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HomeMy WebLinkAbout2013 11 05 AIS PC SUB Goal 5 AmendmentsAGENDA ITEM SUMMARY Meeting Date: 11/5/2013 Meeting Type: Work Session/Reg. Mtg Staff Contact/Dept.: Mark Metzger/DPW Staff Phone No: 541-726-3775 Estimated Time: 60/60 Minutes S P R I N G F I E L D PLANNING COMMISSION Council Goals: Mandate ITEM TITLE: SPRINGFIELD UTILITY BOARD DRINKING WATER AMENDMENTS TO THE LANE COUNTY RURAL COMPREHENSIVE PLAN (RCP) ACTION REQUESTED: Meet jointly with Lane County in work session to discuss a proposed amendment to the Lane County RCP that would revise Goal 5 groundwater resources policies and add Springfield Wellhead Protection Areas to the Goal 5 Inventory of Significant Groundwater Resources. Conduct a joint public hearing on the proposed amendments and make a recommendation to the Springfield City Council. ISSUE STATEMENT: The proposed amendments fulfill in part, a May 2013 intergovernmental agreement (IGA) between Lane County and the City of Springfield that gives the city a voice in land use decisions that could affect its groundwater resources within county jurisdiction. In exchange for being allowed to participate in such decisions, Springfield agreed to a County proposal to make the Metro Plan Boundary coterminous with the Springfield UGB. ATTACHMENTS: 1. Lane County Staff Report 2. Springfield Utility Board Application 3. Supplemental Information from the Applicant 4. ATT 4 Ordinance No. PA 1307 5. Exhibit A to Ordinance 6. Exhibit B to Ordinance DISCUSSION: Section 1C. of the IGA between the City and the County states: The City and County shall exercise joint decision authority over adoption of any amendments to SUB’s groundwater resource identified in the County’s inventory and on a drinking water protection plan to protect that resource or any amendment to such drinking water protection plan for the term of this Agreement, as further provided in Section 1: D…” The following policy is proposed for inclusion in the RCP as Goal 5 Water Resource Policy 6: “The significant groundwater resource inventory for Lane County shall consist of those wellhead protection areas meeting the requirements of OAR 660-023-0140 (5)(a) that have been delineated and certified by the Oregon Public Health Division. The certified wellhead protection areas shall be adopted into the Goal 5 inventory by Board Ordinance. The adopted area boundaries shall form the basis for development of wellhead protection plans in accordance with OAR 340-040-0180.” The application (Attachment 2) includes maps showing the wellhead protection areas that are being adopted by Lane County. Adoption of Policy 6 and the maps lays the groundwork for the City and County to jointly prepare a drinking water protection plan for the adopted certified wellhead areas. The Springfield Planning Commission and City Council are participating in this amendment to the Lane County Rural Comp Plan as per Section 1 B. of the IGA. LANE COUNTY PLANNING COMMISSION STAFF REPORT HEARING DATE: November 4, 2013 REPORT DATE: October 23, 2013 I. APPLICATION DESCRIPTION A. Applicants: Agent: 1) City of Springfield Gino Grimaldi, City Manager 225 Fifth St. Springfield, OR 97477 Thom Lanfear / Lanfear Consulting LLC 541 Willamette St. Suite 402 Eugene, OR 97401 2) Springfield Utility Board Jeff Nelson, General Manager 250 "A" Street PO Box 300 Springfield, OR 97477 B. Proposal: An application has been filed requesting a major amendment to the Rural Comprehensive Plan (RCP) to: 1) amend the RCP Goal 5 Groundwater Resources Policies and, 2) add the Springfield Wellhead Protection Area to the RCP Goal 5 Inventory of Significant Groundwater Resources. II. STAFF RECOMMENDATION Approval of Ordinance No. PA1307 III. DISCUSSION A. Background: In 1999, the Springfield City Council adopted the Springfield Drinking Protection Water Plan (Plan). The Plan was developed to identify strategies to protect the City’s groundwater resources and to meet state and federal requirements for the protection of drinking water. In 2004, Lane County adopted Ordinance No. PA 1206. This action incorporated the Springfield Drinking Water Protection Plan as a functional plan to the Eugene-Springfield Metropolitan Area General Plan (Metro Plan), thus implementing the Plan outside of the Springfield City limits but within the Metropolitan Urban Growth Boundary (UGB). At that time the plan was not adopted outside of the UGB, despite the fact that approximately 40% of the total groundwater area that supplies Springfield’s wellfields originate within rural Lane County and outside of the UGB. FILE No.: PA13-05273 Attachment 1, Page 1 of 4 Since 2006, staff from the Springfield Utility Board (SUB) has periodically engaged the Board of Commissioners and the Land Management Division to express an interest in having the County implement measures to protect the City’s groundwater resources that lie outside of the UGB. In 2011, Lane County initiated an amendment to modify the Metro Plan boundary east of Interstate 5. The purpose of that amendment was to reduce the total area covered by Metro Plan by making the plan boundary coterminous with the Springfield UGB. During the initial public hearing proceedings for that action the Springfield Utility Board expressed opposition. At the time, the utility’s fundamental concern was that if the Metro Plan boundary was altered to be coterminous with Springfield’s UGB the City would no longer be a decision maker (Vis-à-vis the Metro Plan) on land use actions outside the UGB, which might have an impact on the City’s water supply. In response to these concerns, Lane County, Springfield and SUB held a series of discussions throughout 2012. These talks ultimately culminated in an Intergovernmental Agreement (IGA) between the City and the County. The IGA enabled the City to maintain its decision making authority (previously enabled by Metro Plan Policies) on specific RCP PAPA proposals that might impact the City’s drinking water outside the UGB. The IGA also directed the County to prioritize an amendment to the Rural Comprehensive Plan to add the Springfield “Wellhead Protection Areas” to the County’s Goal 5 Inventory of Significant Groundwater Resources and implement related RCP policies. In accordance with the IGA, SUB and Springfield jointly filed an application with the Land Management Division to implement these amendments on August 15, 2013. This is the application the Planning Commission finds before it. In addition, because the IGA grants decision to the City of Springfield on this issue, the City of Springfield’s Planning Commission and City Council are participating in this RCP amendment. B. Wellhead Protection Areas Goal 5 Inventory Updates: SUB and the and Rainbow Water District (Rainbow) operate more than 35 wells to produce water from extensive aquifers located beneath Springfield and Unincorporated Lane County. These wells serve a population of approximately 64,000. Those portions of the aquifers that actually yield water to the community's wells have been delineated. The