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39 <br /> DRAFT EXCERPT <br /> 437 Cy Stober: More the latter. We don't increase, say, if you have a 65-foot stream buffer,we don't add 50 <br /> 438 percent to that stream buffer width. And we add 50 percent more plantings, and we have to also <br /> 439 ensure that the drip lines are protected, so we frequently do exceed the buffer width, but the <br /> 440 geometry is more about, or the math is more about, replanting at 50 percent greater than what <br /> 441 was cleared. <br /> 442 <br /> 443 Chris Johnston: That might be my confusion point then. "The dimensions of the buffer within the impacted area <br /> 444 shall be increased by 50 percent,"sounds like a size increase. Is that a misinterpretation? 1 <br /> 445 apologize. Again, this isn't my forte here. <br /> 446 <br /> 447 Cy Stober: I don't think it's a misinterpretation. It's not how it's being interpreted by staff today. I think there's <br /> 448 ambiguity there. I could read it either way. <br /> 449 <br /> 450 Chris Johnston: Okay. <br /> 451 <br /> 452 Cy Stober: And,frankly, I welcome that ambiguity because it allows us to find different remedies to sticky <br /> 453 situations. <br /> 454 <br /> 455 Chris Johnston: Yeah, and I guess that was going to be my next point, at some level,we want to apply as quickly <br /> 456 as possible the exact terminologies and the exact definitions or whatever, but in doing so, that <br /> 457 does limit a little bit of the staff wiggle room in terms of interpreting X, Y, and Z. I always struggle <br /> 458 with this balance of we want to nail it down so that there's not wiggle room on the things that we <br /> 459 truly do care about, like the width or whatever the case may be. But at the same time,we want to <br /> 460 not make it that everything has to be so prescriptive that it has to be listed out here. Not to pile on <br /> 461 about pine straw and things of that nature. I'm just trying to thread that needle. <br /> 462 <br /> 463 Statler Gilfillen: The third point would be that the law often can be written to promote helping people to know what <br /> 464 the right way is to do it. <br /> 465 <br /> 466 Chris Johnston: Right. <br /> 467 <br /> 468 Statler Gilfillen: And I'm reading this, and that's a lot of what this is trying to give is guidelines. If somebody is a <br /> 469 novice at this, if we give some good guidelines in here, then the staff has some flexibility to work <br /> 470 with that person,we end up with a better solution for all of us. <br /> 471 <br /> 472 Chris Johnston: And then so coming back to the splitting hairs thing, as much as possible,we're trying to make this <br /> 473 consistent so that there's not the confusion or whatever the case may be. It's frustrating because <br /> 474 then we go in and we're fine-tooth combing it or whatever the case is, but who the audience is for <br /> 475 this document, you guys deal with the commercial side of things and all the big-time developers. <br /> 476 And I think their Statler's point, it sounds like this is also a document for everybody and making <br /> 477 sure that it's consistent and readable for people like me who go through and see extending area <br /> 478 and think, oh,that means this or that. Just trying to nail that down. <br /> 479 <br /> 480 Charity Kirk: So, what do we think about tree diameter? <br /> 481 <br /> 482 Chris Johnston: I think we need to have a proposed vote on that, and then that'll shake it out. <br /> 483 <br /> 484 Charity Kirk: What are we voting on, 1 foot, 18 inches, 24 inches? <br /> 485 <br /> 486 Lamar Proctor: I would make a motion to keep it at a foot. Just based on my research and looking at different tree <br /> 487 species, you're getting into at least 35-50-year-old trees at a foot, and then if it's 24 inches, then <br /> 488 you're talking some trees are like 80, 90 years old at that point. <br /> 489 <br /> 490 Charity Kirk: All right. I will add it to my amendment list. <br /> 491 <br />