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HomeMy WebLinkAbout1999-03-18 Work Session NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF WORK SESSION ON WETLANDS DELINEATION,PAGE 141 MARCH 18, 1999 ASSEMBLY The New Hanover County Board of Commissioners held a Work Session on Thursday, March 18, 1999, at 10:15 a.m. in Conference Room 501 of the New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. Members present were: Commissioners Buzz Birzenieks; Ted Davis, Jr.; Charles R. Howell; Vice-Chairman Robert G. Greer; Chairman William A. Caster; County Manager, Allen O'Neal; County Attorney, Wanda M. Copley; and Deputy Clerk to the Board, Teresa P. Elmore. Chairman Caster called the meeting to order and reported the purpose of the Work Session was to discuss the proposed requirement of having wetland delineations as part of the County subdivision review process. Mr. Ernie Jahnke, Wilmington Regulatory Field Office Manager for the Corps of Engineers in Southeastern North Carolina, spoke on the Corps’ requests for the County to require certified wetlands delineations on preliminary development plans before submission to the Planning Department for approval. He said that the Planning Board voted to recommend approval to the Commissioners in November 1996. At the meeting in February 1997, the Commissioners voted to table the item until the Board could hold work sessions to learn more about wetlands. Mr. Jahnke explained that the 1987 Corps of Engineers Wetlands Delineation Manual provides the scientific approach to identify wetlands nationwide and gives legal and defensible definitions for a court of law. The manual gives the three parameters to determine jurisdictional wetlands as vegetation, soils, and hydrology. All three must be present in an undisturbed situation before the Corps can regulate the area. Surveying and mapping wetlands can be an important tool for planners to use to develop property. Usually, a consultant will survey the property and identify the locations of wetlands before calling the Corps to certify the maps. The Corps’ services are provided as a voluntary program unless a permit is needed. When these delineations are made early in the process, planners can offer alternatives to avoid or to minimize the impacts on wetland areas or eliminate the need or the complexity of the Corps’ permit. Furthermore, the County Planning Department can use the information to identify Class IV soils when considering densities for subdivisions. If certain soils are set aside and not used, the developer can have higher densities in other areas of the plan. To determine wetlands, the Corps looks for the type of vegetation that is listed in the manual for plants that can live in or adapt to live in wet conditions. Wetland soils are formed in wet conditions and are dark in color. The hydrology of wetlands is a saturation within 12 inches of the surface for at least 5% of the growing season. In this area, 5% of the growing season is about 14 consecutive days. The combination of these three parameters will give positive indication that the soil is a wetland soil. Commissioner Howell asked if wetlands can be determined out of the growing season. Mr. Jahnke replied that most hydric soils are formed during the non-growing season when the water tables are at the highest level. Water tables usually drop when plants begin to grow. The best time to determine wetland soils is at the beginning of the growing season. Chairman Caster asked if wetland soils can be determined by the type of vegetation and the color of the soil even if it is completely dry. Mr. Jahnke responded that a trained person can determine wetlands in dry soils. Most soils in dispute in this area are the kinds that are dry most of the year. Sandy soils, like Pocosin, Murrayville and Leon, are found in wetlands. In the summer months, the water table will drop down to three to four feet. But in the winter, the water table is at the surface and saturation remains until the beginning of the growing season. The County soil maps show the growing season to be from March 1 to the middle of November, based on the soil temperature at 28 degrees or greater. The manual states the hydrology indicator is when the ground is saturated for at least 5% of the growing season, or 14 days. As the average growing season is shorter further NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF WORK SESSION ON WETLANDS DELINEATION,PAGE 142 MARCH 18, 1999 north, the number of consecutive days will be fewer. Commissioner Howell asked when the 14 consecutive days are determined for a given piece of land. Assistant County Manager Weaver explained that the 14 days is the minimum requirement for saturation or standing water. When the soil is saturated for longer than 14 days, an entirely different kind of vegetation grows on it. Mr. Jahnke explained that 5% of the 270 days from March 1 through November 15, of the growing season is 14 days. If the soil is saturated for 14 consecutive days, one of the three parameters indicates a wetland soil. In August, the water table may be 3 or 4 feet below the surface; nonetheless, other indicators such as organic material will show active hydrology. Mr. Scott McLendon, Corps of Engineers, explained that most wetlands on flat land will have a low water table for a large part of the growing season, but other indicators point to active hydrology in the soil. The most prevalent indicator is a black mucky surface. Organic material in the earth is a good indication that prolonged saturation has occurred because organic material does not oxidize in water. The Corps does not consider wetlands as