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Alternative No. 1 - Approve the cut and fill balance waiver <br />Yeiiuetst . <br />Alternative No. 2 - Deny the cut and fill waiver and require <br />excavation on other portions of the site to create a volume of <br />floodplain storage capacity equal to the 865 cubic yards to be <br />displaced by fill. <br />RECOMMENDATION <br />Staff recommends approval of Alternative No. 1. <br />Michael O'Haire, 575 Highway AlA, came before the Board in <br />opposition to the subject cut and fill balance waiver. He pointed <br />out that a waiver is not a right under the County's code of <br />ordinances. The ordinance requires an affirmative showing that it <br />will not adversely affect the floodplain. Mr. O'Haire reminded the <br />Board that the Indian River floodplain is the drainage basin for <br />everything east of the Florida East Coast right-of-way and west of <br />the lagoon at the edge of the Atlantic Ocean, and what is proposed <br />is to fill not just the floodplain but also the waters of the <br />Indian River. The proposed 865 cubic yards of fill-in the 0.28 _ <br />acre of wetlands/ deepwater habitat will cause displacement of water <br />in the Indian River. The ordinance requires that when someone <br />causes a displacement, he must compensate for it. There is no <br />compensation proposed here; this is simply a request for a waiver. <br />Mr. O'Haire contended that common sense indicates there will be an <br />effect on the floodplain. <br />Commissioner Scurlock asked staff whether we have technical <br />data to support a waiver. <br />Director Davis responded that when that waiver provision was <br />implemented into the code, staff determined that for the vast size <br />of the Indian River floodplain small amounts of fill added into <br />that area below elevation 4 do not raise the elevation of the river <br />simply by the fill being placed in the area. There are other <br />factors that affect the floodplain such as wind and tidal <br />conditions, and that is why the Indian River floodplain is not a <br />classic floodplain such as we have at the Sebastian River south <br />prong where that floodplain is less affected by some of the outside <br />effects of wind and tide. Todd Smith, the consultant for Mr. <br />Krovocheck, submitted calculations where the actual volume of fill <br />has been calculated which convinced staff that this is going to be <br />a very minimal impact on the floodplain. <br />Commissioner Scurlock recalled that we have approved a number <br />of waivers and he wondered what would be the cumulative effect of <br />17 <br />JUL 07 1992 <br />