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<br /> . ~ <br /> k <br /> i <br /> An applicant may challenge the Director's preliminary determination that a site is a sensitive <br /> area through submission of actual field or site information that demonstrates to the City's satisfaction <br /> ' that the site's existing physical features, such as a continuous vegetative perimeter buffer which <br /> prevents discharge of sediments, mitigate potential stormwater quality impacts, and the Director <br /> shall thereafter make a final determination of whether the site is a sensitive area. <br /> If an applicant chooses not to contest the designation or is unable to satisfy the above criteria, <br /> the site shall be considered a sensitive area and an erosion prevention permit shall be required. <br /> ~ 3. Appeal of designation. An applicant who disagrees with the Director's final <br /> determination may appeal that decision within the time and manner prescribed in section R-6.645- <br /> F.11 of these Rules. <br /> I <br /> ~ R-16.645-F Erosion Prevention Permits. <br /> 1. Permit Required. Except as otherwise provided in these rules. or provisions of the <br /> Eugene Code, 1971, no person shall commence any construction related activity without first <br /> ~ obtaining from the City an erosion prevention permit if the construction related activity will: <br /> 1.1 Disturb five or more acres of land at any one time by one or more phases of <br /> development, and the disturbance is located on the same parcel of land or on contiguous <br /> parcels of land under the same ownership; or <br /> 1.2 Is located in a sensitive area as designated pursuant to R-6.645-E of these <br /> rules. <br /> I <br /> 2. Waiver of Erosion Prevention Permit: Notwithstanding any other provisions of <br /> this section, the following activities shall not require an erosion prevention permit. However, under <br /> i no circumstances shall this waiver be construed to mean that these activities are exempt from any <br /> of the erosion prevention requirements of the Eugene Code, 1971 and these rules other than the <br /> requirement to obtain an erosion prevention permit. <br /> 2.1 Construction~cfivities involving the disturbance of less than 500 square feet <br /> of land surface area, or which consist of the excavation and/or fill of less than 20 cubic yards <br /> ~ of material; <br /> 2.2 The issuance of permits andlor approvals for land divisions, interior <br /> ~ improvements to an existing structure, or other approvals for which there is no physical <br /> disturbance to the surface of the land; and <br /> Proposed Erosion Prevention Administrative Rule R-6.645 - 9 12/4/96 <br /> <br />