2/20/2026 <br /> <br />3 <br />Furthermore, the proposed extension of Randy Lane will intrude into the missing but required setback <br />for development from the boundary of Wetland 2. <br />Therefore, for the reasons explained herein, the Application fails to demonstrate compliance with EC <br />9.4920(2)(b). <br />It is important to note that all of Wetland 2 is considered a water of the US, and requires a federal <br />permitting application process for filling that wetland, which the applicant has chosen not to pursue, the present <br />site plan erroneously denotes that part of that wetland is to be filled, which renders the site plan completely <br />inaccurate. Thus, the Applicant’s site plan violates all provisions requiring an accurate site plan, including, but <br />not limited to, EC 9.8472(3). <br />ii. EC 9.4920(3) <br />EC 4.4920(3) provides: <br />“To determine the /WR conservation area for sites in which wetlands exist along with either an <br />upland wildlife habitat site or a riparian site, the /WR conservation area for each of the individual <br />water features shall be calculated and mapped separately, and the total footprint of all the <br />individual /WR conservation areas combined shall be the /WR conservation area for that site.” <br /> <br />The /WR conservation area has not been calculated or mapped separately according to this Code <br />provision. Specifically, the provision requires that the riparian stream must be combined with Wetland 2b to <br />determine the conservation area. Here, the 40-foot setback for the Riparian stream must be combined with the <br />25-foot setback for Wetland 2b. See Subsection (ii) above. While it appears that the Site Plan does refer to an <br />area as the Conservation area, it is not calculated or mapped separately, and does not combine Wetland 2 with <br />the stream as required under this provision. <br />Therefore, the Application fails to demonstrate compliance with EC 9.4920(3). <br />B. The Applicant has not demonstrated compliance with EC 9.4980(4)(b) <br />EC 9.4980(4) provides: <br />“Petroleum products, chemicals, or other deleterious materials used in the construction process <br />shall not be allowed to enter a stream or wetland that is within a /WR conservation area.” <br />