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Hearings Officer Packet - 08/07/20004 0 CITY OF TIGARD HEARINGS OFFICER AUGUST 7, 2000 - 7:00 PM AG E N DA I . CALL TO ORDER 2. PUBLIC HEARING CITY OF TIGARD Community Development Shaping .A Better Community 2.1 LOWE'S HARDWARE WETLAND MITIGATION (a FOWLER MIDDLE SCHOOL SENSITIVE LANDS REVIEW (SLR) 2000-00007 SENSITIVE LANDS REVIEW (SLR) 2000-00008 The applicant is requesting Type III Sensitive Land Review for alteration of the floodway by constructing an overflow channel and Type II Water Resources Overlay review for wetland mitigation within the wetland buffer area. The request is to mitigate a wetland that is being removed in another area of the City as part of the Eagle Hardware development (now Lowe's Hardware) by enhancing the wetland in the proximity of Fowler Middle School. LOCATION: North of Fowler Middle School, south of Tigard Street and west of Tiedeman Street. WCTM IS134DD tax lots 00900 and 01000. ZONE: R-4.5; Single-Family Residential (1,500 Square Feet) or (5,000 Square Feet Per Unit). The purpose of the R-4.5 zoning district is to establish standard urban low-density residential home sites. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.115, and 18.191. 3. OTHER BUSINESS 4. ADJOURNMENT CITY OF TIGARD HEARING'S OFFICER PAGE 2 OF 2 8/1/2000 PUBLIC HEARING AGENDA CITY OF TIGARD HEARING'S OFFICER AUGUST 7, 2000 - 7:00 PM TOWN HALL TIGARD CITY HALL, 13125 SW HALL BOULEVARD . TIGARD, OR 97223 Anyone wishing to speak on an agenda item must sign-in on the appropriate sign-in sheets. 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) 639-4111, Ext. 320 (voice) or (503) 684-2112 (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 8/1/2000 PUBLIC HEARING AGENDA Depending on the numbef people wishing to testify, the T' rd Hearing's Officer may limit the amount of time each person has to speak. WeMk you to limit your oral comments to 3 - 5 minutes. The Hearing's Officer may further limit time if necessary. Written comments are always appreciated by the Hearing's Officer to supplement oral testimony. AGENDA ITEM NO.:2.1 DATE: AUGUST 7, 2000 FILE NAME: LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL CASE NO.: SENSITIVE LANDS REVIEW (SLR) 2000-00007 SENSITIVE LANDS REVIEW (SLR) 2000-00008 APPLICANT: Lowe's Home Improvement Warehouse OWNER: Tigard Tualatin School District 1530 Faraday Ave, Suite 125 13131 SW Pacific Highway Calsbad, CA 92008 Tigard, OR 91223 REQUEST: The applicant is requesting Type III Sensitive Land Review for alteration of the floodway by constructing an overflow channel and Type II Water Resources Overlay review for wetland mitigation within the wetland buffer area. The request is to mitigate a wetland that is being removed in another area of the City as part of the Ea le Hardware development (now Lowe s Hardware) by enhancing the wetland in the proximity of Fowler Middle School. LOCATION: North of Fowler Middle School, south of Tigard Street and west of Tiedeman Street. WCTM IS134DD tax lots 00900 and 01000. ZONE: R-4.5; Single-Family Residential (1,500 Square Feet) or (5,000 Square Feet Per Unit). The purpose of the R-4.5 zoning district is to establish standard urban low-density residential home sites. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.115, and 18.191. PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS FOR THE AGENDA ITEM INDICATED DIRECTLY ABOVE. AGENDA ITEM NO. 2.1 9(PAGE I of I ) &TE: AUGUST 7. 2000 ED PLEASE PRINT YOUR NAME AND ADDRESS AND INCLUDE YOUR ZIP CODE Proponent - (Speaking in Favor) Name, Address, Zip Code and Phone No. 3- e d cz v;no q a9v-,?b x3 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. 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. F Name, Address, Zip Code and Phone No. F Name, Address, Zip Code and Phone No. F Name, Address, Zip Code and Phone No. I Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. • • COMMUNITY NEWSPAPERS, INC. Legal TT 9694 P.O. BOX 370 PHONE (503) 684-0360 Notice BEAVERTON, OREGON 97075 Legal Notice Advertising • City of Tigard • ❑ Tearsheet Notice 13125 SW Hall Blvd. • Tigard , Or. egon 9 7 2 2 3 • ❑ Duplicate Affidavit *Accounts Payable • AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. I Kathv Snvder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the Tigard-Tualatin Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at `1i gn r~ in the aforesaid county and state; that the iulil i r- Fleari na/ST. 2000-00007 . SLR2000-00008 a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for nUF, successive and consecutive in the following issues: July 20,2000 67EL AlrL. - Subscribed and sworn to b re me this rllqy o f Ti i ly , 2 0 0 0 - OFFICIAL SEAL ROPIN A. PYROBSS Nota lic {or Oregon . NOTARY PU®LjG,Q9EG0N My Commission Expires: BOMMISSION NO. 06471 MY COMMISSION EXPIRES MAY 16, 1001, AFFIDAVIT CITY OF TIGARD PUBLIC HEARING ITEM The following will be considered by the Tigard Hearings Officer on Monday, August 7, 2000, at 7 P.M., at the Tigard Civic Center - Town Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Both public, oral and written testimony is 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. Testimony may be submitted in writing prior to or at the public hearing or verbally at the public hearing only. 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 the 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 (staff contact: Julia Hajduk) at 13125 SW Hall Boulevard, Tigard, Oregon 97223, or by calling 639-4171. A copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost. A copy of the staff report will be made available for inspection at no cost at least seven (7) days prior to the hearing, and copies for all items can also be provided at a reasonable cost. PUBLIC HEARING ITEM: SENSITIVE LANDS REVIEW [SLR] 2000/00007/ SENSITIVE LANDS REVIEW [SLR] 2000-00008 > LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL < REQUEST: The applicant is requesting Type III Sensitive Land Review for alteration of the floodway by constructing an overflow channel and Type II Water Resources Overlay review for wetland mitigation within the wetland buffer area. The request is to mitigate a wetland that is being removed in another area of the City as part of the Eagle Hardware development (now Lowe's Hardware) by enhancing the wetland in the proximity of Fowler Middle School. LOCATION: North of Fowler Middle School, south of Tigard Street and west of Tiedeman Street. WCTM 1S134DD, tax lots 00900 and 01000. ZONE: R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.775, and 18.797. _ nq;n 'yJ o _ I\\ \ ~FI ~ ~ 'I \W s suatecT,i- TAX LOTS 1 L ~ I- ' l r , II j~ 'j•~ i .i i~--,1i17p.7 TT9694 - Publish July 20, 2000. • "EXHIBIT A" PARTIES OF RECORD • (Written Public Testimony received at the hearing) R. • • LHIW0001-0001 PNS Revised 7/19/00 Legal Description Wetland Mitigation Site Fowler Middle School Lowes Hardware A tract of land situated in the Southeast Quarter of the Southwest Quarter of Section 34, Township 1 South, Range 1 West, Willamette Meridian, in the City of Tigard, Washington County, Oregon and being a portion of the properties described in Bargain and Sale Deeds to School District #23-J, which were recorded on September 24, 1980 as Document Number 80033695, and June 6, 1969 in Book 745, Page 911, Washington County Book of Records and being described as follows: Commencing at a centerline monument at Southwest Tigard Street and Southwest Tiedeman Avenue; thence North 88° 18' 58" West, a distance of 397.81 feet along the centerline of Southwest Tigard Street; thence South V 41' 02" West, a distance of 20.00 feet to the right-of-way and the TRUE POINT OF BEGINNING of this description, thence leaving said right-of-way South 52° 30" 00" East, a distance of 19.20 feet; thence South 6° 26' 46" East, a distance of 35.17 feet; thence South 5° 33' 35" West, a distance of 36.50 feet; thence South 28° 28' 37" West, a distance of 85.61 feet; thence South 42° 46' 34" West, a distance of 112.61 feet; thence South 11 ° 37' 23" West, a distance of 82.15 feet; thence South 32° 02' 48" West, a distance of 304.44 feet; thence North 70° 25' 10" West, a distance of 49.52 feet; thence North 22° 14' 04" East, a distance 123.65 feet; thence North 61 ° 38' 14" West, a distance of 48.19 feet; thence South 90° 00' 00" West, a distance of 66.77 feet; thence North 9° 28' 07" East, a distance of 8.30 feet; thence North 55° 43' 53" East, a distance of 125.18 feet; thence North 3° 21' 09" West, a distance of 63.66 feet; thence South 83° 27' 25" West, a distance of 255.73 feet; thence South 4° 26' 38" West, a distance of 42.07 feet; thence North 85° 50' 36" West, a distance of 51.32 feet; thence South 10° 33' 20" West, a distance of 95.27 feet; thence South 87° 39' 38" West, a distance of 35.54 feet; thence North 0° 55' 11" East, a distance of 50.18 feet; thence North 85° 48' 20" West, a distance of 40.83 feet; thence North 56° 27' 08 West, a distance of 90.27 feet; thence North 2° 22' 47" East, a distance of 181.07 feet; thence North 66° 16' 56" East, a distance of 102.73 feet; thence North 89° 50' 23" East, a distance of 129.45 feet; thence South 63° 59' 36" East, a distance of 27.49 feet; thence North 82° 37' 07" East, a distance of 45.64 feet; thence South 84° 22' 02" East, a distance of 106.40 feet; thence North 67° 22' 39" East, a distance of 145.37 feet; thence North 85° 48' 26" East, a distance of 90.88 feet; thence South 55° 06' 57" East, a distance of 48.78 feet; thence North 81 ° 27' 53" East, a distance of 76.25 feet; thence North 22° 09' 08" East, a distance of 49.83 feet; thence North 8° 17' 47" West, a distance of 44.71 feet; thence South 88° 18' 58" East, a distance of 6.21 feet to the TRUE POINT OF BEGINNING. The tract of land to which this description applies contains 183,286.3 square feet, more or less. REGISTERED PROFESSIONAL LAND SURVEYOR v OREGON JULY 25, 1991 PATRICK N. SMITH \ 2526 o:\project\1\Ihiw000I\survey\legala.doc RENEWAL 6/30/02 • • \\~x S~, T ' ~ CFO ' POINT OF Fti1,9~ BEGINNING, w I , w , \ \ F- 3' N r SCHOOL \ DISTRICT #23-J ' BOOK 745, PAGE 911 1 Lo zz I SCHOOL I F= I DISTRICT a I #23-J \ L DOC. NO. 80033695 o -I- _ I z a 0 100 200 400 PROJECT EXHIBIT B TITLE WETLAND MITIGATION SITE FOWLER MIDDLE SCHOOL DWG. REF. PROJECT SCALE AHENDYENT NO. LHITIEXI LHIT0001 1"=200' 1.0 DRAWN BY DESIGN BY APPROVED BY DATE BXA PNS PNS 07/19/2000 SHEET' 1 OF 1 • • DAVID EVANS AND ASSOCIATES, August 7, 2000 Lawrence L. Epstein City of Tigard Public Hearings Office Engineering Department 13125 SW Hall Blvd. Tigard, OR 97223 REFERENCE: LOWE'S HIW SENSITIVE LANDS PERMIT CONDITIONS WETLAND MITIGATION SITE AT FOWLER MIDDLE SCHOOL SUPPLEMENTAL CONDITIONS INFORMATION SLR2000-00007 AND SLR2000-00008 Dear Mr. Epstein: 2828 SW Corbett Avenue Portland, Oregon 97201 Tel: 503.223.6663 Fax: 503.223.2701 Pursuant to the above-referenced Conditions of Approval, following is supplemental information intended to clarify the conditions. 1. Plans for the mitigation construction have gone out for bid, but no contractor has been awarded a construction contract as of this date. The normal construction equipment utilized for excavation of the overflow channel would be a wide-tracked hydraulic excavator to minimize ground disturbances. The area to be impacted by the overflow channel excavation is 0.59 acres/25,771 square feet. Tracked equipment impacts the ground less than rubber tire equipment. The existing reed canary grass will provide a buffering "mat" effect as it lies beneath the tracks. A tracked hydraulic excavator can complete the excavation work faster than a rubber tire vehicle, thereby lessening the time construction takes to complete. 2. The erosion control measures are noted on the Grading Plan, sheet 5 of 6, and the details of the measures are located on sheet 6 of 6. General Note #11 on the cover sheet (sheet 1 of 6) states that tree protection fencing and sediment barriers shall be installed prior to grading and maintained throughout construction. Sheet 5 of 6 calls for a double row of tree protection fencing and sediment fencing adjacent to the overflow channel to protect trees. 4. Surveyors shall clearly stake working limits prior to construction. ?ryE~~{0 e0 F(~/oj GLOBAL GEJION ALLIANCE 0 Lawrence L. Epstein August 7, 2000 Page 2 • Please contact us if you require additional information to clarify the above responses. We look forward to receiving your approval and commencing construction. Sincerely, DAVID EVANS AND ASSOCIATES, INC. cott Banker Senior Landscape Architect SWB:pao oAproject\Nhiw0000-0001 \!docs\101-genl\epstein_ltr_8_7.doc so OF ev, '►n,d of Mr. Lawrence C. Evans Chief, Regulatory Branch Corps of Engineers, Portland District P.O. Box 2946 Portland, Oregon 97208-2946 W UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Northwest Region 7600 Sand Point Way NE Bin C15700, Bldg. 1 Seattle, Washington 98115-0070 January 20, 2000 Re: Section 7 Informal Consultation for the Eagle Hardware Project, Corps of Engineers Permit Application No. 99-199 Dear Mr. Evans: The National Marine Fisheries Service (NMFS) has reviewed the Corps of Engineers (COE) request of September 20, 1999, for informal consultation for a stream channel diversion and wetland fill project in a tributary of Red Rock Creek, within the Fanno Creek Watershed in Tigard, Washington County, Oregon. In the September 20, 1999, letter, the COE determined that the proposed project may affect Upper Willamette River steelhead but is not likely to adversely affect the species or its critical habitat. Modifications to the proposed action were made subsequent to the COE request. Additional information was provided on November 18, 1999, detailing additional habitat mitigation actions. The NMFS is consulting under the authority'of section-7(ik " o e Fa dangered.Species A-et (ESA)-and Rs-implementing regulations, 50 CFR Part 401_ Upper Willamette River steelhead (Oncorhynchus mykiss) may occur in the project vicinity. Upper Willamette. River steelhead were listed as threatened under the ESA by NMFS on March 25, 1999 (64 FR 14517). Critical habitat was proposed for the Upper Willamette River steelhead on February 5, 1999 (64 FR 5740), and includes 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 Willamette Falls. Critical habitat consists of the water, substrate, and adjacent riparian zone. The proposed action for commercial development involves diverting a segment of a tributary of Red Rock Creek into a culvert and filling adjacent wetlands. Included as part of the proposed action is the restoration and enhancement of stream channel and riparian habitat Approximately 500 feet of the umamed tributary stream will be diverted into a culvert and 1 acre of riparian wetlands will be filled. Of the number of alternatives considered, the applicant indicated that there were no viable alternatives that would allow for the type of development being proposed, a home improvement store, while being able to maintain an open stream system. Offsite ® Printed on Recycled Paper o o V"r..a compensatory mitigation action was proposed at two locations within the Fanno Creek watershed. Stream channel restoration and habitat enhancement would occur at both sites. The first location is adjacent to Fanno Creek just upstream of the confluence of the Red Rock Creek. The proposed action includes the creation of approximately 500 feet of secondary overflow channel and enhancing approximately three acres of wetlands. The second location is along an unnamed tributary of Fanno Creek in the same vicinity as the first mitigation action. Approximately 100 feet of stream channel and riparian area will be restored by removing existing culverts to restore an open stream channel and planting the riparian area. Site development and mitigation actions will involve use of heavy equipment to divert the unnamed tributary of Red Rock Creek, fill adjacent wetlands, and construct the mitigation stream channel. Conservation measures will include incorporating erosion protection measures such as silt fencing around active construction areas, silt barriers within drainage ways, and covering and/or planting all bare ground upon completion of grading activities. Work on newly constructed, or restored stream channels, will be done outside of the actively flowing stream, and channels will be planted or otherwise treated to minimize the amount of in-channel erosion during the reestablishment of stream flow. The COE evaluated the scope and nature of the project including the loss of the stream channel, the incorporation of conservation measures, and the restoration and enhancement of a stream channel. The COE considered the current conditions at the project site that would support the indicated listed fish; the existing downstream migration barriers for the indicated listed fish; the current effects of upstream urban development on water quality and water flows; and proposed enhancement and restoration to stream and riparian habitat. The COE concluded that the proposed work may affect, but is not likely to adversely affect the species indicated above. NhffS has evaluated the proposed action and the COE request -NMFS continues to be concerned with --deveopC_ . -ment and di' ent-of"irpperwatetshed-wetlandsc:an&streams:~._~'he=. proposed action will result in displacing and burying a small. stream segment in a culvert with associated loss of riparian habitat and wetlands. Headwater stream and associated wetlands can be vital in providing seasonal fish habitat and as a source of high-quality water and nutrients downstream. NWS is interested in protecting and restoring watershed conditions as, they may affect survival and recovery of listed fish. NUTS encourages development setbacks along - . streams and wetlands and habitat restoration where feasible. Where baseline watershed conditions continue to be degraded, the greater the likelihood that any future action would adversely affect listed fish. NWS has considered the effects of the project on the listed fish population and its habitat. The proposed action is located in the Fanno Creek watershed in an upper, unnamed tributary to Red Rock Creek. Fanno Creek is a tributary to the Tualatin River. The current distribution of listed fish is limited to the Tualatin River, with some potential use of Fanno Creek and lower portions of Red Rock Creek. Upstream migration of listed fish is significantly impaired by numerous in- channel barriers as a result of road construction and general urban development. Where fish 2 0 W distribution has been significantly affected by artificial barriers, NWS considers the potential effects of the proposed action if barriers were removed. Based on information provided, historic use of the tributary at the site by listed fish was low. Currently the stream can be characterized as a fairly narrow and shallow headwater stream of low to moderate gradient, with an unconsolidated bed of fine sediments.. The current conditions would provide limited potential to support listed fish. The habitat and stream system characteristics indicate that the project site would be at the upper limits of the natural range of the species. NWS does not expect the proposed action to directly affect the listed fish, or reduce potential to restore conditions that would support them. NWS has considered the effects of the proposed action to listed fish downstream'of the project site as a result of changes to water quality and water quantity. Alterations of watershed features including surface area, wetlands, and riparian areas can affect in-stream water quality and flows locally and downstream. The proposed action could adversely affect downstream conditions to the extent that it would result in an increased discharge of pollutants or storm water, or that it would reduce the natural capacity of the stream and wetland to decrease pollutants and moderate flows. The proposed project would result in construction of a large parking lot. Panting lots are a source of various pollutants and effectively increase storm water discharge rates and volumes. As part of the proposed project, water filtering and detention facilities have been included The proposed facilities will remove suspended sediment, oils, and other organic pollutants, and provide storm water detention for up to a 50 year storm event, discharging flows downstream at a rate equivalent to a two year storm event. The proposed project will result in the loss of a riparian area including wetlands, and the simplification of the stream. These losses would be expected to reduce water filtering and retention at the site. The water quality assessment report prepared for this project has indicated that the in-steam flow rates, the channel characteristics, and size of riparian wetlands did not provide necessary detention times to significantly reduce suspended sediments, retain nutrients; or moderate flows. NMFS does not expect the proposed "action; which includes flicilitie§"talt=dltct'sur$ce wateY; to-sific~tttly adtetwatrr~ - . _ - quality or water quantity-downstream: NWS has considered the proposed compensatory mitigation as an element of the proposed project. The mitigation is intended to offset impacts at the development site and improve stream, conditions that support listed fish. The proposed mitigation will recreate and enhance stream channel and wetland areas. The mitigation action is similar in scope and nature with the effects of the proposed development. The mitigation site is located within the Fanno Creek system in close in proximity to the development site. The mitigation action will increase stream channel length and provide habitat features mat correlate with juvenue saunumu Ming. X%JLFM",an planting will create physical conditions and processes that benefit listed fish. This can include providing water quality benefits, complex in-stream habitat, and stabilizing the stream bank. Achieving intended benefits from mitigation is uncertain, however, NMFS considered restoration actions as potential benefits in the long term. Actual use of the mitigation site by listed fish in the short term is not expected. The relative benefit of the proposed mitigation action in the long term is consider similar to the relative adverse effect from the development action in the long 3 term. In summary, the proposed action is not expected to directly affect listed fish, is not expected to significantly affect stream conditions downstream, and will improve stream conditions in the long term. The NMFS concurs with the COE determination. Our concurrence is based on the understanding that: • Erosion protection measures will be in-place throughout the construction period; • the work will be conducted outside of the actively flowing stream; • the work will be conducted in accordance. with in-water work timing guidance as agreed to for this project; • all restoration actions, including riparian and wetland plantings, will be completed as described in the supporting document; and • increases of turbidity at the project sites will be minimal and temporary. The proposed action will not result in the destruction or adverse modification of designated critical habitat. Thus, NMFS believes there will be insignificant and discountable effects to the species and, therefore, there is less than a negligible likelihood of incidental take of listed species due to this project. This concludes informal consultation on this action in accordance with 50 CFR 402.14(bXl). The COE 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 causes an effect 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 regardwttlns~~eer3= please ci~ntact JimTurner-in our Oregon State = - Branch Office-at(503) 231-6894: Sincerely, William Stelle, Jr. Regional Administrator cc: John Marshall - USFWS Greg Robart - ODFW Bill Parks - DSL Tom Melville - DEQ sl'o&i RSV Dana Sie - David Evans and Associate RECEi VeE p S F - Stoel Rives ,Rjim JAN 24 400 4 i • BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding applications for sensitive lands review for ) FINAL ORDER approval of wetlands enhancement to Fanno Creek near ) Fowler Middle School as mitigation for development of ) SLR 2000-00007/00008 a Lowe's store elsewhere in the City of Tigard, Oregon ) (Lowe's Mitigation) A. SUMMARY 1. Lowe's Home Improvement, Inc., (the "applicant") requests Type III sensitive lands review approval for construction of an overflow channel for Fanno Creek and Type II sensitive lands review for wetland buffer enhancements in the Water Resources Overlay district. Such an application is subject to the standards in Tigard Community Development Code ("CDC") 18.390, 18.775 and 18.797. Because the two applications have been combined for purposes of processing, both are subject to a Type III review process. 2. The site of the proposed landform alteration and wetlands buffer enhancement is between SW Tiedeman Avenue and SW Tigard Street east of Fowler Middle School on property owned by the school district. The applicant will purchase an easement over the relevant portion of the school property to encompass the mitigation site and provide for its long-term maintenance. The legal description of the school property is tax lots 00900 and 01000, WCTM 1 S 134DD, Washington County. The applicant submitted a proposed legal description for the 3.1 acres of the site to be used for the mitigation project (the "site"). 3. The proposed 3.1 acres of enhancement is required to mitigate for loss of 0.81 acres of wetlands and diversion of a creek at the site of the proposed Lowe's Home Improvement Store at the intersection of Highway 217 and SW 72nd Avenue (the former Phil Lewis Elementary School site) pursuant to permits issued by the U.S. Army Corps of Engineers ("USCOE") and Oregon Division of State Lands ("ODSL") and the review of those permits by the National Marine Fisheries Service ("NMFS"), copies of which are in the record. 4. The applicant provided specific excavation, grading, vegetation management, planting, erosion control and monitoring plans for the subject site, which are approved by those agencies. In summary, the applicant will create a channel for Fanno Creek when it overflows, enhancing the flood carrying capacity of the creek; provide for fisheries protection in the oveflow channel; remove certain non-native and noxious vegetation in the wetland buffer; and replant the buffer and the banks of the overflow channel with certain native species. The applicant will monitor the success of the mitigation plan for five years after it is completed, and will take further actions warranted as a result of monitoring. 5. A public hearing was held on August 7, 2000 to review the applications. City staff recommended approval. The applicant accepted the staff recommendations but requested deletion of condition of approval 1, because information in the application and information submitted at the hearing fulfills that condition. Other than the City staff and applicant, no one testified orally or in writing. The record closed at the end of the hearing. The hearings officer approves the Sensitive Lands Review applications as provided herein. B. HEARING AND RECORD 1. Tigard Land Use Hearings Officer Larry Epstein (the "hearings officer") received testimony at the public hearing about this application on August 7, 2000. Hearings Oricer Final Order SLR 2000-00007 and 20000-00008 (Lowe's Mitigation) Page I 0 • a. 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. b. The hearings officer received and physically inspected the file maintained by the City regarding this application. The record includes 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. 2. City planner Matt Scheidegger summarized the Staff Report. 3. Landscape architect Scott Banker and lawyer Frank Flynn appeared for the applicant. Mr. Flynn summarized the proposed development and reviews that USCOE, ODSL and NMFS have completed. He introduced a revised legal description for the easement over the mitigation site and testified that the School Board has authorized Ron Hudson to sign the easement as soon as the applicant obtains all required permits. He introduced a copy of a letter from NMFS following informal consultation with USCOE regarding compliance with the Endangered Species Act (the "ESA") in which NMFS concludes the mitigation plan must be implemented to comply with the ESA. He testified the conditions of approval recommended by County staff are acceptable to the applicant. However the applicant believes condition of approval 1 is unnecessary and should be deleted, because the applicant has provided information about proposed methods and materials sufficient to fulfill that condition. He introduced a letter from Mr. Banker in support of that argument. He also argued that conditions 2 through 4 are unnecessary, but agreed they impose no burden on the applicant. He explained that time is of the essence, because the USCOFJODSL permits require the work to be done within the next couple of months. He waived the applicant's right to have the record held open for seven days after the hearing. C. DISCUSSION 1. City staff recommended approval of both sensitive lands review applications addressed in this decision based on the findings in Section IV of the Staff Report and subject to the conditions of approval in Section II of the Staff Report. No one disputed those findings. No one opposed the application. The hearings officer concludes the findings in the Staff Report accurately reflect the law and the facts. The hearings officer adopts and incorporates those findings as his own except as otherwise provided herein. 2. The applicant asked the hearings officer to delete recommended condition of approval 1, because it is unnecessary.' In particular, sheets 5 and 6 of the preliminary plans shows what erosion control measures the applicant intends to use to minimize possible adverse effects of grading. The August 7 letter from Mr. Banker provides additional ' Proposed condition of approval 1 reads as follows: Provide additional information on the construction materials and methods that will be utilized for construction of the overflow channel. The construction must utilize equipment designed to minimize ground disturbances and the methods must be consistent with other requirements of the Water Resources Overlay standards. Specific details needed include: the type of equipment to be used, the area impacted, and how the construction methods will insure that there is no more impact than necessary for the construction. Hearings Officer Final Order SLR 2000-00007 and 20000-00008 (Lowe's Mitigation) page 2 information about the machine the applicant proposes to use to undertake excavation in the riparian setback area, why that machine has lesser adverse effects than other possible equipment, and the area impacted by that excavation, but City staff were unable to review and respond to that letter in the time available; therefore, staff have not advised the hearings officer whether condition of approval l remains necessary. The following is the hearings officer's analysis of that issue. a. Condition of approval 1 is recommended to ensure excavation in the riparian setback area will comply with the development standard in CDC 18.797.080.C.Z The hearings officer finds that the applicant has carried the burden of proof that the proposed excavation in the riparian setback area will comply with CDC 18.797.080.C, based on the following findings. b. There is little or no native vegetation in the area to be excavated. Most vegetation in the area is non-native and noxious Reed canarygrass. Therefore the proposed excavation will not adversely affect native vegetation. c. The applicant proposes to use methods to minimize damage to water quality by preventing erosion. See General Note 11 on sheet 1 and sheets 5 and 6 of the preliminary plans. The applicant also proposes to use equipment that has a lesser potential adverse effect by its very nature (i.e., because it is a tracked vehicle rather than a wheeled vehicle) and in a manner that further reduces its potential adverse impact (i.e., by operating the vehicle on the Reed canarygrass mat already on the site rather than on disturbed soil). The application includes the following statement: Excavation will be limited to the area needed for the overflow channel. Erosion will be minimized by lining the overflow channel with erosion control fabric, and placing temporary sediment barriers and bio-filter bags for check dams. Disturbed areas of the site will be seeded with native seed. d. There is no practicable way for the applicant to undertake the required excavation without a machine; the machine the applicant proposes to use and the manner in which the applicant proposes to use it has the least potential adverse effect. The applicant will use methods to avoid or minimize short-term impacts to water quality. In the long-term, revegetation of the riparian setback area will stabilize soils there. Excavated soils shall not be stored in the riparian area. Further information is not necessary to comply with CDC 18.797.080.C, provided the applicant undertakes the proposed excavation as proposed. e. The hearings officer finds that applicant will use methods to minimize impacts on water quality. That fulfills the intent of recommended condition of approval 1. Therefore the condition should be modified to reflect the preceding discussion. 3. The applicant also argued that conditions of approval 2 through 4 are not necessary. But the hearings officer finds those conditions are warranted by the findings on pages 7 through 9 of the Staff Report. In effect the conditions require the applicant to do what the applicant proposed or is required to do by law. Although the conditions might be considered duplicative of the application and/or the law, they are warranted to ensure the applicant undertakes the proposed excavation and development as represented and required by law. They do not impose any material burden on the applicant if the applicant does what Z CDC 18.797.080.C provides as follows: Where development within the riparian setback is unavoidable, construction materials or methods used within the riparian setback area shall minimize damage to water quality and native vegetation. Hearings Ogicer Final Order SLR 2000-00007 and 20000-00008 (Lowe's Mitigation) Page 3 • a the applicant said it would do. Therefore the hearings officer finds those conditions should be retained without changes. D. CONCLUSION Based on the findings adopted and incorporated herein, the hearings officer concludes that the proposed sensitive lands review applications comply 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 changes warranted by the discussion herein and with applicable local, state, and federal laws. E. 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 2000-00007 and 2000- 00008 (Lowe's Mitigation), subject to the conditions of approval in Section H of the Staff Report with the following amendment: 1. Condition of approval l is hereby amended to read as follows: 1. The applicant and any contractor employed by the applicant for the project shall undertake development in the riparian setback zone in the manner described in the applications, incorporating the erosion control measures in General Note 11 on sheet 1 and on sheets 5 and 6 of the preliminary plans, the measures described in Mr. Banker's August 7, 2000 letter to the hearings officer and other relevant aspects of the applications. Excavated soils shall not be stored in the riparian setback area. Most of the Reed canarygrass shall be retained in the riparian setback zone where excavating machines will travel or operate until after completion of excavation so it provides a stable base for excavating equipment. The planning manager shall modify this condition to conform with requirements of the Unified Sewerage Agency, USCOE or ODSL in the event such requirements conflict with this condition. DATED this 8th day of August, 2000. Larry Epste P City of Tigard Hearings Officer Hearings Officer Final Order SLR 2000-00007 and 20000-00008 (Lowe's Mitigation) Page 4 • • "EXHIBIT C" WRITTEN TESTIMONY (Applicant's materials and pertinent correspondence filed with Hearings Officer prior to Public Hearing.) • AGENDA ITEM NO. • • Agenda Item: 2.1 Hearing Date: Auaust 7.2000 Time: 7:00 PM STAFF REPORT TO THE HEARINGS OFFICER QkYOFTIGARD' Community Development FOR THE CITY OF TIGARD, OREGON SftapingA(Better Community 120 DAYS = 10/12/2000 SECTION I. APPLICATION SUMMARY FILE NAME: LOWE'S HARDWARE WETLAND MITIGATION an FOWLER MIDDLE SCHOOL FILE NOS.: Sensitive Lands Review "SLR SLR2000-00007 Sensitive Lands Review SLR SLR2000-00008 PROPOSAL: The applicant is requesting Type III Sensitive Land Review for alteration of the floodway by constructing an overflow channel and Type II Water Resources Overlay review for wetland mitigation within the wetland buffer area. The request is to mitigate a wetland that is being removed in another area of the City as part of the Eagle Hardware development (now Lowe's Hardware) by enhancing the wetland in the proximity of Fowler Middle School. APPLICANT: Lowe's Home Improvement, Inc. OWNER: Tigard/Tualatin School Dist. 1530 Faraday Avenue, Suite 125 Attn: Ron Hudson Calsbad, CA 92008 13137 SW Pacific Highway Tigard OR 97223 CONSULTANT: David Evans and Associates, Inc. Attn: Kristina Gifford Mckenzie 2828 SW Corbett Avenue Portland, OR 97201 COMPREHENSIVE PLAN DESIGNATION: ZONING DESIGNATION: LOCATION: APPLICABLE REVIEW CRITERIA: SECTION II. Low-Density Residential. R-4.5. North of Fowler Middle School, south of Tigard Street and west of Tiedeman Street. WCTM 1S134DD, Tax Lots 00900 and 01000. Community Development Code Chapters 18.390, 18.775, and 18.797. RECOMMENDATION Staff recommends that the Hearings Officer find that the proposed Sensitive Lands Review will not adversely affect the health, safety and welfare of the City. Therefore, staff recommends APPROVAL, subject to the following recommended conditions of approval. 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 1 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL • • CONDITIONS OF APPROVAL PRIOR TO CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED (UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE BRIAN RAGER IN THE CITY OF TIGARD ENGINEERING DEPARTMENT): 1. Provide 'additional information on the construction materials and methods that will be utilized for construction of the overflow channel. The construction must utilize equipment designed to minimize ground disturbances and the methods must be consistent with other requirements of the Water Resources Overlay standards. Specific details needed include: the type of equipment to be used, the area impacted, and how the construction methods will insure that there is no more impact than necessary for the construction. 