purpose of the delineation process is to determine the wellhead protection area for each well/wellfield. This is the area on the surface that directly overlies that part of the aquifer(s) that supplies groundwater to the wells. The delineated area is divided into various time of travel (TOT) zones to indicate the calculated amount of time it takes groundwater to move from each zone to the pumping well. Each of the SUB/Rainbow wells, wellfields, and their respective delineated TOT zones are represented on Exhibit #2 to Attachment “#1 (the applicant’s submittal). The complete Springfield Wellhead Protection Area including those areas proposed for inclusion on the Goal 5 inventory of Significant Groundwater Resources is shown on Exhibit #1 to Attachment #1. Individual well field areas with the TOT zones are depicted on Exhibit #11 to Attachment #1. It is within the wellhead protection areas that a contaminant, if released, could migrate down to the aquifer and travel to the well. Under the Administrative Rules that apply to Oregon's Drinking Water Protection Program, the Department of Human Services Public Health Division (PHD) (formerly Oregon Health Division (OHD)) has responsibility for certifying groundwater-derived wellhead protection areas in the State. The delineations of the wellhead protection area Attachment 1, Page 2 of 4 for all of Springfield's wells were conducted in accordance with state requirements and certified by OHD in April 1997. The delineations were recertified by OHD in March 1999 in Certification #0002R, Exhibit #4 to Attachment #1, and by PHD in July 2008 in Certification #0002R version 2, Exhibit #3 to Attachment #1. The Oregon Administrative Rules (OARs) implementing Statewide Planning Goal 5 requires that local government amend acknowledged plans in order to inventory and protect significant groundwater resources. OAR 660-023-0140(2). The delineated wellhead protection area shown on Exhibit #1 to Attachment #1 is considered a significant groundwater resource because the public water system served by the wellhead area has a service population greater than 10,000 and relies on groundwater from the wellhead area as the primary or secondary source of drinking water. The inclusion of the Springfield wellhead protection area on the significant groundwater resource inventory in the Rural Comprehensive Plan will satisfy the Goal 5 inventory requirement and provide the basis for future development of a Drinking Water Protection Plan outside of the urban growth boundary. The area proposed for inclusion on the inventory is limited to the portion of the Springfield wellhead protection area that lies outside of the Eugene-Springfield Metropolitan Area General Plan boundary and east of the I-5 corridor. C. Goal 5 Policy Updates: There currently are no adopted significant groundwater resources identified in the Lane County Rural Comprehensive Plan. Concurrent with the adoption of the delineated area as a significant groundwater resource, a policy is proposed to be added to the RCP Goal 5 Water Resources policies to identify the applicable processes and provisions guiding the inventory and protection of these resources. Another policy is proposed to be added to the policies section applicable to the lands removed from the Eugene-Springfield Metropolitan Area General Plan by Ordinance No. PA 1290 in June of 2013. The policy identifies the procedural requirements contained within the Intergovernmental Agreement between Springfield and Lane County for review of applications within the former Metro Plan Boundary related to groundwater resources. IV. APPROVAL CRITERIA & ANALYSIS A. Character of the Request: This application request is characterized as a Post-Acknowledgement Plan Amendment (PAPA) to the Lane County Rural Comprehensive Plan. The applicant requests that the delineated and certified Springfield wellhead protection area be recognized as a significant Goal 5 groundwater resource. The RCP Goal 5 Water Resources Policies are proposed for amendment to identify the inventory and direct future development of protection measures for the resource. B. Applicable Criteria and Evaluation: The application is thorough and accurate, and staff agrees with the assertions made therein. The criteria listed in below in bold underlined text are applicable in the review of this proposal and are followed by a bulleted reference to the pages within the application text in which they are successfully addressed: 1. Lane Code 16.400(8)(a) 'Major' and 'Minor' Amendments Attachment 1, Page 3 of 4 Addressed on pages 3 and 4 of the application submittal, included as Attachment #1 2. Lane Code 16.400(6)(h) Method of Adoption and Amendment Addressed on page 4 of the application submittal, included as Attachment #1 3. Statewide Planning Goal 5 (specific discussion) Addressed on pages 4 and 5 of the application submittal, included as Attachment #1 4. Oregon Administrative Rules 660-023 Applicable to the Inventory and Protection Goal 5 Groundwater Resources Addressed on pages 5-9 of the application submittal, included as Attachment #1 5. Statewide Planning Goals 1-15 Addressed on pages 9-14 of the application submittal, included as Attachment #1 6. Applicable Metro Plan Policies referenced by the RCP Goal 5 Water Resources Policy 2 for Lands Removed from the Eugene-Springfield Metropolitan Area General Plan Addressed in pages 1-10 of the supplemental findings document, dated October 21, 2013 and included as Attachment #2. V. CONCLUSION A. Summary and Recommendation A wellhead protection area for the wells that supply drinking water for 64,000 Springfield residents has been delineated and certified in accordance with the Oregon Health Division requirements that implement the Federal Safe Drinking Water Act of 1986. Statewide Planning Goal 5 requires the inventory of groundwater resources in Lane County. The applicant has successfully demonstrated that the proposes PAPA application meets the applicable approval criteria. Staff recommends that the Planning Commission forward a recommendation to the Board of Commissioners that Ordinance No PA 1307, included as Attachment 3, be adopted to implement the proposed RCP amendments. B. Attachments to Staff Report 1. Application, dated August 15, 2013, including Applicant's statement and exhibits, totaling 38 pages 2. Applicants Supplemental Findings, dated October 21, 2013, totaling 11 pages 3. Ordinance No. PA 1307 and exhibits, totaling 5 pages Attachment 1, Page 4 of 4 LaFIrgan CONSULTING LLC October 22,2AL3 Keir Miller, Senior Planner Land Management Division 3050 North Delta Highway Eugene, OR 97408 RE: SUB Goal 5 Plan Amendment File No. 509-PA13-05273 Mr- Miller: Please accept this supplemental submittal into the record for the pending proposal to amend the Lane County Rural Comprehensive Plan {RCP} to revise the Goal 5 Groundwater Resources Policies and add the Springfield Wellhead Protection Area to the Goal 5 inventory of Significant Groundwater Resources. Amendment of the Rural Comprehensive Plan as proposed