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GRADING AND EXCAVATION MANUAL 2010 Edition

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SECTION 8: ENVIRONMENTALLY SENSITIVE AREAS

The Summit County Government has taken a proactive approach to the protection of environmentally sensitive areas in order to protect the values and critical functions they provide to the environment, its community, and all beneficiaries, including wildlife and the general public. Environmentally sensitive areas include wetlands, streams, lakes, ponds, and other special wildlife habitat areas. The Engineering Department is the authority under the Code with the responsibility of protecting and preserving surface waters and wetlands within unincorporated Summit County. As impacts to these resources affect other regions, the County works in conjunction with the Summit Water Quality Committee, Environmental Protection Agency (EPA), Army Corps of Engineers (ACOE), State Engineer’s office Water Commissioner, and the Natural Resource Conservation Service (NRCS). Chapter 7: Water Quality Control Regulations and §4200:Wildlife Habitat Overlay District of Chapter 4: Zoning Regulations/Overlay Districts in the Code establish the submittal requirements and standards for development in the vicinity of these sensitive areas.

All development related activity, specifically any earth-disturbing activities, shall be subject to a minimum 25-foot setback from any wetland or surface water in accordance with the provisions established in §7103 and §7105.01 of the Code. In circumstances where a property was created prior to the development of the Code or the specific regulations contained therein, disturbance of the setback areas or wetlands may be required in order to make reasonable use of the inherent property rights associated with the parcel. In those cases, wetland development permits may be required from the County in addition to permits from the ACOE in accordance with §404 of the EPA Clean Water Act. Typical conditions of a County wetland development permit, or grading project where wetland disturbance is permitted, will be 1:1 wetland mitigation, chain link fencing at disturbance limits in lieu of OCF, more significant erosion control measures than on standard projects, and a financial guarantee for the erosion control construction BMP’s and any wetland mitigation requirements, and wetland or surface water setback enhancement measures intended to provide permanent wildlife buffer zones and water quality protection.

The Engineering Department can and will make any conditions or requirements of development in environmentally sensitive areas deemed necessary or appropriate at the time of permitting for the associated project. Any questions regarding the application of the standards established in the Code or discussed here shall be directed to the Engineering Department staff. The goal of establishing these conditions, again, is the protection of those environmentally sensitive areas for the benefit of future inhabitants and visitors, and conditions of development in these areas shall be strictly adhered to. Any failure to comply with conditions established in the permit(s) for a project may result in forfeiture of fi nancial guarantees, additional fees, fines, or legal action, depending on the severity of the impacts of the transgression(s).

GRADING AND EXCAVATION MANUAL 2010 Edition

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