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Hearings Officer Packet - 03/13/2000CITY OF TIGARD Community (DeveCopment S6iaping A Better Community C TY OF TIGARD HEARINGS OFFICER MARCH 13, 2000 - 7:00 PM AGENDA I . CALL TO ORDER 2. PUBLIC HEARING 2.1 SUMMER CREEK WETLAND ENHANCEMENT PROJECT SENSITIVE LANDS REVIEW (SLR) 1999-00012 PROPOSAL: The Summer Creek Wetland Enhancement plan is the proposed implementation of the required off-site mitigation for the Murray Scholls Town Center at SW Scholls Ferry Road and SW Murray Boulevard whit involved the disturbance of 9200 sggare feet of wetlands. The City Council approved Gramor Oregon's request for off-site mitigation at this site on July 28, 1998. The off-site enhancement involves the re-vegetation of .93 acres with native riparian andwetlands species and is located immediately upstream from the City's enhancement project along Summer Creek at SW 121st. The plan also includes some minor grading to introduce diversity in The topographic and hydrologic conditions on the site. The grading would create shallow off-channel depressions that would flood in the winter and retain some water In the growing season. LOCATION: The subject site is located between SW 121st Avenue and SW 130th Avenue north of the Capstone Subdivision and Ma Woodward Elementary School, and west of Summer Hills Park Subdivision. WCiM I S 134CB, Tax Lot 3 01 (.88 acres) and WC TM I S 133DA, Tax Lot 1200 (.05 acres). COMPREHENSIVE PLAN DESIGNATION: Low Density Residential District with W-R; Water Resource Overlay District. The W-R overlay, district applies to all significant wetlands and streams, and applicable riparian setback and water quality buffer areas that appear on the Tigard Wetlands and Stream Corridors Map. ZONING DESIGNATION: R-4.5; Sin le-Famiry Residential (7300 Square Feet) or (5,000 Square Feet Per Unit). The purpose of the R-4..V zoning district is to establish standard urban low density residential home sites with PD; Planned Development Overly. . The purposes of the PD Overlay zone are to provide a means for creating planned environments through the application of flexible standards which allow for the application of new techniques and new technology in community development which will result in a superior living arran ement; to facilitate the efficient use of land; and to preserve to the greatest extent possible, the existing landscape features and amenities through the use of a planning procedure that can relate the tyy a and design of a development to a particular site among other purposes. APPLICABLE REVIEW CRI-ERIA: Community Development Code Chapters 18196, 1 f1510, 19.743, 18.115 and 18.797. 3. OTHER BUSINESS 4. ADJOURNMENT CITY OF TIGARD HEARING's OFFICER PAGE 2 OF 2 3/13/2000 PUBLIC HEARING AGENDA a 0 AGENDA ITEM NO. AGENDA ITEM NO. 2.1 •(PAGEOF ) &TE: .MARCH 13. 2000 PLEASE PRINT YOUR NAME AND ADDRESS AND INCLUDE YOUR ZIP CODE Proponent - (Speaking in Favor) Name, Address, Zip Code and Phone No.(S )"CID, Name, Address, Zip Code and Phone No. Opponent - (Speaking Against) Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. F Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. F Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. AGENDA ITEM NO. 2.1 0 (PAGEOF &TE:___MARCH 13. 2000 ICI PLEASE PRINT YOUR NAME AND ADDRESS AND INCLUDE YOUR ZIP CODE Proponent - (Speaking in Favor) Name, Address, Zip Code and Phone No. &K01 Q`7 0 Iii N, Address, Zip Code and Phone No. 04V Utf Ali z f 4~fce 4~ ~ /2' c_ 11.&94 o14 ref/ &/4 90el;,d Na e, Address, Zip Code and Phone No. z z ~vv U~-~(~~Or ~-n`~ a7zz3 NarryQ, Ad s~Zip,CorV ra' kNo y 5 (L °t 7~D~v Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Opponent - (Speaking Against) Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. F Name, Address, Zip Code and Phone No. F Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. F Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. COMMUNITY NEWSPAPERS, INC. P.O. BOX 370 PHONE (503) 684-0360 BEAVERTON, OREGON 97075 Legal Notice Advertising ® City of Tigard/Planning ° ❑ Tearsheet Notice ® 13125 SW Fall Blvd. ® ❑ Duplicate Affidavit Tigard,Or_egon 97223 0Accounts Payable o AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, )ss. I Kathv Snvaer being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of theTi ki--,-1 -Tua!atiz~ 'dames a newspaper of general circulation as defined in ORS 193.010 and 193.020; published of Tigard in the ator said county and state; that the Summer reek Pudic Hearina/SLR 1999-000012~vketland a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for t)NF successive and consecutive in the following issues: February 24,2000 Le%p TT 9581 MoQ914% Subscribed and sworn to me this dth rlaof FohYuary OFFICIAL SEAL R0I$114 A, BuRe EN ti;;ftbl~ic for Oregon NOTARY PUBLIC-OREGON COMMISSION NO. 062071 My Commission (Expires: ~ ICY COMMISSION EXPIRES MAY 16. 2001 AFFMAVIT 0 The following will be considered by the City of Tigard Hearings rncc[ on Monday, March 13, 2000, at 7 P.M., at Tigard Civic Center - Town Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Both public, oral and written testimony are invited. The public hearing on this matter will be conducted in accordance with Chapter 18.390 of the Tigard Municipal Code, and rules and procedures of the Hearings Officer. Failure to raise an issue in person or by letter at some point prior to the close of the hearing, accompanied by statements or evidence sufficient to allow the hearings authority and all parties to respond on the request, precludes an appeal, and failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal to the Land Use Board of Appeals based on that criterion. Further information may be obtained from the Planning Division at 13125 SW Hall Boulevard, Tigard, Oregon 97223, or by calling 639-4171. HEARING ITEM: SENSITIVE LANDS REVIEW [SLR] 1999-000012 > SUMMER CREEK WETLAND ENHANCEMENT PROJECT < The Summer Creek Wetland Enhancement plan is the proposed implementation of the required off-site mitigation for the Murray Scholls Town Center at SW Scholls Ferry Road and SW Murray Boulevard which involved the disturbance of 9200 square feet of wetlands. The City Council approved Gramor Oregon's request for off-site mitigation at this site on July 28, 1998. The off-site enhancement involves the re-vegetation of .93 acres with native riparian and wetlands species and is located immediately upstream from the City's enhancement project along Summer Creek at SW 121st Avenue. The plan also includes some minor grading to introduce diversity in the topographic and hydrologic conditions on the site. The grading would create shallow off-channel depressions that would flood in the winter and retain some water in the growing season. LOCATION: The subject site is located between SW 121st Avenue and SW 130th Avenue, north of the Capstone Subdivision and Mary Woodward Elementary School, and west of Summer Hills Park subdivision. WCTM 1S134CB, Tax Lot 3801 (.88 acres) and WCTM IS133DA, Tax Lot 7200 (.05 acres). COMPREHENSIVE PLAN DESIGNATION: Low Density Residential District, W-R; Water Resource Overlay District. The W-R overlay district applies to all significant wetlands and streams, and applicable riparian setback and water quality buffer areas that appear on the Tigard Wetlands and Stream Corridors Map. ZONE: R-4.5; Single-Family Residential (7,500 Square Feet) or (5,000 Square Feet Per Unit). PD; Planned Development. The purposes of the PD Overlay zone are to provide a means for creating planned environments through the application of flexible standards. APPLICABLE REVIEW CRITERIA: Community Development Code -A Chapters 18.390, 18.510, 18.745, 18.775 and 18.797. • L T - T, i. -TI T I ; 1 _ .tom c ,na?S:aEin 3, ~ LCQH FSSE U~r _ TT9581 - Publish February 24. 2000, CITY OF TIGARD HEARING'S OFFICER MARCH 13, 2000 - 7:00 PM TOWN HALL TIGARD CITY HALL, 13125 SW HALL BOULEVARD TIGARD.9 OR 97223 L L L Anyone wishing to speak on an agenda item must sign-in on the appropriate sign-in sheets. u/n/n"'~^~^•"o/ururUrnro/vrll~^~^~"•%O/U/nrU/O/C1/d/Urn/r7/nid/ninin/d/din/O/dini~/O/n/L,u,..,.~..7rn/O/n/d/U/d/O/0i u,....~.../ui0/u/[7/Llrui .u~..,u,a:~Cril••^~~••^°^^'^~ PUBLIC NOTICE: Assistive Listening Devices are available for persons with impaired- hearing and should be scheduled for Hearings Officer meetings by noon on the Monday prior to the meeting. Please call (503) 639-4171, Ext. 320 (voice) or (503) 684-2772 (TDD Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: Qualified sign language interpreters for persons with speech or hearing impairments; and ➢ Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of Tigard of your need(s) by 5:00 p.m. on the Wednesday preceding the meeting date at the same phone numbers as listed above if you are requesting such services. (OVER FOR HEARING AGENDA ITEM(S) CITY OF TIGARD HEARING'S OFFICER PAGE I OF 2 311312000 PUBLIC HEAPING AGENDA • • BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application for sensitive lands review for ) FINAL ORDER approval of wetlands enhancement to Summer Creek in ) the City of Tigard, Oregon as mitigation for development ) SLR 1999-00012 of the Murray Scholls Town Center in Beaverton, Oregon ) (Gramor Oregon, Inc.) A. SUMMARY 1. Gramor Oregon, Inc., (the "Applicant") requests sensitive lands review approval for wetlands enhancement as mitigation for impacts to wetlands at the Murray Scholls Town Center site in the City of Beaverton. The Tigard City Council authorized this off-site mitigation in concept by decision dated July 28, 1998. The purpose of SLR 1999- 00012 is to review the details of the proposed mitigation for compliance with the relevant provisions of the Tigard Community Development Code ("CDC"), particularly CDC 18.700, 18.775 and 18.797. 2. The wetlands mitigation site is adjacent to Summer Lake Park, south of Summer Crest Drive, and north of Winter Lake Drive. The legal description of the site is Tax lot 3801 in Section 34CB and Tax lot 7200 in Section 33DA, both of which are in Township 1 South, Range 1 West, WM, Washington County, Oregon. 3. The site contains 0.93 acres. The Applicant will remove the existing mat of Reed Canarygrass from and re-vegetate the entire site with native riparian and wetland species. The Applicant also will undertake grading to introduce diversity in the topographic and hydrologic conditions on the site. The grading would create shallow off-channel depressions that would flood in winter and retain moisture into the early growing season. The Applicant will plant these depressions with emergent wetland vegetation to withstand saturated conditions. The Applicant will plant the creek and depressions on the site with riparian shrubs to shade the creek. The Applicant will re-vegetate the existing forest edge along the southwest side of the site with forested wetland plantings. The remainder of the site will be planted with lower shrubs. 4. A duly noticed public hearing was held on March 13, 2000 to review the application. City staff recommended approval. The Applicant accepted the staff recommendations with two relatively minor revisions to conditions of approval. Other than the City staff and Applicant, only one person testified orally or in writing. The record closed at the end of the hearing. The hearings officer approves the Sensitive Lands Review application as provided herein. B. FINDINGS ABOUT SITE. SURROUNDINGS AND PUBLIC FACILITIES The hearings officer incorporates by reference the findings about the site and surroundings in the City of Tigard Staff Report dated February 28, 2000 (the "Staff Report"), and the staff and agency comments in Sections VIII and IX of the Staff Report. C. APPLICABLE APPROVAL STANDARD.q The hearings officer incorporates by reference the approval standards cited in Section VII of the Staff Report. Hearings Wicer Final Order SLR 1999-00012 (Gramor Oregon, Inc.) page 1 i 0 D. HEARING AND RECORD 1. Hearings Officer Lary Epstein (the "hearings officer") received testimony at the public hearing about this application on March 13, 2000. The record closed at the conclusion of the hearing. The testimony is included herein as Exhibit A (Parties of Record), Exhibit B (Taped Proceedings), and Exhibit C (Written Testimony). These exhibits are filed at the Tigard City HaU. a. At the hearing, the hearings officer received and physically inspected the file maintained by the City regarding this application, including comments received after the Staff Report was issued. The record includes all materials in the file prior to the hearing, testimony and evidence entered into the record at the hearing, the list of witnesses at the hearing and the tape of hearing proceedings. The record is filed at City Hall. b. The hearings officer announced at the beginning of the hearing the rights of persons with an interest in the matter, including the right to request that the hearings officer continue the hearing or hold open the public record, the duty of those persons to testify and to raise all issues to preserve appeal rights, the manner in which the hearing will be conducted, and the applicable approval standards. The hearings officer disclaimed any ex parte contacts, bias or conflicts of interest. The following is a summary by the hearings officer of selected relevant testimony at the hearing. 2. City planner Karen Fox summarized the Staff Report and the applicable approval criteria. She showed a transparency of the site and surrounding area. She explained the context of the proposal as mitigation for development of the Murray Scholls Town Center. She summarized proposed mitigation measures and recommended conditions of approval. 3. Matt Grady testified on behalf of the Applicant. Mr. Grady explained the value of the proposed mitigation measures; removing Reed Canarygrass and replacing it will native species will enhance the value of the site for wildlife. The Applicant proposes five zones of vegetation and 14 different plant types to introduce greater diversity into the habitat on the site. The Applicant will monitor and maintain the mitigation site for ten years to ensure its success. The Applicant will post a bond to ensure performance. Mr. Grady showed an aerial photograph of the site and discussed the pond that formed seasonally south of the site; that pond disappeared after obstructions in the creek were removed, and the proposed mitigation will not re-create the pond. In fact, the backwater and positive flow concepts in the mitigation plan should reduce the potential for such flooding in the future. He described the genesis of the concept of mitigating wetland impacts on this site. He proposed changes in two conditions of approval and introduced a memo describing those changes. Other than those changes, he accepted the Staff Report and recommended conditions therein. He waived the applicant's right to have the record held open for seven days after the hearing. 4. Greg Kurahashi also testified on behalf of the Applicant. He explained that the mitigation project will not change the amount of water in the creek. It will maintain the area in a saturated condition using ground and surface water. Water could be stored in the backwater channels that the Applicant will create, but only in a very small amount. 5. Leslie Couch, a resident of land south of the site, asked whether the project could affect the properties to the south, including hers. Mr. Grady and Mr. Kurahashi responded to her question. In short, no impact is expected south of the site. Hearings WicerFbW Order SLR 1999-00012 (Gramor Oregon, Inc.) page 2 • • 6. Based on comments received from the Oregon Department of Fish and Wildlife ("ODFW"), Ms. Fox expressed concern about the planned elevations of backwater channels the Applicant will develop. She recommended the Applicant be required to verify those elevations and grading plans with ODFW to make sure they are correct. 7. Mr. Kurahashi responded to the concerns expressed by ODFW and Ms. Fox. He explained that the entrances to the backwater channel are deeper to reflect that the channel is likely to he incised by low flow conditions. He indicated the Applicant intends to adjust the channel bottom as needed to achieve a positive flow of water in practice; the Applicant does not intent to store water in the backwater channels. The plans he prepared show the lowest possible elevation for the channel bottom to anticipate a worst case condition. That is, it is harder to get approval from relevant agencies to deepen the channel than to raise it, so he showed the channel at the lowest conceivable elevation. E. M9C`_USSION City staff recommended approval of the sensitive lands review based on the findings in Section VII of the Staff Report and subject to the conditions of approval in Section II of the Staff Report. No one disputed those findings. The Applicant proposed two minor changes in the recommended conditions of approval, and City staff supported those changes, which the hearings officer agrees are appropriate. No one opposed the application. The hearings officer concludes the findings in Section VII of the Staff Report accurately reflect the law and the facts. The hearings officer adopts and incorporates those findings as his own. F. CONCLUSION Based on the findings adopted and incorporated herein, the hearings officer concludes that the proposed sensitive lands review complies with the applicable criteria and standards of the Community Development Code, provided development that occurs after this decision complies with the recommended conditions of approval with two minor changes proposed by the applicant and applicable local, state, and federal laws. G. DECISION In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and other reports of affected public agencies and testimony and exhibits received in this matter, the hearings officer hereby approves SLR 1999-00012 (Gramor Oregon, Inc.), subject to the conditions of approval in Section II of the Staff Report with the following amendments: 1. Condition of approval 1 is hereby amended to read as follows: 1. The applicant shall revise its planting plan (revised 3/10/99) to use mid and tall shrub species appropriate for wetlands in the areas designated for low scrub/shrub community in accordance with the final approval of the Oregon Division of State Lands after soliciting and considering recommendations from the Oregon Department of Fish and Wildlife. Hearings Dicer Final Order SLR 1999-00012 (Gramor Oregon, Inc.) Page 3 0 0 2. Condition of approval 3 is hereby amended to read as follows: 3. Prior to commencement of any site work the applicant shall provide to the City a copy of all current permits and approvals of all revisions made to the design and plans for the project as required by state and federal agencies, including but not limited to U.S. Army Corps of Engineers and Oregon Division of State Lands after soliciting and considering recommendations of the Oregon Department of Fish and Wildlife. DATED this 27th day of March, 2000. Larry Epstein P City of Tigar gs Officer Hearings OlcerFinal Order SLR 1999-00012 (Gramor Oregon, Inc.) Page 4 0 "EXHIBIT A" PARTIES OF RECORD (Written Public Testimony received at the hearing) DATE: TO: FROM: RE: March 13, 2000 MEMORANDUM Karen Fox/City of Tigard Matt Grady/ Gramor Oregon, Inc.I IJ ' wudM mgtgo ditl 3~3/Qa Summer Creek Wetland Enhancement (SLR1999-00012) After careful review of the conditions of approval we would like to suggest two (2) changes: The wording in Condition # 1 calls for revising the planting plan for those plants within the "low scrub/shrub community to a mid and tall shrub species. The basis for this condition comes from the fact that ODFW desires the applicant to have the most successful planting plan possible. The problem is the increased planting would take place within land areas within and outside of the Floodway zone. The problem could occur with changing this planting scheme within the Floodway zone and the applicant would like to work with both DSL and ODFW to find the optimum planting plan that does not jeopardize the function of the Floodway. The attached exhibit identifies the Floodway zone relative to the low scrub/shrub community. Suggested wording for Condition #1: The applicant shall revise its planting plan (revised 3/10199) to use mid and tall shrub species appropriate for wetlands in the areas designated for low scrub/shrub community in accordance with the final aouroval of the Division of State Lands (DSL) after recommendations from ODFW The wording in condition 43 implies ODFW is an approving agency. We would like to clarify that Oregon Department of Fish and Wildlife (ODFW) provides recommendations and reviews plans, yet does not perform approvals. We suggest altering the language slightly in the second sentence of Condition #3 to read: Prior to commencement of any site work the applicant shall provide copies of all current permits and approval of all revisions made to the design and plans for the project as required by state and federal agencies to the City including, but not limited to U. S. Coms of Engineers, and Oregon Division of State Lands (DSL), U.S. . €FkgiaeeFs-ate- with recommendations of the Oregon Department of Fish and Wildlife. Thank you for your consideration. Attachments ElffU ar Tit RwWwto 30CM • cmw T i7 --r+ LOW SHRUB SCRUB ZONE-To Revl5ll 1'"0'J~' PIA" cae~c SCAM ,RRm n i w 4 n ®FOREST MARGIN ZONE [DEMERGENT ZONE ML APPROMMM ILl' I KEY TO PLANTING ZONES QBUFFER ZONE ERRIPARIAN SHRUB ZONE / vv vvv A vvv vvav • vavv vvv vvv vv I v ~ I ` t I B t ~ I I I t Lli W' 2) 7- l lol (&Lz '"I'll GL J o r / ~ 1 ~ a E " ~ c~ L U I . mums iKURASASHI .d ..e,,,..,,.,g use. • fGaaa WAY ~ _ PLANTING i PLAN ,~"o-W4.01 0 0 "EXHIBIT C" WRITTEN TESTIMONY (Applicant's materials and pertinent correspondence filed with Hearings Officer prior to Public Hearing.) ~ i Agenda Item: 2.1 Hearing Date: March 13. 2000 Time: 7:00 PM STAFF REPORT TO THE HEARING'S OFFICER CITY OFTIGARD Community cDevelopment FOR THE CITY OF TIGARD, OREGON sip►ngABetterComrnunity 120 DAYS = 51512000 SECTION I. APPLICATION SUMMARY FILE NAME: SUMMER CREEK WETLAND ENHANCEMENT CASE NO.: Sensitive Lands Review Water Resource Overlay (SLR) SLR1999-00012 PROPOSAL: The applicant has reauested approval of the followina land use application: 1. Sensitive Lands -Type III/Water Resource Overlay Review - Type II APPLICANT: Gramor Oregon, Inc. OWNERS: City of Tigard 9895 SE Sunnyside Road, Suite P 13125 SW Hall Blvd. Clackamas, OR 97015 Tigard, OR 97223 Contact: Matt Grady COMPREHENSIVE PLAN DESIGNATION: Low Density Residential District; and Water Resource Overlay District; W-R. The W-R overlay district applies to all significant wetlands and streams, and applicable riparian setback and water quality buffer areas that appear on the Tigard Wetlands and Stream Corridors Map. ZONING DESIGNATION: R-4.5 and R-4.5, Planned Development (PD). LOCATION: WCTM 1S134CB, Tax Lot 3801 and 1S133DA, Tax Lot 7200. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.390, 18.510, 18.745, 18.775 and 18.797. SECTION II. STAFF RECOMMENDATION The Planning Division recommends the Hearing's Offcer'find that the proposed project will promote the general welfare of the City and will not be significantly detrimental nor injurious to surrounding properties provided that development which occurs after the decision complies with applicable local, state and federal laws. Therefore, staff recommends APPROVAL, subject to the following recommended conditions of approval: SUMMER CREEK WETLANDS ENHANCEMENT PAGE 1 OF 22 SLR1999-00012 3/13/2000 STAFF REPORT TO THE HEARINGS OFFICER CONDITIONS OF APPROVAL PRIOR TO CONSTRUCTION AND THE ISSUANCE OF SITE PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: (UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE BRIAN RACER, ENGINEERING DEPARTMENT (503) 639-4171.) Submit to the Planning Division (Karen Fox, 639-4171) for review and approval: 1. The applicant shall revise its planting plan (revised 3110/99) to use mid and tall shrub species appropriate for wetlands in the areas designated for low scrub/shrub communit in accordance with the recommendations of the Oregon Department of Fish and Wildlife (C W). 2. The applicant shall indicate the following on its planting and grading/erosion control plan: Preparation for re-vegetation: Topsoil removed from the surface in reparation for grading and enhancement is to be stored on or near the sites and protected from erosion while grading operations are underway; and such storage may not be located where it would cause suffocation of root systems, of trees intended to be preserved; and after completion of such grading, the topsoil is to be restored to exposed areas to provide a suitable base for seeding and planting for the native wetland vegetation proposed on the planting plan. 3. The applicant shall submit all revisions to the design and plans as conditioned in this recommendation (including planting and erosion controllgrading Ian) for approval and obtain an extension on its permits to cover the proposed time penoxfor work between July and September 2000 from the Division of State Lands and the U.S. Army Corps of Engineers. Prior to commencement of any site work the applicant shall provide copies of all current permits and approval of all revisions made to the design and -plans for the protect as required y state and federal agencies to the City including, but not limited to Oregon Division of State Lands (DSL), U.S. Army Corps of Engineers and Oregon Department of Fish and Wildlife. 4. The applicant shall incorporate into its plans and specifications all conditions related to this site in the DEQ Water Quality Certificate dated May 18, 1999, and the amendment dated Jul 21, 1999. The applicant shall revise its grading/erosion control plan to indicate these specifications. The applicant shall also incorporate these conditions into its erosion control and re-vegetation schedule for plan implementation. 5. The applicant shall re-design the backwater channels to ensure that they will be positive self- draining and will have no negative drainage effect away from the creek. 6. The applicant shall demonstrate compliance with applicable Unified Sewerage Agency (USA) standards including, but not limited to the Resolution and Order No. 96-44 in effect on January 7, 2000, the date the applicant's land use application was deemed complete (Updated R&O 96-44 as of February 4, 2000 does not apply). The applicant shall provide the City with a letter of compliance from USA prior to the commencement o site work. 7. The applicant shall revise its grading/erosion control plan to specify that the in-stream weirs including the bio-bags and the 1Z-inch piping in the channels shall be removed upon completion of construction. 8. The applicant shall enter into an easement agreement with the City of Tigard, wherein the City of Tigard shall grant the applicant an easement to enter the site for the ur ose of enhancing the site pursuant to the U.S. Army Corps of Engineers Permit No. 98-14 1 (the "Permit"). The easement shall provide for, among other things, performance assurances acceptable to the City, as the landowner of the property on which the mitigation is being performed, for protection from obligations to complete the enhancement project and future liability in the event of the applicant's failure to perform. Said performances shall be maintained pursuant to the easement agreement for a period of ten (10) years as required in the Permit, or such earlier time as the City shall receive acceptable releases of liability from the U. S. Army Corps of Engineers and the Oregon Division of State Lands. 9. Prior to any site work, the applicant shall clearly mark the edge of the enhancement site and a confined access to the enhancement area with protective construction fencing to ensure that SUMMER CREEK WETLANDS ENHANCEMENT PAGE 2 OF 22 SLR1999-00012 3113/2000 STAFF REPORT TO THE HEARINGS OFFICER ! ! the sensitive lands area and water resource are protected during the enhancement project. The floodplain, floodway and 25-foot water quality buffer are to be maintained free of debris and disturbance. In no case shall any above or below, groundwork, equipment or machinery, be allowed in these areas other than the work specified in the plans. 10. The applicant shall revise its grading/erosion plan to indicate that Reed Canarygrass mat shall be disposed of off-site immediately at an appropriate licensed disposal facility and shall not be stockpiled on-site. Care shall be taken to ensure that native vegetation is not damaged and water quality not negatively impacted in the process of removing the Reed Canarygrass. 11. The applicant shall revise its grading/erosion control plan by adding the specifications for equipment access as recommended by the Oregon Department of Fish and Wildlife in its comments of February 7, 2000 as follows: a. The applicant shall provide a 'temporary span over Summer Creek for equipment/vehicle access to minimize damage to vegetation and the water resource. b. Within the wetland areas, all heavy equipment should be staged from wooden construction mats to minimize soil compaction: Every effort shall be made by the applicant to avoid compaction of soil; use of a spider hoe in the wetlands construction is s rongly recommended C. All exposed soils in the backwater channels are to be covered by the applicant with staked coir mat for short term soil stability. 12. The applicant shall revise its grading/erosion control plan and add the following specification: Trees shall not be used as anchors for stabilizing working equipment. During clearing operations, trees and vegetation shall not be ermitted to fair or be placed outside the work area; In areas designated for selective cutting or clearing, care in falling and removing trees and brush shall be taken to avoid injuring trees and shrubs to be left in place. 13. Prior to any site work, the applicant shall revise its grading/erosion control plan to add the following protective measures: a. The applicant shall specify the end timeframe for removal of the erosion control measures. b. The applicant shall obtain approval from the City of Tigard Planning and En ineering Divisions for the proposed location and method for access to the site, and me hods for minimizing damage to vegetation and water quality due to access during construction process. The applicant shall clearly indicate the proposed location and method for access to the site on its plans. C. The applicant shall clearly indicate on its grading/erosion control plan, the location of the protective construction fencing for perimeter controls for the entire area of the enhancement work and the accessway to the enhancement work area. Plans shall indicate that no construction, equipment, or machinery shall be allowed outside of this area. 14. The applicant shall place construction fencing around all existing trees and shrub masses within the enhancement area to ensure that no trees or vegetation intended for protection are harmed during construction. 15. The applicant shall specify on its landscape plan the proposed methods for temporary irrigation of plants, and obtain approval for the proposed method of irrigation for plant survival. 16. The applicant shall indicate on their planting plan, the specific plant species to be planted. 17. The applicant shall revise the grading/erosion control plan to incorporate all of the measures . as listed in the Erosion Control narrative revised January 13, 2000, and shall specify on the plan that all disturbed land areas which will remain unworked for 21 days or more during construction, shall be re-vegetated as per the planting plan. SUMMER CREEK WETLANDS ENHANCEMENT PAGE 3 OF 22 SLR1999-00012 311312000 STAFF REPORT TO THE HEARINGS OFFICER 0 0 18. The applicant shall submit a schedule of planned erosion control and re-vegetation measures for review and approval to the City of Tigard Planning and Engineering Divisions. This schedule shall set forth the progress of construction activities, and mitigating erosion control measures in accordance with CDC Section 18.797.080.K. The plan implementation shall meet USA Design and Constructions Standards. Submit to the Engineering Department (Brian Rager, 639-4171) for review and approval: 19. Prior to construction, the applicant shall verify that the proposed design will function as intended based upon the removal of the dam structure downstream of this site. THE FOLLOWING CONDITIONS SHALL BE SATISFIED UPON COMPLETION OF CONSTRUCTION: Submit owe-Lngineering Department (Brian Rager, 63 for review and approval: 20. The applicant shall remove the in-stream weirs including the bio-bags and the 12-inch piping in the backwater channels. 21. Silt fencing, protective construction fencing, and any other foreign materials which were used during the construction of the project including all construction debris, shall be removed by the applicant upon completion of the project. .0_ . THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION. SECTION lit. BACKGROUND INFORMATION Site Information apd Proposal Descrintion: This proposal is the detailed Ian for off-site enhancement for the Murray Scholls Town Center, and involves the re-vegetation of p.93 acres, or 40,510 square feet, with native riparian and wetlands species. The plan also includes some minor grading to introduce diversity in the topographic and hydrologic conditions on the site. The grading would create shallow off-channel depressions, that would flood in the winter and retain some water in the growing season. Vicinity Information: The wetland mitigation site is located along Summer Creek to the west of the Summer Hills Park Subdivision and north of the Capstone Subdivisiop and theMary Woodward Elementary School. The site is located roughly midway between SW 121 and 130th Avenue. The site i,$ located immediately upstream from the City's enhancement project along Summer Creek at SW 1215 Avenue. Site Historys The Summer Creek Wetland Enhancement plan is the proposed implementation of the required off-site mitigation for the Murray Scholls Town Center at SW Scholls Ferry Road and SW Murray Boulevard which involved the disturbance of 9200 square feet of wetlands. The- City Council approved Gramor Oregon's request for off-site mitigation at this site on July 28, 1998. SECTION IV. DECISION MAKING PROCEDURES. PERMITS AND USE Sum Land Use Permits: Chapter 18.310 defines the decision-making type to which the land- use application is assigned. This is a Type III Sensitive Lands Review due to the fact that the quantity of material being disturbed exceeds 50 cubic yards, and the proposed work is located directly adjacent to the minor stream and in the floodway fringe. The Water Resource Review is a Type II procedure as in-stream and stream bank enhancement, including vegetation removal and replacement within 10 feet of the top-of-bank or edge of wetland, is listed as a Type II permitted use in Table 18.797.2. SUMMER CREEK WETLANDS ENHANCEMENT PAGE 4 OF 22 SLR1999-00012 3113/2000 STAFF REPORT TO THE HEARINGS OFFICER 0 • Decision Mgkin Procedure: Chapter 18.390 Describes the decision making procedures. A Type III procedure applies to quasi-judicial permits and actions that predominantly contain discretionary approval criteria and are, decided by the Hearings Officer or the Planning Commission. Type II procedure applies to quasi-judicial permits and actions that contain some discretionary criteria. Type II actions are decided by the Director with public notice and appeals are heard by the Hearing's Officer. A Type I procedure applies to ministerial permits and actions, containing clear and objective approval criteria, and are decided by the Director without public notice. SECTION V. NEIGHBORHOOD COMMENTS No comments were received from surrounding property owners. SECTION VI. SUMMARY OF APPLICABLE CRITERIA A summary of the applicable criteria in this case in the Chapter order in which they are addressed in this report are as follows: A. Zonin Districts 18.51 (Residential Zoning Districts) B. 5pecific Development Standards 13.745 "Landscaping and Screening) 18.775 Sensitive Lands) 18.797 Water Resource Overlay District) The proposal contains no elements related to the provisions of Code Chapters: 18.705 (Access, Egress & Circulation), 18.710 Accessory Residential Units), 18.715 (Density Computations), 18.720 (Design Compatibility , 18.725 ((Environmental Performance Standards) 18.730 (Exceptions to Development Standards), ?8.742 Home Occupations), 18.740 (Historic Overla 18.750 (Manufactured/Mobile Home Regulations)), 18.755 (Mixed Solid Waste & Recyclable Storage , 18.760 (Nonconforming Situations), 18.765 (Off Street Parking and Loading Requirements 18.70 (Signs). 18.785 Temporary Uses 18.790 Tree Removal), 18.795 (Visual Clearance), an 18.798 (Wireless Communication Facilities), 18.800 Street and Utility Standards. These Chapters are, therefore, found to be inapplicable as approval standards. SECTION VII. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE (CDC) SECTIONS: A. ZONING DISTRICT Residential Zoning District: Section 18.510.020 Lists the description of the Residential Zoning Districts. The site is located in the R-4.5 zoning district and a small portion of the site is in the R-4.5 (PD); Planned Development. Low Density Residential, though streambank enhancement is not specifically classified as a permitted, conditional or prohibited use in City of Tigard Zoning Districts, but rather is listed under the Water Resource Overlay District as a Type II use that is permifted with approval. B. SPECIFIC DEVELOPMENT STANDARDS: CHAPTER 18.700 fie-vegetation; Section 18.745.060 Where natural vegetation has been removed through grading in areas not affected' by the landscaping requirements and that are not to be occupied by structures, such areas are to be replanted as set forth in this section to prevent erosion after construction activities are completed. SUMMER CREEK WETLANDS ENHANCEMENT PAGE 5 OF 22 SLR1999-00012 311312000 STAFF REPORT TO THE HEARINGS OFFICER 0 Preparation for re-vegetation: Topsoil removed from the surface in preparation for grading and construction is to be stored on or near the sites and protected from erosion while grading operations are underway; and such storage may not be located where it would cause suffocation of root systems of trees intended to be preserved; and after completion of such grading, the topsoil is to be restored to exposed cut and fill embankments or building pads to provide a suitable base for seeding and planting. Acceptable methods of re-vegetation include hydro-mulching or the plantingg of rye grass, barley, or other seed with equivalent germination rates, and: Where lawn or turf grass is to be established, lawn grass seed or other appropriate landscape cover is to be sown at not less than four pounds to each 1,000 square feet of land area; Other re-vegetation methods offering equivalent protection may be a F by the approval authority; rit materials are to be watered at intervals suffcient o ensure survival and growth; and The use of native plant materials is encouraged to reduce irrigation and maintenance demands. The applicant proposes to physically remove the existing mat of Reed Canarygrass and re-vegetate the entire .93 acre site with native riparian and wetland species. Shallow off-channel depressions will be created and planted with emergent wetland vegetation. The creek and depressions will be lined with riparian shrubs to provide shading and temperature management. The existing forest edge.on the southwest side of the site will be re-vegetated with forested wetland plantings. The remaining wetland areas will be planted with sparce, row shrub/scrub community. A vegetative report, dated November 15, 1999 has been submitted by Michael Roy Orden of Christopher Freshley Landscape Architects. According to the vegetative report, Reed Canarygrass comprises approximately 96% of the total site area. Additional existing vegetation is comprised of a mass of Red Osier Dogwood 'Cornus sericea), a mass of Pacific Willow (Salix lasiandra), and a mass consisting of Oregon Ash Fraxinus latifolia) and Black Hawthorn (Cratagus douglasii). The site is also inhabited by a variety of waterfowl, including ducks, geese, and herons. According to the vegetative report, the proposed plantings for the site have been verified as typical wetland plants found naturally in the Pacific Northwest. The plants will provide erosion control, reduce turbidity and sedimentation, enhance wildlife habitat by providing food and cover, and increase the ability for natural aquatic communities to survive. The vegetative report also addresses grading and erosion control on the site as shown on the gradinglerosion control plan submitted with the application. The report indicates that "the site will be graded to allow positive water movement through the site, to provide a diversity of hydrologic conditions and to provide a variety of planting zones inherent in a typical native wetland." The report points out that topsoil will be added to the areas where Reed Canarygrass is removed to add to the fertility of the site and to aid in the establishment of the proposed plantings. Protective measures proposed in the vegetative report include the erection of erosion control fencing around the site before construction, seeding with native grasses following the removal of all non-native materials, prohibiting any equipment to enter Summer Creek at any time, providing temporary irrigation to aid in the establishment of plantings, and re-vegetating other areas disturbed during construction. An erosion control narrative has been submitted by Kurahashi & Associates and is dated December 27, 1999. The narrative describes the erosion control plan and the schedule of planned erosion control and re-vegetation measures. A summary of erosion control measures to be applied include the following: Excavation of backwater area from the upstream end to the downstream end. Installation of silt fencing in accordance with Unified Sewerage Agency and City of Tigard standards. Minimization of the amount of sedimentation introduced into the creek via scooping the earth away from the creek when breaching the bank. Silt fence removal only after placement of coir fabric. Placement of bio-bags across the back water areas to provide sediment traps during rainfall events (these are to be removed at the end of construction). A revised erosion control narrative was submitted by Kurahashi & Associates and is dated January 13, 2000. The revised narrative addresses the disposal of the twelve inches (12") of Reed Canarygrass mat to an off-site disposal area, and the handling of the remainder of the excavated soil. In preparation for re-vegetation, the applicant pproposes that the remainder of the excavated soil after removal of the Reed Canarygrass will either be mixed with offsite topsoil to add back a 6-inch (6") topsoil layer or hauled to an b f-site disposal area. SUMMER CREEK WETLANDS ENHANCEMENT PAGE 6 OF 22 SLR1999-00012 3/13/2000 STAFF REPORT TO THE HEARINGS OFFICER • Comments from Oregon Department of Fish and the proposed re-vegetation methods, specifically stating it will likely allow the Reed Canarygrass to applicant revise the planting plan to use mid and control Reed Canarygrass. 