2. Install approved erosion control measures prior to construction. Erosion control measures may not be removed until construction has been completed. 3. Install construction fencing around trees within the work area to insure that they are protected. Staff Contact: Julia Hajduk, Planning Division. 4. Prior to construction, the work area shall be staked and clearly marked. THIS APPROVAL SHALL BE VALID FOR EIGHTEEN (18) MONTHS FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICERS DECISION. SECTION III. BACKGROUND INFORMATION The applicant has received approval to remove wetlands and culvert a stream on the Eagle Hardware (now Lowe's) site. The approval required mitigation. The applicant has received approval from the US ~4rmy Corps of Engineers and DSL to mitigate the wetlands within the Fanno Creek 100-year fl0 dplain, on property owned by the Tigard-Tualatin School District. The 3.1-acre mitigation site contains a segment of Fanno Creek and adjacent wetlands with vegetation dominated by Reed canarygrass, a non-native, invasive species. The site currently provides flood storage and some water quality benefit, but little habitat diversity or structure. The mitigation project will enhance existing wetlands by removing Reed cans grass and re panting the site with native trees, shrubs, and other herbaceous vegetation. The proposed planting will establish Oregon ash forest, willow shrub, and mixed emergent communities similar to those found in nearby wetland areas. Native tree species, including Red osier dogwood and Pacific willow, will be established along approximately 400 feet of the bank of Fanno Creek. There will be streambank work in Fanno Creek to construct the overflow channel connections. Fanno Creek is listed as a major stream on the Water Resources Overlay Map. There are City inventoried and jurisdictional wetlands within the area. Because the proposal involves work along the floodway, Sensitive Lands Review SLR) approval by the Hearings Officer is required. Because there is work occurring in the ity Inventoried wetlands, Type II Water Resources Overlay review is required. The City is working on a wetland mitigation and trail project on this site as well. The applicant and the City are coordinating and the City's project location has been shown on the applicant's plans for reference. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS SENSITIVE LANDS Section 18.775 states that the Hearings Officer shall have the authority to issue a sensitive landsermit in the 100ear oodplain by means of a Type IIIA procedure, as governed in Section 18.390.050, using approval criteria contained in Section 18.775.070 B-E. Sensitive lands permits shall be required for any ground disturbance in the floodway. 817/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 2 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL • • Within the 100-vear floodplain. The Hearings Ufficer 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 landform alterations propose no fill, only excavation/removal of material for creation of an overflow channel. The overflow channel will not increase flood levels during the base flood discharge. 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; The proposed wetland mitigation project is not a development project. The only alterations proposed within the floodplain are soil excavation for creation of the overflow channel and connection of the overflow channel to Fanno Creek as part of a wetland enhancement protect. While the site is zoned residential (R-4.5), it has an open space overlay designation and is currently used as public open space and will continue to be used as public open space when the proposed wetland enhancement project is implemented. The use of the site is similar to those uses listed above - particularly "community recreation uses" - which are allowed in areas with residential zoning. 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 land form alteration proposed is excavation of an approximately 580-foot-long overflow channel connecting at boh ends to Fanno Creek. This work will not result in net fill within the floodplain, but will rather result in net removal. It will not result in an increase in the water surface elevation of the 100-year flood as certified in the Hydraulic and Soils Report. The land form alteration or development plan includes a pedestrian/bic cle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the Hearings Officer as untimely; The City of Tigard is in the process of developing a pedestrian pathway between Tigard Street and Tledeman Avenue across the Fowler Middle School site. The pathway will cross the wetland mitigation site proposed by the applicant. The location of the pathway is indicated on the plans, however, the trail is not apart of the land use action proposed by this applicant. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood; As stated previously, this project does not involve the construction of a bicycle path, therefore, this standard is not applicable to this proposal. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained; and Permits were obtained from both the Corps (#99-199) and Oregon Division of State Lands (DSL) (RF-16790) for both the wetland impacts to occur at the Lowe's Home Improvement Warehouse store site and the compensatory wetland enhancement work to be carried out at the Fowler Middle School site. 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 3 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL • • Where landform 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. The site of the proposed wetland enhancement project currently consists and will continue to consist of open land area. Since the site is already dedicated to public use, no further dedication of land within the floodplain is necessary. FINDING: Based on the analysis above, the Sensitive Lands Review criteria for alterations within the 100-year floodplain have been met. Within Drainaaewavs. The appropriate approval 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: The extent and nature of the proposed land form alteration or development will not create site disturbances to the extent greater than that required for the use; Landform alteration within the floodway will consist of connecting both ends of the overflow channel to Fanno Creek, and thereby altering the banks of Fanno Creek at the locations where the overflow channel connects to it. It is necessary to connect the channel to Fanno Creek in order to provide fish habitat without creating a fish "trap" as the higher flows recede. The disturbance to the banks of Fanno Creek is the minimum necessary to accommodate the proposed use. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property; The landform alteration will not result in erosion, sedimentation, ground instability, or other adverse on or off-site effects. The channel will be stabilized with coconut erosion control fabric and live staking with woody species. In addition to the channel work, live staking proposed along Fanno Creek will increase streambank stability. The water flow capacity of the drainageway is not decreased; The proposed work will not decrease the water flow capacity of the drainageway. The project does not involve any obstruction or filling of the drainageway. As described in the Hydraulic and Soils Report, the water flow capacity of the drainageway will be increased rather than decreased by the creation of the overflow channel. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.745, Landscaping and Screening; Vegetation will be removed to construct the overflow channel, however, it will be re-vegetated as shown on the mitigation planting plan with Oregon Ash and live staking. Non-native vegetation will be removed and native vegetation will be planted. The drainageway will be replaced by a public facility of adequate size to accommodate maximum ff~low in accordance with the adopted 1981 Master Drainage Plan; The drainageway will continue to function and will not require replacement. The above criterion is not applicable. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained; 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 4 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL • Permits were obtained from both the Corps (#99-199) and DSL (RF-16790) for both the wetland impacts to occur at the Lowe's Home Improvement Warehouse site and the compensatory wetland enhancement work proposed at the Fowler Middle School site. Where landform 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. The above criterion is not applicable, as described previously in this report. FINDING: Based on the analysis above, the Sensitive Lands Review criteria for drainageways have been met. Wetlands Because the wetland is identified on the Water Resources Overlay Map and is, therefore, listed as a significant wetland on the Comprehensive Plan Map, the Water Resources Overlay standards apply in-lieu of the Sensitive Lands Review standards. Work on the wetland is permitted as a Type II decision with mitigation because the proposal involves a utility crossing. WATER RESOURCES DEVELOPMENT STANDARDS (18.797.080) The following shall apply to all development, including native vegetation removal and excavation, within the WR 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 Considered. Except for stream corridor enhancement, most Type II and III uses are expected to develop outside of water resource and riparian setback areas. Therefore, Tye 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. The proposed project is a stream corridor enhancement project and is, therefore, exempted from an alternatives analysis. FINDING: Based on the information above, this standard does not apply. 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; 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 project is designed not only to minimize loss of native vegetation but to increase the amount of native vegetation on the site. by replacing Reed canarygrass, a non-native, invasive species, with the native species such as Oregon ash, Pacific willow, Red-osier dogwood, Twlnberry, Pacific ninebark, Nootka rose, Slough and Saw-beak sedges, Tall manna grass, and Small-fruited bulrush. The project will have a beneficial, rather than adverse hydrologic impact on water resources because the proposed overflow channel will provide increased flood storage capacity. The applicant has indicated that excavation will be limited to the area needed for the overflow channel. Erosion will be minimized by lining the overflow channel with erosion control fabric, and placing temporary sediment barriers and bio-filter bags for check dams. Disturbed areas of the site will be seeded with native seed. 8/712000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 5 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL • The Hydraulic and Soils Report has been repared by Richard Attanasio, P.E., a civil engineer with experience in water quality. Hpe indicated that the proposed project will not result in any adverse water quality impacts, but rather will provide water quality benefits. Because the proposed project is an enhancement project, it and must occur within the water resource and riparian setback areas. FINDING: Based on the analysis above, the project will minimize site impacts as much as possible while still providing for the required enhancement. 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 project will occur within the riparian setback area. The applicant has indicated that the construction materials and methods used will not cause damage to water quality or native vegetation, however, they have not provided details on the construction methods and tools that will be utilized. There is certain equipment that is more suitable and less intrusive in the wetland areas than others and the tools used to accomplish the enhancement need to be the least intrusive to the remainder of the site. A condition is needed for the applicant to provide information on what types of tools will be utilized and how these tools provide the least disturbance to the wetland that is realistic. FINDING: Based on the analysis above, this standard has not been fully addressed. If the applicant complies with the condition listed below, the standards will be fully met. CONDITION: Provide additional information on the construction materials and methods that will be utilized for construction of the overflow channel. The construction must utilize equipment designed to minimize ground disturbances and the methods must be consistent with other requirements of the Water Resources Overlay standards. Specific details needed include: the type of equipment to be used, the area impacted, and how the construction methods will insure that there is no more impact than necessary for the construction. Minimize flood damaae. Aboveground 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 storage capacity or raise base flood elevations on- or off-site. Any new commercial or industrial land development pro osed within the 100-year floodplain shall be designed consistent with Chapter 18.775, Sensitive Lands. No above-ground residential structures are planned within the WR overlay district as part of the proposed wetland enhancement project. On-site flood storage capacity will not decrease as a result of the project, in fact, the project will increase on-site flood storage capacity. FINDING: Based on the analysis above, this standard has been met. 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. No excavation or vegetation removal is proposed on areas with slopes of 25 percent or greater. Slopes on the site range from less than one percent to nine percent. Soils mapped for these sites are Cove silty clay loam with slow runoff and slight erosion potential. FINDING: Based on the analysis above, this standard has been met. Minimize imoacts on existina veaetation. The following standards shall. apply when construction activity is proposed in areas where vegetation is to be preserved. 8!7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 6 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL • • Temporary measures used for initial erosion control shall not be left in place permanently; The applicant has stated that temporary erosion control measures such as sediment barriers, bio-bags, and tree protection fence will be removed upon completion of construction and stabilization of disturbed areas. The coir lining of the overflow channel will remain, as removal would disturb wetland vegetation. Work areas on the immediate site shall be carefully identified and marked to reduce potential damage to trees and vegetation; The applicant has indicated that enhancement construction areas will be field staked prior to construction, and tree protection fencing will be installed prior to grading. A condition to this affect is necessary. 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; The applicant has stated that trees will not be used to anchor equipment. The trees will be protected during grading operations by tree protection fencing, which will help insure that this standard is complied with. 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; The project will not involve falling and removing trees. Stockpiling of soil, or soil mixed with vegetation, shall not be permitted on a permanent basis. The applicant has stated that no permanent stockpiling of soil will occur as part of the proposed project and that excavated soil material will be removed from the site. FINDING: Based on the analysis above, staff can not find that these standard have been fully met. If the applicant complies with the conditions specified below, the standards will be met. CONDITIONS: The applicant shall install construction fencing around trees within the work area to insure that they are protected. Prior to construction, the work area shall be staked and clearly marked. Note: The applicant, by. submitting a proposal to comply with these standards, accepts responsibility in insuring that the proposed methods are utilized during construction. If construction activities do not comply with the standards specified, the applicant is responsible. Veaetation mitigation elan. If a Type 11 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 18.797.100, a mitigation plan shall be prepared and implemented. The applicant shall be responsible for re-vegetating areas temporarily disturbed by excavation on a 1:1 basis; The proposed work is considered to constitute a Type II use within the water resource site, however, since the proposed project is an enhancement project and will not decrease the buffer, mitigation is not required. 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 7 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND -MITIGATION @ FOWLER MIDDLE SCHOOL • • 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 1.5.1 basis. Thai 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; No riparian areas will be lost to development or reduced, therefore, the above criterion is not applicable. 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 proposed project involves removing non-native Reed canary grass and re-planting the site with native species. The area will be monitored for five years and will achieve an 80 percent survival rate, in accordance with the Corps and DSL permits. Because this is required by DSL and the US Army Corps of Engineers, no additional conditions are needed. FINDING: Based on the analysis above, these standards have been met. Water and sewer infiltration and discharae. 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. No water or sanitary sewer facilities will be located on the site of the proposed wetland enhancement project. The above criterion is not applicable. FINDING: Based on the analysis above, this standard is not applicable. On-site svstems. On-site septic systems and private wells shall be prohibited within the WR overlay district. No on-site septic systems or private wells are proposed as part of this wetland enhancement project. The above criterion is not applicable. FINDING: Based on the analysis above, this standard is not applicable. Erosion control Ulan. 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: Specific methods of soil erosion and sediment control shall be used during construction to minimize visible and measurable erosion; The applicant has submitted an erosion control plan which will insure that visible and measurable erosion control measures will be minimized. A condition will be attached requiring the erosion control measures to be in place prior to construction and removed only after the construction is complete. 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; The disturbed area surrounding the construction of the overflow channel will be confined to that area of the site. The disturbed area will be seeded and mulched upon completion of construction activities. Construction activity will take place during the dry season (June-October), whenever feasible, and the duration of exposure of soils shall be kept to a minimum during construction; 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 8 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL 0 Planting will take place between September consistent with the DSL/Corps joint permit, overflow channel. 0 and November. The work will be conducted which requires dry season construction of the Exposed soils shall be covered by mulch, sheeting, temporary seeding or other suitable material following grading or construction, until soils are stabilized. During the rainy season (November through May), soils shall not be exposed for more than g calendar days. All disturbed land areas which will remain unworked for 21 days or more during construction, shall be mulched and seeded; All excavation shall be completed in the low-water period (June through September). The only exposed soils will be located in and near the proposed overflow channel. The sides and bottom of the overflow channel shall be lined with coir fabric. The area surrounding the construction of the overflow channel will be seeded and mulched upon completion of construction activities. 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; Sediment barriers and check dams are planned for control of sediment on-site. A stabilized pad of gravel shall be constructed at all entrances and exists to the construction site. The stabilized gravel pad shall be the only allowable entrance or exit to the site; The plans provide for a stabilized pad of gravel to be used for entrance to the construction site. 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; No topsoil will be stripped. Plantin details call out the necessary soil amendments to support survival. Soil excavated forhe overflow channel will be removed from the site to increase wetland areas and flood storage capacity. The removal of all sediments which are carried into the streets, water resources or on to adjacent property, are the responsibility of the applicant. The applicant shall be responsible Tor 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 shall sediments be washed into storm drains, ditches or drainageways; Sediment will be controlled on the site, and is not expected to be carried into streets, water resources, or onto adjacent properties. The applicant has indicated that they understand that if sedimentation were to affect the aforementioned areas, cleanup and repair would be the responsibility of the applicant. 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 ,plans have been designed using the standards above. The Planning Director will not require any additional requirements. FINDING: Based on the analysis above, these standard have not been fully met. If the applicant complies with the condition specified below, the standards will be met. CONDITION: Prior to any site work, all erosion control measures must be in place and may only be removed after the construction is completed. 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 9 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL • Plan Imolementation. A schedule of plan measures shall be provided, which sets forth and mitigating erosion control measures Re-vegetation Plan shall be implemented and • ned erosion control and re-vegetation the progress of construction activities, An approved Erosion Control or maintained as follows: Erosion control measures shall be installed prior to any stripping or excavation work; 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; 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; 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; 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 an erosion control plan that will insure the standards are met. A condition will be required that the tree protection fence and sediment barriers be installed prior to grading. The channel shall then be excavated and lined with erosion control fabric. In addition, the applicant has indicated that the contractor shall inspect and maintain erosion control measures dally until the disturbed areas are stabilized and that the contractor shall be responsible for cleanup of any sediment leaving the grading area. FINDING: Based on the analysis above, the applicant's plan indicates that the above standards will be satisfied. Note: The applicant, by submitting a proposal to comply with these standards, accepts responsibility in insuring that the proposed methods are utilized during construction. If construction activities do not comply with the standards specified, the applicant is responsible. Toe III Conditional Uses. The procedural and substantive provisions of Chapter 19.330, Conditional Uses, in addition to Section 18.797.080 L1-2 below and 18.797.080A-K above, shall apply to determine whether a Type III use listed below may be approved. The applicant for conditional use approvals all: Demonstrate that there will not be any net loss in the values of the resource area; and Submit a detailed mitigation plan to show that any loss of riparian values will be fully compensated through the enhancement program. The proposed wetland enhancement project is a permitted use. The proposed activities include removal of non-native vegetation and replacement with native plant species, and in- stream and streambank enhancement within 10 feet of the top of bank or edge of wetland which are classified as Type I and II permitted uses. Because the proposed uses are not Type III, the above requirement is not applicable to the project. FINDING: Based on the analysis above, this standard is not applicable. SECTION V. OTHER STAFF COMMENTS The City of Tigard Building Division, City of Tigard Engineering Department, City of Tigard Operations Department, City of Tigard Operations Utility Manager, and City of Tigard Police Department have had an opportunity to review the project and have indicated that they have no comments or objections. The City of Tigard Long Range Planning Division has reviewed the project and provided the following comments: Applicant should coordinate its project with the proposed City sponsored mitigation protect located on Fowler School property adjacent to applicant's project and scheduled for Fall 2000 construction. Staff Response: Staff has been informed that the applicant and the City are coordinating efforts in regard to design, timing and implementation of the two projects. 817/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 10 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL SECTION VI. AGENCY COMMENTS Unified Sewerage Agency and the Division of State Lands have reviewed the project and indicated that they do not have any comments or objections. Oregon Department of Fish and Wildlife, US Army Corps of Engineers, Oregon Department of Environmental Quality, and the Tigard-Tualatin School District were given the opportunity to review the project and did not provide comments prior to the preparation of this report. PRE kED BY: Julia ebwellajduk Associate Planner APPROVED BY: Richard Bewdorff Planning Manager is\curpln\ju lia\slr2000-O7(Lowe's).doc Julv 14. 2000 DATE Julv 14. 2000 DATE 8/712000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 11 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL I L-- SW TIGARD STREET K _ + , I 1 ~ ~ ••iT 11 ll ~ ~ lllllllll. • 1 I .1~ Y ' ~ tai 1 l 11 l l l l 111 1 i ~ ` ~ ~ _ _ _ _ 1_llillll 1111111111 _111 ~ , yY Ill! 1111""'tllltl~ / 1 j.i' ll l 1111 1111 ~ l Y(1 ]1~1111111111T1~u111111 1111 ~ ll ll l~ ~ nrll l 1 1 1 • • • l 1 llllllll 11111 w 1 1111 •~•Y l ll all l 1.1 l tlllid dll llllll ~ 1111- ~>yyy><I I IIy ly 1 lli • • • sill' 1111111 111 lllllll w 11111 / 1 ll l l l l 111 • • • '111 lllllll 111 lllllll.. hlll ,'f i _ N + llllll 1 1.1111 Qo~• • • ~ •ill lllllllll) 1111111'° / 111!1 / t l 11 it 11 111 1l' It' 1 1i 11 It • Ayi • • • • • • ll 1 1]: llllll 111 / 1 11. 1 • -^s: d::'iii' `r s: i 11111 " I 111 " ' ~1 ll 1l tll 1 . i 11111 ~%:~~_^~~Ti l 1l I 1 ~111•~~~' ~~o I l l~ llllll 1 _ l l 1 . 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I I~ I I a m T L r ~ II ;Ommunity Development ~I -T- a 00 ~ I lol - Y IJ I a ~ a I 3?I i - i0[ F TIGARD 2 SUBJECT TAX LOTS a 3 J I NORTH-DAT(O A GE O..APXIO IMEOauTTION SYSTEM VICINITY MAP SLR2000-00007 ISLR2000-00008 LOWE'S (Formalhi Eagle) HARDWARE WET-AND MITIGATION @ FOWLER MIDDLE SCHOOL tr d N I(I Ih1 ~i cw PJH: N 0 200 400 600 Feet I 1'= 476 feet I I I City of Tigard Information on this map is for general location only and should be verified with the Development Services Division. 13125 SW Hall Blvd Tigard, OR 97223 (503) 639-4171 httpJt w.ci.tigard.or.us Jun 16,2000; C:Vnagic\MAGIC03.APR 9 • LOWE'S HOME IMPROVEMENT WAREHOUSE, INC. FOWLER MIDDLE SCHOOL WETLAND MITIGATION SITE Application for: TYPE II WATER RESOURCES OVERLAY REVIEW TYPE III SENSITIVE LANDS REVIEW Submitted to: City of Tigard 13125 SW Hall Boulevard Tigard, Oregon 97223 Prepared by: David Evans and Associates, Inc. 2828 SW Corbett Avenue Portland, Oregon 97201 Prepared for: Lowe's Home Improvement Warehouse, Inc. 1530 Faraday Avenue, Suite 125 Carlsbad, California 92008 June 9, 2000 DAVID EVANS AND ASSOCIATES, 1 ' CITY OF TIGARD GENERAL INFORMATION ' Property Address/Location: Fowler Middle School 10865 SW Walnut Street ' Tax Map & Tax Lot #(s): 1S 1 34 DD 01000, 1S 1 34 DD 00900 Site Size: 22.4 acres Property Owner/Deed Holder(s)*: Tiaard Tualatin School Dist. ' Address: 13137 SW Pacific Hwy. Phone: 684-2235 City: Tigard Zip: 97223 ' Applicant*: Lowe's Home Improvement Warehouse Address: 1530 Faraday Ave., Ste. 1 Phone: (76o') gig-ni 32 City: Carlsbad, CA Zip: 92008 * 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. PROPOS6L SUMMARY The owners of record of the. subject property request a Sensitive Lands Permit to allow (please be specific): Enhancement of 3.1 acres of wetlands along Fanno Creek at Fowler Middle School. Existing wetlands will be enhanced by removing. reed canarvaa cc and re-planting with native species. The enhancement O•41011&-foot-Iona overflow channel that wi l rn np t- at both ends to Fanno Creek and improve flood ' storage capacity and fish habitat. 0 • SENSITIVE LANDS TYPE II or TYPE III APPLICATION 13125 SW Hall Blvd.; Tigard, OR 97223 (503) 639-4171 FAX.• (503) 684-7297 PRE-APP. HELD WITH: Julia Hajduk DATE OF PRE-APP.: 4/20/00 FOR STAFF tISE ONLY 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. 11/26/98 IAcurplnknasters\sla.doc REQUIRED SUBMITTAL ELEMENTS ✓ Application Elements Submitted: ❑ Application Form ❑ Owner's Signature/Written Authorization ❑ Title Transfer Instrument or Deed ❑ Site/Plot Plan of copies based on pre-app check list) ❑ Site/Plot Plan (reduced 8'/2"x 11 ❑ Applicant's Statement of copies based on pre-app check list) ❑ 2 Sets of Pre-Addressed/Pre-Stamped Legal Size Envelopes ❑ Filing Fee (Administrative) $ 745.00 (Hearing's Officer) $1,240.00. 1 • day of J v^i C- List any VARIANCE, CONDITIONAL USE, SENSITIVE LANDS, OR OTHER LAND USE ACTIONS to be considered as part of this application: Application for a Type II Water Resources Overlay Review. APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED 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.) THE APPLICANT(S) SHALL CERTIFY THAT: • The above reauest does not violate anv deed restrictions that may be attached to or Imposed upon the subject pLOPeft • 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 each owner of the subject property. DATED this Y ,Y~ Owne s Sig tu're Owner's Signature 0 ,49- Zcx0 Owner's Signature Owner's Signature 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0 • TABLE OF CONTENTS Project Information Sheet Project Description Narrative Addressing Applicable Criteria Water Resources Overlay Review - Type II Sensitive Lands Permit - Type III Appendix A: US Army Corps of Engineers and Oregon Division of State Lands Permits Appendix B: Documentation of Ownership and Easement Agreement Appendix C: Vegetation Report Appendix D: Pre-Application Conference Notes Appendix E. Public Notification and Meeting Documentation Appendix F: Hydraulic and Soils Report Appendix G: Streambank Conditions Report Appendix H: Wetland Delineation Report (Excerpts) LIST OF EXHIBITS Sheet 1: Cover Sheet Sheet 2: Existing Conditions Sheet 3: Mitigation Site Plan Sheet 4: Mitigation Planting Plan Sheet 5: Grading and Erosion Control Plan Sheet 6: Construction Details Land Use Application i Lowe's Home Improvement Warehouse, Inc. ...............................1 2 4 .............................10 June 9, 2000 1 1 1 t 1 1 1 1 1 1 1 1 1 1 1 1 0 0 PROJECT INFORMATION SHEET Tax Lots: IS 1 34 DD 01000 (7.71 acres) 1S 1 34 DD 00900 (14.69 acres) Project Location (street address): Fowler Middle School 10865 SW Walnut Street Tigard, OR 97223 Project Location (location of proposed work): 3.1 acres in the southwest quadrant of SW Tigard Street and SW Tiedeman Avenue intersection Applicant: Lowe's Home Improvement Warehouse, Inc. 1530 Faraday Avenue, Suite 125 Carlsbad, CA 92008 (760) 918-0132 Applicant's Representative: Kristin Gifford McKenzie David Evans and Associates, Inc. 2828 SW Corbett Avenue Portland, OR 97201 (503) 223-6663 Property Owner: Ron Hudson Tigard-Tualatin School District 13137 SW Pacific Highway Tigard, OR 97223 (503) 684-2235 Land Use Application Lowe's Home Improvement Warehouse, Inc. 1 June 9, 2000 1 I PROJECT DESCRIPTION ' The proposed action consists of mitigation work to offset anticipated impacts to wetlands associated with Lowe's from the US Army Corps of Engineers ("the Corps") (COE # 1999-00199) and the Oregon Division of State Lands (DSL) (DSL RF 16790). A copy of the joint permit application and approval is included with this land use application as Appendix A. The proposed wetland and stream mitigation project is a condition of approval of the Corps and DSL permits. approved by the City of Tigard (SDR 98-0007). The mitigation site described here represents one of two sites within the Fanno Creek Basin that will compensate for wetland and stream loss caused by the hardware store Home The applicant has Improvement obtained Warehouse ("necessaryLowe's"), permits for the planned for wetland and construction at stream impacts Highway 21and7 and 72 "d mitigation Avenue and development. The other site is located in Greenway Park within the City of Beaverton. The proposed project involves enhancing 3.1 acres of wetlands, creating approximately 580 linear feet of overflow ' channel, and revegetating along Fanno Creek on the site of the Fowler Middle School. The majority of the project is located on Tax Lot IS 1 34 DD 01000, and a small portion of the work would encroach into IS 1 34 DD 00900. Both tax lots are owned by the Tigard-Tualatin School District. Proof of ownership is presented in Appendix B. The proposed enhancement work will occur in the northeast corner of the property near the intersection of SW Tigard Street and SW Tiedeman Avenue. The work will be conducted under an easement agreement between Lowe's and the Tigard-Tualatin School District. The School Board voted to approve the easement on June 8, 2000. Final documents have not yet been signed-that should occur by June 23-but the Board approved the draft language, which is included in Appendix B of this application. The 3.1-acre mitigation site contains a segment of Fanno Creek and adjacent wetlands with vegetation dominated by reed canarygrass, a non-native, invasive species. The site currently provides flood storage and some water quality benefit, but little habitat diversity or structure. The mitigation project will enhance existing wetlands by removing reed canarygrass and replanting the site with native trees, shrubs, and other herbaceous vegetation. The proposed planting will establish Oregon ash forest, willow shrub, and mixed emergent communities similar to those found in nearby wetland areas. Native tree species, including Red osier dogwood and Pacific willow, will be established along approximately 400 feet of the bank of Fanno Creek to increase shading of the bank, help decrease stream temperatures, increase vegetative structure, and provide bank stabilization. Sheet 4 and Appendix C list the proposed species and the quantity of each to be planted. The project also includes minimal excavation to create an approximately 580-foot-long overflow channel that will The City of Tigard is also planning to construct a pedestrian trail between SW Tigard Street and SW Tiedeman Avenue and install fitness course signs along the trail. The trail will pass through the wetland mitigation site proposed by Lowe's. connect at both ends to Fanno Creek. Sheet 6 shows the proposed channel section, which will have a 5-foot bottom width and vary from 1 to 2 feet deep. The channel will increase flood storage capacity, improve water quality at the site, and improve habitat for fish and other wildlife. The proposed mitigation project will complement a proposed adjacent wetland enhancement project planned by the City of Tigard, to include planting of Oregon ash and willow forest and shrub enhancement (see Sheet 3). Combined, the two projects undertaken by Lowe's and the City of Tigard will enhance over four acres of wetlands at the site. Land Use Application 2 June 9, 2000 Lowe's Home Improvement Warehouse, Inc. 1 The applicant wishes to begin construction during the summer of 2000 to facilitate excavation. Planting would occur during the fall of 2000 to promote plant survival. In accordance with Corps and DSL permit requirements, in-water work (i.e., channel excavation must be completed by September 30. Sheet 5 shows the methods that will be used to control potential erosion associated with the channel excavation. The overflow channel will be lined with biodegradable, woven coconut (coir) erosion control fabric. A tree protection fence, sediment fence, and bio-bags for check dams in the channel will also be utilized. A wetland delineation was conducted on the site by Fishman Environmental and accepted by the regulating agencies. The wetland boundary is indicated on Sheets 2 through 6. The 100-year flood boundary was taken from the Fanno Creek FIRM map dated March 1982. The Corps and DSL joint permit requires that the mitigation site be monitored for five years. A Monitoring Plan with a Contingency Plan is set forth in the permit application attached in Appendix A.. Planting densities are based upon 200 trees and 300 shrubs per acre, with an expected mortality rate of 20 percent to meet the required 80 percent survival rate. The total quantity of wetland emergent plants to be installed was also calculated with a 20 percent mortality rate to attain the desired density of emergent species. Three quadrants will be set up for monitoring purposes. Recruited desirable native species will be included in the density and survival rate. Contingency for less than 80 percent survival will be to replant the required number of plants per strata to reach the 80 percent goal. Long term protection of the site by Lowe's and the Tigard-Tualatin School District will be provided in conformance with OAR 1412-85-155(14). 