2012-01221 - land alteration - Laserfiche WebLink

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DISCUSSION/VARIANCE Permit Application No.: Rule:B//D/I Applicant: Scott and Michele Miller Project: Simla Family Home Construction Received:09/01/05 Location: 85 Old Crystal Bay Road Notification:09/7/05 Recommendation: Denial of proposed plan. 1. Reimbursement of mailing costs 2. Reimbursement of Rule J fees Approval of alternative plan which addresses the following changes: 1. Extra wetland buffer down gradient from the proposed house 2. Vegetative restoration plan for the wetland buffers and existing wetland using Board of Water and Soil Resources seed mixes with an associated implementation plan 3. Submittal of a Declaration for the preservation of the wetland buffer which must be executed and recorded 4. Reimbursement of Rule J fees and mailing costs Background: The applicant is proposing to construct a single family home at the address cited above in the City of Orono.The proposed driveway will impact wetland and wetland buffer.The applicant has requested an exception from the wetland buffer requirement to allow for wetland buffer impacts with additional wetland buffer proposed adjacent to the driveway and Old Crystal Bay Road. Rule B: Erosion control consisting of silt fence and a rock construction entrance has been proposed to meet Rule B requirements Rule D/I: One type 1/3 wetland approximately 2.5 acres in size is located on the subject property.Wetland impacts in the amount of 1,000 square feet are proposed as a result of the driveway location. The impacts qualify for a De minimis Exemption under the Wetland Conservation Act and do no require replacement. Wetland buffer impacts of approximately 4,200 square feet as a result of the proposed driveway location are proposed as part of the project.Additional wetland buffer in the amount of 4,200 square feet has been proposed to mitigate buffer impacts. Staff does not support the additional buffer as proposed to qualify as an exemption under the criteria of Rule I which states an exception may apply if the proposed plan is better for water resources then strict application of the rule.Wetland buffer impacts could be minimized with a reasonable alternative location of the driveway and additional wetland buffer down gradient from the proposed house and a buffer/wetland revegetation plan which includes establishment of a native plant mix as recommended by the Board of Water and Soil Resources could fit the exception criteria in Rule I. 77 Attachments: 1. Permit application 2. Narrative from applicant 3. Site location map(2) 4. Wetland Boundary Map 5. Site plan Renae Clark Date qi,2005-- mill incivc6. RECEIVED APR 4 2013 CITY OF ORONO