a seasonal occurrence because soils were formed over thousands of years ago and do not change in a few weeks. The federal regulations determine wetland areas by the three parameters. Vice Chairman Greer asked what would happen if wetlands are destroyed. Mr. Andy Wood, resident of the County, spoke on the importance of the wetland areas for its natural habitat. The Venus fly trap is only found naturally in Southeastern North Carolina. Its natural habitat of wet and highly organic soils is very dry on the surface in August, but in early spring the plant will be thriving in a few inches of water. Wetland soils are obvious when there is standing water. Some ponds may have 2 to 3 feet of water in the spring, but in August the areas are bone dry. These ponds have salamander larvae and other wildlife species that are endangered when wetlands are disturbed. Commissioner Howell asked how the Corps makes the distinction in the hydrological conditions if water is present for 13 days instead of 14 days. Assistant County Manager Weaver explained that well-field monitoring of shallow wells gauges the amount of standing water during the growing season for marginal areas. The process can take a year to determine. Commissioner Howell asked what harm there is in developing marginal wetlands. Mr. Jahnke responded that the Corps probably will not take jurisdiction over land that is marginal. Generally, a property owner will hire a consultant to determine wetland areas on a tract of land, and the Corps certifies the delineation. However, in the past the Corps has been unable to complete the verification on a timely basis because of staffing shortages. The Corps will now guarantee verification in two weeks, which will not delay development or construction schedules. Additionally, developers can rely on the certified maps for five years regardless of other events or occurrences on the property. Mr. Jahnke expressed concern about wildlife habitat being destroyed by ditching that has occurred in the area. Ponds that contain Redfin Pickle, Eastern Palmetto, pigmy sunfish, banded sunfish, and mosquito fish are being drained. More importantly, wetlands in New Hanover County provide water quality, by stormwater and floodwater detention. The Corps feels that by not regulating wetland areas, taxpayers will pay more money to correct problems created by destroyed wetlands. Recent water quality studies performed by UNCW report the poor water quality in local creeks and rivers, which can adversely affect our quality of life and recreation. He told of a recent newspaper article about a local fisherman who was having trouble making a living because of these environmental concerns. By protecting wetland areas, the County can NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF WORK SESSION ON WETLANDS DELINEATION,PAGE 143 MARCH 18, 1999 correct some of these problems. However, if wetland areas continue to be ditched and drained, more problems will occur. Wetlands absorb stormwater and soil eroded by flood waters, purify water, and reduce the frequency level and extent of flooding. Engineered solutions required to replace the natural functions wetlands provide are costly to taxpayers. He reported the Pages Creek Drainage Study, at an $80,000 cost to taxpayers, estimated that it will cost $287,000 for culvert replacements, $4.6 million to clear streams, and $32.4 million to mitigate for estuarine damage to water quality just for the Pages Creek area. The study did not consider using existing wetlands to alleviate drainage problems. Wetlands are usually situated in poorly drained flat areas of depressions or low spots in the landscape, which naturally collect water in times of high precipitation whether or not ditches are available. Mr. Jahnke spoke of residential neighborhoods, like Pine Valley, Hidden Valley and NorthChase, which have flooding problems that will be costly to correct. The City of Wilmington has implemented an assessment that will provide funding to build infrastructures to efficiently manage stormwater runoff in the inner city. They estimate it will cost about $10 million to correct the problems in Pine Valley. City Council will consider the proposed ordinance to delineate wetlands on April 6, 1999. By avoiding wetland areas in the planning process, problems of water quality and flooding can be reduced. The Corps believes the long-term cost to taxpayers will be reduced when wetlands are considered early in the review process. Several governing bodies in North Carolina, including Brunswick and Carteret Counties, have adopted the regulations and will attest to their effect. In conclusion, Mr. Jahnke requested the Commissioners to reconvene the public hearing of February 3, 1997, to consider the amendments to the subdivision and zoning ordinances to require wetland delineations. Chairman Caster requested that Colonel Youngbluth of the Corps of Engineers give written confirmation of the Corps’ recommendation to the County on the requirement of wetlands delineation on preliminary subdivision plans. He expressed concern that Mr. Jahnke may be speaking more as a citizen than a representative of the Corps. He spoke of the complexities of the technical guidelines to determine wetlands and the Commissioners’ confusion on the matter. Mr. Jahnke responded that he would request the letter of support. He stated that he did not realize the Commissioners were confused on the technical information that was submitted because the Planning Board had recommended the proposed amendments to the Commissioners. Planning Director Dexter Hayes reported the Planning Board had discussed the proposed zoning and