requires conformance with Lane Countv Rural Comprehensive Plan Goal 5 Water Resources Policv 2 for Lands Removed from the Eugene- Springfield Metropolitan Area General Plan. The material attached to this letter [s submitted to demonstrate conformance with the applicable findings and policies. Please contact me if you have any questions regarding the submittals. Thom Lanfear Lanfear Consulting LLC cc. Amy Chinitz, 5UB Mark Metzger, City of Springfield 54I WILLAMETTE ST. SUITE 4O2 EUGENE. OREGON 9740'I 54I-345-A]39 TLANFEAR@PACiNFO.COM Attachment 1 to LCPC Staff Report Attachment 2, Page 1 of 38 APPLICATION FOR AMENDMENT OF THE LANE COUNTY RURAL COMPREHENSIVE PLAN I. A. Applicants: City of Springfield Gino Grimaldi, City Manager 225 Fifth St. Springfield, OR 97477 Springfield Utility Board Jeff Nelson, General Manager 250 "A" Street PO Box 300 Springfield, OR 97477 Agent: Thom Lanfear / Lanfear Consulting LLC 541 Willamette St. Suite 402 Eugene, OR 97401 B. Proposal: Amend the Lane County Rural Comprehensive Plan (RCP) to revise the Goal 5 Groundwater Resources Policies and add the Springfield Wellhead Protection Area to the Goal 5 inventory of Significant Groundwater Resources. II. BACKGROUND The Springfield Utility Board (SUB) and Rainbow Water District operate more than 35 wells to produce water from extensive aquifers located beneath the Springfield area and serve a population of approximately 64,000. Those portions of the aquifers that actually yield water to the community's wells have been identified or delineated. The purpose of the delineation process is to determine the wellhead protection area for each well/wellfield. This is the area on the surface that directly overlies that part of the aquifer(s) that supplies groundwater to the wells. The delineated area is divided into time of travel (TOT) zones to indicate the calculated amount of time it takes groundwater to move from each zone to the pumping well. Each of the SUB/Rainbow wells, wellfields, and their respective delineated TOT zones are represented on Exhibit #2. The complete Springfield Wellhead Protection Area including those areas proposed for inclusion on the Goal 5 inventory of Significant Groundwater Resources is shown on Exhibit #1. Individual well field areas with the TOT zones are depicted on Exhibit #11. It is within the wellhead protection areas that a contaminant, if released, could migrate down to the aquifer and travel to the well. Under the Administrative Rules that apply to Oregon's Drinking Water Protection Program, the Department of Human Services Public Health Division (PHD) (formerly Oregon Health Division (OHD)) has responsibility for certifying groundwater-derived wellhead protection areas in the State. The delineations of the wellhead protection area for all of Springfield's Attachment 1 to LCPC Staff Report Attachment 2, Page 2 of 38 Page 2 of 14 wells were conducted in accordance with state requirements and certified by OHD in April 1997. The delineations were recertified by OHD in March 1999 in Certification #0002R, Exhibit #4, and by PHD in July 2008 in Certification #0002R version 2, Exhibit #3. Statewide Planning Goal 5 Administrative Rules require local governments to amend acknowledged plans in order to inventory and protect significant groundwater resources. OAR 660-023-0140(2). The delineated wellhead protection area shown on Exhibit #1 is considered a significant groundwater resource because the public water system served by the wellhead area has a service population greater than 10,000 and relies on groundwater from the wellhead area as the primary or secondary source of drinking water. The delineated area within the urban growth boundary was adopted by Lane County in Ordinance No. PA 1206 in 2004 for implementation of the Springfield Drinking Water Protection Plan. The wellhead protection area outside of the Urban Growth Boundary has not yet been adopted by Lane County as a significant groundwater resource. The inclusion of the Springfield wellhead protection area on the significant groundwater resource inventory in the Rural Comprehensive Plan will satisfy the Goal 5 inventory requirement and provide the basis for future development of a Drinking Water Protection Plan outside of the urban growth boundary. The area proposed for inclusion on the inventory is limited to the portion of the Springfield wellhead protection area that lies outside of the Eugene-Springfield Metropolitan Area General Plan boundary and east of the I-5 corridor [Exhibit #2]. The Metro Plan boundary was revised to a location coterminous with the Springfield Urban Growth Boundary by Lane County Ordinance No. PA 1290 adopted June 5, 2013. There currently are no adopted significant groundwater resources identified in the Lane County Rural Comprehensive Plan. Concurrent with the adoption of the delineated area as a significant groundwater resource, a policy is proposed to be added to the RCP Goal 5 Water Resources policies to identify the applicable processes and provisions guiding the inventory and protection of these resources. Another policy is proposed to be added to the policies section applicable to the lands removed from the Eugene-Springfield Metropolitan Area General Plan by Ordinance No. PA 1290 in June of 2013. The policy identifies the procedural requirements contained within the Intergovernmental Agreement between Springfield and Lane County for review of applications within the former Metro Plan Boundary. A. Local Groundwater Characteristics Groundwater throughout the valley is encountered at shallow depths, typically within 10 to 20 feet of ground surface. The near surface aquifer conditions are generally unconfined. Semiconfined conditions appear to occur at depth due to heterogeneous layering in the sediments or local cementation of the sediments. However, traceable low-permeability layer, such as a clay or silt confining layer of significant areal extent has not been identified in the Springfield area. Groundwater flow generally occurs in a direction parallel to the valley axis (north, northwest, or west depending on one's Attachment 1 to LCPC Staff Report Attachment 2, Page 3 of 38 Page 3 of 14 location in the valley). A large quantity of groundwater recharge occurs by infiltration of precipitation onto the valley plain in the Springfield-Eugene area. Groundwater also enters the project area from the east along the McKenzie river drainage and from the south along the Coast Fork and Middle Fork drainages of the Willamette River. Groundwater leaves the project area by regional outflow as groundwater and also as discharge to the McKenzie and Willamette Rivers. Groundwater is also withdrawn by water wells. B. Groundwater Use SUB and Rainbow Water District are the primary providers of groundwater in the project area serving approximately 64,000 people. Water demand varies seasonally and several of the wells are used primarily in the dryer summer months. The average day demand for the combined SUB-Rainbow water system is about 10 to 11 million gallons per day (MGD). This