1 1 t Land Use Application 3 June 9, 2000 Lowe's Home Improvement Warehouse, Inc. 1 1 1 I 0 • NARRATIVE ADDRESSING APPLICABLE CRITERIA The applicant requests a Type II Water Resources Overlay Review and a Type III Sensitive Lands Review. The following narrative demonstrates how the proposed wetland enhancement project complies with the City of Tigard's Community Development Code by meeting the approval criteria for those two land use actions. The applicant's representative attended a pre-application conference with City of Tigard planning staff on April 20, 2000. Materials received at that conference are provided in Appendix D. A neighborhood meeting was held, in accordance with City requirements, at the Fowler Middle School at 7:00 p.m. on May 11, 2000. The meeting attendance sheet and meeting notes are included in Appendix E. The site was posted, and notice of the neighborhood meeting mailed, according with City requirements. Affidavits of posting and of mailing are included in Appendix E. 1 Water Resources Overlay Review - Type II The proposed project complies with the standards of Chapter 18.797 of the Tigard Community Development Code, which specifies the standards and criteria for projects within the Water Resources Overlay District. The proposed wetland enhancement project is subject to the standards of the Water Resources Overlay District because it involves streambank enhancement within 10 feet of the top of bank or edge of wetland. t 1 1 t t Section 18.797.060(D) of the Tigard Community Development Code requires the preparation of several special studies and reports for proposed projects within the floodplain. These reports are included in this application submittal in the following locations: Hydraulic and soils report: Appendix F Grading Plan: Sheet 5 of 6 Vegetation Report: Appendix C and Sheet 4 Streambank Conditions Report: Appendix G Chapter 18.797 Water Resources Overlay District 18.797.080 Development Standards The following shall apply to all development, including native vegetation removal and excavation, within the WR 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. A. Alternatives considered. 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. The proposed project is a stream corridor enhancement project and is, therefore, exempted from an alternatives analysis. 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. Land Use Application 4 June 9, 2000 Lowe's Home Improvement Warehouse, Inc. I The project is designed not only to minimize loss of native vegetation but to increase the amount of native vegetation on the site by replacing reed canarygrass, a non-native, invasive species, with the native species such as Oregon ash, Pacific willow, red-osier dogwood, twinberry, Pacific ninebark, nootka rose, slough and saw-beak sedges, tall manna grass, and small-fruited bulrush, as detailed on Sheet 4 and Appendix C. The project will have a beneficial rather than adverse hydrologic impact on water resources because the 1 proposed overflow channel will provide increased flood storage capacity, as documented in the Hydraulic and Soils Report (Appendix F). t Excavation will be limited to the area needed for the overflow channel. Erosion will be minimized by lining the overflow channel with erosion control fabric, and placing temporary sediment barriers and bio-filter bags for check dams. Disturbed areas of the site will be seeded with native seed. 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 1 practices; The proposed wetland enhancement project will not result in any adverse water quality impacts. Rather, L the project will enhance the water quality functions of the existing wetlands and stream by providing shade to reduce water temperatures, providing woody plant material to stabilize streambanks and reduce sedimentation, and providing emergent plantings to filter runoff. The Hydraulic and Soils Report (Appendix F), prepared by Richard Attanasio, P.E., a civil engineer with experience in water quality, states that the proposed project will not result in any adverse water quality impacts, but rather will provide water quality benefits. 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. The proposed project is an enhancement project and must occur within the water resource and riparian setback areas. The above criterion is not applicable to an enhancement project. 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. The project will occur within the riparian setback area. The construction materials and methods used will not t cause damage to water quality or native vegetation. Rather, the project will promote the growth of native vegetation on the site by removing reed canarygrass and planting native species such as Oregon ash, Pacific willow, red-osier dogwood, twinberry, Pacific ninebark, nootka rose, slough and saw-beak sedges, tall manna grass, and small-fruited bulrush, as shown on Sheet 4 of 6. The project will enhance the water quality functions of the existing wetlands and stream by providing shade to reduce water temperatures, providing woody plant material to stabilize streambanks and reduce sedimentation, and providing emergent plantings to 1 filter runoff. D. Minimize flood damage. Aboveground 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 Land Use Application 5 June 9, 2000 i Lowe's Home Improvement Warehouse, Inc. 1 • ~ 1 flood storage capacity or raise base ood elevations on- or off-site. fl Any new commercial or industrial land development proposed within the 100 year floodplain shall be designed consistent with Chapter 18.775, Sensitive Lands. No above-ground residential structures are planned within the WR overlay district as part of the proposed wetland enhancement project. On-site flood storage capacity will not decrease as a result of the project. According to the Hydraulic and Soils Report (Appendix F), the project will increase on-site flood storage capacity. E. Avoid steer 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 ?naps), except where necessary to construct public facilities or to ensure slope stability. No excavation or vegetation removal is proposed on areas with slopes of 25 percent or greater. Slopes on the site range from less than one percent to nine percent. Soils mapped for these sites are Cove silty clay loam with slow runoff and slight erosion potential. The overflow channel will be lined with biodegradable, woven coconut (coir) erosion control fabric to minimize erosion. F. Minimize imDacts on existine 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; Temporary erosion control measures such as sediment barriers, bio-bags, and tree protection fence will be removed upon completion of construction and stabilization of disturbed areas. The coir lining of the overflow channel will remain, as removal would disturb wetland vegetation. 2. Work areas on the immediate site shall be carefully identified and marked to reduce potential damage to trees and vegetation; Enhancement construction areas will be field staked prior to construction, and tree protection fencing will be installed prior to grading. 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; Trees will be protected during grading operations by tree protection fencing. Refer to Sheet 5 of 6 for location of tree protection fence. Trees will not be used to anchor equipment. 4. In areas designated for selective cutting or clearing. care in falling and removine trees and brush shall be taken to avoid iniuring trees and shrubs to be left in Dlace: The project will not involve falling and removing trees. Reed canarygrass is the primary vegetation in the ' area in which the overflow channel will be constructed. 5. Stockpiling of soil, or soil mixed with vegetation, shall not be permitted on a permanent basis. No permanent stockpiling of soil will occur as part of the proposed project. Excavated soil material will be removed from the site. Land Use Application 6 June 9, 2000 Lowe's Home Improvement Warehouse, Inc. 1 • • 1 I G. Vegetation mitigation elan. 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 18.797.100, a mitigation plan shall be prepared and implemented. The proposed work is considered to constitute a Type H use within the water resource site. (Table 18.797.2 in the Tigard Community Development Code classifies streambank enhancement, including vegetation removal and replacement within 10 feet of the top-of-bank or edge of wetland, as a Type II use.) However, the proposed project is an enhancement project and does not require mitigation. 1. The applicant shall be responsible for re-vegetating areas temporarily disturbed by excavation on a 1:1 basis; There are no areas that will be temporarily disturbed by excavation. The only excavation to be conducted will be for creation of the overflow channel, which is not a temporary disturbance. The banks of the overflow channel will be lined with coir erosion control fabric and planted with livestakes, as shown on Sheets 5 and 6. 2. 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 1.5:1 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; No riparian areas will be lost to development or reduced. The above criterion is not applicable. 3. 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 proposed project involves removing non-native reed canarygrass and re-planting the site with native species. The area will be monitored for five years and will achieve an 80 percent survival rate, in accordance with the Corps and DSL permits. H. Water and sewer infiltration and discharge. Water and sanitary sewer facilities shall be designed, located and constructed to avoid infiltration offloodwaters into the system, and to avoid discharges from such facilities to streams and wetlands. No water or sanitary sewer facilities will be located on the site of the proposed wetland enhancement project. The above criterion is not applicable. I. On-site svstems. On-site septic systems and private wells shall be prohibited within the WR overlay district. No on-site septic systems or private wells are proposed as part of this wetland enhancement project. The above criterion is not applicable. J. 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: Land Use Application 7 June 9, 2000 Lowe's Home Improvement Warehouse, Inc. 1 L Specific methods of soil erosion and sediment control shall be used during construction to minimize visible and measurable erosion; Soil erosion and sediment control methods will be utilized during construction, as specified on Sheets 5 and 6. The overflow channel will be lined with biodegradable, woven coconut (coir) erosion control fabric. Existing trees will be protected with construction fencing during channel excavation. Along the east edge of the overflow channel, a sediment fence will be installed to prevent sediment from entering the stream. Bio-filter bags will be utilized for check dams in the overflow channel. 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; The disturbed area surrounding the construction of the overflow channel will be confined to that area of the site. The disturbed area will be seeded and mulched upon completion of construction activities. 3. Construction activity will take place during the dry season (June-October), whenever feasible, and the duration of exposure of soils shall be kept to a minimum during construction; Planting will take place between September and November. The work will be conducted consistent with the DSL/Corps joint permit (Appendix A), which requires dry season construction of the overflow channel. 4. Exposed soils shall be covered by mulch, sheeting, temporary seeding or other suitable material following grading or construction, until soils are stabilized. During the rainy season (November through May), soils shall not be exposed for more than 7 calendar days. All disturbed land areas which will remain unworked for 21 days or more during construction, shall be mulched and seeded; All excavation shall be completed in the low-water period (June through September). The only exposed soils will be located in and near the proposed overflow channel. The sides and bottom of the overflow channel shall be lined with coir fabric. The area surrounding the construction of the overflow channel will be seeded and mulched upon completion of construction activities. 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; Sediment barriers and check dams are planned for control of sediment on-site, as detailed on Sheets 5 and 6. 6. A stabilized pad of gravel shall be constructed at all entrances and exists to the construction site. The stabilized gravel pad shall be the only allowable entrance or exit to the site; A stabilized pad of gravel will be used for entrance to the construction site. The location of the gravel pad is shown on Sheet 5, and construction detail is shown on Sheet 6. 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; Land Use Application 8 June 9, 2000 Lowe's Home Improvement Warehouse, Inc. 1 1 1 1 1 1 1 Reed canarygrass will be mowed, sprayed and removed from the site. No topsoil will be stripped. Planting details call out the necessary soil amendments to support survival. Soil excavated for the overflow channel will be removed from the site to increase wetland areas and flood storage capacity. 8. The removal of all sediments which are carried into the streets, water resources or on to adjacent property, 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 shall sediments be washed into storm drains, ditches or drainageways; Erosion and sedimentation will be controlled through the methods described under 18.797.080 (J)(1) above and detailed on Sheets 5 and 6. Sediment will be controlled on the site, and is not expected to be carried into streets, water resources, or onto adjacent properties. The applicant, Lowe's, understands that if sedimentation were to affect the aforementioned areas, cleanup and repair would be the responsibility of the applicant. 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 Planning Director has not requested the applicant to address additional provisions of the Erosion Prevention and Sediment Control Plans Technical Guidebook. 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: A schedule of planned erosion control and re-vegetation measures is described in the Vegetation Report (Appendix C) and shown on Sheet 4, Mitigation Planting Plan and Sheet 5, Grading and Erosion Control Plan. t t 1 t 1. Erosion control measures shall be installed prior to any stripping or excavation work. Tree protection fence and sediment barriers shall be installed prior to grading. The excavated channel shall then be excavated andlined with erosion control fabric. 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. The Contractor shall inspect and maintain erosion control measures daily until the disturbed areas are stabilized. 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. The Contractor shall be responsible for cleanup of any sediment leaving the grading area. Land Use Application 9 June 9, 2000 Lowe's Home Improvement Warehouse, Inc. 1 • • L 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. Bio-bag check dams shall be placed as shown on the finished erosion control surface of the overflow channel. 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 project is an enhancement project; no buildings or foundations are proposed. This criterion is not applicable. L. Tvne III conditional uses. The procedural and substantive provisions of Chapter 18.330, Conditional Uses, in addition to Section 18.797.080 L1-2 below and 18.797.080A-K above, shall apply to determine whether a Type III use listed below may be approved. The applicant for conditional use approval shall: 1. Demonstrate that there will not be any net loss in the values of the resource area; and 2. Submit a detailed mitigation plan to show that any loss of riparian values will be fully compensated through the enhancement program. The proposed wetland enhancement project is a permitted use. The proposed activities - removal of non- native vegetation and replacement with native plant species, and in-stream and streambank enhancement within 10 feet of the top of bank or edge of wetland - are classified as Type I and II permitted uses, respectively, according to Table 18.797.2 of the Tigard Community Development Code. The above requirement is not applicable to the project. Sensitive Lands Permit - Type III A Type III Sensitive Lands Permit is needed because the proposed wetland mitigation project will involve soil alteration within the floodway of Fanno Creek. ' The proposed project complies with the standards of Chapter 18.775 of the Tigard Community Development Code, which specifies the standards and criteria for projects on sensitive lands. Sensitive lands include the 100-year floodplain, drainageways, and wetland areas. 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 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 Use Application 10 June 9, 2000 Lowe's Home Improvement Warehouse, Inc. a s 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 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 landform alterations propose no fill, only excavation/removal of material for creation of an overflow channel. The overflow channel will not increase, and may decrease flood levels during the base flood discharge, as certified by a registered engineer in the Hydraulic and Soils Report (Appendix.F). 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; The proposed wetland mitigation project is not a development project. The only alterations proposed within the floodplain are soil excavation for creation of the overflow channel and connection of the overflow channel to Fanno Creek. The site is zoned residential (R-4.5) with an open space overlay designation. The site is currently used as public open space and will continue to be used as public open space when the proposed wetland enhancement project is implemented. The site consists of a natural area adjacent to and including a portion of a proposed public recreational trail in the City of Tigard. The use of the site is similar to those uses listed above - particularly "community recreation uses" - which are allowed in areas with residential zoning, 3. 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 land form alteration proposed is excavation of an approximately 580-foot-long overflow channel connecting at both ends to Fanno Creek (See Sheet 3). This work will not result in net fill within the floodplain, but will rather result in net removal. It will not result in an increase in the water surface elevation of the 100-year flood and may result in a decrease, as certified in the Hydraulic and Soils Report, Appendix F. 1 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; The City of Tigard is in the process of developing a pedestrian pathway between Tigard Street and Tiedeman Avenue across the Fowler Middle School site. The pathway will cross the wetland mitigation site proposed by Lowe's. The location of the pathway is indicated on Sheets 3 through 5 for reference purposes. However, the trail is not a part of the land use action proposed in this application. A Tigard Area PedBike Path Map from 1983 shows a pathway across the Fowler Middle School site between Tigard Street and Tiedeman Avenue. However, the City of Tigard should address how the proposed trail conforms to an adopted pedestrian/bicycle plan at the time that an application is submitted for the trail construction. Land Use Application 11 June 9, 2000 Lowe's Home Improvement Warehouse, Inc. 1 • ~ 1 5. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood; See response to 18.775.070(B)(4) above. The City of Tigard should address conformance with this criterion at the time that an application is submitted for development of the trail. 6 The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained; and Permits were obtained from both the Corps (#99-199) and Oregon Division of State Lands (DSL) (RF- 16790) for both the wetland impacts to occur at the Lowe's Home Improvement Warehouse store site and the compensatory wetland enhancement work to be carried out at the Fowler Middle School site. The joint application and approvals are included as Appendix A. 7. Where landform 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. The site of the proposed wetland enhancement project currently consists and will continue to consist of open land area. The site is owned by the Tigard-Tualatin School District and is open to public access. Since the site is already dedicated to public use, no further dedication of land within the floodplain is possible. The City of Tigard is planning to construct a pedestrian pathway between Tiedeman Avenue and Tigard Street across the Fowler Middle School site that will cross the wetland mitigation site proposed by Lowe's (See Sheets 3 through 5). C. Within drainagewavs. The appropriate approval 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: 1. The extent and nature of the proposed land form alteration or development will not create site disturbances to the extent greater than that required for the use; Landform alteration within the floodway will consist of connecting both ends of the overflow channel to Fanno Creek, and thereby altering the banks of Fanno Creek at the locations where the overflow channel connects to it. The purpose of the overflow channel is to enhance fish habitat in the Fanno Creek watershed. The overflow channel will additionally provide habitat for amphibians and provide flood storage. It is necessary to connect the channel to Fanno Creek in order to provide fish habitat without creating a fish "trap" as the higher flows recede. The disturbance to the banks of Fanno Creek is the minimum necessary to accommodate the proposed use. 2. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property; The landform alteration will not result in erosion, sedimentation, ground instability, or other adverse on- or off-site effects. The channel will be stabilized with coconut erosion control fabric and live staking with Land Use Application 12 June 9, 2000 Lowe's Home Improvement Warehouse, Inc. t • • woody species. In addition to the channel work, live staking proposed along Fanno Creek will increase streambank stability in the areas receiving the live stakes. 3. The water flow capacity of the drainageway is not decreased; The proposed work will not decrease the water flow capacity of the drainageway. The project does not involve any obstruction or filling of the drainageway. As described in the Hydraulic and Soils Report (Appendix F), the water flow capacity of the drainageway will be increased rather than decreased by the creation of the overflow channel. I t 4. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.745, Landscaping and Screening; Natural vegetation will not be removed due to land form alteration or development. The above criterion is not applicable to the proposed project. 5. The drainageway will be replaced by a public facility of adequate size to accommodate maximum flow in accordance with the adopted 1981 Master Drainage Plan; The drainageway will continue to function and will not require replacement. The above criterion is not applicable. 6 The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained; Permits were obtained from both the Corps (#99-199) and DSL (RF-16790) for both the wetland impacts to occur at the Lowe's Home Improvement Warehouse store site and the compensatory wetland enhancement work proposed at the Fowler Middle School site. The applications and approvals are included as Appendix A. 7. Where landform 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. The above criterion is not applicable, as described under 18.775.070(B)(7) above. 11 11 Land Use Application 13 June 9, 2000 Lowe's Home Improvement Warehouse, Inc. ' DIX A APPEN ' US ARMY CORPS OF ENGINEERS AND OREGON DIVISION OF STATE LANDS PERMITS 1 1 1 Land Use Application June 9, 2000 Lowe's Home Improvement Warehouse, Inc. U&/UV/VV L6.JV ~/JVJLVUVVVI uuvK. „a i ~ : ► ~,s; Department of Environmental Quality • Ye Ol 1 811 SW Sixth Avenue Portland, OR 97204-1390 John A. Kitzhaba, M.D., Governor (503) 229-5696 ' TDD (503) 229-6993 February 7, 2000 ' Mary Headley U.S. A.mty Corps of Engineers ' ATTN: CENWP-CO-GP P.O. Box 2946 Portland, OR 97208-2946 ' Re: Amendment to USACE Permit, Action ID # 1999-00199, issued to Eagle Hardware and Garden, Inc- Dear Ms. Headley: The Department of Environmental Quality (DEQ), in order to be consistent with permit ' conditions contained in the Division of State Lands permit RF-16790 issued to Eagle Hardware and Garden, amends condition 1, a) having to do with work timing. The amended condition shall read: 1. Fish protection/ODFW timiug : 1 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, or as outlined in Division of State Lands permit RF-16790. All other conditions in the Water Quality Certification issued on January 31, 2000, are unchanged. Tich,,11 T. L/ welyn Administrator Water Quality Division T:TM.Certhead.99-199.amend. cc: Applicant(s) Bill Parks, DSL Jinn Grimes, ODFW DEQ-t 1 • • 1 t 1 Reply to Attention of: Operations Division Regulatory Branch 199900199 DEPARTMENT OF THE ARMY PORTLAND DISTRICT, CORPS OF ENGINEERS P.O. BOX 2946 PORTLAND, OREGON 97208-2946 February 5, 2000 Lowe's HIW, Inc. Attn: Stephen Gale 1530 Faraday Avenue, Suite 125 Carlsbad, California 92008 Dear Mr. Gale: The US Army Corps of Engineers (Corps) evaluated your request (Enclosure 1) for Department ' of the Army authorization under Section 404 of the Clean Water Act for work in waters of the US associated with a proposed development project located in Section 1, Township 2 South, Range 1 West, in Washington County, Tigard, Oregon. It is the Corps' understanding your proposed project involves diverting approximately 500 lineal feet of a first order, unnamed tributary of Red Rock Creek into a culvert, and filling approximately 0.81 acre of associated palustrine emergent/ash forested wetland. Your proposal involves discharge of approximately 13,000 cubic yards of material into the wetland. 1 To mitigate loss of 0.81 acre of palustrine emergent/ash forested wetland you propose to enhance 3.1 acres of wetland at the Phil Lewis Elementary School site, along Fanno Creek in Tigard, Oregon. This involves removal of reed canarygrass, and establishment of native vegetation. To mitigate loss of stream channel at the development site you propose creation of oxbows and depressions, or an overflow channel, which will increase stream channel length at the Fanno Creek site. Proposed work at this site involves a de minimis amount of discharge associated excavation. This letter verifies that your proposed activities as presented in your application are authorized under the terms and limitations of Nationwide Permit Number 26, as described in Enclosure 2. Your activities must be conducted in accordance with the conditions presented in Enclosures 3 and 4, and the following Special Condition: Compensatory mitigation described in the permit application attachment, entitled Mitigation Plan (Enclosure 1) must be completed prior to, concurrently with, or within one year of culverting the unnamed tributary or discharging fill material into the wetland at development site. Failure to comply with any of the listed conditions could result in enforcement actions. This verification is valid until February 11, 2002. If you commence or are under contract to commence this activity before the date the Nationwide Permit expires, you will have twelve months from the expiration date to complete the activity under the present terms and conditions of the current Nationwide Permit. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • • If you have any questions please contact Mary J. Headley at the address provided in the letterhead, or telephone (503) 808-4392. Sincerely, La enceeEvans ief, Regulatory Branch 11 Copy Furnished: David Evans and Associates (Siegfried) Oregon Division of State Lands (Parks - DSL NO: RF-16790) Oregon Department of Environmental Quality (Melville) CO-GP (Black) DEPARTMENT OF THE ARMY ' PORTLAND DISTRICT, CORPS OF ENGINEERS P.O. BOX 2946 PORTLAND, OREGON 97208-2946 ' Reply to Attention of: February 4, 2000 Operations Division Regulatory Branch 00.00092 00p t Lowe's HIW, Inc. Attn: Stephen Gale 1530 Faraday Avenue, Suite 125 Carlsbad, California 92008 ' Dear Mr. Gale: The US Army Corps of Engineers (Corps) evaluated your request (Enclosure 1) for Department of ' the Army authorization under Section 404 of the Clean Water Act to improve habitat in ponds and a small tributary of Fanno Creek, in Greenway Park, Washington County, Tigard, Oregon. Your proposed project includes removing existing culverts and replacing with footbridges, creating and restoring open stream channel, and revegetating banklines of several ponds. Work regulated by the Corps includes discharge of less than 25 cubic yards of material into water of the US for bridge footings, and permanently plugging the upstream end of the western-most culvert. This letter verifies that your proposed activities as presented in your application are authorized under the terms and limitations of Nationwide Permit Number 18, as described in Enclosure 2. Your activities must be conducted in accordance with the conditions presented in Enclosures 3 and 4. Failure to comply with any of the listed conditions may result in enforcement actions. This verification is valid until February 11, 2002. If you commence or are under contract to commence this activity before the date the nationwide permit expires, you will have twelve months from the expiration date to complete the activity under the present terms and conditions of the current ' nationwide permit. If you have any questions please contact Mary J Headley at the address provided in the letterhead or telephone (503) 808-4392. Sincerely, Lawrence C. Evans Chief, Regulatory Branch Copy Furnished: Oregon Division of State Lands (Parks - DSL NO: RF-16790) Oregon Department of Environmental Quality (Melville) ' CO-GP (Black) 1 1 1 1 1 1 t 1 1 1 t t 1 t NATIONWIDE PERMIT Nationwide Permit 18 authorizes minor discharges of dredged or fill material into all waters of the United States provided: a. The discharge does not exceed 25 cubic yards; b. The discharge will not cause the loss of more than 1/10 acre of a special aquatic site, including wetlands. For the purposes of this nationwide permit, the acreage limitation includes the filled area plus special aquatic sites that are adversely affected by flooding and special aquatic sites that are drained so that they would no longer be a water of the United States as a result of the project; c. If the discharge exceeds 10 cubic yards or the discharge is in a special aquatic-site, including wetlands, the permittee notifies the District Engineer in accordance with the "Notification" general condition. For discharges in special aquatic sites, including wetlands, the notification must also include a delineation of affected special aquatic sites, including wetlands; d. The discharge, including all attendant features, both temporary and permanent, is part of a single and complete project and is not placed for the purpose of stream diversion. 1 1 1 t 1 t 1 QUALIFICATIONS CONDITIONS Case No: 00-00092 The Corps of Engineers has determined, based on available information, that the proposed work is in conformance with the enclosed terms and conditions of the authorizing Nationwide Permit (Enclosure 2) and with the following listed "Qualification Conditions". However, the permittee is responsible for verifying that his activities are and continue to be in conformance with these terms and conditions throughout the execution of the authorization. 1. Navigation. No activity may cause more than a minimal adverse effect on navigation. 2. Proper Maintenance. Any structure or fill authorized shall be properly maintained to ensure public safety. 3. Aquatic Life Movements. No activity may change stream gradients or substantially disrupt the movement of aquatic life indigenous to the waterbody, including those species which normally migrate through the area, unless the activity's primary purpose is to impound water. 4. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status; unless the appropriate Federal agency, with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely effect the Wild and Scenic River designation, or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service.) 5. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 6. Federal Endangered Species. No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, or which is likely to destroy or adversely modify the critical habitat of such species. Note: Authorization of an activity by a nationwide permit does not authorize the take of a threatened or endangered species as defined under the Federal Endangered Species Act. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with incidental take provisions, etc.) from the U.S. Fish and Wildlife Service or the National Marine Fisheries Service, both lethal and non-lethal takes of protected species are in violation of the Endangered Species Act. 7. State Endangered Species. No activity is authorized under any NWP which is likely to have adverse impacts to species listed by the State of Oregon as threatened, endangered or sensitive, unless approved by the appropriate state agency. 8. Historic Properties. No activity which may affect historic properties listed, or eligible for listing, in the National Register of Historic Places is authorized unless, until the DE has complied with the provisions of 33 CFR Part 325, Appendix C. 9. Water Supply Intakes. No discharge of dredged or fill material may occur in the proximity of a public water supply intake except where the discharge is for repair of the public water supply intake structures or adjacent banks. 10. Shellfish Production. No discharge of dredged or fill material may occur in areas of concentrated shellfish production, unless the discharge is directly related to a shellfish harvesting activity authorized by NWP 4. 1 11. Mitigation. All feasible and prudent alternatives to avoid and minimize impacts to waters of the United States shall be considered. Discharges of dredged or fill material into waters of the United States must be minimized or avoided to the maximum extent practicable at the project site. (i.e., on-site), unless the District Engineer approves a compensation plan that the District Engineer determines is more beneficial to the environment than on-site minimization or avoidance measures. Compensatory wetland mitigation, where practical, shall be required in accordance with Oregon guidelines for compensatory wetland mitigation. 12. Spawning Areas. Discharges in spawning areas during spawning seasons must be avoided to the maximum extent practicable. 13. Obstruction of High Flows. To the maximum extent practicable, discharges must not permanently restrict or impede the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to impound waters). 14. Adverse Effects From Impoundment. If the discharge creates an impoundment of water, adverse effects on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maximum extent practicable. ' 15. Waterfowl Breeding Areas. Discharges into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. ' 16. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. 17. Local Land Use Planning. Proposed work must be consistent with local comprehensive plans and implementing ordinances. 18. Compensatory Mitigation Sites. Proposed work which would adversely impact previously required Federal or state compensatory mitigation or restoration efforts can not be authorized by a Nationwide Permit. 19. Territorial Seas. Proposed work occurring within Oregon's Territorial Sea (Base Line to 3 nautical miles offshore) is not authorized until individual coastal zone certification from DLCD is obtained. 20. Fish Passage. The placement of culverts, diversion structures, or changes to the channel morphology must be designed to be consistent with passage standards developed by ODFW and NMFS, titled "ODFW Standards and Criteria for Stream Road Crossings". 21. Fish Habitat Enhancement. Bioengineering designs (conducive to fish usage), shall be preferred and utilized wherever appropriate. Fish habitat enhancement measures (willow sprigs in rock applications, fish resting areas, vegetative stabilization, etc.) shall also be incorporated into non bioengineering designs to the extent practicable as mitigation measures. IMPLEMENTATION CONDITIONS Case No: 00-00092 The following conditions specifically address requirements which must be met during the permittee's implementation of the authorized work. 1. Work Period. All in-water work shall occur between July 1 and September 30. 1 • • 1 2. Agency Access. Permittee must provide access to the work site to representatives of the Corps of Engineers, DEQ, and ODFW during all hours of construction or operation. 3. Equipment. Heavy equipment shall not be operated in the active flowing waterway unless specifically authorized. Use of heavy equipment in waters may be authorized if necessary in the interest of safety or due to site conditions prohibiting certain work from the bank. Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance 1 t 1 1 1 t 1 1 I 4. Erosion and Siltation Controls. Appropriate erosion and siltation controls (such as hydroseeding, filter bags, organic or fabric soil detention systems, leave strips, berms, etc.) must be used and maintained in effective operating condition during construction to protect all exposed soil, stock piles and fills from erosion. These features, as well as any work below the ordinary high water mark or high tide line, must also be permanently stabilized at the earliest practicable date. Materials shall not be placed on unstable slopes, and stockpiles shall not exceed 25 feet in height. 5. Disturbed Area Protection. Construction access roads and associated staging areas shall be protected with a gravel blanket or other suitable material to protect against erosion of sediments into waterways and wetlands. 6. Dredged Material Disposal: Dredged or excavated material shall not be placed in and shall be prevented from eroding back into waterways and wetlands, unless specifically authorized. 7. Suitable Material. No discharge of dredged or fill material may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.,) and must be free from toxic pollutants in toxic amounts. 8. Pollutants. Petroleum products, chemicals, fresh cement, construction, or deleterious waste materials shall not be allowed to enter waters or wetlands. Special attention shall be given to preventing sandblasted material and chipped paint from entering the water. Machinery refueling is to occur off site or in a confined, designated area to prevent spillage into waterways and wetlands. 