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5 <br />Staff would like to state the following: <br />a. The temporary rule is still under consideration. While the rule has to be adhered <br />to, there is the possibility the State will decide to abandon the current exemption <br />and count all gravel as impervious. <br />STAFF COMMENT. On Friday August 15, 2014, planning staff was <br />informed, via e -mail, by a staff member of the Land Quality <br />Section /Stormwater Program of DENR that the State Legislature is now <br />considering eliminating the existing gravel exemption altogether. <br />If this does happen, all gravel will be considered impervious surface. <br />b. The current rules does not exempt all gravel from being considered impervious <br />surface area, just a specific type. <br />c. This `exempted' type of gravel is not typically used in the construction of <br />roadways or parking areas. <br />d. If someone were to use a material meeting the definition of gravel as proposed <br />by the State, staff would not include it within the impervious surface calculation <br />for a parcel of property consistent with current State policy. <br />e. The County has procedures in place, specifically Section 4.2.8 of the UDO, <br />allowing for a property owner to modify the allowable impervious surface area for <br />a parcel. <br />This process would involve a property owner either <br />i. Applying for a variance, or <br />ii. Proposing the establishment of a conservation easement on an <br />adjacent parcel of property. This conservation easement would <br />allow for a defined area to remain in a natural, undeveloped, state <br />while allowing for the transfer of the impervious surface area to the <br />subject parcel to facilitate development. <br />f. Staff is devising a policy for presentation at a future BOCC meeting to address <br />older subdivisions where impervious surface area for roadways was not <br />adequately addressed. <br />