demand peaks in the summer months at about 23 - 24 MGD. The Eugene Water & Electric Board (EWEB) is the other major water supplier in the area and currently withdraws all of its supply as surface water from the McKenzie River. III. CRITERIA AND ANALYSIS A. Character of the Request This application request is characterized as a Post-Acknowledgement Plan Amendment (PAPA) to the Lane County Rural Comprehensive Plan (RCP). The applicant requests that the delineated and certified Springfield wellhead protection area be recognized as a significant Goal 5 groundwater resource. The RCP Goal 5 Water Resources Policies are proposed for amendment to identify the inventory and direct future development of protection measures for the resource. B. Evaluation The application addresses the Goal 5 requirements of Oregon Administrative Rules (OAR) 660-023-0140 which authorizes Lane County to add the Springfield wellhead protection area to the Lane County Rural Comprehensive Plan "Significant Groundwater Resources Inventory". The Lane Code requirements of LC 16.400 that govern review of Plan Amendments are also addressed below. 1. Classification of Amendment LC 16.400(8)(a) Amendments to the Rural Comprehensive Plan shall be classified according to the following criteria: (i) Minor Amendment. An amendment limited to the Plan Diagram only and, if requiring an exception to Statewide Planning Goals, justifies the exception solely on the basis that the resource land is already built upon or is irrevocably committed to other uses not allowed by an applicable goal. (ii) Major Amendment. Any amendment that is not classified as a minor amendment. Attachment 1 to LCPC Staff Report Attachment 2, Page 4 of 38 Page 4 of 14 The City of Springfield and the Springfield Utility Board request that the Lane County Goal 5 Inventory of Significant Groundwater Resources be amended to include the area delineated as a Wellhead Protection Area by the Public Health Division. Since the proposal does not require an amendment to the Plan Diagram only, it is classified as a Major Amendment. 2. Plan Amendment Criteria Lane Code 16.400(6)(h)(iii) The Board may amend or supplement the Rural Comprehensive Plan upon making the following findings: (aa) For Major and Minor Amendments as defined in LC 16.400(8)(a) below, the Plan component or amendment meets all applicable requirements of local and state law, including Statewide Planning Goals and Oregon Administrative Rules. The applicable requirements of the Oregon Administrative Rules and the Statewide Planning Goals are adequately addressed below. (bb) For Major and Minor Amendments as defined in LC 16.400(8)(a) below, the Plan amendment or component is: (i-i) necessary to correct an identified error in the application of the Plan; OR (ii-ii) necessary to fulfill an identified public or community need for the intended result of the component or amendment; OR (iii-iii) necessary to comply with the mandate of local, state or federal policy or law; OR (iv-iv) necessary to provide for the implementation of adopted Plan policy or elements; OR (v-v) otherwise deemed by the Board, for reasons briefly set forth in its decision, to be desirable, appropriate or proper. This request is in conformance with Lane Code 16.400(6)(h)(iii)(bb)(iii-iii) above. Lane County is mandated to comply with Oregon Administrative Rule (OAR) 660-015-0000(5) which requires Lane County to inventory significant groundwater resources and develop a program to protect the resource for present and future generations. This proposal is a request for a Post Acknowledgement Plan Amendment (PAPA) to add the delineated and certified Springfield wellhead protection area to the significant Groundwater Resources Inventory. The proposed action satisfies the inventory component of the requirement and provides the basis for development of a program to protect the resource. 3. Statewide Planning Goal 5 Significant Groundwater Resources Goal 5: To protect natural resources and conserve scenic and historic areas and open spaces. Local governments shall adopt programs that will protect natural resources and conserve scenic, historic, and open space resources for present and Attachment 1 to LCPC Staff Report Attachment 2, Page 5 of 38 Page 5 of 14 future generations. These resources promote a healthy environment and natural landscape that contributes to Oregon's livability. OAR 660-015- 0000(5) The following resources shall be inventoried: . . . f. Groundwater Resources; . . . Following procedures, standards, and definitions contained in commission rules, local governments shall determine significant sites for inventoried resources and develop programs to achieve the goal. The procedures, standards and definitions applicable to the determination of significant groundwater resources are found in the Oregon Administrative Rules 660-0223-0140 addressed below. The delineated wellhead protection area has been developed in accordance with the relevant provisions as discussed below. Adoption of this area by the Board of Commissioners as the significant inventory for the groundwater resource in the Rural Comprehensive Plan conforms to Goal 5 requirements. The Goal 5 RCP Water Resources policies need to be amended to identify the inventory in the Plan and set policy for development of a program to protect the resource. The following policy is proposed for inclusion in the Plan as Goal 5 Water Resources Policy 6: “The significant groundwater resource inventory for Lane County shall consist of those wellhead protection areas meeting the requirements of OAR 660-023- 0140(5)(a) that have been delineated and certified by the Oregon Public Health Division. The certified wellhead protection areas shall be adopted into the Goal 5 inventory by Board Ordinance. The adopted area boundaries shall form the basis for development of wellhead protection plans in accordance with OAR 340-040- 0180.” 4. Oregon Administrative Rules (OAR) OAR 660-023-0140(2) requires local governments to amend acknowledged plans prior to or at each periodic review in order to inventory and protect significant groundwater resources under Goal 5. Significant groundwater resources include wellhead protection areas delineated in accordance with OAR 660-023-0140(4) and (5): OAR 660-023-0140 (4) A local government or water provider may delineate a wellhead protection area for wells or wellfields that serve lands within its jurisdiction. For the delineation of wellhead protection areas, the standards and procedures in OAR chapter 333, division 61 (Oregon Health Division rules) shall apply rather than the standards and procedures of OAR 660-023- 0030. Attachment 1 to LCPC Staff Report Attachment 2, Page 6 of 38 Page 6 of 14 A “wellhead protection area” is the surface and subsurface area surrounding a water well, spring, or wellfield, supplying a public water system, through which contaminants are reasonably likely to move toward and reach that water well, spring, or wellfield. OAR 660-023-0140(6)(e). A. Wellhead Protection Area Each of the SUB/Rainbow