0 Wildlife (ODFW) dated February 7, 2000 question the use of "sparse, low scrub/shrub community" re-infest the site." ODFW recommends that the tall shrub and tree species in this area to better The Unified Sewerage Agency submitted comments and asked "why the reduction in quantity of plant material from 3119198 to 3111199?" FINDING: Proposed re-vegetation is part of the wetland enhancement project. The proposed methods of re-vegetation need modification in order to ensure that the Reed Canarygrass will not re-infest the site. In addition, the applicant has not sufficiently addressed the preparation of soils for re-vegetation, and shall revise its planting and erosion controllgradmgg in accordance with the below listed conditions. Upon satisfying the below lisfed conditions, this standard will be met. CONDITIONS: The applicant shall revise its plantin plan (revised 3110199) to use mid and tall shrub species appropriate for we lands in the areas designated for low scrub/shrub community in accordance with the recommendations of the Oregon Department of Fish and Wildlife. The applicant shall submit its revised planting and gradin !erosion control plan for approval to Oregon Department of Fish and Wildlife, Oregon Division of State Lands, and U.S Army Corps of Engineers for approval prior to obtaining final approval from the Tigard Planning Division. The applicant shall indicate the following on its planting and grading/erosion control plan. Preparation for re-vegetation: Topsoil removed from the surface _in preparation for grading and enhancement is to be stored on or near the sites and protected from erosion while grading operations are underway; and such storage may not be located where it would cause suffocation of root systems of trees intended to be preserved; and after completion of such grading, the topsoil is to be restored to exposed areas to provide a suitable base for seeding and planting for the native wetland vegetation proposed on the planting plan. SENSITIVE LANDS: CHAPTER 18.775 Sensitive lands are lands potentially unsuitable for development because of their location within: the 100-year floodplain, natural draina sways, wetland areas which are regulated by other agencies including U.S. Army Corps of Engineers and the Division of State Lands or are designated as significant wetland on the Comprehensive Plan Floodplain and Wetland chap, and steep slopes of 25% or greater and unstable ground. A land use application is required for ground disturbances in sensitive lands areas. The Director shall have the authority to issue a sensitive lands permit in the following areas by means of a Type II procedure, as governed in Section 18.390.040, using approval criteria contained in Section 18.775.070 C-E: Drainageways; Slopes that are 25% or greater or unstable ground; and Wetland areas which are not regulated by other local, state, or federal agencies and are designated as significant wetlands on the Comprehensive Plan Floodplain and Wetland Map. Sensitive lands permits shall be required for the areas in Section 18.775.020 D1 above when ground disturbance(s) or land form alterations involving more than 50 cubic yards of material; The Hearings Officer shall have the authority to issue a sensitive lands permit in the 100-year floodplain by means of a Type IIIA procedure, as governed by Section 18.390.050, using approval criteria contained in Section 18.775.070 6-E. Sensitive lands permits shall be required in the 100-gear floodplain when ground disturbance(s) or landform alterations in floodway fringe locations involving more than 50 cubic yards of material. Applicable definitions from Section 18.120 are as follows: "Floodplain" - The zone along a watercourse enclosed by the outer limits of land which is subject to inundation in its natural or lower revised contours by the base flood. SUMMER CREEK WETLANDS ENHANCEMENT PAGE 7 OF 22 SLR1999-00012 311312000 STAFF REPORT TO THE HEARINGS OFFICER • 0 "Floodway" - The normal stream or drainage channel and that adjoining area of the natural floodplain needed to conveyy the waters, including the zero-foot rise floodway area defined by the U.S. Corps of Engineers Flood Insurance Study, February, 1984. Floodways must be reserved in order Engineers the base flood without cumulatively increasing the water surface elevation. "Floodway fringe" - The area of the floodplain lying outside of the floodway. FINDING: As the proposed project involves ground disturbance in the floodway fringe of more than 50 cubic yards of material, a Type IIIA Sensitive Lands permit is required. Sensitive Land Permits: Section 18.775.070 Permits reauired. An applicant who wishes to develop within a sensitive area, as defined in Chapter 18:775, must obtain a permit in certain situations. Depending on the nature and intensity of the proposed activity within a sensitive area either a Type. If or Type III permit is required, as delineated in Section 18.775.015 D and E. The approval criteria for various kinds of sensitive areas, e.g., floodplain, are presented in Subsections B - E below. As a Type III permit is required, the following approval criteria in the Subsections shall be addressed: Within the 100-year floodplain. The Hearings Officer shall approve, approve with conditions or deny an application request within the 100-year floodplain based upon findings that all of the following criteria have been satisfied: Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero-foot rise floodway shall not result in any encroachments, including fill, new construction, substantial improvements and other development unless certified by a registered professional engineer that the encroachment will not result in any increase in flood levels during the base flood discharge; The proposed enhancement work is within the 100 year floodplain and the floodway, and falls within the definition of a land form alteration as defined in DC Section 18.120 and referenced below. The land will be altered by the removal of approximately twelve.inches (12") of Reed Canarygrass, the addition of six inches (6") of topsoil fill throughout the site, and minor grading to create shallow off-channel depressions for diversity in the topographic and hydrologic conditions on the site. The depressions would flood in the winter and retain some water into the growing season with their current design. The depressions are proposed to be planted with emergent wetland vegetation. The creek and depressions will be lined with riparian shrubs to provide shading and temperature management. The applicant has submitted a letter dated August 19, 1999 from Roger C. Sutherland, PE, Director of WaterResources Engineering for Pacific Wafer Resources, Inc. certifying that "the proposed project will not have any effect on the existing height of flood waters along Summer Creek during the occurrence of the 100 year flood." This letter of certification also states that the proposed action will not have an adverse hydraulic impact because: The hydraulic roughness (Mannings N value) of the Reed Canarygrass is greater than or equal to the fully mature plant communities that will replace it. No signifcant change is proposed in regard to grading. In fact, the net impact may be that more flood storage is . made available because of the creation of shallow off channel depressions planted in emergent wetland vegetation. Land form alteration is defined in CDC Section 18.120 as "Any man made change to improved or unimproved real estate, including but not limited to, the addition of buildings or other-structures, mining, quarrying, dredging, filling, grading, earthwork construction, stockpiling of rock, sand, dirt or gravel or other earth materials, paving, excavation or drilling operations located within the area of special flood hazard." FINDING: The applicant has demonstrated that the land form alteration will not increase the zero foot rise, and may decrease the flood elevation as a result of the creation of shallow off-channel depressions. Therefore, this standard has been met. SUMMER CREEK WETLANDS ENHANCEMENT PAGE 8 OF 22 SLR1999-00012 3/13/2000 STAFF REPORT TO THE HEARINGS OFFICER ! • Land form alterations or developments within the 100-year floodplain shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or developments associated with community recreation uses, utilities, or public support facilities as defined in Chapter 18.120 of the Community Development Code shall be allowed in areas designated residential subject to applicable zoning standards; This land form alteration is strictly limited to a wetland and streambank enhancement. The use of the subject site for off-site mitigation for the Murray Scholls Town Center was approved by Tigard City Council on July 28, 1998. It is the policy of the City of Tigard that city owned property may be used for private wetland mitigation. The City of Tigard will consider the proposals for such mitigation on a case by case basis subject to certain conditions. The subject site is located in an area zoned R-4.5, and has a comprehensive plan designation as WR, Water subject Overlay District. FINDING: As the location of the site was previously approved through a City Council decision on July 28, 1998, this criteria is met. Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100-year flood; The applicant has submitted a letter dated August 19, 1999 from Roger C. Sutherland, PE, Director of Water Resources Engineering for Pacific Water Resources, Inc. which states in summary that there "will be no rise in the 100-year flood elevations at upstream or downstream of the proposed site. In addition, the net result of the proposed action will be no loss of floodplain and floodway storage." FINDING: The applicant has demonstrated through a letter dated August 19, 1999 from Roger Sutherland, a registered engineer with Pacific Water Resources Inc., that the proposed work will not result in an increase in the water surface elevation of the 100-year floodplain. The land form alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the Hearings Officer as untimely; A portion of the site has a pedestrian/bicycle path which connects to the path through Summer Lake Park to the west. The path does not, however, continue for the full length of the site and does not connect to adjacent property to the east. The Summer Lake Park Master Plan, which is a component of the City of Tigard Parks Master Plans, includes a trail system throughout the ark. The-Tigard Park Plan, adopted in 1988, identifies a continuous trail running along the length of Bummer Creek as it passes through Tigard (See figure 4-3 in the plan). However, the plan does not define the specific location of the trail or include any technical information regarding its feasibility'. Tigard Long-Range Planning Staff Duane Roberts, has commented as follows: "The riparian area between Summer Lake Park and 1215} Avenue is a Statewide Goal 5 resource site and contains extensive wetland areas and a wide floodway. Because the trail has not been mapped. at this location and because of potential conflicts with the natural resource values of the site, a requirement to install the trail as a condition of the wetland enhancement does not appear to be reasonable or appropriate at this time." FINDING: The construction of a pathway on this site is untimely as the location of a future trail has not been mapped, and potential conflicts exist with the natural resource value of the site. Therefore, a pathway for this site shall be deemed untimely and not required, and this criteria shall not apply. The plans for the pedestrian/bicycle pathway indicate 'that no pathway will be below the elevation of an average annual flood; FINDING: No additional pathways on this site are proposed by the applicant or required by the City of Tigard at this time. Therefore, this criteria is inapplicable. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained; and SUMMER CREEK WETLANDS ENHANCEMENT PAGE 9 OF 22 SLR1999-00012 311312000 STAFF REPORT TO THE HEARINGS OFFICER 0 0 A nt permit of the U.S. Army Corps of Engineers (Permit #98-1451) and the Division of State Lands r~'FTll240) 6has been issued for the SW Murray Blvd. and Scholls Ferry Road site, 1S132D, L.#100 and included a description of an off-site mitigation alternative in the Summer Creek watershed consistent with this land use application. The applicant has submitted the U.S. Army Corps of Engineer Permit #98-1451 dated July 22, 1999. The U.S. Army Corps permit authorizes the fill of .24 acres in conjunction with the Murray Scholls Town Center site, and off-site mitigation of .88 acres, which is the subject of this land use application. This permit also authorized enhancing an additional .03 acres of wetlands on the southeast corner of the existing pedestrian bridge at this site, re-vegetating a two hundred 200) by five (5)-foot-wide linear strip adjacent to the forest edge along the southwest side with forested wetland plantings, and minor grading and creation of the shallow channels as consistent with this land use application and proposed accompanying plans. The U.S. Army Corps. permit incorporates conditions as contained in a concurrence letter from the National Marine Fisheries Service dated April 22, 1999 submitted with this application. The Army Corps permit incorporates certain conditions for the mitigation plan including that the work must be fully implemented within one year from the date of the permit, and that the mitigation shall be monitored for a period of 10 years with an 80% survival rate being considered successful. The applicant has submitted a Wetland Removal/Fill Permit for the subject site on Summer Creek from the Division of State Lands dated March 26, 1999. The application made to DSL is consistent with this land use application. This DSL permit expires March 26, 2000. The permit includes mitigation conditions on Attachment A, page 2 of 3, and includes that the wetlands shall be constructed prior to or concurrently with the permitted fill, that tree protection be provided,. and that the criteria for success for wetland re-vegetation shall be 80% survival for a period of three years. FINDING: The applicant has submitted permits from the U.S Army Corps of Engineers which expire on July 22, 2000, and from the Division of State Lands which expire on March 26, 2000. As these permits will expire before the completion of construction and the project will require some redesign in order to meet other conditions as set forth in this decision, this criteria is not met. In addition, the Oregon Department of Fish and Wildlife has reviewed and commented on this project proposing various changes to the project as discussed elsewhere in this decision. Subject to the below listed condition, this criteria will be met: CONDITION: . The applicant shall submit all revisions to the design and plans as conditioned in this recommendation for approval and obtain- an extension on its permit to cover the proposed time period for work between July and September 2000 from the Division of State Lands and the U.S. Army Corps of Engineers. Prior to commencement of any site work the applicant shall provide copies all current permits and approval of all revisions made to the design and plans for the project required by state and federal agencies to the City including, but not limited to Oregon Division of State Lands, U.S. Army Corps of Engineers and Oregon Department of Fish and Wildlife. Where land form alterations and/or development are allowed within and adjacent to the 100- year floodplain, the City shall require the consideration of dedication of sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. This site had previously been dedicated to the City of Tigard, and is part of the City's Open Space/Greenway system. A pedestrian/bicycle pathway already exists on a portion of the site as discussed under 18.775.070. B.4 above in this report, and there are no plans at this time to extend the path to connect to adjacent sites at this time. The City's adopted pedestrian and bicycle plan includes provisions for the timeliness of the construction of the path. Until such time that funds are available to undertake a study to locate and design a suitable path that does not conflict with the natural resources at the site, the construction of this path is not feasible at this time. SUMMER CREEK WETLANDS ENHANCEMENT PAGE 10 OF 22 SLR1999-00012 311312000 STAFF REPORT TO THE HEARINGS OFFICER FINDING: As the City already owns this site, a portion of the site already has an existing Fedestrian/bicycle path,-and funds are not available at this time to undertake a study o locate and design an extension of the path. Therefore, this criteria is met. With excessive slopes. The appropriate approval authority shall approve, approve with conditions or deny an application request for a sensitive lands permit on slopes of 25% or greater or unstable ground. The grading/erosion control plan submitted indicates an elevation of approximately 171 feet at high ppint elevation at the northwestern portion of the site, and approximately 162 feet at the low point at font portion of the site. This is a drop in elevation of nine 9') feet over 390 feet across the site, or a 2.3% slope approximately. FINDING: This criteria is inapplicable as the site does not have slopes of 25% or greater or unstable ground. Within drainaa_0wars. The appropriate a proval authority shall approve, approve with conditions or deny an application request for a sensitive lands permit within drainageways based upon findings that all of the following criteria have been satisfied: FINDING: This criteria is inapplicable as Summer Creek is classified as a minor creek under Chapter 18.797, Water Resource Overlay District, and, therefore, will be reviewed under the Water Resource criteria for a minor creek, rather than as a drainageway. Within wetlands. The Director shall approve, approve with conditions or deny an application request for a sensitive lands permit within wetlands based upon findings that all of the following criteria have been satisfied: FINDING: This criteria is inapplicable as Summer Creek is a designated minor creek with adjacent wetlands that are mapped as significant on the City of Tigard Comprehensive Plan Wetlands and Stream Corridors Map. The applicable criteria for the associated wetlands and creek are contained in Section 18.797, Water Resources Overlay District, and addressed elsewhere in this report. WAIF,R RESOURCES (WRt CHAPTER 18.797 AAnplicability and Generalized Mp9pipq= Section 18.797.030 The WR overlay district applies to all significant wetlands and streams, and applicable riparian setback and water quality buffer areas, that appear on the Tigard Wetlands and streams, and riparian setback and water quality buffer areas, that appear on the Tigard Wetlands and Stream Corridors Map. Standard Riparian Setbacks and USA Water Quality Buffers: Section 18.797.030.C. The applicant shall be responsible for surveyingg and mapping the precise location of the top of bank, wetland edge, riparian setback andror USA water quality buffer at the time of application submittal. Table 18.797.1 summarizes riparian setbacks and water quality buffers that apply to significant water resources within the WR overlay zone: FROM TABLE 18.797.1 RIPARIAN SETBACKS AND WATER QUALITY BUFFERS SIGNIFICANT WATER RESOURCE TYPE Tualatin River & associated wetlands Major streams & associated wetlands Developed subdivision lot exception (major streams & associated wetlands) WR STANDARD USA STANDARD WATER RIPARIAN SETBACK' QUALITY BUFFER' 75 feet 25 feet 50 feet 25 feet 25 feet 25 feet Minor streams & adjacentlisolated wetlands II Not applicable II 25 feet I Measured in feet from the top-of-bank or the associated wetland edge, whichever is greater. 2 Measured in feet from the stream top-of-bank or the wetland edge, whichever is greater. SUMMER CREEK WETLANDS ENHANCEMENT PAGE 11 OF 22 SLR1999-00012 311312000 STAFF REPORT TO THE HEARINGS OFFICER • • Division of State Lands notification required for all proposed development activities within any wetland. Unified Sewerage Agency standards are applicable when development activities are proposed within 25 feet of any wetland or stream. The site of the proposed wetland enhancement includes designated wetlands, floodplain, and a minor stream, Summer Creek. Table 18.797.1 indicates a 25 foot water quality buffer for minor streams and adjacent/isolated wetlands. Applicable definitions for this minor streams and adjacent/isolated wetlands are contained in CDC Section 18.797.020 and are as follows: "Minor Streams" are not "fish-bearing streams" according to Oregon Department of Forestry maps. Minor streams in Tigard include Summer Creek, Derry Dell Creek, RedRock Creek, North Fork of Ash Creek and certain short tributaries of the Tualatin River. The "Tigard Wetlands and Riparian Corridors Map" identifies all "significant " water resources within the Tigard Planning Area, including the Tualatin River corridor, all major stream corridors, minor streams and isolated wetlands. This generalized, composite map is based on the City of Tigard Local Wetlands Inventory (LWI) prepared by Fishman Environmental Services, 1994, hereby adopted by reference. All water resources identified as significant on the Tigard Wetlands and Riparian Corridors Map meet the Division of State Lands (DSL) definition of a "Locally Significant Wetland:" An "Isolated Wetland" is a significant wetland, all of which is located outside of the riparian setback. The applicant has submitted a Wetland Determination and Delineation Report prepared by Claudia Steinkoenig and Martin Schott of Schott & Associates dated August, 1999. The applicant has provided mapping of the wetland edge, top-of-bank, and riparian setback on the grading plan. The Wetland report includes sections on hydrology, soils, vegetation, and streambank conditions of the site, and addresses the impacts of the sanitary sewer connection to the water resource. See also, Chapter 18.775 Sensitive Lands in this report for additional criteria and conditions related to water resource and wetlands protection. ApDllcation Re~uiremerL#s: Section 18.797.060 Type. II and III uses: required studies and mitigation reports. Each of the following studies shall be required whenever any Type II or II use is proposed within the WR overlay district. Each required report must consider the City of Tigard Local Wetlands Inventory (Fishman Environmental Services, 1994) shall be in addition to the submission of information required for specific types of development, and shall be prepared by professionals in their respective fields. 1) Hydrology and soils report. 2) Grading Plan 3) Vegetation report 4) Streambank Conditions report. Hydrology and soils report: The applicant has submitted a brief hydrology report prepared by Kurahashi & Associates, Inc., a Civil Engineering firm in Tigard, Oregon. The report describes the hydrology as "ideally suited to the proposed use of wetland mitigation," and points out that the hydrology will limit the time of construction to the dry season as already limited by the Joint 404 DSL Removal/Fill Permit. Soils are described, as Wapato silty clay, a hydric soil that is deep and poorly drained. Soils are inundated and/or saturated throughout the site into the early summer months. Construction is proposed.during August and September when a majority of the soil is dry, and can support the heavy equipment necessary to perform the proposed grading. Recommendations include grading to start no earlier than August 1 and be completed by mid-September, perimeter controls to be in place prior to clearing and grading, keep heavy equipment out of any wet spots during grading, and soil surfaces to be decompacted prior to seeding. Grading Plan: The site slopes from a high point of 172 feet above mean sea level on the eastern bank next to the existing foot path to 162 feet in the actual stream channel. According to a Wetland Mitigation Erosion Control Narrative letter dated January 13, 2000 from Gregory Kurahashi, P.E. of Kurahashi & Associates, a mat of 12 inches of Reed Canarygrass is proposed for removal and will be hauled to an off-site disposal area. According to the applicant's narrative "the remainder of the excavated soil will either be mixed with offsite topsoil to add back a 6-inch topsoil layer or hauled off to an off-site disposal area." In addition, minor grading (plus or minus 2 feet below finish grade) is proposed as shown on the plans to allow positive water movement through the site, and to provide a diversity of hydrologic conditions for planting zones inherent in a typical native wetland. Protective measures are SUMMER CREEK WETLANDS ENHANCEMENT PAGE 12 OF 22 SLR1999.00012 3/1312000 STAFF REPORT TO THE HEARINGS OFFICER 9. • proposed by the applicant which include the placement of silt fencing as shown on the plans, confining the grading and planting to the limits of the project, restoration of existing pathways if damaged during construction, preservation of existing trees and shrub masses and replacement if damaged during construction, and prohibition of construction debris or equipment into Summer Creek. Vegetative report: The applicant has submitted a Vegetation report prepared by Michael Roy Odren of Christopher Freshley Landscape Architects dated November 15, 1999. This report includes a survey of existing vegetative cover, and how it will be altered by the proposed enhancement. Specifically, disturbed areas include 39,000 square feet, or 96% Reed Canarygrass over the site area. The addition of top soil will aid in the establishment of new plants. Planting zones are indicated on the plans. Each planting zone requires specific native plant material based on its elevation within the wetland. The applicant states that the proposed plantings have been verified as typical wetland plants found naturally in the Pacific Northwest, and the plants will provide erosion control, reduce turbidity and sedimentation, enhance wildlife habitat, and increase the survival of the natural aquatic communities. The applicant proposes measures to reduce the impact of construction including seeding with native grasses following the removal of non-native materials, providing temporary irrigation to aid in the establishment of plantings, and other measures are previously mentioned in the hydrology and soils report and grading/erosion control plans. Streambank Conditions report: This report is only necessary if a reduction in the riparian setback is proposed. Summer Creek is classified as a minor stream in the Community Development Code definitions. Minor streams have no riparian setbacks in accordance with the definitions in Section 18.797.020, however, a 25-foot water quality buffer is required under Unified Sewerage Agency (USA) standards adopted and administered by the City of Tigard. As this proposal does not include a reduction in a riparian setback or the water quality buffer, the streambank conditions report is not required. Development Standards: Section 18.797.080 The following shall apply to all development, including native vegetation removal and excavation, within the WK overlay district. No application for a use identified in Section 18.797.050 shall be deemed complete until the applicant has addressed each of these standards in writing. Alternatives 5onsildered• Except for stream corridor enhancement, most Type II and III uses are expected to develop outside of water resource and riparian setback areas. Therefore, Type II and III development applications must carefully examine upland alternatives for the proposed use, and explain the reasons why the proposed development cannot reasonably occur outside of the water resource or riparian setback area. FINDING: This criteria is inapplicable as the proposed project is a wetland and stream corridor enhancement. Minimize sitina impacts. The proposed use shall be designed, located and constructed to minimize excavation, loss of native vegetation, erosion, and adverse hydrological impacts on water resources. For Type II and III uses, the civil engineer with experience in water quality must certify that any adverse water quality impacts of the development proposal will be minimized consistent with best management practices; The applicant's civil engineer has submitted a letter dated January 27, 2000 certifying that water quality impacts will be minimized consistent with the best management practices in conformance with this standard. The applicant has also submitted a Water Quality Certification letter from the Department of Environmental quality dated Ma 18, 1999, stating that "DEQ has reviewed Corps of Engineers permit #98-1451 (RF16240). Basedyon information provided by the applicant, DEQ does not anticipate any long-term violations of the Clean Water Act and State Water Quality standards, particularly 34041-026 (1) (a), Antidegradation Policy for Surface Waters, provided the conditions which follow are incorporated into the permit." The applicant has also submitted a letter dated July 21, 1999 which is an amendment to the Section 410 Water Quality Certificate on Corps of Engineer; specifically, the amendment applies to and replaces condition #6 of the permit. SUMMER CREEK WETLANDS ENHANCEMENT PAGE 13 OF 22 SLR1999-00012 3113/2000 STAFF REPORT TO THE HEARINGS OFFICER ! • The Oregon Department of Fish and Wildlife stated in its comments of February 7, 2000. "The backwaters should be self-draining and should not retain water, except during high water conditions." In planning staffs discussions with Mr. Jim Grimes, he noted that the elevations are lower (161 feet) at the base of the channels than at the creek bed (162-164 feet) where the channels and the creek intersect; this poses a problem as water would back-up in the channels and would not self-drain. The channel elevations should be higher than the creek bed so that water naturally flows to the creek according to the Oregon Department of Fish and Wildlife. FINDING: This criteria has not been fully met, however, if the below listed conditions are satisfied then this criteria will be met. CONDITIONS: * The appplicant shall incorporate into its plans and specifications all conditions related to this site in the DEQ Water Qualitv Certificate dated Mav 18. 1999. and the amendment dated July 21, 1999.- The applicant shall revise its grading/erosion control plan to indicate these specifications. The applicant shall also incorporate these conditions into its erosion control and re-vegetation schedule for plan implementation. The applicant shall re-design the backwater channels to ensure that they will be positive self-draining and will have no negative drainage effect away from the creek. The applicant shall demonstrate compliance with applicable Unified Sewerage Agency standards including, but not limited to the Resolution and Order No. 96-44 In effect on January 7, 2000, the date the applicant's land-use application was deemed complete (Updated R&O 96-44 as of February 4, 2000 does not apply). The applicant shall provide the City with a letter of compliance from USA prior to the commencement of site work. For all uses, the development_ shall be located as far from the water resource, -and use as little of the water resource or riparian setback area, as possible, recognizing the operational needs of the proposed development. The proposed wetland and streambank enhancement is located on either side of the streambank and within the wetland area in its entirety. Wetland enhancement projects by their nature must be located in the wetlands, and in this case the wetlands are located adjacent to the minor stream. FINDING: This criteria is inapplicable as the proposed development is a wetland and streambank enhancement which by its nature is located immediately adjacent to the creek. Construction materials and methods. Where development within the riparian area is unavoidable, construction materials or methods used within the riparian setback area shall minimize damage to water quality and native vegetation. The proposed development within the riparian area is unavoidable as it is a wetland enhancement on both sides of Summer Creek. However, as Summer Creek is a minor stream, a 25-foot water quality buffer, rather than a riparian setback area is required. The applicant intends to employ several methods to protect the water resource from sedimentation impacts during the excavation of the creek as described in the Wetland Mitigation Erosion Control Narrative prepared by Kurahashi & Associates, dated January 13, 2000. These methods include excavating backwater areas from the upstream end to the downstream end, installing silt fencing temporarily in the creek bed at the toe of the bank where the breach for backwater areas occur, scooping the earth away from the creek when breaching the bank, only removing the silt fence after placement of the'coir fabric. However, the applicant also proposes to temporarily place in-stream weirs (bio-bags) every forty feet across the backwater areas (the shallow channel depressions) and 12-inch piping throughout the channel during construction only. If the weirs were not removed immediately upon the completion of construction, they pose a hazard to fish, and may restrict backwater hydrology by causing the retention of water in the channels. Both the US Army Corps of Engineers and the Oregon Department of Fish and Wildlife have commented that in-stream weirs should be prohibited; In planning staffs discussions with these agencies regarding their comments on the project, it has been clarified that while permanent in- stream weirs should be prohibited, weirs placed during construction only and removed immediately at SUMMER CREEK WETLANDS ENHANCEMENT PAGE 14 OF 22 SLR1999-00012 311312000 STAFF REPORT TO THE HEARINGS OFFICER • that end of construction do not pose a damage problem. In a follow-up memo dated February 17, 2000, Jan Stuart with the US Army Corps staff confirmed that temporary in-stream weirs and 12-inch piping are acceptable as long as they are removed upon the completion of construction. Other protective measures proposed by the applicant are contained within the hydrology, soil, radingglerosion control and vegetative reports as summarized in this report above under Section 8.79T.060.. FINDING: The proposed development is limited to a wetland enhancement on both sides of the bank ofSummer Creek. The applicant has proposed a number of construction methods which minimize potential damage to the water quality, however, the placement of in-stream weirs across the backwater areas could cause damage if not removed immediately upon completion of construction. Therefore, in order to satisfy this criteria, the applicant shall meet the below listed conditions: CONDITIONS: The applicant shall revise its grading/erosion control plan to specify that the in- stream weirs including the bio-bags and the 12-inch piping in the channels shall be removed upon completion of construction. The applicant shall enter into an easement agreement with the City of Tigard, wherein the City of Tigard shall grant the applicant an easement to enter the site for the purpose of enhancing the site pursuant to the U.S. Army Corps of Engineers Permit M. 98-1451 (the "Permit"). The easement shall provide for, among other things, performance assurances acceptable to the City, as the landowner of the property on which the mitigation is being performed, for protection from obligations to complete the enhancement project and future liability in the event of the applicant's failure to perform. Said performances shall be maintained pursuant to the easement agreement for a period of ten (10 years as required in the Permit, or such earlier time as the City shall receive acceptable releases of liability from the U. S. Army Corps of Engineers and the Oregon Division of State Lands. Prior to any site work, the applicant shall clearly mark the edge of the enhancement site and a confined access to the enhancement area with protective construction fencing to ensure that the sensitive lands area and water resource are protected during the enhancement project. The floodplain, floodway and 25 foot water quality buffer are to be maintained free of debris and disturbance. In no case shall any above or below groundwork, equipment or machinery occur in these areas other than the work specified in the plans. The applicant shall revise its grading/erosion plan to indicate that Reed Canarygrass mat shall be disposed of off-site immediately at an appropriate licensed disposal facility and shall not be stockpiled on-site. Care shall be taken to ensure that native vegetation is not dams ed and water quality not negatively impacted in the process of removing the Reed Canarygrass. Minimize flood damaae. Above-ground residential structures shall not be permitted within the WR overlay district, where such land is also within the 100-year floodplain. On-site flood storage capacit shall not decrease as a result of development. The cumulative effects of any proposed development shall not reduce flood storage capacity or raise base flood elevations on or off-site. Any new commercial or industrial land development proposed within the 100- year floodplain shall be designed consistent with Chapter 18.775, Sensitive Lands. FINDING: This criteria was previously addressed and met in this report under Section 18.775.070.13 Sensitive Lands. Avoid steep slopes. Within 50 feet of any water resource, excavation and vegetation removal shall be avoided on slopes of 25% or greater and in areas with high erosion potential (as shown on SCS maps), except where necessary to construct public facilities or to ensure slope stability. SUMMER CREEK WETLANDS ENHANCEMENT PAGE 15 OF 22 SLR1999.00012 311312000 STAFF REPORT TO THE HEARINGS OFFICER 9 0 The area within 50 feet of the water resource does not have slopes exceeding 25%. Within the area of the enhancement slopes are less than 5%. Somewhat steeper slopes up to 15% exist in the area leading down to the actual enhancement site; and the applicant has stated in its narrative that this area is the only possible way to get equipment and machinery in and out of the site. FINDING: As no work will occur on slopes of 25% or greater, this criteria is inapplicable. Minimize impacts on existing vegetation: The following standards shall apply when construction activity is proposed in areas where vegetation is to be preserved. 1. Temporary measures used for initial erosion control shall not be left in place permanently; The applicant proposes the following temporary measures in its erosion control narrative: Silt fence shall be temporarily installed in the creek bed at the toe of the bank where the breach for backwater areas is to occur. The silt fence shall extend upstream and downstream a minimum of 20 feet beyond the limits of the bank breach for each backwater area. This silt fence will be removed after the placement of the coir fabric is complete and no less than two hours after breaching to allow heavier sediment trapped behind the silt fence to settle. Alternatively, the applicant proposes to establish temporary diversions at each breach point if the flows are too heavy for use of the silt fence. FINDING: The applicant's erosion control narrative indicates that erosion control measures are temporary, therefore, this criteria will be met upon satisfaction of the following condition: CONDITION: Silt fencing, and any other foreign materials used during the construction of the project, including all construction debris, shall be removed by the applicant upon completion of the project. The applicant shall specify in its plan schedule the end timeframe for removal of the erosion control materials. 2. Work areas on the immediate site shall be carefully identified and marked to reduce potential damage to trees and vegetation; The appplicant has included the location of a staging area on its revised gradin /erosion control plan dated Se tember 9, 1999. It is not clear how the applicant is proposing to gel to the staging area, and whether access to this area involves any impacts to vegetation. The Oregon Department of Fish and Wildlife has made recommendations regarding equipment access in its comments of February 7, 2000 including: The applicant should include a temporary span over Summer Creek for equipment/vehicle access. Temporary culverts tend to result in more damage to the channel and compaction of the soils. A temporary span can minimize this damage. Within the wetland areas, all heavy equipment should be staged from wooden construction mats to minimize soil compaction. Compacted soils can retard planting success. All exposed soils in the backwater channels should be covered with staked coir mat for short. term soil stability. In Planning staffs discussions with Jim Grimes of ODFW, Mr. Grimes recommended that the applicant use a spider hoe during construction to eliminate other heavy equipment that would cause unnecessary soil compaction. FINDING: The applicant has not clearly specified how it will identify work areas to reduce potential damage to trees and vegetation. Therefore, this standard is not met. If the applicant satisfies the following conditions the criteria will be met: CONDITIONS: The applicant shall revise its gradinglerosion control by adding the specifications for equipment access as'recommended by the Oregon Department of Fish and Wildlife in its comments of February 7, 2000 as follows: SUMMER CREEK WETLANDS ENHANCEMENT PAGE 16 OF 22 SLR1999-00012 3!1312000 STAFF REPORT TO THE HEARINGS OFFICER The applicant shall provide a temporary span over Summer Creek for equipment/vehicle access to minimize damage to vegetation and the water resource. Within the wetland areas, all heavy equipment should be staged from wooden construction mats to minimize soil compaction. Every effort shall be made by the applicant to avoid compaction of soil; use of a spider hoe in the wetlands construction is strongly recommended. All exposed soils in the backwater channels to be covered with staked coir mat by the applicant for short term soil stability. 3. Trees shall not be used as anchors for stabilizing working equipment. During clearing operations, trees and vegetation shall not be permitted to fall or be placed outside the work area; and 4. In areas desi nated for selective cutting or clearing, care in falling and removing trees and brush shall be taken to avoid injuring trees and shrubs to be left in place; FINDING: In order to satisfy standards #3 & 4, the applicant shall meet the following condition: CONDITION: The applicant shall revise its grading/erosion control plan and add the following specification: Trees shall not be used as anchors for stabilizing working equipment. During clearing operations, trees and vegetation shall not be permitted to fall or be placed outside the work area; In areas desiggnated for selective cutting or clearing, care in falling and removing trees and brush shall be taken to avoid injuring trees and shrubs to be left in place. 