Item A: Water Quality Protected Waterways

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Work Session: Water Quality Protected Waterways Meeting Date: May 14, 2008 Agenda Item Number: A Department: Public Works Staff Contact: Therese Walch www.eugene-or.gov Contact Telephone Number: 682-8647 ISSUE STATEMENT The purpose of this work session is to present the Water Quality Protected Waterways to the council and have an open discussion on the proposed Chapter 9 code amendments (see Attachment A: Draft Ordinance and Exhibits A-D) and related zone changes in preparation for a public hearing May 19, 2008. The proposed code amendments implement stormwater policy as described in the City’s Comprehensive Stormwater Management Plan, implement statewide planning Goal 6 (Air, Water, and Land Resources Quality), and respond to federal Clean Water Act regulations including the Upper Willamette Total Maximum Daily Load. The ordinance establishes a /WQ Water Quality Overlay Zone which will protect the physical integrity and water quality function within and adjacent to otherwise unprotected waterways identified pursuant to section 303(d) of the federal Clean Water Act, waterways that are tributaries to those waterways, and headwater streams. This proposal is one element of a multi- faceted strategy aimed at reducing stormwater pollution and protecting water quality in our local waterways. BACKGROUND City Council Action History - Open Waterways Ordinance In April 2000, the Eugene City Council adopted the Open Waterways ordinance into Chapter 6 of the Eugene Code. The ordinance was subsequently challenged on the basis that it was a land use decision, was remanded back to the City by the Land Use Board of Appeals, and ceased to be in effect as of July 2001. The current proposal, a land use regulation protecting specifically identified waterways for their water quality functions and values, essentially replaces the open waterways ordinance. The Water Quality Protected Waterways ordinance before the City Council, and recommended for approval by the Planning Commission, includes repealing Chapter 6 Open Waterway provisions, which are no longer in effect but are still in the Code, and amending Chapter 9 of the Eugene Code with new provisions. Development of the Current Proposal In June 2006, Public Works initiated a proposal for protecting waterways for water quality purposes. The initial proposal was based upon a review of the scientific literature related to water quality buffers, and an understanding of the status of Eugene’s waterways with respect to their water quality condition and federal and state water quality regulations. The June 2006 proposal identified nearly 90 miles of waterways for protection, including waterways identified as “water quality impaired” pursuant to the Clean Water Act, waterways that are tributaries to water quality impaired waterways, and sensitive headwater streams that drain to water quality impaired waterways. The initial proposal included 75-foot Y:\CMO\2008 Council Agendas\M080514\S080514A.doc