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value of 50 cubic yards as a cutoff for conditional use permits is currently being used by <br /> many counties with shoreland provisions. Additionally, it is reasonable to require that the <br /> conditions contained in subitems (1) through (IO)be considered during the review of the <br /> listed uses to further protect and manage shozeland areas. <br /> (NOTE: Due to changes made at the last minute at the final shoreland committee meeting the <br /> wording of this item does not make sense. The original proposal was to require conditional <br /> use permits for grading and filling in excess of 50 cu. yds. Now that the word'conditional' <br /> has been removed,the provisions of local use permits for both a 10 and 50 cu. yd. volume are <br /> redundant.) <br /> Subitem 1 is needed to require that local officials consider the effects that grading and filling <br /> would have on the wetland types listed because these natural resource systems often play an <br /> important role in protecting shoreland areas from degradation or by providing important <br /> habitat diversity. For example, wetlands adjacent to shorelands can receive and filter surface <br /> water runoff before the waters are drained or discharged to lakes and rivers. Certain wetland <br /> types may provide spawning areas for gamefish or serve as waterfowl production areas, as <br /> well as provide nongame related habitat benefits and recreational opportunities. Therefore, it <br /> is reasonable to list the functional qualities shoreland area wetlands may have so resource <br /> managers and local officials will make decisions and recommendation based on a common <br /> set of criteria. <br /> The remaining subitems (2)through (D) are needed to clearly set forth the conditions and <br /> criteria by which grading or filling activities should be evaluated,permitted and conducted. <br /> They are reasonable because they achieve the objectives of shoreland area natural resource <br /> conservation and are also consistent with commonly accepted soil management practices.They <br /> are further reasonable since most of these conditions are currently used by zoning <br /> administrators and professional soil conservation managers. Subitems (2),(3), (4), (5)and(9) <br /> are currently in the existing shoreland regulations in slightly different text and are being <br /> retained from the reorganization of this part as mentioned earlier Subitems(6)through(8) and <br /> (10) were developed and modified through the shoreland Committee process. <br /> It is reasonable to delete the sentences of item C that are regulated by other existing statutes <br /> and rules. It is reasonable to edit the remaining text consistent with the changes in rule style <br /> made elsewhere in this rule. <br /> Subp 5. Placement and design of roads,driveways and parking areas. <br /> It is necessary to delete the existing text since the rules are being reorganized for this subpart. <br /> The first sentence of this subpart is needed because it essentially repeats in a clearer manner the <br /> objective of this subpart as compared to the preceding deleted language. It is necessary to <br /> include driveways in this subpart since their placement can have detrimental effects to <br /> shoreland areas, such as blockage of normal drainage patterns ,filling of small wetlands or <br /> depressions that temporarily store runoff or they may contribute to accelerated soil erosion <br /> problems if not properly designed and constructed.It is also reasonable to require that these <br /> facilities be planned, designed and constructed consistent with field technical guides for soil <br />