(d) The standards in EC 9.6792(3)(a) and EC 9.6792(3)(b)2 may be adjusted pursuant to <br />EC 9.8030(24). <br />Section 3. Section 9.6793 of the Eugene Code, 1971, is amended to provide as follows: <br />9.6793 Stormwater — Flow Control (Headwaters). <br />(1) Purpose. The purpose of EC 9.6793 is to protect waterways in the headwaters area from the <br />erosive effects of increases in stormwater runoff peak flow rates and volumes resulting from <br />development. <br />(2) Applicability and Exemptions. <br />(a) Except as exempt under EC 9.6793(2)(b), the standards in EC 9.6793(3) apply to land <br />use applications and development permit applications that propose new or replaced <br />impervious surfaces on sites in the headwaters area that drain directly into a headwater <br />stream or drain into a pipe that discharges into a headwater stream. <br />(b) The standards in EC 9.6793(3) do not apply to: <br />1. Construction of less than 1,000 square feet of new or replaced impervious surface <br />within a 12-month period; <br />2. Replacement of impervious surface area that does not expose more than 1,000 <br />square feet of soil (for purposes of this subsection, "soil' means: the unconsolidated <br />mineral or organic material on the immediate surface of the Earth that serves as a natural <br />medium for the growth of land plants); <br />3. Maintenance and/or repair activities taken on an existing structure, facility or other <br />impervious surface to prevent its decline, lapse or cessation in use; or <br />4. Construction of a new or replaced impervious surface that will be served by an <br />existing City approved stormwater flow control facility that was designed and sized to <br />manage stormwater runoff from the proposed impervious surface. <br />5. Development sites within a drainage basin for which the city has constructed or <br />approved a project to restore the receiving waterway, and the entire downstream system <br />has been designed to accommodate full build -out conditions within the drainage basin. <br />(3) Standards. <br />(a) Applications shall demonstrate, using methodology in the Stormwater Management <br />Manual, that peak rates of flow delivered to an existing open waterway at a point above 500 <br />feet in elevation will not increase during storms larger than the water quality design storm <br />Ordinance -- Page 4 of 7 <br />