 Pete Hallenbeck: It is there no matter what. 572 573 Brian Crawford: Are there any others? I think we can suggest some changes and suggestions. Outside of the new stormwater 574 management clause, are there any other issues that we need to address. 575 576 May Becker: Sewer lines. 577 578 Brian Crawford: What about sewer lines? 579 580 May Becker. Again, clear cutting to get to them, maintenance of them, if they will be too close to the stream buffer, why are they 581 necessary for the stream buffer. I am not really clear again on permitted by right. What is stopping the nutrients from getting into 582 the water body if you are moving some trees to put sewer lines. 583 584 Alan Campbell: Are these the sewer lines that would be put in by eminent domain, to put them where they want to anyway? 585 This is probably a technical correction to make sure they don't create a technical violation. 586 587 Craig Benedict: That is correct. These are serving the public interest. Public water and sewer lines and streams where, in North 588 Carolina, sewer outfalls parallel streams because they all run down hill by gravity. They don't put them in the streams, they cross 589 the streams, sometimes they are up the back. They parallel many streams, that is how a gravity public sewer system is and that 590 there is a right that people have to develop their property in designated areas of public water and sewer and we are allowing that 591 right for someone to develop public water and sewer. 592 593 Brian Crawford: That is more of a clarification than allowing because there is really nothing you can do if someone developed 594 property and you have a utility and someone comes in to put an easement within the allowable lot, I think the state will allow that. 595 1 think you can clarify to say what that distance needs to be. 596 597 May Becker: Yes but we are talking about new sewer lines. If somebody already has something tagged so we are adding new 598 sewer lines to areas that ... have trees, or whatever. 10