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S8 - o0 01 ~ <br />Public Works <br />Engineering Division <br />City of Eugene <br />1VIEMORA D M 858 Pearl Street <br />N U Eugene, Oregon 97401 <br />{541) 682-5291 <br />(541) 682-5032 FAX <br />Date: August 9, 2000 <br />To: Jim Johnson, City Manager <br />From: Les Lyle, City Engineer <br />Subject: Administrative Order Amending Open Waterway Temporary Rule R-6.650 <br />Attached is an administrative order amending the Open Waterway Temporary Rule which you signed <br />on June 9, 2000. This amendment fixes some problems we had with the original temporary rule, but is <br />not intended to be the final administrative order for Open Waterway rules. <br />The-two problems this order fixes are as follows: <br />,~ 1) The Planning Department's hearings official may make a finding, in the land use process, about <br />mitigating for loss of impacts to a waterway. The open waterway exemption review process is <br />additional. We wanted to make it clearer, and reduce duplication of work, by accepting the <br />hearings official's findings, as long they consider the same criteria as is in the open waterway <br />ordinance and temporary administrative rules. <br />2) The original open waterway temporary rules mistakenlyrequired that the City send a public <br />notice, and receive public comments, for open waterway exemptions which are state-mandated <br />or approved by a prior land use or building permit process. Since these decisions have already <br />been made, and wouldn't change because of public comment, we thought it best not to send the <br />notice. The ordinance does not require that public notice be sent for these types of <br />applications, but instead, only for other types of exemptions. <br />