To the extent any of the delineated wetland features on Tax Lot 18-04-11-12 / 00200 correspond to AMA- <br />5A or AMA-5B — or any other Category B wetland designation under the City's adopted Goal 5 program <br />— EC 9.4920(2)(b) requires a 25-foot conservation setback measured from the jurisdictional wetland <br />boundary. This setback operates independently of the stream setback established by Condition 19. Where <br />a Category B wetland setback applies, the /WR conservation area is the union of the stream setback footprint <br />and the wetland setback footprint, consistent with the combined-footprint framework of EC 9.4920(3): any <br />area within 25 feet of the AMA-5A or AMA-5B boundary is within the /WR conservation area regardless <br />of its distance from the stream. <br />FGC requests that the record confirm which, if any, of the delineated on-site wetland features correspond <br />to AMA-5A, AMA-5B, or AMA-4, and that the Final PUD plans reflect the applicable setbacks <br />accordingly. The record does not appear to include a combined setback analysis — specifically, a plan sheet <br />or exhibit showing both the 40-foot stream setback line and any applicable Category B wetland setback <br />line(s) — addressing both the Goal 5 stream setback and any applicable Goal 5 wetland setbacks <br />independently. <br />IV. USACE APPROVED JURISDICTIONAL DETERMINATION — WETLAND 2B <br />FGC recently received an Approved Jurisdictional Determination (AJD) issued by the U.S. Army Corps of <br />Engineers, Portland District, dated July 25, 2025 (reference: CENWP-ODG, NWP-2022-30), attached as <br />Exhibit A. The AJD identifies Wetland 2B on the subject property as a federally jurisdictional Waters of <br />the United States. According to the AJD, all other delineated wetland features on the property were <br />determined to be non-jurisdictional. <br />This AJD post-dates the City's Tentative PUD approval process and was not part of the analytical baseline <br />on which prior approvals relied. The federal jurisdictional status of Wetland 2B means that any fill or <br />disturbance of that feature requires a Section 404 permit from the Corps of Engineers. FGC has not located <br />evidence in the City record that the applicant has obtained a Section 404 authorization for any proposed <br />disturbance of Wetland 2B, and requests the applicant and City identify whether such authorization exists <br />and how the jurisdictional status of Wetland 2B is being incorporated into the project's avoidance, <br />minimization, and permitting posture. <br />V. REQUESTS <br />FGC respectfully requests that the Hearings Official: <br />(1) Confirm on the record whether a Type II Standards Review approval under EC 9.4900–9.4980 was <br />obtained and is documented in the record prior to the Planning Director's Final PUD decision. If it is not, <br />reverse or remand the decision on that basis. <br />(2) Confirm whether any on-site wetland features are designated Category B wetlands under the City's <br />adopted Goal 5 program, and if so, confirm that the 25-foot conservation setback required by EC <br />9.4920(2)(b) is reflected in the Final PUD plans and does not conflict with them. <br />(3) Address on the record whether Condition 22's site alteration prohibition applies during the pendency of <br />this appeal, and if so, notify the applicant accordingly.