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I <br /> I <br /> July 1989 Page 4. <br /> vertical foot of the land within this century. Therefore, <br /> the additional area above the 100 year flood plan storm <br /> elevation should be considered significant to flood control <br /> and storm damage prevention regardless of elope. The sloping <br /> areas to and landward of the coastal bank should be included <br /> in a buffer- zone that encompasses the 100 ft. setback or <br /> distance to the first major bread in elope above the top of <br /> the bank, whichever is greater. , This will ensure the review <br /> of the COITInissio t for any potential activities in the future. <br /> In other words, there would be a possibility of making the <br /> argument that this land fora is simply just the 100 year <br /> flood plain up to the 100 year flood but we believe that the <br /> face of the bank is significantenough that it should be <br /> defined as a coastal bank. lander; the regulations there is r10 <br /> provision for a buffer zone to land subject to coastal storm <br /> flowage. There WOUld have been the potential argument that <br /> the Commission would only have Jurisdiction up to the 100 <br /> year flood. We are putting before the Corn-nission that if we <br /> are going to call the top of the bark the 100 year flood <br /> plain plus this one foot vertical elevation for sea level <br /> rise, that the Commission should also have jurisdiction <br /> within 100 -feet or to the next bread; in slope, whichever i <br /> greater. The coastal bank is located seaward on a line shown <br /> on the plan here tonight shown in red. The approximate <br /> buffer zone is shown in black and with the exception of two <br /> areas, it probably would gra further- if you accept the <br /> argument that the top of the coastal bank or top of the land <br /> fora is located landward further than 100 'ft. distance. The <br /> bull'idabi l i ty of the .lana'with in the coastal bank and .land <br /> subject to coastal storm flowage is not precluded or <br /> prohibited by performance standards. In addition to getting <br /> the buffer zone above the 100 year; flood plain, the <br /> coawni cion also has the ability to address the performance <br /> standards of the Act in that seaward facing part of the land <br /> form that -is above the 100 year flood plain. <br /> In surnDary. we make a recommendation that the oamiss-don nuke <br /> a written positive determination that the coastal bank <br /> wetland resource conforms to, and may be governed by, these <br /> findings. The definition of an .inland hank is very analogous <br /> to this position that we' re taking. Inland band is defined <br /> as "the mean water level or a break in slope, whichever is <br /> lower" because it was felt in 1983, in the new regulations, <br /> that that portion of the bank that protects the interest of <br /> the Act is that area below that certain point. <br /> We have had discussions with Jeff Benoit from the office of <br /> there is acknowledgement by the State that the <br /> definition o f coastal bank needs to be -improved. His office <br /> -is very willing to heat- any proposals, revised regulations or <br /> r LA le chances and we anticipate that we will foilow through <br /> with this model o if you want to call. 0: that, of defining a <br />