9. Vegetation. Vegetation, not designated for removal or modification in the authorization, shall be protected from disturbance to the maximum extent possible and restored with native plant species when damaged or disturbed. The standard for success is 80 percent cover with native plant species that replace the habitat type lost or damaged. 10. Wetlands. Wetlands adjacent to work areas shall be clearly flagged, or otherwise appropriately identified, to prevent damage or loss of that resource. Damaged areas shall be restored to pre-work conditions. 11. Endangered Species. If at any time during the conduct of the work authorized, the permittee becomes aware that a Federally listed threatened or endangered species or a species proposed for such designation (as identified under the Federal Endangered Species Act) or the habitat of such species may be affected, the permittee must immediately cease activities, notify the Corps of Engineers and not re-initiate activities until approved by the Corps of Engineers. 12. Cultural Resources & Burials. If at any time during the conduct of the work authorized, the permittee becomes aware that human burials, cultural resources or historic properties (as identified under Federal historic preservation laws) be affected, the permittee must immediately cease activities, notify the Corps of Engineers and not re-initiate activities until approved by the Corps of Engineers. 13. Turbidity Testing. Turbidity shall be monitored frequently while conducting in-water work. Monitoring points shall be at locations 100 feet upstream (background) and 100 feet downstream. Measurements shall be accomplished with either a turbidimeter or visually and turbidity shall not exceed either 10% above background or be visible (if measuring visibly) at the downstream station. These limits can be exceeded for a maximum of two hours in a 24-hour period provided all practicable erosion control measures have been implemented. 14. Turbidity Reporting. The permittee shall conduct turbidity monitoring as required in the "Turbidity" condition 1 stated above and mail the results to the Depaitmetit of Environmental Quality, Executive Building, 811 SW. 6. Avenue, Portland, OR 97204, at the end of each week of operation. [This Condition is only applicable to work in WQL waters only]. 15. Sediment Testing. The permittee shall coordinate with the Oregon Department of Environmental Quality, to establish a acceptable testing plan, testing protocol and reporting requirements; execute the testing plan; submit the necessary reports and obtain ODEQ approval prior to proceeding with the proposed work. [This condition is only applicable to work in WQL which have limits on toxic substances, metals or organic chemicals]. ' 16. Compliance Certification. The permittee shall, upon completion of the permitted work or activity, fill out the enclosed Compliance and submit it to this office at the address above. If the permitted work or activity is not carried out by the expiration date of this permit, the permittee shall note this fact on the Compliance Certification and submit it as above. 1 t I 1 1 t t 1 re on 9 John A. Kitzhaber, M.D., Governor 1 1 :r" January 20, 2000 Mr. Stephen Gale Lowe's HIW, Inc. 1530 Faraday Avenue, Suite 125 Carlsbad, CA 92008 1 1 1 1 Re: DSL application no. RF 16790 Dear Mr. Gale: Division of State Lands 775 Summer Street NE Salem, OR 97301-1279 (503) 378-3805 FAX (503) 378-4844 TTY (503) 378-4615 State Land Board John A. Kitzhaber Governor Bill Bradbury Secretary of State Jim Hill State Treasurer We have completed our review of the above reference application for a permit to fill and remove material in waters of the state to construct a commercial retail hardware store and have enclosed Oregon Removal-Fill Permit number RF-16790 for that purpose. We granted your request to commence work under the permit on May 1 under the provision that water quality monitoring occur as specified in Special Condition 6. This is two months earlier than recommended by the Oregon Department of Fish and Wildlife in their Guidelines for Timing of In Water Work and as reiterated in their comments. The reasons for allowing the variance are that the directly affected stream is non fish bearing, Lowe's has had an erosion control specialist from David Evans and Associates develop a sediment containment plan to keep sediments from moving offsite and we have conditioned the permit such that we can halt operations in the event turbidity becomes a problem. If the stream did contain fish, particularly any species listed as threatened or endangered, we would not have granted the extension. Please note that Special Condition 7(d) of the permit specifies that, in addition to other mitigation measures, Lowe's needs to make a payment of $52,155 to the Division of State Lands Mitigation Bank Revolving Fund Account. I would like to explain the reason for that payment. You will recall from our September 23, 1999, that we agreed to work with your consultants to see if there were opportunities to replace the 500 foot section of open stream feature that will be lost at the development site. That effort was successful in locating 195 feet of channel "daylighting" that could occur at Greenway Park by removing culverts from three stream sections. For replacing the remaining 395 feet we had agreed at the meeting that we would allow use of the "payment-to-provide" option. Using figures we have obtained from Unified Sewerage Agency, where daylighting of a similar size stream occurred, we derived a per linear foot cost of $177 to cover stream channel construction, erosion control measures, landscaping and plant maintenance. We would be glad to provide their cost sheet if you wish. If the permit is acceptable, please provide us a written withdrawal of the request for contested case hearing; alternatively, if you wish to continue with the appeal process, let me know as soon as possible. Thanks for your cooperation and, if you have questions s about any of the permit conditions, please call either Bill Parks at (503) 378-3805 ext. 234 or me at ext. 244. Sincerely, JohnIon Earle A . Western Region Manager C: Judy Linton, Corps of Engineers Tom Melville, Dept. of Environmental Quality Jim Grimes, Dept. of Fish and Wildlife Frank Flynn Dana Siegfried \\Saleml\FO\Counties\Washington\RF-16790 Eagle cover.doc 1 1 t t 1 D;-vision of State Lands 0 7`75 Summer Street NE Salem, OR 97301-1279 ^m 503-378-3805 • Permit No.* Permit Type: Waterway: County: Expiration Date: Corps No.: LOWE'S H I W RF-16790 Removal/Fill Wetland/Red Rock Creek Washington January 20, 2001 99-103 IS AUTHORIZED IN ACCORDANCE WITH ORS 196.800 TO 196.990 TO PERFORM THE OPERATIONS DESCRIBED IN THE ATTACHED COPY OF THE APPLICATION, SUBJECT TO THE SPECIAL CONDITIONS LISTED ON ATTACHMENT A AND TO THE FOLLOWING GENERAL CONDITIONS: ~z. 4. 5. 6. 7. ~a t This permit does not authorize trespass on the lands of others. The permit holder shall obtain all necessary access permits or rights-of-way before entering lands owned by another. This permit does not authorize any work that is not in compliance with local zoning or other local, state, or federal regulation pertaining to the operations authorized by this permit. The permit holder is responsible for obtaining the necessary approvals and permits before proceeding under this permit. All work done under this permit must comply with Oregon Administrative Rules, Chapter 340; Standards of Quality for Public Waters of Oregon. Specific water quality provisions for this project are set forth on Attachment A. Violations of the terms and conditions of this permit are subject to administrative and/or legal action which may result in revocation of the permit or damages. The permit holder is responsible for the activities of all contractors or other operators involved in work done at the site or under this permit. A copy of the permit shall be available at the work site whenever operations authorized by the permit are being conducted. Employees of the Division of State Lands and all 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. Any permit holder who objects to the conditions of this permit may request a hearing from the Director, in writing, within 10 days of the date this permit was issued. In issuing this permit, the Division of State Lands makes no representation regarding the quality or adequacy of the permitted project design, materials, construction, or maintenance, except to approve the project's design and materials, as set forth in the permit application, as satisfying the resource protection, scenic, safety, recreation, and public access requirements of ORS Chapters 196, 390 and related administrative rules. Permittee shall defend and hold harmless the State of Oregon, and its officers, agents, and employees from any claim, suit, or action for property damage or personal injury or death arising out of the design, material, construction, or maintenance of the permitted improvements. NOTICE: If removal is from state-owned submerged and submersible land, the applicant must comply with leasing and royalty provisions of ORS 274.530. If the project involves creation of new lands by filling on state- owned submerged or submersible lands, you must comply with ORS 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 state-owned submerged or submersible lands. Failure to comply with these requirements may result in civil or criminal liability. For more information about these requirements, please contact the Division of State Lands, 378-3805. Earle A. Johnson, Manager ' Western Region Field Operations Oregon Division of State Lands I Salem IWOTormMuthorizationTermit Face.doc January 20, 2000 "Authorized Sig?ature Date Issued ATTACHMENT A 1 1 1 1 t t Special Conditions for Material Removal/Fill Permit No. 16790 1. This permit authorizes the placement of up to 13,000 cubic yards of fill material and the removal of up to 700 cubic yards of material in Section 1, T2S, R1W (Red Rock Creek trib. & Wetlands) for construction of a commercial retail hardware store as outlined in the attached permit application, map and drawings. This permit also authorizes the removal of material necessary for replacement wetland/stream habitats as specified in special condition 7 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 Erosion control measures shall be maintained as necessary to ensure their continued effectiveness, until, soils become stabilized. If the turbidity standard is not met as a result of the Lowe's operation, immediate corrective' action shall be taken. If the cause of the turbidity cannot be corrected within 2 hours, construction activities that might contribute to turbid conditions shall cease until authorization to proceed is granted by the Division of State Lands or the Department of Environmental Quality, while all efforts at the construction site are focused on getting the turbidity under control. The permittee is strongly encouraged to photo-document turbidity conditions, including other potential sources in the area. Petroleum products, chemicals, or other deleterious materials shall not be allowed to enter the water. -Page 1- Attachment A RF-16790 Page 2 of 4 4. Waste materials and spoils shall be placed at an approved upland disposal site and not in any unauthorized wetland areas. 5. Operation of equipment in the active flowing stream shall only occur between May 1 and September 30. The normally allowed in-water work period is July 1 through September 30. We are granting the two months early start based upon the specially developed Erosion Control BMP Measures, erosion control plan drawings and monitoring methods which are attached to and made a part of this permit. 6. After construction begins, turbidity shall be monitored at least weekly, and every day whenever there has been measurable rainfall in the previous 24 hours, during the period May 1 through June 30. Turbidity observations shall be taken at a reference point approximately 100 feet upstream of the confluence of Red Rock Creek and the unnamed ' tributary. Turbidity observations shall be recorded, maintained on site, and sent to DSL and DEQ on a weekly basis during the stream monitoring period. MITIGATION CONDITIONS 7. The following conditions apply to the Fanno Creek and Greenway Park enhancement and replacement wetland/stream sites as described in the application and Mitigation Plan (revised) and as depicted on Sheets 4 through 6. a) The wetland/stream restoration shall be constructed prior to or concurrently with the construction project. b) The wetland/stream habitats shall be constructed as outlined in the Mitigation Plan and as depicted in Sheets 4 through 6 of 6. The excavated backwater area at the Greenway Park site shall be enlarged to 50 feet wide with banks sloped at 4:1 and vegetated with trees and shrubs. In addition, a weir structure shall be constructed downstream of the ' culvert at the excavation site to allow a backwater for fish access through the culvert (as depicted on modified Sheet 6 of 6). The weir structure shall be designed and constructed such that the drop does not exceed 6" in height. c) The stream/wetland communities shall be seeded or planted with native grass and/or legumes, shrubs and trees. Trees and shrubs shall be of the species and numbers indicated on Sheet 4 of 6 and modified Sheet 6 of 6 of the permit. Following planting of the area, the vegetation shall be allowed to establish a natural character with minimal maintenance. The criteria for success shall be an eighty percent survival rate of Attachment A RF-16790 Page 3 of 4 desirable planted or recruited species at the end of each year for a period of five years. Trees shall be protected with heavy gauge wire to prevent animal damage. d) The issuance of this permit is conditional upon establishment of replacement wetlands of approximately 3.10 acres enhancement, and 105 feet of culvert removal with 200 linear feet of channel and banks at several ponds revegetated for loss of 0.81 acres of wetland habitat and 500 feet of stream channel. Since only 195 feet of channel is being "daylighted", the remaining 305 feet of stream channel loss shall be compensated for by payment of $52,155 to the Division of State Lands' Mitigation Bank Revolving Fund Account. Payment must be submitted prior to any removal or fill work occurring in waters of the state under this permit. e) Woody debris, logs and/or root wads shall be incorporated into the Fanno Creek mitigation area for wildlife habitat. Large woody material shall be cabled to prevent movement during storm events. MONITORING CONDITIONS 8. A post-construction report documenting "as-built" conditions of the mitigation project shall be submitted to the State within 60 days of completion of grading. To insure a successful habitat replacement the permittee shall, for a period of five years, maintain the wetland until vegetation has become established and the area is functioning as designed. 9. The applicant shall establish fixed photo points. Photos shall be taken annually from the established points for monitoring purposes. A monitoring report as outlined in the Monitoring Plan shall be submitted annually prior to November V to the Division of State Lands for a period of five years after wetland/stream construction. CONTINGENCY CONDITIONS 10. The Greenway Park site shall be protected from maintenance activities by appropriate signage or strategic placement of large rocks to prevent equipment access to the mitigation sites. 11. Long-term protection for the mitigation sites shall be provided by a restrictive covenant on the property. Eagle Hardware shall provide appropriate documentation to protect the replacement wetland/stream habitats in cooperation with the Tigard- Tualatin School District and Tualatin Parks and Recreation Department. A copy of the 1 1 1 1 1 1 1 1 1 i 'Attachment A RF-16790 Page 4 of 4 • is documentation shall be provided to the Division of State Lands within 6 months of permit issuance. 12. The permittee shall obtain and provide the Division of State Lands a bond, a security instrument, or a secured account in the amount of $93,000 (3.10 acres Q $30,000/acre) to ensure completion of the mitigation work set out in the mitigation plan. This must be accomplished prior to placement of fill authorized by this permit. 13. 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. January 20, 2000 JAAttachmentAwest\RF Removal Fill Permits\RF-16790.doc Joint Army Corps Permit Application Form f Engineers THIS APPLICATION WILL MEET THE REQUIREMENTS OF BOTH AGENCIES rtiand District AGENCIES WILL ASSIGN NU SERS ores Action ID Number Oregon Division of State Lands No. SEND ONE SIGNED COPY OF YOUR APPLICATION TO EACH AGENCY District Engineer State of Oregon ATTN: CENWP-CO-GP Division of State Lands PO Box 2946 775 Summer Street NE Portland, OR 97208-2946 Salem, OR 97301-1279 503-808-4373 503-378-3805 ID Applicant Name and Address Co-Applicant Authorized Agent Contractor 11ame and Address Property Owner f different than applicant) t*ame and Address Road or other descriptive location n or Near (City or Town) County River Mile Business Phone # Home Phone# FAX # Business Phone # Home Phone # FAX # Business Phone # Home Phone # FAX # PROJECT LOCATION I Legal Description Quarter Section Township Tax Map # Tax Lot # L) LA r~atlitude Ongitude Range Is consent to enter property granted by th~ Corps and the Division of State Lands? O Yes O No s PROPOSED PROJECT INFORMATION ctivity Type: O Fill O Excavation (removal) O In-Water Structure O Maintain/Repair an Existing Structure nef Description: ill will involve cubic yards annually and/or cubic yards for the total project cubic yards is wetlands or below the ordinary high water or high tide line. ill will be O Riprap O Rock O Gravel O Sand O Silt O Clay O Organics O Other Fill Impact Area is Acres; length; width; depth Removal will involve cubic yards annually and/or cubic yards for the total project cubic yards is wetlands or below the ordinary high water or high tide line. Removal will be O Riprap O Rock O Gravel O Sand O Silt O Clay O Organics O Other Removal Impact Area is Acres; length; width; depth Is the disposal area: Upland? O Yes O No Wetland / Waterway? O Yes O No Are you aware of any Endangered Species on the project site? O Yes O No If yes, please explain in the project Are you aware of any Cultural Resources on the project site? O Yes O No description (on page 2, block 4) Is the project site near a Wild and Scenic River 0 Yes 0 No 1 ! ~ ,C7) 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 zoning ordinance. O This project has been reviewed and is not consistent with the local comprehensive plan and zone ordinance. O Consistency of this project with the local planning ordinance cannot be determined until the following local approval(s) ' are obtained: O Conditional Use Approval O Development Permit O Plan Amendment O Zone Change O Other An application O has O has not been made for local approvals checked above. Signature of local planning official Title City / County Date I COASTAL ZONE CERTIFICATION If the proposed activity described in your permit application is within the Oregon coastal zone, the following certification is required before ur application can be processed. A public notice will be issued with the certification statement which will be forwarded to the Oregon Wpartment of Land Conservation and Development 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. CERTIFICATION STATEMENT certify that, to the best of my knowledge and belief, the proposed activity described in this application complies with the approved Oregon :oastal Zone Management Program and will be completed in a manner consistent with the program. Print Type Name Title licant Signature Date SIGNATURE FOR JOINT APPLICATION application is hereby made for the activities described herein. I certify that I am familiar with the information contained in the application, d, to the best of my knowledge and belief, this information is true, complete, and accurate. I further certify that I possess the authority 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 payment of the required state processing fee does not guarantee permit issuance. ~~~i~1 lG/IJ C L~ 1_12I17F6.7-o 2 Print /Type Title r o i a ~ ov AppKcant Signature Date I certify that I may act as the duly authorized agent of the applicant. i Print /Type Name Title I Authorized Agent Signature Date U S Army Corps of Engineers Portland District 0 0. JOINT PERMIT APPLICATION FORM THIS APPLICATION WILL MEET THE REQUIREMENTS OF BOTH AGENCIES J Corps Action ID Number - Oregon Division of State Lands Number RIF ! & 7 90 SEND. ONE Sir .IED COPY OF YOUR APPLICATION TO EACH AGENCY gJew~21SL-Bls'Tficl`L'"lg neer State of Oregon ~7 3p ATTN: CENPP-PE-RP Division of State Lands ACA a~-pO$ P.O. Box 2946 775 Summer Street NE Portland, OR 97208-2946 Salem, OR 97310 503/326-7730 503/378-3805 1. Applicant Name IAAGE W E GA) EN, kNC. business phone #(425) 227-5740 and Address 9 1 II ve e S L-C> t'>e`s w,tio&ne phone # Re to , 8095 1r FFAX # (425) 204-5158 Co-Applicant Dana Siegfried business phone # (503)-223-6663 Authorized Agent David Evans & Asscs., Inc. home phone # Contractor 2828 SW Corbett Avenue, FAX # (503)-223-2701 Name and Address Portland, Oregon 97201 Property Owner Tigard Tualatin School Dist business phone # (503) 684-2235 (if different than applicant) 13139 SW Pacific Hwy home phone # Name and Address Tigard, OR 97223 FAX # 2. PROJECT LOCATION Street, Road, or other descriptive location Legal Description Hwy 217 and 72"° Avenue Quarter Section Township Range NE 1 2S 1 W In or Near (City or Town) County Tax Map # Tax Lot # 1801, 1900, 2700, Tigard Washington 2S101AC 2701, 2702, 2705, 2706, 2707 Waterway River Mile Latitude Longitude Unnamed trib of Red Rock Creek N/A Is consent to enter property granted to the Corps and the Division of State Lands ❑ Yes ❑ No 3. PROPOSED PROJECT INFORMATION Activity Type: ® Fill ® Excavation (removal) ❑ In-Water Structure ❑ Maintain/Repair an Existing Structure Brief Description: Construct new retail hardware, home repair and remodeling, and garden center Fill will involve cubic yards annually and/or 13,000 cubic yards for the total project 13,000 cubic yards in a wetland or below the ordinary high water or high tide line Fill will be ❑ Riprap ❑ Rock ❑ Gravel ® Sand ® Silt ® Clay ❑ Organics ❑ Other Fill Impact Area is 0.81 Acres: 350' length: 100' ave width, 10' depth Removal will involve cubic yards annually and/or 700 cubic yards for the total project 700 cubic yards in a wetland or below the ordinary high water or high tide line Removal will be ❑ Riprap ❑ Rock ❑ Gravel ❑ Sand ® Silt ® Clay ❑ Organics ❑ Other Removal Impact Area is 0.81 Acres. 350' length: 100' ave. width: 0.5' depth Estimated Start Date April 1999 Estimated Completion Date November 1999 Will any material, construction debris, runoff, etc., enter a wetland or waterway? ❑ Yes ® No If yes, describe the type of discharge and show the discharge location on the site plan. t • • I PROPOSED PROJECT PURPOSE & DESCRIPTION Project Purpose and Need: onstruct an economically viable market entry retail hardware, home repair and remodeling, and garden store in an easily ccessible location to meet growing population and market demand. The store is intended to be centrally located in the ortland area, resulting in its location in the Tigard Triangle. Project Description: he Eagle Hardware and Garden project is proposed for construction on a 14.2 acre-site located in Tigard near Highway 217 nd 72nd Avenue. The store will be approximately 125,000 square feet of retail, storage and office space. The site layout was esigned to provide the required customer and employee parking and to meet all of Tigard's open space and pedestrian access requirements. The project has been sited and designed to meet City of Tigard land use and zoning requirements, in articular, Tigard Triangle design standards which were adopted to meet Metro's 2040 Plan requirements. The site was formerly e location of the Phil Lewis elementary school, and is an in-fill urban redevelopment project. Several other projects have F cently been approved for construction directly adjacent and In the vicinity of the proposed project. of the property is upland, planted to lawn. The project as proposed will fill 0.81 acres of ash wetland. How many project drawing sheets are included with this application? 5 A complete application must include drawings and a location map submitted on separate 8 1 /2 x 1 1 sheets. PROJECT IMPACTS AND ALTERNATIVES Describe alternative sites and project designs that were considered to avoid impacts to the waterway or wetland. A detailed analysis of alternative locations and site designs will be provided. Describe what measures you will use (before and after construction) to minimize impacts to the waterway or wetland. 1. The existing tributary to Red Rock Creek will be pumped to bypass the site while the culvert is being placed, then diverted Into the pipe during excavation and filling in adjacent wetlands. This will minimize turbidity entering Red Rock Creek and downstream locations. 2. An erosion control plan, including the use of silt fences and graveled construction access for erosion control, has been prepared and will be implemented by the contractor. Disturbed areas will be immediately stabilized after construction. 3. Wetland mitigation in excess of the required 3:1 enhancement ratio will be provided within the Fanno Creek watershed. The mitigation will establish forested and shrub-scrub wetland habitat in a 3.1 acre area within the floodplain of Fanno Creek, as shown on the attached drawings. The mitigation is intended to provide a more diverse habitat structure and shading of Fanno Creek. 4. Storm water will be treated on site with in-series compost filters, with no increase in flow rate as a result of the project. NOTE: If necessary, use additional sheets. 6. MISCELLANEOUS INFORMATION i Adjoining Property Owners and Their Addresses and Phone Numbers See Attachment A ' 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/ ' City of Tigard Site Development SDR 98-0008 11 /12/98 City of Tigard Planned Devel PDR 98-0007 11/12/98 City of Tigard Sensitive Lands SLR 98-0012 11/12/98 Denial CITY / COUNTY PLANNING DEPARTMENT AFFIDAVIT (to be completed by local planning official) ❑ This project is not regulated by the local comprehensive plan and zoning ordinance. ® This project has been reviewed and is consistent with the local comprehensive plan and zoning ordinance. ❑ This project has been reviewed and is not consistent with the local comprehensive plan and zoning ordinance E3 Conditional Use Approval Development Permit El Plan Amendment El Zone Change An application E] has E] has not been made for local approvals checked above. Signature (of local planning official) Title City/County Date 8 COASTAL ZONE CERTIFICATION If the proposed activity described in your permit application is within the Oregon coastal zone, the following certification s required before your application can be processed. A public notice will be issued with the certification statement which will e forwarded to the Oregon Deportment 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 t E, Salem, Oregon 97310 or call 503-373-0050. CERTIFICATION STATEMENT I certify that, to the best of my knowledge and belief, the proposed activity described in this application complies with he approved Oregon Coastal Zone Management Program and will be completed in a manner consistent with the program. N/A Print/Type Name (coapplicant) Title Applicant Signature Date 9 SIGNATURE FOR JOINT APPLICATION pplication is hereby made for the activities described herein.. I certify that I am familiar with the information contained in the pplication, and to the best of my knowledge and belief, this information is true, complete, and accurate. I further certify that 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 jobtaining the permits requested before commencing the project. I understand that local permits may be required before the ate removal-f'" permit is issued. I understand that payment of the required state processing fee does not guarantee permit issuance. EAGLE HARDWARE & GARDEN, INC. Consistency of this project with the local planning ordinance cannot be determined until the following local approval(s) are obtained: ❑ ❑ ❑ Other Pete W. .al 1 i na Print/Typ me (coapplicant) A,,;:(plicant Signature (coapplicont) DANA- SrE6Fj2iC-hI Print/Type Name (coapplicont) !may` "al~ ~L -r Applicant Signature4 (coapplicant) Store Development Proiect Coordinator Title February 1, 1999 Date i2CC u ~~r~ jzY ~9~-irzs s ~ ~ c r ~ /s T Title 2Ac Date ' ULi vat on 11:01 UJUJ 00V 1 .,a +avnaW WJvv1., vvl. FEB, G. 1999 4=46PM DR *IWS PDX UP ~ NO, 290 P. 4-19 n!~l!r•ir.. 7. Qtr/courMPLwmINGDEPAOMEWAFROAVJT J~REC>`IYEL (to be completed by local planning official) 1~7y FcS ~ ~ . 9: ❑ This project is not regulated by the local comprehensive plan and zoning ordinance q This project has been reviewed and Is consiiftnt with the local comprehensive plan and Zoning ordnance. ❑ This project has been reviewed and is not consistent with the local comprehensive plan and zoning ordinance ❑ Consistency of mis project with the local planning ordinance camot be determined until the following local approvai(s) are obtained: ❑ Conditional Use Approval ❑ Development Permit ❑ Plan Amendment ❑ Zone Change ❑ Other ❑ has has not been made for local approvals checked above. 4 e~?4 10~,r -77~" 91 Signature (of~ 1 plonn o cioq \ Title ' Oty/County Date $ C &SiglZONECMUICAWN If the proposed activity described In your peen*opplication Is wtthin the Oregon coastal zone. the following cerfiflcatlon is required before your application can be processed. A public no?Iee wIN 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 503-973-00.50. COMFiCAPON SiatEMEW I certify that to the best of my knowledge and belief. the proposed cc" described in this application complies with J he approved Oregon Coastal Zone Management Program and will be completed in a manner consistent with the program, N/A Prlnt/Type Name (cooppucant) Title Applicant Signature Date SiGNANRE FOR JOINT APPUCA ION Apprication is hereby made for the octlvifles 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 octivtties. I understand that the granting of other permits by local, county, state, or federal agencies goes not release me from the requirement of obtaining the permits requested before convnencing the project, I understand that local permits may be required before the state re=vol-f" permit is issued. I understand that payment of the required state processing fee does not guarantee permit lissmance. EAGLE HARWARE & GARDEN, u4c. Peter V. Gall inr Prtnt(ry me (coappficanl) 1 _ plicont Signature (coapplicont) Print/Type Name Applicant Signature Store Devel.onment Protect Coordinator Titre February 1, 1999 Date - (coapplicont) Title (coapplicont) Date , SUPPLEMENTAL WETLAND IMPACT INFORMATION' (FOR WETLAND FILLS ONLY) Site Conditions of Impact area Impact area is ❑ Ocean ❑ Estuary ❑ River ❑ Lake ® Stream ® Freshwater Wetland Note: Estuarian Resource Replacement is required by state law for project 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? ® Yes ❑ No If yes, by whom? David Evans and Associates submitted to the Corps and DSL on January 18, 1999. 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) The Eagle Hardware property is 14.2 acres, almost entirely upland which has been planted to lawn. It has been the site Phil Lewis Elementary School, which is now closed. The site is surrounded by Highway 217, 72"d Avenue, and residential and commercial uses. Permitted projects adjacent to or near the proposed development include Candlewood Motel and Tri-County Plaza. A tributary to Red Rock creek (a small year round stream) flows through the property. This creek is culverted under 72' Avenue as it enters the site and the culvert continues under the existing parking lot on site for about 150 feet. The creek is again culverted, this time under Highway 217, as it leaves the site. Therefore, it likely does not provide fish habitat. Wetlands adjacent to the stream are dominated by ash trees, with the understory becoming predominately blackberry. Adjacent land uses, including streets, highways and urban development, serve to isolate the wetland to a large extent from other natural areas and provide continual noise and visual disturbance. The total amount of wetland on the property is 0.81 acres. Because of the small size and isolated condition of this wetland, it is not ideal or high value for many wildlife species. However, it does provide some hydrologic control and water quality function. Resource Replacement Mitigation Describe measures to be taken to replace unavoidably impacted wetland resources Mitigation will consist of enhancing 3.1 acres of reed canary grass wetlands adjacent to Fanno Creek. The mitigation is consistent with the Fanno Creek Watershed Management plan, developed by Unified Sewerage ' Agency. The goals of the mitigation plan will to provide benefits identified in the Fanno Creek Plan, including providing shade for the creek and additional vegetative structure in this stretch of Fanno Creek. The site will be planted with shrubs and trees identified on the mitigation conceptual drawings to create ash forest and willow wetlands. The detailed conceptual mitigation plan is attached. Because this information is not necessary for a complete application, you may submit this sheet and other environmental information after submitting your application. 1 1 i i 1 1 1 i 1 1 i 1 1 i 1 1 1 ATTACHMENT A EAGLE HARDWARE AND GARDEN - TIGARD STORE PERMIT APPLICATION BLOCK.6 LIST OF ADJACENT PROPERTY OWNERS City of Tiqard ODOT Region I Snyder Langston Real Estate Services Blondie's Investment Llc Leben Tsune 113125 SW Hall Blvd Tigard, OR 1123 NW Flanders St Portland, OR 17962 Cowan Irvine, CA 1500 Ostman Rd West Linn, OR 17410 SW Beveland J Tigard, OR 9 197223 197209 92614 97068 97223 1 ReG, aO ,•v r ~ ~ ST sae t ''L ~ ti 54 MITIGATION LOCATIO - ° , • ; - ! Hwy 217 ' ' ? L 3 y" 4a 3i 54 7.1 s. ,g. ; 3 - / , ~8 7.25 4 Seh .~c~ s PROJECT LOCATION 5430 . R - oni 25' Q S ;1 e N a 5029 - Xr~,~ • • ~ ,'s- ~ ~T , o p ~ ~ zoo • '1~ 2 111 9g - \ a s-'~ , r: 11 •3 ~e +F!' - r i~" ~ n. ~•b ~ Jam,. `h' O J ) ~J ors •.~,u• b' ,fir r~ igard / 11 E-dl 1 Srale = 1:24,000 DAVID EVA\S ANU ASSOCIATES,® Sheets EAGLE RARDNVARE ANTD GARDEN Vici 1 of nity Map ' -nGARD :OREGON 1 Eti~i j`` p' ~i li!h;!~I!i(I"I!ill!i 1!(~ ' p II . -ae-■~ tl w 'hI i,ilir ~ ~r.;!h; !:na•. 1 14 4 -.r- -•r-r.•r ~XSE i " Ad € .A ' " :~Ijll~ijl:l.. : t l ~~,~,,JJ Ij! 11 ' • ~ ~ / F ~„y ! ~pl ~!I!I`:'N<• i ~!!I!I I a 't. t!!.: Iii!!I !4 E ! M 41 "li ~'IIII "141!ih= ~1~1,1 ' i!lik+. !i ifl i ?ji `',.!:.:rr! r4•I ~i1 ~ ~ E Cp ~ f .„i'!ir,l i;i ;d i! „ ~ I!4! 4!; I'I, ~ .a:!iltl i (jhj(! !I ~~!,:l:iiii7:i!'!;E .'1 ':tlI1NA!NI` !4!I'.' I!.1!.!. S' I ' Li!iu!i'"•;i ~!;i! ~ y!i;! . CC + . 1+' ~ • ,!((LL•i 4 i;!m~,;L,;u,gl ; `!M1{!{'I 1I1999!:; F ~J i ; ( :'Irc,p ,91;.:1111'L :;IIUI I iIII it 1. 1 pl!li uh:,lrliphi!! i i p~ i!~ ut j ~'i.Cij!;,!>•'., ! .N.:.: ,i;.!I. ! I ! 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I l~ ~ f ' jl!!~i!i ~ r' 1~' +Y' • iti~ti~!1 :i:: _ •1 : H' ! 1 . ilffli .~-O • ;!^il t!Il.:jljy. • • 'I 1`!'~j!'~, Il~ilili liI 1i lijrip -,o!„n.,. -!~I~(Ii ; ~I :'pa::. 1t i,ttl, , fh?t!!?I!'s! !I!!!I! ? !!?i?i°r' l'i'41h:. i~l 11111'11flii;'IG RIIII I I, i,! I.I I IIII ~ ~~iillll 1111.!IL~;~,I I!li.+(III i : . C . ' . • . I I i I E • rT~ `t1111F1~ f!! vl1!.'~`(,I'jljl ` Will • ' ,5 . 1 a + i . ! . ' ~ I II !!1:I. t 3•a1 ,::~1ij~lil~Il!• I!1111~1.1.61:I,y11 ,~jl!I!L!I. ~V J '1 71X. LL i "~u! w~;~~4:~. 'fit I 41. , • •f~•r~•• •'tit i~l. '1('. li~'Ij i• of A' 4 v1%r.7:.,ir ~u 1 All / a ~ I. I t l I I 1 V na uw npUM gr I ern ~ 6 ...m I I ~ C n oeraorwrr rts ru►I 1 I r- I I DwtD EVANS EAGLE MARDVYARE AND GARDEN m• I I AND ~ssocurls, Q:L+~98 TIGARD, OREGON ■s■s e.w. conaerr .vcr•oc . i---• 1 •el!»•• ro■n+°o. oa nsw•r w rota &;,%SB 6-140 6"I'd PeoFiL.E, 210.00 ~y1:. WE*AND I Sc+1_E II IMPACT L-L 1: Zp' V6,ct. 200.0( 1'-- 160, NO2z. 1 190.0 ICi11T. GeitO FILE DATUM ELEV I 180.00 0.00 100.00 200.00 300.00 CROUP SITE SECTION A i 400.00 500.00. 600.00 700.00 800.00 900.00 A G 205.0!7 R Portissd FrNrsM Oe PrbF/~F SUUE. ND =loo' Naez. &Kt fit.,Wt Puuu} DATUM ELEV 175.00 0.00 100.00 200.00 300.00 400.00 500.00 600.00 700.00 800.00 ' GROAT S1TC SECTION B WETLAND IMPACT o1o1Es F.prS/r GRADE PRnFrLE \ 215.00 SCGAL£: • I I I I 1/f i 205.0( /'_/OOr IIORZ. ~ I ~ I I I~ I I I I 195.0 /I twit 6~t ~toc'« J • • DATUA! ELEV 185.00 0.00 GROUP SITE 100.00 200.00 300.00 400.00 500.00 600.00 700.00 800.00 900.00 SECTION C o A ! . i i _ MITIGATION PLAN (REVISED) Eagle Hardware and Garden Tigard Store Submitted to: District Engineer ATTN: CENPP-PE-RP P.O. Box 2946 Portland, OR 97208-7730 Prepared for: State of Oregon Division of State Lands 775 Summer Street NE . Salem, OR 97310 Eagle Hardware and Garden 981 Powell Avenue SW Renton, WA 98055 November 12. 1999 DAVID EVANS AND ASSOCIATES, ~t~?, . 