A-5 agricultural district that also functions as a recreation corridor and wildlife use area, not merely whether the facility can be technically engineered to operate.

The same deficiency appears in the treatment of watershed and stormwater impacts. The findings conclude that federal Section 404 permitting does not apply because no discharge is occurring. Section 404 of the Clean Water Act regulates the placing of dredged or fill material into waters of the US, including wetlands, and it applies to construction activities such as pond excavation, berms, stormwater diversion structures, and emergency spillways, regardless of whether wastewater is retained. Discharge. Federal guidance confirms that creation or expansion of stormwater management facilities and water impoundments may require Section 404 authorization where they intersect jurisdictional waters or wetlands.

Here, the administrative record establishes the facility diverts stormwater, relies on construction containment infrastructure, manages emergency overflow scenarios, and is located within a broader watershed draining towards shared public lands and downstream resources. Forces. Yet the findings contain no jurisdictional determination and no analysis of whether these activities or foreseeable failure scenarios interact with waters of the United States. Equating the absence of routine discharge with the absence of Section 404 applicability leaves a threshold land use issue unresolved. The Commission made no findings that jurisdictional waters or wetlands are present, and it did not evaluate whether storm events, liner failure, or emergency pumping could result in interaction with surface waters under foreseeable conditions.

Instead, the findings equate the absence of routine discharges with the absence of watershed risk. That conclusion is not supported by- is not supported by the record. Air quality analysis suffers from the same deficiency. The findings state that odor is minimal and rely on complaint-based enforcement. Enforcement, but produced water facilities are known sources of volatile organic compounds, hydrogen sulfide, and other emissions associated with oil and field wastewater handling and storage, especially where water is held in open ponds for extended periods.

The record contains no air dispersion modeling, no measurable odor thresholds, no enforceable performance standard, and no analysis of how tripling storage capacity increases exposure. Exposure duration and emissions potential. Under Section 813.4, the county's obligation is preventative. It must be determined at the time of the approval that the use will not degrade public health or quality of life. Relying on complaints after impacts occur does not meet that standard, particularly in an area used for agriculture, hunting, and outdoor recreation.