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the Mining Ordinance. Cut and Fill Balance Requirements are in the current ordinance, but the feeling at the workshops was that this might cause some problems with small lots because of the physical inability to provide a hole in the ground to take the place of where you are going to put the fill. Mr. Cain noted they did not resolve that issue, but feel there must be some mitigation provisions to alleviate this problem so that you don't end up flooding other areas. Commissioner Bird commented that on some of the little 50' lots in Oslo by the time they put in the fill for the pad of the house, there isn't any room left on the lot to dig a big hole. Mr. Cain pointed out that if you are outside of a flood zone, the cut and fill balance is not required; so, the theory is don't build in a flood zone. Commissioner Bird asked if Mr. Cain was saying that these lots in flood zones would be deemed unbuildable. Mr. Cain stated they would not be deemed unbuildable. It would be more difficult to build on them, and while they can do such things as build foundations that do not use fill, there still would be a question with the fill needed for the septic tank. Director Keating noted that the new subdivisions are doing their entire cut and fill balance at the time the subdivision comes in so the individual lots don't have to consider this. it was further noted that a lot of the older subdivisions with smaller lots are not in the flood zone. Commissioner Bird still felt we should have some grand- fathering provision, and Mr. Cain believed we could work out some exceptions for some of the smaller lots. Mr. Cain addressed the last controversial issue which is requiring wet detention pond's to use their water for irrigation. Apparently there is a conflict in the Water Management District permit policy in allowing consumptive uses and also a practical limit on the amount of water that can be used in a pond that is AUG 0 9 199033 Boor F��l��t I