1 • • 1 TABLE OF CONTENTS MITIGATION PLAN ..............................................................................................................................I i, MITIGATION SITE AND MITIGATION PLAN GOALS .......................................................................................................................1 ` COMPENSATORY MITIGATION DESIGN ASSUMPTIONS ' LOSSES AND GAINS IN WETLAND FUNCTIONS .............................................................................................................................2 ADVERSE IMPACTS FROM ADJACENT ACTIVITIES .............3 REFERENCE WETLAND CHARACTERIZATION ...............................................................................................................................3 i MITIGATION DESIGN DETAILS .......................................................................................................3 ' CONCEPTUAL MITIGATION PLAN ................................................................................................................................................3 J TREES ..........................................................................................................................................................................................4 • TREES ..........................................................................................................................................................................................5 IMPLEMENTATION METHODS SCHEDULE ...................................................................................................................................................................................5 MONITORING PLAN .............................................................................................................................6 MITIGATION GOALS AND PERFORMANCE STANDARDS ................................................................................................................6 FANNO CREEK MITIGATION SITE ..........................6 1 Water Regime ..........................6 Objective 6 Performance Standard ..........................6 Monitoring Vegetative Structure ..........................6 ..........................6 Objective 6 Performance Standard ..........................7 Monitoring GREENWAY PARK MITIGATION SITE ..........................7 ..........................7 ` Vegetative Structure 7 Objective Performance Standard 7 ..........................7 Monitoring 7 CONTINGENCY PLAN ..........................7 LONG TERM PROTECTION OF THE MITIGATION SITE ...................................................................................................................8 r 1 MITIGATION PLAN Mitigation Site and Mitigation Plan Goals The proposed conceptual mitigation plan to offset expected wetland impacts associated with the Eagle Hardware and Garden (Eagle) Tigard store has been developed in accordance with the Oregon Freshwater Compensatory Mitigation Rules for Non-Minor projects (see OAR 141-85- 155). Refer to sheet 1 for a location map of the project and mitigation sites. The detailed project site plan is located on sheet 2, with site cross sections reflecting wetland impacts on sheet 3. The mitigation plan view, typical section drawings, and planting details are included in the application form and shown on sheets 4 and 5. 1 The proposed conceptual mitigation plan will compensate for project impacts from store development. -The development site is 14.2 acres, and the development will impact the existing 0.81 acres of emergent (PEM) and ash forest wetland (POF) and approximately 500 feet of a small perennial stream. The trees will be removed, the wetland filled, and stream culverted in order to complete this project. The wetland is adjacent to an unnamed first order tributary of Red Rock Creek, a tributary of Fanno Creek. The mitigation site is within the Fanno Creek 100-year floodplain, on property owned by the Tigard-Tualatin School District. Fanno Creek at the mitigation site has vertical banks with no shrub or tree cover. The northern portion of the mitigation site is dominated by reed canarygrass. The site currently provides flood storage and some water quality benefit, but provides little habitat diversity or structure. To provide open channel, mitigation will also be provided at Greenway Park, owned by Tualatin Hills Parks and Recreation District. The primary mitigation goal is to provide early growth shrub and forest habitat that will succeed to a condition similar to adjacent mixed ash and willow communities. Secondary goals include: providing shade and structural diversity along the vertical, unvegetated banks of Fanno Creek, increased flood storage and water quality benefits, and increased amphibian and aquatic habitat. Mitigation at Greenway Park is intended to respond to concerns expressed by the Division of State Lands and Oregon Department of Fish and Wildlife concerning lost stream corridor. The ' goal of this component of the mitigation plan is to provide additional open channel in this basin by removing culverts. Compensatory Mitigation Design Assumptions 1. The mitigation site is in the floodplain of Fanno Creek. Therefore mitigation design assumes that appropriate hydrology exists on site to sustain conditions favorable for growth of the mitigation plantings. 2. Spraying for reed canarygrass removal will assist in establishment of herb and shrub strata. 3. Excavation for reed canarygrass removal at the oxbow/overflow channel will create additional depressions for flood storage and amphibian and aquatic habitat. It will be graded in a manner to prevent stranding of fish. Permit Application - Attachment I November 12, 1999 f 0 1 Losses and Gains in Wetland Functions The proposed project is expected to result in the loss of 0.81 acres of emergent and forested wetland. The wetland currently provides less than optimal wildlife habitat due to its location within a rapidly developing and re-developing area. The development site is bounded by Highway 217 and 72"d Avenue, and is adjacent or very near to two newly approved commercial rj developments. The creek at the development site is separated from other waterways by extensive culverting both upstream and downstream of the development. The Oregon Freshwater Wetland Assessment Methodology identifies these factors as limiting the value of 1 wetlands for wildlife. The existing commercial, residential, and transportation land uses, and the approved developments on adjacent lands will increase the fragmentation and isolation of resources at the development site by interrupting the continuity of undeveloped land between the development site and suburban yards to the north. The future commercial developments will also dramatically reduce the areal coverage of the remaining adjacent wetlands and forest canopy, again further isolating and lower the resource values at the development site. The site also provides limited water quality and flood retention benefits due to its small size. Mitigation is proposed at two locations: Fanno Creek and Greenway Park. The Fanno Creek mitigation site is located away from a major freeway and commercial developments and is connected to a large undeveloped area of the Fanno Creek floodplain. However, the Fanno Creek Watershed Management Plan (USA, 1997) (the "Plan") identifies this site as being in poor overall condition. The banks of Fanno Creek in this reach, including the mitigation site, currently have 0 to 25% shade, 0 to 25% native plants and low habitat value. The Plan identifies a particular need for shade and vegetative structure in this reach. While the Plan does not identify this reach as having a high erosion rate, the creek banks are vertical and some erosion, with associated sediment loading, appears to be occurring. The Fanno Creek mitigation plan will establish native vegetation that will overhang the banks of the creek for approximately 400 feet and provide native forest vegetation for three adjacent acres. This will increase shading of the bank, help decrease stream temperatures, increase vegetative structure, and provide bank stabilization. At a 3.8:1 ratio of mitigation to filled wetlands, this mitigation plan will fully compensate for the loss of vegetation at the development site. The vegetation will also provide habitat for terrestrial stage insects, an important food source for fish. The existing mixed emergent/ash forest at the mitigation site is approximately four acres in size. Removal of the approximately four acres (3.1 acres by Eagle, and 0.9 acre by the City of l Tigard) of reed canarygrass and revegetating as proposed will substantially increase the size of the ash forest wetland. As tree and shrub species grow, the mitigation site is expected to provide habitat function for a larger variety of aquatic and amphibian species than those in the ' development site because of the site's proximity to a large undeveloped area. I Permit Application - Attachment 2 November 12, 1999 0 0 Grading activities will involve contouring the land to create oxbows and depressions that pond water for a significant part of the growing season. This will increase flood storage capacity and associated water quality benefits at the site. The Fanno Creek mitigation plan is consistent with and furthers the explicit goals of the Fanno Creek Watershed Management Plan. The mitigation will fully compensate for the losses expected at the development site because it will enhance vegetative structure, shade, floodplain storage, and water quality benefits at the Fanno Creek mitigation site. At Greenway Park, approximately 100 feet of culvert will be removed from a small channel (or new channel created) and 200 linear feet of the channel and the banks of several ponds will be revegetated with native shrubs and trees (Greenway Park Mitigation Site sheet 1 of 1). The Greenway Park mitigation plan is intended to respond to express agency concerns about lost open stream channel and is consistent with long term goals to reestablish lost fish passage in the basin. Adverse Impacts from Adjacent Activities The area adjacent to both of the mitigation sites is under public ownership. The area adjacent to the Fanno Creek site includes a forested wetland area, proposed mitigation for a public trail project, and some upland. This site is not under development pressure. There are no immediate plans for development and adverse impacts to the mitigation site are not anticipated. Therefore, the mitigation goals are expected to be attained and full maturity of and benefits from the vegetation planted under the mitigation plan realized. Reference Wetland Characterization Intact portions of the wetland to the south of the Fanno Creek mitigation site will serve as the reference site. The reference area is adjacent to the proposed mitigation site and dominated with ash forested wetlands (PFO), and willow/shrub (PSS) wetlands. Mitigation proposed as part of the City of Tigard Trail will extend the ash forest and willow/shrub communities on their northern limits. The two mitigation efforts shall be coordinated with representatives of the Tigard-Tualatin School District. The dominant vegetation is Oregon ash. The shrub stratum ' within the canopy of the ash is lacking except on the edges. The herb strata is composed of slough sedge, meadow foxtail and reed canarygrass. The edges are vegetated with reed canarygrass, or a combination of Nootka rose, horsetail, and Himalayan blackberry. Oxbow depressions were evident in the interior of the Oregon ash forest. These are either inundated or vegetated with reed canary grass. MITIGATION DESIGN DETAILS Conceptual Mitigation Plan The proposed mitigation design will enhance the existing reed canary grass wetlands by establishing ash forest (PFO), willow shrub (PSS,) and mixed emergent (PEM) communities. Storm events that overbank Fanno Creek, precipitation, and upland seeps provide the wetland Permit Application - Attachment 3 November 12, 1999 1 f 1 t hydrology to the mitigation site. Approximately 3.1 acres of enhancement are planned, a ratio of 3.8:1. This ratio exceeds the Division of State Lands mitigation ratio requirements. The City of Tigard Trail mitigation will be located between the existing reference site and Eagle's proposed mitigation. Both projects will realize a benefit from proximity to each other by creation of a large contiguous area and extensive removal of reed canary grass in the immediate vicinity. Reed canarygrass will be removed from the Fanno Creek mitigation site by spraying with approved herbicides. Plantings of wetland tree and shrub species have been designed to replicate the emergent and forested communities found in the reference site ash and willow forests. Additional shrub and herb strata species typical for floodplains within the Fanno Creek watershed will be planted. The newly created mitigation area will be adequately buffered by existing natural areas, adjacent mitigation, and uplands in public ownership. Final grades in the excavation/removal area will be left undulating to provide oxbow depressions and hummocks. The undulating landscape will provide a diversity of habitat types and cultural conditions for plant species within the flood plain. Oxbow creation will provide additional habitat and increase flood storage capacity. Additional water control structures will not be required for hydrologic alteration. Plantings along the unvegetated riparian corridor of Fanno Creek will increase bank stability, provide shading and cover, and increase channel roughness. Planting densities and species composition will emulate a community that will succeed to the desired reference wetland community. Plant quantities are based upon 200 trees per acre, 300 shrubs per acre. Emergent species are based upon an 18" on center spacing for 20% of the overall acreage. Refer to sheets 4 and 5 of 5 for mitigation details, cross sections, and planting schedule. 9 • Table 1 Proposed Plant Species - School District Species Name Common Name Wetland Indicator Status Trees Fraxinus latifolia Salix lasiandra Shrubs Cornus sericea Lonicera involucrata Physocarpus capitatus Rosa nutkana Herbs Carex obnupta Carex stipata Glyceria elata Scripus microcarpus Live Stakes Cornus sericea Permit Application - Attachment I Oregon ash Pacific willow I Red-osier dogwood Twinberry I Pacific ninebark Nootka rose I Slough sedge Saw-beak sedge Tall manna grass Small-fruited bulrush I Red-osier dogwood FACW FACW+ i I FACW I FAC+ FACW- FAC OBL I FACW+ FACW+ OBL I FACW November 12, 1999 At GreenwaY Park, approximately 100 feet of culvert will be removed (or new channel established) to restore a small channel. The banks of the channel and several ponds will be live- staked with red-osier dogwood, willow species and cottonwood. Native trees and shrubs will be planted in a buffer approximately 25 feet wide around the channel and ponds. Table 2 Proposed Plant Species - THPRD Greenway Park Species Name Common Name Wetland Indicator Status Trees Fraxinus latifolia Oregon ash FACW Salix lasiandra Pacific willow FACW+ Live Stakes Cornus sericea Red-osier dogwood FACW Populus balsamifera Black cottonwood FAC Salix species Willow species FACW-OBL f Implementation Methods Five tasks have been identified that are necessary to fully implement the proposed mitigation plan: (1) a pre-construction meeting, (2) excavation, (3) inspection of final grades, (4) planting i' and live stake installation, and (5) a post-construction meeting. A pre-construction meeting would be held on site with inspectors, the construction contractor, a wetland ecologist, and a wetland designer to review the site conditions and mitigation plan. This meeting ensures that all I~ parties understand the intent of the plan and that all specified materials are used and conditions met. Construction notes on protection of site water quality and erosion control will be supplied to the contractor. All specified plant material would be hand-planted. A post-construction review of the completed work would be conducted to verify that the plan was properly implemented. Because plant locations and water regimes are critically interrelated in wetland mitigation projects, and because construction plans are commonly adjusted on-site, a wetland ecologist, or other qualified natural resource personnel, would assist with proper implementation of the plan. Functioning as a construction observer, the wetland ecologist, or other personnel with wetland mitigation experience, would be responsible for notifying Eagle whether the intent and specifications of the plan have been met. The ecologist will also make modifications to the site plan based on unforeseen site conditions. If specific plant materials were not available, the ecologist would authorize planting substitutions. The wetland ecologist would work with the construction contractor in providing assistance and guidance to ensure plan specifications are met. I Schedule Mitigation will be constructed during the summer of 2000 season to facilitate excavation. Planting will occur during the fall of 2000 to promote plant survival. Permit Application - Attachment 5 November 12, 1999 MONITORING PLAN A post-construction report documenting "as-built" conditions of the mitigation project will be submitted to DSL and the Corps of Engineers within 60 days of the completion of grading activities. To ensure successful completion and viability of the new wetland area, inspections will be conducted at least two times during the first two years, and annually thereafter. A report will be prepared annually by a biologist and submitted to DSL and the Corps of Engineers. This program will monitor vegetation and wildlife usage for five years. Permanent photo points will be established to provide further documentation of the changes in wetland vegetation over time. ' Mitigation Goals and Performance Standards Specific mitigation performance standards are established to objectively evaluate and determine whether the mitigation project has been successful, and to provide reasonable criteria which can assist the project ecologist, designer, and agency personnel to determine if remedial action is needed. Fanno Creek Mitigation Site Water Regime Objective f To maintain the current frequency of inundation of the Fanno Creek floodplain and create 0.5 acres of oxbow depressions which will be inundated and/or saturated through June in a normal rainfall year. Performance Standard Inundated and/or saturated soil in oxbow depressions will be maintained through June. Saturated soils will be present within 12 inches of the soil surface from November 1 through June 30 in a normal rainfall year. Monitoring Saturated soils will be measured at three permanent sampling locations and documented photographically. Refer to sheet 4 of 5 for monitoring points. Vegetative Structure Objective ' To enhance 3.1 acres of reed canary grass wetland by establishing ash forest (PFO) and willow/shrub (PSS) wetlands. Planting densities and species composition will emulate an early growth community that will succeed to the desired reference wetland community. Plant quantities are based upon 200 trees and 300 shrubs per acre, with a 20% mortality rate. Emergent species are based upon an 18" on center spacing for 20% of the overall acreage, or ' 10,930 plants. Permit Application - Attachment 6 November 12, 1999 Performance Standard e The enhanced 3.1 acres of ash forest (PFO) and willow/shrub (PSS) wetlands will be comprised of approximately 160 trees and 240 shrubs per acre, and 8,744 total mixed emergent species. ' Monitoring Monitoring will be accomplished with the establishment of three 30-feet-by-30-feet quadrats in ' the mitigation area. Stem density will be established at each plot and all planted species will be monitored for survival. Recruited desirable species will be counted with planted species to determine overall density. ' The reference wetland will be examined during each monitoring period for areal coverage of reed canary grass. Two photographic reference points will be established in the reference wetland. The photographic record will record changes over time within the reference wetland. Greenway Park Mitigation Site Vegetative Structure Objective To establish native shrub vegetation along approximately 200 feet of channel and ponds at Greenway Park. Plant quantities are based upon 200 trees and 300 shrubs per acre, with a 20% mortality rate. Performance Standard The riparian area plantings (25 feet on either side of the channel and ponds) will be comprised ' of approximately 160 trees and 240 shrubs per acre. Monitoring t Monitoring will be accomplished with the establishment of three 30-feet-by-30-feet quadrats in the mitigation area. Stem density will be established at each plot and all planted species will be monitored for survival. Recruited desirable species will be counted with planted species to determine overall density. ' Contingency Plan Should the desired mitigation goals not be achieved, a determination by DSL and the Corps should be made to implement the contingency plan. Contingency plan for less than 80% ' survival will provide for replacing plants that have not survived, and for further excavation and/or spraying if required to remove reed canary grass. An assessment of the cause of plant mortality would be made by the monitoring biologist, and a recommendation made for species composition changes or other mutually agreeable correction measures. Permit Application - Attachment . . 7 November 12, 1999 1 i 1 0 • Long Term Protection of the Mitigation Site Within six months of permit issuance, Eagle and the Tigard-Tualatin School District will provide appropriate documentation to protect the created wetlands, consistent with OAR 141- 85-155 (14). Permit Application - Attachment 8 November 12, 1999 LIVE STAKES (TYPICAL) 5' O.C. BONTERA C2 OR APPROVED EQUIVALENT. 2 2 EXISTING PEM WETLAND (TYPICAL) t REMOVE EXISTING CULVERTS 5' AND CONSTRUCT OPEN CHANNEL. REFER TO CHANNEL SECTION THIS PAGE. EXISTING APARTMENT COMPLEX )POSED \ \NNEL SECTION _ 7 SCALE • PLUCULVERUPSTREAM ENO CONSTRUCT NEW CHANNEL. / PEM ~j SAL1X LASIANDRA (TYPICAL) + s ~uLE rwws w►aa. / aacw wsn maws suc. / .m-0srt, mcom roRaYi M13w.W / mlt0~ X000 saa uswau / ..orc .uo. x\ O PEM SHORTEN CHANNEL + 10' BETWEEN + • - - , ~ POND AND TRAI + + \ EXCAVATE APPROX. 50'L BY . ' • 25'W BY 2'0 FROM • . . CULVERT TO CREEK. _ SEED AND MULCH. PEM ~ J . ' EXISTING . CULVERTAND ROCK WEIR \ TO REMAIN. PEM EXISTING ` . / PLAY / AREA PROPOSED PRE-FAB. / BRIDGE OVER NEW / / CHANNEL REMOVE EXISTING TRAIL / EXISTING TRAIL. (TYPICAL) 0 30 60 120 POPULUS BALSAMIFERA (TYPICAL) ~ I ! vi I cort..u m 70 V -r or a r r-r V7• wwa » u.•-r " a r r-r .n' W 0 =v o = to to <o 3c Ic ao W J v W C , n llin <0 1.c >9 ~o ~d 0<. <z :1 0 < I y NOTES 1. NEW CHANNELS TO BE LIVESTAKED 5' O.C. EACH SIDE. 2. ALL CHANNELS TO BE SEEDED PRIOR TO FABRIC PLACEMENT. 3. ALL DISTURBED AREAS TO BE SEEDED AND MULCHED. 4. 105 LINEAR FEET OF NEW CHANNEL CREATED. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PROPOSED CHANNEL. PROVIDE CROSSING FOR PATHWAY TO EXISTING APARTMENT COMPLEX. .na I eow.rx rat ~ r.~ I a,.em I to 1 moec. oowen su-= / ND-am av oona.ea ' _ LDN"" "1i0 e ~d aoru.a I \ HffSOWlPIb CAW41uf / P~C+I1C MK&Ibt wna No ~ ut. ouArO \ IIOSA' wm" / "I" am ne ~ Sti c..WO ' oaruvu / sta+ar ttttc "m ryo e m a 511.0-&= wuc ~m uwa $70-AU / S.M-K" Stott I'D a Q, eno•am P" ww" MY / U" rww am= X110 6m. 5-0-ft m P" sewer / srKa~e+no, euw+w $10 ■ ai. r emetrac wu PROPOSED STREAMB NY,- LIVE STAKING (EAGLE 1 1 J W I W ~ N v AA i A ~ I uK r~ COr~YlS S[RKU / RLO as" O GW= sun IAfurortA / MCC W.WW : 9eYl K i iD e[- T~ YN VfOL RIO MIW 7f' d lei APPROXIMATE\ \ LOT LINES \ e1 3/4 -r OW r-r 1/r OAK e~ L•'-Y a r-r gyp' e.ra NOTE: PROPOSED OVERFLOW CHANNEL TO HAVE 5' BOTTOM WIDTH. 2:1(H.V.) SIDE SLOPES. AND DEPTH VARYING - FROM 1-2. CHANNEL TO BE LINED WTH C2 OR ``~nfOfV~\ AP ROVEDEEOUIVALENT. 6POSED WILLO ~FOREST - OF TIGAR -zzzz 'PROPOSED OREGON ASH I, FOREST (CITY OF TIGARD) :PROPOSED OREGON = -ASH FOREST (EAGLE = ^z Fk OF OVERFLOW CHANNEL ` GRADE TO DRAIN. UVESTAKE BOTH BANKS ` ^,'r----- ) ~5' D.G. 01 axU- * - T - ASH ING OREGON `-----FOREST - PROPOSED SHRUB ENHM -r ~ (CITY OF TICARD) PROPOSED TRAIL WETLAND DELINEATION (CITY ~r TI;ARD) (BY OTHERS) EXISTING WILLOW FOREST I \ Y WETLAND ENHANCEMENT LEGEND PROPOSED ENHANCEMENT (CITY OF TIGARD) ® EXISTING WETLAND TO REMAIN UNDISTURBED OREGON ASH FOREST (PROPOSED 2.63 ACRES. EAGLE) Q WILLOW FOREST (PROPOSED 0.19 ACRES. EAGLE) STREAMBANK/RIPARVW LIVE STAKING (PROPOSED 0.18 ACRES. EAGLE) WETLAND ENHANCEMENT TABULATION APPROXIMATE WETLAND AREA ' 7.6 ACRES XISTING WETLAND OREGON ASH k WILLOW FOREST COMMUNITIES) 3.6 ACRES I AREA SUITABLE FOR ENHANCEMENT 4.0 ACRES PROPOSED ENHANCEMENT (CITY OF TIGARD) 10.9 ACRES PROPOSED ENHANCEMENT (EAGLE) 13.1 ACRES BALANCE OF WETLAND AREA 0 ACRES NOTE: APPROXIMATE WETLAND AREA IS DEFINED BY FANNO CREEK ON THE EAST. SUMMER CREEK ON THE SOUTH. AND THE WETLAND DELINEATION LINE ON THE WEST AND NORTH 1 1 ~ . 1 t m z w O ~ a v _o W ~O 3cc CD aF W J a W mr~ r nU ` 8a W i L/ >o = O-c s 9; E • oRECaM ALI ~ oTEOOM un Doo.aoo ly{TwG TYPICAL SECTION FORESTED WETLAND qI 10 swE .9- o.•4 IRE DORYYII rtD~Rlwi), aI~ tA.a .14 .aIAIAID sA1c oa STA14 10 MIOTR4E A I.I`I.AI or m L4r .DO[S • W-C SL.L an f0. so lw Tall b1Cl .aTALrAt411 r•OTM tw TROY trlrtt.4, Warn STARE wos ro."o up ,-CS . vosr WAD<~ DocnoDo oNDr~ =M 41-~ TYPICAL. SECTION SCRUBISHRUB ROT to SCALL 1L..SS AAO =1 [,o- y w K- -o"w D W I4NI.4 OOOI CRO.M LL1R aOM roan rAlAar la TS to K SIRAGa ' RT .aT.WYO. A Rout LAKE EMOYDI 10 .Olo"".c SOIL Nrz4 UDIILI rAli w u-m m POD= .r RA1a.4 MOLL } 8 CU IN STYRO-BLOC PLUG 141 t0 TCALL r14t(cl Mar 'i ~)/s• -lmoo v,-,c 7/4• tom STAR[ CX1AaT[D I. K Y i .w K A- r1w RAs[ d IIIE[. sLR1 K M.S. REIO• r.nDn CMO[ K f.ASN GAO[ D0 PLANT PROTECTION .0ITo VAc ..y fL CRAM r.ASM or C rEATUTt K SK" E RACY.L tat rI.O. MIA p W IO sri1.4 flrta R OD O SHRUB PLANTING DETAIL J .Or To SC" 7 CAL m1oA.[1 010+1 SIOC. Tool C D- Y IM011 CIIW[ SE- / Mat YL1L1 S 1/T- 1al L. hLl CIAO[ t1K T. YRS. ~ _ 59/!O YIA d rl[.M[D f0l .14 ITIL.IODU ml•aSI cmd.crro ROOnaE DECIDUOUS 0 TREE PLANTING DETAIL 141 10 SCALE NOTES: 1. WCA" Au awma" WCALRKYIf NO aR omm"L L ftAWT00 KNW a rwY S(PfW0[1 13 ro &"1 1. 1 1.$ RA. 6 1.0 10004tl - r WE uAOSCAr'[ ATD.RCt. o.ltl IJ SA-0- TO owft wan K~INDl 06 RL d o-C& O Y rOST- IiKTaI~ rLAA T*4 RL t KrOW o6 bl[X L ROT" WOYJK ATD.IfCI u 1411 TrO.aTR.4 ws'WR w OD.ALMI. awl KlI1 IRE LcrN Or Atl (n61.4 Kura L OOrrSTluC1 OR YA.NN IV= o.11•AI(S) Af Rl U W .WITICtOM oo/aY c1GSW cm." OY4o.R< L RAW IYI[aK 9Y11 mlloal a Sar Ala uM0[ to OC 'tilt-YI foMUla rp .LaYlr S,w OIM(XI LmaK I. IO.SOL Too rL/An04 ARE" a W.O14..G14.4 rat Tom Two me sMRas. s-E s[ C E^ rctmE, rl A f. YYIALt TK Of I CMYYCaK -A ADRIyRE d aaSOl YARIML, rROY A 111E oTA.o MADE D«R1CTORET.3 d IDAYS Aw.AaE a TK 1641, REAf01uDE !RE[ /ICY DAR, N.I.S. COARE[ fA14L STORES. RAMIE /Oots A14 Oll[l raft" WPL" L ftWI WATV L a w RE GROW Rloal ISO Y Of IRE PR"O WD rREI[RAa1 rr4rO Tlo rROY SEED RUNG TO K .(41[11[ WE" R Tll -W 11.( RQII rl0rrt,,Iro rROY MD Mo. -IM w ORECOR A •Aaawom REST or Da CAWAK 14 mama. E.an AS Arrlw.[a 1. WOSCX[ CW11C101 awl 0o14tE rRW05W rLNa.4 AREAS AlD -K LANDSCA.r AROOW r.UL•, saw rtLO ADAMWEIR IIA1 K REDS- TO NET= Acid WD4. ID ra1NLEa `AMTS TO Y ..Ka+TO1 -YET" a a, 11. -QscA c cowtwTot t0 . = RAws" FOR ow 1t/A MU .aw4TaK " CA AW EE TREES AND aAas AnElk r w. AOR/DIQ FOR 01.41" d ri0 TEARS. RAMI WIEaK SMNL RC a MO a WarIC104'I I(KM 1a wiwli I(L~KILICl1tKr1 (a Ord[ +w Id+TUI IRE«s o. IS. rl, O Ko Ko TS, w -a AKA of RETLAAO SKCR3 M USE aRECLLAK c1 m- spA o . mcEs '•ED IKUr4Ei TOSS A14 S-m to K RMOE1 .S S4 OR ROLL 91 r[nuE[ TREES AA4 amens .IM *IC ' 71-DINT 110- 39-10-2 AS -K/IGDACO Dr AG foa,, -Ca Qw D<YCILS. W-AK 04100- s tAKEIS KR a.1q, s EADER KR TKL IA. K[ IA,,,O Co~ L.OER DUES. Sft%S. " C OR OTK1 Y.c. -.MEo N L av-w ^,%>aw. 13 w[ or SLED.4 Ya K "AREO Y OKb W OD O"toT wf 0-. (0 A W4YM[ A Tta. ! AOOaM - YULOI 3000 Il./AL Rooo TIRE. A.A01 o81 YI S.1./K /D11W.YU wco. E 1 to1Y O fd1UTr1 Ar.l(p K REm1.1[14" ro n YWlAaCIuK LKR IL REEE[D AREAS X16 M To POPA E 1.rOR11 0`113 CPKR CL Yak ALL wr[c1ID AREAf ARE AOLSKMtEwofIM4Y[ ATD.ap A14 pR.[R. ETOSDM C YLA9IRES SIIILl MOI Kt KY01N1O ADZ air s WCTECI L1CCIATE0. A WAS- 5 awl RC TprCO -0 KSEMO nS WIDE" on EMD to . m- ran GL[. TQTA{SA lm L.N 5C E STAKE INSTALLATION Mal -SEAL[ 1 0 • APPENDIX B DOCUMENTATION OF OWNERSHIP AND EASEMENT AGREEMENT 1 1 1 1 ' Land Use Application June 9, 2000 Lowe's Home Improvement Warehouse, Inc. FROM :FIRST RMERICRN TITLE • 20000-07 12:-40 #611 P.02/07 5.t AMEBIC First American Title Insurance Company of Oregon Prepared For: Ler CoOwner W u e Address Wail Address Telephone Transferred ocument # Pale Price Deed Type Owned Prepared By: JOEL WASMANN Clutomcr Service beparw+P*+t 1700 SW Fourth Avenue - Portland, Oregon 97201-5512 Phone: (503) 222.3651 Fax: (503) 790-7872 OWNERSI3UJ? T.NFORMATION School District 23J Aef Parcel Number T. 013 R: 01W *No Site Address* Parcel Number 13137 SW Pacific Hwy Tigard Or 97223 Map Number Owner 503-620-1620 Tenant Counry SALES AND LOAN MORMATION Loan Amounr 7450911 Lender Loan Type Interest Rate Vesting Type PROPERTY ]DESCRIPTION ~fap Page & Grid . IlZ.s : Tract: Block: Subdivision/Plat Neighborhood Cd : 4TIG and Use : 9204 Ins,Public School District Legal : ACRES 14.69, NON-ASSESSABLE 1S134DD 00900 S: 34 Q: 251 ;R0269765 wastungton (OR) ASSESSNIENT AND TAX INFORMATION Md:tLand :$110,180 A1ktStructccrs MkrOrher MktTotal -.$110,180 M50 Assd Total % Improved 99-00 Taxes ExemprAmount :$110,180 Exempt Type : Exempt Levy Code :02374 Millage Rate :14.0599 PROPERTY CHARACTERISTICS Bedrooms Lor Acres :14.69 Bathrooms Lot SgFt : 639,896 Hear Method Bsm Fin SgF1 Pool Bsm Unfcn SgFt Applfancas Dsm Low SgFr . Dishww•her gZdg SgFt Hood Fan I st Fir SgFt Deck Upper Fir SgF9 Garage Type Parch SgF1 Garage SF Arric SgFt Deck SgFr t rear Built EBYearBlt Floor Cover Foundation RonfShape Roof Marl InteriorMat Paving Mad Const Type Rct Finish This title information has been furnished, without charge, in conformance with the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this Service Is designed to benefit the ultimate Insureds. Indiscriminate use only benerrGng intermewanes will not be permitted. Said scrvicw may be discondnued. No liability ir. =sumod for any arrore in this report. Washington (OR) I FROM :FIRST RMERICRN TITLE • 20000-07 12:41 #611 P.04/07 4ST AMEgre "4. First American Title Insurance Company of Oregon 741 e~ Prcparcd For. Prepared By: JOEL WASMANN Customer Service Department 1700 SW Fourth. Avenue - Portland, Oregon 97201-5512 Phone: (503) 222-3651 Fax: (503) 790-7872 OWNERSHIP INFORMATION Owner : School District #234 Ref Parcel Number : 1 S134DD 01000 oowaer : Washington;Clackam T. 01S R: 01W S: 34 Q: 251 'te Address : *No Site Address* Parcel Number : R1108973 tail Address : 13137 SW Pacific Hwy Tigard Or 97223 k1ap Number Telephone : Owner. 503-620-1620 Tenanr. County : Washington (Olt) SALES AND LOAN INFORMATION ansferred Loan Amount icument # :80033695 Lender le Price -S50,000 Loan Tipe !ed Type Interest Rate Owned Vesting Type PROPERTY DESCRIPTION Lap Page & Grid . Census : Tract Block: ubdivwon/Plat eiglibor hood Cd : 4TIC Land Use : 9204 Ins,Public School District [Legal : ACRES 7.7 1, NON-ASSESSABLE ASSESSMENT AND TAX INFORMATION ARILand :$231,300 MktStructure Mki0ther A4ktTotal : $231,300 M50 Assd Total % Jmproved 99-00 Taxes Exempt Amount :$231,300 Exempt Type : Exempt Levy Code : 02374 Millage Rate :14.0599 PROPERTY CHARACTERISTICS Bedrooms Lot Acres :7.71 Bathrooms Lot Sglt : 335,847 Heat Method Bsm Fin SgFt Pool Bsm Unfin SgFt Appliances Bsm Low SgFt Dishwasher Bldg SgFt Hood Fan Ist Flr SgFr Deck Upper Flr SgFt Garage Type Porch SgFt Garage SF Attic SgFr i Deck SgF1 Washington (OR) Year Built EfJYearR. It Floor Cover Foundation Roof Shape Roof Matt lnreriorMat Paving Marl Const Type Ext Finish This Ode Information has been furnished, without charge, in conformance with the guidelines approved by the State of Oregon Insurance - Commissioner. The Insurance Division cautions Intenmedfaries that this service is desl©ned to bonefit the ultimate insureds. Indlscdminate use • . w. _ l- J.____1.-.._J .1. ~:1:-. .............J s..-..... r.... In X1.1.. -n..nh FROM :FIRGT RMERICRN TITLE 2000. 6-07 12•-40 #611 P.03/07 1 1 w 1 1 1 1 ;IT4L• - CTAPANY 10001 ]MOW ALL MW BY TV-SE MRSMITS, That JOHN A. GTAUSM 04 DIARY HARM GLAUKE, basband end wife, hereinafter called Grantor, for the consideration hereinafter stated to Creator paid by SCROM DT8i1t=Gi $Y9J MCM) washiegce* County. Oregon, hereinafter called grantee, does hereby grant, bazgain, sell and convey unto said Graatea, its successors and ass n9. that eertaio real . with the Cone- meats heaodieameaes a appuxeenancea ti►ereuoeo elan ors - pelrtalni0g. situated in the County of Washington sad scaace of Oregon, described as follows: The West one-half of the following described gemt ea: Commencing at a stake in the South line of the North half of the Johu L. Hieklia Donation 1 Vest. Willamette Meridian, inethe CountyofRWaah- ington and State of Oregon, 23.06-1/2 ahaias Baat from the Southwest corner of the said North half of the claim; running thence porch parallel with the West line of said claim 15.10-1/2 chaise to the center line of said Sarah half of claim; thefts Bast an said center line 6.62•thains; thence South parallel with the West line of aaid claim iS.07-1/2 chains to the South line of said North half of claim; thanes West on the South line 6.62 chains-to the place of beginning. 8119JBCr TO easements, conditions and restrictions of public record. 7 TO HAVE AND To HOLD the same unto e9Ld Granter and crcntae's successors and assigns torcver. And said Grantor hereby covenants co and with said Crentee, its successors and assigns, that Grantor is lawfully seised in fee simple of the above anted premises, free from all encumbrances, ¢xcc~LPT AS A9W6 S1'ATr, and that Grantor will warrant and forever defendant the above ggrranted premises and *u" part and parcel thereof against the lawful clime and demargs of all persons whomsoever, ex- cept those elallming under the above described encvmbrooees. The true and actual consideration paid for this transfer, stated in terms of dollars ie,$23,500.00. WITNESS graneore' hands this day of May, 1969. 1S6/1L~ STATE OF OUGON IJ county of Washington ; es• fs°7 1969. Personally appeased the within named JOHN A. GLAUZU and Kul HA&THA GLAD9$S sod acknowledged the foregoing instrument to be their voluntary act and decd.. H . Bums: , 1IIAt: ~ ' _ aoeary Public Eor Oss~gon 11 - My Comm. Expires: 2/7/72 cleg. I Used MIiIKI L FROM :FIRST AMERICAN TITLE 1 r 1 1 1 I 1 1 i 1 1 1 • - 2000-07 12:41 #611 P.05/07 I/ was r .-..f..flM a w. p.f. a.r+o .................,.y.... 1 1a r,-.'in;, !m Wmpon~rMatlmm" m. wm om r L : G 9 5 ;i 1a,ula lNIf81<AAQOid~SS,1Aal. J~ PAIEil30N ALL'AMJW KNOW Ue~A~p~p for dr~~ . , ....................mad ntrfo t~tanaee a Aal», .uas..cr. ma .ttd can.. Ilrla11 A ~ C~9r•• and &OWN ad of met artain tal " aping, with tfr rltt aaflW. 5, lnfdae 1 ' f.. 1h, 11111~11tf ~ ItAP11~"^a"a' ~aa AafonNa/ ar in aVwhr appeebtretlJ, eilw(W In flte Ca1N14 of iraa"tvu . , St.ft of Afyon dWm*W to folk.,, to-wig: AS DEWUSUD Oll TIM ATIA® =11EIT "A", Di THIS /lSPEaUmcl !BADE A PAti O'ABOi. 1 5"'c" •aMA•<•I.I, [all/llaa ettf...l.pl ON IIr1.11 4011 To Heve and to NaAt ON 1.Same unto the ,aid grantes and ttantea'e he4l'e, tuea Moon, 11nd a.rlas lavam TM revs and attwl eaaeideralon paid for fide NMttse, s/atd In 0erna Of dollen, ,a 50 0000.00 WHal 1~~Mea1-MhLeaYM~aw~~~1 tid~~`rL/MOlear~•"~`~~ 4mrwmk aaaaldaaalaA (Irdi~A rAkh) m f Tb w•w.s erlwn /hr hh D,11 nM MrtrY. do Y M d.r...r v 1111.11el Op ) In eonefndoW th/e dad and where Nw eOnNai ao ►.Vurr'ee, th. dryular Inehde, Ohs olwal r.d all panrunafk-Al chants, eAall b hnDGrd to Tab the pnnrrrkne hang/ apNY equally to m1porsomme and era.•d1•ldual. In Wllnoee Wnenal. the teener h...caoNd 11de Itvl nt thle 1? el.v td ' Saptashar . I vsp it a corpwgh, firsoor, it hoe c.u ad Ir. nano to e..i1rd a Juts authonawl rlvl.ro Cv "r of it. I.aand it d.I+vlan %!"t•~ •r In .wW V S7A7d Or 088CH y. STA ~ a,l,nyt NaaASOQton ~ 9eD.Cambar 1 ~ . . I, 80 . 1--mr i 1 0. ago- -on" .I...ALIiM,.EAiBddOlQ • sad reelualWf-d d- I-WWed 0""I" sW a~.r ro be Ills .ataa/ar •r 111.1 ,/rd. MA d a liv r /urrrClAI- T OT ) . w.n'j I 'J t 1, er . . . .y I.. r ALLAN J. PATW90N 12700 6V Pacific Ivy. Tif~eld, Oregon 97223M.•M~e•• Bet= Diff a 123J 13137 90 Pacific 9aU. 11gaed.•OR 91123 ..•.nJ •rid,.s ..M.N aaa were w. IIMOEN51►N, DIIfY1tN 6 ANDLN1tM11 Aft 9065 & W. WIN SSluv o, 6ul 2~OE Ti~A~,■arn~ r o.1a•~~a+~.araVr ai,/1MtiA."I.i,w.rJw BC9000 G:t11ICT 123J 13137 911 Pacific 6w. Tlet:rtl, OGl 911_. 79 Or ORROON, Conner .I h~ ,n J,W..Wfe wo..nd sae aaa labs ilt mesa ho Amuml •Id n~ i.. IN NAV. did 4 alai err base Y me ).aY.r me Met tat him a d. .MMW W at Cal It. sal .Al.d I.'AI I•••hbs 1.Y/Y111W u nor cgr.s rd •W a.p..•doa and IM r.W OI.Iry. m err daa.d w Now in 0► 1 a..J ablpanMlu. lr rlAahr N N. b.d d . • a./.ar• M A..a d..•s1.le.d r.1 41n,onw to be la she rs mar W did. bets. g.. (OPM#AL i. AI.J .Ines fVNk n.. I.•,y... M MAhw ' STATE OF ORKOOI,. a 1 cwlify thal the wotMn iMtnh wlrnt van wntvod W .staid an t:s day of IV . nt o ciocb N.. and t.aonfed ...ct •.w•.w In boob -rwl.!rohwtw Wa . . on • ' Pala at as dacumoat/lee/file/ iaetr.anwq/adetafi►m go. &s.W ere teals of add eo-mvp W.rgvar my hard end wail of ('wnlY AffieaA. ll. D.p.dy 1 . ,-,~•.;ear:..,:~k'~vc.:nt~tll.`.t.i_,:L••131 . . FROM :FIRST AMERICAN TIT. V~_~L 1 1 1 1 1 1 E1 PIT "A" 20000-07 The following described treat of land being situated in Section 34 and 35, Township 1 South, Range 1 Vest, Willamette 4eridian, City of Tigard, Vaahington County. Oregon: Beginning at a polat on the South line -of the Vorth half of the John L. Ricklin Donation Land Claim South d,1e59130" East 2,!77.15 teat from the Southwest corner of said xorth heir; thence Vorth 000 02109" Vest, 970.5 feet to the South right-of-vav line of S.Y. Tigard avenuo;•thence along aa!e .iRht-df-!rev ."•outh W tV3E" toot 601.33 feet to the center of Fanno Crack- thence folla4lnr the =enter of Fanno Creek South 19921'11". Fast 36.91 feet: thence youth ^•"16=14~" vest 27.85 toot; Lhence South 26"35'5E", tle+t 1011.51 feet: tnr:7ce South 39051'36". West 19.66 feet: thence Sol.th 09141136" vest 89.15 feet to the Northwest corner as described in need Book 806. Pape 6?0; thence South 30009101", Meat 366.54 feet to the Southwest corner an described it Deed Book 412, rage 14i: thence Wroth 89059130", west 145,23 feet to the Northwest corner as descrited In Deed book 910. Page 313; thence alone the west line of last sold deed South 23057'1B". Nest ?r6.2E feet to the Northweat corner as described :n Deed Book r'.1% ,rage 45; chent.e along the West line of 'lest sa:d'deed South 00124'48"'. Fast 165,56 feet to the S.lt_;:: lire' a! ;he !tort:. half or aaIC Donation. Land Claim; taints Web.% fort to tr:r, rnint .rf Peatnr.!np. • . SUBJECT To, :aet•a„r•~ pnrern al.t: arnoo,mentr. of :~nlfi..1 :'wrwrAr!r Apanov. :'l.e rllcl.loof tho l•, l::l.: 1r- AMA' to thAt of the hrl•rin f•Y.'r..: nrp :Wing wIill:n lh• rnnda r;r !41.*r"lrAvh. t. Ar. ooaesent, Inc!udinP 1rrnntwm Cv A. Rouron, et art, e= "h'rr-n!, rr. ,rA•A ncLoD"r 1.. ]sf C !Inn. rage a An assetOrnt, '_ncl:dlrr :rr !erg, A^•t rrnvl,;o7:" thlrrof, grantra by :.aur"cr '1aa't ar;, nt .,r .A. wnter,pr:, rwcnrled ncteber T. 1'164. In Onok "opr 5. Ce~er twee^;r r.: ' :r.e:•ul'!tl• 0.r YA -inr* -.env:afnr.+ !hereof. granted tY fAwrende [tart:i•• An.1 ...!an `.h'• :Ar., ro thr 7'n1rird 'everago Agerc,• or =fir;^~tcr." ^•r. -u^.c'^•n: cnrroratlnn, recorded May = 147.7. :•n.>r " ~.r.'., tin~h!;:Eton ^•Ilnt Records. huh a.I o".opt ~ J...l__ ~ "y U r6,.•~r r •...r", ...a ...a.•q wf t'.1Mwro ~ r r•' br wC r.A.. r lwN1 earlw r-.. 6.W.. "A 0 "M 0 04 kmo 7WOAta M u.....d « 196G SEr q 9: Si x L 1 12 41 #611 P.06/07 't J ~C U• 1rr''.r J FROM :FIRST FIMERICAN TITLE aeee, ov 12- 2-42 #611 P.07i07 -w_ . 