Development Standards for Karst, Noise, Odor, Blasting, and Floyds Fork Needed

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Development Standards for Karst, Noise, Odor, Blasting, and Floyds Fork Needed  Posted: June 22, 2006
June 22, 2006

To: Bruce Traughber
Charles Cash

Dear Bruce and Charles:

I'm writing to request that a working group be empaneled to begin the drafting of next phase of LDC regulations for those significant areas which were reserved when the Code was initially revised. In several important projects during the past year, the lack of standards governing:

a. development in Karst areas (LDC Chapter 4 Part 9),

b. supplementation of the meager protections afforded landowners in cases where blasting is conducted (LDC Chapter 4.1.1) (and in particular, the lack of state standards providing for pre- and post-blast surveys, posting and circulating of blasting schedules, and conducting of air and ground vibration monitoring);

c. limitations on noise and odor during and after construction (LDC Chapter 4.1.4, 4.1.5); and

d. development within the Floyds Fork Special District (LDC 3.1-1);

have resulted in the failure to impose adequate standards on proposed developments, particularly of Category 3 Reviews in which the applicants have argued with varying degrees of success that the Commission lacks the authority to impose additional conditions other than those specifically stated in the LDC.

It was certainly the expectation of the Council, and I believe of the other members of the group that developed the initial Code revisions, that the reserved areas would be timely completed.

While I can appreciate the interest and effort that has gone towards streamlining the review process, the completion of these substantive regulations is equally important, particularly as the pressure to develop in the karstic areas of the eastern part of the county continues to grow.

KRC would be willing to participate in a working group, similar to that which developed the initial Code revisions, and urges you to convene such a group expeditiously, in order to that these important aspects of the Plan and Guidelines be transformed into meaningful regulations to guide development to assure compatibility with the natural and built environment on and near development properties.

Tom FitzGerald
Kentucky Resources Council, Inc.
By Kentucky Resources Council on 06/22/2006 5:32 PM
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