Eugene Ordinance Exhibit J <br />[Lane County Ordinance Exhibit G] <br />complete vegetative cover, and the near lack of impervious areas. In the flood management category, all <br />four rate "medium." Flood management is determined by the presence of flood prone areas, the <br />dominance or absence of woody vegetation in flood prone areas, and whether the water resource is <br />constricted by man-made features. All reaches rated low for thermal regulation, the result of few trees <br />in the riparian area and no vegetation shading the water resources. As a result of these same conditions, <br />and the open mowed and agricultural uses, these areas rated low to medium for wildlife habitat. <br />However, in a subsequent phone conversation with the Oregon Department of Fish and Wildlife (ODFW) <br />staff, it was confirmed that the reaches are fish-bearing.6 While the quantity (over 38 intact acres of <br />riparian area in an agricultural setting) and location (a major tributary of the Amazon Creek system that <br />eventually flows into the Fern Ridge Reservoir), are notable, based on available information related to <br />quality, including the high water quality function, and identification as a fish-bearing stream by ODFW, <br />the riparian areas are determined to be significant. <br />(D) Adopt a List of Significant Resource Sites <br />660-023-0030(5) - When a local government determines that a particular resource site is <br />significant, the local government shall include the site on a list of significant Goal 5 <br />resources adopted as a part of the comprehensive plan or as a land use regulation. <br />As discussed previously, riparian resource sites in both the Santa Clara and Clear Lake UGB expansion <br />areas have been determined to be significant. As such, an amendment to the adopted list of significant <br />riparian resources is included as part of the UGB adoption. See section 9 of the City's Ordinance. <br />2. Through the following 4 steps, use the ESEE Decision Process to analyze the impacts of <br />protecting the significant resource sites or, instead, allowing some or all uses that could <br />conflict with the resources; determine whether the significant resource sites should get full <br />protection, partial protection or no protection. (OAR 660-023-0040) <br />(A) Identify Conflicting Uses <br />660-23-0040(2) - Local governments shall identify conflicting uses that exist, or could <br />occur, with regard to significant Goal 5 resource sites. To identify these uses, local <br />governments shall examine land uses allowed outright or conditionally within the zones <br />applied to the resource site and in its impact area. Local governments are not required to <br />consider allowed uses that would be unlikely to occur in the impact area because existing <br />permanent uses occupy the site. <br />For riparian areas, the rule at -0090(7) provides more specific direction for the identification of <br />conflicting uses. It sets out the specific activities that, if allowed outright or conditionally within the <br />applicable zones, must be considered as conflicting uses with riparian resources. <br />660-023-0090(7) - When following the standard ESEE process in OAR 660-023-0040 and <br />660-023-0050, a local government shall comply with Goal 5 if it identifies at least the <br />following activities as conflicting uses in riparian corridors: <br />(a) The permanent alteration of the riparian corridor by placement of structures or <br />impervious surfaces, except for: <br />6 Phone conversation between Alissa Hansen, City of Eugene and Karen Hans, Assistant District Fish Biologist, <br />Oregon Department of Fish and Wildlife, on January 15, 2016. <br />14 <br />May 2017 <br />