191 340D 1S 1 34DD N'rf l1j"ri 'Y."(,`. •.~+r at'~; ?K}`~,>;C•I: ~ y~•f • Y X. ''F F'},r"'~C'!': r`. Y. ,.~..•1~ I ; t •TF••f,•(',1 7~ ?C K Y; •r .:~ti V i ns , 400 • ~I 1 f WASHINGTON COUNTY OREGON I 8i1N9ilN wur r7aw 4~W Wy r Am I I n SW •~I ~..wi T14Af10 STREET 1 IL (rono10w) 23-74 I I I I I I I III I ` I i I I I I 1 F, I oI I I` ( I j e 1S 1 34DD Lx.- moln-,~L,;'N, ewawT,m W. 19IMOD ~L,4A AIDN as R1®n4 T FO n a 0 1 e n M*T DATC 1 see FOH PBfiE,H8r2NT PUPPOM ONLOIV ON MMOTWE U i S 1TtG~ 1 1 I After Recording Mail To: Michael Robinson STOEL RIVES LLP 900 SW Fifth Avenue, Suite 2600 Portland, OR 97204 DECLARATION OF RESTRICTIVE COVENANT I THIS DECLARATION AND COVENANT is made this _ day of , 1999, by TIGARD TUALATIN SCHOOL DISTRICT, an Oregon nonprofit corporation, hereinafter referred to as "Declarant." WHEREAS: A. Lowe's HIW ("Lowe's) has received a Division of State Lands ("Division") permit, permit number RF-16790 (the "Permit"), which is attached as Exhibit A, and a U.S. Army Corp of Engineers nationwide permit 26 to place approximately 13,000 cubic yards of material for construction of a hardware and garden store located at Highway 217 and 72nd Avenue, the former site of the Phil Lewis Elementary School in Tigard, Oregon. One of the conditions of the Permit is that Lowe's must offset the loss of the wetlands and other natural resources by providing compensatory mitigation. B. Parcel A, which is described and attached hereto as Exhibit B, has been accepted by the Division as an acceptable compensatory mitigation site for the Permit. C. Declarant is the owner of the real estate described as Parcel A. D. Declarant and Lowe's have entered into a Wetlands Mitigation Easement Agreement, which is attached hereto as Exhibit C. E. Condition 11 of the Permit requires that long-term protection of the mitigation site be provided by a restrictive covenant on the property. I Portlndl-1173395.1 0021097-000065-3-2000(10:34AM) DRAFT 513100 10:34AM r 1 r r r r r r r r r 0 0 F. This Declaration of Restrictive Covenant is intended to fulfill the requirements of condition 11 of the Permit. NOW THEREFORE, in partial consideration of the Division's issuance of the Permit, the Declarant hereby declares and covenants that: 1. Declarant and its successors agree to restrict the use of Parcel A to compensatory mitigation until such time as the Permit is modified, suspended, or revoked. TIGARD TUALATIN SCHOOL DISTRICT, an Oregon nonprofit corporation By: Name: Subscribed and sworn to before me this Title: day of , 1999. Notary Public for Oregon My Commission Expires: Portlndl-1173395.1 0021097-000065-3-2000(10:34AM) 2 LHIWOOO I-0001 ~PNS 4/14/00 Legal Description Wetland Mitigation Site Fowler Middle School Lowes Hardware A tract of land situated in the Southeast Quarter of the Southwest Quarter of Section 34, Township 1 South, Range 1 West, Willamette Meridian, in the City of Tigard, Washington County, Oregon and being a portion of that property described in a Bargain and Sale Deed to School District #23-J, recorded on September 24, 1980 as Document Number 80033695, Washington County Book of Records and being described as follows: Commencing at a centerline monument at southwest Tigard Street and southwest Tiedeman Avenue; thence North 880 18' 58" West, a distance of 397.81 feet along the centerline of SW Tigard Street; thence South 1° 41' 02" West, a distance of 20,00 feet to the right-of-way and the TRUE POINT OF BEGINNING of this description, thence leaving said right-of-way South 5211 30" 00" East, a distance of 19.20 feet; thence South 60 26' 46" East, a distance of 35.17 feet; thence South 0° 52' 31' West, a distance of 36.93 feet; thence South 330 07' 10" West, a distance of 100.19 feet; thence South 41145' 23" West, a distance of 98.40 feet; thence South 11° 37' 23" West, a distance of 82.15 feet; thence South 32° 02' 48" West, a distance of 304.44 feet; thence North 70" 25' 10" West, a distance of 49.52 feet; thence North 221 14' 04" East, a distance 123.65 feet; thence North 61° 38' 14" West, a distance of 48.19 feet; thence South 901 00' 00" West, a distance of 66.77 feet; thence North 9° 28' 07" East, a distance of 8.30 feet; thence North 55° 43' 53" East, a distance of 125,18 feet; thence North 30 21' 09" West, a distance of 63.66 feet; thence South 83° 27' 25" West, a distance of 255.73 feet; thence South 4° 26' 38" West, a distance of 42.07 feet; thence North 85° 50' 36" West, a distance of 51.32 feet; thence South 10° 33' 20" West, a distance of 95.27 feet; thence South 871139, 38" West, a distance of 35.54 feet; thence North 0° 55' 11" East, a distance of 50.18 feet; thence North 85° 48' 20" West, a distance of 40,83 feet; thence North 56° 27' 08 West, a distance of 90.27 feet; thence North 2° 22' 47" East, a distance of 181,07 feet, thence North 660 16' 56" East, a distance of 102.73 feet; thence North 89° 50' 23" East, a distance of 129.45 feet; thence South 63° 59' 36" East, a distance of 27.49 feet; thence North 820 37' 07" East, a distance of 45.64 feet; thence South 840 22' 02" East, a distance of 106.40 feet; thence North 67° 22' 39" East, a distance of 145.37 feet; thence North 85° 48' 26" East, a distance of 90.88 feet; thence South 55° 06' 57" East, a distance of 48.78 feet; thence North 81 ° 27' 53" East, a distance of 76.25 feet; thence North 22° 09' 08" Fast, a distance of 49.83 feet; thence North 8° 17' 47" West, a distance of 44.71 feet; thence South 88° 18' 58" East, a distance of 6.21 feet to the TRUE POINT OF BEGINNING, The tract of land to which this description applies contains 183,160.6 square feet, more or less. REGISTERED PROFESSIONAL LAND SURVEYOR o:\pmj ect\llRiiw0001 \surveyllegal.doe t OREGON a4r 24, 1981 PATRICK N. SMITH \ 2526 RENEWAL 6/30/ OOF v- 1 1 \ 1 1 1 t 1 H w w V/ rI <I U) a~ 0 100 200 400 PROJECT EXHIBIT B s I,` WETLAND MITIGATION SITE 1 , FOWLER MIDDLE SCHOOL 'hl' ` t i ' D4/G. Rr4R. PROJECT SCALE AUMD)CNT No. 0 ' 0 " OP LHITIEXI LHIT0001 . =200 1 DRAWN BY BXA DESIGN BY PNS APPROVED BY DATE PNS 04/14/2000 S~ T POINT OF F'~lgN BEGINNING qV SCHOOL I DISTRICT #23-J HOC, NO, 800336 vI \ 0 Z ~J a I r I ~ I I ~ Z a LL 1 1 • DRAFT 513100 2:34PM AFTER RECORDING, RETURN TO: Michael C. Robinson Stoel Rives LLP 900 SW Fifth Avenue, Suite 2600 Portland, Oregon 97204-1268 WETLAND MITIGATION EASEMENT AGREEMENT This Wetlands Mitigation Easement Agreement (the "Agreement") is made and entered into this day of , 1999 by and between Tigard Tualatin School District, an Oregon nonprofit corporation ("School District"), and Lowe's HIW, a Virginia corporation ("Lowe's"). RECITALS A. The School District is the owner of the real property located at the site of the Fowler Middle School (the "School District property") in Tigard, Oregon. B. Lowe's plans to construct a hardware and garden store at the former site of the Phil Lewis Elementary School in Tigard, Oregon. The development of that site will impact wetlands located on the property. C. Lowe's has received authorization from the Oregon Division of State Lands and the U.S. Army Corps of Engineers to fill and otherwise impact the affected wetlands and unnamed tributary of Red Rock Creek. In partial consideration for such authorization, Lowe's has agreed to conduct compensatory mitigation. D. On February 25, 1999, the School District voted to allow Eagle Hardware and Garden Stores, now Lowe's, to enhance the 3.1 acres of wetland (the "Mitigation Site") located on the School District property, as compensatory mitigation for environmental impacts to wetlands and other natural resources. E. Lowe's desires to obtain an easement and perpetual covenant on that portion of the School District's property consisting of approximately 3.1 acres that is more particularly described in Exhibit A in order to implement and administer a wetlands mitigation project. Portlndl-2035502.1 0021097.00006 F. The School District does not plan on developing its property and has dedicated ' it to wetland enhancement projects. AGREEMENT NOW THEREFORE, in consideration of $62,000 paid to the School District by Lowe's, and the recitals and mutual covenants and agreements set forth in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. DEFINITIONS. As used in this Agreement, the following terms shall have the following meanings: 1.1 "Compliance Period" means the five (5) year monitoring and maintenance period for all wetlands mitigation work performed on the Mitigation Site pursuant to the terms of the Permits, as such monitoring and maintenance period may be validly extended or reduced ' by any applicable Governmental Authorities. 1.2 "Corps" means the United States Army Corps of Engineers. 1.3 "DSL" means the Division of State Lands of the State of Oregon. 1.4 "Easement" has the meaning set forth in Section 2.1 below. 1.5 "Governmental Authorities" means any federal, state or local governmental or quasi-governmental bodies or agencies having jurisdiction over the Mitigation Site or the Mitigation Work, the Monitoring Work or the Maintenance Work. ' 1.6 "Governmental Requirements" means any laws, statutes, ordinances, rules, or orders, requirements, resolutions, policy statements and regulations of the Governmental ' Authorities bearing on the performance of wetlands alteration work, the Mitigation Work, the Monitoring Work or the Maintenance Work and the requirements of the Permits. ' 1.7 "Maintenance Work" mens all maintenance and replacement of and/or additions to the Mitigation Work that is required under the Permits or as otherwise may be required by any applicable Governmental Authorities. 1.8 "Mitigation Site" has the meaning set forth in Recital E above. 1.9 "Mitigation Work" means all work required to grade, irrigate, plant, construct and install the improvements contemplated in the Plans and Specifications and any other work required by the Permits. Portlndl-2035502.1 0021097.00006 1 1 11 1 1 1 I 1 1 r r r r 1. 10 "Monitoring Work" means periodic review of the Mitigation Work and reporting to the applicable Governmental Authorities that are required under the Permits or as otherwise may be required by any applicable Governmental Authorities. 1.11 "Permits" means the Section 404 Permits, Section 401 Certifications, or Removal Fill Permits issued or to be issued to Lowe's by DSL, the Oregon Department of Environmental Quality and the Corps, as applicable, including all exhibits, schedules and attachments referenced therein and made a part thereof, and setting forth, among other things, the terms and conditions upon which the work contemplated in the Plans and Specifications my be performed on the Mitigation Site. 1.12 "Plans and Specifications" means the Mitigation Plan (Revised), prepared by David Evans and Associates, Inc. ("DEA"), dated November 12, 1999, establishing plans and specifications for the creation, enhancement and restoration of wetlands to be constructed, installed and planted on the Mitigation Site, with such changes and additions thereto as may be submitted to or be required by the Corps or DSL in connection with issuance of the final Permits. The Plans and Specifications are set forth in Exhibit B. 2. GRANT AND PURPOSE OF EASEMENT; OWNERSHIP INTERESTS 2.1 Grant and Purpose The School District hereby (a) grants and conveys to Lowe's, subject to the terms, conditions and covenants set forth in this Agreement, (i) an exclusive easement in gross on, in over, across and under the Mitigation Site for purposes of performing the Mitigation Work, the Monitoring Work and the Maintenance Work and (ii) nonexclusive easements in gross over and across those portions of the School District's property that are described as the "Access Easement" in Exhibit B for purposes of vehicular and pedestrian ingress and egress to and from the Mitigation Site (all of the easements described in clauses (i) and (ii) being collectively called the "Easement"), and (b) covenants with Lowe's to preserve the wetlands in perpetuity or as long as the wetland site is considered waters of the state as defined in state statutes. 2.2 The School District's Warranties The School District warrants and represents to Lowe's that (a) the School District has full power, right and authority to grant the Easement and Covenant; (b) the Mitigation Site and the Easement are free and clear of all liens and encumbrances; and Pottlndl-2035502.1 0021097-00006 r • • (c) the Mitigation Site is free from contamination by hazardous or toxic substances and materials (as defined by any applicable federal, state or local law) and is otherwise in compliance with all applicable environmental laws. 1 r r i i f y' 3. TERMS AND CONDITIONS OF EASEMENT The Easement. is granted upon and in accordance with the following terms, conditions, and covenants: 3.1 Mitigation Work Upon issuance of the Permit authorizing performance of the Mitigation Work on the Mitigation Site, and provided all other applicable Governmental Requirements for commencement of the Mitigation Work have been satisfied, Lowe's intends to perform the Mitigation Work on or before . The Mitigation Work shall be performed by Lowe's at its sole cost and expense, in substantial accordance with the Plans and Specifications and in compliance with all applicable Governmental Requirements. Lowe's shall provide written notice to the School District of the date of completion of the Mitigation Work, and of the anticipated commencement and termination dates of the Compliance Period and any material changes in such dates. 3.2 Monitoring and Maintenance Work Lowe's, at its sole cost and expense, shall perform all Monitoring Work and Maintenance Work required to be performed during the Compliance Period. Notwithstanding the foregoing, the School District shall be responsible for any repair, maintenance, replacement or other work required to be performed on the Mitigation Site under applicable Governmental Requirements to the extent such work becomes necessary as a result of acts or omissions of the School District or its employees, agents, contractors, invitees, or licensees. 4. GENERAL PROVISIONS 4.1 Assignment Lowe's shall have the right to transfer all or any portion of their interests in the Easement and to delegate their corresponding duties under this Agreement, subject to the terms, covenants and conditions of this Agreement, so long as the transferee or delegatee expressly assumes the transferring party's duties and obligations under this Agreement. The School District shall have the right to convey or otherwise transfer its interest in the Mitigation Site to any third party subject to the terms, covenants and conditions of this Agreement, so long as the grantee or transferee expressly assumes the School District's duties and obligations under this Agreement. No such transfers shall relieve the transferring party of any liability or obligation incurred prior to the date of transfer. Portindl-2035502.1 0021097-00006 1 1 1 t 1 1 1 1 1 Y i 1 r 4.2 Waiver; Waiver of Certain Defenses No provision of this Agreement shall be deemed to have been waived, unless such waiver is in writing signed by the waiving party. No failure by any party to insist upon the strict performance of any provision of this Agreement, or the exercise of any right or remedy consequent upon a breach hereof, shall constitute a waiver of any such breach or of this Agreement. 4.3 Attorney Fees If any arbitration proceeding, suit or action is brought by any party arising out of or related to this Agreement, the prevailing party or parties shall be entitled to recover the costs and fees (including, without limitation, reasonable attorneys' fees and costs) incurred by such party or parties, including those on any appeal. 4.4 Further Assurances The parties each agree, at the request of any other party, at any time and from time to time after the date hereof, to execute and deliver all such further documents as may be reasonably necessary or appropriate in order to confirm, record or carry out the provisions of this Agreement. 4.5 Headings The section headings in this Agreement are included for convenience only; they do not give full notice of the terms of any portion of this Agreement and are not relevant to the interpretation of any provision of this Agreement. 4.6 Equitable Relief The parties acknowledge that the uses provided by this Agreement are unique and that money damages alone for breach of this Agreement are or may be inadequate. Any party aggrieved by a breach of the provisions hereof may bring an action at law or a suit in equity to obtain relief, including specific performance and injunctive relief. 4.7 Severability Any provision of this Agreement that is deemed invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable the remaining provisions of this Agreement. Portlndl-2035502.1 0021097-00006 1 1 1 1 1 1 r r r 0 0 4.8 Successors and Assigns; Other Users This Agreement shall bind and inure to the benefit of the School District and Lowe's and their respective successors and assigns. The obligations of Lowe's hereunder shall, as between the School District and Lowe's, be joint and several. All references to use of the Easement granted to Lowe's in this Agreement shall also include use by the agents, employees, contractors and any other persons or entities similarly related to each party comprising Lowe's. 4.9 Governing Law The parties intend that this Agreement shall be governed by and construed in accordance with the laws of the State of Oregon. 4.10 Notices Notices required to be in writing under this Agreement shall be given as follows: Mr. Donald E. Winn Lowe's HIW 1530 Faraday Avenue, Suite 125 Carlsbad, CA 92008 Mr. Ron Hudson Tigard-Tualatin School District 13137 SW Pacific Highway Tigard, OR 97223 All notices or other communications required or permitted hereunder shall be in writing, and shall be (a) personally delivered (including by means of professional messenger service), which notices and communications shall be effective upon receipt at the office of the addressee, (b) sent by registered or certified mail, postage prepaid, return receipt requested, which notices and communications shall be deemed received three (3) days after deposit in the United States mail, (c) sent by overnight delivery using a nationally recognized overnight courier, which notices and communications shall be deemed received one (1) business day after deposit with such courier, or (d) sent by facsimile, which notices and communications shall be deemed received upon the deliverer's receipt of a transmission confirmation. 4.12 Counterparts The parties may execute this Agreement in two or more counterparts, each of which shall constitute an original, but all of which, when taken together, shall constitute one and the same instrument. Portlndl-2035502.1 0021097-00006 1 4.13 Exhibits ' The Exhibits attached hereto are incorporated in this Agreement by reference. IN WITNESS WHEREOF, the parties have caused this instrument to be executed the date and year first set forth above. TIGARD TUALATIN SCHOOL DISTRICT: 1 TIGARD TUALATIN SCHOOL DISTRICT, an Oregon nonprofit corporation By: Name: Title: LOWE'S HIW: ' LOWE'S HIW, a Virginia corporation I By: Name: Title: I 1 r Portlnd]-2035502.1 0021097-00006 1 1 i i • • APPENDIX C VEGETATION REPORT Land Use Application June 9, 2000 Lowe's Home Improvement Warehouse, Inc. 1 1 1 1 1 1 1 1 Appendix C Water Resources 18.797 Vegetation Report Background The subject project is for mitigation work to offset the anticipated impacts to wetlands associated with the Lowe's Home Improvement Warehouse, planned for construction at Highway 217 and 72nd Avenue. The mitigation plans have been approved by the US Army Corps of Engineers (COE #99-199) and Oregon Division of State Lands (DSL FP 18352). The proposed mitigation project consists of enhancement of 3.1-acres of wetlands along Fanno Creek at Fowler Middle School, just upstream of the confluence with Summer Creek. The mitigation site encompasses a section of Fanno Creek and the adjacent wetlands. The wetlands are dominated by reed canarygrass, an invasive non-native species. The mitigation project will enhance the existing wetlands by removing reed canarygrass and revegetating the area with native vegetation. The mitigation planting will establish ash forest, willow shrub, and mixed emergent communities similar to adjacent native wetland areas. Additionally, along approximately 400-linear feet of Fanno Creek streambank native vegetation will be established to increase shading, decrease stream temperatures, increase bank vegetative structure, and enhance bank stability. Existing Conditions The majority of the Fanno Creek floodplain and wetlands is dominated by non-native reed canary grass and meadow foxtail. Slough sedge, wooly sedge, and leafy beggar's tick were observed. Limited trees are located along the west bank of Fanno Creek, and are primarily Oregon Ash. The southern portion of the tract contains an existing Oregon Ash forest with a few Hooker's Willows, and ornamental hawthorns. The edge along the forest contains Himalayan Blackberry, clustered wild rose, pacific ninebark, red-osier dogwood, Douglas spirea, and sedge and rush species. Reference Fanno Creek Trail Wetland Fill and Removal Permit Application for City of Tigard, Oregon, by Fishman Environmental Services dated November 18, 1999. Refer to sheet 4 of 6, Mitigation Planting Plan for location of existing vegetation, and proposed planting. No reduction or modification to the riparian buffer is proposed. Proposed Conditions The mitigation project will include removal of non-native reed canary grass, revegetation with native herbaceous, shrub, and tree species, and provide additional fish and amphibian habitat in the overflow channel. The overflow channel as a part of the mitigation, will be constructed adjacent to Fanno Creek. Refer to sheet 4 of 6, Mitigation Planting Plan, for location of the overflow channel and planting areas. The channel has been aligned to not impact existing Oregon Ash trees. The overflow channel will be bordered with sediment barriers and tree protection fence. The native plant species chosen were selected based upon the existing Oregon Ash forest and similar wetland sites within the Fanno Creek basin. The mitigation construction is proposed to take place during the summer and fall of 2000. The overflow channel will be constructed in July or August during the instream work window. The planting will take place during the fall of 2000. Appendix C 1 June 8, 2000 Vegetation Report 1 1 1 1 1 I 1 i i t 1 1 1 Recommendations • • The mitigation site is required to be monitored for five years by the joint DSL and COE permit. A Monitoring Plan with a Contingency Plan is set forth in the permit application attached. Planting densities are based upon 200 trees, 300 shrubs an acre with an expected mortality rate of 20 percent to meet the required 80 percent survival rate. The density of emergent species is also based upon a 20% mortality rate in determining the total quantity of plants to be installed. Three quadrants will be set up for monitoring purposes. Recruited desirable native species will be included in the density and survival rate. Contingency for less than 80 percent survival will be to replant the required number of plants per strata to reach the 80 percent goal. Long term protection of the site by Lowe's and the Tigard-Tualatin School District will be provided in conformance with OAR 1412-85-155(14). Photograph 1 - View of site vegetation from Fanno Creek near SW Tigard Bridge. o:\project\Nhiw0000-0001 \!docs\905-miti\veg-rpt.doc Appendix C 2 June 8, 2000 Vegetation Report 1 I APPENDIX D I PRE-APPLICATION CONFERENCE NOTES 1 1 1 t 1 1 1 • Land Use Application June 9, 2000 Lowe's Home Improvement Warehouse, Inc. 0 CITY OF TIGARD- 0 LAND USE APPLICATION CHECKLIST ' Please 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 use application. Once an application is deemed complete. by Community Development staff, a M decision may be issued within 6-8 weeks. If you have additional questions after reviewing all of the information provided to you, please contact the staff person named below at the City of Tigard Planning Division, (503) 639-4171. I Staff: Date: 1. BASIC INFORMATION ALL LAND USE APPLICATIONS REQUIRE THE FOLLOWING: ' s signature or name of agent and letter of authorization Completed Application Form with property owner 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 #10 envelopes and a notarized mailing list of all owners of property within 500 " " feet of the subject property. Mailing envelopes shall be standard legal-size (#10), addressed with 1 x 4 labels (see attached envelope submittal requirements) Documentary evidence of neighborhood meeting (if required) Impact Study per Section 18.390.040.B.2.(e) Copy of the Pre-Application Conference notes Filing Fee 2. PLANS REQUIRED In addition to the above basic information, each type of land use application will require one or more of the following maps or plans. PLEASE SUBMIT EACH OF THE PLANS CHECKED BELOW WITH YOUR APPLICATION (Section 5 of this checklist provides details on what information to include on each plan): icinity Map B"" Preliminary Grading/Erosion Control Plan :Existing Conditions Map ❑ Preliminary Utilities Plan ❑ Subdivision Preliminary Plat Map ❑ Preliminary Storm Drainage Plan ❑ Preliminary Partition/Lot Line Adjustment Plan C3 Tree Preservation/Mitigation Plan Ef- Site Development Plan ❑ Architectural Drawings ❑ Landscape Plan ❑ Sign Drawings ❑ Public Improvements/Streets Plan 3. NUMBER OF COPIES REQUIRED ' The City requires multiple copies of submittal materials. The number of copies required depends on the type of review process. FOR AN APPLICATION SUCH AS YOU ARE PROPOSING THE CITY REQUIRES 18 COPIES OF ALL APPLICATION MATERIALS. City of Tigard Land Use Application Checklist Page 1 of 5 4. r SPECIAL STUDIES ANAEPORTS 0 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: ❑ Traff ic Study ❑ Local Streets Traffic Study Ir Wetlands/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 i Other /WA ggh6oi n 194 O r repe45 ~covi'rrd 19. 797 l ~ 5. PREPARING PLANS AND MAPS Plans and maps should be prepared at an engineering scale (1" = 10/20/50/100/200') 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'/i x 11 format. THE FOLLOWING IS A LIST 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 ❑ • . Utility access ❑ ' Existing Conditions Map ' Parcel boundaries, dimensions and gross area ❑ Contour lines (2' intervals for 0-10% slopes. or 5' for slopes >10%) ❑ Drainage patterns and courses on the site and on adjacent lands ❑ Potential natural hazard areas including: • Floodplain areas ❑ • Areas having a high seasonal water table within 24" of the surface for three or more weeks of the year ❑ • Slopes in excess of 25% ❑ • Unstable ground ❑ • Areas with severe soil erosion potential ❑ • Areas having severely weak foundation soils ❑ Locations of resource areas including: • Wildlife habitat areas identified in the Comprehensive Plan ❑ • Wetlands ❑ Other site features: • Rock outcroppings ❑ • Trees with 6" caliper measured 4' from ground level ❑ Location and type of noise sources ❑ Locations of existing structures and their uses ❑ Locations of existing utilities and easements Locations of existing dedicated right-of-ways ❑ ❑ Subdivision Preliminary Plat Map City of Tigard Land Use Application Checklist Page 2 of 5 - • • Site Development Plan The proposed site and surrounding properties ❑ ' 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 ❑ i 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 soil treatment such as stockpiling the top soil ❑ • Erosion control measures that will be used El 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 ❑ Public 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 ❑ City of Tigard Land Use Application Checklist Page 4 of 5 The proposed name of the subdivision Vicinity map showing property's relationship to arterial and collector streets 'Names, addresses and telephone numbers of the owner, developer, engineer surveyor and designer (as applicable) 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) • A proposed plan for provision of subdivision improvements 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 a narrative and submitted with the application materials Preliminary Partition/Lot Line Adjustment Plan The owner of the subject parcel ' s authorized agent The owner 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%) 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 Location and width of all water courses Location of any trees with 6" or greater caliper at 4' above ground level All slopes greater than 25% Location of existing and proposed utilities and utility easements Any applicable deed restrictions Evidence that land partition will not preclude efficient future land division where applicable Future street extension plan showing existing and potential street connections 11 City of Tigard Land Use Application Checklist Page 3 of 5 1 . Po • dpi G /E P ra ng rosion Control PI 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 watercourses and drainageways ❑ Location and estimated size of proposed storm drainage lines ❑ Where applicable, location and estimated size and dimensions of proposed water quality/detention facility ❑ L Tree Preservation/Mitigation Plan Identification of the location, size and species of all existing trees ❑ 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 ❑ t ' is\;curpln\masters\revised\chklist.doc 26-Nov-98 City of Tigard Land Use Application Checklist Page 5 of 5 APPENDIX E PUBLIC NOTIFICATION AND MEETING DOCUMENTATION i 1 1 1 1 1 t f 1 1 Land Use Application June 9, 2000 Lowe's Home Improvement Warehouse, Inc. • 0 AFFIDAVIT OF POSTING NOTICE I, Heather Coleman , do affirm that I am (represent) the party initiating interest in a proposed Wetland enhancement oro;ect affecting the land located at (state the approximate location(s) if no address(s) and/or tax lot(s) currently registered) Fowler Middle School, tax lots 1S134DD 1000 and 900 and did on the 26th day of April, 2000 19 er$opally post notice indicating that the site may be proposed for a Water Resources over- J an~'S ~nsitive Lands Rev' ;%lication and the time, date and place of a neighborhood ' meeting to discuss the proposal. The sign was posted at along Tigard street, west of Fanno Creek (state location you posted notice on property) F'- ~ X Signature (In the presence of a Notary Public) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) Subscribed and swom/affirmed before me on the .2~ day of A "I te,/ , 49ZB=. ' KEITH C THOMPSON NOTARYPMc•OREGON NOTARY PUBLIC OF OREGON COMMISSION 0. s304261 Am M Commission Expires: y ~7~ ,eeo/ MY COMMISSION ON Of EVitIRES AUG, P001 My (Applicant, please complete information below for proper placement with proposed project) ---------------------------------------------------------I NAME OF PROJECT OR PROPOSED NAME: Lowe's Home Improvement Wetland Mitiaation Site ( TYPE OF PROPOSED DEVELOPMENT:--Wetland gnhancement- INameofApphcant/Owner: David Evans Associates, Inc. for Lowe 's Home Imo. Warehouse Address or General Location of Subject Property: on Drooerty of Fowler Middle School . 10865 I . I Subject Property Tax Map(s) an Lot #(s). fgT34 DD 900 _ _ _ _ I ' t-----------------------------------~ h:Vopin~pattyGziaiWff M.nW t 1 1 0 0 0 AFFIDAVIT OF MAILING STATE OF OREGON ) ) SS. City of Tigard ) 1, Heather Coleman , being duly sworn, depose and say that on ADril 26 , 2 ,44,XXI 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) Fowler Middle School, 10865 SW Walnut Street, Tigard, Oregon 97223 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 to said persons and were deposited on the date indicated above in the United States Post Office located at 1505 SW 6th Avenue; Portland, Oregon, 97201 , with postage prepaid thereon. Signature (In the presence of a Notary Public) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) Subscribed and swom/affirmed before me on the -?S' day of 1 OFFICIAL SEAL KEITH C THOMPSON f NOTARY PUBLIC • OREGON COMMISSION NO, W4261 MY COMMISSION EXPIRESALIG. 27, 2001 NOTARY PUBLIC OF OREGON My Commission Expires: 147.J7 ?Do/ (Applicant, please complete information below for proper placement with proposed project) rNAME OF PROJECT OR PROPOSED NAME: Lowe 's Home Improvem3qnt Wetland Mitigation Site l TYPE OF PROPOSED DEVELOPMENT: Wetland enhancement pro-Ject I Name of Apphcant/Owner: David Evans and Associates, Inc. for Lowe's Home Improvement WarehouS In. I Ad or Ggeral Wa Location of Subject Pro grty: on property of Fowler Middle School, 1 0865 SW lnut Street, Tigard, uK yizt.s I I Subject Property Tax Map(s) and Lot #(s): 1S 1 34 DD 1000, 1S 1 34 DD 900 I l_----------- iW-- ii; --J h,7"-mlpaHYGWS G eM msl 1 ' NOTICE OF PUBLIC MEETING: WETLAND ENHANCEMENT PROJECT AT FOWLER MIDDLE SCHOOL ' Lowe's Home Improvement Warehouse, Inc. is proposing a wetland enhancement project in your neighborhood. The project involves enhancing 3.1 acres of wetlands along Fanno Creek on the Fowler Middle School property. David Evans and Associates, Inc. (DEA) has been hired by Lowe's to design and oversee the enhancement work. The wetlands are currently dominated by reed canarygrass, a non-native, invasive species. The proposed project will improve the wildlife habitat and water quality functions of the wetlands by replacing the reed canarygrass with native vegetation similar to that found in nearby wetlands. Fish habitat will be improved by creating a 470' long overflow channel connecting at both ends to Fanno Creek. This project will complement another wetland enhancement project and new recreational trail planned by the City of Tigard on the school site. ' The proposed work is part of a larger project which includes a new hardware store at Highway 217 and 72nd Avenue. The enhancement project will offset wetland impacts associated with construction of the store. The City of Tigard has already approved the hardware store development in a separate land use action. The Oregon Division of State Lands and the U.S. Army Corps of Engineers have authorized the wetland impacts at the hardware store site and the enhancement work at Fowler Middle School. The wetland enhancement project will require two land use reviews by the City of Tigard: a Water Resources Overlay District Review and a Sensitive Lands Review. Prior to submitting its application, Lowe's would like to discuss the proposal with surrounding property owners and residents. You are invited to attend a meeting: Thursday, May 11, 2000 7:00 - 8:00 p.m. Room 44 (near Gymnasium) Fowler Middle School 10865 SW Walnut St. Tigard, OR 97223 Please note that this will be an informational meeting to discuss preliminary plans. These plans may be modified prior to submittal of the land use application to the City. If you have any questions, please call Kristina Gifford McKenzie or Heather Coleman at DEA at 223-6663. 1 FREQUENTLY ASKED NEIGHBORHOOD MEETING QUESTIONS 1 1 1 1 1 'A - City of Tigard Community Development ShapingA Better Community What Is The Purpose Of This Neighborhood Meeting? The purpose of the meeting is to allow the prospective developer to share with you what they are planning to do. This is your opportunity to become informed of their proposed development and to let them know what issues or concerns you have in regard to their proposal. What Happens After The Neighborhood Meeting? After the neighborhood meeting, the prospective developer finalizes their submittal package (often taking into account citizen concerns) and submits an application to the City. Sometimes it takes a while before the developer's application is ready to submit, so there could be several months between the neighborhood meeting and the submittal of an application. Once an application is submitted to the City, Staff reviews it for completeness. Once an application has been deemed complete, the formal application review begins. It takes approximately 6-8 weeks from the time the application is accepted for a decision to be made. Many types of applications require a public hearing at which citizens are given the opportunity to provide comments or concerns. For all types of applications, property owners within 500 feet of the subject parcels receive notice of the public hearing (if applicable), notice of the decision, and are given the opportunity to appeal the decision. What If The Prooosal Presented At The Neighborhood Meetinu Is Not What Is Actually Submitted? Applicants are not required to submit exactly what was presented at the neighborhood meeting if it generally follows the type of development proposed. This provides for the opportunity to address the neighborhood issues and address other changes necessitated by the development or staff. If the project is entirely different, a new neighborhood meeting would be required. In any case, notice of decision is sent to property owners within 500 feet of the proposed development allowing them the opportunity to appeal. How Do I Know What Issues Are Valid? ■ A _J based 0.,.A^%&. +hn H uuulslon IS reviewed based on l1or-JJ..JJC1Jll.e VVRll L11V 11ya1u vcvvivP111U11L vvuv. 1\cv1cr• Llla development code to familiarize yourself with what is permitted and what may not be permitted. A copy of the development code is available for viewing at the Tigard City Library or a copy may be purchased at the Community Development Services counter. You may also contact City Planning staff and ask what the standards are for a specific issue. Be prepared, however, that you may not LIKE all the standards, but at least you-know what they are. If a development meets the code standards, it can proceed. 