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Finding: EC 9.6710 establishes the requirement for a geological and geotechnical <br /> analysis and directs the City Manager to adopt administrative rules setting <br /> forth the "standards, procedures and content" of the required analysis. <br /> Further, EC 9.6710(4) establishes the general contents of each of the analysis <br /> levels. Some of the code-established content requires the inclusion of <br /> information that is based on the experience and judgment of the Qualified <br /> Registered Professional, i.e., "recommendations for design and construction <br /> techniques," and "identification ofpotential problems." The Rule explains, <br /> specifically, what is required by the code, generally. No change is being <br /> made to this provision as a result of this comment. <br /> Comment 22: R-9.6710-A. The proposed Administrative Rule violates Oregon state law <br /> ' by allowing registered geologists to practice engineering. <br /> Finding: EC 9.6710(2) establishes that the geological and geotechnical analysis can be <br /> prepared by an Oregon licensed Engineering Geologist or an Oregon licensed <br /> Civil Engineer with geotechnical experience. EC 9.6710(4) establishes the <br /> three categories/levels of analysis and, generally, the content of each level of <br /> analysis. The Rule simply sets forth the acceptable methods to be used for <br /> investigating and reporting the geological and geotechnical site investigations <br /> for levels and consistency of analysis established by the code. A Qualified <br /> Registered Professional must always comply with Oregon Revised Statutes <br /> Chapter 672; neither the Rule or the Code eliminates this state law <br /> requirement. No change is being made to this provision as a result of this <br /> comment. <br /> Comment 23: R-9.6710-G.2.3. There is no analytical method that allows someone to make <br /> reasonable determinations, evaluations, or expectations concerning <br /> consolidation or settlement based on a "visual manual estimate" of the soils. <br /> Finding: Visual manual estimates represent the professional's observation of the soils <br /> and are the foundation for their decision to complete additional testing to <br /> determine consolidation or settlement risks. No change is being made to this <br /> provision as a result of this comment. <br /> Comment 24: The proposed Administrative Rule develops a standard of practice that will <br /> have legal implications burdensome to both the City and the consulting <br /> community. <br /> <br /> ~i <br /> Finding: Eugene Code Section 9.6710 establishes the geological and geotechnical <br /> analysis requirement. Further, EC 9.6710(4) sets forth the three <br /> categories/levels of geological and geotechnical analysis and the general <br /> required contents of each analysis level. Because this comment does not <br /> specifically identify which of the Rule provisions will have potential "legal <br /> implications burdensome to the City and the Community the comment <br /> cannot be responded to further. No change is being made to the Rule as a <br /> result of this comment. <br /> Comment 25: Is the National Resources Conservation Services soil manual the same as the <br /> Soil Survey for Lane County? <br /> Administrative Order - 5 <br /> R:\ADM INORD\RULES\03geotech2ao. wpd(03/26/03 ) <br /> <br />