Agenda - 05-24-2007-1 - Laserfiche WebLink

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Rule .0271, Stormwater Requirements for State and Federal Entities This rule would establish parallel stormwater control requirements for state and federal entities to those imposed on local governments under rules .0265 and .0266. Requirements address both new and existing development and call for education and illicit discharge elimination programs. Annual reports would be required. • Specifies that the Division would approve DOT projects. • Parallels local government stormwater rules. Rule .0267 & .0268, Protection of and Mitigation for Existing Riparian Buffers This rule would require local governments to protect existing vegetated riparian areas 50 feet wide adjacent to intermittent and perennial streams, lakes, and ponds in the Jordan watershed. The first 30 feet adjacent to waters would be largely undisturbed forest, while the outer 20 feet could be managed vegetation. Existing, ongoing activities within these buffers could continue, while a change in land use would invoke the protections. Certain uses of land within the buffer are identified as exempt, allowable, or allowable with mitigation, while uses not listed would be prohibited. It provides for mitigation where no practical alternatives exist, details variance requirements and forest-harvesting limitations, and would require local governments to ensure that new developments either avoid or mitigate buffer impacts. It would require local governments to make mitigation options available for certain activities based on avoidance and minimization criteria. Three mitigation options would be available: 1) payment to the riparian buffer restoration fund administered by EEP, 2) donation of property, or 3) restoration or enhancement of anon-forested riparian buffer. • These requirements supercede existing water supply buffer requirements. • Provides an allowance for recreational and accessory structures under 150 ft2, with those over this threshold requiring mitigation. • Establishes the Division as approval agency for activities on state and federal lands. Rule .0272, Riparian Buffer Mitigation Fees This rule establishes offset payment rates to the Riparian Buffer Restoration Fund for buffer impacts deemed `allowable with mitigation' under Rule .0267. This rule would not be exclusive to the Jordan nutrient strategy, and would enable uniform future changes in buffer offset fees across multiple basins. The Division has initially calculated the rate as $.70/ft2 ($30,492/acre) to reflect actual costs based on a more extensive cost record from EEP. Rule .0269, Options for Offsetting Nutrient Loads This rule would provide parties subject to the various rules -new development, existing development, State and Federal stormwater entities, agriculture, and point sources -options for 4