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~_,, ' <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 />R-6.645-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 />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 />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 />requir€ment to obtain an erosion prevention permit. <br />2.1 Construction~.ctivities 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 and/or 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 />