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F-022 Applicant Rebuttal to New Evidence 1-2-2024 - Struck From Record - See Order on Evidence From: Ezra L. Hammer To: Davis,Ellen Subject: LU 23-0002/AP 23-04-Rebuttal to Response to New Evidence Date: Tuesday,January 2,2024 3:35:44 PM Attachments: image001.pnq image002.pnq CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Good Afternoon Ellen, The following is our rebuttal to the response to the new material submitted following the December 18, 2023, hearing. In Exhibit G-629, one of the project opponents recommended that, in lieu of the current city-required sewer connection for the project, the applicant should pursue a pump station wastewater system. As city staff have explained on multiple occasions, a pump station system is more complex, costly, and impactful,than the current gravity flow system. In order to even provide a detailed feasibility study for a pump station plan, the city would need to commit to maintaining the system in perpetuity. Without this commitment, it would be inappropriate to initiate detailed engineering, which would likely take several months to complete and cost over$20,000. Additionally, it is important to consider the following as part of any pump station analysis: 1. A pump station system requires multiple failsafe protections. Pump stations include an emergency overflow to either a lesser capacity gravity system (if available) or an overland discharge into a lake or stream. A pump station on or near the project site could require emergency sewer overflow to the wetland that backs into the surface waters near Tara Place and continues downstream into Waluga Park West. 2. Unlike manholes, the city cannot locate pump stations cannot in the middle of the street. This means that the city will need to identify private property to accommodate the easement needed for a pump station. Requiring the placement of a pump station on the applicant's property could constitute a regulatory taking and raise significant liability issues. 3. The pipe routing to and from a pump station will either require public sanitary sewer easements across multiple private lots, or the use of the wetland area in the public right-of- way. This would likely require the removal of additional trees. Despite the insinuation otherwise, project opponents have not provided any detailed engineering alternatives. They have merely raised the idea of a pump station system that is completely prohibited. For the foregoing, the statements contained in exhibit G-629 in no way alter either the city's requirements or the project applicant's commitment to following these requirements. Sincerely, Ezra L. Hammer I Attorney Direct: 503-598-5557 JORDAN A RAMIS 1211 SW Fifth Avenue. Suite 2700 Portland Oregon 97204 jordanramis.com I (888)598-7070 Portland I Bend I Vancouver WA TOP llyiF h, The A-cgomail 2i,_.-2023 • DISCLAIMER:This e-mail is for the sole use of the intended recipient(s). It contains information that is confidential and/or legally privileged. If you believe that it has been sent to you in error, please notify the sender by reply e-mail and delete the message.Any disclosure,copying,distribution or use of this information by someone other than the intended recipient is prohibited.