wells, wellfields, and their respective delineated time of travel (TOT) zones are represented on Exhibit #1, which shows the complete Springfield Wellhead Protection Area. Exhibit #2 depicts the individual well field areas with the TOT zones. The individual wellfields that comprise the Springfield Wellhead Protections area proposed for inclusion on the RCP inventory consist of lands within the following areas: : The delineated areas for the I-5, Sports Way, Maia, 16th & Q, Pierce, and Platt 1 & 2 encompass lands north of the City of Springfield between the McKenzie River and the urban growth boundary. The delineated area for the Willamette wellfield encompasses lands south of the City of Springfield between the urban growth boundary and the Middle Fork Willamette River and some additional lands to the east and south of the Middle Fork Willamette River. The delineated time of travel area for the Chase wellfield encompasses lands north of the City of Springfield between the McKenzie River and the urban growth boundary. It also crosses over to the north of the McKenzie River. The delineated time of travel area for the Weyerhaeuser wellfield encompasses lands north of the City of Springfield between the McKenzie River and the urban growth boundary. The delineated zone of contribution area for the Weyerhaeuser wellfield crosses over to the north side of the McKenzie River. The delineated time of travel area for the Thurston wellfield encompasses lands north of the City of Springfield between the McKenzie River and the urban growth boundary. It also crosses over to the north side of the McKenzie River. The zone of contribution for the Thurston wellfield extends along the McKenzie River and Cedar Creek corridors to Hendricks Bridge. A “delineation” is a determination that has been certified by the Oregon Health Division pursuant to OAR 333-061-0057, regarding the extent, orientation, and boundary of a wellhead protection area, considering such factors as geology, aquifer characteristics, well pumping rates, and time of travel. OAR 660-023- 0140(6)(a). Under Oregon's Drinking Water Protection Program, the Department of Human Services Public Health Division (PHD) (formerly Oregon Health Division (OHD)) has responsibility for certifying groundwater-derived wellhead protection areas in Attachment 1 to LCPC Staff Report Attachment 2, Page 7 of 38 Page 7 of 14 the State. The delineations of the wellhead protection area for all of Springfield's wells were conducted in accordance with state requirements and certified by OHD in April 1997. The delineations were recertified by OHD in March 1999 in Certification #0002R, Exhibit #4, and by PHD in July 2008 in Certification #0002R version 2, Exhibit #3. B. Delineation Projects In 1992, the Environmental Protection Agency (EPA), State of Oregon, and SUB funded a pilot delineation project to help the state develop delineation methodology for the statewide Drinking Water Protection Program. This project delineated the SUB/Rainbow Weyerhaeuser Wellfield using the two-dimensional computer model KOWPATH as a demonstration project. In April 1995, Golder Associates performed delineations for the SP/MAIA, Thurston/Platt, Willamette, 1-5, and Q Street wellfields. This project refined the groundwater flow conceptual model for the area. The study applied the U.S. Geological Survey (USGS) MODFLOW and MODPATH groundwater modeling and particle tracking programs to develop maps showing the 1-, 5-, l0-, and 20-year TOT. A vulnerability assessment and source inventory for the Rainbow wellfields was also performed. In July 1996, EGR & Associates, Inc. applied the MODFLOW and MODPATH programs to the Rainbow Chase Wellfield to develop 1-, 5-, 10-, and 20-year TOT and Zone of Contribution (ZOC) data for mapping. In October 1996, Golder Associates added the new SUB Sports Way well to the model and revised the delineations for the I-5/Sports Way wells. In June 1997, the University of Oregon InfoGraphics Department combined all delineations, land uses, and an updated contaminant source inventory into one shaded relief map. In December 1998, delineations for future wells and existing wells were completed using the MODFLOW and MODPATH models by Western Groundwater Services. In March of 2007, the Springfield Utility Board (SUB) and the City began the recertification process for Springfield's Drinking Water Protection Plan (Plan) at the request of the Oregon Department of Environmental Quality (DEQ). As part of the re-certification process, SUB was required to provide information on "any conditions that could potentially modify the boundaries of the wellhead protection area." SUB determined those conditions existed in the Willamette Wellfield due to the development of a perimeter drain well with a production capacity of 1200 gallons per minute as a component of constructing the Willamette Slow Sand Filtration Plant in 2002. Hydrologic data showed that the added pumping capacity in the Willamette Wellfield created a significant change in the time of travel zone delineation internal to that specific wellfield. This change Attachment 1 to LCPC Staff Report Attachment 2, Page 8 of 38 Page 8 of 14 precipitated the need to update the Willamette Wellfield time of travel zones as part of state re-certification of the Plan. C. Delineation Process The following activities were performed to complete the delineations: Development of a hydrogeological conceptual model for the aquifer area relevant to the wellfields; Construction of a three-dimensional numerical groundwater flow model; Evaluations of groundwater travel times and pathlines for each wellfield; and Preparation of maps showing the 1-, 5-, 10-, and 20-year time of travel drinking water protection areas and the total zone of contribution (ZOC) for each wellfield. A more comprehensive description of the delineation methodology prepared by Mark Cunnane, PE PG of Western Groundwater Services is attached as Exhibit #5. OAR 660-023-0140 (5) A wellhead protection area is a significant groundwater resource only if the area has been so delineated and either: (a) The public water system served by the wellhead area has a service population greater than 10,000 or has more than 3,000 service connections and relies on groundwater from the wellhead area as the primary or secondary source of drinking water; or (b) The wellhead protection area is determined to be significant under criteria established by a local government, for the portion of the wellhead protection area within the jurisdiction of the local government. The Springfield Utility Board (SUB) and Rainbow Water District operate 35 wells to produce water from extensive aquifers located beneath the Springfield area and serve approximately 64,000 people. Those portions of the aquifers that actually yield water to the community's wells have been identified or delineated. The delineations of the wellhead protection area for all of Springfield's wells were conducted in accordance with state requirements and certified by Oregon Health Division (OHD) in April 