Admin Order 58-09-07-F - Laserfiche WebLink

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With respect to vegetation enhancement as an option for mitigating impacted water quality function, the proposed Rule gives "credit" for planting trees but does not specifically require that trees be planted. No change to the Rule is necessary as a result of these comments. Comment 4: She opined that those who raised issues about the overlay zone with respect to their property prior to the adoption of Ordinance No. 20430 and whose concerns have not been addressed, should not be subject to a formal process to change the overlay zone. Response: The City Council considered all testimony received, as well as staff s responses to comments, prior to taking action on the Water Quality Overlay Zone. In response to testimony that waterway alignments were incorrectly shown on the City's maps, staff reviewed the 2004 aerial photographs, the City's waterway system data, and conducted either a drive-by verification or a site visit when necessary and upon property owner authorization. (See City Council memo dated June 18, 2008, Attachment A: "Staff Response to Public Testimony and City Council.") The Council memo, public testimony, and other related information is available on the City's web site: http://www.eugene- or.gov/wqpw. If the City did err in mapping a Water Quality Waterway, the proposed amendment of land use application fee schedule includes the following provision for Water Quality Overlay Zone map correction or removal of overlay zone: "Application fee to be refunded in full if final decision approves the application pursuant to EC 9.4786(2)(a)." No change to the Rule is necessary as a result of this comment. Now, therefore, based on the above findings and the findings attached hereto as Exhibit A, which are adopted in support of this Administrative Order, and pursuant to the authority contained in Section 2.019 of the Eugene Code, 1971, the /WQ Water Quality Overlay Zone Administrative Rule R-9.4770 is adopted effective June 10, 2009, to provide as follows: /WQ WATER QUALITY OVERLAY ZONE ADMINISTRATIVE RULE R-9.4770 R -9.4770-A Purpose. It is the purpose of this Rule to: (a) describe the procedures used for mapping the setbacks on the Water Quality Waterways Map, to be considered when evaluating a request submitted pursuant to EC 9.4786; and (b) establish a Water Quality Rating System that includes procedures for evaluating a specific Water Quality Management Area's water quality function based on the presence or frequency of enumerated characteristics. R -9.4770-B Definitions. For purposes of these rules, the following words and phrases mean: 1. 303(d) waterway. A waterway identified pursuant to section 303(d) of the federal Clean Water Act that, on March 9, 2009, was not already protected by the NR Natural Resource Zone, the /WR Water Resources Conservation Overlay Administrative Order - Page 3 of 12