MINUTES
CANDIAN COUNTY FLOODPLAIN BOARD
SPECIAL MEETING
DATE: MONDAY, FEBRUARY 13, 2006
TIME: 1:30
PLACE: COMMISSIONERS’ MEETING ROOM
Floodplain board members present: Cecil Bearden, Frank Austin, Carl Richie, and Jack Scott. Floodplain board members absent: Ken Jacobs, Clarence McLoud, Bobby Rother.
Also present: Jerry Smith, Floodplain Administrator; Amy Brandley; Phil Carson; Duane Crider; Pat Brueggen
Bearden called the meeting to order at 1:33.
Richie motioned to accept minutes of October 24, 2005 meeting; Scott seconded; voting aye, Bearden, Austin, Richie, Scott.
Austin motions to approve Amy Brandley as Canadian County Floodplain Administrator, replacing Jerry Smith. Scott seconded. Voting aye, Bearden, Austin, Scott, Richie.
Agenda item 10 (for consideration of the floodplain administrator to issue provisional permits for construction of padded areas for construction sites), Jerry Smith stated that he originally thought the administrator could approve permits, but Ken Morris at the OWRB suggested that the floodplain board and then the commissioners approve permits, as it has been done up to now. Jerry suggests letting administrator approve provisional temporary permit to allow construction of pad but not drilling for oil and gas sites so that there is not too long of a delay since floodplain board meetings are help every three months. Bearden asks if well head and pumping unit have to be above 100 year floodplain. Scott stated that the many grandfathered well sites in the 100 year floodplain might not stand as grandfathered since grandfathering does not apply if health and safety are compromised. Scott motioned to approve allowing the floodplain administrator to approve a provisional permit for the oil and gas industry for construction and drilling provided the well head and pumping unit are elevated 2 feet above the BFE, and tank batteries and other structures are elevated, anchored, or removed out of the floodplain as required in the county floodplain regulations. Provisional permits will then be approved by the floodplain board at the next meeting, then approved by the commissioners at their next meeting. If the oil and gas company which is applying for a permit has special needs, the provisional approval will not be allowed and must come before the board at the next meeting. Richie seconded. Voting aye, Bearden, Austin, Scott, and Richie.
For considering approval of Chesapeake Energy permit, Petree Estates #1-19, sec9T11NR8W, board decided that the site needs a bfe, the well head needs to be 2 feet above bfe and other requirements as stated above according to the county floodplain regulations. Jerry Smith will talk to Chesapeake about this. Then Amy Brandley can do a provisional approval of the permit.
Discussion of dam breach areas, Jerry Smith was told by Ken Morris of the OWRB that the FIRMs cannot be used to regulate the dam breach areas. These areas need to be identified as some kind of special hazard area or safety concern and be able to apply some kind of regulation to them. Morris told Duane Crider these areas are a “structural failure issue.” The county may need to get zoning in order to regulate. We need an emergency action plan for each of the dams. People need to be informed of the risk, but there is concern about affecting their property values by doing so. But informing people of the risk of living below one of these dams does not address the issue of the huge cost of upgrading the dams because of reclassification to high hazard once there are houses below it. Jerry Smith stated we need to do research to see whose authority the issue is: floodplain board, commissioners or other. Smith stated the floodplain board could do a resolution that would be filed with the land records identifying the dam breach areas.
On the agenda item to limit the number of floodplain board members to 5, Amy Brandley reported that Ken Jacobs and Bobby Rother both asked to step down from the board. Austin motioned to approve the following board members and terms: Jack Scott, 4 years; Cecil Bearden, 6 years; Carl Richie, 4 years; Clarence McLoud, 2 years; and Frank Austin, 2 years. Scott seconded. Voting aye, Bearden, Austin, Scott and Richie.
The Canadian County Floodplain Regulations are being reviewed by the OWRB for compliance with federal and state statutes. Recommendations will be given probably by the next meeting.
Floodplain management is requesting the commissioners to approve proposals for aerial data and surveys of Purcell Creek in and around sec16T12NR6W to allow us to have bfe’s in the area to assist with the Glenn Eagles lawsuit and increase the accuracy of our FIRMs when the new maps come out.
FEMAs Map Modernization program is moving along. Canadian County should have updated digital FIRMs this fall.
Board motioned and seconded to adjourn at 3:13, all in favor.
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Phyllis Blair, Canadian County Clerk