1997. The delineations were recertified by OHD in March 1999 in Certification #0002R, Exhibit #4, and by Public Health Division (PHD) in July 2008 in Certification #0002R version 2, Exhibit #3. OAR 660-023-0140 (6) Local governments shall develop programs to resolve conflicts with wellhead protection areas described under section (5) of this rule. In order to resolve conflicts with wellhead protection areas, local governments shall adopt comprehensive plan provisions and land use regulations, consistent with all applicable statewide goals, that: (a) Reduce the risk of contamination of groundwater, following the standards and requirements of OAR chapter 340, division 40; and Attachment 1 to LCPC Staff Report Attachment 2, Page 9 of 38 Page 9 of 14 (b) Implement wellhead protection plans certified by the Oregon Department of Environmental Quality (DEQ) under OAR 340-040-0180. The proposed RCP Goal 5 Water Resources Policy 6 directs the development of a wellhead protection plan to protect the resource in accordance with OAR 340- 040-0180 as required by this provision: “The significant groundwater resource inventory for Lane County shall consist of those wellhead protection areas meeting the requirements of OAR 660-023-0140(5)(a) that have been delineated and certified by the Oregon Public Health Division. The certified wellhead protection areas shall be adopted into the Goal 5 inventory by Board Ordinance. The adopted area boundaries shall form the basis for development of wellhead protection plans in accordance with OAR 340-040-0180.” The proposed RCP Goal 5 Water Resources Policy #3 for lands removed from the Eugene-Springfield Metropolitan Area General Plan by Ordinance No. PA 1290 in June of 2013 identifies the process for review of certain applications: “Review of any Post Acknowledgement Plan Amendment (PAPA) applications for lands located within the Springfield Wellhead Protection Area sensitive time of travel zones depicted on Exhibit B of Ordinance No. PA 1290 shall utilize the decision- making authority and process contained within the Intergovernmental Agreement between the City of Springfield and Lane County effective June 4, 2013 (Lane County Contract #50609).” The purpose of the policy is to clearly identify the applicable procedures and policies for application submittals within the Wellhead Protection Area. 5. STATEWIDE PLANNING GOALS As directed by ORS 197.175(2)(a), comprehensive plan amendments must comply with the Statewide Planning Goals. Goal 1: Citizen Involvement To provide for widespread citizen involvement. This goal requires that citizens and affected public agencies be provided an opportunity to comment on the proposed plan amendment. As part of the application review process, public notification in the form of a mailed notice is sent by Lane County to affected public agencies, including local service providers, and the Department of Land Conservation and Development (DLCD). All owners of record of the properties within the identified wellhead protection area east of I- 5 and outside of the Urban Growth Boundary are also notified. Public notice of the Planning Commission and Board of Commissioners hearings are published in the Register-Guard and Springfield News, general circulation newspapers of the Eugene-Springfield area. Goal 2: Planning Attachment 1 to LCPC Staff Report Attachment 2, Page 10 of 38 Page 10 of 14 To establish a land use planning process and policy framework as a basis for all decision and actions related to use of land and to assure an adequate factual base for such decisions and actions. This goal requires governmental units to adopt land use plans and implementation ordinances after public hearing. Lane County has conformed to the Goal through adoption of the Rural Comprehensive Plan (RCP) and the implementing ordinances found in Lane Code Chapter 16. The proposed amendment to the Goal 5 Water Resources Policies establishes the policy framework for identification and protection of significant groundwater resources in the Rural Comprehensive Plan. The County is required to provide for review and comment by citizens and affected governmental units during any revision of the plan and implementing ordinances. Lane County’s Lane Code Chapter 14 specifies certain criteria that must be met to justify an amendment to the comprehensive plan. The criteria are addressed in this application; therefore, the application is consistent with Goal 2. Goal 3: Agricultural Lands To preserve and maintain agricultural lands. This goal recognizes the importance of maintaining agricultural lands as those are defined under the goal. In western Oregon, agricultural land consists of predominantly Class I through IV soils identified by the Natural Resources Conservation Service and other lands which are suitable for farm use taking into consideration soil fertility, suitability for grazing, climatic conditions, existing and future availability of water for farm and irrigation purposes, existing land use patterns, technological and energy input required, for accepted farm practices. Agricultural lands shall be preserved and maintained for farm use, consistent with existing and future needs for agricultural products, forest and open space and with the state's agricultural land use policy expressed in ORS 215.243 and 215.700. The identification of the Springfield Wellhead Protection Area as a significant Goal 5 Groundwater Resource does not restrict the allowable farm uses on identified agricultural lands within the delineated area. Development of any future wellhead protection Plan that directly regulates farming practices for the purpose of protecting water quality on agricultural lands is required to be developed and implemented by the Oregon Department of Agriculture in accordance with Oregon Department of Agriculture authorities [OAR 340-040- 0170(1)(d)(C)]. In this manner, the protection of significant groundwater resources within agricultural lands remains consistent with Goal 3. Goal 4: Forest Lands To conserve forest lands by maintaining the forest land base and to protect the state’s forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use on forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. Attachment 1 to LCPC Staff Report Attachment 2, Page 11 of 38 Page 11 of 14 The identification of the Springfield Wellhead Protection Area as a significant Goal 5 Groundwater Resource does not restrict the allowable forest uses on identified forest lands within the delineated area. The authority and regulation of Forest practices by the Department of Forestry is not affected by the designation of the Springfield Wellhead Protection Area as a significant groundwater resource. In this manner, the protection of significant groundwater resources within forest lands is consistent with Goal 4. Goal 5: Natural Resources, Scenic and Historic Areas, and Open Spaces To protect natural resources and conserve scenic and historic areas open spaces. The administrative rules found at OAR 660-023-0140(2) requires local governments to