(A) CDDLs and operations and activities associated with CDDLs may not be placed or occur in any type of intermittent stream, perennial stream, river, pond, lake, impoundment, wetland, 100-year floodplain, feature of karst terrain or habitat of state or federally listed threatened or endangered species. An exception to the above (barring habitat for state or federally listed threatened or endangered species) is allowed for linear development such as stormwater conveyance structures, access driveways, utility crossings and the like, so long as no other practicable alternative exists that would otherwise avoid the impact.
(B) CDDLs shall not be placed within:
(1) Two hundred and fifty feet of any unplugged well except monitoring wells;
(2) Fifty feet of a septic system leach field;
(3) Twenty-five feet of a septic system collection tank;
(4) Fifty feet of a gas, sewer or water line for a greater than one acre CDDL and 25 feet for a less than one acre CDDL;
(5) Two hundred and fifty feet of a feature of karst terrain;
(6) Two hundred and fifty feet of an intermittent or perennial stream; and
(7) Two hundred and fifty feet of a pond, lake, impoundment or wetland.
(C) Exceptions to divisions (A) and (B) above are as follows:
(1) Re-routing and piping of intermittent streams is allowable so long as the appropriate state or federal permits are obtained including a 401 water quality certificate pursuant to 401 KAR 5:029 through 401 KAR 5:031; and
(2) Filling of isolated ponds and impoundments of ephemeral or intermittent streams is allowable so long as the appropriate state or federal permits are obtained.
(Ord. KOC 97-830-53, passed 9-2-1997)