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• <br /> t <br /> Al Johnson <br /> Hydrologist <br /> 4995 Center Way <br /> Eugene, Oregon 97405 <br /> May 30, 2005 <br /> Dear Eugene City council members, <br /> This letter is in regard to the proposed development of the area in southeast Eugene <br /> bordered by Nectar Way, Garnet and Dillard Roads. This area includes steep slopes, <br /> intermittent stream channels, large trees and wetlands. As a Eugene resident and <br /> professional in the field of hydrology, I strongly oppose the development of this site. <br /> Instead, I favor this property be acquired by the city for the environmental benefits it is <br /> capable of providing and for the enjoyment of all citizen of Eugene and the surrounding <br /> area. My concerns include the fact that development of this property would contribute to <br /> on -site and off-site environmental impacts including potential violations of the federal <br /> Clean Water Act and the high cost of watershed restoration measures and infrastructure <br /> construction. I believe it is important to protect this sensitive area to maintain the <br /> important plant and wildlife habitat found there and to protect and maintain water quality <br /> on -site and downstream. <br /> Water quality data collected over several years by the City of Eugene and others has <br /> indicated that Amazon Creek does not meet state water quality standards a short distance <br /> downstream of this headwater area. Data from Amazon Creek indicates that for all or <br /> portions of time each year this stream does not meet state water quality criteria for several <br /> parameters including; temperature, dissolved oxygen, bacteria, and possibly metals. <br /> Section 303(d) of the 1972 federal Clean Water Act requires states to prepare a list of <br /> water bodies that do not meet state water quality standards and designates these streams <br /> as "water quality limited ". In Oregon, the state Department of Environmental Quality <br /> (DEQ) has the responsibility for administration of the Clean Water Act. DEQ is required <br /> to submit an updated list of those water bodies that do not meet water quality standards to <br /> the Environmental Protection Agency every two years. All existing and readily available <br /> data are to be used to prepare this list. In 1992, clarification of the intent of Section <br /> 303(d) required states to "demonstrate good cause" for not listing a water body and puts <br /> the burden of proof on the states for excluding a water body from the list (Federal <br /> Register, Volume 57, No. 143, Friday July 24,1992, pg 33047, preamble to Section 130.7 <br /> TMDLs). <br /> The final 2002 Section 303(d) list for Oregon (the most current list) does not list upper <br /> Amazon Creek as water quality limited, lack of data has been given as the rational for not <br /> (ble placing Amazon Creek on the 303(d) list for several parameters including; temperature, <br /> dissolved oxygen, bacteria, and sediment. However, Amazon Creek as been placed on the <br />