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Kentucky Resources Council, PO Box 1070, Frankfort, KY 40602 Phone [502] 875-2428

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PO Box 1070, Frankfort, KY 40602  Phone 502.875.2428, Fax 502.875.2845

Concerning Weakening Amendments to Erosion Prevention and Sediment Control Ordinance  Posted: September 17, 2001

Kentucky Resources Council, Inc.

Post Office Box 1070

Frankfort, Kentucky 40602

(502) 875-2428 phone (502) 875-2845 fax

e-mail FitzKRC@aol.com

TESTIMONY OF TOM FITZGERALD, DIRECTOR

KENTUCKY RESOURCES COUNCIL, INC. BEFORE

JEFFERSON COUNTY FISCAL COURT

CONCERNING WEAKENING AMENDMENTS TO EROSION

PREVENTION AND SEDIMENT CONTROL ORDINANCE

CHAPTER 159

TUESDAY SEPTEMBER 11, 2001

I am here today to express my concern with the weakening amendments to the Erosion Prevention and Sediment Control (EPSC) Ordinance that are proposed for First Reading today by Commissioner Maple.

The current EPSC Ordinance was the product of hundreds of hours of effort among interested parties neighborhood advocates, environmental groups, homebuilders and others and involved give and take on all sides by all at the table. Citizens gave a lot in terms of enforcement in order to maintain protection of floodplains, lakes, wetlands, steep sloped and karst areas.

Commissioner Maple's proposal is a slap in the face of all of us who negotiated in good faith with the developers and homebuilders. These weakening changes take the heart out of the ordinance:

* By eliminating enhanced scrutiny and protection of sensitive features

* By eliminating public notice and involvement in detailed plans

Today's Fiscal Court meeting is fraught with irony. On a day that you have formally recognized excellence in protection of steep slopes through donations of easements, you propose to gut protections for wetlands and other sensitive features.

On a day that you propose to remove any connection between erosion and sediment control and land use considerations, deleting reference to the Cornerstone 2020 plan and deleting review by the Technical Review Committee of land disturbing activities that affect sensitive features, you remove enforcement appeals from the MSD Board and place them in the Planning Commission.

This ordinance is nothing more than an early Christmas gift to homebuilders and developers, and the price for these irresponsible amendments will be paid by the streams, rivers, wetlands, and steep-sloped lands of this county. The cost will be paid in the further erosion of public confidence in this Fiscal Court.

I ask that you defer introduction and first reading of the ordinance until all parties can be brought to the table to discuss whether any changes are needed in this ordinance.

[Note: The Fiscal Court declined to defer the ordinance, and voted to give the ordinance first reading.]



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