5. Stockpiling of soil, or soil mixed with vegetation, shall not be permitted on a permanent basis. The applicant proposes the following temporary measures in its erosion control narrative: Silt fencing shall be temporarily installed in the creek bed at the toe of the bank where the breach for the backwater areas is to occur. The silt fence shall extend upstream and downstream a minimum of 20 feet beyond the limits of the bank breach for each backwater area. This silt fencing will be removed after the placement of the coir fabric is complete and no less than two hours after breaching to allow heavier sediment trapped behind the silt fence to settle. Alternatively, the applicant proposes to establish temporary diversions at each breach point if the flows are too heavy for use of the silt fence. The applicant has included protective measures for the trees and vegetation within the enhancement area in its recommendations in its hydrology and soils report, grading and erosion control plan, and vegetative reports which are summarized in Section 18.797.060 of this report. FINDING: The applicant has included recommendations in its professional reports for the purpose of minimizing impacts on existing vegetation. The applicant shall revise its notes on its erosion control plan to add the following protective measures. CONDITIONS: Prior to any site work, the applicant shall revise its grading/erosion control plan to add the following protective measures: The applicant shall obtain approval from the City of Tigard Planning and Engineering Divisions for the proposed location and method for access to the site, and methods for minimizing damage to vegetation and water quality due to access during construction process. The, applicant shall clearly indicate the proposed location and method for access on its plans. SUMMER CREEK WETLANDS ENHANCEMENT PAGE 17 OF 22 SLR1999-00012 3/13/2000 STAFF REPORT TO THE HEARINGS OFFICER 0 • The applicant shall clearly indicate on their grading/erosion control plan, the location of the protective construction fencing for perimeter controls for the entire area of the enhancement work and the accessway. Plans shall indicate that no construction, equipment, or machinery be allowed outside of this area. The applicant shall place construction fencing around all existing trees and shrub masses within the enhancement area to ensure that no trees or vegetation intended for protection is harmed during construction. Vegetation mitigation clan. If a Type II or III use is proposed within a water resource site or riparian setback area, or mitigation is proposed as a method to reduce the riparian setback in accordance with Section 18.77.100, a mitigation plan shall be prepared and implemented. The applicant shall be responsible for re-vegetating areas temporarily disturbed by excavation on a 'f 1 basis; Where approval is granted to reduce the riparian setback area, the applicant shall be responsible for mitigating for the reduced setback by replacing non-native vegetation within the remaining, protected riparian setback area on a &A basis. That is, for each 100 square feet of riparian setback that is lost to development, at least 150 square feet of existing disturbed area within the riparian setback or wetland shall be re-planted with native plant species; The re-vegetation plan shall provide for the replanting and maintenance of native plant species designed to achieve pre-disturbance conditions. The applicant shall be responsible for replacing any native plant species that do not survive the first two years after planting, and for ensuring the survival of any replacement plants for an additional two years after their replacement. The applicant has submitted a Vegetation Mitigation Plan prepared by Michael Roy Odren of Christopher Freshley Landscape Architect, dated November 15, 1999. The proposed enhancement project is off-site mitigation within the City of Tigard for the Murray Scholls Town Center in Beaverton, Oregon. The location and size of the off-site mitigation area were previously determined and approved through public processes in Beaverton and Tigard, and through Division of State Lands and Army Corps. of Engineers permits. The entire site area will be re-vegetated, and any areas disturbed via access to the site will be re-vegetated to pre-disturbance conditions or better. oth DSL and the Army Corps require longer survival periods than specified under this standard and those longer survival period standards shall take precedent. The applicant has also submitted a conceptual planting plan with general plant types, and a separate schedule of specific plant names. The Oregon Department of Fish and Wildlife has included in its comments of February 7, 2000 recommendations for revisions to the planting plan to replace the proposed low scrub/shrub areas with mid and tall shrub and tree species to prevent re-infestation of the Reed Canarygrass. FINDING: The plans for re-vegetation conceptually address this standard, however, more specification is needed on the plans to ensure compliance with the standard. In addition, the low scrub/shrub plantings proposed are not adequate to prevent re-infestation of the Reed Canarygrass. If the following conditions are satisfied, then this standard will be met: CONDITIONS: The applicant shall specify on its landscape plan the proposed methods for temporary irrigation of plants, and obtain approval for the proposed method of irrigation for plant survival. The ap licant shall indicate on their planting plan, the specific plant. species to be plantedp Water and sewer infiltration and discharge. Water and sanitary sewer facilities shall be designed, located and constructed to avoid infiltration of floodwaters into the system, and to avoid discharges from such facilities to streams and wetlands. SUMMER CREEK WETLANDS ENHANCEMENT PAGE 18 OF 22 SLR1999-00012 3113/2000 STAFF REPORT TO THE HEARINGS OFFICER FINDING: This project does not involve the construction of water and sewer, therefore, this criteria is inapplicable. On-site systems. On-site septic systems and private wells shall be prohibited within the WR overlay district. FINDING: There are no proposed on-site septic systems or private wells within the WR overlay district, therefore, this criteria is inapplicable. Erosion control elan. If a Type II or III use is proposed within a water resource site or riparian setback area, the following erosion control standards shall apply within the WR overlay district: 1. Specific methods of soil erosion and sediment control shall be used during construction to minimize visible and measurable erosion; 2. The land area to be grubbed, stripped, used for temporary placement of soil, or to otherwise expose soil shall be confined to the immediate construction site only; season (June-October), whenever 3. Construction activity will take place during the dry feasible, and the duration of exposure of soils shall be kept to a minimum during construction; 4. Exposed soils shall be covered by mulch, sheeting, temporary seeding or other suitable material following grading or construction, until soils are stabilized. Durin the rainy season (November through May), soils shall not be exposed for more than calendar days. All disturbed land areas which will remain unworked for 21 days or more during construction, shall be mulched and seeded; 5. During construction, runoff from the site shall be controlled, and increased runoff and sediment resulting from soil disturbance shall be retained on-site. Temporary diversions; sediment basins, barriers, check dams, or other methods shall be provided as necessary to hold sediment and runoff; 6. A stabilized pad of gravel shall be constructed at all entrances and exits to the construction site. The stabilized gravel pad shall be the only allowable entrance or exit to the site; 7. Topsoil removal for development shall be stockpiled and reused on-site to the degree necessary to restore disturbed areas to their original or enhanced condition, or to assure sufficient stable topsoil for re-vegetation. Additional soil shall be provided if necessary to support re-vegetation; 8. The removal of all sediments which are carried into the streets, water resources or on to adjacent ppro arty, are the responsibility of the applicant. The applicant shall be responsible for cleaning up and repairing streets, catch basins, water resource areas and adjacent properties, where such properties are affected by sediments or mud. In no case snail sediments be washed into storm drains, ditches or dralnageways; 9. Any other relevant provisions of the Erosion Prevention and Sediment Control Plans Technical Guidance Handbook (City of Portland Bureau of Environmental Services and Unified Sewerage Agency of Washington County, Revised February 1994), required by the Planning Director. The applicant has submitted a revised Erosion Control Narrative dated January 13, 2000 from Greg Kurahashi, P.E., Kurahashi & Associates, Inc. The applicant has also submitted a Grading/Erosion Control Plan dated September 9, 1999. Specific methods of erosion control and sediment control are proposed by the applicant including the placement of silt fence, methods of sediment control for backwater bank excavation and the placement of bio-bags to provide sediment traps. SUMMER CREEK WETLANDS ENHANCEMENT PAGE 19 OF 22 SLR1999-00012 3/13/2000 STAFF REPORT TO THE HEARINGS OFFICER • 0 FINDING: The proposed methods of erosion control in the applicant's Erosion Control narrative dated January 13, 2000 address this standard, however, the applicant must meet the following condition to meet the standard: CONDITION: The applicant shall revise the grading/erosion control plan to incorporate all of the measures as listed in the Erosion Control narrative revised January 13, 2000, and shall specify on the plan that all disturbed land areas which will remain unworked for 21 days or more during construction, shall be re-vegetated as per the planting plan. Ran implementation. A schedule of planned erosion control and re-vegetation measures shall be provided, which sets forth the progress of construction activities, and mitigating erosion control measures. An approved Erosion Control of Re-vegetation Plan shall be implemented and maintained as follows: 1. Erosion control measures shall be installed prior to any stripping or excavation work. 2. The applicant shall implement the measures and construct facilities contained in the approved Erosion Control Plan in a timely manner. During active construction, the applicant shall inspect erosion control measures daily, and maintain, adjust, repair or replace erosion control measures to ensure that they are functioning properly. 3. Eroded sediment shall be removed immediately from pavement surfaces, off-site areas, and from the surface water management system, including storm drainage inlets, ditches and culverts. 4. Water containing sediment shall not be flushed into the surface water management system, wetlands or streams without first passing through an approved sediment filtering facility or device. 5. In addition, the applicant shall call for City inspection, prior to the foundation inspection for any building, to certify that erosion control measures are installed in accordance with the erosion control plan. The applicant has submitted a revised Erosion Control Narrative dated January 13, 2000 from Greg Kurahashi, P.E., Kurahashi & Associates, Inc, and a Grading/Erosion Control Plan dated September 9, 1999. The applicant has also submitted a Vegetative report by Christopher Freshley Landscape Architects dated November 15, 1999. FINDING: While the applicant has submitted an Erosion Control Narrative and Vegetative report proposing erosion control and sediment control measures, a specific schedule of planned erosion control and re-vegetation measures has not been submitted. In order to satisfy this standard, the following condition must be met: CONDITION: A schedule of planned erosion control and re-vegetation measures shall be submitted by the applicant for review and approval to the City of Tigard Planning and Engineering Divisions. This schedule shall set forth the progress of construction activities, and mitigating erosion control measures in accordance with CDC Section 18.797.080.K. The plan implementation shall meet USA Design and Constructions Standards. SECTION VIII. OTHER STAFF COMMENTS The City of Tigard Engineering Department commented that a significant dam structure was removed in December 1999 downstream of this project, and just upstream of the double 60-inch culverts that cross under SW 121S Avenue. Due to this concern, Brian Rager,'City of Tigard Development Review Engineer, contacted Greg Kurahashi, Kurahashi & Associates and asked him to recheck field measurements and review the water surface elevations in the site area to make sure that the plan will function as they intended when it was designed in 1998. Mr. Rager suggested the following condition: Prior to construction, the applicant shall verify that the proposed design will function as intended based upon the removal of the dam structure downstream of this site. SUMMER CREEK WETLANDS ENHANCEMENT PAGE 20 OF 22 SLR1999-00012 3/1312000 STAFF REPORT TO THE HEARINGS OFFICER 0 0 The City of Tigard Building Division has reviewed this proposal and requires an excavation, fill and grading permit prior to any on site work; Section 3309 of the Uniform Building Code grading requirements is applicable. Section 3306 of the UBC may also apply. The City of Tigard Long Range Planning Division has reviewed this application and has no objections to it. In a separate memorandum dated January 13, 2000, Duane Roberts, Long Range Planning staff provides comments regarding a future trail along Summer Creek. Those comments are incorporated into this report Section 18775.070.4 and 18.775.070.5. The City of Tigard Property Manager/Operations Department has reviewed this application and offered the following comments: Since the dam at 1215` has been removed and with the possibility of the dam at Summerlake being removed, will this design still work as it relates to backwater? Who pays for water? How much irrigation and planting time will be required by park staff and what are the timelines? The City of Tigard Water Department/Operations Utility Manager has reviewed the application and has no objections to it. SECTION IX. AGENCY COMMENTS City of Beaverton: Notification was sent, but no comments were received. Metro - Land Use & Planning: Notification was sent, but no comments were received. Tualatin Valley Water District: Notification was sent, but no comments were received. Oregon Dept of Fish & Wildlife reviewed this application and made the following comments: The Oregon Department of Fish and Wildlife has reviewed the proposed project and presents comments regarding equipment work, the proposal to retain water in the backwater channels, and the planting plan. Eauiroment Access The applicant should include a temporary span over Summer Creek for equipment/vehicle access. Temporary culverts tend to result in more damage to the channel and compaction of the soils. A temporary span can minimize this damage. Within the wetland areas, all heavy equipment should be staged from wooden construction mats to minimize soil compaction. Compacted soils can retard planting success. All exposed soils in the backwater channels should be covered with staked coir mat for short term soil stability. BaQkwater Hydrology The hydrology for the backwater channels should not be restricted in any way. No weirs or other channel obstructions that are intended to retain water in the channels should be permitted as part of this plan. The backwaters should be self-draining and should not retain water, except during high water conditions. Planting Plan The proposal to enhance the remaining wetland with a "sparse, low scrub/shrub community" will likely allow the reeds canarygrass to re-infest the site. Most experts concur that flooding or shading are the best methods to control the dominance of this species. We recommend that the applicant revise the planting plan to use mid and tall shrub and tree species in this area to better control reeds Canarygrass. Oregon Dept of Environmental Quality (DEQ): Notification was sent, but no comments were received, however, the applicant submitted a letter from DEQ dated May 18, 1999. SUMMER CREEK WETLANDS ENHANCEMENT PAGE 21 OF 22 SLR1999-00012 3113/2000 STAFF REPORT TO THE HEARINGS OFFICER M • National Marine Fisheries Service: The applicant submitted a letter dated April 22, 1999 from NMFS providing a review of the project and informal consultation. NMFS concurred with the determination of the Army Corps of Engineers. Unified Sewerage Agency reviewed this application, and have no objections to it. However, USA did ask "Why the reduction in quantity of plant material from 3119198 to 3/11/99?° Division of State Lands reviewed this application, and made the following comments: The project is authorized under DSL Permit #RF-16240. In addition, a letter was submitted dated October 4, 1999 giving an extension for in-water work. U.S. Army Corps of Engineers reviewed this application and offered the following comments: There is a COE permit. There has to be positive flow with no ponding of water in backflow areas to address ESA concerns. Any in-stream structures can not impede fish passage. This is a mitigation project and must be constructed according to permitted plans and there are compliance monitoring requirements. Deed restriction is also required. The backwater areas must be designed so they do not entrap or entrap fish i.e. no instream weirs. If the permittee wants to proceed with this design it will require a request for permit modification and re-consultation. A follow-up memo dated February 17, 2000 clarified that temporary in-stream weirs and 12-inch piping in the backwater channels is acceptable as long as they are removed upon the completion of construction. l' Fo< PREPAY D BY: Karen Perl Fox Associate Planner APPROVED BY: RitITard 6wersdorf Planning Manager I: c u rp! nik a re nLs I rW r9 9-12d a c. d oc Februarv 28. 2000 DATE Februarv 28. 2000 DATE SUMMER CREEK WETLANDS ENHANCEMENT PAGE 22 OF 22 SLR19W00012 3/1312000 STAFF REPORT TO THE HEARINGS OFFICER HAWK'S 1 2 SUBJ BEARD TAX L I ~r "WAY AW _III17 ATER 911LLVIEW SUMMER SCI i --T 1 :ommunity Development N I I GEOGRAPHIC INFORMATION SYSTEM VILLAGE PARK L 0J DR ` 4-~LI TE 1 FALCON RISE DR I I 1 I I~ Mary Woodward ~Q~ I IQ = Elementary VICINITY MAP SLR 1999-00012 SUMMER CREEK WETLAND ENHANCEMENT PROJECT A N L 0 200 400 600 Feet M 1'= 405 feet City of Tigard Information on this map is for general location m* and should be verified with the Development Sarvioes Division. 13125 SW Hal Sivd Tigard, OR 07223 (503) 639-4171 httpJ/wv .d.t0rd.er.us Plot date: Jan 11, 2000; C:Ima9iC\MAGIC03.APR i i ~a MAN ~7 . r r ` r r ~ ~ I B ~a ~ I I I I J I V. O V 1 OF 1 MAPS of T~~ CITY Q SLR [ 999-000 [ 2 . . . R . tREEK. WETLAND- SITE PLAN H .SUMMER. ETLAND ENHANCEMENT (Map is not to scale) KEY TO PLANTING ZONES BUFFER ZONE ®RIPARIAN SHRUB ZONE []LOW SHRUB SCRUB ZONE ®FOREST MARGIN ZONE 'r- EMERGENT ZONE - f z O Z E Z a CL i Q 0 BACKWATER DETAIL - ~l Foy+u ri aalrne ra liw .i n. w N ~ y Iv ~ m. r.rc a O..wl wu.LUp la wwurell.ny xwaw.n • llOl 1. 1 .-.UO.II M. Atl YMlle and rl.nllM .111 O. [.1.lIM lr... .•i .w•.. -.,lM..•.11 rn.r.,e, y O calf lord 1. Uli xN. diYq.e P.mx/r bw.WrlN x..pM..IALr rm M NI wr N.n.. INb. IMN. •1 li. ulal. 4.i gini[ WN. -1 .MII O a-wdrr .w..l, O b, .,+i•+0 «.d .1.^...i r.~~[ +I1+ 41• n N ..H..•i I.N.11 , •II N ..i r1H 1. N,d ..0. I. tLM W-1. -1 W [Nlx,d 1. 1.1-1 -d144l,n O If di.wq.d dw l.y .n.Ir-u- ws w•lal.e O .ulwwiwl .hall bi[r Mlblt.d .w Ih. Vdpr. O I.Ilrwp /.n[r. iM11 O[ ni.lxN 1• xldln.l •.n.I LI- 11 GW..r[p.nl L• : •i [ arlr. NLiLlwy yi.N. ` • awNd dx lnq ..n.Ir,NIr, 16 ;Iln,..r lll., ♦...•u. t I . ~ 4,e.nq i.l.il. Lr S{111 f.r. .NII O. Plirr. Ln x.N Lnile.lH .[ex dlnS la O~..a . w.PrN.nl.t 1.. S1N .I M.. N .rrlinL x.N I. W., 11 N .I•,•1iNYr l« x•.• •f O.n.. r O U,III,d Fr,p. ,p.ri .M Cllr .I Ilp.rd u..l Pn [inU.l N V .a l.• 1[,n If .,,q lpMrd.. OI•-Fp• i 1.[.. NrNr . •t Inlw N1. 11 .1 ....t .tl'. •11[.1 [.ly ,•O wa Can.lrO.11T M0.1• x N.I r..wl .boll «.t« I.ww, A' .y to r m Z 0 ~ 0 z z Z J CL a V 1- U. 0 U f M~ 11 1 OF 2 MAPS CITY OF . TIGARD t SITE PLAN N (Map is not to scale) dl dl 0 0 a 0 0 0 a a a 6 9 6 9 0 SLR1999-00012 SUMMER CREEK WETLAND ENHANCEMENT S7ni3lH0:•ARPA' , 1 f 1 I 1 1 1 1 1 r t i r RECEIVED PLANNING JAN 0 4 2000 CITY OF TIGARD SENSITIVE LAND AND WATER RESOURCES OVERLAY APPLICATION Summer Creek Wetland Enhancement, Murray Scholls Town Center ATTACHMENTS GRAMOR OREGON, INC. January 4, 2000 n SLglqlwuw&blz a ATTACHMENTS TO THIS APPLICATION EXHIBITS: i. Application ii. Address List of Property Owners Within 500 feet of the Site A. Preapplication Notes B. C. Neighborhood Meeting Documentation No Rise Certification For Tigard Mitigation Site, by Pacific Water Resources, Inc. August 19, 1999 D. Corps Permit/DSL Permit/DEQ Permit/Tigard Approval of City Land E. Murray Scholls Town Center - Tigard Wetland Mitigation Vegitative Report, by Christopher Freshley Landscape Architect, November 15, 1999 F. Gramor/Murray Scholls Town Center Summer Creek Wetland Mitigation Erosion Control Narrative, By Kurahashi & Associates, December 27, 1999 G. Plans: Location/Vicinity Map Existing Conditions Grading/Erosion Control Plan ~I Planting Plan Typical Cross Sections Planting Schedule 1 t 1 t i. Application 1 1 1 t 1 1 t 1 1 CITY OF TIGARD Av ° 4 2"' SENSITIVE LANDS TYPt or TYPE III APPLICATION 13125 SW Hall Blvd., Tigard, OR 97223 (503) 6394171 FAX.' (503) 684-7297 I GENERAL INFORMATION Property Address/Location: East of 121st Ave. and immediately West of Summer Lake Dam next to Summer Lake Park. Tax Map & Tax Lot #(s): 1S1 3 4 CB T.L. 3801 1S1 33 DA T. L. 7200 Site Size: 0.93 acres Property Owner/Deed Holder(s)": City of Tigard Address: 13125 bW hall Blvd. Phone: (503) 639-4171 City: Tigar R Zip: 97223 Applicant': Gramor Oregon, Inc. Address: 9895 SE Sunnyside Rd. Phone: (503) 245-1976 Suite P City: Clackamas, OR Zip; 97015 When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. PRE-APP. HELD WITH: DATE OF PRE-APP.: Case No.(s): Other Case No.(s): Receipt No.: Application Accepted By: Date: Date Determined To Be Complete: Comp Plan/Zone Designation: CIT Area: Rev. 11126/98 lAcvrplnVnastorslsla.doc PROPOSAL SUMMARY itt A li ti El t S b d The owners of record of the. subject property request a Sensitive pp ca on emen s u m e : Lands Permit to allow (please be specific): The proposed action is to phvsically remove the ❑ Application Form existing mat of Reed Canary Grass and re-vegetate ❑ Owner's SignaturelWritten Authorization the entire 0.93 acre site with native riparian and ❑ Title Transfer Instrument or Deed wetland species. The plan also includes some minor ❑ Site/Plot Plan of copies based on pre-app check list) grading to introduce diversity in the topographic and ' ❑ Site/Plot Plan {reduced 8'/="x 11 hydrologic conditions on the site. The qradina would create shallow off-channel depressions that would flood ❑ Applicant's Statement of copies based on pn"pp check list) in the winter and retain some water into the qrowing season. These depressions would be planted with ❑ 2 Sets of Pre-Addressed/Pre-Stamped Legal Size Envelopes emergent wetland vegetation. The creek and ❑ Filing Fee (Administrable) $ 745.00 depressions would be lined with riparian shrubs to (Hearing's Officer) $1,240.00 provide shading. and temperature manaqement. The existin ror f~ i h - g es ge on t ec e southwest side would be rev ege tated with forested wetland plantings. The remaining wetland areas wouAd be plant ed with sparce, low shrub/scrub 1 community. I List any VARIANCE, CONDITIONAL USE, SENSITIVE LANDS, OR OTHER LAND USE ACTIONS to be considered as part of this application: None APPLICANTS: 1; To consider an application complete, you will need to submit ALL of the $ QUMD SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) I THE APPLICANT(S) SHALL CERTIFY THAT: The above mauest does -not violate any dead osed upon the subie ' restrictions • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of gagh owner of the subject property. i I Owner's Signature r DATED this 3rd day of Owner's Signature * Refer to attached letter from James N.P. I August .19 98 Owner's Signature Owner's Signature Hendryx and City Council Agenda Item #5. 1 August 3, 1998 Matt Grady Gramor of Oregon 9895 SE Sunnyside Rd. Suite T" Clacamas, OR 97015 ■ Dear Mr. Grady: -This,is to officially notify you that on July 28, 1998, the Tigard City Council approved Gramor Oregon's request to use City-owned property along Summer Creek east of 121st Avenue for private wetlands mitigation. r The proposed enhancement covers approximately one acre and includes the removal of an existing area of Reed Canarygrass and its replacement with native riparian and wetland species. Council's approval is subject to the following conditions: 1. Gramor Oregon shall obtain a city sensitive lands permit and all other necessary permits and approvals required for the work. ' 2. Gramor Oregon shall obtain a street opening permit issued by the city Engineering Department before beginning work. We look forward to working with you on the successful implementation of your proposed enhancement, which will provide water quality, aesthetic, and other benefits to this important urban stream. _ Si cerely, James N.P. Hendryx Community Development Director 1 13125 SW Hall Blvd., Tlgard. OR 97223 (503) 639-4171 MD (503) 6884-2772 r P . 04/077 AFL. 27 '198 127 % 4eM 1 AG =A Mu FOR AGENDA OF 214$ ISSUFlAG51dDlITiTLE Qsa PREPARED W..'"' . ' 1 DEPT BE D OK Shonld.Council allow Gr aoaor Otegaa to use city PMPU f1biriva_ tie Widaads mitigation? STAFF R= Staffrecommends.COMO approvc the requast.subject to fi c cumUdou listed is the staff report. ' INFO Ma.1'ION STIMMARY Cnnimor Oregon is in the pmeess of redeveloping the FOE Western Service Division site located at the jtmacdon of Sw SdwUs Fcrxy Road and Sw bhmv Boulevard in Beavettatt as atowa eeatrr. As ply designed, the projea.wM intcafem wish 9,200 square feat of v►edm& associated with Sammw,Creek. Ia order to ` ,compasaftfu this h*zfC n= Caamor has denv4opcd a planting and m1ftdion plant og eve pLaot species.' The proposed mitigation site is the sty-owned greenway located imyn diaWy upstream of the city's 12Ist pond project ~IM Juar,1996,. Council adapted afa mal policy =Wn B tie vac of cirl FopeM forpaivata wcdands midgad= ''The attached submittal from Cmmw and Ku mbubi and Associams fully responds to each ofthrse critffiia The proposed plan is consistcar with the F=w Creek Watershed Plan and complements and expands ithacwspmposedmbsncemctprojmalcmgsm=grcre*slsW'-1215L MW appliewes proposed project bay bean ~viewad and =W ned by USA, she Fibmds'of tine Pond at 121st {thin nagbbarhvod residents group). and ft Friends of Summer Q=k. The plan aLw has been reviewed by *a OpwA= Depa~rtmcm as the city IdepartmeMnsponaleftmaimining cW gremwiys, who bane raised ago-objecdons to. tha iastallamon of the e~cement: IM=bew Gus4r, the gown center project noaaagss, WM be Fres=. at the Counca meaftg to overview the mitigation proposal. and respond to MW quadons Couacd rosy have. i 1 CITY OF IMARD, OREGON COUNCIL AGENDA ITEM SUI++IIW RY 1 1 1 1 1 1 1 1 1 1 r. 6c~6'r J L V '98 07 a 48AM CITY OF TIWARO MEMORANDUM CITY OF TIGARD M City Counts! FROM: ` Jim Hendryx . DATE: 7114198 : SUBJECT: Gramor Request to Use City Property for Private Wetland Ntigatuza Gramor Oregon has. submitted a request to use city greenway alortg Summer Creek for the ofkite mWg4on of an upstream commercial project that will disturb 9,200 square feet of wetlands. The proposed mitigation site abuts the proposed city wetland enhancement at 121st Avenue. ■ The proposed Gramor enhancement covers appmAnately one acre and includes the removal of ■ an existing area of Reed Canaryrgrass and its replacement with native riparian. and wetland species. The plan also includes some minor grading to create'shallow off-channel depressions that would flood In winter and retain some water Into the growing season. The creek and.. ' depressions would be planted with shrubs to provide shading and temperature management . The proposed enhancement is similar in design to the irntt~ed'rately adjacent 4.&acre ofl`4ne or oxbow 1 CRY proms Long Range.Planning, Engineering, -and Operations have reviswed'the plans for the project and recornnrsendCouncil approval of the-project-as designed. AddldonaHy. USA. The:Fdands of the Pond at 1214 and the Friends of Summer Cnrek all, have endorsed the project. in June 1996, Council adopted a formal policy addressing the use of city property) for private wetlands rrnltigadon. The policy stated as. follows. It is the policy of the City of Tigard that city owned property may be used for pdvat~ wetlands m1f5i®ation.. The City of Tigard will consider proposab for such mitigatio_ n an a case by case basis subject to. the following:.. :.'ft ran be demonstrated that there is benefit to: the city and the general public- 2., The m3ti9ation must provide a documented physical enhancement of existing wetlands- 1 . rZiL-c7-iS38 0 ~ ~ 53 F . 0?/0? - J1JL 27 'Se 07:4eRM I The city should be compensated for the use of-the area either through rent. lamp sung payment; benefit to the city, or as agreed to by the City Counc% ' 4. The wetland mitigation should demonstrate no additional cost to the city for maintenance or other factors unless acceptable to the City Council. The Gramor proposal addresses these criteria in the following ways. The proposal -calls for the removal of adous vegetation .!orated upstream of the city`s 121st pond enhancement This removal will reduce the chances of this undesirable vegetafm infecting the native wetland meadows.proposed for city construcdon at 121st As such, the Grarnor, project compornentr, and extends the city-managed project. m10 gation under dlscussion dearly is a physical enhancement of the existing wetland. Replacement ofthe monotypic area of Reed C inarygrass by diverse native-species, including I Slack Hawthorn, Red Alder. Mhed Willows, Creeping Spikerush. and Blue Wildrys, will improve the water quardy and wildl'de habitat value of the wetand and riparian area. The total cost of the proposed enhancement is $90,000.. This C061 Is high, approximately double the per acre cost of typical wetland entrancement projects. The difficulties- associated with the 'eradication of Reed Canaryomas accounts forthe higher than usual cost. This high-construetlon cost and the dined benefit provided to the city's downst~ea:n project adequately compensate for the use of city-.owned greenway. As for.the fourth And last criteria, the project will not obligate the city in any way, The Wtral protect and any' additional work and maintenance, including plankrepiaeernert, ordered by. the Corps of I Engineers or the Division of State Lands, will be'provided by Gramor. - Staff finds that the Grantor wetland enhancement proposal satisfies the criteria-relating to the use of city.-owned property for private wetlands midgation and recommends Council approval of the applicant's mque4 subject to:the following eond'dions: . The -awfi card shat obtain a. cky sensitive lands Pejmit and. all other r!cessary P6mft and . . . approvals required fbr the work. 2. The applicant shall obtain a street opening er t issued tiy-the p . aty. EEngineering Department The proposed approval condltlons will protect the dWs interest by providing for city oversight and inspection and for the bonding of the excavation':portion of the work. t TOTAL P. 0r? I Address List of Property Owners Within 500 ' feet of the Site. 1 1 1 1 1 I 1 t 1 1 1-~ J r Q~g ~M, I C 1 1 ) MA-00 J '-1tty1tt1519ti ' 6 t _ i- m4rm 1 f1 Y of , - 1 1S133AD-05000 MCGALIS DEON 12995 SW HAWKSBEARD ST TIGARD, OR 97223 1S133AD-09200 SPRECHER MARCY R 11010 SW SUMMER LAKE DR TIGARD, OR 97223 1S133AD-15200 BRENES MOURA NOEMY CECILIA & 11152 SW SUMMER LAKE DR TIGARD, OR 97223 0 ' 1S133AD-15400 BELL CHRISTOPHER D & CATHERINE 11161 SW SUMMERLAKE DR ' TIGARD, OR 97223 1 S133DA-00400 DECK EARL D AND SHIRLEY E 11030 SW SUMMERLAKE DR ' TIGARD,'OR 97223 1 S 133DA-00600 ' JACKSON GREGORY T & DEBORAH D 11050 SW SUMMER LAKE DR TIGARD, OR 97223 1 S 133DA-00800 ' SLABAUGH STEVEN L AND 11070 SW SUMMER LAKE DR TIGARD, OR 97123 1S133DA-01001 KRSTOVICH ALTHEA TR ' 11110 SW SUMMERLAKE DR TIGARD, OR 97223 'IS133DA-01200 ANNANIE DONNA M 11115 SW SUMMER LAKE DR TIGARD, OR 97223 1S133DA-01400 MILLER ROBERT W 11095 SW SUMMERLAKE DR TIGARD, OR 97223 1S133AD-05900 PARKE PHILIP R & JOY L 12905 SW HAWKS BEARD ST TIGARD, OR 97223 1S133AD-15100 TRAN NHANG V 11174 SW SUMMER LAKE DR TIGARD, OR 97223 1S133AD-15300 MCNEILL RANDY 11143 SW SUMMER LAKE DR TIGARD, OR 97223 1 S 133DA-00300 CALKINS NORENE 11020 SW SUMMER LAKE DR TIGARD, OR 97223 1S133DA-00500 VANSICKLE CHERYL S & 11040 SW SUMMER LAKE DR TIGARD, OR 97223 1 $133DA-00700 ROUSSEAU DAVID E & KATHRYN S 11060 SW SUMMER LAKE DR TIGARD, OR 97223 1S133DA=00900 REED SCOTT M & PAULA J 11080 SW SUMMERLAKE DR TIGARD, OR 97223 1S133DA-01100 BARBER TOM CNLASTA N 11120 SW SUMMER LAKE DRIVE TIGARD, OR 97223 1S133DA-01300 JOHNSON CHRIS E & 11105 SW SUMMER LAKE DR TIGARD, OR 97223 1 S133DA-01500 BARNETT EDWARD J III & JUDITH C 11085 SW SUMMERLAKE DR TIGARD, OR 97223 S 133DA-01600 ' 1 S 133DA-01700 PAXSON BRYAN C AND RITA S DANNER DALE C AND KIMALA R 1075 SW SUMMER LAKE DR l 11067 SW SUMMER LAKE DR TIGARD, OR 97223 TIGARD, OR 97223 1S133DA-01800 1S133DA-01900 MOORMAN LUCILE B BENNETT MARILYN K 11065 SW SUMMERLAKE DR 11055 SW SUMMER LAKE DR TIGARD, OR 97223 TIGARD, OR 97223 1S133DA-02000 1 S 1 33DA-021 00 MOLLET CRAIG F AND JANE N RALL MELINDA LEE 8465 SW SECRETARIET TER 11043 SW SUMMERLAKE DR ' BEAVERTON, OR 97008 TIGARD, OR 97223 1S133DA-02200 1S133DA-02300 REEB HOLLY A SCHENCK CLARICE R & JONATHAN E 11035 SW SUMMER LAKE DR 12965 SW GLACIER LILY CIR TIGARD, OR 97223 TIGARD, OR 97223 1S133DA-02400 1S133DA-02500 ARROYO JAMES WICAROL L HEIM MICHAEL RAY AND 12935 SW GLACIER LILLY CRL 12885 SW GLACIER LILY CIR TIGARD, OR 97223 TIGARD, OR 97223 1 1S133DA-02600 1 S133DA-02700 WILKERSON KENNETH JIURSULA E MEREDITH MICHAEL D & KATHLEEN M 12855 SW GLACIER LILLY CIRCLE 12825 SW GLACIER LILY CIRCLE TIGARD, OR 97223 TIGARD, OR 97223 1 S 133DA-02800 1 S133DA-02900 WYSS MATTHEW C & SHAWNA L GAY CHARLES OIJULIE I & ' 12795 SW GLACIER LILLY CIRCLE 12765 SW GLACIER LILY CIRCLE TIGARD, OR 97223 TIGARD, OR 97223 1 18133DA-03000 1S133DA-03100 THRUMAN DEBRA K YOO JUNG TAEK & DONG JOO 12735 SW GLACIER LILY CIR 12705 SW GLACIER LILLY ' TIGARD, OR 97223 TIGARD, OR 97223 ' 1S133DA-03200 1S133DA-03300 SVICAROVICH GARY A AND ALSHIBLI WALIE R M 12665 SW GLACIER LILY CR PO BOX 230701 ' TIGARD, OR 97223 TIGARD, OR 97281 1 S133DA-03400 'IS133DA-03500 WAKEM LYNN R BARRON GREGORY S AND 12605 SW GLACIER LILLY 12595 SW GLACIER LILY TIGARD, OR 97223 TIGARD, OR 97223 1S133DA-03600 DICKERSON BRUCE & TINA 12575 SW GLACIER LILY CIRCLE TIGARD, OR 97223 1 S 133DA-03800 ' DE GUZMAN GREGORIO B JR AND YOL 12510 SW GLACIER LILLY CIRCLE TIGARD, OR 97223 1S133DA-04000 BLOOM PAUL MARVIN 12530 GLACIER LILLY CIRCLE TIGARD, OR 97223 ' 1S133DA-04200 HALE DIANE F 12550 SW GLACIER LILY CIRCLE TIGARD, OR 97223 1S133DA-04400 ' WINGO JAMES R AND LOIS F 12570 SW GLACIER LILY CIR TIGARD, OR 97223 1 S 133DA-04600 ' REDFIELD JAMES LIPAULA G 12590 SW GLACIER LILY CRL TIGARD, OR 97223 1 1S133DA-04800 . HALBERG EDWIN ANTON III AND 12630 SW GLACIER LILY CIRCLE TIGARD, OR 97223 1S133DA-05000 COULSON BRUCE T & 12700 SW GLACIER LILY CIR TIGARD, OR 97223 1S133DA-05200 BENNETT EARL C 12730 SW GLACIER LILY CR ' TIGARD, OR 97223 IS133DA-05400 DENNIS STEVEN J & DANA L 12820 SW GLACIER LILY CIR TIGARD, OR 97123 ' 1S133DA-03700 MCCLURE KEITH E AND 12545 SW GLACIER LILY TIGARD, OR 97223 1S133DA-03900 ELTON ROBERT G II & LYNN M 12520 SW GLACIER LILY CIRCLE TIGARD, OR 97223 1S133DA-04100 REA KERRY DOUGLAS & 12540 SW GLACIER LILY CIR .TIGARD, OR .97223 1S133DA-04300 COOPER WILLIAM R/LESLIE 12560 SW GLACIER LILY CIRCLE TIGARD, OR 97223 1S133DA-04500 BANTA HOWARD E AND JOAN A 12580 SW GLACIER LILY CR TIGARD, OR 97223 1 S133DA-04700 WALTERS FLIEGLE M & MARGARET A 12600 SW GLACIER LILY CIR TIGARD, OR 97223 1$133DA-04900 NGUYEN DU VAN 12660 SW GLACIER LILLY CIR TIGARD, OR 97223 1 S133DA-05100 PULITO GERALDINE K & 12730 SW GLACIER LILY CR TIGARD, OR 97223 1S133DA-05300 POULSEN LAWRENCE L AND 12790 SW GLACIER LILLY TIGARD, OR 97223 IS133DA-05500 LUTZ ARTHUR A & CAROL ANN 12880 SW GLACIER LILY CIRCLE TIGARD, OR 97223 1 S133DA-05600 1 S133DA-05700 HERNDOBLER ALLAN R & SUE MCLEOD KAREN L AND 12910 SW GLACIER LILY CIR 12920 SW GLACIER LILY CIRCLE TIGARD, OR 97223 TIGARD, OR 97223 1 S133DA-05800 1S133DA-05900 GATES RONALD C & LISA J SHANKS MARK S & MARY M 12930 SW GLACIER LILY CIR 12940 SW GLACIER LILY CIRCLE TIGARD, OR 97223 TIGARD, OR 97223 ' 1S133DA-06000 1S133DA-06100 GARBARINO GERALD LYNN HEIDT ROBERT A AND 12950 SW GLACIER LILY CIR 12960 SW GLACIER LILLY CIR ' TIGARD, OR 97223 TIGARD, OR 97223 ' 1S133DA-06200 1S133DA-06300 BAUMGARTNER ROBERT P & SUSAN K PADDACK RYCHEN M & 12970 SW GLACIER LILY CIRCLE 11025 SW SUMMERLAKE DR TIGARD, OR 97223 TIGARD, OR 97223 1Si33DA-06400 1S133DA-06500 ' FORCE THOMAS H AND FROST JACK EDWIN & PO BOX 1194 14875 SW 141 ST AVE TUALATIN, OR 97062 TIGARD, OR 97224 1 1 S 133DA-06600 1 S133DA-06700 ' KARAS FRANCES ANN WILLIAMS KEVIN L AND 12880 SW HAWKS BEARD ST 12900 SW HAWKS BEARD ST TIGARD, OR 97223 TIGARD, OR 97223 1 1 S 133DA-06800 1 S 133DA-06900 BADENOCH JAMES A AND SWANSON WILLIAM DONALD 12920 SW HAWK'S BEARD ST 12940 SW HAWKS BEARD ST TIGARD, OR 97223 TIGARD, OR 97223 ' 1S133DA-07000 1S133DA-07100 KOPPLIEN KAREN J HALL DOROTHY A 12960 SW HAWKS BEARD ST 12980 SW HAWKS BEARD TIGARD, OR 97223 TIGARD, OR 97223 1S133DA- 200 1S133DA-07400 TI R ITY OF WASHINGTON COUNTY 131 W HALL 111 SE WASHINGTON ST TI ARD, 97223 HILLSBORO, OR 97123 ' 1S133DA-07500 1S133DA-07600 WASHINGTON COUNTY KRUGER DENNIS A & WENDY L 150 N FIRST AVE RM B-7 12612 SW SNOW BRUSH CT HILLBORO, OR 97124 TIGARD, OR 97223 lS133DA-07700 ' COFFEY JOEL R AND ALINE P 12624 SW SNOWBRUSH CT TIGARD, OR 97223 1 S 133DA-07900 ALLEN TREVOR & HEATHER K 12648 SNOW BRUSH CT TIGARD, OR 97223 1S133DA-08600 JONES KENNETH A & 12617 SW SNOWBRUSH CT ' TIGARD, OR 97223 1 S133DA-08800 GUBUAN CARMEN & GREGG 11052 SW 130TH AVE TIGARD, OR 97223 1S133DA-09000 ' VAUGHN PAUL J & MARY H 11096 SW 130TH AVE ' TIGARD, OR 97223 1S133DA-09200 WILLIAMS JEANNE A & 11134 SW 130TH AVE TIGARD, OR 97223 1 1 133DA- 00 TIGANr CITY OF 131 HALL TI ARD, 97223 1 S133DB-00101 TIG D OF ' 1312 HALL TI D, 0 97223 1S133DB-03700 ANDERSON DENISE 11465 SW WINTERLAKE OR TIGARD, OR 97223 1 S133DB-03900 SUNDAY THOMAS A & THERESE M 11425 SW WINTERLAKE DR TIGARD, OR 97223 1 S 133DA-07800 CODD DENNIS M AND JOAN M 12636 SW SNOW BRUSH CT TIGARD, OR 97223 1 S133DA-08000 SLOAN DANIEL J/CONNIE J 12660 SW SNOW BRUSH CT TIGARD, OR 97223 1 S133DA-08700 FRANKLIN DAVID A & NANCY L 12609 SW SNOW BRUSH CT TIGARD, OR 97223 IS133DA-08900 GRAY EVELYN LEE 11078 SW 130TH AVE TIGARD, OR 97223 1S133DA-09100 MERRILL CAROL L 11110 SW 130TH TIGARD, OR 97223 1 S133DA-09300 JOHNSON MARGERY EATON 11156 SW 130TH AVENUE TIGARD, OR 97223 1S133DA-0 0 Tl Z 1TY OF 131 W HALL T ARD, R 97223 181 3DB-00 04 TIG AftpWTY OF 1312 HALL TI RD, O 97223 1S13308-03800 HALL CHRISTINE A 11445 SW WINTERLAKE DR TIGARD, OR 97223 1 S133DB-04000 JENKINS WILLIAM R & CAROL LEE 11405 SW WINTERLAKE DR TIGARD, OR' 97223 IS133DB-04400 ALBERTSON DARREN S & VICTORIA L 11381 SW WINTERLAKE DR TIGARD, OR 97223 1 S 133DB-04600 ' HORNIBROOK DAVID WAYNE AND 13112 SW WINTERLAKE CT TIGARD, OR 97223 ' 1S133DB-04800 COX CARL D & 13156 SW WINTERLAKE CT ' TIGARD, OR 97223 1S133DB-05000 BREITBARTH NIKKI A 13123 SW WINTERLAKE CT TIGARD, OR 97223 1S133DB-05200 ' MOGA MIRCEA & MARIA 19245 SW WINTERLAKE DR TIGARD, OR 97223 1 S 133DB-05400 ' GIOIA CARL V AND KATHLEEN A 11201 SW WINTER LAKE DRIVE TIGARD, OR 97223 1S133DB-05600 BOURQUE GARY T & TANJA M ' 11074 SW 131ST PL TIGARD, OR 97223 ' iS133DB-06000 JAIMES TOMAS JR ' 11001 SW ESCHMAN WAY TIGARD OR 97223 , ' 1S133DB-06200 FORCUM THEODORE L III 11047 SW ESCHMAN WAY ' TIGARD, OR 97223 ' 1S133DB-06400 HICKEY JAMES S III 11061 SW ESCHMAN WAY TIGARD, OR 97223 1 S 133DB-04500 GARBOT DAVID R & JEAN E 11369 SW WINTER LAKE OR TIGARD, OR 97223 iS133DB-04700 WALSH MICHAEL L & CHERYL L 13134 SW WINTER LAKE CT TIGARD, OR 97223 iS133DB-04900 LEHNOW JOSEPH E/LESLIE J 13145 SW WINTERLAKE CT TIGARD, OR 97223 1 S 133DB-05100 MISENER GEORGE W & ELIZABETH C 13101 SW WINTER LAKE CT TIGARD, OR 97223 1S133DB-05300 CHEW FREDDIE AND 11223 SW WINTERLAKE OR TIGARD, OR 97223 1 S133DB-05500 HALL MARK T 11090 SW 131ST PL TIGARD, OR 97223 IS133DB-05700 BURKE KATHLEEN M 11056 SW 131ST PORTLAND, OR 97223 1S133DB-06100 ITO GARY SHIGEO & JANICE 11025 SW ESCHMAN WAY TIGARD, OR 97223 1S133DB-06301 HUGHES SHARONISTEPHEN P 11069 SW ESCHMAN WAY TIGARD, OR 97223 iS133DB-06500 MEYERS ALLAN WAYNE 11103 SW ESCHMAN WAY TIGARD, OR 97223 1S133DB-06600 CICERO ANTHONY CIROSALIE A 11127 SW ESCHMAN WAY TIGARD, OR 97223 1 S 133DB-06800 SHELTON SCOTT" K & JUDITH L 11076 SW ESCHMAN WAY TIGARD, OR 97223 1S133DB-07000 DAVIS FAMILY TRUST 10585 SW 161ST CT BEAVERTON, OR 97007 1S1 DB- 00 TIG ITY OF 1312 S HALL TI D . 97223 1S133DC-09500 BETTINELLI JEFFREY A 14615 SW JULIET TERR TIGARD, OR 97224 ' 1 S 133DC-09700 BELLAIRS DON E 13165 SW SHORE DR PORTLAND, OR 97223 1 S 133OC-09900 BECK CHARLES H & PAULA 13145 SW SHORE DR TIGARD, OR 97223 1S133DC-10100 KROON ROBERT J AND CYNTHIA A 13125 SW SHORE DRIVE TIGARD, OR 97223 IS133DC-10300 MILLER JOHN M 13220 SW BRITTANY DR TIGARD, OR 97223 1 S133OC-10500 STOCK MICHAEL K AND MARY L 13240 SW BRITTANY TIGARD, OR 97223 1 1S133DB-06700 GERKING MICHAEL W & GREGORY G 11149 SW ESCHMAN WAY TIGARD, OR 97223 1S133DB-06900 MULLEN RICHARD A & ELAINE 11054 SW ESCHMAN WAY TIGARD, OR 97223 1S133DB-07100 HANSEN MATTHEW K 11010 SW ESCHMAN WAY TIGARD, OR 97223 IIS13313C-00505 LIDDELL GERALD M & MELANIE B 11655 SW WINTERLAKE DR TIGARD, OR 97223 1 S 133DC-09600 CHRISTENSON CHRIS & EUNICE M 13175 SW SHORE DR TIGARD, OR 97223 1 S133DC-09800 STOCKTON TIM WAYNE AND 13155 SW SHORE DRIVE TIGARD, OR 97223 1 S 133DC-10000 VINCENT MADELINE C E 13135 SW SHORE DRIVE TIGARD, OR 97223 IS133DC-10200 PAVLUKOVICH ROBERT 13210 SW BRITTANY DR TIGARD, OR 97223 1S133DC-10400 WISE LARRY J 13230 SW BRITTANY DR TIGARD, OR 97223 1S133DC-10600 KRONER SHERRY S 13235 SW BRITTANY DR TIGARD, OR 97223 1S133DC-10700 1S133DC-10800 DAVIS RAYMOND LAND HICKS CHARLES G 13325 SW BRITTANY DRIVE 13215 SW BRITTANY DR TIGARD, OR 97223 TIGARD, OR 97223 1S133DC-13700 1S133DC-13800 HEWITT BRENT J & C ELIZABETH MOLLAGHAFFARI MASSOUD & 13174 SW SHORE DR 13162 SW SHORE DR TIGARD, OR 97223 TIGARD, OR 97223 1S133DC-1390D 1S133DC-14000 COLLINS CRAIG R FREASE LILLIAN 13158 SW SHORE DRIVE PO BOX 680 TIGARD, OR 97223 AMITY, OR 97101 1S133DC-14100. 