amend acknowledged plans prior to or at each periodic review in order to inventory and protect significant groundwater resources under Goal 5. The Springfield Wellhead Protection Area has been delineated in accordance with the standards and procedures of OAR 333-061-0057 (Oregon Health Division) rules. The identified wellhead protection area is a significant groundwater resource as established in OAR 660-023-0140(5)(a) because the public water systems operated by the Springfield Utility Board and Rainbow Water District have a service population of approximately 64,000 people. The proposed revisions to the RCP are in conformance with Goal 5. Goal 6: Air, Water and Land Resources Quality To maintain and improve the quality of the air, water and land resources of the state. The inclusion of the Springfield Wellhead Protection Area on the RCP significant Goal 5 Groundwater Resource inventory is the first step to protection of the groundwater resource. This area surrounds the public water systems of the Springfield Utility Board and the Rainbow Water District which are the primary source of drinking water for the City of Springfield. The adoption of this area provides the basis for future development of a wellhead protection plan to protect the significant resource in accordance with OAR 340-040-0170. These measures taken to maintain the quality of the water are consistent with Goal 6. Goal 7: Areas Subject to Natural Disasters and Hazards To protect life and property from Natural Disasters and Hazards. Under this goal, natural hazards are identified as floods (coastal and riverine), landslides, earthquakes and related hazards, tsunamis, coastal erosion, and wildfires. The inclusion of the Springfield Wellhead Protection Area on the RCP significant Goal 5 Groundwater Resource inventory forms the basis for future development of a wellhead protection plan to protect the significant resource in accordance with OAR 340-040-0170. Any development of a drinking water protection plan in the future will include consideration of potential contamination Attachment 1 to LCPC Staff Report Attachment 2, Page 12 of 38 Page 12 of 14 of the resource from natural disasters and hazards consistent with Goal 7 requirements. Goal 8: Recreational Needs To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including Destination Resorts. The identification of the Springfield Wellhead Protection Area as a significant Goal 5 Groundwater Resource does not restrict recreational activities on any lands zoned for Park and Recreation. Therefore, the proposal is consistent with Goal 8 requirements. Goal 9: Economic Development To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon’s citizens. The goal contemplates that comprehensive plans and policies will contribute to a stable and healthy economy in the state. The goal primarily addresses commercial and industrial development within urban areas. To the extent that the inclusion of the Springfield Wellhead Protection Area on the RCP significant Goal 5 Groundwater Resource inventory provides the basis for future development of a wellhead protection plan to protect the primary source of drinking water for the City of Springfield, the proposal is consistent with Goal 9. Goal 10: Housing To provide for the housing needs of the citizens of the state. The goal contemplates that comprehensive plans and policies will maintain an adequate supply of housing within urban areas. To the extent that the inclusion of the Springfield Wellhead Protection Area on the RCP significant Goal 5 Groundwater Resource inventory provides the basis for future development of a wellhead protection plan to protect the primary source of drinking water for the residents of the City of Springfield, the proposal is consistent with Goal 10. Goal 11: Public Facilities and Services To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. The inclusion of the Springfield Wellhead Protection Area on the RCP significant Goal 5 Groundwater Resource inventory provides the basis for future development of a wellhead protection plan to protect the primary source of drinking water provided to the residents of the City of Springfield by the Attachment 1 to LCPC Staff Report Attachment 2, Page 13 of 38 Page 13 of 14 Springfield Utility Board and the Rainbow Water District. The proposal is consistent with Goal 11. Goal 12: Transportation To provide and encourage a safe, convenient and economic transportation system. The inclusion of the Springfield Wellhead Protection Area on the RCP significant Goal 5 Groundwater Resource inventory does not affect any transportation elements. The proposal is consistent with Goal 12. Goal 13: Energy Conservation To conserve energy. This goal contemplates that land and uses developed on the land shall be managed and controlled so as to maximize the conservation of all forms of energy, based upon sound economic principles. To the extent that the inclusion of the Springfield Wellhead Protection Area on the RCP significant Goal 5 Groundwater Resource inventory provides the basis for future development of a wellhead protection plan which can minimize the need for additional energy intensive water treatment facilities, the proposal is consistent with Goal 13. Goal 14: Urbanization To provide for an orderly and efficient transition from rural to urban use. The properties within the proposed wellhead protection area are not within an urban growth boundary and are not urbanizable; therefore, this goal does not have relevance to this application. The portions of the Springfield wellhead protection area within the urban growth boundary of Springfield are already protected by the Springfield Drinking Water Protection Plan adopted by the Board of Commissioners in Ordinance No. PA 1206 in 2004. Goal 15 Willamette Greenway To protect, conserve, enhance and maintain the natural, scenic, historical, agricultural, economic and recreational qualities of lands along the Willamette River as the Willamette River Greenway. The identified wellhead protection area for the Willamette wellfield encompass areas within and adjacent to the Middle Fork Willamette River. The protection of water resources to maintain water quality near the Willamette River within the Willamette Greenway boundaries is consistent with Goal 15. Goal 16: Estuarine Resources Goal 17: Coastal Shorelands Attachment 1 to LCPC Staff Report Attachment 2, Page 14 of 38 Page 14 of 14 Goal 18: Beaches and Dunes Goal 19: Ocean Resources. These four goals are geographically oriented to coastal resources, therefore, are not applicable to groundwater resources within the Willamette Valley. IV. SUMMARY A wellhead protection area for the wells that supply drinking water for 64,000 Springfield residents has been delineated and certified in accordance with the Oregon Health Division requirements that implement the Federal Safe Drinking Water Act of 1986. Statewide Planning Goal 5 requires the inventory of groundwater resources in Lane County. The applicant respectfully requests that the delineated and certified