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BA 9-16-81 Purviance -14- Mr. Hunter commented that there had been some testimony regarding applications. lie wanted to call attention to one portion of the Excavation Ordinance dealing with the intent of the Excavation Ordinance. lie read the following: Chapter 10. Excavations. Section 9-3450. Purpose and Intent. t1. . .The establishment of conditions to guide the review of excavation application does not preclude the right of the Board of Adjustment or Board of Supervisors to deny an application which conveys the problems of the property involved to any adjoining property or poses a threat to the public 's health, safety or welfare." Mr. Hunter said he thought much of the issues raised were germain and that is something the Board will need to deal with in its decision. Several points were raised in testimony. He said there is really nothing in the County Ordinance to prevent a property owner from digging holes in their land; they can literally destroy their land if they so choose; but they cannot remove any soil without necessary permits. Regarding any possible reference to not having to have a permit in order to do exploratory work, that would only have reference to digging some holes; it would not have any reference to not having a requirement for any building permits for structures. Any structures which may not be related to the agricultural use of the property would need some sort of special permit from the County, from this Board. Mr. Hunter commented with respect to compliance ; a comment was made about the length of the meeting. It could well be in the compliance procedure, another long meeting would be involved should this application be granted and there were violations of conditions . The normal procedure for enforcement, as required by the Ordinance, is for two inspections per year to determine whether or not the excavation is in compliance. The report is rendered to the Board on all excavations throughout the County. That is not to say that if on complaint to the department regarding compliance, a special report cannot be given. On complaint a special report is given. To gain compliance with the various conditions, a hearing is required in the form of a revocation hearing to either revoke the use permit or add additional conditions , or certainly to find out why the conditions are not being complied with. There is always the potential of additional long hearings whenever you are dealing with almost any use permit, excavation pe nnits, etc. Mr. Hunter said there was mention made of flooding on some of the neighboring properties. In general, a person is obligated to accept the flooding that comes from their neighbors. That is the way nature set it up in the first place. This would be determined by terrain and the amount of rainfall, etc. The only time that you can really regulate the flooding of one property to another is when someone alters the natural condition and it would be perfectly proper in the consideration of this application that certainly no additional volume of water be directed towards the neighboring properties; but the applicant could not be required to stop all drainage on to the neighboring properties, because that is what they currently receive and they cannot be made responsible for stopping that.