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Planning Board minutes 010219
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Planning Board minutes 010219
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4/15/2019 5:05:22 PM
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Date
1/2/2019
Meeting Type
Regular Meeting
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Advisory Bd. Minutes
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Approved 2.6.19 <br />Michael Harvey replied, no. If a developer wants to do it, that is their personal decision. We cannot hold them to it. 219 <br />The county cannot mandate they abide by it. There is no longer any legal basis allowing for the enforcement of 220 <br />nutrient reduction standards in the basin. He reiterated the standards need to come out of the UDO. 221 <br /> 222 <br />Lydia Wegman questioned whether that could be something that the public and neighbors might ask of the 223 <br />developer, and the developer could look into it on their own. 224 <br /> 225 <br />Kim Piracci asked if farming practices was the bigger problem with this particular issue. 226 <br /> 227 <br />Michael Harvey replied I think the totality of development activity, meaning the disturbance of land, is responsible for 228 <br />these issues. He reminded the Board farming is not regulated by these standards as such operations are exempt 229 <br />from zoning. 230 <br /> 231 <br />Lydia Wegman asked for any other questions or comments. 232 <br /> 233 <br />Hunter Spritzer remarked that it seemed like this is the county’s only recourse. 234 <br /> 235 <br />Michael Harvey commented regrettably, but it is necessary. 236 <br /> 237 <br />MOTION by Hunter Spritzer to recommend the Statement of Consistency and approve the UDO Text Amendments. 238 <br />Seconded by Alex Gregory. 239 VOTE: Passed 9-2 (Guthrie, Piracci opposed) 240 <br /> 241 <br />Kim Piracci remarked if this isn’t my drinking water than it is other people’s drinking water. It is getting polluted, and I 242 <br />am on the on the planning board and feel we need to take a stand and address the issue head on. 243 <br /> 244 <br />Paul Guthrie explained that this encourages something that has been going on at Lake Jordan since the day it was 245 <br />first considered, it’s a big federal project or it’s a big state action and we can’t act right now on this particular problem, 246 <br />you can’t get anywhere with that over the long haul. He asserted that what this is doing aside from water quality is 247 <br />reducing the ability of the lake to protect the downstream and quantity of water that goes in heavy rainfall. He stated 248 <br />that he thinks it goes beyond Orange County and therefore votes, no. 249 <br /> 250 <br />Lydia Wegman commented that she wanted clarification that there were still water quantity regulations. 251 <br /> 252 <br />Michael Harvey replied, yes. We enforce water quantity standards through erosion control and through stormwater 253 <br />permitting, but we can’t require compliance with water quality standards which are the removal of nitrogen and 254 <br />phosphorus. 255 <br /> 256 <br />Craig Benedict explained that since all of the comments were out, he wanted to give a post log to the discussion. He 257 <br />reported that in North Carolina many of the regulations are setting limits about what can be enforced. In the past , 258 <br />there was no problem in exceeding what was being asked to be more restrictive or cleaner. He explained that we are 259 <br />in a modified Dillion Rule State, and we only have the authority to enforce things that the state gives the authority to 260 <br />enforce, so we are not independent. Until we get back to mode with some of the creativity and progressiveness we 261 <br />have tried to do in the past, we are having to roll back some of our regulations that we had intact for 20 plus years. 262 <br /> 263 <br />Lydia Wegman contributed that she felt the same indignation that Kim had expressed but understood the legalities of 264 <br />why this route was being taken. She explained that she voted in favor because she thinks it is the best process to 265 <br />keep us out of litigation. 266 <br /> 267 <br />Craig Benedict agreed and recommended that the amendment be passed. 268 <br /> 269 <br />Lydia Wegman questioned whether as citizens they could voice their indignation to the other leaders in an effort to 270 <br />make the North Carolina policy different and exclude Orange County from this position. 271 <br /> 272 <br />Hunter Spitzer asked if they could defer recommendation on the amendment until 2020. 273
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