subdivision text amendments at two meetings and had voted 5 to 2 to recommend approval. The text amendments simply state that “the delineation of surveyed lines of Corps of Engineers Section 404 and Section 10 Wetlands” will be shown on preliminary subdivision plans. The wetlands delineation can be a useful tool for developers designing a subdivision in lot and street layout and determining the type of drainage system to use. Having the information early, the developer will not need to revise his plans or obtain a release from the Corps’ wetlands jurisdiction. Some developers will survey a tract of land to determine the value of the property before deciding to purchase it. Other developers proceed with the design process and try to get the Corps to reduce the amount of wetlands. Director Hayes spoke of the State’s involvement in the process through water quality issues as allowed in Federal 404 Standards. The State Division of Water Quality administers the standards and regulations. In the past, soil maps were important to the subdivision planning process because of having to get septic tank permits, but the County has provided sewer to most areas of the county. Areas previously passed over because of poor soils for septic tanks are becoming marketable areas. Although the text amendments will require wetlands delineation on preliminary subdivision plans, the County will not require wetlands to be preserved or set aside. The additional information will help the developer early in the planning process. Commissioner Davis asked if the Corps or the consultant determines the wetlands. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF WORK SESSION ON WETLANDS DELINEATION,PAGE 144 MARCH 18, 1999 Director Hayes replied that in 80% to 95% of the cases, a consultant will survey the property and have the Corps certify the consultant’s work. Six firms are located in the area that delineate wetlands. Basically, the consultant will map the wetlands and the Corps will verify and certify the map. The Corps provides a statement on the map that the wetlands are accurately depicted on the plat. In response to Commissioner Davis’s question about disputed wetland areas, Mr. Jahnke explained that the Corps works as efficiently as possible without having the consultant revisit the site. The Corps flags the areas of concern until they can be verified. Commissioner Howell asked how many wetland areas have been lost in New Hanover County. Director Hayes said the County’s Vacant Lands and Wetlands Map shows most of the wetlands are in the northeastern part of the county with some pockets in the Federal Point area. Mr. Jahnke spoke on the laws that changed in June 1998 that allowed ditching without a permit for the discharge. The Corps had regulated discharge from wetlands since the Clean Water Act of 1972. The court decision said that unless a fill was associated with an excavation, a permit was unnecessary. The Corps estimates that due to the court decision, 3,500 acres of wetlands have been lost in the region. Others have said up to 15,000 acres have been lost in the Southeast. New State regulations have an anti-degradation policy for water quality control. Any activity, such as cutting ditches in wetlands, is regulated by the State and requires a permit. Mr. Grathwol explained that the new law requires an owner to have an erosion and control permit for any open ditches. If there is no permit, the ditches will have to be closed or filled. The State will help maintain ditches that were covered by a permit issued before March 1, 1999, but no new ditches can be built. By working with the developers, the State is hoping to find a solution to the problems. He commented that some wetland areas are very significant to flooding issues. Mitigation through ponds and other approved stormwater controls in wetlands can also help. He spoke of his subdivision in Brittany Wood, which would have been prone to flooding if an eight-acre pond had not been built for stormwater runoff. Although the ponds were not required, he felt they were needed because of being close to Smith Creek. He spoke of the importance of using wetlands in these developments to alleviate flooding problems. Mr. Jahnke explained that the Corps’ permit process can determine the function and value of wetlands. He commented that some people were unaware that marsh areas should not be disturbed because of the wetlands’ importance to water quality, stormwater flooding, as well as wildlife. Director Hayes stated the Commissioners will need to decide at what point in the planning process wetlands delineation should occur and how that resource should relate to preservation of open space, water quality, and drainage concerns. The Planning Board and staff have recommended that wetlands should be considered early in the development scheme and design process in order to fully use the resource in the design plan. Ms. Tracy Skrabal, Coastal Federation, stated that as an ex-consultant, ex-state regulator, conservationist, and citizen, she believes delineating wetlands is very much part of the cost of doing business, whether it is earlier or later in the process. In the past there was viable concern that the Corps was not responsive to developers in providing a timely certification. She urged the County to take advantage of the Corps’ guarantee for a two-week turnaround. A quick certification will make a big financial difference to a developer. As an ex-regulator in Delaware, she found that wetlands delineation on maps was as common as any other utility marker and was used extensively. Ms. Skrabal told of a project off Market Street where the Corps