Agenda 06-04-2019 6-a - Major Subdivision Preliminary Plat Application

Browse Search

81 to the water quality and capacity of the private wells adjacent to the development project. Orange County Environmental Health has also given testimony supporting this response based upon historical data of wells throughout the county. 2. Can the developer be required to post a Bond or Guarantee for the condition of the surrounding wells? Staff Response: The UDO does not have a requirement or mechanism to require a bond for wells. Likewise, it does not have a means to require additional testing beyond the limits of the proposed subdivision. Under current policy, administered by the Orange County Environmental Health Department, all individual wells are subject to periodic testing either by County or the State environmental health staff. Many of the surrounding wells are older (in some cases decades) and were built to a standard that would not be permitted today. Likewise, testing by the County or State may ultimately reveal existing deficiencies with area wells that could force action and/or remediation of the existing wells. This could theoretically cause some wells to have to be condemned. Again, staff is sympathetic but if existing wells are already impaired it would behoove the property owner to work with local environmental health to address the matter through existing testing and permitting processes. Applicant Response: Based upon the response from Staff, it is our understanding that there is no regulatory mechanism to require such a financial guarantee. It has also been our experience following decades of projects similar in nature to Fairway Hills that this has never been done before. As noted in the response to Question #1, all regulatory guidelines and standards will be adhered to in the strictest form. This is the best guarantee that we can legally offer to safeguard the wells of the adjacent properties. 3. What is the potential run-off impact on the water quality of surrounding streams and the Eno area? Staff Response: If approved, the initial and subsequent lots clearing project would require the issuance of an Erosion Control and Stormwater Permit. This permit would require refinement of the applicant's initial stormwater calculations in order to adhere to the standards as set forth in Section 6.15 of the UDO. These permits require the applicant to evidence, design and construct temporary erosion control and stormwater measures during construction and complete permanent Stormwater Control Measures (SCMs) to serve the subdivision. Both permits would ensure that run-off is controlled for water quantity and treated for water quality prior to entering any streams and/or adjacent properties. These systems would also be designed to attain the first inch of stormwater run-off for pre-post development. Applicant Response: As noted by the response from staff, we will provide Erosion Control and Stormwater Management design to fully comply with the requirements of Section 6.15 of the UDO. These requirements are very stringent in nature and in some cases exceed what 2