1 i:\cu rpl n\j u1i a\citinfo2.doc 1 The following is a list of questions developed by a subgroup of the Citizen Involvement Team. These ' questions are intended to aid you in fonnulating your own questions for proposed development in your area. Feel free to ask more or alter the questions to address your own unique concerns and interests. PROCESS ' . What applications are you (the developer) applying for? When do you expect to submit the application(s) so that neighbors can review it? What changes or additions are expected prior to submittal? ' . Will the decision on the application be made by City Staff, Hearings Officer, Planning Commission of City Council? How long is the process? (timing)/ ' . At what point in the process are citizens given notice and the opportunity to provide input? Has a pre-application conference been held with City of Tigard Staff? ✓ Have any preliminary requirements been addressed or have any critical issues been identified? ✓ What City Planner did you speak with regarding this project? (This person is generally the Planner assigned to the land use case and the one to contact for additional information). STREETS Will there be a traffic study done? What are the preliminary traffic impacts anticipated as a result of the development and how do you propose to mitigate the impacts if necessary? What street improvements (including sidewalks) are proposed? What connections to existing streets are proposed? ' . Are streets proposed to be public or private? What are the proposed street and sidewalk widths? ' . What are the emergency access requirements and what is proposed to meet those requirements? ZONING AND DENSITY What is the current zoning? What uses are allowed under this zoning? Will there be a re-zone requested by the developer? If yes, to what zone? ' . How many units are proposed for the development and what is the minimum and maximum density allowed in the zone? 1 DRAINAGE AND WATER OUALITY What is your erosion control and drainage plan What is the natural slope of the property? What arE the grading plans? Is there a water quality facility planned within the development and where will it be located? Who wil own and maintain the facility? TREES AND LANDSCAPING What are the tree removal plans and what is proposed to mitigate for trees removed? What are the landscaping plans? What buffering or fencing is required and/or proposed? Srrrooth Feed SheetsTm • 0 Use template for 51610 1 S 1 35CC-00600 1S134DD-00800 CHANEY CORALYN A EVANS ROBERT A 11730 SW TIEDEMAN 10905 SW TIGARD ST TIGARD, OR 97223 TIGARD, OR 97223 ' 1S134DD-01800 1S134DD-00501 CHAPUT NANCY A FITZGERALD ROBERT A AND 11935 SW TIEDEMAN CHRISTINE A TIGARD, OR 97223 10835 SW TIGARD AVE TIGARD, OR 97223 ' lS135CC-00300 1S134DC-09300 CHITTENDEN LLOYD A EVELY FREDERICKSON ANDREW J/CATHY & 11600 SW TIEDEMAN AVE FREDERICKSON EVELYN ELIZABETH TR ' TIGARD, OR 97223 11514 SW TWIN PARK PLACE TIGARD, OR 97223 ' 1S134DC-10500 1S135CB-00500 COBURN KELLY E & TERRIA L GABRIEL INVESTMENT LLC 11534 SW CORNELL PL 10250 SW NORTH DAKOTA ST TIGARD, OR 97223 TIGARD, OR 97223 2S 103AA-00501 1 5C6-00400 COLLINS RANDY LEE AND GABR NVE NT LLC TARA LYNETTE 10250TH DAKOTA ST 12132 SW TIEDEMAN AV T AR. OR 972 TIGARD, OR 97223 1S135CC-00703 1S134DD-02100 DAVIS DANIEL F & GEORGIA D HEATH ROGER C AND DIANNE S 11764 SW TIEDEMAN AVE 11445 SW 107TH PLACE TIGARD, OR 97223 TIGARD, OR 97223 1S135CC-00701 1S135CC-01000 " DAVIS DANIEL F & GEORGIA D & HOLLAND SHARI & SCOTT LARSON WESLEY & 10425 SW MEADOWS ST WATANABE OSAMU/SUWAKO ET AL TIGARD, OR 97223 11764 SW TIEDEMAN AVE TIGARD, OR 97223 ' 1S134DD-01200 1S134DD-01900 DILSAVER DANIEL E AND HULSE CARL V AND SHIRLEY Z JENNIFER L 11675 SW TIEDEMAN 11401 SW 107TH PL TIGARD, OR 97223 TIGARD, OR 97223 1 S 135CC-02100 1 S 134DB-03700 EDWARDS GERALD R LAUREL JABS WILLIAM M 10390 SW MEADOW ST 10970 SW NORTH DAKOTA AVE TIGARD, OR 97223 TIGARD, OR 97223 1S134DC-09800 1S135CC-00200 EIDSON DONALD L AND MARY H JACKSON PAUL R ' 11501 SW CORNELL PL JACKSON SIMONE DENISE PAUWELS TIGARD, OR 97223 10250 SW TIGARD ST TIGARD, OR 97223 AVERY8 Address Labels Laser 5961 TM Smooth Geed SheetsTM ( Nsi Use template for 5160 ~ • 1 S134DC-09900 1 S 135CC-02400 ADAMSKI CURTIS R BIEDERMAN BRIAN E & BEVERLY J 4109 FIR ST 10480 SW MEADOW VANCOUVER, WA 98660 TIGARD, OR 97223 1S134DD-02200 1 S 1 34DC-1 0300 ALEXANDER FERD F & CATHERINE M BOWKER LEANNE MARIE TRUSTEES 11496 SW CORNELL PL 21820 SW ELWERT RD TIGARD, OR 97223 SHERWOOD, OR 97140 134DD-02300 1S135CC-00800 AL NDER FER ND BOWSHER CHARLEY L CATHE <07140 STEES LUCILLE N 2182 RD 11820 SW TIEDEMAN RWOOTIGARD, OR 97223 1S134DD-02000 1S134DD-01300 ALEXANDER FERD W & NATALIE S BOYCE ANA L & RONALD J 11423 SW 107TH PL P 0 BOX 23093 TIGARD, OR 97223 TIGARD, OR 97223 135CC-03900 1S135CC-01100 AL RD B W BRAUN STEVE & ANGELA PATRI 10395 SW MEADOW 101 SW T RD ST TIGARD, OR 97223 ARDOR 972 1 S 135CC-03800 1 S 134DB-03800 ALFORD BURT W PATRICIA BRAUN WILLIAM H JR & ANNE M 10180 SW TIGARD ST 10920 SW NORTH DAKOTA ST TIGARD, OR 97223 TIGARD, OR 97223 1 S 1 35CC-02200 1S134DC-09600 ALLISON LARRY D AND BRYANT DONNA J & ROSS A DEBORAH 11545 SW CORNELL PL ' 10420 SW MEADOW TIGARD, OR 97223 TIGARD, OR 97223 1S134DD-01100 1S134DD-00101 ANDERSON GERALD L BUCHANAN MICHAEL R & SHEILA M CHARLOTTE A 10525 SW TIGARD ST 11645 SW TIEDEMAN RD TIGARD, OR 97223 TIGARD, OR 97223 1 S 134DC-10600 1 S 134DD-00400 BERNARD KYLE L & LISA B BURGHARDT JOSEPH W 11556 SW CORNELL PL DOLORES J TIGARD, OR 97223 10805 SW TIGARD AVE TIGARD, OR 97223 1 S 134 DD-00700 1 S 134DD-00502 BERNHARD MARILYN RAE BURGHARDT THOMAS & AMY ' 10895 SW TIGARD ST 10823 SW TIGARD ST TIGARD, OR 97223 TIGARD, OR 97223 AVERY@ Address Labels Laser 5961 TM Smooth Feed SheetsTM • • Use template for 51610 1S134DC-09400 2S103AA-00500 JONES CHARLES B JR/CATHYANN PICKAR RICHARD L ' 11536 SW TEIN PARK PL 12130 SW TIEDEMAN AVE TIGARD, OR 97223 TIGARD, OR 97223 1S135CC-02300 1S134DD-01600 KOBLEGARDE B RUPERT POPE STEVEN R ALICE E 310 MAYER BLDG 2120 NW 135TH 1130 SW MORRISON ST PORTLAND, OR 97229 PORTLAND, OR 97205 1S134DC-09700 1S134DD-00100 LOWE LARRY C & ROSE M RICHARDS JAMES E & SHARON S 11523 SW CORNELL PL NORRIS & STEVENS REALTORS TIGARD, OR 97223 520 SW 6TH #400 PORTLAND, OR 97204 1 S 134DII-00300 1 S 135CC-00702 MAI HIEP RIFFEL ALLEN W & SUSAN A 10755 SW TIGARD ST 11742 SW TIEDEMAN AVE TIGARD, OR 97223 TIGARD, OR 97223 1 S135CB-00600 1 S134DD-00102 MCCALL PROPERTIES INC SCHAEFER DONALD M & MILYNN 0 808 SW 15TH AVE PO BOX 23697 PORTLAND, OR 97205 TIGARD, OR 97281 D 000 0 2S102BB-00600 1S134D 1 - METRO SCHOOL DISTRICT #23-J 600 NE GRAND AVE WASHINGTON AND CLACKAMAS PORTLAND, OR 97232 COUNTIES OREGON 13137 SW PACIFIC HWY TIGARD, OR 97223 1S134DD-01400 1S134DD-00900 NABORS FORREST A SCHOOL DISTRICT 23J 11755 SW TIEDEMAN AVE 13137 SW PACIFIC HWY TIGARD, OR 97223 TIGARD, OR 97223 1S134DD-01700 2 03AA-00101 ' NOFZIGER KENNETH RICHARD SCH IS NO 23 J 11835 SW TIEDEMANN 13137 A HWY TIGARD, OR 97223 TI RD, OR 97223 1 S 134DC-00500 103AB-00100 PARK PETER SCH IS NO 231 11476 SW TWIN PARK PL 1313 PA C HWY TIGARD, OR 97223 ARD, OR 97223 1S134DC-10000 1S134DC-03000 PHAM MYDUNG T & SCHOOL DISTRICT NO. 23J PHAM MY HANH T & WASHINGTON COUNTY ' PHAM MY HOAI 13137 SW PACIFIC HWY 11463 SW CORNELL PL TIGARD, OR 97223 TIGARD, OR 97223 0~ AVERYO Address Labels Laser 5961TM ' Smooth Feed SheetsT"" Use template for 51610 is 1S135CC-00900 1S134DD-01500 ' SERFLING LOWELL C/ALICE R 10455 SW MEADOW VAN DOORNINCK WOLTER H 6555 SW DALE AVE TIGARD, OR 97223 BEAVERTON, OR 97005 1 S 1 35CC-00400 1S135CC-00700 SHADBOLT LEE J AND TAMARA A WATANABE OSAMU AND SUWAKO 11640 SW TIEDEMAN AVE 11770 SW TIEDEMAN AVE ' TIGARD, OR 97223 TIGARD, OR 97223 1S134DC-09500 1S134DC-10400 SHEELER CHARLES W & KATY L WHIFFIN SHARON K 11558 SW TWIN PARK PL 11512 SW CORNELL PL TIGARD, OR 97223 TIGARD, OR 97223 1S134DC-09200 STEWART PETER B & TRACY D 1S134DC-10100 WHITTAKER JEFFREY S & ANITA L 11498 SW TWIN PARK PL 11452 SW CORNELL PL TIGARD, OR 97223 TIGARD, OR 97223 1S135CC-00500 1S135CC-01300 STOVER LAWRENCE W & SHARON A ZWERLING ADAM J & 13432 SW 136TH PL CARDILLO DEBORAH A TIGARD, OR 97223 10325 SW MEADOW ST TIGARD, OR 97223 2S103AA-00100 SWAN ELIZABETH E 12060 SW TIEDEMAN TIGARD, OR 97223 1S135CC-01200 SZYDLOWSKI DOROTHEA L 10365 SW MEADOW ST TIGARD, OR 97224 1S134DD-00103 TIGARD CITY OF 13125 SW HALL TIGARD, OR 97223 1 1 S 134DC-10200 TRAPP JAMES THOMAS & DEBBIE LOU I 11474 SW CORNELL PL TIGARD, OR 97223 1 S 1 35CC-02000 VALDEZ STEVEN M & KIMBERLY M 1 10360 SW MEADOW ST TIGARD, OR 97223 SAVERY19 Address Labels TM Laser 5961 woo" W bw Ve 1 1 t 1 t pw~eck s-l (r oo t 1 1 t Neighborhood Mee Application: Applicant: Property Location: Meeting Location: Meeting Date/Time: 0 • ting Summary Sensitive Lands, Water Resources Lowe's Home Improvement Warehouse Fowler Middle School Fowler Middle School 7:00 p.m., Thursday, May 11, 2000 1 1 1 1 1 i t 1 Four members of the public attended the meeting, all of whom live in the neighborhood. One attendee represented Friends of Summer Creek. The applicant was represented by Scott Banker and Kristina McKenzie of David Evans and Associates, Inc. Ms. McKenzie opened the meeting, introduced herself and Mr. Banker, and briefly explained the purpose of the meeting. A resident asked about the development proposed by the applicant, i.e., the hardware store development requiring the mitigation project proposed at Fowler Middle School. Mr. Banker then described the wetland impacts associated with the store and how the project at Fowler would mitigate for them. He explained that the store development had already been approved by the City and the wetland regulating agencies (US Army Corps of Engineers and Oregon Division of State Lands), that the mitigation project had also been approved by the wetland agencies, and that the applicant was now seeking City of Tigard approval for the mitigation work. Using a presentation graphic showing the proposed mitigation plan, Mr. Banker then described the proposed mitigation project in more detail. He explained that the project included enhancement of approximately 3.1 acres of wetlands along Fanno Creek, primarily through removing reed canarygrass and re-planting with native wetland species. The project would also involve creating an overflow channel connecting at both ends to the creek, thereby improving flood storage capacity and fish habitat. Follow-up questions from the audience included: Q. How large is the overflow channel? A. Approximately 600 feet long, 12 feet wide at the top, five feet wide at the bottom, and one to two feet deep. Q. How long will the project take? A. Project construction is estimated to last one to two weeks. The in-water work needs to be completed by September 30, 2000, to comply with the wetland permits. There was additional discussion with the public, primarily about the effectiveness of methods used to control reed canarygrass. An attendee suggested that the mitigation not create forested wetlands because the site was most likely a wet meadow/prairie. This comment was noted, and it was explained that the mitigation had already been approved by the regulating agencies. The meeting was adjourned at 7:45 p.m. L H 1 W 0000-0001 /N e i g h M tg. d oc 1 • I APPENDIX F I HYDRAULIC AND SOILS REPORT 1 1 1 1 1 1 t • Land Use Application June 9, 2000 Lowe's Home Improvement Warehouse, Inc. ~cn DAVID EVANS AND ASSOCIATES, D E A M E M O R A N D U M 2828 SW Corbett Avenue TO FILE Portland, Oregon 97201 Tel: 503.223.6663 FROM: Richard Attanasio, P.E. Fax: 503.223.2701 DATE: June 8, 2000 ' SUBJECT: HYDRAULIC AND SOILS REPORT: LOWE'S HOME IMPROVEMENT WAREHOUSE MITIGATION SITE AT FOWLER MIDDLE SCHOOL PROJ. LHIW0000-0001 COPIES: K. McKenzie; H. Coleman Background The subject project is for mitigation work to offset the anticipated impacts to wetlands associated with the Lowe's Home Improvement Warehouse, planned for construction at Highway 217 and 72nd Avenue. The mitigation plans have been approved by the US Army Corps of Engineers (COE #99-199) and Oregon Division of State Lands (DSL FP 18352). The proposed mitigation project consists of enhancement of 3.1 acres of wetlands along Fanno Creek at Fowler Middle School, just upstream of the confluence with Summer Creek. The mitigation site encompasses a section of Fanno Creek and the adjacent wetlands. The wetlands are dominated by reed canarygrass, an invasive non-native species. The mitigation project will enhance the existing wetlands by removing reed canarygrass and revegetating the ' area with native vegetation. The mitigation planting will establish ash forest, willow shrub, and mixed emergent communities similar to adjacent native wetland areas. Additionally, along approximately 400 linear feet of Fanno Creek streambank native vegetation will be established to increase shading, decrease stream temperatures, increase bank vegetative structure, and enhance bank stability. Site grading will involve contouring the land to create an overflow channel that will pond water for a part of the growing season. This will increase flood storage capacity, provide water quality benefits, and improve fish habitat. This mitigation project will work in concert with adjacent mitigation projects planned by the City of Tigard. Construction of the proposed project is anticipated to take place during the summer of 2000, with planting occurring in the fall of 2000. Existing The mitigation site is a reed canarygrass wetland on Fanno Creek directly upstream of the confluence of Fanno and Summer Creeks. Downstream of the mitigation site, the streambank of Fanno Creek is lined with woody vegetation (ash). 1 \\pdx_apps\vol 1 \doc-area\project\I\Ihiw0000-0001 \!docs\905-miti\mtf-hyd-tigard.doc 1 DAVID EVANS AND ASSOCIATES, 1 1 1 FILE June 8, 2000 Page 2 The regulatory floodplain for the site is between 157 and 158-feet NGVD, according to the March 1982 Flood Insurance Rate Map (FIRM). The Fanno Creek floodplain is currently under review by the Federal Emergency Management Agency (FEMA); however, the 1982 floodplain remains the regulatory standard until modified by FEMA. Site soils consist of Cove silty clay loam. The Soil Survey of Washington County, published by the Soil Conservation Service (SCS), describes this as a nearly level soil occurring on floodplains. Runoff from the soil is slow and the hazard of erosion is slight (SCS Soil Survey of Washington County, July 1982). I Proposed Mitigation Project The mitigation project will remove reed canarygrass and revegetate the area with native vegetation. The mitigation planting will establish ash forest, willow shrub, and mixed emergent communities similar to adjacent native wetland areas. Additionally, along approximately 400-linear feet of Fanno Creek streambank, native vegetation will be established to increase shading, decrease stream temperatures, increase bank vegetative structure, and enhance bank stability. Site grading will contour the land to create an overflow channel that will pond water for part of the growing season. Construction of the proposed project is anticipated to take place during the summer of 2000, with planting occurring in the fall of 2000. Hydraulic Impact The proposed mitigation project will have no adverse hydraulic impact. ❑ Conveyance through the area will be increased resulting in no increase in water surface elevation. ■ Material will be removed from the area increasing the cross-sectional flow area. ■ The reed canarygrass will be removed from the area and replaced with native vegetation. Reed canarygrass has a high Manning's "n" value and significantly retards flow through the area. The native vegetation has a lower Manning's "n" value and will permit flow to pass through the area with less resistance. ■ Planting of native vegetation along the streambank is consistent with the condition of the downstream streambank and will not alter the conveyance capacity of the channel. ❑ Flood storage in the area will be increased. ■ Material will be removed from the area resulting in greater flood storage both locally and in the Fanno Creek basin. In summary, the proposed mitigation project will not increase water surface elevations in the area and will increase floodplain storage providing some hydraulic benefit to the area. 1 1 1 1 1 1 1 1 1 1 1 1 1 i r • • DAVID EVANS AND ASSOCIATES, FILE June 8, 2000 Page 3 Water Quality Impacts The proposed project should result in an improvement in the water quality function of the mitigation area. Wetland areas provide natural water quality treatment through filtration, sedimentation, shading for temperature control, and nutrient uptake. The improvements realized through this mitigation project will increase the efficacy of the wetland area in providing these water quality benefits. The increased conveyance through the wetland and increased flood storage volume in the wetland will increase the area's treatment efficacy in both filtration and sedimentation. Removing reed canarygrass and restoring native vegetation will improve shading, filtration, and nutrient uptake functions of the wetland. It is important that adequate erosion prevention and sediment control measures be implemented and maintained during construction to prevent short-term adverse water quality impacts. In summary, the proposed project will result in a net benefit to water quality. The project will improve shading for temperature control, filtration, sedimentation, and nutrient uptake. Soils The on-site soils are suitable for the proposed project. Soils at the mitigation project site consist of Cove silty clay loam. These soils are relatively weak, but have a low erosion potential. Given the nature of the project these soils are eminently appropriate for the project. Standard construction and post-construction erosion control procedures should be adequate to prevent any untoward erosion. During construction, the use of rubber-tired equipment on disturbed soils should be avoided whenever possible due to the potential for rutting. Summary The proposed mitigation project will result in no increase in the 100-year water surface elevation upstream or downstream of the site. There will be an increase in floodplain storage. The soils in the area are suitable for the proposed project provided standard construction and post-construction practices are utilized. 1 1 1 r i t t • • APPENDIX G STREAMBANK CONDITIONS REPORT Land Use Application Lowe's Home Improvement Warehouse, Inc. June 9, 2000 Background 1 • • Appendix G Water Resources 18.797 Streambank Conditions There are no reductions to the riparian setback proposed. The subject project is for mitigation work to offset the anticipated impacts to wetlands associated with the Lowe's Home Improvement Warehouse, planned for construction at Highway 217 and 72nd Avenue. The mitigation plans have been approved by the US Army Corps of Engineers (COE #99-199) and Oregon Division of State Lands (DSL FP 18352). The proposed mitigation project consists of enhancement of 3.1-acres of wetlands along Fanno Creek at Fowler Middle School. The affected stream reach begins immediately downstream of the SW Tigard Street Bridge and continues to just upstream of the confluence with Summer Creek. The mitigation project will enhance the existing wetlands by removing reed canarygrass and revegetating the area with native vegetation. Native vegetation will be established along approximately 400 linear feet of Fanno Creek streambank to increase shading, decrease stream temperatures, increase bank vegetative structure, and enhance bank stability. An approximately 600-linear foot overflow channel will be constructed along Fanno Creek. ' Existing Conditions Please refer to Photographs 1 and 2 following the text. The majority of the Fanno Creek floodplain and wetlands is dominated by non-native reed canary grass with limited trees located along the west bank of ' Fanno Creek. The majority of the streambank vegetative cover is either reed canary grass or meadow foxtail. The riparian zone contains minimal woody vegetation. The existing streambanks exhibit a high level of erosion and instability due to the lack of woody vegetation and the long-term down cutting of the streambed. Banks are generally vertical in slope with a high incidence of undercutting and toe erosion. The banks are frequently three to four feet in height above low water elevation. Isolated sections of banks have been undercut severely and slumped off into the streambed. Proposed Conditions The mitigation project will remove non-native reed canary grass, and revegetate with native herbaceous, shrub, and tree species, and provide additional fish and amphibian habitat in the overflow channel. The overflow channel as a part of the mitigation, will be constructed adjacent to Fanno Creek. Refer to sheet 5 of 6, Grading and Erosion Control Plan, for location of the overflow channel grading and erosion control measures. Refer to sheet 4 of 5 Mitigation Planting Plan for planting measures. The channel has been aligned to not impact the existing Oregon Ash trees. In addition to the overall revegetation plan, Red-osier dogwood and pacific willow live stakes are planned for the streambank. The live stakes will aid in stabilization of the streambank via their fibrous root mass. Woody root systems. The woody vegetation will also provide shade for temperature modification, fish habitat, and restoration of the degraded riparian zone The mitigation construction is proposed to take place during the summer and fall of 2000. The overflow channel will be constructed in July or August during the instream work window. The planting will take place during the fall of 2000. Appendix B 1 June 8, 2000 ' Streambank Conditions 1 1 1 t t t t 1 Photograph I - Downstream view of Fanno Creek from the SW Tigard Street Bridge. t^ i rox s E Jii~ E~ _ Ilk e n I 1 Photograph 2 - Close-up view of bank erosion and vegetative cover within the project. ' o:\projectVUhiw0000-000 1\!docs\905-miti\strm-ipt.doc • 0 Recommendations The mitigation site is required to be monitored for five years by the joint DSL and COE permit. A Monitoring Plan with a Contingency Plan is set forth in the permit application attached. Planting densities are based upon 200 trees, 300 shrubs an acre with an expected mortality rate of 20 percent to meet the required 80 percent survival rate. The density of emergent species is also based upon a 20 percent mortality rate in determining the total quantity of plants to be installed. Three quadrats will be set up for monitoring purposes. Recruited desirable native species will be included in the density and survival rate. Contingency for less than 80 percent survival will be to replant the required number of plants per strata to reach the 80 percent goal. Long term protection of the site by Lowe's and the Tigard- Tualatin School District will be provided in conformance with OAR 1412-85-155(14). Appendix B 2 June 8, 2000 Streambank Conditions i I t t r t • • APPENDIX H WETLAND DELINEATION REPORT Land Use Application Lowe's Home Improvement Warehouse, Inc. June 9, 2000 ' WETLAND DELINEATION FANNO CREEK TRAIL 1 T1S, RI W, SE 1/4 SECTION 34 & T2S R1 W NE & NW 1!4 SECTION 2, WASHINGTON COUNTY TIGARD, OREGON 1 Prepared for: ' Duane Roberts, Planner City of Tigard ' 13125 SW Hall Boulevard Tigard, OR 97223 Prepared by: ' C. Mirth Walker & Stacy Benjamin Fishman Environmental Services Consultants in Ecology and Natural Resource Management 434 NW 6th Avenue, Suite 304 Portland, OR 97209-3600 March 1998 FES Project 97126 Fishman Environmental Services • 434 NW Sixth Avenue • Portland, OR 97209-3600 (503) 224-0333 • FAX (503) 224-1851 0 e / W1AN 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0 0 TABLE OF CONTENTS SUMMARY ..................................................................1 1 INTRODUCTION AND BACKGROUND INFORMATION 3 1.1 National Wetlands Inventory 3 1.2 Soil Survey .......................................................4 1.3 Site Elevation and Topography 4 1.4 Flood Plain Information 4 1.5 Tigard Local Wetlands Inventory 4 2 METHODOLOGY ......................................................5 3 WETLAND AREAS .....................................................6 3.1 Area One - Fowler School Site 6 3.2 Area Two - SW Grant Street Site 8 3.3 Area Three - Dolan Property/SW Main Street Site 9 3.4 Area Four - SW Ash Avenue Right-of-Way Site . 10 4 WETLAND DETERMINATION CONCLUSION 10 5 REFERENCES ........................................................12 6 SITE DATA SHEET 13 APPENDICES ...............................................................23 Appendix A: Wetland Determination Data Sheets Appendix B: Vegetation of the Fanno Creek Trail Sites Fishman Environmental Services Project 97126 Page i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 LIST OF FIGURES FIGURE 1. SITE LOCATION MAP 14 FIGURE 2. NATIONAL WETLANDS INVENTORY MAP 15 FIGURE 3. SOILS MAP 16 FIGURE 4. FLOOD PLAIN MAP 17 FIGURE 5. TIGARD LOCAL WETLANDS INVENTORY 18 FIGURE 6. AREA ONE - FOWLER SCHOOL SITE WETLAND MAP AND SAMPLE PLOT LOCATIONS 19 FIGURE 7. AREA TWO - SW GRANT STREET SITE (NORTH) WETLAND MAP AND SAMPLE PLOT LOCATIONS 20 FIGURE 8. AREA TWO - SW GRANT STREET SITE (SOUTH) WETLAND MAP AND SAMPLE PLOT LOCATIONS 21 FIGURE 9. AREA THREE - DOLAN PROPERTY / SW MAIN STREET SITE & AREA FOUR - SW ASH AVENUE RIGHT-OF-WAY SITE WETLAND MAP AND SAMPLE PLOT LOCATIONS 22 Fishman Environmental Services Project 97126 Page ii 1 • • WETLAND DELINEATION SUMMARY SITE NAME: Fanno Creek Trail SITE LOCATION: Four site areas: Fowler Middle School, SW Grant Street, Dolan property/SW Main Street, and SW Ash Avenue right-of-way, all located along Fanno Creek, west of SW Hall Boulevard and south of SW Tigard Street in Tigard, Oregon. TI S, R1 W, SE '/4 Section 34 and T2S, R1 W, NE & NW '/4 Section 2 Washington County APPLICANT: Duane Roberts, Planner City of Tigard DATE OF SITE VISITS: January 6 & 16, February 4 & 5, 1998 PROJECT STAFF: C. Mirth Walker, Wetlands Program Manager ' Christie Galen, Ecologist Stacy Benjamin, Biologist FES PROJECT: 97126 ' SUMMARY ' The City of Tigard is proposing to build a pedestrian/bicycle trail along Fanno Creek as a continuation of an existing series of trails in Tigard. The current phase of trail construction will be ' located in four areas: Fowler Middle School; north and south of SW Grant Street; south of the Dolan property and SW Main Street; and SW Ash Avenue right-of-way. These four areas are all located along Fanno Creek, west of SW Hall Boulevard and south of SW Tigard Street in Tigard. Eleven wetland areas, including emergent and mixed emergent/forested, were delineated on the four site areas in the vicinity of the proposed trail. The City of Tigard has not determined the final trail ' alignment and intends to route the trail around wetlands to avoid impacts where feasible. Hydrology of the delineated wetland areas is provided by groundwater seeps and precipitation. ' Fanno Creek (a water of the State and of the U.S.) is the predominant hydrologic feature of the subject areas. Hydrology observed in the wetland areas included shallow scattered ponding, a depth to free water ranging from the surface to 5 inches, soils saturated to the surface in most areas (a few r areas were saturated to 4 inches only from recent precipitation) at the time of the site visits, drainage patterns in wetlands, and oxidized root channels in the surface horizon. Our investigation was conducted during the very early part of the growing season; some upland areas exhibited ephemeral hydrology. Fishman Environmental Services Project 97126 Page 1 1 1 1 I i Fanno Creek Trail Wetland Delineation March 31, 1998 Soils in wetland areas at 10 inches below the surface ranged from black (IOYR 2/1) and very dark gray (10YR 3/1) clay and silty clay to very dark grayish brown (10YR 3/2) and dark grayish brown (IOYR 4/2) silty clay loam, silt loam, and sandy silt loam with brown (1 OYR 5/3 & 7.5YR 4/4), dark yellowish brown (10YR 4/4), gray (10YR 5/1) and dark gray (5YR 4/1) redoximorphic (redox) concentrations and depletions (mottles). The low matrix chroma of 1 and the chroma of 2 with redox concentrations indicate the presence of hydric soils. Soils in upland areas immediately adjacent to the wetland boundary at 10 inches below the surface ranged from dark gray (IOYR 4/1) to very dark brown (IOYR 2/2), very dark grayish brown (IOYR 3/2), dark grayish brown (IOYR 4/2) and dark brown (IOYR 3/3) clay, silty clay loam, silt loam and sandy silt loam with dark yellowish brown (IOYR 4/4), brown (7.5YR 4/4), and dark gray (5Y 4/1) redox concentrations in some areas (mottling was absent in other areas). Redox concentrations were faint or absent in the majority of the upland area. The high matrix chroma of 3 and the chroma of 2 with only faint mottles indicate the presence of non-hydric soils. Dominant vegetation of the Fowler School site was a mixed emergent/forested wetland (Wetland 1) and included reed canarygrass and meadow foxtail in the western portion, and reed canarygrass, smooth scouring-rush, Douglas' spirea, willow and Oregon ash in the southern portion along the creek. Uplands were characterized by the presence of tall fescue, bluegrass, Himalayan blackberry, rose, and ornamental hawthorn. The SW Grant Street site contained four wetlands. The emergent western wetland (Wetland 2A) was dominated by bentgrass. Upland vegetation was demarcated by a predominance of tall fescue. Emergent Wetland 2B was dominated by small-fruited bulrush, creeping buttercup, bentgrass, and American speedwell. Wetland 2C was a sparsely vegetated back water slough. An adjacent upland island was dominated by Himalayan blackberry and English ivy. A mixed emergent/forested wetland in the eastern portion of the site (Wetland 2E) was dominated by reed canarygrass and Oregon ash. Adjacent uplands were dominated by Douglas fir, Oregon white oak, and Himalayan blackberry. Dominant vegetation of the Dolan property/SW Main Street site emergent wetland (Wetland 3) ' consisted of reed canarygrass, with small amounts of soft rush, Douglas' spirea, willow, and Oregon ash. Uplands were characterized by a predominance of Himalayan blackberry, black hawthorn, and Nootka rose. The SW Ash Avenue right-of-way site contained five wetlands. Wetland 4A was an emergent mitigation site in the western portion of the site consisting of reed canarygrass and broad-leaf cattail. A mixed emergent/forested wetland (Wetland 413) was dominated by small-fruited bulrush, reed canarygrass, trace soft rush, and Oregon ash. An upland area separating Wetlands 4A and 4B was characterized by reed canarygrass, Himalayan blackberry, black hawthorn, and ornamental hawthorn. Wetland 4D was a small, emergent wetland pocket dominated by reed canarygrass. Reed canarygrass Fishman Environmental Services Project 97126 Page 2 t 1 1 1 t I t 1 t i 0 Fanno Creek Trail Wetland Delineation March 31, 1998 and soft rush dominated a second emergent mitigation site (Wetland 4E) in the eastern portion of the site. Finally, emergent Wetland 4F consisted entirely of reed canarygrass. Determination of the wetland boundary was based on changes in hydrophytic vegetation and soils. Wetlands were flagged in the field for surveying by David Evans & Associates (surveys attached). Wetland determination data sheets are included in Appendix A. Vegetation noted on the four site areas is listed in Appendix B. INTRODUCTION AND BACKGROUND INFORMATION At the request of the City of Tigard (City), Fishman Environmental Services (FES) conducted a wetland delineation of the wetlands associated with Fanno Creek in the vicinity of a proposed pedestrian/bicycle trail along Fanno Creek. The purpose of the wetland delineation was to assist with determining trail alignment. The City requested that FES delineate wetlands within 50 feet of the edge of Fanno Creek. Fanno Creek flows in a generally southerly direction through the site areas, and for ease of discussion, trail and sample plot locations will be referred to as being on the east or west side of the creek. The current phase of trail construction includes four site areas located west of SW Hall Boulevard and south of SW Tigard Street in a residential/ commercial area of Tigard (Figure 1). The four site areas are described below, in a north to south direction. Area One, the Fowler School site, is located west of SW Tiedeman Avenue, south of SW Tigard Street, and north of the Fowler School and track, on the west side of Fanno Creek. Area Two, the SW Grant Street site, is located north of Pacific Highway (Highway 99W) and east of SW Tiedeman Avenue, both north and south of SW Grant Street, on the east and west sides of Fanno Creek. Area Three, the Dolan property/SW Main Street site, is located south of SW Main Street, east of Maplewood Drive, and west of SW Burnham Street, on the east side of Fanno Creek, and extends to the Ash Avenue right-of-way and an existing trail. ' Area Four, the SW Ash Avenue right-of-way, continues south from Area Three on the west side of Fanno Creek. 1.1 National Wetlands Inventory The Beaverton, Oregon National Wetlands Inventory (NWI) map (Figure 2) identifies Fanno Creek as riverine, upper perennial, open water that is intermittently exposed/permanent (R30WZ). Two additional wetlands are mapped on the Fowler Middle School site. A palustrine, persistent, emergent, wetland that is intermittently flooded/temporary (PEM1 W) is mapped in the northern portion of the site, and a palustrine, broad-leaved deciduous, forested wetland that is intermittently Fishman Environmental Services Project 97126 Page 3 1 1 1 1 t 1 t Fanno Creek Trail Wetland Delineation March 31, 1998 flooded/temporary (PFO1 W) is mapped in the central portion of the site. No additional wetlands (aside from Fanno Creek) are mapped in the other three sites. 1.2 Soil Survey Soils were mapped on the site by the USDA Soil Conservation Service (Natural Resources Conservation Service) in the Soil Survey of Washington County, Oregon (USDA SCS 1982; Figure 3). North of Pacific Highway, a band along Fanno Creek is mapped as the poorly drained Cove silty clay loam (map unit 13) which formed in recent clayey alluvium on flood plains. The portion of the Fowler School site to the west of Fanno Creek is also mapped as Cove silty clay loam. South of Pacific Highway, a band along Fanno Creek is mapped as the moderately well drained McBee silty clay loam (map unit 30) which formed in alluvium on flood plains. The Cove soil is a listed hydric soil on the Hydric Soils in Washington County Area, Oregon list (USDA SCS, 1989). The McBee soil may have inclusions of hydric Cove and Wapato soils. 1.3 Site Elevation and Topography Elevation of the sites ranges from approximately 140 to 150 feet (USGS, 1961, photorevised 1984). The sites are generally level, with steep 10 foot banks sloping down to Fanno Creek. The north/northwest portion of the Fowler School site slopes down to the south from SW Tigard Road and to the east from a scrub-shrub/forested area. 1.4 Flood Plain Information ' Fanno Creek is mapped within the 100-year flood plain (Zone A3), which is shown as 147 to 159 feet in elevation on the subject site on the Flood Insurance Rate Map prepared by the Federal Emergency Management Agency (Figure 4). Fanno Creek has a broad 100-year flood plain which extends from approximately 50 to 750 feet east and west of the centerline of the creek. Portions of the site immediately east and west of Zone A3 are mapped as Zone B, areas between the limits of the 100-year and 500-year flood. Zone B extends approximately 20 to 150 feet beyond Zone B. The floodway extends from approximately 20 to 400 feet from the centerline on either side of Fanno Creek. It is likely that the majority of the proposed trail will be within the 100-year flood plain. 1 1.5 Tigard Local Wetlands Inventory The majority of the four site areas are mapped as wetlands or are within the resource unit boundary as shown in the Tigard Local Wetlands Inventory Offsite Option and Wetlands Assessment, conducted by FES in 1995 to update the City of Tigard's existing wetlands inventory. Area One is mapped within wetland Site B-5, Area Two is mapped within the Site E-5 Fanno Creek resource area Fishman Environmental Services Project 97126 Page 4 1 1 I t t 1 1 t 1 Fanno Creek Trail Wetland Delineation March 31, 1998 boundary, Area Three is mapped within wetland Site E-6, and Area Four is mapped within wetland Site E-9. 2 METHODOLOGY The methods for determining the presence of wetlands and delineating wetland boundaries follow the routine methodology of the Army Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory, 1987) used by both the Corps and the Oregon Division of State Lands. Field work was conducted January 6 & 16 and February 4 & 5, 1998. Soils, vegetation, and indicators of hydrology were observed at a total of 15 sample plot locations at the four site areas to document site conditions. The sample plots were marked with flagging tied to lathe stakes or wire whip flags. Wetland boundaries were marked with orange "wetland boundary" flagging tied to vegetation and numbered consecutively. A total of eleven wetland areas were delineated and surveyed in the vicinity of the proposed trail: one wetland (Wetland 1) in Area One, four wetlands (Wetlands 2A, 213, 2C & 2E) in Area Two, one wetland (Wetland 3) in Area Three, and five wetlands (Wetlands 4A, 413, 4D, 4E & 4F) in Area Four. Wetland determination data sheets are included in Appendix A. Sample plot locations and wetland boundaries are shown in Figures 6 through 9. Wetlands are defined as areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. In other words, wetlands typically display hydrophytic (wetland) vegetation and hydric (wet) soils, and normally experience wetland hydrology (ponding or near-surface saturated soils) for at least 5 percent of the growing season (typically 12 days or so for this region). The growing season is generally defined as March 1 through October 31 for this region, but may vary annually. Disturbed areas require additional effort and research to confirm the three wetland parameters (disturbed areas do not automatically become non-wetland just because of the disturbance). Reference material used in this study included Reed's National List of Plant Species that Occur in Wetlands: Northwest (Region 9) and the 1993 Supplement to this list, where the indicator status of wetland plants are listed. These indicators include: I Fishman Environmental Services Project 97126 Page 5 t 1 1 I I OBL FAC W FAC FACU UPL, NOL NI Obligate wetland (almost always occur in wetlands) Facultative Wetland (usually occur in wetlands) Facultative (equally likely to occur in wetlands or non-wetlands) Facultative Upland (usually occur in non-wetlands) Upland, Not Listed (almost always occur in non-wetlands) Fanno Creek Trail Wetland Delineation March 31, 1998 I No Indicator (insufficient information available or plant is widely tolerant) Soils are described with standardized color chips (Munsell Soil Color Charts, Kollmorgen Corporation, 1990 revised edition) of hue, value, and chroma and by texture (sand, silt, clay, loam, muck, peat, etc.). Other materials used in this study are included in the Reference section. 1 3 WETLAND AREAS t 1 1 A total of eleven wetlands were delineated in the vicinity of the proposed trail in the four site areas. Both emergent and mixed emergent/forested wetlands were present. Wetlands were located on both the east and west sides of Fanno Creek. Fifteen sample plots were examined to document site conditions; their locations are shown in Figures 6 through 9. 