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APPENDIX C <br /> PROPOSED <br /> CORPS OF ENGINEERS <br /> ALTERNATIVE PERMITTING PROCEDURE <br /> FOR THE <br /> WEST EUGENE WETLAND CONSERVATION PLAN AREA <br /> If the West Eugene Wetland Conservation Plan (the Plan) is approved by the Corps and EPA, the <br /> Corps of Engineers proposes to establish an alternative processing procedure for applications for <br /> Section 404 permits for filling waters of the United States, including wetlands, within the Plan area. <br /> The proposed procedure would provide the opportunity for individuals to receive a Letter of <br /> Permission, rather than a standard individual permit, authorizing the fill of wetlands within the Plan <br /> area. <br /> The basis for using Letters of Permission rather than standard individual permits is that most of the <br /> requirements of the Clean Water Act Section 404(b)(1) Guidelines have been met by the City of <br /> Eugene in the process of developing and adopting its West Eugene Plan. The Guidelines are the <br /> substantive environmental standards by which all Section 404 permit applications are evaluated. <br /> By approving the Plan, the Corps and EPA agree that certain requirements of the Guidelines and <br /> existing procedural processing requirements have been met. Specifically, a demonstration of need, an <br /> analysis of alternatives, an inventory of wetlands, a demonstration that many wetland impacts have <br /> been avoided to the maximum extent practicable, and a plan for compensatory mitigation are contained <br /> within the wetland conservation plan. With these requirements having been met for the wetland areas <br /> identified and designated by the Plan, the Corps can adopt a simplified permit processing approach <br /> which relies on the findings of the Plan. <br /> A. Issues Which Would Be Resolved by Approval of the Plan: <br /> If the Plan is approved, the Corps and EPA will consider the following issues to have been resolved <br /> for wetlands within the West Eugene Plan area. These issues will not be reconsidered when each <br /> Letter of Permission undergoes review. <br /> 1. The wetlands inventory which is the basis for designation of wetlands within the Plan area is <br /> at a level of detail which is sufficient and adequate for planning purposes. <br /> 2. The avoidance requirement of the alternatives analysis has been met (cf. 40 CFR 230.6(a)). <br /> That is, the City has established its development needs through Oregon's Comprehensive State -Wide <br /> Planning Process; has established the extent to which these development needs can be satisfied without <br /> discharging to waters of the State; and has, in the City's designation of "developable" wetlands, <br /> concluded that this is the least environmentally damaging practicable alternative, taking into account <br /> the cost, Logistics, and overall environmental impacts of altering the comprehensive plan (cf. 40 C J R <br /> 230.10(a)i.33-CFR 320.4(j)(2)). <br /> Under Oregon's Comprehensive State -Wide Planning Process, the City must determine its land use <br /> needs for the next twenty years. This determination provides the basis for establishing zoning <br /> designations and the Urban Growth Boundary. This information allows the Corps to analyze the <br /> project purpose and need (to satisfy land use needs within the scope mandated by State law) and to <br /> evaluate alternatives at the planning level. <br /> 1 <br />