1S133DC-14200 PORTER BRIAN RAY MOORE JEFFREY K & LINDA M 13132 SW SHORE DR 13122 SW SHORE DR TIGARD, OR 97223 TIGARD, OR 97223 1S133DC-14300 1S133OC-14400 BRUERD RENEA J & DAVID M O'BIEN JAMES M & 16025 SW CORMORANT 11607 SW WINTERLAKE DR BEAVERTON, OR 97007 TIGARD, OR 97223 1S133DC-14500 1S133DC-15200 JONES KEITH D & MORITA YOSABURO & YOKO 11621 SW WINTERLAKE 13087 SW TAMERA LANE TIGARD, OR 97223 TIGARD, OR 97223 1 S 133DC-15300 1 S 133DC-15400 HOSEK ROBERT S & LORETA S LEE SANG T & GUK J 13045 SW TAMERA LN 12975 SW CANYON RD TIGARD, OR 97223 BEAVERTON, OR 97005 1 1 S133DC-15500 1 S 133OC-15600 WOLD MARK K AND JOYCE ELAINE MARTIN JOSEPH H & ROSEANNE M 12923 SW LAURMONT DR 12901 SW LAURMONT DR TIGARD, OR 97223 TIGARD, OR .97223 ' 1S133DC-15700 IS133DC-15800 COHOON STEPHEN A & KATHY B YEUNG WALLACE 12930 SW LAURMONT DR 12999 SW FALCON RISE DR TIGARD, OR 97223 TIGARD, OR 97223 1S133DC-15900 1S133DC-16000 SUCH TRACI A & STEPHEN P WHITE NADINE R 12974 SW LAURMONT DR 12996 SW LAURMONT DR TIGARD, OR 97223 TIGARD, OR 97223 1S133DC-16100 1S133DC-16200 BANKS LEROY Y PARK ROBERT L & MICHELLE R 13018 SW LAURMOND DR 13032 SW LAURMONT DR TIGARD, OR 97223 TIGARD; OR 97223 1S133DC-18200 1S133DC-18300 GIRTMAN OPAL B TR BUTLER JAMES E AND SUSAN 22 GRAVATT DR 13058 SW TAMERA LANE BERKLEY, CA 94705 TIGARD, OR 97223 1 1S133DD-00300 1S133DD-00400 TORTORA RENO THOMAS & RUTH ANN HALVORSON LEIF M & 11601 SW 1297H PLACE 11623 SW 129TH PL TIGARD, OR 97223 TIGARD, OR 97223 1S133DD-00500 1S133DD-00600 DUTTON CHARLES T & 12UMI M BIALOWAS PAWEL W & BARBARA U •11645 SW 129TH PLACE 11667 SW 129TH PL TIGARD, OR 97223 TIGARD, OR 97223 1S133DD-00700 1S733DD-00800 ANGELES MAXIMO & SOCORRO CUVIN JOSE HILARIO A JR AND 11689 SW 129TH PL 11703 SW 129TH PL TIGARD, OR 97223 TIGARD, OR 97223 1 S 133DD-00900 1 S 133DD-01000 KRUGER SCOTT & ANN MITCHELL DENNIS J AND SUSANA D 11725 SW 129TH PL 11747 SW 129TH TIGARD, OR 97223 TIGARD, OR 97223 1S13300-01700 1S133DD-01800 SAX ROBERT JICYNTHIA MORRIS 11734 SW 129TH PL PUN YING KIT & 16135 SW BLACKBIRD DR TIGARD, OR 97223 BEA1(ERTON, OR 97007 1 1S133DD-01900 iS133DD-02000 NATOLI ANGELO L & ALICE M BLANKENSHIP JACK D & BARBARA L 12934 SW VILLAGE LN 12912 SW VILLAGE PKWY 1 TIGARD, OR 97223 TIGARD, OR 97223 1 S133DD-02100 l S 133DD-02200 PAUL CATHERINE DONAHUE SIE JR & DARSELLA A 12890 SW VILLAGE PARK LN 12878 SW VILLAGE PARK LN TIGARD, OR 97223 TIGARD, OR 97223 1S133DD-02300 1S133DD-02400 KAMERY LEE W AND CHANG ANGELINE D & 12865 SW VILLAGE PARK LN 12887 SW VILLAGE PARK LN TIGARD, OR 97223 TIGARD, OR 97223. 1 S133DD-02500 BETZ LARRY D & DEBBIE L 1 S1 330D-02600 COUCH LERON D AND TAMBERLY ANN 12903 SW VILLAGE PARK LN 12925 SW VILLAGE PARK LN TIGARD, OR 97223 TIGARD, OR 97223 1 S133OD-02700 1S133DD-02800 BARGHOUTY YASER S & KHUZAIMA M SOMAYAZULU V S 12932 SW WINTERLAKE DR 12910 SW WINTERLAKE OR TIGARD, OR 97223 TIGARD, OR 97223 ' 1S133DD-02900 1S133DD-03000 EASTMAN DANIEL A & MARY L WILK DAVID ADAM & MCCOLLEY 12898 SW WINTER LAKE OR 12876 SW WINTERLAKE DR TIGARD, OR 97223 TIGARD, OR 97223 1S133DD-03100 1S133DD-03200 NAGANUMA KATE P & TRAVIS J SHELTON DANIEL G & THERESA M 12852 SW WINTERLAKE DR 12623 SW BRIDGEVIEW CT TIGARD, OR 97223 TIGARD, OR 97223 1 S133DD-03300 1 S133DD-03400 COOK JOHN E & PANSY L SLETTA RONALD L & CAROLE M 12611 SW BRIDGEVIEW CT 12599 SW BRIDGEVIEW CT TIGARD, OR 97223 TIGARD, OR 97223 1 S133DD-03500 1S133DD-03600 PATEL BIPINCHANDRA J & KUMUD GHIM YOUNGSOON & 4801 N INTERSTATE AVE 12575 SW BRIDGEVIEW CT PORTLAND, OR 97217 TIGARD, OR 97223 1 S 133DD-03700 1 S133DD-03800 ' TOPP STEVEN W AND 12566 SW BRIDGEVIEW CT GUTHRIE DAVID J AND MARTHA A 12554 SW BRIDGEVIEW CT TIGARD, OR 97223 TIGARD, OR 97223 1S133DD-03900 1S133DD-04000 PAGET ALAN E & TAYLOR JOHN DAVID & JUDITH WILL 12542 SW BRIDGEVIEW CT 12558 SW BRIDGEVIEW CT TIGARD, OR 97223 TIGARD, OR 97223 1S133DD-04100 iS133DD-04200 CANNARD MARK E & LINDA F MAHR CHRISTOPHER L & 11558 SW SHOREVIEW PL 11574 SHOREVIEW PL TIGARD, OR 97223 TIGARD, OR 97223 1S133DD-04300 1S133DD-04400 KARR LEE W/MURIEL J MOLLAGHAFFARI MASSOUD & 11581 SW SHOREVIEW PL 11577 SW SHOREVIEW PLACE TIGARD, OR 97223 TIGARD, OR 97223 1S133DD-04500 LOUIE MELVIN & MARY B 1S133DD-04600 PROVANCHER RICHARD A & ANNETTE . 11561 SW SHOREVIEW PL 11555 SW SHOREVIEW PL TIGARD, OR 97223 TIGARD, OR 97223 1 S133DD-04700 1 S133DD-04800 ANDERSON RICHARD L & JEAN A BISTRICEANU VALERIU & ELISABETA 11553 SW SHOREVIEW PL 11537 SW SHOREVIEW PLACE TIGARD, OR 97223 TIGARD, OR 97223 1 S133DD-04900 1S133OD-05000 UONG HOANG DINH AND ANN HASUIKE ARTHUR A & SUZANNE S 11529 SW SHOREVIEW PL 11515 SW SHOREVIEW PLACE TIGARD, OR 97223 TIGARD, OR 97223 1S133DD-05100 1S133DD-05200 RUBENSTEIN LAURIE JO & JACKSON ELIZABETH S TRUSTEE 4120 SW VACUNA 11522 SW LAKEVIEW CT PORTLAND, OR 97219 TIGARD, OR 97223 1S133DD-05300 1S133DD-05400 JACKSON DOUGLAS A & DONNA L CRISS KENT EIfERESA L 11546 SW LAKEVIEW TERRACE 11568 SW LAKEVIEW TERRACE TIGARD, OR 97223 TIGARD, OR 97223 1 S133DD-05500 1 S133DD-05600 GREENWOOD ROBERT A & SHIRLEY J ISAACS MICHAEL A AND CHERYL A 12769 SW WINTERLAKE DR 12753 SW WINTERLAKE DRIVE TIGARD, OR 97223 TIGARD, OR 97223 1 S133DD-05700 iS133DD-05800 WHEELER WILLIAM & EVELYN TRS 12695 SW WINTERLAKE DR NG HOI & GEOK-PENG 13731 SW AERIE DR TIGARD, OR 97223 TIGARD, OR 97223 1 S 133DD-05900 1 S133DD-06000 FULTON COLBY L & DEBRA L PRICE ANTHONY D & LAURIE L ' 12651 SW WINTER LAKE DR 12627 SW WINTERLAKE DR TIGARD, OR 97223 TIGARD, OR 97223 1 S 133DD-06100 1 S 133OD-06200 RESNIKOFF STEVEN B & LISA E WILSON NICHOLAS G/SUNI A 12599 SW WINTERLAKE DR 12573 SW WINTERLAKE DR TIGARD, OR 97223 TIGARD, OR 97223 IS133DD-06300 1S133DD-06400 LIAU YEUAN-JEN & WU MEI-YING VARNUM STEVEN S & 12541 SW WINTERLAKE DR 12511 SW WINTERLAKE DR TIGARD, OR 97223 TIGARD, OR 97223-7869 i S 133DD-06500 1 S 133DD-06600 CARLSON ROY M JR & DEANNA M QUIDING FLOYD A & LYNN M 11698 SW 125TH CT 11736 SW 125TH CT TIGARD, OR 97223 TIGARD, OR 97223 1 S133DD-06700 1 S133DD-06800 YOUNG HOWARD E & JACQUELYN M LEE BILL SHEK & LING LAI 12584 SW WINTERLAKE DR 12610 SW WINTER LAKE DRIVE TIGARD, OR 97223 TIGARD, OR 97223 1S133DD-06900 1S133DD-07000 ROME RONALD & JONI HARRIS BRADLEY K & SUSAN J 12636 SW WINTERLAKE DR 12664 SW WINTERLAKE DR TIGARD, OR 97223 TIGARD, OR 97223 1 S133DD-07100 1 S133OD-07200 EBNER JANICE M FERRERA MICHAEL H & REBECCA J 12682 SW DANBUSH CT 12714 SW DANBUSH CT TIGARD, OR 97223 TIGARD, OR 97223 I S133DD-07300 I S133DD-07400 ALBAUGH JOSEPH BLAINE & DEANN R ALBAUGH JAMES B & 12726 SW DANBUSH CT 12739 SW DANBUSH CT TIGARD, OR 97223 TIGARD, OR 97223 1 S 133DD-07500 1S133DD-07600 CHAPPINA JOHN P NGUYEN THOI H & LAURI L 12743 SW DANBUSH 12755 SW DANBUSH TIGARD, OR 97223 TIGARD, OR 97223 1 S133DD-07700 1S133DD-07800 ALDRICH DAVID WILLIAM & ANGEL LEON BILL & BILLIE 12761 SW DANBUSH 12778 SW WINTER LAKE DR TIGARD, OR 97223 TIGARD, OR 97223 I S133OD-07900 1 S 133DO-08000 HSU CHI I & SEDIK MICHAEL K AND KATHLEEN G ' 12796 SW WINTERLAKE OR 12804 SW WINTERLAKE TIGARD, OR 97223 TIGARD, OR 91223 1513 D 100 1S1 DD-0 00 TIGA ITY OF TIGA OF 1312 HALL 13125 HALL TI RD, 97223 TIGA 0 97223 l S133DD-08300 1S133DD-08400 TROUNG TU BON AND PADBURY CRAIG E & JULIE M 11624 SW 128TH AVE 11646 SW 128TH AVE TIGARD, OR 97223 TIGARD, OR 97223 i • 1 S 133DD-08500 TURPIN JOHN F & KARRIE J . 11680 SW 128TH AVE TIGARD, OR 97223 1S133DD-08700 CHOY DAVID T W & MARGARET M 11722 SW 128TH AVE TIGARD, OR 97223 IS133DD-08900 MALINIS MANUEL S AND GLORIA Y 12777 SW FALCON RISE DR TIGARD, OR 97223 1S133DD-09100 PELHAM JOHN CILISA M 12745 SW FALCON RISE DR OR 97223 TIGARD , IS133DD-09600 KING TOM S & LISA L 12619 SW FALCON RISE DR TIGARD, OR 97223 1S133DD-01800 LAI YANG TRI AND CO LIEN 12579 SW FALCON RISE DR TIGARD, OR 97223 1S133DD-10000 GARSTECK CHRISTINE 11774 SW 125TH CT TIGARD, OR 97223 1S133DD-15000 MENZIES BRUCE D & KATHLEEN A 11735 SW 128TH AVE TIGARD, OR 97223 1S133DD-15200 MULLENS MARYANNE C 12862 SW VILLAGE PARK LN TIGARD, OR 97223 1 S134CB-00206 LANG KENNETH GARY 12540 SW SUMMERCREST DR TIGARD, OR 17223 1 S 133DD-08600 WHALEN MARTIN J 11692 SW 128TH AVE TIGARD, OR 97223 1S133DD-08800 MOFFITT THOMAS O & MOTOKO 1 12799 SW FALCON RISE DR TIGARD, OR 97223 1 S 133DD-09000 BENDECK ANTHONY & WENDY M 12757 SW FALCON RISE DR TIGARD, OR 97223 1 $133DD-09500 WRIGHT GARD R & KATHERINE L 12643 SW FALCON RISE DR TIGARD, OR 97223 1S133DD-09700 YEH VICTORIA UDANNY 12595 SW FALCON RISE DR TIGARD, OR 97223 1 S 1 33DD-09900 KEICHER HARLEY S & AUDREY I 11756 SW 125TH CT TIGARD, OR 97223 1S133DD-10100 CROSBY RANDALL P AND GINA R 11782 SW 125TH CT TIGARD, OR 97223 1S133DD-15100 ORR JOHN K III 11711 SW 128TH AVE TIGARD, OR 97223 1S133DD-15300 KI WILLIAM WAND ELSA K 12843 SW VILLAGE PARK LN TIGARD, OR 97223 1S134C"0207 MASON LLOYD C & MYRNA R TRS 12535 SW SUMMERCREST DR TIGARD, OR 97223 1 1 S134CB-00500 1 S134CB-00600 AGNESSE PHILIPPE P & RACHEL J ANDERSEN CHRISTOPHER D & 12185 SW SUMMER ST 12215 SW SUMMER ST TIGARD, OR 97223 TIGARD, OR 97223 r 1 S 134CB-00700 1 S 134CB-00800 DEFFERDING CHRIS F AND BAROWAY RICHARD & DIANNE E 12245 SW SUMMER 13675 SW WEIR RD TIGARD, OR 97223 BEAVERTON, OR 97008 r 1S134CB-00900 1S134CB-01000 ALBERTSON GENEVIEVE M BRUHN WALTER H & SANDRA LEE 12305 SW SUMMER 12495 SW SUMMERCREST DR TIGARD, OR 97223 TIGARD, OR 97223 1S134CB-01100 1S134CB-01200 PATTERSON KATHLEEN J TORRANCE RICHARD C 12335 SW SUMMER ST 12320 SW SUMMER ST TIGARD, OR 97223 TIGARD, OR 97223 1 S134CB-01300 1 S134CB-01400 BURKE MARIE CIRICHARD D MACHAN GEORGE MARY ANN 12280 SW SUMMER ST 12250 SW SUMMER ST TIGARD, OR 97223 PORTLAND, OR 97223 1S134CB-01600 GALLOWA R DOUGLAS JUDITH 1S134CB-01700 -TERRILL GERVIS AIDORTHA L 12190 SW SUMMER ST 12160 SW SUMMER TIGARD, OR 97223 TIGARD, OR 97223 r 1 S134CB-02000 1S134CB-02100 MASON JON D & KARI G HALLBERG ROBERT E ' 12145 SW SUMMER CREST DR 12175 SW SUMMERCREST DR TIGARD, OR 97223 TIGARD, OR 97223 1S134CB-02200 1S134CB-02300 YAHN CHRISTIAN R & CAROLINE M BROWN JAMES LELAND 12250 SW SUMMERCREST DR 12235 SW SUMMER CREST DRIVE ' TIGARD, OR 97223 TIGARD, OR 97223 1S134CB-02400 1S134CB-02600 LOVER JANICE DAVIS JOHN EDWARD 12305 SW SUMMERCREST DR 12150 SW SUMMER CREST OR TIGARD, OR 97223 TIGARD, OR 97223 1S134CB-02700 1S134CB-02800 BLACK R NEAL AND SANDRA V DUFF DON W & MARTHA S 561 E DRIFTWOOD DR 12210 SW SUMMERCREST DR FRESNO, CA 93721 PORTLAND, OR 97223 1 S 134CB-02900 1 S134CB-03000 FINNEY TODD A AND SANDRA L ARAVE QUINN D BYRLE 12240 SW SUMMER CREST DR 12270 SW SUMMER CREST DR TIGARD, OR 97223 TIGARD, OR 97223 1 S134CB-03100 1 S134CB-03200 WOLD VALDA PRIDE ELIZA JANE 12330 SW SUMMERCREST DR 116 SE EVANS RD TIGARD, OR 97223 CORBETT, OR 97019 1S134CB-03300 IS134CB-03400 RENNO RICHARD L PAMELA JENSEN PAUL L & CAROLYN A 12390 SW SUMMER CREST DR 12420 SW SUMMERCREST DR TIGARD, OR 97223 TIGARD, OR 97223 1S134CB43500 1S134CB-03600 OWENS THOMAS R & BONNIE L TRS BETTON KAY L 12450 SW SUMMERCREST DR 12480 SW SUMER CREST DR 1 TIGARD, OR 97224 TIGARD, OR 97223 1S134CS-03700 1S1 CB-0 0 REYNOLDS STANLEY T PUBL OR GREENWAY 12510 SW SUMMER CREST DRIVE f~ 0 PORTLAND, OR 97723 C 1St B-03 1 1S134CB-04800 GREEN DEDICATION TO THE BIGELOW JOHN & AMY A PUBLI 12330 SW NORTH DAKOTA ST 0 00 TIGARD, OR 97223 1 1 S134CS-04900 1S134CB-05000 SEICIANU VALENTIN C & DONNA G LIU CHEN & 12350 SW NORTH DAKOTA 12370 SW NORTH DAKOTA TIGARD, OR 97223 TIGARD, OR 97223 1S134CB-05100 18134CB-05200 HOGGATT KENNETH E & PHYLLIS LOPEZ FRANCISCO E & SARAH G 12390 SW NORTH DAKOTA 12560 SW SUMMERCREST DR PORTLAND, OR 97223 TIGARD, OR 97223 1 S 134CB-05300 1 S 134CB-05400 HICKENBOTTOM HOUSTON H AND VANDEBERGHE DENNIS C & MICHELE 11105 SW TONY CT 11125 SW TONY CT TIGARD, OR 97223 TIGARD, OR 97223 1 S134CB-05500 1S134CB-05600 BITHER MARIANN E GAUL FRANCES 11135 SW TONY CT 11130 TONY CT OR 97223 TIGARD PORTLAND, OR 97223 , I S 134CB-05700 ' JOHNSON MARK EIDEBORAH G 11100 SW TONY CT TIGARD, OR 97223 1 S134CB-05800 JOHNSON MARK E AND 11100 SW TONY CT TIGARD, OR 97223 1SI34CB-06000 AUSTIN ROBERT H & LESLIE K 12440 SW NORTH DAKOTA ST TIGARD, OR 97223 1 S 134CB-06200 RDQ PROPERTIES LLC ' 2105 PEREGRINE CT OR 97068 WEST LINN , 1S134CB-06400 ROBINSON JULIE M 12480 SW NORTH DAKOTA ST TIGARD, OR 97223 - 1S134CB-06601 GLENN JACQUELINE 12500 SW NORTH DAKOTA TIGARD, OR 97224 1 S 134CB-06800 GUTIERREZ EMERITO Z & MA ANITA 12460 SW ANTON DR TIGARD, OR 97223 1S134CB-07000 ELSTROM ROY N AND AGNES E 12445 SW NORTH DAKOTA ST TIGARD, OR 97223 1S134CB-07200 SURITS IGOR 11185 SW 125TH PL TIGARD, OR 97223 1S134CB-07400 IRWIN MARK A AND NANCY J 11135 SW 125TH PLACE TIGARD, OR 97223 1 S134CB-05701 IBSIES BASIM AMININIHAYA BASIM 11110 SW TONY CT TIGARD, OR 97223 18134CB-05900 ROHLF ROBERT C AND 12430 SW NORTH DAKOTA'ST TIGARD, OR 97223 1 S134CB-06100 GROCE OLIVER B 12450 SW NORTH DAKOTA ST TIGARD, OR 97223 1 S 134CB-06300 AFRANJI JHAD & RIMA 12470 SW NORTH DAKOTA ST TIGARD, OR 97223 1 S 134C6-06500 SPEZZA BUD & CARMEN 14268 SW .134TH TIGARD, OR 97224 1 S134CB-06700 HARMAN JOHN N & MARY C 12495 SW ANTON DR TIGARD, OR 97223 i SI34CB-06900 BREAUX ROGER J & GRACE K 12455 SW NORTH DAKOTA ST TIGARD, OR 97223 IS734CB-07100 LAWRENCE ROGER BIJOANNA L 17385 SW ALVORD LANE ALOHA, OR 97007 1 S 134CB-07300 SCHULZ DONNA 11165 SW 125TH PL TIGARD, OR 97223 1S134CB-07500 HARRINGTON DAMIAN L & JENNIFER 11125 SW 125TH PL TIGARD, OR 97223 1 S134CS-07600 1 S134CB-07700 ' WALLICK ELAINE L POWER JAMES D & ANNETTE J 11110 SW 125TH PLACE 11130 SW 125TH PL TIGARD, OR 97223 TIGARD, OR 97223 1 S134CB-07800 1S134CB-07900 DELUCA JUDY L JOHNSON MICHAEL L & LYNNE E 17726 OVERLOOK LN 11170 SW 125TH PL LAKE OSWEGO. OR 97034 TIGARD, OR 97223 1 1 S134CB-08000 1 S134CB-10100 MARTING MERLAN L & PHAM HIEU D & 1190 SW 125TH PL 12550 SW EDGEWATER CT TIGARD, OR 97223 TIGARD, OR 97223 1S134CB-10200 1 S 1 34CB-1 0201 STANDRIDGE JAMES E & JILL K DONIVAN ETTA A 12454 SW EDGEWATER CT 12476 SW EDGEWATER CT TIGARD, OR 97223 TIGARD, OR 97223 1S134CB-10300 1S134CB-10400 GUCKER WILLIAM CAMP VANSANTVOORD AND 12492 SW EDGEWATER 12401 SW EDGEWATER CT TIGARD, OR 97224 TIGARD, OR 97223 1S134CB-10500 LAU KENDRICK M K & ALICIA L 1S134CB-10600 fELLOWS JEREMY L & PATRICIA J 12469 SW EDGEWATER CT 12447 SW EDGEWATER CT TIGARD, OR 97223 TIGARD, OR 97223 1 1S134CB-10700 1S134CS-10800 HALVORSON WILLIAM R & JANE KIZER LILLIE M TRUSTEE ' 12555 SW SUMMER CREST 12389 SW MILLVIEW CT PORTLAND, OR 97223 TIGARD, OR 97223 1S134CB-12800 1S134CB-12900 GLENN ROBERT I COOK JOHN L & TERESA L 12290 SW MILLVIEW CT 12314 SW MILLVIEW CT TIGARD, OR 97223 TIGARD, OR 97223 1 S134CS-13000 I S 134CB-13100 TE-CHENG HUANG DOUGLAS BERGER SCOTT LEE 12336 SW MILLVIEW CT 12348 SE MILL VIEW CT TIGARD, OR 97223 TIGARD, OR 97223 1S134CB-13200 1S134CB-13300 REAL RAYMOND MYERS CRAIG & KELLY L 12350 SW MILLVIEW CT 12372 SW MILLVIEW COURT i TIGARD, OR 97223 TIGARD, OR 97223 1 1S134CB-13400 POLLOCK JAN MARIE 1S134CS-13500 SMITH ALAN C & DEBORAH B 12394 SW MILLVIEW CT 12398 MILL VIEW CT TIGARD, OR 97223 TIGARD, OR 97223 1S134CB-16400 1S134026-16 DEHARPPORT DAVID J & SUSAN B DE P RT DAVID J & SUSAN B ; PO BOX 1577 PO K 5 VERTON, OR 97075 BEA B , OR 97075 ERT 1S134CB-16600 1S134CB-16700 SCHWAGER KAREN WILBUR ERIK J & JOANNA C 12438 SW ANTON DR 12406 SW ANTON DR TIGARD, OR 97223 TIGARD, OR 97223 1S134CB-16800 1S134CC-001 MILLIS JILL D HED K WARD RJR 12394 SW ANTON DR 12175 MERESTONE CT ' TIGARD, OR 97223 TIG D, 97223 1S134CC-00100 1S134CC-00102 HEDRICK HOWARD R JR KUHN HERMAN JOHN 12175 SW MERESTONE CT 12145 SW MERESTONE CT TIGARD, OR 97223 TIGARD, OR 97223 1S134CC-00103 1S134CC-00104 HARRIS-INMAN RUTH ANN DAVIS MARY L 12185 SW MERESTONE CT 12165 SW MERESTONE CT TIGARD, OR 97223 TIGARD, OR 97223 1 S134CC-00300 1 S134CC-00400 KUHN HERMAN JOHN VAN VACTOR JOHN W 12145 SW MERESTON CT 12155 SW MERESTONE CT TIGARD, OR 97223 TIGARD, OR 97223 1S134CC-00500 1S1 CC-00 DAVIS MARY L AND ROBERT M HEDRI WARD RJR 12165 SW MERESTONE CT OR 97223 TIGARD 12175 RESTONE CT TIG D, OR 7223 , ' 18134CC-00700 1S134CC-00800 HARRIS-INMAN RUTH ANN CREEK DONALD W & TINA M 12185 SW MERESTONE CT 12190 SW MERESTONE CT ' TIGARD, OR 97223 TIGARD, OR 97223 1S134CC-DD900 1S134CC-01000 NEWTH LARRY G AND BERNARD BRADLEY S/JENNIFER L 12180 SW MERESTONE COURT PO BOX 23608 TIGARD, OR 97223 TIGARD, OR 97281 1S134CC-01100 WIESMAN CHARLES R & BERYL JEAN 1S134CC-0 0 ARD TY OF 12160 SW MERESTONE CT 13 W HALL TIGARD, OR 97223 T AR R 97223 1 S 134CC-01700 2 CC-02 SCHOOL DISTRICT #23 JT TIGA OF 13137 SW PACIFIC HWY 13125 L TIGARD, OR 97223 TIG D, O 97223 1 S134CC-03400 1 S134CC-03500 HILLYER BRUCE A & LISA A ZIELINSKI KRZYSZTOF/JADWIGA 12492 SW WINTER LAKE DR 12470 SW WINTER LAKE DR TIGARD, OR 97223 TIGARD, OR 97223 1S134CC-03600 1S134CC-03700 LULKIEWICZ JACEK AND URSZULA DEAHL BONNIE 12458 SW WINTERLAKE DR 12436 SW WINTERLAKE DR TIGARD, OR 97223 TIGARD, OR 97223 1 S134CO-03800 I S 134CC-03900 ZAPP MATTHEW AIBETTY L QUIGLEY THOMAS F 12414 SW WINTERLAKE DR 12390 SW WINTERLAKE DR TIGARD, OR 97223 TIGARD, OR 97223 1 S134CC-04000 1 S7 34CC-04100 KODAMA TOSHIAKI & MASAKO GEBERT LEISSA M 12372 SW WINTERLAKE DR 12354 SW WINTERLAKE DR TIGARD, OR 97223 TIGARD, OR 97223 1 S 134CC-04200 1 S 134CC-04300 CASSERA DISRAELI AND VIRGI R GORDON NANCY M ' 12336 SW WINTERLAKE DR 12318 SW WINTERLAKE DR TIGARD, OR 97223 TIGARD, OR 97223 1S134CC-04400 IS134CC-04500 WRIDGE RONALD S SAMPLE KATHI A 12399 SW WINTERLAKE DR 12405 SW WINTERLAKE DR TIGARD, OR 97223 TIGARD, OR 97223 ' 1 S 134CG-04600 1 S 134CC-04700 COUCH ALLAN F & LESLIE A EICHENBERGER BRETT R/CATHERINE 12421 SW WINTER LAKE DR 12443 SW WINTERLAKE TIGARD, OR 97223 TIGARD, OR 97223 ' 1S134CC-04800 IS134CC-04900 HATHAWAY BRIAN J & ANN MARIE YEUNG AMY WAI-MAN 12465 SW WINTER LAKE DR 50-16 ROBINSON ST TIGARD, OR 97223 FLUSHING, NY 11355 1 1 1 1 1 1 1 1 1 1 TIY OF 1S XARD, 000 13ALL TI 97223 161 34CC-05100 CAPSTONE OWNERS OF LOTS 6-11 11605 SW MANZANITA ST TIGARD, OR 97223 1 i N,u u . Z O 2 IFE If W. r Mgrrmy:Bchogls Town Center KURAHASHI OFF-STE. v umGATU ASSoCI &TE;S,,'INC:'- CLTU linglueertig • 11atw Bascurm v Y L3~La8cape AreMntm e.. Plmnmg 1,2600 IT 72nd Amum. 3dte 100 prawn by. ~ Date: 5/28/9 13 SHEET NO. Mgm-d. Gregam f of f (603)6e8--1e06 fa= (603)eee-1105 Chocked by: Scale: 1' = 400' ' KAI# 16,315 preapplicat'on l+'otes A. t 1 1 1 NON-RESIDENTIAL ^PRE-APP: MTG. DATEjt~. qrn~ S STAFF AT PRE,APP.: J 1 APPLICANT: G AGENT: Phone:1 1 ?,4-5 -1p(? Phone: [ 1 PROPERTY LOCATION: ADDRESS/GEN.LOCATION: -c,-,I .4,,k . G- 12k 46oC CIT. AREA FACILITATOR- MINIMUM LOT SIZE. sq. ft. Aver Maximum building height: -ft. ' ADDITIONAL LOT DIMENSIONAL REQUIREMENTS MINIMUM LOT FRONTAGE: 25 feet unless I sate ugh the minor land partition process. ' Lots c rea as part of a partition must e a minimum of 1 feet of frontage or hav a minimum 15 e access easement. -foot w The DE TH OF ALL L SHALL NOT EXCEED 2%Z TIMES GE WIDTH, unless the parcel isess than mes the minimum lot size of the applicable zoning district. [Refer to Code Section 16.810.0601 ' Y OFTIURR Pre-Mplicatloa Coafereace 8eM Pagel of 9 CR Np~.~atE1e~WI ipRetl~oUllseaW OlNtlu fatl~i TAX MAP[S]/LOT #iSl: c~ -rte ~ 4 1S ► 33 t~Pt- -TL -12t'9p NECESSARYAPPLICAnoN[Sl: DESCRIPTION: PROPOSAL COMPREHENSIVE PLAN MAP DESIGNATION: i?ct-. I ` ZONING MAP DESI£NATION: 1 . PRONE: [5031 ZONING D[ ICT DIMENSIONAL REQUIREMENTS Setbacks Front ft. Si ft. Rear ft: Comer om street: i. r* ' M IMUM SITE COV E: % Minimum landscaped or na a tion area: e Section ~8. 1 1 SPECIAL SETBACKS ➢ STREETS: feet from the centerline of 9 LOWER INTENSITY ZONES: feet, along the site's ➢ FLAG LOT: SOOT SIDE YARD SETBACK. [Referto Code Chapter18.7301 boundary. SPECIAL BUILDING HEIGHT PROVISIONS BUILDING HEIGHT EXCEPTIONS - Buildings located in a non-residential zone may be built to a height of 75 feet provided that: A maximum building floor area to site area, ratio (FAR) of 1..5 to 1 will exist; ➢ All actual building setbacks will be at least half ('/Z) of the building's height; and ➢ The structure will not abut a residential zoned district. ' (Refer to Code Section 18.730.010.6.1 PARKING AND ACCESS ' REQUIRED parking for this type of use: Parking SHOWN on preliminary plan(s): I SECONDARY USE REQUIRED parking: Parking SHOWN on preliminary plan(s): NO MORE THAN 40% of required spaces may be designated and/or dimensioned as compact spaces. PARKING STALLS shall be dimensioned as follows: ➢ Standard parking space dimensions: S feet, 6 inches x 18 feet, 6 inches. ➢ Compact parking space dimensions: 7 feet, 6 inches x 16 feet, 6 inches. ' Note: Parking space width Includes the width of a stripe that separates the parking space from an adjoining space. Note: A maximum of three (3) feet of the vehicle overhang area In front of a wheel stop or curb can ' be included as part of required parking space depth. This area cannot be Included as landscaping for meeting the minimum percentage requirements. ' (Refer to Code Section 18365.640) ' Handicapped Parking: ➢ All - parking areas shall PROVIDE APPROPRIATELY LOCATED AND DIMENSIONED ' DISABLED PERSON PARKING spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an. appropriate sign shall be posted. ➢ BICYCLE RACKS ARE REQUIRED FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. Minimum number of accesses: Minimum access width: Minimum pavement width: All driveways and parking areas, except for some fleet storage parking areas, must be paved. Drive-in use queuing areas: ' [Refer to Code Chapters 18.765 and 16.7051 Cfnr IFTIGM P1 lcatim coofereoce Rotas Page 2 of 9 NNY•i~tW~IItlNOWC~N/lWNI~N iMtlNl i~N 1 1 1 1 1 1 1 1 1 1 1 WALKWAY REQUIREMENTS WALKWAYS SHALL EXTEND FROM THE GROUND FLOOR ENTRANCES OR FROM THE GROUND FLOOR LANDING OF STAIRS, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways should be constructed between a new development and neighboring dev3eopments. (RefertdCode Section 18.705.0301 DEMENTS LOADING AREA Jer. EveryMERCIAL OR INDUSTRIAL BUILDING IN EXCESS OF 10,000 SQUARE FEET shall be provid th a loading space. The space size and location shall be as approved by the City Engin [Refer to Code Section 18.765.0801 CLEAR YISMN AREA 10f e City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE, (3) AND GHT (8) FEET IN HEIGHT at road/driveway, roadirailroad, and roadiroad intersections. The size the required clear vision area depend on the abutting streets functional classification. [Rotor to Code Chapter 18.79 NG AND SCR n O INCREASE PRIVACY AND TO ITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPACTS between adjacent de elopments, especially between different land uses, the City requires landscaped buffer areas alo g certain site perimeters. Required buffer areas are described by the Code in terms of width. uffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and m t also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fe ces may also be required; these are often advisable even if not required by the Code. The requir d buffer areas may m y be occupied by vegetation, fences, utilities, and walkways. Additional inf rmation on required buffer area materials and sizes may be found in the Development Code. [Refer tO Code Chapter 16.7451 The REQUIRED feet along north boundary. feet along south boundary. / IN ADDITION, SIGHT OBSCURING SCREENING IS feet along east.boundary. feet along west boundary. ALONG: LANDSCAPING ' STREET- TREES ARE' REQUIRED, FOR ALL EVELOPMENTS FRONTING ON A PUBLIC OR PRIVATE STREET as well as driveways be placed either within the public right-0f way boundary. Street trees must have a four (4) feet above grade. Street trees branching width of the proposed tre affecting street trees may be obtained o al follows. f i are more than 100 feet in length. Street trees must or on private property within six (6) feet of the right-of- nimum pliper of at leatwo (2) inches when measured ould be spaced 20 to 40 feet apart depending on the species at maturity. Further information on regulations n the Planning Division. A MINIMUM OF ONE-(9) TREE FO EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around all parking areas in o er to provide 'a vegetativ opy effect. Landscaped parking areas shall include special design fen els which offs y screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls, and raised planters. For detailed information on design requirements for parking areas and accesses. ' tRefer to Code Chapters 18.745,18.765 and 18.7051 CRT oFnsMO PM-AVPnc2t160 eaatereace NKN rage s d e rawaa.mdam •uaMAWSe a" SIGHS ~ SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or ' height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively, a Sign Code Exception application may be filed for review before the Hearings Officer. ' [Referto Code Chapterl8.7801 SENSITIVE [ANDS The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR ' DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT; OR ON UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre- a~ Pplic~ation conference based on available information. HOWEVER, the responsibility to rep clselu l sensitive lands areas. and their boundaries. is the responsibility of the applicant- Areas Q1r y indicated on Ip ans subditted with the meeting the definitions of sensitive lands must be cL development application. Chapter 18.84 also provides regulations for the use, Protection, or modification of sensitive lands areas. I 1 1 [Refer to Code Chapter 18.7151 STEEP SLOPES when STEEP SLOPES exist, pjjco issuan a final order, a geotechnical report must -be sub fitted which addresse approval standards o Tigard Community Development Code -4 M Mn,' shall xVom#o4_=d Q, Sects 18.775.080. a report shall be based upon, field e include mmendations for achieving the requirements of Section 18.775.080.C. UKIRM SEWERAGE AGENCY t9SA1 BUFFER STANDARDS, R & 0 9644 LAND DEVELOPMENT ADJACENT.TO SENSITIVE AREAS shall preserve and maintain or create a vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive area. Design Criteria: The VEGETATED CORRIDOR SHALL BE A MINIMUM OF 25-FEET-WIDE, measured horizontally, from the defined boundaries of the sensitive area, except where approval has been granted by the Agency or City to reduce the width of a portion of the corridor. If approval is granted by the Agency or City to reduce the width of a portion of the vegetated corridor, then the surface water in this area shall be directed to an area of the vegetated corridor that is a minimum of. 25.feet wide. The maximum allowable encroachment shall be 15 feet, except as allowed in Section 3.11 A. No more than 25 percent of the length of the vegetated corridor within the development or project site can be less than 25 feet in width. In .any case, the average width of the vegetated corridor shall be a minimum of 25 feet. NO structures, development, construction activities, gardens, lawns, application of chemicals, dumping of any materials of any kind, or other activities shall be permitted which otherwise detract from the water quality protection provided by the vegetated corridor, except as allowed below: 9 A GRAVEL WALKWAY OR BIKE PATH, NOT EXCEEDING EIGHT (8) FEET IN WIDTH. If the walkway or bike path is paved, then the vegetated corridor must be widened by the width to the path. A paved or gravel walkway or bike path may not be constructed closer than ten (10) feet from the boundary of the sensitive area, unless appproved by the Agency or City: Walkways and bike paths shall be constructed so as to minimize disturbance to existing vegetation; and ➢ WATER QUALITY FACILITIES may encroach into the vegetated corridor a maximum of ten (10) feet with the approval of the Agency or City. Location of Veaetat . Corridor. IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit. [Reler to R a 0 9644/111SA Regalations - Chapter 3, lesion for SWNDI CMOFTIURD Pm-ADON0900 caIdUMS OM F%984019 .iti i OWM iwU99UMMM"0 moo. Linn WATER RESOURCES OVERLAY DISTRIC. / DISTRICT rim lements the policies of The WATER RESOURCES (WR) OVERLAY p the Tigard Comprehensive Plan and is intended to resolve conflicts between development and conservation ' of significant wetlands, streams and riparian corridors identified in the City of Tigard Local Wetlands Inventory. Specifically, this chapter allows reasonable economic use of property while establishing clear and objective standards to: protect significant wetlands and streams; limit development in designate riparian corridors; maintain and enhance water quality; maximize flood ' storage capacity; preserve native plant cover; minimize streambank erosion; maintain and enhance fish and wildlife habitats; and conserve scenic, recreational and educational values of water resource areas. Safe Harbor The WR OVERLAY DISTRICT ALSO MEETS THE REQUIREMENTS OF STATEWIDE PLANNING GOAL 5 (Natural Resources) and the "safe harbor" provisions of the Goal 5 administrative rule (OAR ' 660, Division 23). These provisions require that "significant" wetlands and riparian corridors be mapped and protected. The Tualatin River, which is also a "fish-bearing stream," has an average annual flow of more than 1000 cfs. 1 Major Streams: Streams which are mapped as "FISH-BEARING STREAMS" by the Oregon Department of Forestry and have an average annual flow less than 1000 cubic feet per second (cfs). Majj-or streams in Tigard include FANNO CREEK, ASH CREEK (EXCEPT THE NORTH FORK AND OTHER TRIBUTARY CREEKS) AND BALL CREEK. Minor Stre reams are NOT "FISH-BEARING STREAMS" according to Oregon Department of Forestry ' St Minor streams in Tigard include ~Limmer Creek, Deny Dell Creek, Red Rock Creek, North Fo of Ash Creek and certain short tributaries o the ualatin River. Riparian This AREAtIS MEASURED HORIZONTALLY FROM AND PARALLEL TO MAJOR STREAM OR TUALATIN RIVER TOP-OF-BANKS, OR THE EDGE OF AN ASSOCIATED WETLAND, whichever is ggreater. The riparian setback is the same as the "riparian corridor boundary' in OAR 660-23- 090(1)(d). ➢ The standard TUALATIN RIVER RIPARIAN SETBACK IS 75 FEET, unless modified in accordance with this chapter. ➢ The MAJOR STREAMS RIPARIAN SETBACK IS 50'FEET, unless modified in accordance with this chapter. ➢ ISOLATED WETLANDS AND MINOR STREAMS (including adjacent wetlands) have no riparian setback; however, a 25-foot waater quality buffer" is required under Unified Sewerage ' Agency (USA) standar d and administered by the City of Tigard. [Refer to Code Sec " n 18.797.0301 , t&'7 17 •060 . ' Riparian Setback Reductions The DIRECTOR MAY APPROVE A SITE-SPECIFIC REDUCTION OF THE TUALATIN RIVER OR ANY MAJOR STREAM RIPARIAN SETBACK BY AS MUCH AS 50% to allow the placement of structures or impervious surfaces otherwise prohibited by this chapter, provided that equal or better protection for identified major stream resources is ensured through streambank restoration and/or enhancement of riparian vegetation in preserved portions of the riparian setback area. t for Riparian Setback in 'DisturbedAreaa. TO BE ELIGIBLE FOR A RIPARIAN SETBACK REDUCTION, the applicant must demonstrate. that the riparian corridor was substantially disturbed at the time this regulation was adopted. This determination must be based on the Vegetation Study required by -Section 18.85.050.C. that ' demonstrates all of the following: Native plant species currently cover less than 80% of the on-site riparian corridor area; ➢ The tree canopy currently covers less than 50% of the on-site riparian corridor and healthy trees have not been removed from the on-site riparian setback area for the last five years; That vegetation was not removed contrary to the provisions of Section 18.85.050 regulating removal of native olant species; t CITY OFBUBB frea4rpnoatlon Conbrean Notes rage 5 of 9 eo~.a+.a~ ~uaw.innwe u,na.. sau.. ➢ That there will be no ifringement into the 100-year floodpla.., and ➢ The average slope of the riparian area is not greater than 20%. [Refer to Code Section 18.7971001 TREE REMOVAL PLAN REQUIREMENTS A TREE PAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a ' certified arbori t shall be provided for any lot, parcel or combination of lots or parcels for which a development pplication for a subdivision, major partition, site development review, planned developmen or conditional use is filed. Protection is preferred over removal where possible. THE TREE LAN SHALL INCLUDE the following: ➢ Ide tification of the location, size and species of all existing trees including trees designated as ignificant by the City; t ➢ I entification of a program to save existing trees or mitigate tree removal over 12 inches in liper. Mitigation must follow the replacement guidelines of Section 18.150.070.D. according o the following standards: C* Retainage of less than 25% of existing trees over 12 inches in' caliper requires a mitigation program according to Section 18.150.070.D. of no net loss of trees; E* Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated according to Section 18.790.060.D.; b e airy om .o to 7591o ting trees over 12 inches in caliper requires that 50% of the trees to be removed be mitigated according to Section 18.790.060.D.; ' b Retainage of 75% or greater of existing trees over. 1,2 inches in caliper requires no mitigation; Identification of all trees which are proposed to be removed; and A protection program defining standards and meth ds that will be used by the applicant to protect trees during and after construction. ' TREES REMOVED WITHIN THE PERIOD OF ONE ) YEAR PRIOR TO A DEVELOPMENT APPLICATION LISTED ABOVE will be inventoried a part of the tree plan above and will be replaced according to Section 18.790.060.D. ' [Refer to Code Section 18.79OA30.CJ MITIGATION REPLACEMENT OF A TREE shall take place ac rding to the following guidelines: A replacement tree shalt be a substantially imilar species considering site characteristics. If a replacement tree of the species o the tree removed or damages is not reasonably available, the Director may allow repla ment with a different species of equivalent natural ' resource value. If a replacement tree of the size cut i not reasonably available on the local market or would not be viable, the Director shall req re replacement with more than one tree in accordance with the following formula: C* The number of replacem rit trees required shall be determined by dividing the estimated caliper size of a tree removed or damaged, by the caliper size of the largest reasonably availa a replacement trees. If this number of trees cannot be viably located on the su 'ect property, the Director may require one (1) or more replacement trees to be pl nted on other property within the city, either public property or, with the consent of the owner, private property. The planting of a replacement t shall take place in a manner reasonably calculated to allow growth to maturity. IN LIEU OF TREE REPLACEMENT under Su s ion D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. [Refer to Code Section 18.790A60JU CRY Of TIM Pro- W1C8tfoo Confa+OON Moues Page 6 of 9 K8*1wV88Il1011980afFlaU111 §SOON KARRATIVE The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to ' consider an application incomplete and delay review of the proposal. (Refer to Code Chapter 18.321 ' CODE CHAPTERS 18.330 ✓ 18.390 _ 18.520 _ 18.715 18.765 _ 18.795 _ 18.350 18.420 _ 18.530 _ 18.730 18.775 18.797 18.360 _ 1.8.430 _ 18.620 18.745 _ 18.780 18.800 _ 18.370 _ 18.510 _ 18.705 _ 18.755 _ 18.790 ' IMPACT STUDY Asa pa devel trans the sew of impa the imp prope prope provide ' roughly I of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to 1NCLUDE T STUDY with their submittal package. The impact study shall quantify the effect of the ment on public facilities and services. The study shall address, at a minimum, the tion system, including bikeways, the drainage system, the parks system, the water system, r system and the noise impacts of the 'Lfor each public facility system and type ct, the study shall propose impr ents necessary tom ity standards, and to minimize act the development o public at large, public facilities tems, and affected private rtY use situati ere the Community Development Code req " s the dedication of real rty interests, a applicant shall either specifically concur with the dedi on requirement, or evidence which supports the conclusion that the real property dedication irement is not proportional to the projected impacts of the development. Sections 18290.640 and 18290.0501 HEIGHBORHOOD MEETING THE APPLIC HALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET AND THE CIT FACILITATOR AND THE MEMBERS OF 'ANY LAND USE SUBCOMMITTEE(S) of their proposal. A minimum of two (2) weeks between the mailing date and the meeting date is required: Please review the Land Use Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to sub application will not be acce, 1 [Refer to the Neighborhood Meeting Handout] SUBDIVISION PLAT NAME RESERVATION PRIOR]TO SUBMITTING A SUBDIVISION LAND USE APPLICATION With the City of Tigard, applicarr4t's are reouired to complete and ivision ph"aming request with'the Washington County Surveyors Office in ord obtain approval rese lion for any subdivision name. as complete until the City re fives the faxed confirmation of ccepte'd Applicati ns will not be ' approval om the Coun a a Subdivision Name Reservation. (Cog evaes office: 503-648-88841 BUILDING PE8MM PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR ' REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. These pre-application notes do not include comments from the Building Division. For proposed. buildings or modifications to existing buildings, It Is ' recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed. Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be demolished has system development charge (SDC) credits and the underlying parcel for that t structure will be eliminated when the new plat is recorded, the Qs~ t ■ development credits to the first building germit +s~med in the~lpy? {UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS ' OBTAINED). ' OTT Of TIUND PrO41091111tatin ComereWe KOM Panel of 9 ■4"u ltdW4PUewWw1r mW Ii ftu saga RECYCUNG Jp1Vcant should CONTACT FRANCHISE HAULER FOR- REVIEW AND APPROVAL OF SITE ICING COMPATIBILITY with Pride Disposal's vehicles. CONTACT PERSON: Lenny Hing with Pride Disposal at (503) 825-8177. (Beier to Code Chapter 18.7551 ADDITIONAL CONCERNS OR COMMENTS: r 1 1 I 1 1 PROCEDURE Administrative Staff Review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission recommendation on the proposal to the City Council. held by the City Council. with the Commission making a An additional public hearing shall be APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or drooped off "e counter without Planning Division acceptance may be days. ,fps submitted with application 5 by 11 inches. One (1). 81A" x 111" map of a r osed project should be submilfted for attachment tQ Jhe staff report or administrative decision. Application with unfolded mps shall not be accepted. The Planning Division and Engineering Division will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify. the applicant if additional information or additional copies of the submitted materials are required. The administrative decision or public hearing will typically occur approximately 45 to 80 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10-day public appeal period follows all land use decisions. An appeal on this matter would be heard by the Tigard 4 am35k . A basic flowchart which illustrates the review process is available frorn the Planning Division upon request. CRY 0FflGA8t1 tnWWP tcatios CaNeronce dotes I~aoe / of 9 i 06setie"4n 1Rua1miMWe$ tlo This PRE-APPLICATION ,CONFERENCE AND THE NOTES JF THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects of good site planning that should apply to the development of your site plan. Failure of the staff to provide Information required by the Code shall not constitute a waiver of the applicable standards or requirements. It Is recommended that a prospective applicant either obtain and read the Community Development Code of ask any questions of Coy staff relative to Code r requirements prior to submitting an application. AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division). PREPARED BY. CITY OFTIGARD PLANNING DIVISION - STAFF PERSON HOLDING PRE-APP. MEMNG PHONE 15031639. MI FAE [50315847297 E-MAIL• r'~~cLdgardArus 1 1 1 is%nnpirtmasters4evisWd pmpp-c rest (Engineering section: preapp•eng)l Updated: Jun. 7. 99 MY of TIGMI PrOA Npcatlea COMMON Notes Page 9 of 9 #oN-pslau~fip#~UMruuW <hAslnirutla CITY OF TIGARD LAND USE APPLICATION CHECKLIST 'lease read this form carefully in conjunction' with the notes provided to you at the pre- application conference. This checklist identifies what is. required for submittal of a complete land 9 se application. Once an application is deemed complete by Community Development staff, a ecision may be issued within 6-8 weeks. I f you have additional-questions after reviewing all of the information provided to you, please contact he staff person named below at the City of Tigard Planning Division, (503) 639-4171. ' r taff. Date: ( l I - BASIC INFORMATION ALL LAND USE APPLICATIONS REQUIRE THE FOLLOWING: Completed Application Form with property owners signature or name of agent and letter of authorization Title transfer instrument or grant deed Written summary of proposal Narrative demonstrating compliance with all applicable development standards and approval criteria (as specified in the Pre-Application Conference notes) Two (2) sets of stamped, addressed envelopes and a notarized list of all owners of property within 500 feet of the IF subject property. Mailing envelopes shall be legal-size, addressed with 1' x 4' labels Documentary evidence of neighborhood meeting (if required) Impact Study per Section 18.390.040.0.2.