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ADMINISTRATIVE ORDER NO. 58-03-01-F <br />of the <br />City Manager pro tem bf the City of Eugene <br />AMENDMENT OF EROSION PREVENTION AND <br />CONSTRUCTION SITE MANAGEMENT PRACTICES <br />ADMINISTRATIVE RULE 6.645; AND ` REPEAL OF <br />ADMINISTRATIVE ORDER NO. 58-00-26-F. <br />The City Manager pro tem of the City of Eugene finds that: <br />A, Sections 2.019 and 6.645 of the Eugene Code, 1971, authorize the CityyManager to <br />adopt rules deemed necessary for the administration and enforcement of the provisions of the Eugene <br />Code, 1971. <br />B. Pursuant to that authority andbased on the findings eonta nedinAdministrative flrdex <br />No. 58-03-01 issued on January 15,2003, 1 proposed the amendment of the Erosion Prevention and <br />Construction Site ManagementPracticesAdministrativeRule andrepealofAdministrative Order No. <br />59-00-26-F. <br />C. Notice ` of the proposed amendment was given by making -copies available to any <br />person who had requested such notice and by publication for five consecutive days in the Register <br />Guard, a newspaper of general circulation within the City, on January 19, 20, 21, 22 and 23, 2003. <br />Notice provided that written comments would be received for a period of 15 days from the date of <br />the first publication. - Two comments were ;received to which I make the following findings: <br />Comment l: The definitionof'MaximumExtent Practicable" provides that apractice <br />or action shall be considered "`cost-effective" so long as the cost is less than or equal to $1.50 <br />per square foot of disturbed area. Costs to be considered include implementation and <br />maintenance ofconstructonsite management measures. Costs not consideredinclude: design <br />-preparation, preparation of construction site management plan/tenTlate, actions taken to <br />correct violations, -including any civil penalties imposed, and permanent landscaping and <br />associated fees. Why shouldn't design andproces sing costs be included in the per square foot <br />cost? <br />Findin : The revised definition of "Maximum Extent Practicable" removed permit <br />fees from the costs that will be considered cost-effective in order to focus on the <br />implementation and maintenance ofBMPs. Design preparation, preparation of construction <br />site management plan/template, actions taken to correct violations, including any civil <br />penalties imposed, and permanent landscaping and associated fees, have never been included <br />in the $1.50 calculation. The $1.50 per square foot of disturbed area is to represent the <br />effective implementation which is strictly material and installation costs to protect a site. No <br />changes were made to this rule as a result of this comment. <br />Administrative Rule 1 <br />C:CIIMPV03F,i i*iouYn v-2dt>.wpd <br />