SUPPLEMENTAL WRITTEN TESTIMONY OF <br />FERTILE GROUND CONSERVANCY <br /> <br />In the Matter of: Appeal of Planning Director's Decision <br />Applications: PDF 25-01 (Final PUD) and SDR 25-02 (Standards Review) <br />Braewood Hills 3rd Addition — Tax Lot 18-04-11-12 / 00200 <br />Eugene, Oregon <br /> <br />Submitted to: David Doughman, Hearings Official <br />Via: Nick Gioello, Associate Planner (ngioello@eugene-or.gov) <br />Date: May 6, 2026 <br /> <br />I. INTRODUCTION AND STANDING <br />Fertile Ground Conservancy (FGC) is a 501(c)(3) land trust dedicated to the protection and defense of wild <br />places in the Cascadia region, with a specific conservation focus on waterways, wetlands, riparian corridors, <br />and associated listed-species habitat. FGC submitted written testimony in this proceeding on April 29, 2026, <br />and has standing as an organization that submitted written comments in the original proceeding (EC <br />9.7605(1)(d)) and is adversely affected by the proposed development's impacts on Videra Creek, a tributary <br />of Amazon Creek and the Long Tom River within FGC's primary conservation area (EC 9.7605(1)(f)). <br />This supplemental submission raises additional arguments based on FGC's review of the Planning <br />Commission's Final Order on the Tentative PUD appeal (PDT 24-1 / ST 24-3, February 18, 2025) and <br />newly received regulatory documentation from the U.S. Army Corps of Engineers, attached as Exhibit A. <br />II. THE FINAL PUD RECORD DOES NOT DEMONSTRATE CONFORMANCE WITH <br />BINDING TENTATIVE PUD CONDITIONS <br />Under EC 9.8365(1), the final PUD plan must conform with the approved tentative PUD plan and all <br />conditions attached thereto. The Planning Commission's February 18, 2025, Final Order imposed 27 <br />conditions of approval on the Tentative PUD. FGC submits that the Final PUD record does not appear to <br />demonstrate conformance with at least three of those conditions. <br />Condition 18 (verbatim): "Prior to final PUD approval, the applicant shall obtain Type II Standards <br />Review approval for the proposed public street extension of Randy Lane and any other utility crossings or <br />other allowed improvements within the protected /WR conservation area, subject to the applicable standards <br />at EC 9.4900–9.4980." <br />Condition 18 is a condition precedent: it requires that the Type II Standards Review approval — subject to <br />the EC 9.4900–9.4980 /WR Water Resources Conservation Overlay standards, for the Randy Lane <br />extension and any other crossings or allowed improvements within the /WR conservation area — be <br />obtained before the Planning Director could issue Final PUD approval. The operative question is binary: is