(e) Copy of the Pre-Application Conference notes Fling Fee PLANS REQUIRED In addition to the above basic information, each We of land use application will require one or more of the following maps u plans. PLEASE SUBMIT EACH OF THE PLANS CHECKED BELOW WITH YOUR APPLICATION (Section 5 of this ~tecidist provides details on what information to include on each plan): Q/ Vicinity Map Existing Conditions Map ~3 Subdivision Preliminary Plat Map ❑ Preliminary Partitionfl.ot Line Adjustment Plan Site Development Plan 1 Landscape Plan 0 Public Improvements/Streets Plan Ia/ Preliminary Grading/Erosion Control-Plan ❑ Preliminary Utilities Plan ❑ Preliminary Storm Drainage Plan ❑ Tree Preservation/Mitigation Plan ❑ Architectural Drawings ❑ Sign Drawings 13. NUMBER OF COPIES REQUIRED The City requires multiple copies of submittal materials. The number of copies required depends on the type of review )rocess. FOR AN APPLICATION SUCH AS YOU ARE PROPOSING THE CITY REQUIRES COPIES OF UL APPLICATION MATERIALS. r Page ,ity of Tigard Land Use Application Owddist f of 5 14. SPECIAL STUDIES AND k..:PORTS Because of the nature of your project and/or the site you propose to develop, THE FOLLOWING ADDITIONAL STUDIES WILL BE REQUIRED. These studies must be prepared by certified professionals with experience In the appropriate field: ❑ Traffic Study 10 / Local Streets Traffic Study L Wedands/Stream Corridor Delineation and Report ❑ Habitat Area Evaluation ❑ Storm Drainage System Downstream Analysis ❑ Preliminary Sizing Calculations for Proposed Water Quality and/or Detention Facility ❑ ' Geotechnical Report Other - Mirk kk~ Vio Art - a7--L&1~7 15. -.PREPARING PLANS AND MAPS Flans and maps should be prepared at an engineering scale (1" = 10120150/1001200') and include a north arrow, legend. and date. The same scale should be used for all your plans. Where possible the City prefers the use of a scale that allows a site plan or subdivision plat to be shown on a single sheet Architectural drawings may be prepared at an . architectural scale. One copy of each plan must be submitted in photo-ready 8%: x 11 format THE FOLLOWING IS A 1ST OF REQUIRED INFORMATION FOR EACH TYPE OF PLAN (If the plans you submit do not include all of the information requested because you feel it is not applicable, please indicate this and provide a brief explanation). Vicinity 'Map Showing the location of the site in relation to: Adjacent properties ❑ • Surrounding street system including nearby intersections • Pedestrian ways and bikeways ❑ ❑ • Transit stops' ❑ tility access " u k ❑ g Conditions Map tin -As y Parcel boundaries, dimensions and gross area ❑ Contour lines (2' intervals for 0-10% slopes or'5' for slopes >10°k) ❑ Drainage patterns and courses on the site and on adjacent lands ❑ z~ Potential natural hazard areas including: • Floodplain areas ❑ • Areas having a high seasonal water fable within 24' of the surface for three or more weeks of the year ❑ • Slopes In excess of 25% ❑ • Unstable ground ❑ • Areas with severe sod erosion potential ❑ • Areas having severely weak foundation soils El a Locations of resource areas including: • Wildlife habitat-areas identified in the Comprehensive Plan ❑ Wetlands t it f ❑ ures:. ea Other s e • Rods outcroppings ❑ • Trees with z 6' caliper measured 4' from ground level 13 Location and type of noise sources a ❑ Locations of existing strictures and their uses ❑ * Locations of existing utilities and easements ❑ * Locations of existing dedicated right-of-ways ,ity of Tigard Land Use Apprication Checklist Page 2 of 5 Subdivision Preliminary Plat Map The proposed name of the subdivision ❑ Vanity map showing property's relationship to arterial and collector streets ❑ Names, addresses and telephone numbers of the owner, developer, engineer surveyor and designer (as apOmble) ❑ U Scale, north arrow and date ❑ Boundary lines of tract to be subdivided Names of adjacent subdivisions or names of recorded owners of adjoining parcels of unsubdivided land ❑ Contour lines related to a City-established benchmark at 2' intervals for 0-10% grades and 5' intervals for grades greater than 10% ❑ The purpose, location, type and size of all of the following (within and adjacent to the proposed subdivision): • Public and private right-of-ways and easements ❑ • Public and private sanitary and storm sewer lines ❑ • Domestic water mains including fire hydrants ❑ • Major power telephone transmission lines (50,000 volts or greater) ❑ • Watercourses ❑ • Deed reservations for parks, open spaces, pathways and other land encumbrances ❑ • The location of all trees with a diameter 6 inches or greater measured at 4 feet above ground level ❑ • The location of all structures and the present uses of the structures, and a statement-of'which structures are to remain after platting ❑ . Supplemental information including: • Proposed deed restrictions (if any) ❑ L • A proposed plan for provision of subdivision improvements ❑ I Existing natural features including rock outcroppings, wetlands and marsh areas The proposed lot configurations, lot sizes and dimensions and lot numbers. Where lots are to be used for purposes other than residential, it shall be indicated upon such lots ❑ If any of the foregoing information cannot practicably be shown on the preliminary. plat, it shall be incorporated into o nanative and submitted with the application materials ❑ Freliminary PartitionlLot Line Adjustment Plan r The owner of the subject parcel ❑ ❑ The ownees authorized agent The map scale, north arrow and date Proposed property lines ❑ ❑ Description of parcel location and boundaries Contour lines (2' intervals for slopes 0-10% or 5' for slopes >10%) ❑ a Location, width and names of streets, easements and other public ways within and adjacent to the parcel ❑ Location of all permanent buildings on and within 25' of all property lines ❑ p Location and width of all water courses d l l ' ' ❑ ❑ eve above groun or greater caliper at 4 Location of any trees with 6 All slopes greater than 25% ❑ ❑ Location of existing and proposed utilities and utility easements ❑ Any applicable deed restrictions l ❑ e Evidence that land partition will not preclude efficient future land division where applicab Future street extension plan showing existing and potential street connections. ❑ 1 of Tigard Land Use Application CheWist Page 3 of 5 Site Development Plan The proposed site and surrounding properties a Contour line intervals The locations, dimensions and proposed names of the following: • Existing and platted streets and other public ways • Easements on.the site and on adjoining properties Proposed streets or other public ways and easements on the site • Alternative routes of dead-end or proposed streets that require future extensions The locations and dimensions of the following: Entrances and exits on the site Parking and circulation areas Loading and service areas • Pedestrian and bicycle circulation • Outdoor common-areas • Above ground utilities • Trash and recyclable material areas The locations, dimensions and setback distances of the following: • Existing permanent structures, improvements, utilities and easements which are located on the site and on adjacent property within 25' of the site • Proposed structures, improvements, utilities and easements on the site • Sanitary sewer facilities • Existing or proposed sewer reimbursement agreements • Storm drainage facilities and analysis of downstream conditions Locations and type(s) of outdoor lighting considering crime prevention techniques The locations of the following: All areas to be landscaped • Mailboxes • Structures and their orientation Landscape Plan Location of trees to be removed . Location, size and species of existing plant materials General location. size and species of proposed plan materials Landscape narrative that addresses: • Soil conditions and how plant selections were derived for them Plans for soll treatment such as stockpiling the top soil • Erosion-control measures that will be used Location and description of the, irrigation system where applicable Location and size of fences, buffer areas and screening Location-of terraces, decks, shelters, play areas. and common open spaces vbiic Improvements/Streets Plan Proposed right-of-way locations and widths A scaled cross-section of all proposed streets .plus any reserve strips Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable distance beyond the limits of the proposed subdivision r of Tigard Land Use Application Cheddist 11 11 a 13 11 11 Page 4 of 5 Grading/Erosion Control Plan The locations and extent to which grading will take place ❑ Existing and proposed contour lines ❑ Slope ratios ❑ Utilities Plan Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated on the plans ❑ Plan of the proposed water distribution system, showing pipe sizes and the locations of valves and fire hydrants ❑ Preliminary Storm Drainage Plan The location of all areas subject to inundation or storm water overflow ❑ Location, width and direction of flow of all water courses and drainageways i li d f ❑ nage nes ra proposed storm Location and estimated size o ❑ Where applicable, location and estimated size and dimensions of proposed water quality/detention facility ❑ Tree Preservation/Mitigation Plan Identification of the location, size and species of all existing trees ❑ . j Program to save existing trees or mitigate tree removal (Section 18.790.030) ❑ A protection program defining standards and methods to be used during and after construction ❑ Architectural Drawings Floor plans indicating the square footage of all structures and their proposed use ❑ Elevation drawings for each elevation of the structure ❑ Sign Drawings Specify proposed location, size and height ❑ r 1 1 1 i:%;cusplnlmastemVevised%chklistdoc 26-Nov-98 City of Tigard Land Use. Application Checklist Page 5 of 5 I B. Neighborhood Meeting Documentation 1 1 1 1 1 r 1 a 1 I 1 I July 1, 1999 Mary Skelton 10355 SW Walnut Tigard, OR 97223 0. G-ORA M.- DR RE: Wetland Enhancement Project Along Summer Creek East of 121"t Avenue Dear Interested Party, Gramor Oregon, Inc. is the applicant of City of Tigard owned property located along Summer Creek, just east of 121"` Avenue (1S134CB, 3801 and 1S133DA 7200). Gramor is considering removal of Reed Canary grass and revegitation of 0.93 acre site with riparian and wetland species as part of a wetland enhancement project at this location (see vicinity map). Prior to applying to the City of Tigard for the necessary permits, I would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend a meeting on: Friday, July 23, 1999 Tigard City Hall Town Hall Room 13125 SW Hall Blvd. Tigard, OR 97223 6:30 p.m. Please notice this will be an informational meeting on preliminary plans. These plans may be altered prior to the submittal of the application to the City. I look forward to more specifically discussing the proposal with you. Please call me at (503) 245-1976 if you have any questions. Sincerely, or Oreg , Inc. Matt Grady, AICP Project Manager 9995 S.E. SUN NYSIDE ROAD/ SURE P/ CLACKAMAS, OR 970151 (603) 246.1978 FAX(50318b4.9188 A - r~n r a w~Cw.da 1 1 1 1 r i r i d fnam Inam addre addre city state zip e e ss 1 SS 2 Ed Egan 14635 Tigar OR 97224 and Sw d Fran Bull Moun tain Road Earl Elias 13540 Tigar OR and Sw d Maril Villag yn e Glenn Drive Craig Minor 14210 Tigar OR Sw d wind song Court Paul E. 10335 Tigar OR Owen SW d Highl and Drive Bever Froud 12200 Tigar OR ly a Sw d Bull Moun taro Road Craig Smelt 14900 Tigar OR er Sw d 103rd Aven ue Joan Best 10705 #F2 Tigar OR Sw d Murd ock Lane 97223 97223 97224 97224 97224 97224 1 1 1 1 1 1 1 1 1 1 r i Kathy Palme c/o 14260 Tigaz OR r John SW d Tigar High d Tor House Dr. Naom Gallu 11285 Tigar OR i cci SW d 78th Aven ue Sue Rorm 11250 Tigaz OR an SW d 82 ad Aven ue Sally Christ 15685 Tigaz OR ensen SW d 76" Aven ue Mary Melvi 10395 Tigaz OR Ann n SW d Bona nza Way Steph Bicke 14235 Tigar OR en r S w d 97'b Aven ue Mark Boger 14445 Tigar OR t SW d 100' Aven ue Twyla Brady 9360 Tigar OR SW d Edge wood Street 97224 97223 97223 97224 97224 97224 97224 97223 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Debra Muir 15065 Tigar OR 97224 SW d 79" Aven ue Sue Siebol 15374 Tigar OR 97224 d Sw d Thurs ton Lane Tim Esav PO Tigar OR 97281 Box d 23069 5 Debra Seem 13372 Tigar OR 97223 an SW d Clear view Way Mary Skelto 10355 Tigar OR 97223 n SW d wain ut 1 1 1 1 1 1 1 1 1 1 1 1 Iname (name address 1 Clty (State zip Gaul Frances 11130 Tony Ct. Portland OR 97223 Lopez Francisco E. & 12560 SW Summercrest Tigard OR 97223 Sarah G. Dr. Bither Mariann E. 11135 SW Tony Ct Tigard OR 97223 Vandeberghe Dennis C. & Michele 11125 SW Tony Ct. Tigard OR 97223 Camp 12481 SW Edgewater Ct Tigard OR 97223 Vansantvoord And Jean H. Lau Kendrick M K & 12469 SW Edgewater Ct. Tigard OR 97223 Alicia L Fellows Jeremy L & Patricia 12447 SW Edgewater Ct. Tigard OR 97223 J Halvorson William R & Jane 12555 SW Summer Crest Portland OR 97223 Gucker William 12492 SW Edgewater Tigard OR 97224 Donivan Etta A 12476 SW Edgewater Ct Tigard OR 97223 Pham Hieu D & 12550 SW Edgewater Ct Tigard OR 97223 Truong-Pharr, Kim C Smith Alan C & Deborah B 12398 Mill View Ct. Tigard OR 97223 Standridge James E & Jill K 12454 SW Edgewater Ct. Tigard OR 97223 Pollock Jan Marie 12394 SW Millview Ct. Tigard OR 97223 Myers Craig & Kelly L 12372 SW Millview Court Tigard OR 97223 Beal Raymond 12350 SW Millview Ct. Tigard OR 97223 Berger Scott Lee 12348 Se Mill View Ct. Tigard OR 97223 Te-Cheng Huang 12336 SW Millview Ct. Tigard OR 97223 Douglas Chen, Parinna Jui Jung Cook John L & Teresa L 12314 SW Millview Ct Tigard OR 97223 Glenn Robert 1 12290 SW Millview Ct. Tigard OR 97223 Mason Lloyd C & Myrna R 12535 SW Summercrest Tigard OR 97223 Trs Dr. Lang Kenneth Gary 12540 SW Summercrest Tigard OR 97223 Dr. Reynolds Stanley T. and 12510 SW Summer Crest Portland OR 97223 Bonnie J Drive Bruhn Walter H & Sandra 12495 SW Summercrest Tigard OR 97223 Lee Dr. Albertson Genevieve M 12305 SW Summer Tigard 'OR 97223 Baroway Richard & Dianne E 13675 SW Weir Rd Beaverton OR 97008 Defferding Chris F. and Victoria 12245 SW Summer Tigard OR 97223 L Andersen Christopher D & 12215 SW Summer St Tigard OR 97223 Teresa S. Agnesse Philippe P & Rachel 12185 SW Summer St Tigard OR 97223 J Patterson Kathleen J 12335 SW Summer St Tigard OR 97223 Belton Kay L and Kay and Sharon 12480 SW Summer Crest Tigard OR 97223 Grilley, Sharon Dr. Owens Thomas R & Bonnie 12450 SW Summercrest Tigard OR 97224 L Trs Dr. Torrance Richard C. and 12320 SW Summer St Tigard OR 97223 Karen F Burke Marie C/Richard D 12280 SW Summer St Tigard OR 97223 1 1 1 1 i 1 1 t 1 1 1 1 1 1 Machan George Mary Ann 12250 SW Summer St. Portland OR 97223 Gallowa R Douglas Judith 12190 SW Summer St. Tigard OR 97223 Terrill Gervis ADortha L 12160 SW Summer Tigard OR 97223 Jensen Paul L & Carolyn A 12420 SW Summercrest Tigard OR 97223 Dr. Renno Richard L Pamela 12390 SW Summer Crest Tigard OR 97223 Dr. Lovett Janice 12305 SW Summercrest Tigard OR 97223 Dr. Brown James Leland and 12235 SW Summer Crest Tigard OR 97223 Shirley Lucille Drive Yahn Christian R & 12250 SW Summercrest Tigard OR 97223 Caroline M Dr. Hallberg Robert E and 12175 SW Summercrest Tigard OR 97223 Catherine L Dr. Mason Jon D & Karl G 12145 SW Summer Crest Tigard OR 97223 Dr. Pride Eliza Jane 116 Se Evans Rd. Corbett OR 97019 Wold Valda 12330 SW Summercrest Tigard OR 97223 Dr. Arave Quinn D Byde 12270 SW Summer Crest Tigard OR 97223 Dr. Finney Todd A And Sandra 12240 SW Summer Crest Tigard OR 97223 L Dr. Duff Don W & Martha S 12210 SW Summercrest Portland OR 97223 Dr. Black R Neal And Sandra 561 E Driftwood Dr. Fresno CA 93720 V Davis John Edward and 12150 SW Summer Crest Tigard OR 97223 Susan Marie Dr. Hams-Inman Ruth Ann 12185 SW Merestone Ct Tigard OR 97223 City of Tigard 13125 SW Hall Tigard OR 97223 Hedrick Howard R Jr 12175 SW Merestone Ct Tigard OR 97223 Davis Mary L And Robert 12165 SW Merestone Ct. Tigard OR 97223 M Hedrick Howard R Jr 12175 SW Merestone Ct. Tigard OR 97223 Kuhn Herman John 12145 SW Merestone Ct Tigard OR 97223 City of Tigard 13125 SW Hall Tigard OR 97223 Hams-Inman Ruth Ann 12185 SW Merestone Ct. Tigard OR 97223 Hedrick Howard R Jr 92175 SW Merestone Ct Tigard OR 97223 Davis Mary L And Robert 12165 SW Merestone Ct. Tigard OR 97223 M Van Vactor John W 12155 SW Merestone Ct Tigard OR 97223 Kuhn Herman John 12145 SW Merestone Ct Tigard OR 97223 Sample Kathi A 12405 SW Writerlake Dr. Tigard OR 97223 Couch Allan F & Leslie A 12421 SW Winter Lake Dr. Tigard OR 97223 Eichenberger Brett R/Cathedne 12443 SW Winteriake Tigard OR 97223 Hathaway Brian J & Ann Marie 12465 SW Winter Lake Dr. Tigard OR 97223 Yeung Amy Wai-Man 50-16 Robinson St Flushing NY 11355 Creek Donald W & Tina M 12190 SW Merestone Ct. Tigard OR 97223 Wridge Ronald S 12399 SW Winterlake Dr. Tigard OR 97223 Newth Larry G And Patricia 12180 SW Merestone Tigard OR 97223 G Court Wiesman Charles R & Beryl 12160 SW Merestone Ct Tigard OR 97223 1 I Jean Capstone Owners 11605 SW Manzanita St. Tigard OR 97223 Of Lots 6-11 Bernard Bradley S/Jennifer L Po Box 23608 Tigard OR 97281 Gordon Nancy M 12318 SW Winterlake Dr. Tigard OR 97223 Zielinski Krzysztof/Jadwiga 12470 SW Winter Lake Dr. Tigard OR 97223 ' Lulkiewicz - Jacek And Urszula 12458 SW Winterlake Dr. Tigard OR 97223 Deahl Bonnie 12436 SW wnterlake Dr. Tigard OR 97223 Hillyer Bruce A & Lisa A 12492 SW Winter Lake Dr. Tigard OR 97223 ' Zapp Matthew A/Betty L 12414 SW Winterlake Dr. Tigard OR 97223 Quigley Thomas F. and 12390 SW Winterlake Dr. Tigard OR 97223 Beverly K Cassera Disraeli And Virgi R 12336 SW Winterlake Dr. Tigard OR 97223 Kodama Toshiaki & Masako 12372 SW Wintedake Dr. Tigard OR 97223 Gebert Leissa M 12354 SW Wintedake Dr. Tigard OR 97223 ' School District #23 it 13137 SW Pack Hwy. Tigard OR 97223 City of Tigard 13125 SW Hall Tigard OR 97223 City of Tigard 13125 SW Hall Tigard OR 97223 City of Tigard 13125 SW Hall Tigard OR 97223 Patel Bipinchandra J & 4801 N Interstate Ave. Portland OR 97217 Kumud Ghim Youngsoon & Key, Hyonghip 12575 SW Bridgeview Ct. Tigard OR 97223 Sletta Ronald L & Carole 12599 SW Bridgeview Ct. Tigard OR 97223 M Topp Steven W And Liu, 12566 SW Bridgeview Ct. Tigard OR 97223 Shi-Yi Fishkin Lester I & 12611 SW Bridgeview Ct. Tigard OR 97223 Jacqueline S Rubenstein Robert M Laurie Jo 4120 SW Vacuna Portland OR 97219 & Raczkowski, Shelton Daniel G & Theresa 12623 SW Bridgeview Ct. Tigard OR 97223 M Jackson Elizabeth S Trustee 11522 SW Lakeview Ct Tigard OR 97223 Guthrie David J And Martha 12554 SW Bridgeview Ct. Tigard OR 97223 A Jackson Douglas A & Donna 11546 SW Lakeview Tigard OR 97223 L Terrace Paget Alan E & Ille, Joelle 12542 SW Bridgeview Ct. Tigard OR 97223 Hasuike M Arthur A & Suzanne 11515 SW Shoreview Tigard OR 97223 S Place Taylor John David & Judith 12558 SW Bridgeview Ct. Tigard OR 97223 Will Cannard Mark E & Linda F 11568 SW Shoreview Tigard OR 97223 Place Uong Hoang Dinh And 11529 SW Shoreview Tigard OR 97223 Ann Place Criss Kent B1Teresa L 11568 SW Lakeview Tigard OR 97223 Terrace City of Tigard 13125 SW Hall Tigard OR 97223 Greenwood Robert A & Shirley J 12769 SW Winterake Dr. Tigard OR 97223 Bistriceanu Valedu & Elisabeta 11537 SW Shoreview Tigard OR 97223 Place Mahr Christopher L & Kelli 11574 SW Shoreview Tigard OR 97223 M Place Isaacs Michael A And Cheryl A 12753 SW Wintedake Drive Tigard OR 97223 Anderson Richard L & Jean A 11553 SW Shoreview Tigard OR 97223 Place Naganuma Kate P & Travis J 12852 SW Winterlake Dr. Tigard OR 97223 ' Sedik Michael K And 12804 SW Winterlake Tigard OR 97223 Kathleen G ' Hsu Chi I & Hsu, Feng Ling & 12796 SW Winterlake Dr. Tigard OR 97223 Provancher Richard A & Annette 11555 SW Shoreview Tigard OR 97223 Place Wheeler William & Evelyn 12695 SW Wintedake Dr. Tigard OR 97223 Trs ' Kan' Lee W/Muriel J 11581 SW Shoreview Tigard OR 97223 Place Louie Melvin & Mary B 11561 SW Shoreview Tigard OR 97223 Place ' Mollaghaffari Massoud & Hawes, 11577 SW Shoreview Tigard OR 97223 Amy Place Ng Hoi & Geok-Peng 13731 SW Aerie Dr. Tigard OR 97223 Ki William W And Elsa 12843 SW Village Park Ln. Tigard OR 97223 K Troung Tu Bon And Do, 11624 SW 126th Ave. Tigard OR 97223 Thao Thanh Fulton Colby L & Debra L 12651 SW Winter Lake Dr. Tigard OR 97223 Price Anthony D & Laurie 12627 SW Winterlake Dr. Tigard OR 97223 L ' Resnikoff Steven B & Lisa E 12599 SW Winterlake Dr. Tigard OR 97223 Wilson Nicholas G/Suni A 12573 SW Winterlake Dr. Tigard OR 97223 Liau Yeuan-Jen & Wu 12,541 SW Winterlake Dr. Tigard OR 97223 Mei-Ying ' Vamum Steven S & Martin, Anne Marie 12511 SW Winterlake Dr. Tigard OR 97223 Padbury Craig E & Julie M 11646 SW 128th Ave. Tigard OR 97223 Ebner Romaine Janice M Jack S & Jessica A 12682 SW Danbush Ct. 11680 SW 128"' Tigard Tigard OR OR 97223 97223 Mullens Maryanne C 12862 SW Village Park Ln. Tigard OR 97223 Harris Bradley K & Susan J 12664 SW Winterlake Dr. . Tigard OR 97223 Whalen Martin J 11692 SW 128th Ave. Tigard OR 97223 Borne Ronald & Joni 12636 SW Winterlake Dr. Tigard OR 97223 Lee Bill Shek & Ling Lai 12610 SW Winter Lake Tigard OR 97223 Drive Young Howard E & 12584 SW Winterlake Dr. Tigard OR 97223 Carlson Jacquelyn M Roy M Jr & Deanna 11698 SW 125th Ct. Tigard OR 97223 Orr John K Iii 11711 SW 128th Ave. Tigard OR 97223 Choy David T W & 11722 SW 128th Ave. Tigard OR 97223 Margaret M Quiding Floyd A & Lynn M 11736 SW 125th Ct. Tigard OR 97223 ' Menzies Bruce D & Kathleen 11735 SW 128th Ave. Tigard OR 97223 1 A Moffitt Thomas O & 12799 SW Falcon Rise Dr. Tigard OR 97223 ' Motoko 1 Wright Garo R & Katherine 12643 SW Falcon Rise Dr. Tigard OR 97223 L King Tom S & Lisa L 12619 SW Falcon Rise Dr. Tigard OR 97223 Yeh Victoria L. and 12595 SW Falcon Rise Dr. Tigard OR 97223 Danny Lai Yang Tri and 12579 SW Falcon Rise Dr. Tigard OR 97223 Co Lien Ly, Thanh Ngoc Keicher Harley S. & Audrey 1 11756 SW 125th Ct. Tigard OR 97223 Smith Donald M. & Beth 11759 SW 128' Tigard OR 97223 Ann Garsteck Christine 11774 SW 125th Ct. Tigard OR 97223 ' Shah Andrew D.& Aimee R. 11787 SW 128th Ave. Tigard OR 97223 Crosby Randall P. and Gina 11782 SW 125th Ct Tigard OR 97223 R. Duong Quang Vinh & Vo, 12808 SW Falcon Rise Dr. Tigard OR 97223 Nhan Thi Miller Robert A. & Diana 11823 SW 128th Ave. Tigard OR 97223 Sayah D. Abbas I. 11857 SW 128th Ave. Tigard OR 97223 Hausman Geraldine E. and 11892 SW 128th Ave. Tigard OR 97223 Thomas L. Schuck ' Angeles David & Carolyn J. 12885 SW Falcon Rise Tigard OR 97223 Drive Lewis James William and 11898 SW 128th Ave. Tigard OR 97223 Cindy Christine 1 1 1 1 1 1 1 r' AFFIDAVIT OF MAILING ' STATE OF OEB60N ) SS. City of Tigard ) I, Matthew Grady , being duly swom, depose and say that on July 1, , 19L9 I caused to have mailed to each of the persons on the attached list, a notice of a meeting to discuss a. proposed development at (or near) ' along Summer Creek just east of 121st on portions of tax lots 1 S134 CB T. L. 3801 and 1S1 33 DA, T.L. 7200 a copy of which notice so mailed is attached hereto and made* a' part of hereof.. .1 further state that said. notices were enclosed in envelopes plainly addressed #o .said persons and were deposited -on the date-indicated above in the United States Post Office located,at Clackamas. Post Office with postage prepaid thereon. A r, 9H Signature ( the tsence of a Notary Public) (THIS SECTION FOR A STATE OF OREGON, NOTARY FUl3llC TO COMPEETFINOTARIZq ' Subscribed and sworn/affirmed before me on the ' OFF= SEAL - ANGELA C BRINKYAN NOTARY PUBLIC - O:Z:GON . COMMISSION NO. 31004 MY COMMISSION EXPIRES MARCH 1. 2002 I st day of J c.I_t&~ i C. NOT Y PUBLIC OF OREGON My Commission Expires: 3 / i l4x tpplicaat, please complete infarmation below for proper placement with proposed projed) - - - I NAME OF PROJECT OR PROPOSED NAME: Gramor Wetland Enhancement . YPE OF PROPOSED DEVELOPMENT: ' Wetland Enhancement VdzarGem=114mtionofSubjedPropwWr e cfApplicaat/Owner. - Gramor Oregon, inc./city of Tigard I Along Summer Creek just east of 12151 Avenue. l 1 1 >p~y Tax ap(e) aaa Lot (e): 15 1, 3 4 I .~8a5 . 17n 1 1 1 1 1 1 1 AFFIDAVIT OF- POSTING NOTICE i I, Matthew Gradv , do affirm that I am (represent) the party.inifiating interest in a proposed wetland Enhancement , affecting the land located at (state the approximate locabon(s) if no address(s). and/or tax tot(s) currently registered) portions of 1S134 CB, T. L. 3801. and 1S133 .DA, T. L. 7200 , and did on the 1 st day of , July - 19 99 personally post notice indicating that the site may be proposed for a Sensitive lands/water resources application, and the time, date and place of a neighborhood meeting to discuss the proposal. signs were The 6igr4.vm posted at (1) 1S1 33 DD, T.L. 8200 on SW Shoreview Place 93 feet SE of SW Lakeview Terrace. (2)' 151 34 CB, T.L. 3801, adjacent to the South . East 'side'of the project site and Summer Lake- Park Trail. (state location you posted notice on property) . Signature - (in the prese of a Notary Public) . (PHIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETENOTARIM 'Subscribed and sworn/affirmed before me on the day of J UJ_L l OFFlCUL SEAL. ' ANGELA C 9WHKHAM C. WTAWPUBUC-OREWM NOTAR'r PUBUC OF OREGON COMMISSION No. 910045 MY COMMISSION EXPIRES MARCH 1.2002 My Commission Expires; 3~ GZ (Applicant, please complete information below for proper placement with proposed project). NAME OF PROJECTOR PROPOSED NAME: C-ramor Wtran7 €nhanCement TYPE OF PROPOSED DEYELOPMENT: Wetland Enhancement l Name ofAppli6mtlOwner ramor Oregon, Inc. I Lity of I Lard I ~Addr worGeneralIr=tionofsubledProperty Along Summer Creek lust east of 121st Avenue, I r Subjed Property Tao Map(s) andIat #(s)• 1-51 3 4 C b L I . L. 3 8 01 I - 151 33 UH,-I . L. 7200 _i h.'YO~i~~flylrr~ael-ecsmat l ' (SIGNS ARE AVAIL AEU FOR PURC .EAT THE DEVELOPMENT SERVICES C( TER AT THE PRICE OF 52.00 EAC* ) Meeting Date Time' Location Friday, July 23, 1999 6:30 p.m. Tigard-City Hall ' Town Hall Room 13125 SW Hall Blvd. Tigard, OR 97223 1 P RO-POSED PROJECT. attached vicinity map) t Y P Wetland Enhancement: F6i6V!3P6f Reed Canary grass on 0.88 acres of land and replanting of native reparian plant species. r NAM& ADDRESS . ,~o !Zaps tkJ 13 -EAR'le1 Xlde. 77 33 0. S 2d- 20,4?, liYl~ ~c2 r S r ® 7-1GIYIZ-J) ©rJ TET Y ONE .S 7 4 -Q9o-~ I TIGARD WETLAND ENHANCEMENT MINUTES - 7123199 Meeting began at 6:45 - ended at 7:35 Two (2) area residents were in attendance (see attached sign-up sheet): 1. Patricia Busillo 2. Valda Woid Matt Grady, Project Manager, Gramor Oregon, Inc., began the meeting with the introduction of himself, Brent Davis, Environmental Scientist, Kurahashi & Associates ' and Kristin Farrell, Administrative Assistant, Gramor Oregon, Inc. who took minutes. • Why this creek and where specifically? Why is this enhancement taking place.? Matt explained that Gramor is developing the Murray Scholls Town Center project (location pointed out on aerial) in Beaverton that the development is adjacent to and ' partially includes a small area of wetland. After much deliberation, it was concluded that Gramor could in exchange develop this piece of wetland if Gramor enhanced another one-acre wetland area elsewhere in the vicinity. This is known as "Wetland Mitigation." f No sites near the Murray Scholls project qualified. Brent Davis at the time suggested Grwnor look elsewhere along the creek. The Tigard site (shown on map) was found. This was part of a project that Friends of Summer Creek and Unified Sewer Agency were working on, but did not gain agency approval. Partially because the stream was found to be fish bearing and fell under the "Endangered Species Act". It was recommended that Gramor remove the non-native species of plant life (Reed Canary Grass) and replant with ' a variety of native species that would revitalize this portion of the creek. • Previous activity in the creek involved sewer relocation, seeds were apparently replanted, however no one maintained the area and the replanted vegetation died off. Division of State Lands, Army Corp of Engineers and Department of Environmental Quality all require that we guarantee our work for the following ten years and will ensure plant maintenance and survival as well as report 3 times per year. We are subject to the conditions and approval, anything found to be awry we will be required fixed. We would be in violation of the Endangered Species Act if we were found to have harmed the stream in any way. Our proposed work actually makes more stringent requirements for any future activity along the stream. No buildings - ever. 1 • When and how long will the work take? June I" through Sept 30'b is the only window for wetland work. The "fish window" as ' it's called, is July I' through Sept 15'', when migratory fish aren't in the creek. It takes approximately six weeks for approval and additional time to hire a contractor. Since it is already July 23d, we are looking at a mid-August time frame. We are looking at doing ' this enhancement in August 2000. Please keep in mind that at this stage, we are already one year into this project. We are now at the community level. ' The physical work will take place in two phases: Phase one: Grading to remove Reed Canary grass (which is good for erosion control, but overruns. wetland areas). This work will require a backhoe and a dump truck to dig deep enough to ' remove all of the stems of the grass. We will create diversity of wetland (good for fish). Allow for vegetation that grows out of water. Make the area wetter than currently is - nothing deeper than 12 inches in small pools. Get shade onto the creek, by adding willow ' and dogwoods along the bank. Their roots will stabilize the bank - cause less erosion. In the open areas they will plant low growing plants. The forest stand that exists will be left as is. The edge will be planted with alders to extend the edge and in the long run protect the edge of the stream. The only disturbance to the creek will be a temporary crossing for contractors (railroad ties as an example). At maturity, the shorter plants will grow to 6 feet and the taller plants will grow to 10 feet. There will be some noise during this time, however the City has restrictions on noise and those will be honored. Phase two: Bring in 6 inches of new topsoil and re-seed the area. We are working with the City of Tigard and Park Management to arrange for irrigation to the site. We may borrow from the City of Tigard or may hydromulch (which creates protective/moist mat over 1 seedlings). Three weeks total for both phases, we will push for less. Brent offers that if community members wanted, they could be notified and help in the planting. However, noted that there is a possibility of some plant failure due to inexperienced planters. Neither attendee showed any interest. • Will the wildlife remain? Yes they will, and a greater variety of wildlife will be drawn to the site. Willow bark and dogwoods are resilient plants. Good for establishing a canopy, and are good nutria food. The canopy will draw fish and birds as well. • Concerns were of a guaranteed beneficial end result. • Buildings would not be developed. • Area would be kept for wildlife. Both attendants wanted to be kept apprised of the activity. ' Matt makes himself available for them or any one that was unable to attend the meeting, as he passed out a planting plan and description of the project. 1 1 C. No Rise Certification For Tigard Mitigation Site, by Pacific Water Resources, Inc., August 19, 1999 1 I 1 1 1 t 1 We Think the World of Water PACIFIC VOICE: 503-671,9709 FAX: 503.6671,0.0711 11 E-MAIL: info@pacificwr.com WATER RESOURCES, INC. WEB: www,pacificwr.com 4905 S.W. Griffith Drive, Suite 200, Beaverton, Oregon 97005 VIFill I August 19, 1999 1 Mr. Mathew Grady, AICP Gramor Oregon, Inc. 9895 SE Sunnyside Road, Suite P Clackamas, Oregon 97015 Subject: No-Rise Certification for Tigard Mitigation Site (1036) Dear Mr. Grady: 1 have reviewed the information that you have provided to me regarding the above referenced project. This ' information included an August 9, 1999 draft of Gramor Oregon, Inc.'s Sensitive Land and Water Resources Overlay Written Narrative and Responses to Criteria, a Grading/Erosion Control Plan (Sheet No. W2.01) marked preliminary and prepared by Kurahashi & Associates, Inc. (KAI), Typical Sections (Sheet No. W6.02) prepared by ' KAI, a Topographic Survey of a Portion of Summer Creek located in the SE of Section 33 and the SW of Section 34, T1 S, R1 W, Washington County, prepared by KAI, and a Revised Preliminary Plant Schedule dated March 11, 1999 also prepared by KAI. Based on my review of this information and my knowledge of the hydraulic conditions on the proposed Summer Creek site located approximately 1300 feet upstream of 121ST Avenue and ' immediately downstream of the Summer Lake Dam adjacent to Summer Lake Park, it is my professional opinion that the proposed project will not have any effect on the existing height of flood waters along Summer Creek during the occurrence of the 100-year flood. The basis for this opinion along with a discussion of some related hydraulic ' issues is presented below. Proposed Action On July 28, 1998 Gramor requested the use of 0.93 acres of City of Tigard owned property for enhancement purposes. The City Council approved Gramor's request on July 28, 1999. The proposed action is to physically remove the existing mat of Reed Canarygrass and re-vegetate the entire 0.93- acre site with native riparian and wetland species. The plan also includes some minor grading to introduce diversity in the tc7oeraphic and hydrologic conditions en the site. The grading would creete shallow off cbar-n- deT*essiers that would flood in the winter and retain some water into the growing season. These depressions would be planted with emergent wetland vegetation. The creek and depressions would be lined with riparian shrubs to provide shading and temperature management. The existing forest edge on the southwest side would be re-vegetated with forested wetland plantings. The remaining wetland areas would be planted with sparse, low shrub/scrub community. Hvdraulic Impact The proposed action will not have an adverse hydraulic impact because: 1 • The hydraulic roughness (Mannings N value) of the Reed Canarygrass is greater than or equal to the fully mature plant communities that will replace it. ' • No significant change is proposed in regard to grading. In fact, the net impact may be that more flood storage is made available because of the creation of shallow off-channel depressions planted in emergent wetland vegetation. Mr. Mathew Grady, AICP, Gramor Oregon, Inc. August 19, 1999 Page 2 ' The existing hydraulic model (i.e. HEC-2) on which the current flood insurance study is based has specified the N values in the overbanks at this site to be 0,08 with the channel N value set at 0.045. The revised HEC-2 model which was calibrated to the recent flood of November 1996 and will soon be submitted to FEMA by Pacific Water ' Resources, Inc, as a locally funded restudy has increased the N values in the overbanks and channel to 0.096 and 0.077, respectively. Once again, the expected N values of the site after the proposed plant communities will mature will not exceed those specified in the restudy. ' Although the grading plan calls for six inches of topsoil fill throughout the site, approximately twelve inches or more of Reed Canarygrass mat will be removed. The net result along with the minor depression grading mentioned earlier will be no significant effect on flood elevations and a minor increase in available floodplain storage volume. ' Summary 1 1 1 In summary, the net result of the proposed action will be no rise in the I00-year flood elevations at. upstream or downstream of the proposed site. In addition, the net result of the proposed action will be no loss of floodplain and floodway storage. In fact, one could argue that the proposed creation of shallow depressions with positive drainage back to the main channel of the creek would actually increase the amount of floodplain and floodway storage available during the occurrence of any flood. Sincerely, Roger C. Sutherland, PE Director of Water Resources Engineering RCS/ms 1 1 1 1 1 1 1 1 w• ~wsww ~ ~Ut 1 1 D. Corps Permit/DSL Permit/DEQ Permit/Tigard ' Approval of City Land 1 DEPARTMENT OF THE ARMY PERMIT Permittee: Gramor Oregon. Inc. Permit No: 98-01451 Issuin8 Office: U.S. Armv Corms of Engineers. Portland District A NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity ' or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: The project will fill 0.24 acre of degraded palustrine emergent wetland adjacent to the Murray Hill pond. Within the delineated wetland, springs will be captured and directed to the pond. Approximately 2,000 cubic yards of gravel will be placed within the wetland to support a walking trail that is approximately 8 to 10 feet wide; landscaping; and a restaurant building. The fill material will consist of clean gravel from the vicinity of the project site suitable to support building foundations. In addition, approximately 82 cubic yards of riprap will be placed along 740 linear feet of bankline of the pond; 2 feet wide and 18 inches deep. There would be some excavation in the pond to accommodate the rock. As mitigation, the pennittee shall enhance 0.88 acres of wetland adjacent to and in the floodplain of Summer Creek near 121' Avenue. The permittee shall remove the existing mat of reed canary grass and revegetate the entire area with native riparian and wetland species. The mitigation plan also includes some minor grading to introduce diversity in the topographic and hydrologic conditions on the site. The grading will create shallow backwater channels that will flood in the winter and drain as the water recedes. These depressions will be planted with emergent wetland vegetation. A linear strip (approximately 200 feet long by 5 feet wide) adjacent to an existing forest edge along the southwest side will be revegetated with forested wetland plantings. The iemaining wetland areas will be planted with a shrub/scrub community. Additional plantings shall be provided to enhance the wetland buffer on the ' southeast comer of the existing pedestrian bridge (0.03 acres). purpose: To construct a restaurant and trail within a regional town center Project Location: SW Murray Blvd and SW Scholls. Ferry Road, adjacent to Murray Hill Pond, Washington County, Beaverton, Oregon (Section 32, T1 S/Rl W) Drawing.. Twelve labeled Murray-Scholls Town Center COE #98-1451 a I General Conditions: 1. The time limit for completing the work authorized ends on July 1, 2002. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a thud party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this L office, which may require- restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Special. Conditions: ' a. All in water work shall be limited to the Oregon Department of Fish and Wildlife preferred in-water work period of July 1 and September 30. b. Earthen dams will not be permitted to facilitate in-water work or other construction in waterways and wetlands. Sheet piles, rubber liners, and other non-earthen cofferdams are acceptable. c. Turbidity shall be monitored and shall not exceed 10% above natural stream turbidities as a result of the project. The turbidity monitoring reports shall be submitted weekly to Oregon Department of Environmental Quality. The turbidity standard may be exceeded for a limited duration, period not to exceed 2 hours, provided all practicable erosion control measures have been implemented, as applicable, including, but not limited to: - use of filter bags; sediment fences, silt curtains, leave strips or berms, or other measures sufficient to prevent off-site movement of soil; - use of an impervious material to cover stockpiles when unattended or during a rain event; r - graveled construction accesses to prevent movement of material off-site via construction vehicles; and - sediment traps or catch basins to settle out solids prior to water entering ditches or waterways. ' - sediment s or catch basins to settle out solids prior to water entering ditches or waterways. d. Erosion control measures shall be maintained as necessary to ensure their continued effectiveness, until ' soils become stabilized. e. Petroleum products, chemicals, or other deleterious materials (including construction debris and runoff) shall not be allowed to enter waterways or wetlands. No fresh concrete shall come in contact with the active flowing stream. f All construction debris shall be disposed of in such a manner that it cannot enter the waterway. ' g. Waste materials and spoils not utilized in the project shall be removed from the site and placed on uplands, and not in an unauthorized wetland area. h. Any wetlands adjacent to the construction area shall be flagged or fenced off for wetland protection during the construction phase. i. Vegetative disturbance shall be the minimum necessary to achieve the project purpose. j. Areas of bank disturbance and exposed soils shall be seeded or planted with native grasses, legumes, 1 shrubs and/or trees. All exposed soils shall be stabilized immediately after project completion to prevent erosion and sedimentation. k. The south shoreline of the Murray Hill Pond shall be protected from wind induced wave erosion by dense plantings and in-pond structures or some other bioengineering technique to prevent shoreline erosion. The effectiveness of the shoreline erosion control devices shall be monitored and the monitoring report submitted with the mitigation monitoring reports. 1. There shall be a minimum of a 10 foot vegetated buffer between the pathway and the shoreline, m. The springs and seepages within the wetland shall be captured and directed into the pond and shall not be mixed with the stormwater. ' n. Class 150-200 irregular rock shall be randomly included within the rock riPraP toe to provide interstitial habitats for aquatic species. r . o. All conditions on the second page of the concurrence letter from the National Marine Fisheries Service dated April 22, 1999 are hereby conditions of this permit. 1 i I I Mitigation a. The mitigation plan as described on pages 10 and I I in the application submitted on December 10, 1998, in Supplement A exhibit 16 and the revised mitigation plan submitted on March 15, 1999 must be fully implemented within one year of the date of the permit. Construction for all mitigation work will commence concurrently with the authorized filling activity. b. The mitigation site shall be monitored for a period of 10 years with an 80% survival rate being ' considered successful. Biannual reports shall be submitted to this office by December 31 of each year. C. The mitigation site shall be deed restricted and a copy of the deed shall be submitted to this office by the completion date of the project. d. Once the compensatory mitigation has been approved as complete, the permittee shall maintain the site, if consistent with the compensatory mitigation goals, by such activities as control of nutria, removal of exotic (non-native) or pest plant species, if consistent with the compensatory mitigation goals. The permittee may not engage in activities inconsistent with the compensatory mitigation goals, such as removal of vegetation or alteration of hydrology, without written approval from this office. r r 1 1 1 1 Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: Section_10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). (3) Section 404 of the Clean Water Act (33 U.S.C. 1344).. Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). '2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 1 c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to; the following: a. You fail to comply with the terms and conditions of this permit b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition I establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit ' Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of tbjs~permit. 1 -j/ SIGNATURE) Barry A. Cain ' (PRINTED NAME) July 22, 1999 (DATE) President (TM) This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. 1 1 1 1 1 (DISTRICT ENGINEER) (DATE) FOR Robert T. Slusar- Colonel, Corps of Engineers' District Engineer When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the. transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE) 2. (DATE) eA o~ W vi a a V is 3 0 F N At C H W x SCALE: 1" = 1 /2 mi. IFS & S KURAHASHI & ASSOCIATES, INC. '1-tl Engineering • Meter Resources r ...a* Architecture . Planning -LSu17~ Drawn by: SLJ Checked by: BHD Dote: 101/2 1r t98 Scale: 1 Gramor Oregon, Inc. /iC~~`}" "l Aan Flomovd" PwrM Docwnsnt• and OFWAM Water~ MW V `y I f 1111111119- o as = n =NC 0 G' dee i . 