05-20-2013 Planning Commission Packet

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. • ,. / Wetland Ordinance Revisions Apri126,2013 Page 3 If Orono establishes wetland setbacks that are numerically less than MCWD bufFer width requirements (such as if we went back to a 26' standard for a11 wetlands), that could create even more confusion for applicants. The issue would be that they could comply with Orono's setback but not meet MCWD buffer width standard. This is a reason Orono should adopt a setback at least equivalent to MCWD buffer width standards. Need for Wetland Delineation In order for Orono to administer a wetland setback, we need to know where the edge of the wetland is. In situations where a MCWD buffer is not triggered, MCWD would not necessarily be requiring a wetland delineation. In that case it would be up to Orono to require a delineation in order to ensure that the construction is not within the wetland and meets whatever setback : from the wetland that the City chooses to require. We asked MCWD the following: If an addition to a single family residence does not trigger MCWD wetland buffer requirements; does not need a permit under MCWD Stormwater Management Rule; and does not meet the 5,000 sf/50 cy MCWD thresholds for needing an Erosion Control Permit - how does MCWD know whether the addition is near (or within) a wetland? The fact is,they won't know unless they are advised of that activity by others. Levels of Wetland Delineation MCWD staff noted that the 1987 Army Corps of Engineers Wetlands Delineation Manual defines various levels of wetland delineation when applied to WCA rules - Level 1, in which an onsite inspection and formal documentation is unnecessary, and Level 2, which is a more rigorous approach that requires greater documentation such as field staking of boundaries and completion of field data forms. Level 1 delineation would be appropriate where the exact location of the boundary of the � wetland is inconsequential (such as when it's 400 feet away from the project area and if no buffer is required). A Level 2 delineation, which has been provided for a majority of delineations in Orono, is likely necessary when a buffer is required to be established and legally documented, or when it is critical to know the exact boundary of a wetland for setback purposes. If Orono chooses to defer all buffer regulation to MCWD,the primary reason Orono would need a delineation would be for setback measurement purposes. In cases where the proposed project or activity can be verified via existing wetland maps, topography maps, airphotos or other . methods, and where the wetland is sufficiently separated from the project area that there is no question that the setback would be met, staff could perform a Level 1 delineation in-house and not require added detail. Because the current Orono wetland regulations require buffers for wetlands that aze far from a project site and for many types of projects, we have more often than not had to require Level 2 wetland delineations. Absent a buffer requirement, Level 1 would suffice in many instances (for the record, our permit review process essentially has always included what amounts to a Level 1 delineation for every project that comes in the door - which helps us determine whether a more formal delineation will be required).