9.9660 West Eugene Wetlands Plan Policies

9.9660 West Eugene Wetlands Plan Policies.

(1) Apply interim protection measures to wetland sites identified for protection through existing local land use controls, until sites are purchased for conservation and protection. (Policy 3.2)

(2) Along with Lane County and the State of Oregon, protect wetlands on public lands in the west Eugene wetlands study area and restore wetlands on public lands consistent with Wetland Designations Map (Map 3). (Policy 3.5)

(3) Establish, maintain and protect physical and hydrologic linkages between protected wetlands and adjacent transitional and upland wildlife habitat and natural areas. (Policy 3.8)

(4) Protect and enhance the quality, functions, and values of natural and human-made waterways that are interconnected with wetlands. (Policy 3.9)

(5) Restrict public access in natural resource areas, rare plant sites and specified wildlife nesting and resting areas. (Policy 3.11)

(6) Protect and create buffer areas between regulated wetland boundaries and adjacent uses or developments. (Policy 3.12)

(7) Promote multiple uses of protected wetlands to meet community, environmental and human needs:

(a) Provide public access for all people where other wetland functions and values are not compromised;

(b) Coordinate wetland protection, enhancement and restoration with regional water quality improvement needs; and

(8) Implement wetland protection policies that prohibit development on wetlands designated for protection after those wetlands are acquired by a public agency or nonprofit organization (e.g., The Nature Conservancy). (Policy 3.14)

(9) The Waterside Protection setback proposed in the Natural Resources Special Study shall be applied to streams designated to be protected in this plan as identified on Map 3, Wetland Designations. (Policy 3.15)

(10) Local governments shall not issue grading or building permits within areas mapped as jurisdictional wetland in the West Eugene Wetland Plan area unless the applicant has an approved state/federal wetland fill permit for the proposed project (Policy 3.20)

(11) Pursue interim protection of sites which contain rare species, but do not meet the criteria for protection in Policy 3.17 through conservation easements or other measures until either (1) the affected species are de-listed or (2) conservation agreements are reached between the property owner and affected natural resources agencies to address the rare species populations. (Policy 3.26)

(12) Future fill or removal within the “utility corridors” as designated on the Wetland Designation Map (Map 3) shall be conducted with an applicable U.S. Army Corps of Engineers (Army Corps) and/or Division of State Lands dredge and fill permit(s), and shall be limited to the minimum impacts necessary to:

(a) Conduct emergency repairs to existing utility lines,

(b) Conduct essential maintenance (e.g., work to maintain or optimize performance) on existing utility lines, including line locating,

(d) Construct new utility lines,

(e) Move existing utility lines when necessary to maintain service or conduct emergency repairs, and when at least one of the following is true:

1. The utility line must be moved to protect it from erosion or some other natural threat;

2. Construction of public facilities that are consistent with this plan and that conflict with an existing utility line, where such public facilities cannot reasonably be constructed without moving the utility line; or

3. The utility line must be moved in order to maintain or repair another utility line in the same vicinity.

(f) Place new utility poles or replace existing utility poles, only when necessary to maintain performance or safety of above-ground utility lines. Above-ground utility lines may not be replaced with underground utility lines within wetlands designated for restoration or protection.

(g) No other impacts are authorized by this policy. The following shall also apply to these corridors:

1. The corridors for underground utility lines shall be 20 feet wide for excavations or pipes up to 10 feet below ground surface (bgs), 30 feet wide for excavations or pipes from 10 to 15 feet bgs, and 40 feet wide for excavations or pipes deeper than 15 feet bgs. Where two utility lines are close to each other, the corridors for the lines may overlap, but impacts for work on one line are allowed only within the corridor width for that line, not the combined width of both lines.

2. The corridors for above ground utility lines shall be 10 feet wide for single pole structures and 20 feet wide for double pole (“H-style”) structures.

3. The utility corridors shall be centered on an existing utility line, extending an equal distance (half the allowed width) on both sides, except for corridors for new utility lines, which shall be located as specified in subsection 4. below.

4. Construction of new utility lines and new connections to existing utility lines within wetlands designated for protection shall require an amendment of this plan to change the designation from "protect" to "utility line corridor." Such amendments will only be allowed where it is demonstrated that:

a. An alternatives analysis has concluded that locating the new utility line within a protected wetland is the best alternative. The alternatives analysis shall compare alternatives that are completely outside of protected wetlands and compare them to any alternatives that impact protected wetlands. The alternatives shall be evaluated by weighing engineering requirements and total environmental impacts including impacts to rare species and their habitat, and to wetlands designated in the Plan for restoration or protection.

b. The new construction cannot reasonably be constructed completely outside of wetlands designated for protection as demonstrated in the above-referenced alternatives analysis;

c. The utility lines are located so as to reduce the impact to wetlands designated for protection as much as possible, and in no case shall a cumulative area greater than 1 acre be re-designated from “protection” to “utility corridor” for a new utility line;

d. Unavoidable impacts will be mitigated through restoration of the project’s entire impact area;

e. There are no impacts to wetlands from new utility lines installed within the Willow Creek Natural Area; and

f. Impacts to rare plant and animal species will not occur.

(h) Other than the activities described in this policy, these corridors shall be treated as protected wetlands. Allowed activities shall be conducted in such a manner as to minimize adverse impacts to the maximum extent possible upon the wetlands within the corridor itself and within surrounding protected wetlands. Wetland impacts shall be limited to the minimum area necessary. Utility agencies shall use the best feasible technology to pinpoint the location of needed repairs prior to excavation in order to limit the area of impact.

(i) Except for emergency repairs, these activities shall be planned and timed to minimize adverse impacts to wetlands.

(j) All impacts shall be followed by restoration activities including:

1. Backfilling with existing native soil within three feet of the surface whenever possible, and in no case less than two feet; and

2. Grading and re-seeding and/or replanting with appropriate native plant species.

(k) Any unavoidable impacts to rare plant species shall be mitigated through coordinated transplanting or other measures. (Policy 3.21)

(13) The plant and animal species listed below shall be considered rare for the purposes and policies of this Plan:

Rare Plants:
White-topped aster	Aster curtus
Willamette daisy	Erigeron decumbens var. decumbens
Shaggy horkelia	Horkelia congesta
Bradshaw’s lomatium	Lomatium bradshawii
Timwort	Cicendia quadrangularis

Rare Animals:
Northwestern pond turtle	Clemmys marmorata marmorata
Fender’s blue butterfly	Icaricia icarioides fenderi
(Policy 3.23)

(14) Future fill within the Planned Transportation Corridors as shown on Wetland Designations Map (Map 3) shall be limited to those areas granted state and/or federal wetland fill permits for the construction of planned public roadway improvements. New roadway construction shall be limited to those projects listed in TransPlan as of August 10, 1992, excluding those projects listed in Appendix B; no other new roads or streets are permitted. Road widening and other improvements to existing roads or streets shall be limited to those listed in TransPlan (1992) or in an adopted capital improvement plan (CIP) as of June 30, 1998. Road widening and other improvements to existing roads or streets within wetlands designated for protection or restoration shall require an amendment of this plan to change the designation to “Planned Transportation Corridor” if the project is not listed in TransPlan (1992) or in an adopted CIP as of June 30, 1998. In no case shall more than 1 acre (cumulative) of protected wetland be re-designated to Planned Transportation Corridor for improvements to an existing road or street. (Policy 3.22)