1 padcbekho J S.W. W130 RD. PROJECT \ SITE e~ 1 SW BROCKMAN CT. -,,,,SW WALNUT ST. h 3 V C NTY MAID MnrmyScholb Town Center COE 98-1451 N. T. S. SHEET 2 OF 12 .1.5-98 WASHINGTON SQUARE SHOPPING CENTER N VMAP ~ re sheet idle architecture murra scholls company town center VKVM M-M sienna MXXIMT LOCATION PUW 411 sw sixt1i portlond, oregon reference sheet 97204.1602 dote 1028,98 503.227.5616 v 503.227.3590 f SW MURRAY BLVD & drown by BCW rev;sion no. SCHOLLS FERRY RD BEAVERTON. OREGON project no: 97142 1 of 5 EXHIBIT 2 N 0 ~ A S C" ~~H ~ W ~ W Cj ~ re II 8 A ~ H O _ ~ h► bw 1 1w i x 2D8,b .I 'LEA B KU L %V A A r I soo m o r x m• p CO P - cm to 0 c m m i m mm r i m= m mm = m m m Am r~ EXISTING GRADE LINE / BANK LOCATION Murray-Scholb Town Center COE 98-1451 SHEET G OF 12 1-5-98 LIGHT POLE CONCRETE SIDEWALK TO MATCH EXISTING PATHS LANDSCAPING / PLANTINGS TO PROVIDE BANK / SOIL STABILITY JUTE FABRIC ON NEW BANK SLOPE NEW SOIL FILL TO CREATE 2 : 1 SLOPE BANK T*8ASE:40F 'EXISTINGL/.,.NEldl-BANK- EXISTING WATERLINE a ' u Lo 0.. w c n - u O u O r o n V a N K a~ SZ , 0 v ° o ° V v` n co) L- 40 o O in ~ oW ~ L-i - v cl) V r~ ~ul o u l 03 i p L ~ i E S t u mO 'm °~v1Oin ,m . C^NN ODNN Of~00 nrn Lo L9 r ° A "E uu ° F ■ to N r • D T/1 Summer Lake ' Park Project ' Site 1 i . Mary Woodward ' Elementary. School N rT`1 ~ ®~t Murra -Schog0s Town CoPter KURAHAS HI OFF-SITE VVETLAM MITIGATION. 8a ASSOCIATES. INC. ' i Civil Engineering . rater Reaourcea Murray-SchoUs Town Center COE 98-1451 Landacepe Archllecture, . Planning tic Surveying SHEETS OF 12 1-5-98 r 12600 S.W. 72nd Avenue. Suite 100 ' Tigard. oregoo 972M Drawn by: Date: 5/28/98 SHEET NO. 1 of (503)968-1605 tax: (503)968-1105 Checked bp: Scale: 1 " = 400' KAIP 1636 ` I MURRAYHM,L TOWN CENTER (98-1451, RF 16240) Supplement to the Wetland Mitigation Plan Erosion Control for Off-site Wetland '1Viitigation 1 1 t The proposed off-site Wetland mitigation will require excavation at the creak banks to create the proposed backwater areas. It is anticipated that construction will occur dining the summer low flow period (July-September). In order to protect Summer Creek from sedimentation during the excavation at the banks, the following measures will be applied: • The backwater areas will be excavated from the upstream end to the downstream end. • Silt fence will be temporarily installed in the .creek bed at the toe of the bank to capture sediment release during breaching. • The banks will be breached by scooping the earth away from the creek. • Silt fence that impedes normal flow of the creek will be removed no less than 2 hours after breaching to allow heavier sediment trapped behind the silt fence to settle. If flows are to heavy for the use of silt fence in the bed, the contractor will be required to establish a temporary diversion at each breach point that isolates the breach area until excavation is complete. All measures used will be designed to ensure that the turbidity of the creek is not increased by more than 10% for two hours or more on any given day during the project. 1 ' Kurahashl a Associates, Inc. 03115/99 1636 Limits of senelrwllen. All grMiM aM 01enLIM 6111 to 0[ating 4«e roil Web nesalwp a4f1 N pesoree6 ' eltti~lh4tl l#0[I 10 f6IfQ 0.t at#hlQ6 daflnN to this area O =lad tr«s and ewrds sMll be relplaaed Ih hind as dl►«lad by the Qener. NIfMam aMurma no IMmMu Property boundaries are A0►«lsote and da net roor sent 0 Talee looks of the oulaltn Read Cawrwass net swill [~Mtta IQLZIdI !}At1~1l1! - O ►erweerannoy. O be faered OW dlr/uN at epftiltd. fir Inches at ~ICLVf>dlf.l~ lll(/la so mm fltim ef0►oyad Wulf shall bs Added Prior to •esdlwg. ■mrlY tatmAl6M~■l~1II~lrV 1lIS~l limtr t~>~~L O It , I do dre a All seined to Mlglnel condition; O APp►a1mak1 wrfoou ..tar iwd as .6.--d a/!e/Ot J ~ 3 11 ylwg eenatrO rwllen. Ilw.r awd/i+r mater land - ri I 44o lps~t shall W prohibited to Its br 14W Q gabtlag tons** 0411 N rnLwsd to ortOMI asMItIM If weds W► I arasa to o% b fast Mls. dlnlswN grade I ` • O damaged drrlnq s«atruattsn. l~ .I tw pasltl•a drolnata to the trsaw. OrYlnd Ntslls for th«I Me" eltl N sa dlr«led In the f1e11 ty AMI ar lilt !ones shdl l be 01e4e6 in me" Indluted.saoording to d1O'r' s Represswltllea Aq O Us ff d S age lyohey and City of Tlgerd w»lon sw"I Itendarda. O C Cutrroltdn debris ar o"JOhh+t dwatl enter Swsser - - IUP111C SCALE 1M p Ir 10 5\ ~ e..ww eav..a ..ray i OTA61NG AIWA N, 4 N \ b I ' ~ - to {o c I I ,a J ~ \ I 1 I I PRIUMINARY \ f / rewaasa~oomamwDavu rare - ~ . vasI=rmemm asin.m00a z an rpa aammr a~■+maav at I - ,mmzum Jw#Pjmdamwrof WrrWSdm&Wmsma,e,ay I KEY TO PLANT114 G ZONES ufl7~ moors fad Y, MBUFFER ZONE ®RIPARIAN SHRUB ZONE CPAPM GLOW SHRUB SCRUB ZONE ' SC= r ®FOREST MARGIN ZONE l,,~~' QEMERGENT ZONE .,~m~.,,D..~BLWM". Lap i a,r. + v v v - - - vvv vvv vovv Br / vvv / ~ vv I / V O O • _ - - - - J / r ` r I r I s W ~ I I r~ ! I PRELIWAARY / J J / / r r . .oe \ / 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 MURRAY-SCHOLLS TOWN CENTER Off-Site Wetland Mitigation REVISED PRELMNARY PLANT SCHEDULE March 11, 1999 Plant Name Qty. per plot Unit Qty. Buffer Zone 1,281 sq. & 13 10 x 10 plots Black Hawthorn 1 2 gal 13 Red Alder 1 2 gal 13 Douglas Fir 0.5 6 6 Serviceberry 1 1 gal 13 Sword Fern 2 1 gal 26 Forest Margin Zone 1,721 sq. ft. 17 10 x 10 plots Black Hawthorn 2 2 gal 34 Red Alder 1 2 gal 17 Lady Fern 2 1 gal 34 Low Shrub Scrub Zone 13,015 sq. ft. 130 10 x 10 plots Douglas Spirea -2 1 gal 260 Clustered Rose 2 1 gal 260 Sawbeak Sedge 2 bareroot 260 Riparian Shrub Zone Mixed Willows Red-osier Dogwood Small-flowered Bulrush Emergent Zone Creeping Spikerush Small Fruited Bulrush Slough Sedge Veronica Seeding (Hydroseed) Blue Wildrye Northwest Manna Grass Red Fescue American Sloughgrass California Brome Total 12,674 sq. ft. 127 10 x 10 plots 3 cutting 380 2 cutting 253 2 tuber 253 6,529 sq. ft. 65 10 x 10 plots 10 bareroot 6 tuber 10 bareroot 6 bareroot Rate (lb acre) Quantity (lb) 3.8 3.1 2.7 23 4.0 3.3 6.5 5.4 4.0 3.3 21.0 17A 653 392 653 392 N i PRELlMIMfl y r ~ y 4 ri. CROSS SEC-rYpN A . ~ a y, CROSS SECT1014 g B rr ~ a u C 0 f ~ ~ a K V~~4 rn tC Alts 1-r \r r r r r• r' r r• r r r 1 1 1 1 1 ,-r re on John A. Kitzhaber, M.D., Governor Jan Stuart U.S. Army Corps of Engineers AM: CENPP-CO-GP P.O. Box 2946 Portland, OR 97208-2946 Department of Environmental Quality 811 SW Sixth Avenue Portland, OR 97204-1390 (503) 229-5696 TDD (503) 229-6993 5/38/99 The Department of Environmental Quality (DEQ) has reviewed Corps of Engineers permit application 998- 1451 (RF16240). Based on information provided by the applicant, DEQ does not anticipate any long-term violations of the Clean Water Act and State Water Quality standards, particularly 34041-026 (1)(a), Antidegradation Policy for Surface Waters, provided the conditions which follow are incorporated into the permit. The applicant, Gramor, Inc. proposes to fill 0.24 acres of wetland adjacent to Murray Hilt Pond near the intersection of SW Murray Blvd. and SW Scholls Ferry Rd in Washington County, Beaverton, Oregon (Section32, TIS/RIW). Approximately 2,000 cu. yds. of fill will be placed in 0.24 acres of wetland to create a base for a restaurant, a walking trail, and landscaping. In addition approximately 82 cu. yds. of riprap will be placed along 740 feet of the shoreline of Murray Hill Pond. Some excavation in the pond will be necessary to place the riprap. Water from springs in the wetland fill area is to be delivered to Murray Hill Pond. Mitigation for the wetland impacts will be undertaken off-site, however some onsite habitat enhancement is planned. 1 1. Fish protection/ODFW timing : a) All in-water work shall occur within the Oregon Department of Fish and Wildlife's (ODFW) preferred time window, as specified in: Oregon Guidelines for Timing ofln-Water Work to Protect Fish and Wildlife Resources. ' b) Provide for fish habitat; no obstruction or impediments to fish passage is to occur. No changes to stream gradient or negative impacts are to occur to the fishery. ' 2. Turbidity/erosion controls: The authorized work, during construction and until vegetative erosion controls are established, shall not cause the turbidity of Murray Hill Pond to exceed 10% above the natural turbidity 100 feet from the discharge point. Turbidity shall be monitored during in-water ' work. Monitoring points shall be at an undisturbed point more than 100 feet from the disturbance (representative background), at the discharge point, and at a point 100 feet from the disturbance. A turbidimeter is recommended, however; visual gauging of turbidity is acceptable. Visible project- related turbidity at 100 feet from the discharge point is considered to be an exceedance of the standard. For information on turbidity monitoring, contact Larry Caton (229-5983). The turbidity ' standard can be exceeded for a maximum of 2 hours (limited duration) provided all practicable erosion control measures have been implemented as applicable, including, but not limited to: a) Place fill with equipment, do not dump, where practicable; .,Cx ' DEQ-1 1 1 C) Seasoned wood, only to contact waters of the state; no wood treated with leachable. preservatives to be placed in the waterway; and d) Machinery refueling and maintenance is to occur off site or in a confined t designated area away from all waterways. BMP's shall be employed in order to prevent discharges of spills to surface or ground waters. ' e) The applicant must remove all. foreign materials, refuse, and waste from the existing stream channel as part of the mitigation. ' S etation: - e Pl ti / . re v g an ng a) Plant new vegetation or replace any existing vegetation in areas which may be 1 disturbed as a result of this project, in order to restore the function and stability of the landscape and habitat; i b) Plant disturbed areas with native plants and trees in all cases except where the use of non-native plant materials may be essential for erosion control; and ' c) The standard for success is 80% cover for native plant species. Temporary fencing off of planted areas may be required to insure success. ' b. The project proponent has agreed to perform onsite enhancement to control turbidity resulting from erosive wave action against the south shore. Under consultation with a Habitat Coordinator from ' ODFW, the contractor shall anchor long pieces of large woody debris off the south shore of the pond to intercept wave action. Bioengineering must be incorporated into the riprap proposed for the south shore which shall be class 150-200 to provide increased bank protection as well as enhanced interstitial habitat for aquatic species. The protection afforded the south shore area is expected to provide greater opportunity for colonization and survival of native plant communities both in the nearshore aquatic area as well as on the shoreline and will have a positive effect on water quality. 7. Spills into State waters; or onto land with a potential- to enter State waters, shall be reported by contacting *OERS directly at 1-800-452-0311. ' 8. DEQ reserves the option to modify, amend or revoke this WQC, as necessary, in the event new information indicates that the project activities are having a significant adverse impact on State t water quality or critical fish resources. 9. A copy of this WQC letter shall be kept on the job site and readily available'for reference by the Corps of Engineers, DEQ personnel, the contractor, and other appropriate state and local government inspectors. ' 10. This WQC is invalid if the project is operated in a manner not consistent with the project description contained in the permit application. , ' 11. DEQ is to have site access. 3 1 I b) Prevent all construction materials and debris from entering waterway; ' c) Use filter bags, sand bags, staked hay bales, sediment fences, silt curtains, Jersey barriers, leave strips or berms, or other measures sufficient to prevent movement of soil; d) Use impervious materials to cover stockpiles when unattended or during rain ' event; e) Erosion control measures shall be inspected and maintained daily, as necessary to ensure their continued effectiveness; Spoils or excavated materials shall be laced upland f) p and protected from erosron back into wetlands and waterways. Spoils are not to be placed on unstable slopes ' or a known landslide. Spoils piles are to be seeded and protected from erosion; g) No heavy machinery in waterway, where avoidable; h) Gravel staging area and construction access, where practicable; 1 I) Fence off planted areas to protect from disturbance and/or erosion; and j) Wetlands adjacent to the construction area are to be flagged or fenced off for protection. Turbidity shall be measured (or visually assessed) and recorded at a minimum, every two hours, during periods of active construction. The designated person attending the monitoring equipment shall be responsible for notifying the project foreman of any exceedance of the turbidity standard. If a 10% exceedance of the background level occurs at 100 feet from the project site, modify the activity causing the problem and continue to monitor every two hours. If exceedences occur with two consecutive measurements (two hours apart) stop the activity causing the turbidity until the problem is resolved. 3. Prevent any erosion or movement of sediments into the waterway as a result of this project which could otherwise be avoided, due to the Tualatin Min TMDL restrictions for phosphorus and ammonia-nitrogen which may be carried by eroding sediments. For this reason, the erosion of sediments, as well as increases in turbidity, must be absolutely minimized using the best available technologies. 4. Deleterious waste materials: ' a) Petroleum products, chemicals, fresh cement, riprap grout, or other deleterious waste materials shall not be allowed to enter waters of the state; b) Use only clean fill free of waste and polluted substances to maintain water quality, 2 1. t 1 1 1 t 12. If you are dissatisfied with the conditions contained in this certification, you may request a hearing before the Environmental Quality Commission. Such request must be made in writing to the Director of DEQ within 20 days of the mailing of this certification. You may also request written information about alternative dispute resolution services under Oregon Revised Statute 183.502, including mediation or any other-collaborative problem-solving process. The DEQ hereby certifies that this project complies with the Clean Water Act and state water quality standards, if the above conditions are made a part of the Federal permit. The applicant shall notify the DEQ of any change iia the ownership, scope, or construction methods of the project subsequent to certification. If you have any questions, please contact Tom Melville ® (503) 229- 5845. T:TM.Cert.stu.98-1451 cc: Applicant Jim Grimes, ODFW 4 Water Quality Division I RECEIVED 1 r APR t 1999 REGULATORY BRANCH Mr. Burt Paynter Corps of Engineers - Portland District P.O. Box 2946 Portland, Oregon 97208-2946 April 22, 1999 t Re: Section 7 Informal Consultation for Riparian Enhancement along Summer Creek, Permit App. No. 981451 1 t Dear Mr. Payntcr: The National Marine Fisheries Service (NMFS) has reviewed the request for informal consultation in your letter of March 12, 1999. As described, the proposed action for the stream riparian habitat enhancement occurring at Summer Creek near Beaverton, Washington County, Oregon may affect Upper Willamette River steelhead but is not likely to adversely affect this species or its critical habitat. This consultation is undertaken under section 7(a) (2) of the Endangered Species Act (ESA) and its implementing regulations, 50 CFR Part 402. The Upper Willamette River steelhead (Oncorhynchus mykiss) occur in the proposed project area. The Upper Willamette River steelhead was listed as threatened under the ESA by NMFS (March 25, 1999, 64 FR 14517). Critical habitat,has been proposed for the Upper Willamette River steelhead (February 5, 1999, 64 FR 5740) and includes the all river reaches accessible to listed steelhead in the Willamette River and tributaries above Willamette Falls plus the river reaches of the Willamette River and Columbia River downstream of the Willamette Falls. Critical Habitat consists of the water, substrate, and adjacent riparian zone. The proposal includes enhancing wetland and riparian habitat along Summer Creek by shaping and contouring the landscape and planting shrubs and trees. This proposal is part of a wetland habitat mitigation action for a commercial development project within the vicinity: The work would be conducted in a manner that would avoid direct affect to steelhead, which have not been recently documented to occur at the immediate site, and the work would be conducted during ODFW in-water work period. The work will be expected to temporarily increase turbidity in Summer Creek and sediment discharged downstream. This result in increased suspended sediment and increase in temperature may affect steelhead migration or spawning and rearing downstream. These impacts will be minimized by utilizing silt barriers and other erosion protection measures. The resulting habitat modification would be expected to increase higl;, ® Printed on Recycled Paper UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE °ar,?f' or ►r Northwest Region 7600 Sand Point Way NE Bin C 15700, Bldg. 1 Seattle, Washington 98115-0070 t ' water refuge areas. The riparian area will be planted with shrubs and trees which would contribute shade and bank stability to Summer Creek potentially reducing sediment discharge and temperature gains in the long run. As such, the Corps of Engineers concluded that the proposed work may affect, but is not likely to adversely affect the species indicated above. NMFS concurs with your determination. Our concurrence is based on: the absence of indicated fish species from the the immediate project vicinity; • the improvement to stream riparian conditions in the long term; • implemention of erosion protection including silt barriers and bare surface coverage; • resoration of distrurbed areas by -planting with native trees and shrubs; and • limiting the work to ODFW in-water work period. r This concludes informal consultation on this action in accordance with 50 CFR 402.14(b)(1). The Corps must reinitiate consultation if new information reveals that effects of the action may affect listed species in a way not previously considered; the action is modified in a way that r causes an affect on listed species that .was not previously considered; or a new species is listed or critical habitat is designated that may be affected by the action. If you have any questions regarding this letter, please contact Jim Turner of my staff at (503) 231-6894. Sincerely, 42 .1 Willi 2_telle,.~Jr. Regional Administrator 1 1 r Division of State Lands 775 Summer Street NE Permit No.: NO" C tit Type: RF-16240 Removal/Fill Salem, OR 97310 mW 503-378-3805 rway: THIS PE Wetlaud/Trib. Summer Creek Washington Date: March 26, 2000 WQA 98-1451 1 IS AUTHORIZED IN ACCORDAN "T.XI'O 196.990 TO PERFORM THE OPERATIONS DESCRIBED IN THE ATTACHED COPY OF THE APPLIC ATION, SUBJECT - TO THE SPECIAL CONDITIONS LISTED ON ATTACHMENT A AND TO THE FOLLOWING GENERAL CONDITIONS: 1. This permit does not authorize trespass on the lands of others. The t holder shall obtain all necessary access permits or rights-of-way before entering lands owned by anoth_ r. 2. This permit does not authorize any work that is not in compliance wr local zoning or other local, state, or federal regulation pertaining to the operations authorized by t. The permit holder is responsible for obtaining the necessary approvals and permits before procee ' er this permit. dkk 3. All work done under this permit must comply with Oregon A ' trative Rules, Chapter 340; Standards of Quality for Public Waters of Oregon. Specific water quality provisions for this project are set forth on-, Attachment A. 4. Violations of the terms and conditions of this permit s `ect to administrative and/or legal action which may result in revocation of the permit or damages. Th t holder is responsible for the activities of all contractors or other operators involved in work done at the site or under this permit. 5. A copy of the permit shall be available at the r site whenever operations authorized by the permit are being conducted. 6. Employees of the Division of State Lands and duly authorized representatives of the Director shall be permitted access to the project area at all reasonable times for the purpose of inspecting work performed under this permit. 7. Any permit holder who objects to the A'ermit ons of this permit may r uest a hearing from the Director, in writing, within 10 days of the date this was issued. 8. In issuing this permit, the Division of State Lands makes no ro-r-tsentation regarding the quality or adequacy of the permitted project desiCW als, construction,, or enance, except to approve the project's design and materials, as set a permit application, satisfying the resource protection, scenic, safety, recreation, and public access requirements of ORS Chapters 196, 390 and related administrative rules. 9. Permittee shall defend and ld harmless the State of ' ' on, and its officers, agents, and employees from any claim, suit, or action roperty damage or pens al ury or death arising out of the design, material, construction, or mainten e f the permitted improv . NOTICE: If remov m state-owned subm d submersible land, the applicant must comply with leasing and royalty ZV ns of O RS 274.530. If tgly ect involve&creation of new lands by filling on state- owned submerged ersible lands; you must with O RS 274.905 - 274.940. This permit does not relieve the permittee of an obligation to secure appropriate leases. from the Division of State Lands, to conduct activities on sVffe--%wned submerged or submersible lands. Failure to comply with these requirements may result in civil or i*"iability. For more information about these requirements, please contact the Division of State Lands, 378-38W. Earle A. Johnson, Manager Western Region Field Operations Oregon Division of State Lands Salae11F1D1Fons5AwSor~atimlPeevdtF~xdoe March 26, 1999 Date Issued 1 ATTACHMENT A . 16240 Special Conditions for Material Removal/Fill Permit No 1. This permit authorizes the placement of up to 2,000 cubic yards of fill material in Section 32, T1S, R1W (Wetlands, Trib. Summer Creek) for construction of a ' Commercial Development as outlined in the attached permit application, map and drawings. This permit also authorizes the removal of material for wetland enhancement as specified in special condition 6 below. 2. Turbidity shall not exceed 10% above natural stream turbidities as a result of the project. The turbidity standard may be exceeded for a limited duration, (per OAR 340-41) provided all practicable erosion control measures have been implemented as applicable, including, but not limited to: -use of filter bags, sediment fences, silt curtains, leave strips or berms, or other measures sufficient to prevent offsite movement of soil; -use of an impervious material to cover stockpiles when unattended or during a rain event; -graveled construction accesses to prevent movement of material offsite via construction vehicles; -sediment traps or catch basins to settle out solids prior to water entering ditches or waterways; and r Erosion control measures shall be maintained as necessary to ensure their continued effectiveness, until soils become stabilized. 3. Petroleum products, chemicals, or other deleterious materials shall not be allowed to enter the water. 4. Waste materials and spoils shall be placed at an approved upland disposal site and not in any unauthorized wetland areas. 1 5. In-water work shall be conducted between July 1 and September 30. Removal of existing woody vegetation shall be minimal. I Attachment A RF 16240 Page 2 of 3 MITIGATION CONDITIONS 6. The following conditions apply to the replacement wetland as described in the application and Proposal To Enhance Wetlands Downstream Of Summer Lake Park and as depicted on Figures 1 through 4. a) The wetland shall be constructed prior to or concurrently with the permitted fill. b)" The wetland shall be excavated or maintained as specified in the Mitigation ' Plan and as depicted on Figures 3 and 4 of the permit application. c) The shoreline and buffer of the wetland shall be seeded or planted with grass and/or legumes, native emergents and shrubs and trees. Trees and shrubs shall be of the species indicated in modified Table 1 and Figure 2. Following planting of the area, the vegetation shall be allowed to establish a natural character with minimal maintenance. All trees shall be protected with heavy gauge wire to prevent animal damage. The criteria for success shall be 80% survival for a period of three years. d) The issuance of this permit is conditional upon establishment of replacement wetlands of approximately 0.88 acres enhanced for loss of 0.24 acres of wetland habitat. ' MONITORING CONDITIONS 7. To insure a successful habitat replacement the permittee shall, for a period of three years, maintain the wetland until vegetation has become established and the area is functioning as designed. j 8. The applicant shall establish fixed photo points and monitoring shall be done as outlined in Exhibit 17 of the permit application.. Photos shall be taken annually from the established points for monitoring purposes. A photo documentation report shall be submitted annually (prior to October 1) to the Division of State Lands for a period of three years after wetland construction. i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Attachment A RF 16240 Page 3 of 3 CONTINGENCY CONDITIONS 9. The issuance of this permit is conditional upon acquisition of the required Development Permit from The City of Beaverton. 10. The Division of State Lands retains the authority to require appropriate corrective actions to the mitigation site in the event the newly created wetlands are not functioning as designed within a period of three years. 11. The Division of State Lands retains the authority to temporarily halt or modify the project in case of excessive turbidity or damage to natural resources. March 26, 1999 attachmentAwest\RF-16240.doc 1 1 U S Army Corps of Engineers Date Received JOINT PERMIT APPLICATION FORM THIS APPUCATION WILL MEET THE REQUIREMENTS OF BOTH AGENCIES District Eng' eer ATTN: CENPP-PE-RP P.O. Box 2946 Portland, OR 97208-2946 5031326-7730 Date Received ~ Lc a. State of Oregon Division of State Lands 775 Summer Street NE Salem, OR 97310 503/378-3805 U Applicant Name Gramor Oregon, Inc. business phone # (503) 245-1976 and Address 9895 S.E. Sunnyside Road, Suite P Clackamas, OR 97015 W Authorized Agent Frank M. Flynn business phone 1+(503) 294-9623 O contractor Stoel Rives, LLP Name and Address 900 SW 5th Avenue, Suite 2600, Portland, OR 97204 property uwner Michael an ary dray Business pnone #7M) l1x7-Rv (if different than applicant) 4640 S.W. Macadam Avenue, Suite 10 home phone # Name and Address Portland, OR 97204 Murrayhill Owner's Association, -c/o Nancy Knees, 15770 SW Bobwhite Circle, Beaverton, OR 97007 (9) Project Location street, xoaa or omer aescnpuve Location: LegaL Lescnpuon SW Murray Blvd and SW Scholls Ferry Road Vuarter becuon L ownsnip xange DA 32 1S 1W ' -In or Lear (Lity or Lown) k-oumy Tax 1Grap`7r ax t Beaverton Washington 1S132DA 100 -F aterway Wet 1a n/d S ~vea4o4bver Af ii e -Lauuwe L.ongttuae Noah-Fork-Summer-Greek Is consent to enter property granted to the Corps and the Division of State Lands? W Yes U No U Proposed Project Information Activity Type: (2 Fill a Excavation (removal) 0 la-Water Structure Q Maintain/Repair an Existing ' Structure Brief Description: Fill activity associated with a mixed-use residential and commercial development vroiect. ]fill will involve cubic yards annually and/or acres for the total project 2000 cubic yards in a wetland or be o the ordinary high water or high tide line. Flll will be 0 Riprap CRock (B Gravel OSand QSilt OClay 0 Organics O Other Fill impact Area is 0.24 Acres; irregular length; irregular width; 18' depth Removal will involve cubic,Y,ards annually and/or cubic yards for the total project Removal will be O Riprap U Rock V Gravel 0 Sand d Silt U Clay 0 Organics a Other Removal impact Area is Acres; length, width; depth Estimated Start Date M"umated Completion Date ' Will any material, construction debris, runoff, etc.- enter a wetland or water way? 0 Yes O No If yes, describe the type of discharge and show the discharge location on the site plan. PDX LA-143207.1 18810-0032 :ti Supplemental Wetland Impact Information (For Wetland Fills Only) Site Conditions of impact area Impact area is O Ocean O Estuary 0 River 0 Lake O Stream G Freshwater Wetland ' Note: Estuarian Resource Replacement is required by state law for projects involving intertidal or tidal marsh alterations. A separate Wetlands Resource Compensation Plan may be appended to the application. ' Has a wetland delineation been completed for this site? (2 Yes O No If yes, by whom: Kurahashi & Associates, Inc. 1 12600 SW 72nd Avenue, Suite 100 Tigard, OR 97223 (503) 968-1605 The Division verified the delineation in a letter dated October 8, 1998 (See Supplement A, Exhibit 7) ' Describe the existing Physical and biological character of the wetland/waterway site by area and type of resource (use separate sheets and photos, if necessary) See Supplement A, Exhibit 7, Wetland Report Resource Replacement Mitigation ' Describe measures to be taken to replace unavoidably impacted wetland resources See Supplement A, Section III. 'J Because this information is not necessary for a complete application, you may submit this sheet and other environmental information after submitting your application. ' POX1A-14SM.1 IU10 M r T Proposed Project Purpose & Description ' Project Purpose and Need: The purpose of the project is to develop a mixed use development in south Beaverton that is consistent with Beaverton's "Town Center" zoning. The project will create additional housing units and provide needed retail and commercial development needed to support the proposed and existing residential developments in south Beaverton. ' Project Description: ' See Supplement A. How many drawing sheets are included with this application? Exhibit 1-17 ' NOTE: A complete application must include drawings and a location map submitted on separate SIAM I sheets. ® Project Impacts and Alternatives Describe alternatives sites and project designs that were considered to avoid impacts to the waterway or ' wetland. See Supplement A, Section III.B. ' Describe what measures you will use (before and after construction) to minim impacts to the waterway or wetland. See Supplement A, Section III.B. ' NOTE: If necessary, use additional sheets. Q Miscellaneous Information Adjoining Property Owners and their Addresses and Phone Numbers Munayhill Owner Association ' c/o Nancy Knees 15770 SW Bobwhite Circle Beaverton, OR 97007 List all other approvals or certificates received, applied for, or denied that are related to this application. Issuing Agency Type of Approval Identification Number Dates of Application/Approval/Denial ' City of Beaverton Comp, Plan and July, 1998/Approved by Planning Development Code Commission--10/98 Teat Change I PDXIA-1452071 188100032 I CITY/COUNTY PLANNING DEPARTMENT AFFIDAVIT (to be completed by local planning official) O This project is not regulated by the local comprehensive plan and zoning ordinance. O This project has been reviewed and is consistent with the local comprehensive plan and is consistent with the ' local comprehensive plan and zoning ordinance. O This project has been reviewed and is not consistent with the local comprehensive plan and zoning ordinance. Consistency of this project with the local planning ordinance cannot be determined until the following local approval(s) are obtained: Cc O Conditional Use Approval Development Permit A,t' ' ® Plan Amendment ® Zone Change O Other ' 647p(~c'a on ® has O has not been made local approvals checked above. Signature (of local 1 g official) Title City/Co Date ' ® COASTAL ZONE CERTIFICATION If the proposed activity described in your permit application is within the Oregon coastal zone, the following . ' certification is required before your application can be processed. A public notice will be issued-with the certification statement which will be forwarded to the Oregon Department of Land Conservation and Development (DLCD) for its concurrence or objection. For additional information on the Oregon Coastal Zone Management Program, contact the department at 1175 Court Street NE, Salem, Oregon 97310 or call 503-373-0050. N/A CERTIFICATION STATEMENT I certify that, to the best of my knowledge and belief, the proposed activity described in this application complies with the approved Oregon Coastal Zone Management Program and will be completed in a manner consistent with the program. Print/Type Name Title Applicant Signature Date ® SIGNATURE FOR JOINT APPLICATION (REQUIRED) ' Application is bereby made for the activities described herein. I certify that I am familiar with the information contained in the application. and, to the best of my knowledge and belief. this information is true, complete, and accurate. I further certify that I possess the authority including the necessary requisite property interests to undertake the proposed activities. I understand that the granting of other permits by local, county, state or federal agencies does not ' release me from the requirement of obtaining the permits requested before commencing the project. I understand that local permits may be required before the state removal-fill permit is issued. I understand that payment of the required state processing fee does not guarantee permit issuance. ain President e (caapplka Title ' Ji.gC- December 8, 1998 ' nature (coapplicant) Date I certify that I may act as the duly authorized agent of the applicant. ' Print/Type Name Title PDX LA-14S=.1 I U10.0072 r 1 I. INTRODUCTION This project proposes to place 2,000 cubic yards of gravel fill in a 10,700-square-foot (0.24 acre) wetland. The fill is needed to construct a restaurant and trail on the site. The proposed restaurant and trail are part of a much larger project that will allow the site to be redeveloped in a manner and intensity more compatible with the surrounding uses. Because the surrounding area contains mostly residential developments, it is imperative to redevelop the site to create much needed office and retail space in south Beaverton. ' The wetland area is located in the northeastern end of the site next to a 3-acre manmade pond. The pond was created in 1986 from a tributary of Summer Creek as part of the Murrayhill Planned Unit Development. The pond was intended to fulfill the City of Beaverton's (the "City") requirements for stormwater detention and storage and the developer's desire for an aesthetic water feature. Because the 3-acre pond was created from ' a tributary, the developer of the Murrayhill Planned Unit Development received authorization from the U.S. Army Corps of Engineers (the "Corps") and the Oregon Division of State Lands (the "Division") to create the pond. Because that work was performed about ' headwaters of the tributary, the Corps authorized it by Nationwide Permit 26. At present, the pond contains three water fountains and its banks are used by the public and local residents for strolling and sitting. In addition, the wetland has minimal resource value ' because the wetland area is small and heavily degraded due to human activities including mowing, and grazing by waterfowl.. The overall project is comprised primarily of two tax parcels located in the northwest quadrant of the intersection of S-W Murray Boulevard and SW Scholls Ferry Road in Beaverton, Oregon. The exception to this is the small portion of land devoted to trail usage ' on property owned by the Murrayhill Owners Association. (See Exhibit 1, Aerial View of Site Area; Exhibit 2, Vicinity Map.) The Portland General Electric ("PGE") Maintenance Facility is currently located on the site. Gramor Oregon, Inc. ("Gramor") has proposed a lot partition for the site in which PGE will retain its existing 11,000-square-foot research laboratory and electrical substation. Gramor will purchase the remaining 17.88 acres, upon which a 35,000-square-foot one-story office building and a 29,000-square-foot maintenance garage are durrently located. Gramor plans to redevelop this site into a mixed-use development under the proposed "Town Center" plan and zoning code designation. The ' Planning Commission of the City has approved the Comprehensive Plan and Zone Map amendment. . The project is important in that it creates a new opportunity for a mix of housing in close proximity to the commercial services and employment opportunities associated with an emerging town center. The proposed use will. better support and reflect the character of the ' surrounding uses because most of the surrounding property consists of residential developments. Moreover, the proposal will intensify the land use on this parcel by redeveloping an existing industrial maintenance facility for residential and commercial use. ' It will increase the area's housing density consistent with the 2040 Growth Concept adopted PDX1A-142501.1 18810-0072 1 1 ' by Metro and the Metropolitan Housing Rule (OAR ch 660, div 7) and create employment opportunities in south Beaverton. ' A. Project Description ' 1. General Character The overall site plan is arranged into three zones: the Scholls Ferry frontage zone, composed of retail and commercial uses; the North area zone, incorporating a remodeled garage/storage building used for office and related uses in the short term and ultimately either a multilevel office complex or a dense housing complex, depending. on market forces ' and opportunities; and the Murray Boulevard frontage zone, composed of restaurant and residential development. (See Exhibit 3, Site Plan Showing the Three Zones.) ' The existing 35,400-square-foot single-story office building will be incorporated into the design within the Scholls Ferry frontage zone. Clearing and regrading the property will provide for contiguous and easily accessible development phases with related ground-level elevations. As regrading commences and hardscape areas are added, appropriate measures will be taken to accommodate the anticipated levels of storm water runoff. There are two options for the site. The first option, the Preferred Plan (Exhibit 4), incorporates an existing storage and garage building, which would be remodeled for ' approximately 36,000 square feet of office space and related uses. This option is considered an interim use until such time as a more intense development scheme is economically justified. The second option, the Ultimate Future Buildout (Exhibit 5), is for future ' residential development of the North area zone. This option assumes that the existing garage/storage structure is removed and replaced with new residential units. A final determination of whether the ultimate future build-out will be constructed depends on market ' forces and will be subject to Preliminary and Final Development Plan approval. 2. The Scholls Ferry Frontage Zone The Scholls Ferry frontage zone constitutes the primary retail/commercial area within the development proposal, with retail frontage stretching east to west,parallel to SW Scholls Ferry Road along an internal curvilinear lane. Access to parking available to retail development is provided by two existing curb cuts along SW Scholls Ferry Road that will be designed as well-defused avenues with sidewalks. These avenues reach into the site creating ' pedestrian-friendly intersections where they meet other on-site streets. (See Exhibit 4, Preferred Plan; Exhibit 5, Ultimate Future Buildout.) A third curb cut is proposed along SW Scholl s Ferry Road near the Bonneville Power Administration ("BPA") open space area at the western edge of the property. This additional ' access point serves as a terminus to the curvilinear lane in front of the retail frontage and provides immediate circulation to a service station pad planned for this location. Retail PDXIA-14=1.t 1010-OM 2 1 ' buildings clustered around each of the entry points bring the retail presence as close as possible to SW Scholls Ferry Road, providing further street definition and architectural ' character. A second level of commercial office space is situated over the primary retail building ' in the center of the Scholls Ferry frontage zone. This office component has a ground-floor level on the north side of the retail building with access to dedicated parking. The parking area is well screened from both SW Scholls Ferry Road and SW Murray Boulevard by the ' retail buildings and allows the office component to operate independently from the retail areas while providing open land for future development opportunities. A 1 3. The North Area Zone The North area zone is a four-acre parcel well situated for either office or residential development as they are both destination uses that do not require the high visibility and immediate access that retail does. The site will be served by two primary internal streets connecting to SW Scholls Ferry Road. in the short term, the existing garagelstorage building will be remodeled for 36,000 square feet of office- and service-related uses. Parking will be provided in existing parking areas within the North area zone. In the long term, this site would be redeveloped as a residential component in the form of senior or assisted living, supporting 150 to 200 units. Adequate surface parking and decked parking is possible in this scenario as each individual unit is relatively small, making for a compact multistory building. This would result in a significant amount of open space suitable for amenities. (See Exhibit 5, Ultimate Future Buildout.) 