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CHAPTER 4
SUMMARY OF COMMENTS AND
STAFF RESPONSES
V.
SPECIFIC RECOMMENDATIONS
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There
were several specific changes to the Plan text or
maps suggested:
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A.
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Retain
policy 3.15, (Oral: A. Johnson, 4-8-92; O).
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RESPONSE:
Staff has
proposed retaining policy 3.15.
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B.
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Why isn't
monitoring and maintenance of wetlands proposed for
20 years, instead of only 5 years?, (Oral: D.
Jones, League of Women Voters, 4-8-92, p. 5;
B).
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RESPONSE:
The
regulatory standard for the monitoring of a wetland
mitigation site is 5 years. The WEWSAS Plan
proposes a monitoring period of a minimum of 10
years. It is possible that, as the plan is
implemented, the time period may be extended to
achieve the stated goals of the Plan.
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C.
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Omit
18-05-03-100 in the secondary study area because
most of the 245 acre lot is not wetland, (R.
Nielsen, A).
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RESPONSE:
Depending
on the final treatment of the secondary study area,
this parcel may or may not remain in the Plan as
depicted on Maps No. 4 & 5. If those maps or
some variation of them remain, they should be
amended to remove the non-wetland portions of this
parcel. Only the northeast corner is wetland with
ash woodlands. If the maps are removed, the owner
can participate in the voluntary acquisition
program if he so chooses.
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D.
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Drop
1705360000500 from secondary study area; 90 percent
hllIside and no wetland vegetation, (E. Peck,
Q).
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RESPONSE:
This
property was included in the secondary study area
mailing list as a property potentially eligible for
acquisition by the Bureau of Land Management
because it lies within the broader Coyote Creek
drainage. Further inspection of the property
indicates that it lacks hydric soils and any
National Wetlands Inventory sites, and is a gently
sloping upland. This property does not meet the
primary objectives for land acquisition in the
secondary study area and would not meet the
acquisition criteria for wetlands restoration.
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E.
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Plan
should not exceed the Federal regulations, (W, M.
Hudspeth; X, J. Lorenz).
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RESPONSE:
The
Plan's objectives state that the Plan must meet the
state and federal laws and regulations. Because the
state still requires that the stricter 1989 Wetland
Manual be used in Oregon for permitting and
comprehensive wetland approvals, this is the
highest standard the Plan must meet. By meeting
this standard, the Plan may exceed the federal
standard, because the Corps of Engineers may rely
on the less strict 1987 Wetland Manual.
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F.
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Vote
against the "regional permit" L-COG is requesting,
(S, E. Brown).
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RESPONSE:
The City
of Eugene is the likely applicant for a Corps of
Engineers Regional Permit. It will likely be a
permit to allow wetland fill or drainage activities
for those wetlands designated red (suitable for
future development shown on Map No. 3). The
regional permit is an important part of the overall
implementation of the future development of the
west Eugene Industrial Area. Many property owners
in that region are hopeful that such a permit will
aid certain and streamlined development in west
Eugene that the regional permit will cover.
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G.
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Limit the
Plan to areas within 75 yards (225 feet) of the
Amazon (W-8, Anonymous).
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RESPONSE:
Depending
on the fmal treatment of the secondary study area,
this recommendation may or may not have
applicability. The intent of Map No. 4 in the
secondary study area was to identify, in a broad
manner, those areas that had wetland type soils and
were on relatively flat ground. Where there were
willing sellers and further field investigation
indicated that a parcel would be suitable for
wetland enhancement or restoration, it would be
purchased at fair market value from a willing
seller. The actual parcel or portion of a parcel to
be sold would be negotiated between the owner and
BLM. In some instances the distance to a waterway
could be more or less than 75 yards, depending on
numerous factors. For example, location of
structures, soil boundaries, need to retain an
economic farming unit, existing wetlands, proximity
to the waterway, availability of water and water
rights would all be taken into account.
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H.
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Separate
out recommended action 7.6, (X, J. Lorenz).
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RESPONSE:
Staff
recommends that this Recommended Action remain as
stated. The Clean Water Act and the cleaning of
stormwater are a major driving force behind the
whole wetland law at the federal level. This
Recommended Action does not have the force of a
policy but provides a link between the Clean Water
Act, the wetland plan, and Eugene stormwater
quality efforts.
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I.
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Shift
recommended actions to appendix, (PP, A.
Manol).
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RESPONSE:
Goals,
policies and recommended actions are already
clearly separated and explained in the draft plan.
Staff has already recommended moving a few, very
detailed recommended actions to an appendix to make
the plan read easier. Staff feels that this is
sufficient to address the stated concern.
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J.
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Make
action & advisory statements consistent, (PP,
A. Manol).
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RESPONSE:
Generally, these
words are used as follows: "shall" and "must" are
generally used interchangeably in policies to
express a requirement with the legal standing of
adopted policy review of the draft plan did not
find "will" used in this manner. All four words are
used in various contexts in recommended actions,
but since recommended actions are not adopted as
policy, the use of these words is not binding in
any way. More consistent use of these words in
recommended actions would make the plan more
readable and clear, but would not affect policy
implications of the plan.
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K.
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Don't
amend obnoxious vegetation ordinance. Don't want
seeds from weeds contaminating soils, (VV, M. &
R. Ringsdorf).
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RESPONSE:
This
ordinance applies only within the city limits of
Eugene. Currently, it requires mowing of grasses
over a certain height for fire protection reasons.
In prairie wetlands, it will be desirable in the
future to retain these grasslands in a more natural
state without mowing them. There will have to be
management of those natural areas to protect
adjacent properties from fire danger.