Springfield wellhead protection area be adopted as the significant groundwater resource inventory for Lane County. V. EXHIBITS 1. Map of Springfield Wellhead Protection Area 2. Significant Groundwater Resources Inventory Map 3. Dept. of Human Services Drinking Water Program Delineation Certification # 0002R version 2 Dept. Of / Public Health Division July 25, 2008 4. Oregon Health Division Delineation Certification # 0002R March 18, 1999 5. Wellhead Protection Area Delineation Methodology 6. Letter from Rainbow Water District 7. List of properties within Wellhead Protection Area outside of Springfield UGB, east of I-5 8. Exhibit “B” to Ordinance No. PA 1290 9. List of properties within Wellhead Protection Area outside of Springfield UGB, east of I-5, formerly within Metro Plan Boundary 10. Proposed RCP Goal 5 Water Resources Policies in legislative format 11. Maps of individual wellhead time of travel zones A. I-5 & Sports Way Wellfield Area B. Mid-Springfield Wellfield Area Detail C. Thurston Wellfield Area Detail D. Willamette Wellfield Area Detail Attachment 1 to LCPC Staff Report Attachment 2, Page 15 of 38 Attachment 1 to LCPC Staff ReportAttachment 2, Page 16 of 38 Attachment 1 to LCPC Staff ReportAttachment 2, Page 17 of 38 Attachment 1 to LCPC Staff ReportAttachment 2, Page 18 of 38 Attachment 1 to LCPC Staff ReportAttachment 2, Page 19 of 38 Attachment 1 to LCPC Staff ReportAttachment 2, Page 20 of 38 Attachment 1 to LCPC Staff ReportAttachment 2, Page 21 of 38 Attachment 1 to LCPC Staff ReportAttachment 2, Page 22 of 38 Attachment 1 to LCPC Staff ReportAttachment 2, Page 23 of 38 Attachment 1 to LCPC Staff ReportAttachment 2, Page 24 of 38 Attachment 1 to LCPC Staff ReportAttachment 2, Page 25 of 38 Attachment 1 to LCPC Staff ReportAttachment 2, Page 26 of 38 Attachment 1 to LCPC Staff ReportAttachment 2, Page 27 of 38 Attachment 1 to LCPC Staff ReportAttachment 2, Page 28 of 38 Attachment 1 to LCPC Staff ReportAttachment 2, Page 29 of 38 Attachment 1 to LCPC Staff ReportAttachment 2, Page 30 of 38 Attachment 1 to LCPC Staff ReportAttachment 2, Page 31 of 38 Attachment 1 to LCPC Staff ReportAttachment 2, Page 32 of 38 Attachment 1 to LCPC Staff ReportAttachment 2, Page 33 of 38 Attachment 1 to LCPC Staff ReportAttachment 2, Page 34 of 38 Attachment 1 to LCPC Staff ReportAttachment 2, Page 35 of 38 Attachment 1 to LCPC Staff ReportAttachment 2, Page 36 of 38 Attachment 1 to LCPC Staff ReportAttachment 2, Page 37 of 38 Attachment 1 to LCPC Staff ReportAttachment 2, Page 38 of 38 Attachment 2 to LCPC Staff ReportAttachment 3, Page 1 of 11 Attachment 2 to LCPC Staff ReportAttachment 3, Page 2 of 11 Attachment 2 to LCPC Staff ReportAttachment 3, Page 3 of 11 Attachment 2 to LCPC Staff ReportAttachment 3, Page 4 of 11 Attachment 2 to LCPC Staff ReportAttachment 3, Page 5 of 11 Attachment 2 to LCPC Staff ReportAttachment 3, Page 6 of 11 Attachment 2 to LCPC Staff ReportAttachment 3, Page 7 of 11 Attachment 2 to LCPC Staff ReportAttachment 3, Page 8 of 11 Attachment 2 to LCPC Staff ReportAttachment 3, Page 9 of 11 Attachment 2 to LCPC Staff ReportAttachment 3, Page 10 of 11 Attachment 2 to LCPC Staff ReportAttachment 3, Page 11 of 11 Ordinance No. PA 1307 Page 1 of 2 IN THE BOARD OF COUNTY COMMISSIONERS, LANE COUNTY, OREGON Ordinance No. PA 1307 IN THE MATTER OF AMENDING THE LANE COUNTY RURAL COMPREHENSIVE (RCP) TO REVISE THE GOAL 5 GROUNDWATER RESOURCES POLICIES AND ADD THE SPRINGFIELD WELLHEAD PROTECTION AREA TO THE GOAL 5 INVENTORY OF SIGNIFICANT GROUNDWATER RESOURCES AND ADOPTING A SAVINGS AND SEVERABILITY CAUSE. (Dept. File No.: PA13-05273) WHEREAS, the City of Springfield relies almost entirely on groundwater aquifers for its municipal water supply that serves approximately 64,000 residents, qualifying these aquifers as a significant resource under Statewide Planning Goal 5 (OAR 660-023-0140(5); and WHEREAS, a substantial portion of the City’s groundwater resource is located outside of the Springfield Urban Growth Boundary and within the jurisdictional coverage area of the Lane County Rural Comprehensive Plan (RCP); and WHEREAS, Lane County and the City of Springfield entered into an Intergovernmental Agreement on June 4, 2013 (reference Lane County Order No.13-06-04-12), which stipulated that Lane County would prioritize the processing of an RCP amendment application to add the Springfield wellhead protection areas to the County’s Goal 5 Inventory of Significant Groundwater Resources; and WHEREAS, the City of Springfield and the Springfield Utility Board jointly filed an application to amend the County’s Goal 5 Inventory and related RCP policies; and WHEREAS, Lane Code Chapter 16.400 sets forth procedures for the amendment of the Rural Comprehensive Plan; and WHEREAS, Lane County File No. PA 13-05273 contains satisfactory findings addressing the requirements of Lane Code; and WHEREAS, on November 4, 2013, the Lane County and Springfield Planning Commissions held a work session and joint public hearing on the proposed RCP amendments and the Lane County Planning Commission voted to recommend adoption of Ordinance No. PA 1307 to the Lane County Board of Commissioner; and WHEREAS, on January 14, 2014, the Lane County Board of Commissioners and the Springfield City Council held a joint public hearing on the proposed RCP amendments and the Board of Commissioners is now ready to take action. NOW, THEREFORE, the Board of County Commissioners of Lane County Ordains as follows: SECTION 1: The Lane County Rural Comprehensive Plan Goal 5 Inventory of Significant Groundwater Resources is hereby updated to include those Time of Travel (TOT) zones delineated outside of the Springfield Urban Growth Boundary on Exhibit A of this Ordinance. SECTION 2: The Lane County Rural Comprehensive Plan Goal 5 Policies are hereby amended as shown in Exhibit B of this Ordinance. SECTION 3: The prior policies and plan designations repealed or changed by this Ordinance remain in full force and effect to authorize prosecution of persons in violation thereof prior to the effective date of this Ordinance. Attachment 4, Page 1 of 2 Ordinance No. PA 1307 Page 2 of 2 SECTION 4: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that section constitutes a separate, distinct and independent provision, and does not affect the validity of the remaining portions hereof. FURTHER, although not part of this Ordinance, the Board of County Commissioners adopts findings and conclusions in support of this action as set forth in Attachment 1 of County File No. PA 13-05273 and incorporated here by this reference. ENACTED this ____ day of____________________ , 2014. __________________________________________ _________________, Chair Lane County Board of Commissioners ___________________________________________ Recording Secretary for this Meeting of the Board APPROVED AS TO FORM Date Lane County OFFICE OF LEGAL COUNSEL Attachment 4, Page 2 of 2 Exhibit AAttachment 5, Page 1 of 1 Attachment 1 to LCPC Staff ReportAttachment 6, Page 1 of 2 Attachment 1 to LCPC Staff ReportAttachment 6, Page 2 of 2