4. The Murray Boulevard Frontage Zone Within the Murray Boulevard frontage zone a cluster of restaurants and a townhouse development take advantage of a manmade water detention facility that forms a pleasant open space to the north. The pedestrian and park-like environment now found along the north side of the detention facility will be extended around the southern side of the feature, completing the waterfront walk around the entire pond. This pathway has clear and direct connections to the retail, office, and residential portions of the site, ultimately connecting to the large trail network that weaves throughout the region. The wetland is located in the Murray Boulevard frontage zone. Precedent for building near the water feature is established by the existing commercial lending institution located on the north side of the pond on SW Teal Boulevard. The proposed restaurant will be of approximately the same size and architectural character as the existing building, while taking advantage of the waterfront proximity. PDR1A-142501.1 18810-0032 3 r There will also be a rowhouse development located in this zone. It will be built into an existing berm that is approximately 25 feet high, steep and difficult to maintain. Each ' rowhouse is planned for three stories with garage and entry functions at grade, main living areas on the second floor and bedrooms at the top. ' 5. Access and Circulation Access and circulation is shown on the Circulation Plan (Exhibit 6). The internal 1 private streets provide a "grid" within the site, linking SW Scholls Ferry Road and SW Murray Boulevard to all components of the development and to SW Teal Boulevard to the north. Of the three access points to SW Scholls Ferry Road, the middle access street will ' be a signalized intersection, thus providing a safe, convenient pedestrian crossing at this point. Sidewalks along these internal streets provide a strong pedestrian network that links building entrances, pedestrian plazas, open spaces and transit stops on SW Scholls Ferry ' Road and SW Murray Boulevard, and connects those pedestrian improvements to existing pathways in the BPA open space to the west, and the detention pond and Murrayhill shopping center to the north. A transit stop on SW Murray Boulevard is proposed for bus route 62. The actual improvements will be coordinated with Tri-Met. The Circulation Plan is essentially the same for the Preferred Plan and the Ultimate Future Buildout Plan. B. Development and Tuning of the Project The project is expected to continence in May 1999. The proposed fill and work in ' the wetland will take place during summer of 1999 and shall be completed by September 1999. II. WETLAND EWFACT ASSESSMENT A. Description of Wetland and Other Waters Impacted by the Project Tax lot 100 comprises of 3.32 acres and includes 0.24 acre of wetland, which will be impacted by the project. The wetland is located within the Murray Boulevard frontage zone on the northeast property line and is bordered by a 3-acre manmade pond, which is located on the adjacent property. The northeast property line approximately follows the edge of the ' manmade pond. The pond was created in 1986 as part of the MurrayhW Planned Unit Development and was intended to fulfill City requirements for stotmwater detention and storage and the developer's desire for an aesthetic water feature. The pond was originally constructed to be about 3.3 acres in size, but has since filled in and become more shallow through natural processes. The pond also has a control structure and, therefore, impounds water fed directly to it by a tributary to Summer Creek. The wetland is a relatively flat bench consisting of 0.24 acres that extends into the pond and has been denuded of vegetation as a result of annual flooding, wet-season groundwater seepage and heavy use by a resident flock of geese and ducks. The vegetation is mainly a uniform lawn, which is maintained by r a contract landscape company. (See Exhibit 7, Wetland Report.) ' PDxia.142501.1 W10-W32 4 1 The hydrology on the site is dominated by the pond. The surface elevation of the pond remains fairly constant throughout the year due to the control structure. Periods of ' heavy rainfall cause the elevation to rise and fall quickly. Within the delineated wetland springs have been identified. The largest of these springs have created clearly defined drainage channels to the pond. (See id.) ' Gramor plans to fill a 0.24 acre square (10,700 feet) wetland with about 2,000 cubic yards of gravel to support a walking trail that is approximately 8 to 10 feet wide, ' landscaping, and a restaurant building of approximately 2,225 square feet. (See Exhibit 8, Site Plan showing wetland; Exhibits 9 & 10, Cross-Section of Wetland.) The fill material ' will consist of clean gravel from the vicinity of the project site suitable to support building foundations. Gramor also plans to place new rock at the edge of the pond to help stabilize the bank and to help prevent erosion. There would be some excavation in the pond to ' accommodate the rock. (See Exhibit 10, Cross-Section of Wetland.) B. Wetland Rmetional Analysis and Project Impacts ' Kurahashi and Associates, Inc. completed a function and condition assessment of the 0.24-acre wetland using the Oregon Freshwater Wetland Assessment Methodology ' ("OFWAM"). (See Exhibit 11, Wetland Functional Analysis.) In summary, the wetland has a neutral rating for most wetland functions. It does provide recreational opportunities, but not opportunities unique to wetlands, and a limited amount of hydrologic control for storms ' greater than the 25-year event. Also, due to its proximity to SW Murray Boulevard and the frequent amassing of waterfowl excrement, there-is an overall negative effect on the water quality of the pond. In addition, the wetland is not aesthetically pleasing. . ' The OFWAM assessment of the 0.24-acre wetland indicated that it provides habitat for some wildlife species and potentially contributes to fish habitat. However, an earlier ' assessment of this tributary stream of Summer Creek including the Murrayhill Pond, performed for the Fanno Creek Watershed Management Plan, rates the habitat value as "minus low" on a scale of low/medium./high. That assessment also rated the overall condition of the reach as "minus poor" on a scale of poor/fair/good, based on an array of physical, biological, water quality, and land-use characteristics. However, the two assessments are not directly comparable because neither is sufficiently site-specific to provide ' a strong assessment of the wetland. Additionally, the Fanno Creek assessment was conducted on a watershed scale using the best professional judgment of a team of natural resource consultants and did not use a standardized methodology. Currently, the wetland area is mowed and grazed by waterfowl and has had heavy human and waterfowl traffic. After viewing the wetland in the context, of the pond and ' current human and wildlife use, Kurahashi and Associates, Inc. concludes that the wetland, in its current state, does not provide fish and wildlife habitat, water quality, educational, or aesthetic functions. ' PDX1A.14=1.I 18810-0032 5 1 C. Division of State Lands Fill Permit Policy ' OAR 141-085-0050 provides that before issuing a wetland fill permit, "the director shall determine that the proposed fill would not unreasonably interfere with the paramount policy of [the] state to preserve the use of its waters for navigation, fishing, and public recreation[.]" OAR 141-085-0050(1) provides that the Director shall consider a number of criteria in determining the probable and cumulative impacts of the proposed activity and the 1 project's intended use on the water resources. Those criteria include: "(a The environmental and economic consequences of the proposed fill; ' "(b) Direct and indirect effects of the fill on submerged and/or submersible lands; "(c) Effects of the fill on the hydraulic characteristics of the fill site and surrounding areas, such as water circulation, tidal fluctuation, current patterns and flood hazards; ' "(d) Effects of the fill on special aquatic sites and refuges, sanctuaries and scenic waterways; "(e) Effects of the fill on water supply water access , , public recreation and aesthetics; and "(f) Effects of the fill on water quality and aquatic life and habitats." OAR 141-085-0050(1). ' The criteria have been fully discussed-in sections H. A. and 11.B above. Moreover, an analysis of alternative sites and measures considered to avoid and minimize wetland impacts ' is fully discussed in section M.B below. The information contained in sections H and III allow the Division to determine that ' • The project will not result in significant degradation of waters of the state, and will be consistent with the state's water quality standards. • The project will meet the cultural resources requirements of state statute. • There is no practicable alternative that would have less adverse impact on water resources. • The project will not adversely affect rare, threatened, or endangered species in ' the state. • The project will not cause significant degradation of municipal water supplies, ' aquatic life or habitats, aquatic ecosystem functions, or the recreational, aesthetic or economic values of the state's water resources. • Appropriate and practicable steps have been taken to minimize the adverse effects of the fill. I PDx1A-14=1.1 INTO-MU 6 1 1 1 1 1 1 D. Corps of Engineers Regulations This application is being submitted under Nationwide Permit 26. To be eligible for that permit, the site must be either above a "headwater," where annual average stream flow is less than 5 cubic feet per second, or an "isolated water" in which there is no hydrologic connection to a stream. The Portland District Corps also requires that the proposed fill area be less than 1/3 of an acre and that all feasible and prudent alternatives to avoid and/or minimize wetland impacts are considered by the applicant. In this case, the wetland proposed to be filled is located in a headwater where the annual average stream flow is less than 5 cubic feet per second and the proposed development area is only 0.24 of an acre. Moreover, Gramor has considered all feasible and prudent alternatives as discussed below in section III.B. M. WETLAND MITIGATION A. Introduction Specific mitigation requirements are set forth in the Oregon Freshwater Wetland Compensatory Mitigation Administrative Rule (the "Mitigation Rule"). OAR 141-085-0101- 0180. "Mitigation" is defined as "(16) * * [T]he reduction of adverse effects of a proposed project by considering, in the following order: "(a) Avoiding the impact altogether by not taking a certain action or parts of an action; "(b) Minimizing impacts by limiting the degree' or magnitude of the action and its implementation; "(c) Rectifying the impact by repairing, rehabilitating or restoring the affected environment; "(d) Reducing or eliminating the impact over time by ' preservation and maintenance operations during the life of the action by monitoring and tatting appropriate corrective measures; and "(e) Compensating for the impact by replacing or providing comparable substitute wetland or water resources." OAR 141- 085-0101. Proposed mitigation measures for this project are discussed below. 1 I PDX1A-142501.1 188100032 7 i 1 1 1 1 B. Avoidance and Minimization of Wetland Impacts 1. Alternative Sites Gramor has proposed a mixed-use development, to include office, retail, and high- density residential development. Under the City Comprehensive Plan and Development Code, the only other place in the city that allows for muted-use development is the central business district in the downtown area. There is no other property that can be developed as a mixed-use development in south Beaverton. The proposed office and retail development is necessary to serve the existing as well as the proposed residential development. There is only one other commercial property located near the proposed development and all of the surrounding property is residential. In addition, the proposed high-density residential development is beneficial because it increases the use intensity and density of residential developments inside the urban growth boundary, which is consistent with Metro's Urban Growth Management and Functional Plan. By increasing density, the proposed development helps to keep the urban growth boundary intact, thereby avoiding impacts on wetland and other natural areas outside the urban growth boundary that remain relatively unaffected by urban development. 2. On-Site Alternatives Gramor has explored a number of options that include shifting the restaurant pad and trail location to the west, north, and south of the proposed location, and which also include not building the restaurant and trail as part of the overall proposed development. If the restaurant pad and trail were shifted 25 feet southwest, the width of the two- way roadway would be reduced to. less than the required 26 feet, which is the City's minimum width for travelways, curbs and a 5-foot sidewalk. Additionally, the land area ' allocated for the rowhouses would be reduced in width from 80 feet to 60 feet, making the lot size infeasible from a physical and economic standpoint. Further, moving the trail outside the wetland area would defeat the purpose of a continuous shoreline trail and would result in continued use of the area by the public for walking, causing degradation of vegetation and possible erosion. ' Shifting the restaurant pad and trail 70 feet to the south would result in the pad being located on top of a storm drainage easement and would reduce the number of parldng spaces by 15 to 20. This alternative would place the restaurant- pad on top of the easement, thereby creating an unacceptable impact on the storm drain. Furthermore, as noted above, moving the trail outside the wetland area would defeat the purpose of a continuous shoreline trail. ' Shifting the restaurant pad and trail 20 feet to the northwest would require the restaurant pad to be compressed into a narrow configuration, would decrease the two-way private roadway width to less than. the required 26 feet, would reduce the land area available ' for the rowhouses, and would reduce the cumber of parking spaces. The roadway needs to ' MIA-142301.1 LUI04= $ 1 t be at least 26 feet to have two-way traffic and have proper access and circulation to the property . If the restaurant pad and trail were not built, the lot coverage ratio on the 3.32 acre parcel would be reduced to below 17 percent, which is the minimum coverage needed for a profitable return on the investment. The inclusion of the restaurant in this mixed-use project is essential to its success because lending institutions would not consider extending loans without it. Moreover, if the trail around the detention pond were omitted from the proposed project, users would continue to trample the terrain, causing erosion and turbid water conditions. The trail will direct the pedestrian traffic to centralized locations, reducing the negative effect of foot traffic on vegetation and soils. 1 Thus, because there is no practicable, feasible, or reasonable on-site alternative, the only option is to build the restaurant, and trail within the 10,700-square-foot wetland. C. Rectifying or Reducing Impacts over Time Indirect impacts on the pond to the north will be reduced by various means, including erosion control measures and best management practices implemented during construction, which will minimize sediment reaching the pond. The measures will include silt fences along the edge of the pond and placement of hay bales or biofiltration bags. D. Compensatory Mitigation for Unavoidable Impacts The Mitigation Rule sets out certain priorities in identifying mitigation sites. On-site mitigation is preferred unless it can be shown that it is not practicable. Similarly, in-kind mitigation--that is, within the same wetland class--is preferred, unless shown to be impracticable. The mitigation site should also be within the same watershed as the proposed project. OAR 141-085-0120. Compensatory mitigation plans may, however, propose to compensate for project impacts at a mitigation bank site approved by the Division. OAR 141-085-0115(4)(a). r 1. On-Site Mitigation Alternatives ' Gramor. met with the Division, the Corps and the City to examine the site and evaluate on-site mitigation opportunities. Agency representatives suggested that mitigation along the pond be considered. Gramor's tax lot 100 has limited frontage,along the pond in which to conduct improvements. The majority of the property is owned by the Murrayhill Owners Association (the "MHOA"). Gramor requested that the MHOA authorize such improvements on their property. (See Exhibit 12, Letter to the MHOA (Apr. 9, 1998).) While the MHOA approved of the concept of a restaurant at the site, it rejected Gramor's request to conduct mitigation onsite. (See Exhibit 13, Letters from MurrayhW Owners Association (Apr. 10 & May 1, 1998).) Moreover, the area surrounding the pond supports a large population of ducks and geese that heavily impacts vegetation by eating wetland plants h PDX1A-14Z501.1 18810-W32 9 1 1 1 1 1 1 growing along the lake. The MHOA pointed out that previous attempts at wetland enhancement on the western shore were unsuccessful because wildlife consumed the plants. 2. Off-Site Mitigation Alternatives Gramor explored opportunities within the Summer Creek watershed including some on upper reaches of the North Fork as recommended in the Fanno Creek Water Management Plan. Kurahashi and Associates, Inc. inspected the area and found it too small and steep, making enhancement extremely difficult. Gramor also worked with the City of Tigard, the Unified Sewerage Agency, and the Friends of Summer Creek to identify a suitable mitigation site in the Summer Creek watershed. The City of Tigard approved Gramor's request to provide nearly an acre of enhancement on Summer Creek near 121st Avenue, which is located directly upstream of the City of Tigard's ongoing Merlestone Pond Enhancement Project. (See Exhibit 14, Letter from City of Tigard (Aug. 3, 1998); Exhibit 15, Location of Mitigation.) The project would be coordinated with the Merlestone Pond Enhancement Project being undertaken by the City of Tigard. Gramor's contribution would be a separate project immediately adjacent to the City of Tigard's project. To mitigate for wetland impacts due to the restaurant and trail, Gramor proposes to remove the existing mat of reed canary grass and revegetate the entire area with native riparian and wetland species. (See Exhibit 16, Mitigation Plan.) The mitigation plan also includes some minor grading to introduce diversity in the topographic and hydrologic conditions on the site. The grading will create shallow off-channel depressions that will flood in the winter and retain some water into the growing season. Those depressions will be planted with emergent wetland vegetation. The creek and existing forest edge on the southwest side will be revegetated with forested wetland plantings. The remaining wetland areas will be planted with a sparse, low shrub/scrub community. Additional plantings would be provided to enhance the wetland buffer on the southeast corner of the existing pedestrian bridge. The work will enhance the 0.88-acre wetland and 0.03 acres of buffer area. The primary goal of the mitigation plan is to improve wildlife habitat by establishing native wetland plant communities in an existing wetland dominated by reed canary grass. The proposed mitigation plan will enhance the existing wetland. At the site, the floodplain is dominated by reed canary grass, and thus is eligible for enhancement as wetland mitigation under state regulations. Finally, by replacing the monotypic stand of reed canary grass with native riparian and wetland vegetation, the new vegetation would. improve the temperature management in Summer Creek. In sum, the proposed mitigation would enhance the existing wetland site and help promote the viability of the surrounding wetland and watershed area. Gramor proposes the following monitoring plan: Three on-site data collection visits will be made annually. A mid-to-late March visit will be made for the purpose of collecting PDX I A-147501.1 18810-W32 10 i 1 i 1 a i full wetland monitoring data. (See Exhibit 17, Wetland Mitigation Monitoring Plan (showing the sample data form).) Subsequent June and September visits will be made to collect additional hydrology and vegetation data to track seasonal hydrologic fluctuations and annual species that emerge at different times of the growing season. One data plot will be located within each wetland plant community type. Data-plot locations will be the same during the three site visits to provide comparative data within a given year but will vary from year to year to ensure a representative coverage of the entire project. Direct and indirect reservations of wildlife use of the site will be recorded during all site visits as well. An analysis of the data will be provided to the Department of State Lands and/or the Corps with the required Photographic Record in annual monitoring reports for the monitoring period. (See id.) PD X I A-14ZS01. 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Consultant; Kurahashi & Associates, Inc. I 1 1 I 1 I 1 1 Attachments: Vicinity Map Sheets W2.01 and W4.01, Preliminary Wetland Mitigation Play Wetland Mitigation Plant Schedule Copies of letters from the Unified Sewerage Agency and the Friends of Summer Creek Background Gramor Oregon, Inc. is developing a town center at the junction of SW Murray Boulevard and SW Scholls Ferry Road in Beaverton, Oregon. The project inchuies a restaurant pad located in the south side of MurrayhM Pond that will result in approximately 9,200 square feet of impact to a degraded wetland adjacent to the pond. In order to provide adequate mitigation for the proposed impact, Gmmor has considered creating new wetlands associated with the pond, however, the property owner of the remaining pond frontage, the Murray Hill Home Owners Association, has not agreed to provide Gramor with any area for wetland mitigation. In cooperation with City of Tigard, the Unified Sewerage Agency, and the Friends of Summer Creek, Gramor has identified a need to enhance an esstmg wetland, owned by the City of Tigard, located on Summer Creek directly upstream of the City's ongoing Meriestone Pond Enhancement Project (see the Vicinity Map). At this site, the floodplain is -dominated by Reed Canarygrass, andttms, is eligible for enhancement as wetland mitigation under State and Federal regulations. Enhancement Concept Gramor proposes to physically remove the existing mat of Reed Casa ;des and re-vegetate the entire area with native riparian and wetland species. The plan also includes some minor grading to introduce diversity in the topographic and hydrologic conditions on the site (see sheet W2.01). The grading would create shallow off-channel depressions that would flood in the winter and retain some water into the growing season. These depressions would be planted with emergent wetland vegetation. The creek and depressions would be lined with riparian shrubs to provide shading and tempera tum managemeat. The existing forest edge on the southwest side would be re-vegetated with forested wetland plantings. The remahz mg wetland areas would be planted with a sparse, low shrub/scrub community. Additional playtings would be provided to enhance the wetland buffer en the southeast ccan of the existing pedestrian bridge (see the sheet W4.01 and the Plant Schedule). This enhancement world improve the 0.88 acres of wetlands and 0.03 acres of buffer area that area currently in a degraded state. Monitorinz Grarnor intends to require a two year maintenance program in the Pleating contract and will be fully committed to completing the monitoring. obligation that will be mandated in the Joint 404 DSL RemovaUFill Permit. Gramor will obtain agency approval for a monitoring program at the time of the permit application- f - ' MURRAY-SCROLLS TOWN CENTER Off-site Wetland Mitigation Access for Construction Access for construction might be able to be timed with the construction of the Merlestone Pond Enhancement Project, assuming that the construction of both projects occur in the summer of 1999. Other ' access options include the edsting trail easement and alignment off of SW Shoreview Place and/or crossing Summer Lake Park off of SW Lakeview Drive, the latter of which would be preferable from the stand point of the disturbance to crating park and trail faplities. ' Benefits to the City of Tigard • The project would cdend the Merlestone Pond Enhancement Project to the eastern boundary of ' Summer Lake Park. • A potential source of Reed Canarygrass infestation that could threaten the success of the plates for ' the Meriestone Pond Enbaucemerrt Project would be controlled. • The replacement of a monotypic stand of Reed Canarygrass with native riparian and wetland vegetation would improve temperature management in Summer Creek. 1 1 1 11, Grp mor Oregon, Inc. brae 9, 1998 2 i 1 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 MURRAY-SCHOLLS TOWN CENTER Off-Site Wetiand Mitigation PRELUMNARY PLANT SCHEDULE May 19, 1998 Plant Name Qty. per plot Unit Buffer Zone 1,281 sq. & 13 10 x 10 plots Black Hawthorn 1 2 gal Red Alder 1 2 gal Douglas Fir tiN4 IMP &,4- 0.5 6' Serviceberry 1 1 gal Sword Fern 2 1 gal Forest Margin Zone 1,747 sq. tt. 17 10 r 10 plots Black Hawthom 2 2 gal Red Alder 1 2 gal: Lady Fem 2 .1 gal Low Shrub Scrub Zone 13,919 sq. & 139 10 z 10 plots Douglas Spirea 2 1 gel Clustered Rose- 2 1 gal Sawbeak Sedge 2 bareroot Riparian Shrub Zone Mixed Willows Red-osier Dogwood Small-flowered Bulrush Emergent Zone Creeping Spikerush Small-fruited Bulrush Sloes Sedge Veronica Seeding (Hydroseed) Blue Wildrye Northwest Manna Crass Red Fescue American Sloughgzass California Brame Total Qty. 13 13 )1, 12. 13 26 35 17 35 278 278 278 13,700 sq. & 137 10 x 10 plots 3 cutting 411 2 cutting 274 2 tuber 274 5,375 sq. B. , 54 10 z 10 plots 10 barcroot 1370 6 tabor 822 10 barcrw 1370 6 barcroot 822 Rate (lb acre) Quantity % by wt 3.8 3.1 18 2.7 2.3 13 4.0 3.3 19 6.5 . 5.4 31 4.0 3.3 19 21.0 17.4 100 7"4 6 L,, I 1 F 1 1 1 1 1 1 o z Summer Lake Park EARN J V V r N r eAjKOTA i Mary Woodward Elementary School t t Murray-Schools Town Center KURAHASHI OFF-SME VVE n-AND NMC%ATX:)N 8c ASSOCIAMES, INC. vICHty Map L QvU Engineering • hater Resourcea Landscape Architecture • planning Comer Crown i1- surveywg 12800 S.T. 72nd Avenue. 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' Wetland Mitigation Monitoring Plan ' Mitigation Goals and Performance Criteria The primary design goal of this mitigation is to improve wildlife habitat by establishing native wetland plant communities in an existing wetland dominated by Reed Canarygrass. With this goal in mind, the best criteria for measuring the performance of the mitigation project are a) the existence 'of hydric soils, wetland hydrology, and hydrophytic vegetation and b) establishment of stable t native vegetative communities within the wetlands, defined as at least 80% coverage of native species within the mitigation area. Using these criteria the primary indicators of potential failure of the project will be a lack of any one of ' the wetland characteristics, more than 20% coverage of non-native wetland vegetation, and the emergence and/or dominance of the following aggressive non-native plant species: Phalaris arundinacea Reed Canarygrass Rubus discolor Himalayan Blackberry Solanum dulcamara European Bittersweet (Nightshade) Lythrum salicaria Purple Loosestrife Crataegus monogyna Common Hawthorn The observation of any of these indicators will warrant recommendations for corrective actions to be submitted to DSL and/or the Corps for review. Permit Conditions The conditions of the permit set an 80% plant survival standard (to be assessed on an annual basis). This standard will be difficult to quantify for this project for three reasons: 1) Plantings primarily consist of herbaceous and aquatic species that will be planted in large quantities and it would not be practical to count individual plants. 2) Some species will be seeded rather than planted 3) Many species in the plant list may have previously existed on the site and are most likely in the native seed bed within the mitigation area. A single annual assessment of this criteria may also be insufficient since many of the species selected are - annuals and may not be as evident in August as they are in May (and vice versa depending on the species). Proposed Monitoring Methodology To adequately address these problems, an alternative program is proposed that uses the 1987 Corps of Engineers Wetland Delineation Manual Routine On-site sampling methodology. This methodology will also provide hydrology and soils data that can be used to evaluate the performance of the mitigation project. ' Monitoring of this site will involve three on-site data collection visits annually. A mid to late March visit will be made for the purpose of collecting full wetland monitoring data (see Attachment D; sample data form). Subsequent June and September visits will be used to collect additional hydrology and vegetation data to track seasonal hydrologic fluctuations and annual species that emerge at different times of the growing season. One data plot will be located within, each wetland plant community type. Data plot locations will be the same during the three site visits to provide comparative data within a given year, but Kurahashi do Associates, Inc page 1 EC MIT 17 MURRAY-SCHOLLS TOWN CENTER Wetland Mitigation Monitoring Plan 1 1 1 1 1 1 1 1 1 A 1 A A t t GRAMOR OREGON, INC. will vary from year to year to ensure a representative coverage of the entire project. Direct and indirect observations of wildlife use of the site will be recorded during all site visits as well. An analysis of these data will be provided to DSL and/or the Corps with the required Photographic Record in annual monitoring reports for the monitoring period. Attachments The following pages include a sample data form and a map showing proposed photo plot locations for the mitigation site. Knmhashi do Assoeimes, !nr page 2 yp O~ Department of Environmental Quality ' 1 c 811 SW Sixth Avenue Portland, OR 97204-1390 John A. Kitzhaber, M.D., Covemor (503) 229-5696 ' 5/18/99 TDD (503) 229-6993 Jan Stuart U.S. Army Corps of Engineers ATTN: CENPP-CO-GP ' P.O. Box 2946 Portland, OR 97208-2946 1 1 1 1 The Department of Environmental Quality (DEQ) has reviewed Corps of Engineers permit application #98- 1451 (RF 16240). Based on information provided by the applicant, DEQ does not anticipate any long-term violations of the Clean Water Act and State Water Quality standards, particularly 340-41-026 (1)(a), Antidegradation Policy for Surface Waters, provided the conditions which follow are incorporated into the permit. The applicant, Gramor, Inc. proposes to fill 0.24 acres of wetland adjacent to Murray Hill Pond near the intersection of SW Murray Blvd. and SW Scholls Ferry Rd in Washington County, Beaverton, Oregon (Section32, T1S/R1W). Approximately 2,000 cu. yds. of fill will be placed in 0.24 acres of wetland to create a base for a restaurant, a walking trail, and landscaping. In addition approximately 82 cu. yds. of riprap will be placed along 740 feet of the shoreline of Murray Hill Pond. Some excavation in the pond will be necessary to place the riprap. Water from springs in the wetland fill area is to be delivered to Murray Hill Pond. Mitigation for the wetland impacts will be undertaken off site, however some onsite habitat enhancement is planned. Fish protection/ODFW tinting : a) All in-water work shall occur within the Oregon Department of Fish and Wildlife's (ODFW) preferred time window, as specified in: Oregon Guidelines for Timing of In-Water Work to Protect Fish and Wildlife Resources. b) Provtde for fish habitat; no obstruction or impediments to fish passage is to occur. No changes to stream gradient or negative impacts are to occur to the fishery. 2. Turbidity/erosion controls: The authorized work, during construction and until vegetative erosion controls are established, shall not cause the turbidity of Murray Hill Pond to exceed 10% above the natural turbidity 100 feet from the discharge point. Turbidity shall be monitored during in-water work. Monitoring points shall be at an undisturbed point more than 100 feet from the disturbance (representative background), at the discharge point, and at a point 100 feet from the disturbance. A turbidimeter is recommended, however, visual gauging of turbidity is acceptable. Visible project- related turbidity at 100 feet from the discharge point is considered to be an exceedance of the standard. For information on turbidity monitoring, contact Larry Caton (229-5983). The turbidity standard can be exceeded for a maximum of 2 hours (limited duration) provided all practicable erosion control measures have been implemented, as applicable, including, but not limited to: a) Place fill with equipment, do not dump, where practicable; DEQ-1 1 C) Seasoned wood, only to contact waters of the state; no wood treated with leachable preservatives to be placed in the waterway; and d) Machinery refueling and maintenance is to occur off site or in a confined designated area away from all waterways. BMP's shall be employed in order to prevent discharges of spills to surface or ground waters. e) The applicant must remove all foreign materials, refuse, and waste from the existing stream channel as part of the mitigation. 5. Planting/re-vegetation: a) Plant new vegetation or replace any existing vegetation in areas which may be ' disturbed as a result of this project, in order to restore the function and stability of the landscape and habitat; r b) Plant disturbed areas with native plants and trees in all cases except where the use of non-native plant materials may be essential for erosion control; and ' c) The standard for success is 80% cover for native plant species. Temporary fencing off of planted areas may be required to insure success. 6. The project proponent has agreed to perform onsite enhancement to control turbidity resulting from erosive wave action against the south shore. Under consultation with a Habitat Coordinator from ODFW, the contractor shall anchor long pieces of large woody debris off the south shore of the pond to intercept wave action. Bioengineering must be incorporated into the riprap proposed for the south shore which shall be class 150-200 to provide increased bank protection as well as enhanced interstitial habitat for aquatic species. The protection afforded the south shore area is expected to provide greater opportunity for colonization and survival of native plant communities both in the nearshore aquatic area as well as on the shoreline and will have a positive effect on water quality. 7. Spills into Statc waters, or onto land with a potential to enter State waters, shall be reported by contacting OERS directly at 1-800-452-0311. ' 8. DEQ reserves the option to modify, amend or revoke this WQC, as necessary, in the event new information indicates that the project activities are having a significant adverse impact on State water quality or critical fish resources. 9. A copy of this WQC letter shall be kept on the job site and readily available for reference by the Corps of Engineers, DEQ personnel, the contractor, and other appropriate state and local government inspectors. 10. This WQC is invalid if the project is operated in a manner not consistent with the project description contained in the permit application. 11. DEQ is to have site access. 3 b) Prevent all construction materials and debris from entering waterway; ' C) Use filter bags, sand bags, staked hay bales, sediment fences, silt curtains, Jersey barriers, leave strips or berms, or other measures sufficient to prevent movement of soil; d) Use impervious materials to cover stockpiles when unattended or during rain event; e) Erosion control measures shall be inspected and maintained daily, as necessary to ensure their continued effectiveness; f) Spoils or excavated materials shall be placed upland and protected from erosion back into wetlands and waterways. Spoils are not to be placed on unstable slopes or a known landslide. Spoils piles are to be seeded and protected from erosion; g) No heavy machinery in waterway, where avoidable; h) Gravel staging area and construction access, where practicable; I) Fence off planted areas to protect from disturbance and/or erosion; and j) Wetlands adjacent to the construction area are to be flagged or fenced off for protection. Turbidity shall be measured (or visually assessed) and recorded at a minimum, every two hours, during periods of active construction. The designated person attending the monitoring equipment shall be responsible for notifying the project foreman of any exceedance of the turbidity standard. If a 10% exceedance of the background level occurs at 100 feet from the project site, modify the activity causing the problem and continue to monitor every two hours. If exceedences occur with two consecutive measurements (two hours apart) stop the activity causing the turbidity until the problem is resolved. 3. Prevent any erosion or movement of sediments into the waterway as a result of this project which could otherwise be avoided, due to the Tualatin Basin TMDL restrictions for phosphorus and ammonia nitrogen which may be carried by eroding sediments. For this reason, the erosion of sediments, as well as increases in turbidity, must be absolutely minimized using the best available technologies. 4. Deleterious waste materials: a) Petroleum products, chemicals, fresh cement, riprap grout, of other deleterious waste materials shall not be allowed to enter waters of the state; b) Use only clean fill free of waste and polluted substances to maintain water quality; 2 1 1 1 1 1 1 1 i 1 1 1 1 1 1 r 1 1 1 12. If you are dissatisfied with the conditions contained in this certification, you may request a hearing before the Environmental Quality Commission. Such request must be made in writing to the Director of DEQ within 20 days of the mailing of this certification. You may also request written information about alternative dispute resolution services under Oregon Revised Statute 183.502, including mediation or any other collaborative problem-solving process. The DEQ hereby certifies that this project complies with the Clean Water Act and state water quality standards, if the above conditions are made a part of the Federal permit. The applicant shall notify the DEQ of any change in the ownership, scope, or construction methods of the project subsequent to certification. If you have any questions, please contact Tom Melville r@ (503) 229- 5845. T:TM. Cert.stu. 98-1451 cc: Applicant Jim Grimes, ODFW Si cnaei t . Lipr)eiyn Administrator Water Quality Division 4 s... -Oregon John A. Kitzhaber, M.D., Governor 1 1 1 1 1 1 11 Matthew Grady, Project Manager Gramor Oregon, Inc 9895SE Sunnyside Road, Suite P Clackamas, Oregon 97015 Dear Mr. Grady: Department of Environmental Quality 811 SW Sixth Avenue Portland, OR 97204-1390 July 21, 1999 (503) 229-5696 TDD (503) 229-6993 This letter is in response to your letter of June 2, 1999. It serves as an amendment to the Section 401 Water Quality Certificate on Corps of Engineers Permit #98-1451, issued by DEQ on May 18, 1999. Specifically the amendment applies to and replaces condition #6 of the permit. This letter also is intended to resolve issues outlined in the Notice of Appeal and Requestfor Contested Case Hearing brought by Steven Pfeiffer, Stoel Rives, LLP., by his letter of June 7, 1999. Condition 6. The applicant Gramor Oregon, Inc., has agreed to provide bank stabilization and enhancement to control erosion and turbidity, and to improve and maintain water quality, along 740 feet of the south shoreline effected by the project. All habitat enhancement work must be done in consultation with an ODFW representative. The stabilization shall include class 150-200 or larger riprap in the rock toe. Homogeneous armoring is not allowed, the rock must be placed such that a highly irregular surface presents itself to wave action to dissipate hydraulic energy, as well as to create niches of habitat opportunity for aquatic fauna and flora. Bioengineering must be incorporated on all impacted banks in the project area regardless of slope. All areas of bank stabilization must be revegetated with native species and fenced for protection. Nonnative species may be used only in cases where'natives do not meet planting objectives. Fencing must remain, and be maintained, until vegetative survival and establishment is assured. Site monitoring shall be in cooperation with ODFW and shall include turbidity monitoring on a monthly basis, and vegetative analysis in May and September of each of the five years of the monitoring period. Should monitoring results indicate that: bank erosion is occurring; vegetative enhancement is unsuccessful; or turbidity is exceeding the standard of 10% over background for an undisturbed site in Murrayhill Pond, then further consultation to discuss corrective measures is required of the applicant with DEQ and ODFW. Corrective measures may include offshore wave deflectors in the form of logs, or nearshore gabion/rootwad structures, further vegetative measures, or other methods as agreed on. C cha%Twelyn dministrator A Water Quality Division Cc: Steven Pfeiffer, Stoel Rives Frank Flynn, Stoel Rives Jan Stuart, USACE Jim Grimes, ODFW Brendt Davis, Kurahashi & Associates DE¢1 CITY OF TIGARD OREGON August 3, 1998 Matt Grady Gramor of Oregon 9895 SE Sunnyside Rd. Suite °P° Clacamas, OR 97015 Dear Mr. Grady: This is to officially notify you that on July 28, 1998, the Tgard City Council approved Gramor Oregon's request to use City-owned property along Summer Creek east of 121 st Avenue for private wetlands. mitigation. The proposed enhancement covers approximately one acre and includes the removal of an existing area of Reed Canarygrass and its replacement with native riparian and wetland species. Council's approval is subject to the following conditions: 1. Gramor Oregon shall obtain a city sensitive lands permit and all other necessary permits and approvals required for the work. 2. Gramor Oregon shall obtain a street opening permit issued by the city Engineering Department before beginning work We look forward to working with you on the successful implementation of your proposed enhancement, which will provide water quality, aesthetic, and other benefits to this important urban stream. Sincerely, James N.P. Hendryx Community Development Director 13125 SW Hall Blvd- Tlgord OR 97223 (503) 639,4171 MD (503) 684-2772 E. Murray Scholls Town Center - Tigard Wetland Mitigation Vegitative Report, by Christopher Freshley Landscape Architect, November 15, 1999 1 1 1 1 1 1 1 I f 1 1 N 1 1 CHRISTOPHER FRESHLEY L A N D S C A P E - A R C H I T E C T M November 15, 1999 Matt Grady Gramor Oregon, Inc. 9895 SE Sunnyside Road, Suite P Clackamas, Oregon 97015 Re: Murray Scholls Town Center- Tigard Wetland Mitigation Vegetative Report Dear Matt, Please find the following report concerning the Tigard Wetland Mitigation for Murray Scholls Town Center. This analysis supersedes and replaces the original Vegetative Report from the Sensitive Land and Water Resources Overlay Written Narrative and Responses to Criteria dated September 10 1999 , Existing Conditions The site proposed for the Tigard wetland mitigation for Murray Scholls Town Center is located adjacent to Summer Lake Park in the City of Tigard. Surrounding conditions consist of maintained park lawns and walking paths to the extreme northwest, residential yards to the northeast, open water to the southeast, and a mixed forest of willow, fir and alder to the southwest. As shown on Sheet No. W5.01, as prepared by Kurahashi and Associates, Inc, the site is approximately 40,575 sq. ft. in size. Reed Canarygrass (Phalaris arundinacea) comprises approximately 39,000 sq. ft., or 96%, of the total site area. Additional existing vegetation is comprised of a mass of Red Osier Dogwood (Cornus sericea), a mass of Pacific Willow (Salix lasiandra), and a mass consisting of Oregon Ash (Fraxinus latifolia) and Black Hawthorn(Cratagus douglasii). The site is also inhabited by a variety of waterfowl, including ducks, geese, and herons. Grading/Erosion Control As shown on Sheet W2.01, as prepared by Kurahashi and Associates, Inc., the site will be graded to allow positive water movement through the site, to provide a diversity of hydrologic conditions and to provide a variety of planting zones inherent in a typical native wetland. The plan also calls out for the extraction of 1 1020 S.W. TAYLOR SUITE 355 • PORTLAND, OREGON 97205 • 503/222-9881 • FAX 503/224.7069 • E-MAIL: FRESHLEY@TRIAX.COM I November 15, 1999 Matt Grady Page 2 the existing Reed Canarygrass as part of the grading process and its removal off- site. The addition of topsoil will add to the fertility of the site and aid in establishment of the proposed plantings. The masses of existing vegetation will be preserved as construction permits. Some disturbance of these masses may occur during construction. Any mass areas disturbed during construction will be revegetated. Plantings As shown on Sheet W4.01 and on the Revised Preliminary Plant Schedule, as prepared by Kurahashi and Associates, Inc., planting zones are indicated for the site based on the grading plan. This is further described in section form on Sheet W6.02. Each planting zone requires specific plant material to be planted within the zone, based on its elevation within the wetland. The proposed plantings for the site have been verified as typical wetland plants found naturally in the Pacific Northwest. The plants will provide erosion control, reduce turbidity and sedimentation, enhance wildlife habitat by providing food and cover, and increase the ability for natural aquatic communities to survive. Measures will be taken prior to, during and after construction to reduce the impact of construction on and adjacent to the site. This includes erecting erosion control fencing around the site before construction, seeding with native grasses following the removal of all non-native materials, not allowing any equipment to enter 1 Summer Creek at any time, providing temporary irrigation to aid in establishment of plantings, and revegetating other areas disturbed during construction. This report was prepared by Michael Odren of Christopher Freshley Landscape Architect, landscape architect in the State of Oregon. Sin rely, Michael Roy Odren T { 1 1 F. Gramor/Murray Scholls Town Center Summer Creek Wetland Mitigation Erosion Control Narrative, By Kurahashi & Associates, December 27, 1999 1 1 1 1 1 1 1 robs KURAHASHI 61 ASSOCIATES, INC. December 27, 1999 Matt Grady Gramor Oregon, Inc. 9895 SE Sunnyside Road, Suite P Clackamas, Oregon 97015 Subject: Gramor Murray/Scholls Town Center Summer Creek Wetland Mitigation Erosion Control Narrative Dear Matt: The following is a detailed narrative describing the erosion control plan and the schedule of planned erosion control and re-vegetation measures: The time frame for construction of the Off-Site Wetland Mitigation for the Murray/Scholls Town Center (all earthwork) is anticipated to be between the months of July and September (during the summer low flow period). Prior to commencing earthwork operations on site, silt fence shall be placed in accordance to the Unified Sewage Agency and City of Tigard standards as shown on the Grading and Erosion Control Plan (Sheet W2.01). It is expected that all earthwork will be completed as one stage of work. To insure that Summer Creek is protected from sedimentation impacts during the excavation of the creek banks, the following measures are to be applied: • The backwater areas are to be excavated from the upstream end to the downstream end. Excavation in this manner will limit the potential impact to Sumner Creek. • Silt fence shall be temporarily installed in the creek bed at the toe of the bank where the breach for backwater areas is to occur. The silt fence shall extend upstream and downstream a minimum of 20 feet beyond the limits of the bank breach for each backwater area. This silt fence is intended to capture sediment released during the breach of the banks. Refer to the attached detail (Sediment Control For Backwater Bank Excavation) • When breaching the bank the contractor shall scoop the earth AWAY from the creek and make every effort to minimize the amount of sediment introduced into the water. • Silt fence that impedes normal flow of the creek will only be removed after the placement of the coir fabric is complete and no less that two hours after breaching to allow heavier sediment trapped behind the silt fence to settle. • Bio-Bags shall be placed across the backwater areas (parallel to contours) at intervals of 40' to provide sediment traps during rainfall events If flows are too heavy for the use of silt fence in the creek bed, the contractor shall establish temporary diversions at each breach point to isolate the breach area from flows until excavation is complete. The design and method of diversion is to be reviewed and approved by the engineer and the City of Tigard prior to implementation of the diversions. The staging of the re-vegetation is to be scheduled to insure the establishment of all plant materials. Silt fence is to remain in place until all plant materials are fully established. 