BOARD MATTER

November 15, 2004

Mr. Chairman: It has come to my attention that the process of reclassifying streams in Fairfax County - from perennial or intermittent - is in need of a change.

A number of my constituents have asked me to propose a change to the Public Facilities Manual (PFM) to allow more transparency in the designation process. On the reverse of this Board Matter, I have included the relevant portion of the PFM (6-1704.4a) and have suggested language modifications.

I believe that modifying the review process to include a Board of Supervisors review or a review by the "Chesapeake Bay Preservation Ordinance Exception Review Committee" would allow for any public input or staff input that might be otherwise lost in the current administrative-only review process.

Therefore, I move that the Director of the DPWES review this request and begin the necessary process to change the PFM as it relates to the designation of streams as perennial or intermittent in Fairfax County. Further, I move that the Director notify the Board by our December 6 meeting of his recommendation on whether the review body should be this Board of Supervisors or the Chesapeake Bay Preservation Ordinance Exception Review Committee.

Fairfax County Public Facilities Manual (PFM)

CURRENT TEXT

6-1704.4A Water bodies identified as perennial on the adopted map of Chesapeake Bay Preservation Areas are based on field studies conducted by the Department of Public Works and Environmental Services using established protocols and shall only be reclassified as intermittent based on observational data of the absence of stream flow during nondrought periods.

PROPOSED TEXT

6-1704.4A Water bodies identified as perennial on the adopted map of Chesapeake Bay Preservation Areas are based on field studies conducted by the Department of Public Works and Environmental Services using established protocols. Such perennial waterbodies shall only be reclassified by the Board/Committee* based on reviews, observations, and recommendations from DPWES staff.

* Board/Committee = either the Board of Supervisors or the Chesapeake Bay Preservation Ordinance Exception Review Committee, pending decision by the Board of Supervisors and/or the Director of DPWES on the appropriate body.

November 15, 2004 BOS meeting transcript:

RECLASSIFICATION OF STREAMS IN THE COUNTY (12:19 p.m.)

(BACs) Supervisor Smyth asserted that the process of reclassifying streams in the County, from perennial or intermittent, is in need of a change. She stated that a number of her constituents asked her to propose a change to the Public Facilities Manual (PFM) to allow more transparency in the designation process. She distributed copies of suggested language modifications to the PFM (6-1704.4a).

Supervisor Smyth stated her belief that modifying the review process to include a Board review or a review by the Chesapeake Bay Preservation Ordinance Exception Review Committee (CBPOERC) would allow for public or staff input that might otherwise be lost in the current administrative-only review.

Accordingly, Supervisor Smyth moved that the Board direct the Director of the Department of Public Works and Environmental Services to:

· Review this request and begin the necessary process to change the PFM as it relates to the designation of streams as perennial or intermittent in the County.

· Notify the Board by December 6 of his recommendation on whether the review body should be the Board or the CBPOERC.

Supervisor Gross seconded the motion.

Following discussion, Chairman Connolly relinquished the Chair to Vice-Chairman Bulova and asked to amend the motion to direct the County Attorney to review this issue in regard to the Board’s legislative action in adopting the perennial stream map, and this was accepted.

Vice-Chairman Bulova returned the gavel to Chairman Connolly.

Further discussion ensued regarding the transition of intermittent to perennial streams, the need to involve the surrounding communities, and the need for staff to review all available options to address concerns.

Supervisor Gross asked unanimous consent that the Board direct staff to add this item to the agenda of the Board’s Environmental Committee scheduled for December 6. Without objection, it was so ordered.

Following further discussion, the question was called on the motion, which carried by unanimous vote.