had contacted the developer to let him know that wetlands appeared to be on the site and suggested that he have the property checked. The Clean Water Act requires a developer to know where wetlands are located NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF WORK SESSION ON WETLANDS DELINEATION,PAGE 145 MARCH 18, 1999 and to get the necessary permits. The developer did not take the Corps’ suggestion and construction was halted because of significant land moving activity. Negotiations between the Corps and legal representatives of the developer took a year to decide where the wetlands were located and which ones were filled in. They eventually settled on 57 acres of wetlands, although significant documentation could prove that there was much more. If wetlands were delineated in the beginning, the developer could have saved a lot of money and the environment would have been better protected. The site had significant rare species, such as the pitcher plant and sundew. Ms. Skrabal spoke of the importance of wetlands adjacent to tidal marshes that provide buffers in protecting water quality and preventing sediment runoff. She expressed concern that wetlands were being drained and filled in along River Road to build subdivisions. The Corps can take issue with the developers because of violations of the Clean Water Act, but it will be difficult to prove where the wetlands were destroyed. Wetland areas, especially those along rivers and coastal waters, provide very critical functions in stormwater runoff and water quality protection. Ms. Skrabal spoke of Carteret County’s grant application to the Coastal Federation’s Clean Water Management Trust Fund for local governments. FEMA has provided money to hire wetlands and hydrologic consultants to determine the causes of flooding after recent hurricanes. They found that trees blown over from the storm had been soaking up a lot of the stormwater and that rapid development growth had further impacted the stormwater drainage capacity. She stated that New Hanover County should receive FEMA money to incorporate wetlands into a stormwater management program. She commended the Commissioners for their commitment to water quality protection by funding the tidal creek study. Dr. Mallin’s study confirmed that water quality problems in the tidal creeks were caused by the number of paved surfaces in the watershed. She stated the Clean Water Management Trust Fund Grant can be used to clean the tidal creeks in New Hanover County. Since the County is spending a significant amount of time, effort and money to achieve water quality and stormwater management, she urged the Commissioners to use wetlands for their natural functions. Stormwater management is an important function and value of wetlands, and the wetlands are provided free of charge. It is in the developers’ best interest to identify the wetlands early and use them to provide stormwater management functions. In some cases, stormwater ponds can replace wetland areas, but soluble pollutants can get into the groundwater table through the ponds. She spoke of Mr. Hart’s example where the developer was going to use stormwater ponds in a subdivision. After the wetlands were delineated, the stormwater ponds were removed from the design and the developer used the natural function of wetlands for stormwater protection. Not only is a natural resource lost, but it is bad economics to continue losing the natural function of wetlands when designing subdivisions. In further discussion about the amount of critical wetlands remaining in New Hanover County, Ms. Skrabal stated the location and the landuse of an area will determine the importance of the function in a particular wetland. Habitat potential may be more critical in one situation, and at another location, wetlands may provide low isolated areas for groundwater recharge. Roughly 60% of the soils in the county are hydric soils, which mean they have the potential to handle the growth of wetlands. The Clean Water Act and the 1987 Manual determines which wetlands are regulated by the Federal government. Mr. Jahnke reiterated that the question is not which wetland areas should be protected but how much of the wetlands should be retained to use for their natural functions as opposed to constructing engineered solutions. The wetlands are important for water quality and stormwater management, and they are already in place. In response to questions about performing well monitoring on questionable wetland areas, Ms. Skrabal stated that a developer may perform procedures of marginal cost that may take a year to determine, which will add time and money to the planning stage. Although the soils were established several thousands years ago, other factors, such as drainage, can affect wetlands. She spoke of the number of houses in the county that were built on wetlands where flooding still occurs in the yards. Before the Corps’ wetland program, the topographical map of the Pine Valley area indicated wetland areas. Many years pass before wetlands lose their functions. If drainage easements are not maintained, flooding will continue. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF WORK SESSION ON WETLANDS DELINEATION,PAGE 146 MARCH 18, 1999 Jack Stocks stated that New Hanover County is not unique in building on wetland areas. He spoke of the wetland areas in Louisiana and other areas of low elevations across the nation where communities have built on wetlands. Bill Cameron, representing the Coastal Real Estate and Building Industry Coalition (CREBIC), spoke on the building community’s commitment to be responsible and productive members of the community in protecting the environment and quality of life. He stated the intent of the meeting was to consider whether the County regulations should include a specific line being placed on a map and not whether to regulate wetlands. The proposed requirement of wetland delineation will offer some benefit, but it will not provide wetlands protection or resolve drainage problems. The regulation will add to the confusion, the expense, and place an undue burden on the review process. He stated that CREBIC opposed the requirement due to the following reasons: 1.Wetland delineation on the preliminary plan will not save taxpayers money by avoiding costly drainage improvements for completed subdivisions, assist in density determinations, or increase the salability of land. 2.The regulation will add to the cost of homes and may eliminate the possibility of home ownership for some because of the additional expense to the purchase price. 3.To delineate and certify wetlands will cause additional delays for plan approval plus add cost to the burdensome process. 4.The uncertainty and unknown ramifications of placing a fixed line on a map will place undue risk on property owners. Mr. Cameron spoke in favor of the benefits County residents will receive from a comprehensive drainage management and maintenance plan. Although drainage is a viable issue, the proposed regulations will not help drainage and flooding problems. Currently, professional licensed engineers design and prepare drainage and water management plans based on local, state, and federal requirements, including wetland regulations. Placing a line on a map will not change any of those regulations. An additional review by the Corps of Engineers for stormwater plans will be redundant and cause time delays. The County and State have professional staffs that review and approve drainage and stormwater related matters on the final plan. All technical requirements have to be met and approved by County staff before the map is recorded. At the preliminary stage of review there are no engineering plans or calculations included because of the expense. He argued that the requirement will not save taxpayers money in the future. The Pages Creek study pointed out that the best lots were developed along the creek with no provision for future construction. Under the current subdivision rules and regulations, simply delineating wetlands will not affect the density for a parcel of land. Density is based on landuse ordinances and policies and will not change because the property is delineated as wetlands. He argued that the Corps should not be involved in density determinations, which is the proper role for the County. As to the Corps’ suggestion that the requirement will increase the salability of land, Mr. Cameron argued that it will only make the planning process more expensive, time consuming, burdensome, and repetitive. The expense will add the cost of another consultant to the purchase price of the home. A property will have to be flagged, surveyed, and accepted by the Corps before the development process can begin. If the wetland area shifts, the developer will need to re-flag, resurvey, and resubmit a map at an increased expense to the home buyer. This will mean some segments of the community will be unable to purchase a home. Placing a fixed line on a plan will limit the property owner’s right to use the land for his enjoyment. He felt that if property is needed to serve a public interest, the public should pay for the land. In summary, Mr. Cameron stated the proposed requirement will not change the use of a property and will not add any protection for better drainage, flood control, or water quality. He NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF WORK SESSION ON WETLANDS DELINEATION,PAGE 147 MARCH 18, 1999 suggested that the County focus on a county-wide stormwater management and maintenance plan to address those issues. The requirement will increase the price of a home, add staff time, and burden the developer. The developer will have to spend time reaching an agreement with the Corps on the location of lines on a map. The process will become more complicated, adversarial, and longer. On a personal note, Mr. Cameron stated that he felt the proposal was a small step in the continual erosion of property owners’ rights. Property owners should not be required to solve environmental issues that were caused by developments that were built prior to implementing current stormwater and drainage regulations. The entire community should bear the responsibility of drainage issues since vacant land is not the source of the problems of water quality or drainage. If designated areas are needed for the protection of wildlife species, then the community should hold the properties in public trust as the County did in the purchase of Airlie Gardens. The property owners were treated fairly and the environment was protected. Commissioner Birzenieks spoked on the complexity of the issue and the difference of opinions from the Corps and the building industry. He asked Mr. Cameron why the Corps would say the proposed requirement will be a great benefit to the developers in receiving the free service within two weeks and yet CREBIC opposes the requirement because it will add cost, confusion, delays, and burdens to the bureaucratic process. Mr. Cameron replied that the building industry may have some paranoia about additional regulations that add more restrictions to the development process. He agreed that there are ways to incorporate wetlands into the development process that can minimize environmental impacts, but still retain the developer’s