15580 S_W. Jay Strcet. Suite 200. Beaverton. Oreycon 07006 503.644.6842 l=ax S03.644.9731 Civil Engincering Water Resources Landscape Architecture Environmental Planning Surveying Mr. Matt Grady, Gramor December 27, 1999 Page 2 If re-vegetation is not accomplished prior to winter rainfall, winter measures are to be implemented over the planting areas. I If you require any further information please do not hesitate to call me. ' Sincerely ~ v Timothy L. Gaschke I G:IDWGIENGR116771corrlmitigat.nar.doc 1 1 1 1 1 1 NEW BACKWATER 'Pr- C{. BACKWATER WATER LINE 1 TEMPORARY 12" PIPE BANK AREA I BANK AREA 10' 10' B10 BAGS I I 1 WATER LINE I~ I ON BANK - - - - - - - - - - - - - - L -J = - _ -S E3 I e--8--s a a 8 B B 6 I I I 10' 1 10' COIR FABRIC ON GRADE INSTALLED TO MANUFACTURERS STANDARDS A imobs KURAHASHI & ASSOCIATES, INC. Civil Engineering • Water Resources Landscape Architecture . Planning Surveying 15580 S.W. JAY ST., SUITE 200 BEAVERTON, OREGON 97006 (503)644-6842 FAX: (503)644-9731 PROJECT: MURRAY/SCHOLLS TOWN CENTER SUBJECT: SEDIMENT CONTROL. FOR BACKWATER BANK EXCAVATION DATE- JOB NO. 12/699 1677 SCALE: DRAWN BY: 1 "=10' AET DWG. EMB-PRO 1 1 G. Plans: 1 1 1 1 1 1 1 1 1 1 1 a LocationNicinity Map Existing Conditions Grading/Erosion Control Plan Planting Plan Typical Cross Sections Plant Schedule W.TT Summer - Lake Fork 0 v Y' ..m Mary Woodward Elemerifczry School ti i T C1 urrg W- chogis Town Center UKU'.RAHASH'I ow-wm MInGATM ac asaoCl..,A_TZs,.'lNC. VicWihl Map MWIl 8ngtngerbu • Tatar Bescurm laadwape drabitectare, • Plaaatn6 l ~noe OerOoR k~a 12800 3,T. r2nd Avenue. Suite 100 .Drawn by: Date: 5/28/98 SHEET NO. ~ Of ' 88srd. OsaBw B7 t~9 Scale: 1 a ~d' KAI 1636 (~o~)ess-f f= (000M-1106 Checked by: , SUMMER CREEK WETLAND ENHANCEMENT MURRAY - SCHOLLS TOWN CENTER GRAMOR OREGON 9895 S.E. SUNNYSIDE ROAD, SUITE F, CLACKAMAS, OR 97015 CONTACT: MATT GRADY (503)245-1976 FAX (503)654-9188 KURAHASHI AND ASSOCIATES, INC. 15580 S.W. JAY S'T'REET, SUITE 200, BEAVERTON, OR 97006 CONTACT: TIM GASCfiKE (503)644-6842 FAX (503)644-9731 PACIFIC WATER RESOURCES 4905 S.W. GRIFFITH DRIVE, SUITE 200, BEAVERTON OR 97006 CONTACT: ROGER SUTHERLAND (503)671-9709 FAX (503)671-0711 INDE W5.01 W6.02 W4.01 W2.01 X OF SHEETS EXISTING CONDITIONS TYPICAL SECTIONS PLANTING PLAN GRADINGIEROSION CONTROL PLAN OWNER CIVIL ENGINEER CONSULTANT end i ~t OREGON~+~' ~ `41tAf'8 .4R'• OC W F- Z z W ~ U W Z U Z ` xz5 0 pi a F- z 07 J o le O it! w c U U it U) N KURAHASIII Tes. . COVER SHEET VICINITY MAP N.T.S 64 AT0 L,2 It ICBM f3 Emu KE IC Ruru0 IrDE f< RS q(lW R WFUOM 16 WINU MU r 131 wo Q71DWI II mum No MoTim Q RS KMW. Strom,, A9 AIRLIIX wx Nm a 116 05uriM al m AI Rs go ® Ac iMS r b RS ILGiRI HALI6 Fig 9D1UL \ . 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Mearr and/or .o tar lied .owvmnt .h.11 be prahlbited s1, the bridge. O (alalnq !•nau .null 0• restor od to ortglml condition it Q4 mq.d our lnq cenctruatlnn. we 5'It rant. soul] bo v]aeod In • ]ndla.l. ca or ding to ' .'3•y O Orylfl•d Se.•oq. Aglner and Cllr al TlgorO IM con[ral --!}enter el. "O Noel: ae. [-dell dsbrle ar equlprrnt ena11 enter S.-r C, sk- Eo t•llnq troll e:ld ""U" m• togs snail b• pr par.od. D-9.4 lr and .hrube .6014 b• retplocod In k/nd as dlr.ot.d by lho O.n•r. 8 I1 Inches o! tn. Y.I tnq P1sd Caner ygrde• eat 11,111 b• r•mr•d and dl.pa.ed 11 oft-oils. SI• In<ns. of opla,-d topsail 06,11 be oM.4 prlar le s.•elnq, O rpp-1,nat• urfo" eats 1-1 ,o ab.,r,,.d 4/2eAl). ?10 Geds .mrg.nl ar a. to 2 lost bale. s.l sting Trade .Ito po•Illr. drofn.g• to l1,• r •k- Cratllnq eanl 1. I- Ih•.. a..de N11 be as dlr.t t.d In tn. ll.1a by Omv or or.•r's Repr.lon[atlr,- Sid. •Ipvss .1 a-rg•nl arses [o b• 1,a gr •a ter Ivan 1: 5. RId Oa¢s td b• vlae,d ¢era. 9odke¢dr ar,a• al Intor relo OAP111C SCALE of about .0'. (typlrel) as % ~ 1 ~ 44 ~ wr l •t ~A t aad i S•u•.• 44 tem.., 4aGt STT% BACKWATER DETAIL rq c--m, ~ r t]•a[r.ru rr pR b u« Aa~I ~ dsNO .al. q a ) ~ ~ ao turfs 6 ` - ~aN e.Nr est.utn to NNSd.clwlds sru~wdps ~ (r J F / robs KUR AHASHI / CON11TIM PLAN / W201 • • RECEIVED PLANNING January 4, 2000 JAN 0 4 2000 CITY OF TIGARD Sensitive Land and Water Resources Overlay Written Narrative and Responses to Criteria Summer Creek Wetland Enhancement, Murray Scholls Town Center Applicant and Agent: Gramor Oregon, Inc. 9895 SE Sunnyside Road, Suite P Clackamas, OR 97015. Phone: (503) 245-1976 Fax: (503) 654-9188 Contact: - Matthew Grady, AICP Tax Lot: 1S 1 34 CB T.L. 3801, 0.88 acres 1S13 3 DA T.L. 7200, 0.05 acres Both parcels owned by the City of Tigard Comp Plan/ Zoning: R-4.5 (PD) Tigard Wetlands & Stream Corridor Map: Wetland, USA Water Quality Buffer Description: On July 28, 1998 Gramor requested the use of 0.93 acres of City of Tigard owned property for enhancement purposes. The City Council approved Gramor's request on July 28, 1999. Gramor has obtained the approval of the entire Joint Corps/ DSL Permit attached as Attachment D. The proposed action is to physically remove the existing mat of Reed Canarygrass and re-vegetate the entire 0.93 acre site with native riparian and wetland species. The plan also includes some minor grading to introduce diversity in the topographic and hydrologic conditions on the site. The grading would create shallow off-channel depressions that would flood in the winter and retain some water into the growing season. These depressions would be planted with emergent wetland vegetation. The creek and depressions would be lined with riparian shrubs to provide shading and temperature management. The existing forest edge on the southwest side would be re-vegetated with forested wetland plantings. The remaining wetland areas would be planted with sparce, low shrub/ scrub community. Summer Creek Wetland Enhancement 01104/00 Page 1 Sensitive Lands and WR Overlay Written Narrative Applicable Code Sections: 0 On March 16, 1999 Gramor met with Jeff Munro (Tigard's Park Supervisor) and John Roy (Tigard's Property Manager) to discuss concerns about the actual construction activities and the impacts to surrounding neighbors and the City. The meeting established the need for Gramor and Gramor's contractors to notify property owners in advance of the work and to work with the parks department to cause as little disruption to the adjoining portions of the park. A pre-application meeting was conducted with the City of Tigard staff planner Mark Roberts on June 22, 1999 (Attachment A). A Neighborhood Meeting was conducted on July 23, 1999 in conformance with the City of Tigard's application submittal requirements. The documentation of this meeting is in Attachment B. 18.890 Decision Making 18.775 Sensitive Lands 18.797 Water Resources Overlay District Summer Creek Wetland Enhancement 01104/00 Sensitive Lands and VM Overlay Written Narrative Page 2 Preface The application narrative identifies criteria in italic print and responses are in regular print. The applicable criteria have been recited based upon conversations with former staff planner Mark Roberts. Section 18.775.070 Sensitive Lands Permit D. Sensitive lands permits issued by the Director 1. The director shall have the authority to issue a sensitive lands permit in the following areas by means of a Type II procedure, as governed in Section 18.390.040, using approval criteria contained in Section 18.775.070 C-E: a. Drainageways; b. Slopes that are 25% or greater or unstable ground; and c. Wetland areas which are not regulated by other local, state, or federal agencies and area designated as significant wetlands on the Comprehensive Plan Floodplain and Wetland Map. Response: The proposed action falls within the boundaries of a drainageway. 2. Sensitive lands permits shall be required for the areas in Section 18.775.020 Dl above when any of the following circumstances apply; a. Ground disturbance(s) or land form alterations involving more than 50 cubic yards of material; Response: The proposed enhancement involves disturbance of more than 50 cubic yards of material, therefore a sensitive lands permit is required. E. Sensitive lands permits issued by the Hearings Officer 1. The Hearings Officer shall have the authority to issue a sensitive lands permit in the 100- year floodplain by means of a Type IIIA procedure, as governed by Section 18.390.050, using approval criteria contained in-Section 18.775:070 B-E. 2. Sensitive lands permits shall be required in the 100 year floodplain when any of the following circumstances apply; a. Ground disturbance(s) or landform alterations in all floodway areas, b. Ground disturbance(s) or landform alterations in floodway fringe locations involving more than 50 cubic yards of material. Response: The enhancement project will disturb landforms in a floodway and will involve more than 50 cubic yards of material therefore a Hearings Officer shall have the authority to issue a sensitive lands permit. Summer Creek Wetland Enhancement 01/04/00 Page 3 Sensitive Lands and WR Overlay Written Narrative v 0 Section 18.775.070 Sensitive Land Permits A. Permits required. An applicant who wishes to develop within a sensitive area, as defined in Chapter 18.775, must obtain a permit in certain situations. Depending on the nature and intensity of the proposed activity within a sensitive area, either a Type II or Type III permit is required, as delineated in Section 18.775.015 D and E. The approval criteria for various kinds of sensitive areas, e.g., floodplain, are presented in Subsections B - E below. B. Within the 100-vear floodnlain. The Hearings Officer shall approve, approve with conditions or deny an application requires within the 100-year floodplain based upon findings that all of the following criteria have been satisfied: ' 1. Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero foot rise floodway shall not result in any encroachments, including f ll, new construction, substantial improvements and other development unless certified by a registered professional engineer that the encroachment will not result in any increase in flood levels during the base flood discharge. Response: Roger C. Sutherland, Director of Pacific Water Resources Engineering researched the proposed mitigation and land alteration and has determined that there will be no rise in the 100- year flood elevations at, upstream or downstream of the proposed site (Attachment Q. 2. Land form alterations or developments within the 100 year floodplain shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or developments associated with community recreation uses, utilities, or public support facilities as defined in Chapter 18.120 of the Community Development Code shall be allowed in areas designated residential subject to applicable zoning standards; Response: This enhancement project was strongly encouraged by the City of Tigard as an acceptable action on property owned by the City of Tigard. Tigard planning staff have verbally communicated that this enhancement was in concert with the comprehensive plan land use map that designates the site as R-4.5 (PD). Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100 year flood,- Response: Roger C. Sutherland, Director of Pacific Water Resources Engineering researched the proposed mitigation and land alteration and has determined that there will be no rise in the 100- year flood elevations at, upstream or downstream of the proposed site (Attachment Q. 4. The land form alteration or development plan includes a pedestrian bicycle pathway in accordance with the adopted pedestrian. Bicycle pathway plan, unless the construction of said pathway is deemed by the Hearings Officer as untimely; Summer Creek Wetland Enhancement 01104/00 Page 4 Sensitive Lands and WR Overlay Written Narrative i • Response: A pathway system presently exists adjacent to the proposed enhancement project area. These paths are part of the Summer Lake Park. The adopted pedestrian plan entitled "streets with bike lanes and offstreet paths" does not include additional paths adjacent to this enhancement area. Therefore it would be redundant and excessive for the enhancement project to construct pathways. 5. The plans for the pedestrianlbicycle pathway indicate that no pathway will be below the elevation of an average annual flood; Response: The applicant understands this criterion to apply to a pathway system indicated on adopted plans. The land area used for this enhancement project does not include a path, nor is there one shown on the adopted plans. 6 The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained; and Response: The relevant U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals are approved and attached as Attachment D. 7. Where land form alterations and /or development are allowed within the adjacent to the 104 year floodplain, the City shall require the consideration of dedication of sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive plan. This area shalt include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrianl'bicycle pathway plan. Response: In this case, the land is owned by the City of Tigard and deed covenants are to be recorded after the enhancement is completed to ensure that the native planting plan is maintained and never used for other land uses. The construction of bicycle and pedestrian pathways seems redundant in this situation because pathways already exist in close proximity to the enhancement site as part of the Summer Lake Park area. Examination of the City's "streets with bike lanes and offstreet paths" map indicates no offstreet plans for the enhancement area. E. Within wetlands. The director shall approve, approve with conditions or deny an application request for a sensitive lands permit within wetlands based upon findings that all of the following criteria have been satisfied: Response: Discussions with City of Tigard Planning staff indicate the Water Resources Overlay district Type II application for "In-stream and stream bank enhancement, including vegetation removal and replacement within 10 feet of the top-of-bank or edge of wetland" is more intensive evaluation of a proposed enhancement action, therefore this criterion is satisfied by addressing the applicable WR overlay criteria. Sumner Creek Wetland Enhancement 01/04100 Page 5 Sensitive Lands and WR Overlay Written Narrative • • Section 18.797 Water Resources Overlav District Section 18.797.050 Permitted, Conditional and Prohibited Uses Subsection D. Permitted and conditional uses. Response: The proposed enhancement is a private action not under the direction of the City of Tigard, therefore a Type II application is required under Table 18.797.1, under 2, h) "In-stream and stream bank enhancement, including vegetation removal and replacement within 10 feet of the top-of-bank or edge of wetland." Section 18.797.060 Application Requirements S. Type 1l and III uses: site specific survey required. Response: A map has been prepared that delineates applicable items listed 1 - 8 in the code. D. Type XI and III uses: required studies and mitigation reports. 1. Hydrology and soils report. This hydrology and soils report has been provided by Kurahashi & Associates, Inc. Hvdrology Existing Conditions The proposed project site is a floodplain wetland associated with Summer Creek that is subjected to frequent and prolonged inundation in the winter months and seasonal saturation within twelve inches of the soil surface well into the growing season. The site generally dries through the summer and remains mostly dry until late October or early November when the creek and/or water table begin to rise to normal winter levels. Effect of Hydrology on the Proposed Use This hydrology is ideally susted to the proposed use-of wetland mitigation. With the proposed grading modifications, the hydrology will establish the necessary physical conditions for establishing the proposed plant communities. This hydrology will also limit the time of construction to the dry season, however, the construction window is already limited to the period between July 1st and September 30th by the Joint 404 DSL Removal/Fill Permit. Soils Existing Conditions The SCS Soil Survey of Washington County maps the site at Wapato silty clay. Wapato is a hydric soil that is deep and poorly drained. These soils form in mixed alluvium on floodplains Summer Creek Wetland Enhancement 01/04!00 Page 6 Sensitive Lands and WR Overlay Written Narrative and are commonly found along creeks in the Tualatin Basin. Due to the hydrology described above, the soils are inundated and/or saturated throughout the site into the early summer months. A majority of the soil is dry during August and September when construction is proposed. When the soil is dry it can support the heavy equipment necessary to perform the proposed grading. Wapato soils have a moderate potential for erosion. Effect of Soils on the Proposed Use The soils present on the site are well suited to the proposed use. Since no structures or utilities are proposed, the soils need only to support equipment during clearing and grading. Since the site is flat and construction will occur during the dry season, perimeter controls as proposed in the Grading Plan will be adequate during construction. Once grading is complete the site will be seeded. The proposed construction schedule will allow for grasses to be adequately established before winter wet weather. Recommendations • Grading should be started no earlier than August 1 st and completed by mid-September to ensure that work occurs during the driest possible conditions and to allow adequate time for grasses to be established after construction. • Perimeter controls should be in place, particularly along Summer Creek, prior to beginning clearing and grading. • Heavy equipment should avoid running tracks or wheels through any persistent wet spots during grading. • Soil surfaces should be decompacted prior to seeding. 2. Grading Plan. The grading plan and erosion control measures has been prepared by Kurahashi & Associates, Inc. Existing conditions The proposed mitigation site was surveyed on 4/28/98 to identify the existing grades. The site ranges-from a high point-of-172 feet above mean sea level on the eastern bank-next-to the - existing foot path to a low point of 162 feet in the actual stream channel. On either side of the stream channel the grades are basically flat at elevations of 165 feet. Proposed Alterations The proposed action is to physically remove the existing mat of Reed Canarygrass and re- vegetate the entire site with native and riparian species. Twelve inches of Reed Canarygrass will be removed and six inches of approved top soil shall be added prior to seeding. Minor grading will occur as shown on the grading plan to create "emergent areas" to be within + 2 feet below finish grade with positive drainage to the creek. Summer Creek Wetland Enhancement 01/04/00 Page 7 Sensitive Lands and WR Overlay Written Narrative The timeframe for construction of the Off-Site Wetland work will be between the months of July through September (during the summer low flow period). Prior to commencing earthwork operations on site, silt fences shall be placed in accordance with the Unified Sewage Agency and the City of Tigard standards as shown on the Grading and Erosion Control Plan (Sheet W2.01). It is expected that all earthwork will be completed as one stage of work. Several measures of protection will be practiced to protect Summer Creek from sedimentation as discussed in Attachment F and shown below. Recommendations • All grading and planting will be confined to the limits of the project. • Existing pathways shall be restored to original condition if damaged during construction. Heavy and /or motorized equipment shall be prohibited on the bridge. • Existing fences shall be restored to original conditions if damaged during construction. • Silt fence shall be placed in areas indicated according to Unified Sewerage Agency and the City of Tigard erosion control standards. • No construction debris or equipment shall enter Summer Creek. • Existing trees and shrub massing shall be preserved. Damaged trees and shrubs shall be replaced in kind as directed by the Owner. 3. Vegetative Report This report is prepared by Christopher Freshley, Landscape Architects (Attachment E). Existing Conditions The site proposed for the Tigard wetland mitigation for the Mutray Scholls Town Center is located adjacent to Summer Lake Park in the City of Tigard. Surrounding conditions consist of maintained park lawns and walking paths to the extreme northwest, residential yards to the northeast, open water to the southeast, and mixed forest of willow, fir and alder to the southwest. As shown on Sheet No. W5.01, as prepared by Kurahashi and Associates, Inc., the site is approximately 40,575 square feet in size. Reed Canarygrass (Phalaris arundinacea) comprises approximately 39,000 square feet, or 96%, or the total site area. Additional existing vegetation is comprised of a mass of Red Osier Dogwood (Corpus-serieea), a mass of-Pacific Willow -(Salix Iasiandra), and a mass consisting of Oregon Ash (Fraxinus Iatifolia) and Black Hawthom (Cratagus douglasii). The site is also inhabited by a variety of waterfowl, including ducks, geese and herons. Proposed Alterations As shown on Sheet W2.01, as prepared by Kurahashi and Associates, Inc. the site will be graded to allow positive water movement through the site, to provide a diversity of hydrologic conditions and to provide a variety of planting zones inherent in a typical native wetland. The plan also calls out for the extraction of the Reed Canarygrass as part of the grading process and its removal off-site. The addition of topsoil will add to the fertility of the site and aid in Summer Creek Wetland Enhancement 01/04/00 Page 8 Sensitive Lands and WR Overlay Written Narrative 0 0 establishment of the proposed plantings. The masses of existing vegetation will be preserved as construction permits. Some disturbance of these massings may occur during construction. Any mass areas disturbed during construction will be revegetated. Plantings are shown on Sheet W4.01 and on the Revised Preliminary Plant Schedule, as prepared by Kurahashi and Associates, Inc., planting zones are indicated for the site based on the grading plan. This is further described in section form on Sheet W6.02. Each planting zone requires specific plant material to be planted within the zone, based on its elevation within the wetland. The proposed plantings for the site have been verified as typical wetland plants found naturally in the Pacific Northwest. The plants will provide erosion control, reduce turbidity and sedimentation, enhance wildlife habitat by providing food and cover, and increase the ability for natural aquatic communities to survive. Recommendations Measures will be taken prior to, during and after construction to reduce the impact of construction on and adjacent to the site including: • Erecting erosion control fencing around the site before construction • Seeding with native grasses following the removal of all non-native materials. • Not allowing any equipment to enter Summer Creek at any time. • Providing temporary irrigation to aid in establishment of plantings. • Revegetating other areas disturbed during construction. 4. Streambank Conditions Report Response: This report is not necessary because no reduction in the riparian setback area is proposed. Section 18.797.080 Development Standards The following shall apply to all development, including native vegetation removal and excavation, within the WR overlay district. Na application for. a use identified in section 18.797.050 shall be deemed complete until the applicant has addressed each of these standards in writing. A. Alternatives considered. Except for stream corridor enhancement, most Type 11 and III. uses are expected to develop outside of water resource and riparian setback areas. Therefore, Type II and Ill development applications must carefully examine upland alternatives for the proposed use, and explain the reasons why the proposed development cannot reasonably occur outside of the water resource or riparian setback area. Summer Creek Wetland Enhancement 01/04/00 Page 9 Sensitive Lands and WR Overlay Written Narrative B. Minimize siting impacts. The proposed use shall be designed, located and constructed to minimize excavation, loss of native vegetation, erosion, and adverse hydrological impacts on water resources. 1. For Type II and III uses, the civil engineer with experience in water quality must certify that any adverse water quality impacts of the development proposal will be minimized consistent with best management practices: Response: Roger C. Sutherland, Director of Pacific Water Resources Engineering researched the proposed mitigation and land alteration and has determined that there will be no rise in the 100- year flood elevations at, upstream or downstream of the proposed site (Attachment C). 2.. For all uses, the development shall be located as far from the water resource, and use as little of the water resource or riparian setback area, as possible, recognizing the operational needs of the proposed development. Response: The proposed enhancement project will not impact the riparian setback area. The enhancement will be conducted on either side of the stream banks all within the "wetland" area as shown on the City's wetlands & stream corridors map. In order for the enhancement to take place, there is no other option but to conduct the removal and planting within the wetland area. C. Construction materials and methods. Where development within the riparian area is unavoidable, construction materials or methods used within the riparian setback area shall minimize damage to water quality and native vegetation. Response: The goal of the enhancement project is to remove the reed canary grass and replant with native species. Extreme care will be taken to minimize damage to water quality and what native vegetation may exist within the project site. The bid documents for the vegetation removal and replanting will stipulate erosion control measures to minimize damage to water quality. These provisions will be required of the successful contractor. D. Minimize flood damage. Above ground residential structures shall not be permitted within the WR overlay district, where such land is also within the 100 year floodplain. On-site flood storage capacity shall not decrease as a result of development. The cumulative effects of any proposed development shall not reduce flood sforage capacity_ _ or raise base flood elevations on-or off-site. Response: Roger C. Sutherland, Director of Pacific Water Resources Engineering researched the proposed mitigation and land alteration and has determined that there will be no rise in the 100- year flood elevations at, upstream or downstream of the proposed site (Attachment Q. E. Avoid steep slopes. Within S0 feet of any water resource, excavation and vegetation removal shall be avoided on slopes of 2S% or greater and in areas with high erosion potential (as shown on SCS maps), except where necessary to construct public facilities Summer Creek Wetland Enhancement 01104/00 Page 10 Sensitive Lands and WR Overlay Written Narrative or to ensure slope stability.. Response: None of the areas within the enhancement project site contain gradients in excess of 5 percent. The staging area leading down to the actual enhancement site is sloped up to 15 percent. This area will be used for equipment such as a backhoe and dump truck. This is the only possible area to get the machinery in and out of the site. F. Minimize impacts on existing vegetation. The following standards shall apply when construction activity is proposed in areas where vegetation is to be preserved. 1. Temporary measures used for initial erosion control shall not be left in place permanently; 2. Work areas on the immediate site shall be carefully identified and marked to reduce potential damage to trees and vegetation; 3. Trees shall not be used as anchors for stabilizing working equipment. During clearing operations, trees and vegetation shall not be permitted to fall or be placed outside the work area; 4. In areas designated for selective cutting or clearing, care in falling and removing trees and brush shall be taken to avoid injuring trees and shrubs to be left in place; 5. Stockpiling of soil, or soil mixed with vegetation, shall not be permitted on a permanent basis. Response: Impacts will be minimized on existing vegetation with the exception that the reed canary grass, considered a noxious plant will be removed in entirety. Items 1- 5 will be adhered to during the vegetation removal and replanting phases of the enhancement program. G. Vegetation mitigation plan. If a Type H or Ill use is proposed within a water resource site or riparian setback area, or mitigation is proposed as a method to reduce the riparian setback in accordance with Section 18.797.100, a mitigation plan shall be prepared and implemented. Response: The enhancement proj ect does not propose to reduce the riparian setback area in any manner. The planting plan does take place within a wetland as designated on the City's "swetlands & stream corridors" map. The plan has been approved by the Division of State Lands, Corps of Engineers and Department of Environmenfal Quality. The plan will be carried out following the City's ultimate review and approval. H. Water and sewer infiltration and discharge. Water and sanitary sewer facilities shall be designed, located and constructed to avoid infiltration of floodwaters into the system, and to avoid discharges from such facilities to streams and wetlands. Response: The enhancement project does not propose the construction of water and sewer systems therefore no discharge is expected. Therefore this criterion does not apply. Summer Creek Wetland Enhancement 01/04/00 Page 11 Sensitive Lands and WR Overlay Written Narrative 0 • I. On-site systems. On-site septic systems and private wells shall be prohibited within the WR overlay district. Response: The enhancement project does not propose on-site septic systems. Therefore this criterion does not apply. J. Erosion control plan. If a Type II or III use is proposed within a water resource site or riparian setback area, the following erosion control standards shall apply with the WR overlay district: Response: The applicant, its representatives and contractors shall abide by the erosion control standards 1 - 9. K. Plan Implementation. A schedule of planned erosion control and re-vegetation measures shall be provided which sets forth the progress of construction activities, and mitigating erosion control measures. An approved Erosion Control or Re-vegetation Plan shall be implemented and maintained as follows: . Response: The applicant, its representatives and contractors shall abide by items 1 - 5 as applicable in the implementation of the erosion control and re-vegetation measures. Summer Creek Wetland Enhancement 01/04/00 Page 12 Sensitive Lands and WR Overlay Written Narrative 0 9 COUCIUSiOn: Based on the responses to the applicable criteria, the proposed enhancement proj ect meets the criteria and should be approved. Attachments i. Application ii. Address List of Property Owners Within 500 feet of the Site A. Pre-application Notes B. Neighborhood Meeting Documentation C. No Rise Certification For Tigard Mitigation Site, by Pacific Water Resources, Inc, August 19, 1999 D. Corps Permit/DSL Permit/DEQ Permit/Tigard Approval of City Land E. Murray Scholls Town Center - Tigard Wetland Mitigation Vegetative Report, by Christopher Freshley, Landscape Architect, November 15, 1999 F. Gramor/Murray Scholls Town Center Summer Creek Wetland Mitigation Erosion Control Narrative, by Kurahashi and Associates, Inc., December 27, 1999 G. Plans: Location/Vicinity Map Existing Conditions Grading/ Erosion Control Plan Planting Plan Typical Cross Sections Plant Schedule Tigardapplicatianver2 Summer Creek Wetland Enhancement 01/04/00 Page 13 Sensitive Lands and WR Overlay Written Narrative 0 0 CHRISTOPHER FRESHLEY LANDSCAPE • ARCHITECT January 7, 2000 Matt Grady Gramor Oregon, Inc. 9895 SW Sunnyside Road, Suite P Clackamas, OR 97015 RECEIVED :IAN 0 7 2000 GRMIOR OREGON, INQ Re: Summer Creek Watland Enhancement, Murray Schoils Town Center Dear Matt, This letter is to clarify several items identified in the Murray Scholls Town Center Tigard Wetland Mitigation Vegetative Report, dated November 15, 1999. To our knowledge, within the project site there are no hazardous trees that warrant removal. Additionally, it is our intention that no existing trees or shrub masses will be damaged, removed or otherwise disturbed. These items will be taken into account and every effort will be made to reduce or eliminate any adverse environmental impacts during construction. If you have any questions, please call. Sincereiy, Michael Roy Odren Landscape Architect T f 14 GREG Ol PE Ales" RECEIVED PLANNING JAN 0 7 2000 CITY OF TIGARD 1020 S.W. TAYLOR SUITE 355 • PORTLAND, OREGON 97205 • 503/222-9881 • FAX 503/224-7069 • E-MAIL; FRESHLEY@TRIAX.COM A ipblEhm KURLAHASHI & ASSOCIATES, INC. Revised January 13, 2000 December 27, 1999 Matt Grady Gramor Oregon, Inc. 9895 SE Sunnyside Road, Suite P Clackamas, Oregon 97015 Subject: Gramor Murray/Scholls Town Center Summer Creek Wetland Mitigation Erosion Control. Narrative (1636) Dear Matt: r~13 , RECEIVED PLANNING JAN 1 4 2000 CITY OF TIGARD The following is a detailed narrative describing the erosion control plan and the schedule of planned erosion control and re-vegetation measures: The time frame for construction of the Off-Site Wetland Mitigation for the Murray/Scholls Town Center. (all earthwork) is anticipated to be between the months of July and September (during the summer low flow period). Prior to commencing earthwork operations-on site, silt fence shall be placed, in accordance to the Unified Sewage Agency and City of Tigard standards as shown on the Grading and Erosion Control Plan (Sheet W2.01). It is expectcd that all earthwork will be completed as one stage of work. To insure that Summer'Creek is protected from sedimentation impacts during the excavation of the creek banks,.the following measures are to be applied: • The backwater areas are to be excavated from the upstream end to the downstream end. Excavation in this manner will limit the potential impact to Summer. Creek. • Silt fence shall be temporarily installed in the creek bed at the toe of the bank where the breach.for backwater areas is to occur. The silt fence shall extend upstream- and downstream a minimum of 20 feet beyond the limits of the bank breach for each.backwater area. This silt fence is intended to' .capture sediment released during the breach of the banks. Refer to the attached detail (Sediment Control For Backwater Bank Excavation), • When breaching the bank the contractor shall scoop the earth AWAY from the creek and make every effort to minimize the amount of sediment introduced into the water. • Silt fence that impedes normal flow of the creek will only be removed-after the placement of the coir fabric is complete and no less that two hours-after breaching to'allow heavier sediment trapped behind the silt fence to settle. • Bio-Bags shall be placed across the backwater areas (parallel to contours) at intervals of 40' to provide sediment traps during rainfall events If flows are too heavy for the use of silt fence in the creek bed, the contractor shall establish temporary diversions at each breach point to isolate the breach area from flows until excavation is complete. The design and method of diversion is to be reviewed and approved by the engineer and the City of Tigard prior to implementation of the diversions. \\BOND1 W orkvol2\Engr\16361doc\mitigat.nar.doc 15580 S.W. Jay Street, Suite 200, Bcaverton, Oregon 97006 503.644.6842 Fax 503.644.9731 , Civil. Engineering Water Resources Landscape Architecture Environmental Planning Surveying 1 Mr. Matt Grady, Gramor . ! December 27, 1999 Page 2 The staging of the re-vegetation is to be scheduled to insure the establishment of all plant materials. Silt fence is to remain in place until all plant materials are fully established. If re-vegetation is not accomplished prior to winter rainfall, winter measures are to be implemented over the planting areas. The stripped 12" of Reed Canary grass will be hauled to an off-site disposal area. The remainder of the excavated soil will either be mixed with offsite topsoil to add back a 6" topsoil layer or hauled to an off- site disposal area. If you require any further information please do not hesitate to call me. Sincerely Gregory T. Kurahashi, PE ta~OW President lam: 36 W:Tngr116361docVnitiga". doc --CL BACKWATER NEW BACKWATER WATER LINE PORARY PIPE ~EA 10' BANK AREA BANK AREA 10' BIO BAGS 1 WATER LINE 10' I ~ ON BANK 2$- a a 8--E~--ti 10' COIR FABRIC ON GRADE INSTALLED TO MANUFACTURERS STANDARDS PROJECT: DATE: JOB NO, Pubm MURRAY/SCHOLLS TOWN CENTER 12/6/99 1677 KURAHASHI & ASSOCIATES , INC . SUBJECT: SCALE: DRAWN BY: Civil Engineering • Water Resources SEDIMENT CONTROL FOR 1 10' AET Landscape Architecture . Planning Surveying DWG SUITE 200 15580 S W JAY ST. BACKWATER BANK EXCAVATION . . , . BEAVERTON, OREGON 97006 E M B- P R O 503)644-6642 FAX: (503)644-9731 , y. Limps of construction All grading and punting well be confined to ■ ~ ~ _ . THIS DATA BASE [S INTENDED FUR REFERENCE ONLY, NO GUARANTEE IS ~ area, I , MADE OF ITS ACCURACY QR COMPLETENESS. THIS INf URMATIQN SHOULD NO1 ,I I I BE USED WITHOUT INDEPENDENT EXAMINATION AND VERIFICATION OF ITS ' I Property boundaries are approximate and da nat represent a baunda 1 i 2 ACCURACY, SUITA9I1_I~Y, AND APPLICA~InN, ANYONE MAKING USE EF iHIS ~ survey, I INFORMATION DOES SE AT HIS OWN RISK AND ASSUMES ANY AND ALL I x T I I LIABILITY RESIB.TiNG FROM SUCH USE, I I Existin othwa s well be restored to ari inai condition if lama ed di , 9 p Y 9 9 3 i I I I construction Heavy and/or motorized equipment shall be prohibited 1 I ~7 I the bridge. I ~ I rJ r` III k ~~f 1 ~xistin fences shall be restored to original condition if damaged dui I II ~ , 9 4 i Pry 1, I f oanstructian, I ~ II ~ ; J I r 1 1 I I r II . ~ I Silt fence shall be laced In areas indicated accardin to Unified Sev ~ „ x I p g i 5 I 1 3 A envy and City of Tigard erosion control standards. 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