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<br />choices as to how the outcomes are met and, therefore, the cost of implementation. Some <br />of these choices include timing of construction activities (dry versus wet season), <br />management measures to be used, maintenance of facilities, and response to violations. <br />MEP, and therefore cost, will only become an issue if the measures undertaken by the <br />property owner are not successful in meeting the outcomes and the City's efforts to have <br />these measures improved are challenged by the property owner (on the basis of MEP). <br /> <br />By definition, Maximum Extent Practicable means a higher than average effort. On <br />an extremely sensitive site, in poor weather conditions, cost to protect the water quality will <br />be higher than for the same use on a nonsensitive site during dryer conditions. A <br />developer/owner could implement low cost practices and stay well below the MEP, or they <br />could elect not to consider these factors and potentially spend up to the MEP. <br /> <br />The proposed MEP cost factor contained in the Administrative Rule was based on <br />estimated costs for implementing erosion control efforts for a 6,000 square foot single-family <br />residence. The estimates ranged between $960 to $2700, or 16 to 45 cents per square foot <br />of the lot assuming the entire lot area is disturbed. The estimates were calculated by city <br />staff and members of the Home Builders Association. For a larger subdivision (14 acres), <br />cost estimates were $6,500 or one cent per square foot. Costs are expected to be on the <br />higher side for parcels located in sensitive areas and for construction activities occurring <br />during the wet-weather season. Given these estimates are based on typical conditions, the <br />$0.50 per square foot factor of disturbed lot area appears reasonable given it represents a <br />maximum level of effort. <br /> <br />Since the program will be reviewed at the end of the first year of implementation, <br />the MEP cost amount will stay at $0.50 per square foot of disturbed area. As the program <br />is implemented and more cost data is obtained it may be appropriate to consider adjustments <br />of the MEP definition at that time. Therefore, there is no need to adjust the rule at this time. <br /> <br />Comment 2: The cost for preparing the construction site management plan should <br />be included as a cost for determining Maximum Extent Practicable. <br /> <br />Finding: Cost to prepare construction site management plans are allowed under <br />6.645-D2.2. Therefore, there is no need to adjust the rule. <br /> <br />Comment 3: Delays in getting a building permit should be included as a cost for <br />determining Maximum Extent Practicable. <br /> <br />Finding: The erosion program will be adequately staffed to meet the administrative <br />needs of the program. Currently, delays in building permit issuance occur for a variety of <br />reasons of which none are related to the erosion program. The MEP provision is directly <br />related to the effort in preventing and/or minimizing negative water quality impacts from <br />construction activities to the stormwater system. However, there is no direct relationship in <br /> <br />Erosion Prevention Administrative Rule R-6.645 - 2 <br />