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Finding: EC 9.6710(2) establishes that a geological and geotechnical analysis can be <br />prepared by either an Oregon licensed Engineering Geologist or an Oregon <br />licensed Civil Engineer with geotechnical experience; the Rule describes. <br />these two professionals under the general term "Qualified Registered <br />Professional." The Rule cannot establish standards that are more stringent <br />~- than the Code. Because the Code permits either an Oregon licensed <br />Engineering Geologist or an Oregon licensed Civil Engineer to fulfill the <br />requirements of EC 9.6710, the Rule cannot heighten the Code requirement <br />by requiring a Registered Professional Engineer to perform certain functions. <br />and by requiring applicants to retain a certified Engineering Geologist to <br />assist with other functions. No change is being made to this provision as a <br />result of this comment. <br />Comment 16: R-9.6710-J. The Administrative Rule is unclear regarding the City's process <br />for approving other professionals that can verify subsurface conditions during <br />the construction phase for projects requiring a Leve13 analysis. <br />Finding: R-9.6710-J has been deleted. <br />Comment 17: R-9.6710-J. It is unclear who is allowed to retain the construction <br />verification service. <br />Finding: R-9.6710-J has been deleted. <br />Comment 18: R-9.6710-J. The Administrative Rule does not provide a procedure for <br />reporting discrepancies. <br />Finding: R-9.6710-J has been deleted. <br />Comment 19: Will there be a final report required on the earthwork related construction <br />when it is completed? <br />Finding: Final reports are controlled by the permitting agencies and not a requirement <br />of land use approval. The Rule is adopted. pursuant to EC 9.6710, a land use <br />approval criteria. It is the professional's responsibility to guide and direct the <br />developer in what is necessary to obtain a construction permit and construct <br />a safe and structurally sound facility. Public improvement permitting and <br />construction procedures are outlined in the City's Public Improvement <br />Design Standards Manual. <br />.Comment 20: Appendix A. Expressing. concern about the minimum number of test holes <br />recommended in the Appendix. <br />Finding:. Rule R-9.6710, Appendix A has been revised to reduce. the minimum number <br />of recommended test holes for land divisions. <br />Comment 21: The establishment of these standards creates a legal precedent for practice in <br />a .field that relies a great deal on experience and judgment, and therefore <br />markedly increases the potential for litigation. involving the practicing <br />professional and the City of Eugene... <br />Administrative Order - 4 <br />R: W DM INO RD\RU LES\03geotech2 ao. wpd(03/26/03 ) <br />