rights in responsible development. But when more mandated regulations occur, the developers feel the pressure of how those regulations will affect their property. The proposed regulation will not address drainage and stormwater issues as the Corps proposed in its letter of July 15, 1998. Adding a line on a map will not solve drainage problems, but it will increase cost for a consultant to flag and survey the area. Mr. Jahnke commented that at the present time, property owners were hiring consultants to identify wetland areas on their properties so that the wetlands can be drained. Mr. Cameron stated as a representative for property owners and as a responsible property owner, he felt obligated to drain property if it can be done legally under current rules and guidelines in order to use the property. He said that he was not an environmental rapist, but a responsible builder who meets government requirements. If he is not allowed to drain and build on his property for environmental reasons, the County should be prepared to purchase his land. Ms. Skrabal reiterated that hiring a consultant to delineate the wetlands will help the developer know where marginal wetlands are located. Since most of the better properties have been developed, a consultant should survey property for new development at some point in the process to comply to the Clean Water Act. It is no more costly early in the process than later. Mr. Cameron explained that most developers know where wetlands are located on their property and will avoid or bypass those areas. The developer should not be made to delineate wetlands in the early stage of development when he plans to develop the high ground areas first. Sometimes a consultant will be hired in the preliminary stage, but a developer should not be required to do so. Before committing a significant amount of money to a project, the developer will want approval of the preliminary plan. Mr. Bill Grathwol stated that the State requires wetlands delineations on stormwater management plans and erosion control plans which is the next step after the preliminary plan approvals. Land cannot be disturbed unless there is an erosion control plan. Mr. Jahnke asked if the purchase price for large tracts of land is affected by the quantity of wetlands and if a developer commits a large amount of money to develop a preliminary plan. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF WORK SESSION ON WETLANDS DELINEATION,PAGE 148 MARCH 18, 1999 Mr. Cameron responded that most often a purchaser will put a property under an option to purchase or on a time track with contingencies such as subdivision approval. A concept on a map will be submitted for approval. If the plan is rejected, another idea may be submitted. As a single- family builder, he would choose to look for another piece of property. In purchasing property, he may not hire a consultant to check for wetlands, but someone in the company usually will flag wetland areas. A consultant will charge about $20,000 per mile to survey for wetlands. Commissioner Howell agreed with the earlier comment that most of today’s drainage problems stem from the lack of regulations several years ago and not from current regulations. Mr. Cameron commented that some developments along the prime low areas did not consider future construction upstream. Another reason for drainage problems is that the drainage ways and ditches are cluttered with debris from the three hurricanes in recent years. He felt the county would benefit significantly if ditches were cleaned and maintained. He spoke of the diametrical difference between water quality and flood control. Water quality can be achieved by holding up water and letting it filter. Flood control is achieved by moving water quickly so that it does not damage anything. Ms. Skrabal noted that adjacent wetlands provide a function of stormwater retention. If wetlands are replaced with impervious surfaces, the site will lose 65% of its ability to slow the water for evaporation to take place. Slowing the flow of water is better than moving it quickly. Mr. William J. Hart, member of the Council of Neighborhoods Association, spoke of the developer who changed his preliminary plan to take advantage of wetlands instead of building a retention pond. The original design had a parking lot in the middle of the wetlands. By having wetlands delineation on the map before the preliminary plan was submitted, city staff was able to design a less expensive plan. Preservation of wetland areas can save significant amounts of infrastructure cost for developers and homeowners. Mr. Jahnke reiterated that the proposed line will assist the developer in the planning process. The expense of marking the wetlands can be factored into the selling price of the land. The earlier the Corps can be part of the process, the better are the opportunities to avoid the permit process. The law requires the permit process, but there may be better ways to address drainage issues. Having wetlands delineated on the preliminary plan is one way to accomplish the task. Mr. Jahnke requested the Commissioners to continue the public hearing process that began two years ago. Director Hayes stated that a public hearing will be advertised to give the public an opportunity to comment on the proposal. Commissioner Birzenieks urged those attending the meeting to support the proposed bond referendum for open space as passionately as they have supported their position on the requirement for wetland delineations. ADJOURNMENT Chairman Caster adjourned the meeting at 11:55 a.m. Respectfully submitted, Teresa P. Elmore Deputy Clerk to the Board