December 3-4, 2015 - LCDC Salem <br />Agenda Item 4, Attachment H <br />660-038-0170(9), (10)(a) [now in -0170(8)] and 038-0210: DSL agrees with the decision of <br />DLCD staff to reinstall "storm water management" in the definition of "public facilities and <br />services." Sanitary sewers are not a replacement for storm water management. While these <br />two services overlap, urbanizing areas benefit when storm water management takes many <br />forms beyond the sanitary sewer system. In many cities the capacity of the sanitary sewer <br />systems can be overwhelmed by the volume of water during some storm events resulting in <br />decreased water quality. Wetlands perform the functions of flood delay, "desynchronization," <br />slowing and storage all of which may dampen storm surges into built treatment facilities. <br />Wetlands may also function to assist with water quality at such times that sanitary sewers are <br />overwhelmed by flood events. <br />660-038-0180(4): DSL provides several comments on this section. <br />1. Regarding, "If factual information is submitted demonstrating that a Goal 5 resource site..." <br />a. The public and agencies must be notified of the UGB expansion, and asked to comment <br />specifically about "Goal 5 resource sites" in order to submit this information. DSL often <br />does not get noticed when cities begin the UGB expansion process. Please provide <br />cities with a process to ensure public, agencies and property owners are properly <br />noticed. While some notification is required in 660-038-0020(13), this direction is <br />insufficient to direct the timing or notification of State agencies with regard to the <br />presence of Goal 5 resources. <br />b. Cities and Counties already have access to the USFWS NWI, the USDA NRCS hydric <br />soils, the USGS national hydrography dataset and other resources that are <br />recommended for use for a rough estimate of the presence of wetlands and waters <br />resources within the UGB study area. This information is "factual information" that <br />DLCD may consider in rule or guidance for this step. <br />2. Regarding the definition of "impact area" that includes "significant Goal 5 resource:" <br />a. For wetlands the only method to determine the "significance" of, or designate a wetland <br />as, "significant," is to go through the LWI and LSW process. In the past DSL staff have <br />had questions from planners and DLCD staff regarding the presence of "significant" <br />wetlands in areas where no LWI, and therefore no significance determination, had been <br />completed. The word "significant" may have meaning for other Goal 5 resources; <br />however, for wetlands this word is a source of confusion when planners only have the <br />NWI. This example illustrates the benefit of completing Goal 5 wetland and water <br />products at the beginning of the UGB expansion process. <br />b. Until the LWI and LSW are completed, cities have to depend upon the less accurate <br />resources listed above in #1 b. Generally, wetlands and waterways are better protected <br />within UGBs once the city has completed and adopted the related Goal 5 products and <br />protective ordinances. Therefore, generally, from the protection standpoint, and aside <br />from the potential effects from urbanization, it may be beneficial for the wetlands and <br />waters resources, and for the city, if these resources are brought into the UGB. <br />However, for consideration of 660-038-0170, actively farmed wetlands (again, not <br />mapped on the NWI) may be better left out of the UGB to be maintained as farmland. <br />660-024-0065(4)(c)(A): As stated above, the NWI is not created at a scale to accurately <br />locate wetland boundaries for the purpose of urban area planning. Also, there is no <br />