04/08/1992 Meeting (2) - Laserfiche WebLink

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e e e be resolved. He said that staff would examine why one property owner living in the primary study area was not contacted. Mr. Gordon said that the U.S. Army Corps of Engineers requires that identifi- cation of endangered and candidate species be conducted as part of the re- gional permitting process. He said that if the survey is not conducted in April, it will not be possible again until next April. In this situation, developers would be required to wait an extra year if they wished to develop in a wetland which had been designated appropriate for development. Mr. Gordon said that he would revoke the provision in the letter sent to primary study area landowners which stated that failure to respond would be assumed as permission to conduct the survey. He recommended that the written record be left open for two weeks. Mr. Bjorklund added that staff will examine points in the testimony regarding nonpoint pollutants. Mr. Cornacchia requested that the following issue be addressed in the written staff report: 1) the timing and urgency of adoption of WEWSAS; 2) the rele- vance of the Supreme Court takings case; 3) Mr. Johnson's letter regarding whether the Corps can value property and how that compares to Ballot Measure 5 and its assessment of property at the market value; 4) the various Federal definitions of "wetland," and specifically, its effect on the State's defini- tion which is currently more strict than the Federal one; and 5) the impact on the study of waiting for a new Federal definition. Mr. Gordon said that it is critical that the plan be adopted by June 30, 1992. He said that the funding from the Bureau of land Management has been appropriated. He added that if the public review process for the regional permit occurred in the summer and fall, then amendments could be forwarded to the elected officials in the fall and the plan could be implemented at the beginning of the 1993-94 fiscal year. In response to a question from Ms. Dumdi, Mr. Gordon said that he will send a letter to the primary area landowners stating that they have until April 17, 1992, to provide permission to l-COG to allow the Nature Conservancy to sur- vey their land for endangered and candidate species. In response to a question from Mr. Nicholson, Mr. Gordon said that if endan- gered or candidate species are found on the property, the permit may be de- nied. Mr. Boles requested more information on the displacement ratio concept and a report from l-COG documenting its citizen involvement process--comparing the process applied to owners of. land in the secondary study area versus owners of land in the primary study area. Mr. Cornacchia requested that staff include the Food Security Act with the information sent to owners of land in the secondary study area. MINUTES--Joint Elected Officials April 8, 1992 Page 15