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APPROVED 10/13/2014 OC Board of Adjustment – 8/27/2014 Page 37 of 64 their quality control over water coming off their property and sedimentation is way below standard. We 1 are very concerned that their development of the pipe on our easement, the construction on it, the 2 clearing of the trees will add water to our property that will reduce its property values so I’m just going to 3 hand these up quickly because I know you are running out of time but that’s the other issue. That 4 construction work, unremedied will cause the kind of damage that you’re going to see in these pictures. 5 The first picture is a picture of the cleared property to our south. 6 7 Larry Wright: How many of these do you have? 8 9 Jay Bryan: A few. 10 11 Larry Wright: Can you condense it. 12 13 Jay Bryan: I will, let me hand up just a few of these. Just to show you the quality of the sedimentation. 14 I’m just going to hand them up to you. 15 16 Larry Wright: I’m not sure what we can do about this as this Board. 17 18 Matthew Rhoads: I think the question is whether to approve the application which includes our 19 sedimentation and erosion control permits so to the extent that he’s arguing that we’re not following 20 those permits on something else, I don’t think that’s relevant. The question is as it’s in the application 21 being considered. If we don’t comply with our sedimentation and erosion control permits that’s obviously 22 a big issue and that’s addressed. So to me this is kind of irrelevant. 23 24 Jay Bryan: Well, we’re asking the Board if you have the power to set conditions that would require that 25 the County oversee the sedimentation control and any control on this easement and that they be 26 required to repair any damages that occur as a result of their construction including flooding on our 27 property due to the pictures I’ve shown you that we’ve spent thousands of dollars on for a period of time 28 after. 29 30 David Blankfard: I don’t think there’s a way that this Board can control for a state run division they can 31 fine contractors daily when their erosion control measures fail. To put a condition on their construction is 32 unenforceable. To find out how much water is actually being from their property is not known. 33 34 Jeff Schmitt: Mr. Harvey, the comment here is that the County will have no authority to look at any of the 35 erosion control and how they have followed the permitting. That’s going to be done strictly by the state. 36 37 Michael Harvey: The state is going to issue the permit and the state bears the responsibility of the 38 inspections. That is a correct statement. 39 40 Jeff Schmitt: Thank you. 41 42 David Blankfard: The state gets complaints and they have a hot line. And you will call them and they will 43 show up the next day. 44 45 Larry Wright: Ok, can we. 46 47 Jay Bryan: Just one last comment about that. Just for your edification as a Board that is involved in 48 setting plans and policies for the County. DENR has been gutted. John Holly, lovely man, haven’t ever 49 seen him. I don’t know what they’re doing but when you look at the pictures, if you’re telling me that’s the 50 kind of job that DENR does to regulate the sedimentation, citizens of this County need better support. 51 52 Larry Wright: We don’t set policy people back there do. We have to go by what they say. 53 54 Jay Bryan: I understand. 55