Admin Order 58-02-25-F - Laserfiche WebLink

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Finding: EC 9.6710 establishes the requirement for a geological and geotechnical analysis and directs the City Manager to adopt administrative rules setting forth the "standards, procedures and content" of the required analysis. Further, EC 9.6710(4) establishes the general contents of each of the analysis levels. Some of the code-established content requires the inclusion of information that is based on the experience and judgment of the Qualified Registered Professional, i.e., "recommendations for design and construction techniques," and "identification of potential problems." The Rule explains, specifically, what is required by the code, generally. No change is being made to this provision as a result of this comment. Comment 22: R-9.6710-A. The proposed Administrative Rule violates Oregon state law by allowing registered geologists to practice engineering. Finding: EC 9.6710(2) establishes that the geological and geotechnical analysis can be prepared by an Oregon licensed Engineering Geologist or an Oregon licensed Civil Engineer with geotechnical experience. EC 9.6710(4) establishes the three categories/levels of analysis and, generally, the content of each level of analysis. The Rule simply sets forth the acceptable methods to be used for investigating and reporting the geological and geotechnical site investigations for levels and consistency of analysis established by the code. A Qualified Registered Professional must always comply with Oregon Revised Statutes Chapter 672; neither the Rule or the Code eliminates this state law requirement. No change is being made to this provision as a result of this comment. Comment 23: R-9.6710-G.2.3. There is no analytical method that allows someone to make reasonable determinations, evaluations, or expectations concerning consolidation or settlement based on a "visual manual estimate" of the soils. Finding: Visual manual estimates represent the professional's observation of the soils and are the foundation for their decision to complete additional testing to determine consolidation or settlement risks. No change is being made to this provision as a result of this comment. Comment 24: The proposed Administrative Rule develops a standard of practice that will have legal implications burdensome to both the City and the consulting community. Finding: Eugene Code Section 9.6710 establishes the geological and geotechnical analysis requirement. Further, EC 9.6710(4) sets forth the three categories/levels of geological and geotechnical analysis and the general required contents of each analysis level. Because this comment does not specifically identify which of the Rule provisions will have potential "legal implications burdensome" to the City and the Community the comment cannot be responded to further. No change is being made to the Rule as a result of this comment. Comment 25: Is the National Resources Conservation Services soil manual the same as the Soil Survey for Lane County? Administrative Order - 5 R:\ADMINORD\RULES\03geotech2ao. wpd(03/26/03)