The
concern in the secondary area is that allowing
natural areas adjacent to grass crops will allow
introduction of weeds that cause damage to the
quality of the grass crop and increase the cost of
management of the grass seed crop. Canada thistle
is a noxious weed which can greatly damage grass
seed crop quality. If prairie grasslands are
restored in the secondary study area, management
would have to be coordinated with adjacent owners
to minimize or eliminate these conflicts.
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L.
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Delete
trail from map 6 due to fire hazard, trespass,
vandalism, littering, (LL, J. & W.
Brabham).
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RESPONSE:
Staff
recommends that the ridgeline trail remain on Map
No.6. It is part of other existing plans. The draft
West Eugene Wetlands Plan reflects these other
adopted plans. Removal from this plan would have no
practical effect of relieving the concern
expressed.
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M.
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Remove
tax lots 3000 and 2300 from secondary study area,
(EB, S. & S. Keep).
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RESPONSE:
Both of
these tax lots are presently not within the
identified potential action opportunity area. Only
tax lot 3000 contains a small amount of hydric
soil. Neither tax lot would be a likely candidate
for acquisition or wetlands restoration.
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N.
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Reference
No. B-10 is not a wetland; remove from inventory,
(Y, T. Stewart).
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RESPONSE: Refer to letter
from Oregon Division of State lands (KKK, K.
Bierly)
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| | Index for Summary of Comments and Staff
Responses
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VI. CITIZEN
RECOMMENDATIONS
There were a
number of recommendations to delay the adoption of the draft
Plan for various reasons:
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| A. |
One year, (F. Brown, 4-8-92, p. 3).
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| B. |
Until citizens in the secondary study area become more
familiar with the draft Plan, (David Bales, 4-8-92, p. 3; S. Keep, 4-8-92, p.
6; D. Henning, 4-8-92, p. 6; S. Cook, 4-8-92, p. 6; W.
Welch, 4-8-92, p. 6; L. & I. Bingham, W-5, 5-2-92;
ZZ).
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| C. |
Until the U.S.
Supreme Court rules on the Lucas case dealing with just
compensation scheduled for June or July, (Delores Bales,
4-8-92, p. 3).
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| D. |
Until everyone
affected is adequately notified (D. Oleson, 4-8-92, p.
5).
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| E. |
Until
alternatives can be explored, (S. Bales, 4-8-92, p. 5).
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| F. |
Until Federal
regulations are made, (M. Hudspeth, W, 4-29-92 and W-3,
5-2-92; and Anonymous, W-9, 5-2-92).
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| G. |
Until concerns
have been answered. (M.Hudspeth, W, 4-29-92 & W-3,
5-2-92)
The following response replies to VI. A.-G.
above:
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RESPONSE:
There were a
number of reasons given for delay: until the U.S. Supreme
Court rules on the Lucas case, until a new definition is
developed by federal and state agencies or until a new
wetland manual is developed, until citizens have more time
to learn about the plan, until more notice is given, or
until more alternatives are explored.
Staff recommends
that the Plan not be delayed awaiting federal or state
actions. Those processes are unpredictable. Only one thing
is certain - there will be change in wetlands and land use
laws over time; the question is when and with what impacts.
It is therefore important that there be provisions in the
Plan to respond to those changes over time. The Planning
Commissions have suggested a policy on p. 25 of the
April 24, 1992 insert to the draft Plan, which reads:
"Once
agreement is reached by state and federal agencies on a
uniform method for defining and determining wetlands, the
Plan's inventory will be reevaluated and Plan amendments may
result."
If the
secondary study area is removed from the Plan maps and
clearly defmed as to its intent, and if the "urban reserve
area" policies are deleted, staff recommends that the Plan
not be delayed to allow for additional citizen input. The
Plan would then focus on the primary study area where there
has been ample opportunity and notice for more than three
years to consider wetland impacts.
Staff recommends that the elected
officials not delay the Plan. There is a recognized need to
move ahead with the Plan and its implementation to add
certainty to development questions in the public and private
sectors and to move forward with a wetland protection and
mitigation program within the primary study area. It is time
for the planning process to merge with implementation
programs.
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Notify all affected property owners
in hillside areas and along stream corridors, (X, J.
Lorenz).
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RESPONSE:
This comment responds to Policy 3.14,
which recommends applying hillside protection and streamside
protection policies within the "urban reserve" areas, some
of which lie within the WEWSAS secondary study area. The
author of this comment implies that all owners of property
that would be affected by this policy should be notified
before the policy is adopted. At this time, because the
proposed hillside and streainside ordinances have not been
written it is not possible to identify which specific
properties would be affected. Notification to affected
property owners would ordinarily take place as part of the
process of adopting the ordinances.
The intention of Policy 3.14 is to
limit water quallty and quantity impacts of development
uphill and upstream of wetlands identified for protection in
the WEWSAS primary study area. This policy could be
re-written as follows to clarify that it applies only to
these areas:
| 3.14 |
Apply hillside protection and streamside
protection policies (see Appendix A) to areas which: (a) lie
within the "urban reserve" areas outside the UGB as shown on
the Metropolitan Plan Diagram and (b) drain into wetlands
identified for protection on map #3. |
This policy could also be deleted from
the plan.
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| I. |
Too much in policy 3.13; separate
it and be specific, (X, J. Lorenz).
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RESPONSE:
The gist of Policy 3.13 is to promote
multiple uses of protected wetlands. Subsections (a), (b)
and (c) are examples of multiple uses that are referred to
in the general statement. The three examples need to be
linked to the general statement, in order to clarify it.
Separating the examples would not serve to clarify the
policy. Since this is a policy, it is deliberately stated in
general terms.
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Table of Contents
Index for Summary of Comments and Staff
Responses
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