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the site constitutes mining, it is necessary to rezone to Agricultural in order to be able to dig the lake; if the definition could be interpreted that digging the lake is not mining, they would not want any zoning change. He further noted that the people in the area -also are concerned about other uses allowed under Agricultural zoning, and even the County Attorney says if this property is rezoned, -there is no guaranty it will be zoned back from Agricultural. Mr. Schmucker disagreed, because he felt the Commission can rezone any piece of property they want. He continued to emphasize that they want to have the lake as part of a residential development. As to why they want to dig a lake, he agreed that, of course, there would be some monetary benefits, as the sand can be used for concrete blocks, but, in exchange, the developer will agree to put in half acre lots instead of the 1/4 acre lots which are allowed, so there will be half the density, half as many septic tanks, less traffic etc. In addition, the developers have made arrangements to move all their material and equipment via another road to the north so that it doesn't bother the adjacent residents, and they are willing to commit that they will not pump while the operation is going on so there is no effect on the environment, i.e., no loss of head on the water table. Vice Chairman Scurlock stated that what he is hearing is that we have no vehicle to approve a subdivision that would limit the amount of excavation and the lot size, etc., and allow this to happen as the normal development of a single family residential area. Assistant County Attorney Paull stated that the Zoning Code does provide that you can remove a certain amount of fill from the site incidental to construction activities if it is not needed for backgrading and filling. What it says is that mining shall not include digging for foundations, D E C 211983 6 4 eeeK r�� \¢ J