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water to topography not primarily shaped by the presence of water. Where there is more than one <br /> such break in the grade, the uppermost shall be considered the top of the bank. If the top -of -bank <br /> is not identifiable, or if it has been significantly altered through channel reconfiguration or other <br /> enhancements consistent with the provisions of sections 6.650 through 6.670, the prohibitions in <br /> subsection 6.655(2) apply to the line of ordinary high water, which is the line on a bank to which <br /> seasonal high water rises annually. <br /> 6.660 Open Waterways - Exemptions. <br /> (1) The prohibitions in subsection 6.655(2) shall not apply under the following <br /> circumstances: <br /> (a) The piping or filling is pursuant to a land use approval or building <br /> permit specifically authorizing the piping or filling if the approval was final at the <br /> local level prior to the effective date of sections 6.650 to 6.670, is required by state <br /> law, or is in a waterway that is part of a wetland site designated for development by <br /> the West Eugene Wetlands Plan; and <br /> (b) The owner of the property or permittee has submitted to the city, and <br /> the city has approved, a plan for minimizing and mitigating negative impacts to the <br /> waterway as a result of the filling or piping. <br /> (2) The following uses or activities are exempt from the prohibitions of section <br /> 6.655: <br /> (a) Construction of bridges, culverts, and other similar infrastructure <br /> needed to cross open waterways in order to provide vehicular, bicycle and/or <br /> pedestrian access to existing lots of record and connectivity for new development and <br /> regional transportation systems; <br /> (b) Temporary crossings needed to provide access across open waterways <br /> in case of emergencies and/or temporary use conditions; <br /> (c) Repair and/or replacement of: <br /> 1. Existing street crossings, <br /> 2. Channel and stream bank stability problems, <br /> 3. Habitat conditions, . . <br /> 4. Existing utilities such as water mains, wastewater and <br /> stormwater pipes, electrical transmission lines, and telephone and cable <br /> systems. <br /> (d) Construction of stormwater- related•private and public projects for <br /> purposes of restoring or enhancing natural resource values including riparian and <br /> wetland habitat. <br /> (e) Construction of stormwater- related facilities for the purpose of <br /> correcting existing or anticipated flooding and/or water quality problems, such as: <br /> 1. Channel widening, relocation or realignment to increase <br /> conveyance capacity, <br /> 2. Outfalls that discharge runoff into waterways, <br /> 3. Water quality best management practices for filtering and <br /> settling -out pollutants and for preventing and/or minimizing channel down - <br /> Ordinance - 2 <br />