3.1 Area One - Fowler School Site The Fowler School site contains a mixed emergent/forested wetland (Wetland 1) associated with Fanno Creek which extends west of the creek across the majority of the site. The emergent wetland in the western portion of the site is dominated by reed canarygrass and meadow foxtail. Small amounts of quackgrass and vetch are present, as well as scattered Douglas' spirea, ornamental hawthorn and Himalayan blackberry. The forested wetland is located nearest to the creek in the southern portion of the site. Dominant vegetation includes Oregon ash, willow, Douglas' spirea, reed canarygrass, and smooth scouring-rush. Two sample plots document wetland site conditions and are discussed below. Sample Plot 2 was located in the northeast portion of the site, on the west side of Fanno Creek. Vegetation was dominated by reed canarygrass and meadow foxtail. Soils were a very dark grayish brown (IOYR 3/2) silty clay loam with no redox concentrations to 6 inches. From 6 to 16 inches, soils were a very dark gray (10YR 3/1) stiff clay with brown (10YR 5/3) redox concentrations, oxidized root channels, and gley starting at 16 inches. Soils were saturated to 4 inches from recent precipitation. Plot 2 was determined to be wetland based on a predominance of hydrophytic vegetation, low soil chroma of 1, and hydrology. Fishman Environmental Services Project 97126 Page 6 1 1 • • Fanno Creek Trail Wetland Delineation March 31, 1998 Vegetation at Sample Plot 4, located in the northwest portion of the site, was dominated by meadow foxtail, with small amounts of quack grass and ornamental hawthorn and trace amounts of vetch and Himalayan blackberry. Soils were a very dark gray (IOYR 3/1) silty clay loam with dark yellowish brown (lOYR 4/4) redox concentrations and oxidized root channels. Gray (IOYR 5/1) depletions were present at 14 inches. Soils were saturated to the surface, and depth to free water was 0.5 inches. Plot 2 was determined to be wetland based on a predominance of hydrophytic vegetation, low soil chroma of 1, and hydrology. The wetland area extends upslope to the west in the northern portion of the site. The wetland boundary was not flagged in this portion of the site; the boundary was only flagged in the vicinity 1 of the proposed trail. There may also be wetland pockets upslope to the north of the wetland boundary, where there are openings in the Himalayan blackberry and black hawthorn canopy and meadow foxtail is the dominant vegetation. ' Uplands located adjacent to the wetland area were dominated by reed canarygrass, meadow foxtail, tall fescue, bluegrass, rose, Himalayan blackberry, and black hawthorn. A ball field is located in the southwest portion of the site which consists of fill soils planted with bluegrass species. The ball field ponds water on the surface from recent precipitation, but soils lack hydrology indicators below the surface horizon. No sample plots were located in the ball field. Four sample plots document upland conditions and are discussed below. Sample Plot 1 was located in the northeast portion of the site in a fill area at the top of slope. Vegetation was dominated by meadow foxtail with small amounts of reed canarygrass and Himalayan blackberry. Soils were a very dark grayish brown (IOYR 3/2) silty clay loam with faint redox concentrations to 16 inches. Soils were saturated to 4 inches from recent precipitation. Although Plot 1 met the vegetation and hydrology criteria, Plot 1 was determined to be non-wetland based on soil chroma of 2 with only faint mottles. ! Vegetation at Sample Plot 3, located approximately midslope in the north central portion of the site, was dominated by meadow foxtail, with small amounts of reed canarygrass and tall fescue, and a trace amount of vetch. Soils were a very dark grayish brown (IOYR 3/2) silt loam with no redox features to 5 inches. From 5 to 9 inches, soils became a dark brown (7.5YR 3/2) silty clay loam with faint redox concentrations. Soils were a dark brown (lOYR 3/3) silt loam with faint redox concentrations from 9 to 14 inches. Soils were saturated to 5 inches from recent precipitation. Although Plot 3 met the vegetation and hydrology criteria, Plot 3 was determined to be non-wetland based on a high soil chroma of 3. Sample Plot 5 was located in the northwest portion of the site. Meadow foxtail, Himalayan blackberry, and ornamental hawthorn dominated the vegetation. Trace amounts of sword fern and ' vetch were also present. Soils were a very dark grayish brown (IOYR 3/2) silty clay loam with dark brown (7.5YR 4/4) redox concentrations and oxidized root channels to 5 inches. From 5 to 12 Fishman Environmental Services Project 97126 Page 7 1 REFERENCES Fanno Creek Trail Wetland Delineation March 31, 1998 Environmental Laboratory, 1987. Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1. U.S. Army Engineer Waterways Experiment Station, Vicksburg, Miss. Fishman Environmental Services, 1995. City of Tigard Local Wetlands Inventory "Offsite Option" and Wetlands Assessment. Hitchcock, C.L. and A. Cronquist, 1973. Flora of the Pacific Northwest. University of Washington Press, Seattle. Kollmorgen Instrument Corporation, 1990 revised edition. Munsell Soil Color Charts. Baltimore. Reed, P.B., Jr., 1988. National List of Plant Species that Occur in Wetlands: Northwest (Region 9). U.S. Fish and Wildlife Service Biological Report No. 88 (26.9). Reed, P.B., Jr., et al., 1993. Supplement to List of Plant Species That Occur in Wetlands: Northwest (Region 9). USDA SCS, 1982. Soil Survey of Washington County, Oregon. United States Department of Agriculture, Soil Conservation Service in cooperation with Oregon Agricultural Experiment Station. USDA SCS, 1989. Hydric Soils in Washington County Area, Oregon. US Department of Housing and Urban Development, 1982. Flood Insurance Rate Map, City of Tigard, Oregon, Community-Panel Number 410276 0003 B. USDI Fish and Wildlife Service, no date. Beaverton, Oregon National Wetlands Inventory map. 1:58,000 CIR, 8/81. USGS, 1961, photorevised 1984. Beaverton, Oregon 7.5' topographic quadrangle. Fishman Environmental Services Project 97126 Page 12 Fanno Creek Trail Wetland Delineation March 31, 1998 6 SITE DATA SHEET Project Name: Fanno Creek Trail Project Number: 97126 Staff: C. Mirth Walker, Christie Galen & Stacy Benjamin Site Visits: January 6 & 16, February 4 & 5, 1998 Applicant: City of Tigard Contact: Duane Roberts, Planner 13125 SW Hall Blvd. Tigard, OR 97223 (503) 639-4171 fax 684-7297 Location: Four site areas: Fowler Middle School, SW Grant Street, Dolan property/ SW Main Street, and SW Ash Avenue right-of-way, all located along Fanno Creek, west of SW Hall Boulevard and south of SW Tigard Street in Tigard, Oregon. County: Washington Adjacent Stream: Drainage Basin: Fanno Creek on site Fanno Creek is a tributary to the Tualatin River Flood Plain: Yes, all four site areas are in Zone A3 (areas of 100-year flood) and Zone B (areas between 100- and 500-year flood) on City of Tigard FEMA/FIRM map Community Panel Number 410276 0003 B (revised 3/1/82) Topography: Elevation of the sites is generally level and ranges from approximately 140 to 150 feet, with steep 10 foot banks sloping down to Fanno Creek. Soils: (13) Cove silty clay loam (hydric) and (30) McBee silty clay loam (hydric Cove and Wapato inclusions) Vegetation: Emergent and forested wetlands, and a variety of upland vegetation communities _ T/R/S: T IS / RI W / Section 34, SE '/4, T2S / R1 W / Section 2, NE '/4 & NW '/4 Proposed use: Recreational, undeveloped Present use: Undeveloped Past use: Undeveloped Surrounding, areas: Residential, commercial Determination: 11 wetland areas delineated and surveyed; trail alignment will avoid 1 wetlands where feasible Fishman Environmental Services Project 97126 Page 13 1 • i 1 1 1 t 1 1 1 1 LEGEND j Fanno Creek Trail Area 1 - Fowler School Site DRAWN: S. Benjamin Area 2 - SW Grant St. Site Wetland Delineation APPROVED: M. Walker Area 3 - Dolan Property/SW Main St. Site Area 4 - SW Ash St. Right-of-Way Site DATE: March 1998 SITE LOCATION MAP SCALE: I inch = 2,000 feet Conwhants m ecology and O natural mope went Figure # 1 Source: USGS Beaverton, Oregon Topographic F""° E'"h venutes 5 e 3 ~ru ` F Nw Sixth A"nen . tmi Boa Quadrangle, 1961, photorevised 1984 5r~5 Portla .Oregon 972093600 Project # 97126 j.~ Q ~NIVY f~ R3ovvZ - 0 J ~ ` ~ ) reen a - 'l+r • 3 r'E fpg.mlyl ,Z Vic; `'T I ' ? t - ' F* 1: 1 Ke r mly 11!54 ~ . '1• Z+%•r' X00 Ow - ~ p,F01 ~•;Z.-hhr- may, \ , OOj i F.O~ i/' ' 3';--• P,~.~.~~'•.: A.\~, .:F w•1e• ..1:. p CJ s. r~,1; ' :•~,P. Vx` i;'+n ~c f.r...t,• ~..~i•%I ::<4?' ,1 _y, - ~'•C ; r,t • - ( 4. .PF~Qt:.~~','R t Antti:inR:.- ;~/.:.~~~lP=-1 J .,,}1'/ ~O i ~1 0" y. •fe~• QIEMIY... Cch~ EM . r I l{•. '%2~ 1!'~~~': i.✓ )i 2. 'fF±®~~I'i•aCe f ' 1 J f r=' ij; {~f':.. ~Z50 ~J • offV'S~ o ~~ti q_ F01`(p - K3M J i _-a 1 REM - ~Y _+~-!~/'1 ~ 'I'~,•.•'' y;l i/ ~r 1 -1,-+0.1 r;1 • •l i_:, ~ - •-1~ \ 1;,+,~'~\~/' /f~. •'7 _ ~/-~l•rj,~i`~~'~ Q'1'' ~ - lyi% ~l -L,r` v~lc%i' !Boni N OR i ~ ~ ```l ^ _ yr7;!•, ^ ~ F { « IEX i r i i 11 , i ~ J,// r•/~/;~~ ~ 12 yt . K.b` h r,l/f/ r L J„~~•!1: j.~' ' ~ c ~i' :i ~C~ i//~ ~ ~ II •fl L 'L;'~ fi~•'/j - iy ~~J '-r.`, - ~.-.H _ yhQO • ~ : ~:I 400 Is .209 -30 LEGEND R30WZ - Riverine, upper perennial, open water, ® Fanno Creek Trail intermittently exposed/permanent DRAWN: S. Beniamin PEMI W - Palustrine, persistent, emergent, APPROVED: M. Walker Wetland Delineation intermittently flooded/temporary PFO 1 W - Palustrine, broad-leaved deciduous, forested DATE: March 1998 NATIONAL WETLANDS INVENTORY MAP intermittently flooded/temporary SCALE: 1 inch = 2,000 feet c•n.utmnu in ecology and o natural , ore Genf Figure # 2 Source: USFWS Beaverton, Oregon NWI Quadrangle, 0 ,,A-„ Fishn=Envimnrnental Service ,000 CIR, 8/81 ~rup . 434 NW S xth Avrn . Suite 0 704 Project # 97126 °lyt~ \ Portlwxi. Oregon 9)2209.367600 1:58 J (503)224-0333 f i • e t 1 1 1 t 1 1 1 f LEGEND Fanno Creek Trail 13 - Cove silty clay loam (hydric) DRAWN: S. Beniamin Wetland Delineation 30 - McBee silty clay loam APPROVED: M. Walker (hydric Cove & Wapato inclusions) DATE: March 1998 SOILS MAP SCALE: 1 inch = 1,667 feet Coasaltana to ecology and O nawml tetoatee management Figure # 3 F=- Environmental Services Source: USDA SCS Soil Survey of Washington County, o ""t { Pan;ne w ix1hM 7209600304 proect # 97126 Oregon, 1982, sheet 44 (503)224-0333 SOI ITIIW1 ST TIGARO ST ZONE B > a ZONE Pty _ ) ZONE C N ZONE B- ZONE B ZONE At I ZONE Al \ 50 . ` 0 .*K ZONE B ('ltl: A' SOUTHWEST I TIEDEMAN-- ' t s STREET T,S, ZONE B ZONE C ~ r - - 1 CLYDESDALE P CORPORATE UmirS ZONE 1 1! PQ ~ I NEP ( l` _TT ~ J / CT t" ZONE B LN N w \Rp co m > L a N a, N MEADOW STIIEEI `fOL a, ~ l 'ONEB KATHERINE STREET" CA C ' G o <U T I `'4q0 COMM ZONE B Fq G ~ 4 Sly ~ r SP po R ~ ST S FT f t SaFOO,I- c LTHK'F II i~r' ^ ~ SOJS~~~S Cp~~F Sl R ,o C ZONE B a` OyY E B 9Q'OP Q, SO o , N `Sl ti ~C,Y ~QP~ FRjrF / S~. sT i//!^ BG 1 aM3 Rtiyq B ZONE SW o) DELL CT Cn L Z O Y Q SW PARK 3 ST LEGEND 0 Zone A3 - Areas of 100-year flood, base elevations determined DRAWN: S. Benjamin APPROVED: M. Walker Zone B - Areas between the limits of the 100-year flood and 500-year flood DATE: March 1998 SCALE: 1 inch = 800 feet Source: Flood Insurance Rate Map, City of Tigard, Oregon, 1982. Community Panel Number 410276 0003B ^l/ ZONE B J4' P5~ oy P,~2 \ Pal ~ der n n ,J.P Fanno Creek Trail Wetland Delineation FLOOD PLAIN MAP Consultants in ecology and natural resource management Figure # 4 tl^ Fishman Environmental Services " MAN ~ 434 NW Sixth Avenue • Suite 304 Portland, Oregon 97209-3600 Project # 97126 (503)224-0333 1 1,11'..1... / T_ 1, i ~~!aha~~ i .g~L 1 5 s ~a 42 I. , c' 10 \ w4j .1 1. P.rtK.- J raj / / ~ 1 -C.._% I- ~ 7 Se . / ~ ~ '~y ~ lam" H ~ Sj,;~' ♦ s ~ ~ . ~ ~ 1 is d-' " ~..-L' ~ (i• .~~~;~J _ . -lam ~ • • Trail ~ wetland ~elinea~'ion _w~ S- $en~amin TW`_ r rwi~J~t 1` LEGENE D,~!wN ~i li,~•" M. Walker ~r AL Y AppROVED' _ ~LOe S # Wetlands h 1998 TY~ Fl ..rte lei (DATE ~ Mara roX 700 feet' Co",ut.a'"! ruowc~e mnma mt s"v` 3~ Streams E. inch - aEp o _ 43 tiW 5,)Ob un 9 209 )t 00 PLO~eCt # - - SCA.r. ~tinAN Porllntd• QRB ljnit Boundary ~g (so3Z 0333 Resource invey ssensr; nt' 1995 i r'ity of Tig?ra and Wetlands A ACAS "<~_~_~~(11//rrrr....~''yy'kyy'''``"", ,~~:NO-~e..m ' j - cM,q~y 0 25. ,s_,~ J2 = ~ya7 ! t ,'~'e.Pe[n \ ~ ` _ _ _ .9 ` ~_"!r~" s[c. cDnN ~ ,cv ar eMrz~\~'•~..~. Y _ ~ ~ ~!1' doN .w \ ~vxtin io wsrv+e• ,9+[t N•I!~`~ •NM ?`t'om I T OS f ` \ YMKVt ~ Jl 1 i 1 1 J\\ 1 )le' aw em i I ' i ~ =De~cc nz iiir ) oT / 1 \ \ i Tor d e..n<-~ 1 a C e~Y+~ 3-4 3" VrCED, YAS>• ,Y.,YAS! 0+(T76"()Y9, O~i'.,O'.,e•A4t O ~O• •e'•e'ASM fn^ T ♦RL t/1Jlr_3J ()H'Ss~ss, aus,[n rw+Yo,T~ e'Yn.[ •ti ,C(17e'(2O -/71. 'te•~t0'(1I A~ tp ()Y'.. W~ c. ' ~ r t tal s',x'AS+ O \ V it tx (tRD'SsSAq' u eM. ` ua war- f O ~ ~ weua~ ~ -[~adT ` ZDN ' ~ tR~ u'AR Wi~ ~ 1, sC®.u ~.•[xoY .._t~ a ~ i~,, d ~otn toNTea~' ~ ^ ,•D ara, 'or cwma~' eAlx G ' Cam' ji t! / PLO 7rQ~,, Vi TdNANF ,YYMti s-s PLOT Creek Trail ~letland DelineatDRAWN: S. Ben+anin Fanno FOW,L R SCHOOL SITE . Z~y DRAW AREA ONE - PL LEGEND, M. Walker MAP AND SAMPLE APPROVED: March 1998 OT LOCATIONS WETLAND project # 97126 pA1B: As shown Figure # 6 SCALE: . T David Evans & Associates, Inc. 2/10/98 WETLANDOTERMINATION DATA SHEET - 187 MANUAL 1- Project #:~~la(oSite: FOL-Ae,,r SCJ c,01 Arca1County:waskir-07~ State: GQ Date:aJ5/g8 Plot: I Applicant/Owner: Gih}u o~ Tro)24-A Sect.(1/4)311SE Township 15 Range/LJ Wet /IUD) Plot Location: -r:rll arca a~~zc~~t 4-0 brr, ate, +np S)aPe Topographic Location: kLAe-,,r►,ooKS -L a~ pr SSi~S ' Do normal environmental conditions exist?® N Explain: Are soils- vegetation- hydrology- significantly disturbed? 0 Explain: 60 t t e t VEGETATION *Dominant Plant Species % Cover Ind. *Dominant Plant Species % Cover Ind. Herb Stratum total cover: 1(5 ft. radius) Shrub/Sapling Stratum total cover: 1(5' rad.) @ AloAcc-e-A ~O FACW 1. Rubu3 -c ',5coI o r -lam F-Acu 2.. P e a l arrS r.a cr~acea 1 c) 2. 3. 3. 4. 4. 5. 5. 6. Tree Stratum total cover: ) (30 ft. radius) 7. 1. 8. 2. 9. 3. Remarks: Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-):__~1 = 140°70 Hydrophytic Vegetation Criterion Met? YES NO NWI Class SOILS Mapped unit name:&we _Sib:L4 C I_Inan. Matches Profile? Y N Taxonomy: Uc_ra-; G Ra01r? QIAnIIS Drainage Class: , Depth Horizon Matrix Color Mottle Abund., Size, Color, on Pores/Peds? Texture, Struct., Other Histosol Reducing Conditions (test) Histic Epipedon Gleyed Sulfidic Odor Mottled (w/i 10") Prob. Aquic Moisture Regime Concretions (w/i 3", >2mm) Remarks: So f 13 b ec :r•,P 10YQ 3/3 ti t i5 ' S o c n PA Hydric Soil Criterion / Indicators Met? YES NO HYDROLOGY Hi. Organic Cont. Surf. Layer Organic Streaking Organic Pan On Hydric Soils List Depth of inundation: Depth to free water: Depth to saturation: 0 " seeps: 1 ° Indicators 2° Indicators 2° Indicators Inundated Oxidized Root Channels in upper 12" Local Soil Survey Data Saturated in upper 12" Water-stained leaves FAC-Neutral Test Water Marks Recorded Data Available (aerials, gauge)? Explain: Drift Lines Other: Sediment Deposits Remarks: Sur•, t;~, ~u Um~~ DiYai-icn Drainage Patterns Wetland Hydrology Criterion / Indicators Met? YE NO DETERMINATION: Is this plot a Wetland? YES 10 Comments: Determined by: ~D~1 \~/a(~Y ~t' _~~~a~,~►~ Fishman Environmental Services rev.9/97 ' WETLANOETERMINATION DATA SHEET 07 MANUAL IJ--Z- Project #:q71a(o Site: FcX.Jlt-r SG I -Arta ~ County:U- r-No -o-, State: 0Q. Date: W5118 Plot: a Applicant/Owner:Gi+t..t oL Tio,ard Sect.0/4) 34 SE , Township_I S Range IGJ (W~et / Uo Plot Location: o~ Plo4- 1 Topographic Location: - 3' '6C~11 ct,J P/0}-1' ('I Do normal environmental conditions exist? ON Explain: Are soils- vegetation.- hydrology significantly disturbed?® Explain: VEGETATION *Dominant Plant Species % Cover Ind. *Dominant Plant Species % Cover Ind. Herb Stratum total cover)00 ) (5 ft. radius) Shrub/Sapling Stratum total cover: ) (5' rad.) to b fA cw 1. p/kl ooe~,rUsc,s, Jo F 2. 3. 3. 4. 4. 5. 5. 6. Tree Stratum total cover: ) (30 ft. radius) 7. 1. 8. 2. 9 3. Remarks: Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): a/,;I = 10010,6 1 Hydrophytic Vegetation Criterion Met? ES NO NWI Class PEM SOILS Mapped unit name: Colo 3i41' GI ar., )o arm Matches Profile? Y N Taxonomy:_,) r r-w G ) aotaol~S ' Drainage Class: ooor lu tea; C,,fA Depth Horizon Matrix Color Mottle Abund., Size, Color, on Pores/Peds? Texture, Struct. Other IOyQ 3/D r,~ rr,%c ,S , S, cL C cry, - rn 16 (5/3 ~ Cyl / (0 L-) R G S5 ' G/ a4' Histosol Reducing Conditions (test) Hi. Organic Cont. Surf. Layer Histic Epipedon Sulfidic Odor JGleyed Mottled (wh 10") Organic Streaking Organic Pan Prob. Aquic Moisture Regime Concretions (wh 3", >2mm) On Hydric Soils List Remarks: ' Hydric Soil Criterion / Indicators Met? ~ NO HYDROLOGY Depth of inundation: Depth to free water: Depth to saturation: 0 " seeps: 1 ° Indicators 2 ° Indicators 2 ° Indicators Inundated Oxidized Root Channels in upper 12" Local Soil Survey Data Saturated in upper 12" Water-stained leaves FAC-Neutral Test Water Marks Recorded Data Available (aerials, gauge)? Explain: Drift Lines Other: Sediment Deposits Remarks: Drainage Patterns Wetland Hydrology Criterion / Indicators Met?( B) NO DETERMINATION: Is this plot a Wetland? (VIE-S) NO Comments: WL b oc~r\aa~~ -~1 ao, ~~o e o (~Ca(1~ ' Determined by: 0RW t56 - - - Fishman Environmental Services rev.9197 ' WETLANDOTERMINATION DATA SHEET - 117 MANUAL _1-3 Project #:9_')._4 Site: Fo~l~ SCJ wi Ata-1 County:WZ 3,i moan State: OR Date:a/511~6 Plot: 3 L Applicant/Owner:~O_C Tf02ar~ Sect.(1/4)311 3 6" TownshipjS Range IW Wet /(IJD Plot Location: 300 lam' c4 Plod 1.: 15 '/U o-f LiL 6oc,~r~ i ~I , q Topographic Location: 01 ; d(.~zC r (~D S)40~ Do normal environmental conditions exist? (Y)N Explain: Are soils- vegetation- hydrology- significantly disturbed? ©Explain: 11 11 t 11 VEGETATION *Dominant Plant Species % Cover Ind. *Dominant Plant Species % Cover Ind. Herb Stratum total cover: 100 ) (5 ft. radius) Shrub/Sapling Stratum total cover: 1(5' rad.) ~~Iq~eGC.+tz.tS f)fa-l erSi S _Pn FACW 1. 2. N.> 1 zn :S a ru r~~' n a_c ea .1(-) FACW 2. 3. Fe si-r,AGa a<Zi A*4p _-_,~-cea. ID E4C - 3. 4. V r C,'a SD - 4. 5. 5. 6 Tree Stratum total cover: 1(30 ft. radius) 7. 1. 8. 2. 9. 3. Remarks: Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): III = IUO C7b Hydrophytic Vegetation Criterion Met? ES NO NWI Class SOILS Mapped unit name: CoUtf- SPHtA U ,-tl~ )naM Matches Profile? Y N Taxonomy: ~er+fC Ila Drainage Class: Poor)U Ara; r1c-A lor Mottle Abund., Size, Color, on Pores/Peds? Texture; Struct., Other Depth Horizon Matrix o 9 0-5 ,0 Y ~/a r o -,0+4 s S r L, ..5-9 3. 5 ~R 31a ec rr-,e . _ T a " 1 y IDYR 3/3 4c.J., ~E la; ► moN-S Si L Histosol Reducing Conditions (test) Hi. Organic Cont. Surf. Layer Histic Epipedon Gleyed Organic Streaking Sulfidic Odor Mottled (wh 10") Organic Pan Prob. Aquic Moisture Regime Concretions (w/i 3", >2mm) On Hydric Soils List Remarks: Hydric Soil Criterion / Indicators Met? YES H0 vnunr nr_v , it l\V 1 l V■ Depth of inundation: Depth to free water: Depth to saturation: O-S seeps: 1 ° Indicators 2° Indicators 2° Indicators Inundated Oxidized Root Channels in upper 12" Local Soil Survey Data .Saturated in upper 12" Water-stained leaves FAC-Neutral Test Water Marks Recorded Data Available (aerials, gauge)? Explain: Drift Lines Other: Sediment Deposits Remarks: Sa~r.~~a+;a. U • o~~i 4a l;m Drainage Patterns Wetland Hydrology Criterion / Indicators Met? ES NO DETERMINATION: Is this plot a Wetland? YES O I " ~ Comments: z+ 6o1}cr--,~ ,5)c e 6-cc es loo Z' 3b c ._r•,e oe y I yca~,. e 4.5 W yJN Determined by: e,'.M,W +Sg Fishman Environmental Services rev.9/97 1 1 1 1 1 1 1 WETLAND*TERMINATION DATA SHEET - # MANUAL 1-YL Project #:%I Site: Fou_I~r SGI- l ~'za,_ County: l~la.S~~r•o -r, State: 012 Date: QZ5ha Plot: / Applicant/Owner: 0 roiarl~ Sect.(1/4)2 SE' Township IS Range 16J lWeb/ Un Plot Location: UJe.S+err, Qer~a. <4 Topographic Location: r, e ac" I~O}~CrY~ S )oOc°. Do normal environmental conditions exist?©'N Explain: Are soils- vegetation- hydrology- significantly disturbed? Explain: VEGETATION *Dominant Plant Species % Cover Ind. *Dominant Plant Species % Cover Ind. Herb Stratum total cover: SOD (5 ft. radius) Shrub/Sapling Stratum total cover: ,5 ) (5' rad.) 1._,41o r~~c.~ rz cS D( _S 96 QGI,J 1.C.f~eo r.t~ rY,cr,no,Una 5 -EA-c-<.A + 2. Aa ra res-, Cr; 0(f4 ,S _ 0 fAC- 2. Ru_~uA' a.; scaor- r ' 4-f _,A-('J A 3.'{~ra -b- 3. 4. 4. 5. 5. 6. Tree Stratum total cover: ) (30 ft. radius) 7. 1. 8. 2. 9. 3. Remarks: Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-):__~6 = IOI~ ~o Hydrophytic Vegetation Criterion Met? NO NWI Class PtM SOILS Mapped unit name: GAX- S i AtA C l a l )oar•, Matches Profile? Y N Taxonomy: Verl;G t'_olac4tar;11_S Drainage Class: Poorlca ~~;►-~.-1 Depth Horizon Matrix Color Mottle Abund., Size, Color, on Pores/Peds? Texture, Struct., Other 014, IQ 3/1 < - tt w IDYR5/I(T8 oPG SiGL Histosol Reducing Conditions (test) Histic Epipedon Gleyed Sulfidic Odor .Mottled (wh 10") Prob. Aquic Moisture Regime Concretions (wh 3", >2mm) Remarks: Hydric Soil Criterion / Ir..dicators Met? ES NO HYDROLOGY Depth of inundation: - 1 ° Indicators Inundated Saturated in upper 12" Water Marks Drift Lines Sediment Deposits Drainage Patterns Hi. Organic Cont. Surf. Layer Organic Streaking Organic Pan On Hydric Soils List Depth to free water: O-~ Depth to saturation.0 --16 N seeps: 2° Indicators 2° Indicators Oxidized Root Channels in upper 12" Local Soil Survey Data Water-stained leaves FAC-Neutral Test Recorded Data Available (aerials, gauge)? Explain: Other: Remarks: Wetland Hydrology Criterion / Indicators Met? (9~) NO DETERMINATION: Is this plot a Wetland? WES~ NO Comments: L,,xC+1Z~r.a C4r.-1;rrc~C-_S +0 A,- Determined by:_C-MVU f !5g Fishman Environmental Services rev.9/97 ' WETLANATERMINATION DATA SHEET -67 MANUAL ~L'> Project LJJJ Site: FctiIeL,5d,cx~il -kcas County: l~as),~r.orla, State:OQ_ Date:a 8 Plot: /J ' Applicant/Owner:C~ o.~~1'oJarQl Sect.(1/4)3k SF Township IS Range !lam Wet / 10 Plot Location: 30' /0 o4 PIo+ 4, lo'N of WL b n~ t a Topographic Location: I ~ LA QSIODe a-i- P) C+ y ' Do normal environmental conditions exist? (2) N Explain: Are soils- vegetation- hydrology- significantly disturbed? ® Explain: 1 1 1 VEGETATION *Dominant Plant Species % Cover Ind. *Dominant Plant Species % Cover Ind. Herb Stratum total cover: /GYM ) (5 ft. radius) Shrub/Sapling Stratum total coverJoA ) (5' rad.) Q1 ALQPCC(_An.,31' Q-• -s k loo ~Acli(C) RtAL .cs ,,sc-olor- 8b -E4CLA 2. V(( ;a SP- 4-J' OC_ra,4- s r u,o,t ,a -EAC i 3.P0lull; GI ~c~r~ ►-*,u n _ 4-r EAUA 3. 4. 4. 5. 5. 6. Tree Stratum total cover: 1(30 ft. radius) 7. 1. 8. 2. 9. 3. Remarks: Percent of Dominant S-:)ecies that are OBL, FACW, or FAC (excluding FAC-): V3 = 33'70 Hydrophytic Vegetatio.a Criterion Met? YES NWI Class SOILS Mapped unit name: C c~ S ii GI ~~l aar• , Matches Profile? Y N Taxonomy:.? er G "laatAv1_LS Drainage Class: Poorlca Depth Horizon Matrix Color Mottle Abund., Size, Color, on Pores/Peds? Texture, Strict., Other o-3 /0 Y23/a 4/4 -rew 6QC 5;6L 5-):) 0 9 4/I_. r_~,Y.: r•~~-curse -4_5Y12 4/4 S i GL Histosol Reducing Conditions (test) Hi. Organic Cont. Surf. Layer Histic Epipedon Gleyed Organic Streaking Sulfidic Odor X Mottled (w/i 10") Organic Pan Prob. Aquic Moistu:-e Regime Concretions (w/i 3", >2mm) On Hydric Soils List Remarks: Hydric Soil Criterion / Indicators Met? NO HYDROLOGY Depth of inundation: Depth to free water: Depth to saturation: U - ID " seeps: 1 ° Indicators 2 ° Indicators 2 ° Indicators Inundated X Oxidized Root Channels in upper 12" Local Soil Survey Data Saturated in upper 1 Water-stained leaves FAC-Neutral Test Water Marks Recorded Data Available (aerials, gauge)? Explain: Drift Lines Other: Sediment Deposits Remarks: Drainage Patterns Wetland Hydrology Criterion / Indicators Met?(VE__~) NO DETERMINATION: Is this plot a Wetland? YES (0 Comments: Mares be - ~ I ar._a pc)c.)4 4-o -)cry, Determined by: ('JAW °f l7g Fishman Environmental Services rev.9/97 IVETLANATERMINATION DATA SHEET - 07 MANUAL Project TML Site: &w):r SG,l oc~~ Afca~ County: LiJ -Sking7b:n State: OR Date: 01514b Plot: Applicant/Owner: C ~Ftd C.~4 Tro, Sect.(1/4) 3~ SE Township-15 Range 1w Wet /a Plot Location: SotA+ cd 5i4,--, SouA. -lbo' UJ o_L ro Topographic Location.: Do normal environmental conditions exist?o N Explain: Are soils- vegetation- hydrology- significantly disturbed? WExplain: ' VEGETATION *Dominant Plant Species % Cover Ind. *Dominant Plant Species % Cover Ind. Herb Stratum total cover: lob ) (5 ft. radius) Shrub/Sapling Stratum total 1 C gs~.~ 86 FAGL~IaL~Ubc.~s,•sc cover: 16 ) (5' rad.) -,:)L - _to -EACY-A EAC-- 2. 3' 3. 4. 4. 5. 5. 6. Tree Stratum total cover: ) (30 ft. radius) 7. 1. 8. 2. 9. 3. Remarks: Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): +/3 = 33,76 ' Hydrophytic Vegetation. Criterion Met? YES t~ NWI Class SOILS Mapped unit name: Co,rt_- Si I t_A 0a, Matches Profile? Y N Taxonomy: Unr4r_ a `c +o~l C ' Drainage Class:- 00'r I(-,/ Depth Horizon Matrx Color Mottle Abund., Size, Color, on Pores/Peds? Texture, Stiuct., Other a -10 /0, R 31D no r--,&4,S _5T), t . Histosol Reducing Conditions (test) Hi. Organic Cont. Surf. Layer ' Histic Epipedon Gleyed Organic Streaking Sulfidic Odor Mottled (w/i 10") Organic Pan Prob. Aquic Moisture: Regime Concretions (w/i 3", >2mm) On Hydric Soils List Remarks: Hydric Soil Criterion / Indicators Met? YES 10 HYDROLOGY Depth of inundation: Depth to free water: Depth to saturation: seeps: 1 ° Indicators 2° Indicators 2° Indicators ' Inundated Oxidized Root Channels in upper 12" Local Soil Survey Data Saturated in upper 12" Water-stained leaves FAC-Neutral Test ' Water Marks Recorded Data Available (aerials, gauge)? Explain: Drift Lines Other: Sediment Deposits Remarks: r''-,o i,54- or-,)C4 Drainage Patterns Wetland Hydrology Criterion/ Indicators Met? YES DETERMINATION: Is this plot a Wetland? YES 1 Comments: Determined by: C WA) t"7P) Fishman Environmental Services rev.9/97 1 1 1 1 U_ c s 0 a 0 i 0 a LOWE'S HARDWARE MITIGATION TIGARD, OREGON GENERAL NOTES- i.ALL WORK SHALL BE PERFORMED IN A FINISHED AND WORKMANLIKE MANNER TO THE SATISFACTION OF THE OWNER AND DESIGNER. ALL WORK SHALL BE INSTALLED IN ACCORDANCE WITH RECOGNIZED TRADE PRACTICES, PLANS AND SPECIFICATIONS. 2.CONSTRUCT OR MAINTAIN ACCESS DRNEWAY(S) AS REQUIRED BY WASHINGTON COUNTY EROSION CONTROL GUIDELINESS. 3.CONTRACTOR IS RESPONSIBLE FOR SITE SAFETY, WAYS, MEANS, AND METHODS OF CONSTRUCTION. 4.CONTRACTOR SHALL FURNISH ALL LABOR, MATERIALS, EQUIPMENT, AND TOOLS NECESSARY TO COMPLETE THE SCOPE OF WORK. 5.CONTRACTOR TO FIELD VERIFY LOCATION AND DEPTH OF ALL EXISTING UTILITIES. 6.SOIL TESTS TO BE PROVIDED BY CONTRACTOR AND RECOMMENDATIONS TO BE SUBMITTED OWNER CONCERNING ANY SOIL AMENDMENTS OR FERTILIZATION REQUIREMENTS. 7. DURING INSTALLATION, THE CONTRACTOR SHALL NOTIFY THE OWNER OF ANY CONDITIONS WHICH MAY BE HARMFUL TO PLANT LIFE, SUCH AS POOR DRAINAGE, HAZARDOUS MATERIALS, ETC. THE LANDSCAPE CONTRACTOR SHALL MAKE A RECOMMENDATION TO ADDRESS THE SPECIFIC SITUATION. HALL PLANTS, MATERIALS, PLANTING AND SEEDING ACTIVITIES SHALL CONFORM TO AMERICAN NURSERYMAN'S ASSOCIATION (ANSI). 9.CONTRACTOR SHALL CONTROL ALL NOXIOUS WEEDS INCLUDING BUT NOT LIMITED TO BLACKBERRY, REED CANARY GRASS, PURPLE LOOSTRIFE, AND TEASEL WHICH MAY DEVELOP ON-SITE DURING WARRANTY PERIOD USING MECHANICAL MEANS OR RODEO. NON-CHEMICAL CONTROL OF WEED SPECIES IS RECOMMENDED WHENEVER POSSIBLE. 1O.DIG, PACK, TRANSPORT AND HANDLE ALL PLANTS WITH CARE TO ENSURE PROTECTION FROM INJURY. STORE PLANTS IN THE MANNER NECESSARY TO ACCOMMODATE THEIR HORTICULTURAL REQUIREMENTS. HEEL-IN PLANTS IF NECESSARY TO PROTECT ROOT BALLS AND KEEP THEM FROM DRYING OUT, 11.TREE PROTECTION FENCE AND SEDIMENT BARRIERS SHALL BE INSTALLED PRIOR TO GRADING. THEY SHALL BE MAINTAINED THROUGHOUT CONSTRUCTION. 12.TREE PROTECTION FENCE SHALL BE ORANGE MESH BARRIER FENCE SECURED ON METAL -T" POSTS OR 2' X 4' POSTS 8' O.C. MAXIMUM. APPLICANT: LOWE'S HOME IMPROVEMENT WAREHOUSE 1510 FARADAY AVENUE, SUITE 125 CARLSBAD. CA 92008 CONTACT: STEPHEN GALE (760) 918-0132 OWNER TIGARD TUALATIN SCHOOL DISTRICT 13139 SW PACIFIC HIGHWAY TIGARO. OR 97223 CONTACT: RON HUDSON (503) 681-2235 PLANNING / ENGWEERING: DAVID EVANS AND ASSOCIATES, Inc 2828 SW CORBETT AVENUE PORTLAND, OR 97201-4830 CONTACT: KRISTINA WORD MCKENZIE (503) 223-8883 PROJECT INFORMATION PROJECT SITE N DAKOTA SW TIGARD OVA% WALNUT FOWLER MIDDLE SCHOOL LOCATION MAP NOT TO SCALE WETLAND ENHANCEMENT TABULATION APPROXIMATE WETLAND AREA EXISTING WETLAND (OREGON ASH & WILLOW FOREST COMMUNITIES) AREA SUITABLE FOR ENHANCEMENT PROPOSED ENHANCEMENT (CITY OF TIGARD) PROPOSED ENHANCEMENT (LOWE'S) BALANCE OF WETLAND AREA 1 SHEET INDEX I COWER SHM7 2 EXISITNG CONDITIONS 3 MTIGATION SITE PLAN 4 MnMTION PLANTNG PLAN 7.6 ACRES 3.6 ACRES 4.0 ACRES 0.9 ACRES 3.1 ACRES 0 ACRES :~"_~EROSION CONTROL PLAN 6 CONSTRUCTION DETAILS DAVID EVANS ZMMMM AND ASSOCIATES, l~IIII 2828 S.W. CORBETT AVENUE PORTLAND, OR. 97201-1890 =31 22&8989 Er01N STORM 110 woo 1 1 0 t W I I 1 1 T II I • T.L. 1100 / \ , \ \ GENERAL NOTES, \ 1. LEGAL DESCRIPTION - T.L. 900, T.L.1000 1 S1 34DD CITY OF TIGARD, / T.L. 1200 \ WASHINGTON CO„ WILLAMETTE MERIDIAN. • 2. TOPOGRAPHY - 1' CONTOUR INTERVAL 3. WETLAND DELINEATION - BY FISHMAN ENVIRONMENTAL SERVICES FOR CITY OF TIGARD - FANNO CREEK Jo \ 4. FLOODPLAIN - 100 YR. FLOODPLAIN FIRM FLOOD INSURANCE RATE MAP, CITY OF TIGARD. 4 0 \ O `\S/y WASHINGTON CO. PANEL NO 4102760003 B. MARCH 1, 1982 ELEVATION. T.L. 1300 5. SOILS - WASHINGTON CO. SOIL SURVEY \ / `4\, \ \4,~, A. ALOHA SILT LOAM - LEVEL SOIL 0 SMOOTH TERRACES. RUNOFF IS SLOW. I~ %t49. T.L. 1400 q SOMEWHAT POORLY DRAINED SOILS. PERMEABLITY IS ~:u O \ B \ . \H MODERATELY SLOW. HAZARD OF EROSION IS SLIGHT, \ \ \ WATER SUPPLYING CAPACITY 0 18" - 20". B. COVE SILTY CLAY LOAM -LEVEL SOIL ON fL00DPLAINS. OCCURS ALONG LARGE k T.L. SMALL STREAMS, POORLY DRAINED SOILS, PERMEABLITY i 'i % V F * \ 1500 \ IS VERY SLOW, RUNOFF IS SLOW EROSION IS SLIGHT. WATER SUPPLYING OPACITY IS 20" - 26". ` V IxK K •b wl Spew SON r~ w IAKI d C UIK rENCE 7 WOODEN iCRC i 1ti1•ISCKC :TO METER T.L. 1600 \ j `J \tb \ w \ . \ ' I § \ \ T.L. 1700 . `111 \ ' 1 \ / I R• / i / 0 d 0 / `i ~i T.L. 1800 \ APPROXIMATE I~LOT LINES / . i 100 YR:'FLOODPWN ~ \ A ~ \ EXISTING WILLOW ~f \ I FORF,ST \ fk •ti ~ I ~1 166 L T.L. 1000 EXISTING OREGON 1 ' I 1 I I 1 I I I I 1 I 1 W w I 1 P 1 fA Ip to II1 SfJ~ I 1 I I I I 1 1 • I 1 1 1 1 1 T 1 I I , ASH FOREST ai£ 970' a 3 a T.L. 900 -Y,^•, \ --~D-r~ n n n0 \ WORKOUT -nacss O OF- - \ 1 00483- i 55- \ X 400 YR. FLOODPLAIN 'WORKOUT - - r mnsr r< / FOWLER MIDDLE SCHOOL BALLFIELD ~ TsOF I i, I LAW 9 CKS~ A l WETLAND DELINEATION (BY FISHMAN) < Ld \ w ~ J • W. ° . ` UR fENCE \ Eaniwr / i l Ir OF M \ /i i /<un / I 8080 - / Z u ; • COVE Or ol~'[\^J~~ TRACK a %J 1 g 0 25 50 100 6mmmmmomiiiiI W W q cc ad a 9L = 44C 0 o =M oc W W o C 0 H 3 J W~ a U ;W C CO 0) 4 <a oS; W O .0 ~ 3a Q< mz <z 04 le n< nS x ~ o co i 0 0 6 a ~ o N ~ A {y K ~yi p O 6 [L_ t 1 t t a G N O e 0 ' • 1 a 1 ~ I , + y S•NID 0191 s..1 I ¢ 510W1 3- Wg'W~il 'IW RIY.151 I 0 I I~ xim N 6' E11M1 LM EEMQ I r vxxx N EEMCE I I ~i ' -I I 1 1 1 I W I 1 Vl 1 I I I 1 1 I 1 ~ I 1 • 1 I 1 I 1 I NOTE: APPROXIMATE WETLAND AREA IS DEFINED BY FANNO CREEK ON THE EAST, SUMMER WETLAND ENHANCEMENT LEGEND CREEK ON THE SOUTH, AND THE WETLAND PROPOSED / \ \ DELINEATION LINE ON THE WEST AND NORTH PROPOSED ENHANCEMENT (CITY OF TIGARD) STREAMBANK / LIVE STAKING EXISTING WETLAND TO REMAIN UNDISTURBED 4 + (EAGLE) OREGON ASH FOREST (PROPOSED 2.63 ACRES, EAGLE) \ \ / \~Fp\ I I WILLOW FOREST (PROPOSED 0.19 ACRES, EAGLE) / / I•++ 1 STREAMBANK/RIPARIAN LIVE STAKING / • ~l~N I (PROPOSED 0.18 ACRES, EAGLE) m ' ' 1IA ' 1 -PROPOSED WILLOW/ / • \ ~ i FOREST S \ ^ ,((CITY OF TIGARD . "KAM PROPOSED 0 \ IY 1 g ASH FOREST (EAGLE)' \ s \ OF OVERFLOW CHANNEL. GRADE TO DRAIN. LIVESTAKE BOTH BANKS _ Cf j/ ~I 5' O.C. , SINGLE ROW 1 ri d / 1 \'WNO\\ I, W W I: a I' ::PROPOSED OREGON \ fk \ / . r I ` ~.Y W W W ASH FOREST \ (CITY OF TIGARD) PROPOSED ~J EXISTING OREGON ~41LLOW FOREST ASH FOREST (EAGLE) W W A H c O r,1 o u -4 OUPKENT 155 v ufW'i swx "Is -lAft EOUPYENT V \ \~MET Z k` 31 _ Z PROPOSED SHRUB ENHANCEMENT \ `uw OF (CITY OF TIGARD) PROPOSED TRAIL (CITY OF TIGARD) WETLAND DELINEATION (BY FISHMAN) El(I~TIRC19fLt09~FnREbT-- I I w Ir \ U \ o ' EMI EOItt 4~ 0 25 50 100 z W 9 W OW IL C 40 5 mod s 1 WIc - 49 ul is ~ oi i 3 w~ wn 'url n J<$ w m I, mA a Os; U U WO o 30 ga 'dz Q z na Aa aS fi a 5~= cv) ii-1P t 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0 c 0 0 1 I I PLANT SCHEDULE / \ • TYPE I BOTANICAL NAME/Common Nome J QUANTITY ~ SIZE ~ CONDITION TREES: FRAXINUS LATIFOLN / OREGON ASH'"":' 526 1 GAL. CONTAINER SALIX LASIANDRA / PACIFIC WILLOW 94 1 GAL. CONTAINER I WILLOW AND DOGWOOD SHRUBS: CORNUS SERICEA /RED-OSIER DOGWOOD 352 1 GAL. CONTAINER Q I LIVE STAKING LONICERA INVOLUCRATA / TWINBERRY 140 1 GAL. CONTAINER / 0 25 50 100 PHYSOCARPUS CAPITATUS / PACIFIC NINEBARK 140 1 GAL. CONTAINER ROSA NUTKANA / NOOTKA ROSE 298 1 GAL. CONTAINER CAREX OBNUPTA / SLOUGH SEDGE 7,320 8 CU. IN. STYRO-BLOC PLUG HERBS: CAREX STIPATA / SAW-BEAK SEDGE 910 8 CU. IN. STYRO-BLOC PLUG GLYCERIA ELATA / TALL MANNA GRASS 1,820 8 CU. IN. STYRO-BLOC PLUG ♦ 'b OF~ SCRIPUS MICROCARPUS / SMALL-FRUITED BULRUSH 910 8 CU. IN. STYRO-BLOC PLUG ~ r' / / / \ q • LIVE STAKES: CORNUS SERICEA / RED OSIER DOGWOOD 91 3/4'-2' DUL 2'-2' 1/2' BURIAL / i / • ~l~H SAUX LASIANDRA / PACIFIC WILLOW 91 3/4'-2< DIA. 2'-2' 1/2< BURIAL r♦ ( \ / NOTE: SHRUB SPECIES TO BE PLACED WITHIN 25' OF TRAIL. ♦ ~S I ,y I ' I I I 1 1 1 I 'v I I P I I I VI I I I I ' I I I I i I ' I , e I I I I I I I I I I PROPOSED WILLOW/ _ r f r e♦ f e`_" tt § / FOREST / -,,(CITY OF TIGARDO) ~ ORi GON 'ASH ~r yr l r ~ PLANT COMMUNITY \ - - - - - - - - - - - - - . 1 OF OVERFLOW CHANNEL. s:y d I GRADE TO DRAIN. \ LIVESTAKE BOTH BANKS \ 5' O.C. WILLOW PLANT EXISTING OREGON "~COMM1UNITW y y I 3 ASH FORE$,T < N < N h a ;lam-F~. _ SHRUB ENHANCEMENT 't (CITY OF TIGARD) I W' Y W \ Fi, - - • OREGON ASH / FOREST (CITY OF TIGARD) --I i W W W 4- r W ' W W 'Yi - - . W W W \ WETLAND DELINEATION (BY fiSHMAN) PROPOSED TRAIL (CITY OF TIGARD) ExI"f _%TLT0V FORES>-' - II Y I' W l W o: U ui W 7 I I\ 1 I WETLAND ENHANCEMENT LEGEND Ivy EXISTING WETLAND TO REMAIN UNDISTURBED OREGON ASH PLANT COMMUNITY 2.63 ACRES I WILLOW PLANT COMMUNITY 0.19 ACRES I'r'r1 STREAM BANK/RIPARIAN LIVE STAKING OREGON ASH PLANT COMMUNITY BOTANICAL NAME/Common Nome QUANTITY FRAXINUS LATIFOLIA / OREGON ASH 526 SALIX LASIANDRA / PACIFIC WILLOW 22 CORNUS SERICEA / RED-OSIER DOGWOOD 270 LONICERA INVOLUCRATA / TWINBERRY 95 PHYSOCARPUS CAPITATUS / PACIFIC NINEBARK 85 ROSA NUTKANA / NOOTKA ROSE 146 CAREX OBNUPTA / SLOUGH SEDGE 6,600 CAREX STIPATA / SAW-BEAK SEDGE 800 GLYCERIA ELATA / TALL MANNA GRASS 1,100 SCIRPUS MICROCARPUS / SMALL-FRUITED BULRUSH 790 WILLOW PLANT COMMUNITY LOWE'S BOTANICAL NAME/Common Nome QUANTITY SALIX LASIANDRA / PACIFIC WILLOW I 72 CORNUS SERICEA / RED-OSIER DOGWOOD 82 LONICERA INVOLUCRATA / TWINBERRY 45 PHYSOCARPUS CAPITATUS / PACIFIC NINEBARK 55 ROSA NUTKANA / NOOTKA ROSE 60 CAREX OBNUPTA / SLOUGH SEDGE 620 CAREX STIPATA / SAW-BEAK SEDGE 100 GLYCERIA ELATA / TALL MANNA GRASS 520 SCIRPUS MICROCARPUS / SMALL-FRUITED BULRUSH 120 LIVE SATKES QUANTITY BOTANICAL NAME/Common Nome CORNUS SERICEA / RED OSIER DOGWOOD 91 SALIX LASIANDRA / PACIFIC WILLOW 91 NOTE FOR PLANT NOTES SEE SHEET 6 Z W = p2 W > CC co 0 Q O IL = ~ = W<Q O; P Z O0 M W 3 J w W m o& > O Uo W ai 3 d AQ'i< ¢Z Nap N 6 Q ¢ C S O ~ o 0 0 0 o u i J; g o qe 3 n Y a t 9 f ~yi n o o Ci. 1 J ~ Q 1 1 ' STOW q f Cc am-I 4y5 Yo1O1 w A5P1~LT F sp sa ~r r U rclrt Y SOOOEN FENCE 1 7A i ' 1 1 1 w I I ~ i 1 1 1 'i 1 1 1 1 11 I I 1 I i 3 GRAVEL CONSTRUCTION NOTES• - g ENTRANCE \ 1. EROSION CONTROLS ARE TO BE IN PLACE AND MAINTAINED AT ALL TIMES AND CONFORM TO THE STANDARDS AND REQUIREMENTS SET r' \S FORTH IN THE EROSION AND SEDIMENT CONTROL PI AN TECHNICAL -VIDANCE HANDBOOK, CITY OF PORTLAND, BES, AND UNITED -7 aEE1 ~~bt~~ i \r4°p\ SEWERAGE AGENCY OF WASHINGTON COUNTY (REV. FEB. 1994). 2. EROSION CONTROL FACILITIES SHALL BE CONSTRUCTED IN -WARE iy CONJUNCTION WITH ALL GRADING ACTIVITIES AND IN SUCH A 4&0b, i / NL MANNER AS TO ENSURE THAT SEDIMENT AND SEDIMENT LADEN ART I \ / / WAVER DOES NOT ENTER THE DRAINAGE SYSTEM OF VIOLATE APPLICABLE WATER STANDARDS. THE FACILITIES SHALL BE \ i \ INSPECTED DAILY BY THE CONTRACTOR AND MAINTAINED AS io 9 I V~~ ? r \ 1 BIO-FILTER NECESSARY TO ENSURE THEIR CONTINUED FUNCTIONING. 147.85 BAG TYP. \ 11 147.70 O QQ` ro Cc) \ \ 1 V~ 147.10 147.5 - OIR INED g +t_ _ \ 146.95 VERF OW j ~8 \ t HAN L 6 147.40 4 y 47.25 `I D. UBLE ROW OF 1 146.50 SEDIMENT AND 1 R NOTE: ( / \ E EEPR TEC ION b 116.80 \46.65 \ \ I PROPOSED OVERFLOW 1. \ CHANNEL TO HAVE 5' BOTTOM WIDTH, 2:1 (H V.1 I j SIDE SLOPES, AND DEPTH \ I FROM 1-2% CHANNEL I a(Da~ 46 J5 TO BE LINED WITH \ I\~s BONTERRA C2 OR tl APPROVED EQUIVALENT. t:1 I V, >w ~ G u F i Y Zeelr ~D I al A N A xo \ \ m -ou 0 00 '\-inus~ 8 i\ \ MAW _ •155--'.tw -COUMF IS Or LAII WETLAND DELINEATION (BY FISHMAN) COIR LINED OVERFLOW 1 -tir , EO IPSENT/ OF \ .0 1 v = EOVWXT a < SApISTOP 1 1 Y EOQ Or TRAOC 0 25 50 100 Z W 0 210 o w lc CC cc 00 v O~ d 2_~ a -c ; 41 = og J w a <2 jol >W 6) W m- Q- o~ W p °o 3d CD q< 6z az mq q< n8 x 0 aoo~ i$ Y 8 G ~ iv oy n o n Cz s 0 i is 0 0 BOO-FILTERRt TO BE BUTTED TOGETHER SNUGLY IN LINES ACROSS THE ENHANCED CHANNEL :~;--BKI-fRTER BAG 2' x 2' x J' c;r,a PEG EACH 830-BAG 4 . FLOW SECTIOy x>.«<sx fi~Y'1 16LUZ .4 1. EMBED BAGS 4 TO 6 INCHES. FLOW ` 2. DRIVE STAKES MINIMUM 12' x'"'t 1 INTO GROUND SURFACE EDGE OF CHANNEL PLM yl 810-FILTER BAG 6 NOT TO SCALE FINISH GRADER W ~W NZ= ~z r I o PUDDLE AND SETTLE SHRU b NOT 10 INSTAL. DURING THE DORMANT SEASON (SEPTEMBER - FEBRUARY). CUTTINGS TAKEN AND INSTALLED SAME DAY 4' BERM Jam- / 50/50 MIX OF PREPARED SOIL MAID MUSHROOM COMPOST OR i I APPROVED EQUAL 2 TIMES CONTAINER D4l PgkKFgy MIX PRIOR To sETTINC "US B PLANTING DETAIL SCALE CUT TOP SQUARE FOR EASIER INSTALLATION, PROTECT TOP FROM SPLITTING. INSERT STALE W/ DUDS POINTING UP STAKE TO PROTRUDE A MINIMUM OF TWO LENT NODES MINIMUM BURIAL Y-2 1\2' INTO NATIVE SOIL NATIVE SOIL -I I I-I I I-III°I I I- CUT END TO A POINT FOR EASIER INSTALLATION 67 LIVE STAKE INSTALLATION NOT TO SCALE • FILTER FABRIC MATERIAL 36' WIDE ROLLS MINIMUM. ATTACH TO STAKES. r- TIN. FABRIC REINFORCING NETTING, EXPOSURE IF RECOMMENDED L BY MFG. BURY BOTTOM OF FILTER MATERIAL IN MIN. 6' DEEP BY 6' WIDE TRENCH 2'x2' WOOD POSTS ALTERNATE: STEEL FENCE POSTS, SAYE SPACING 0' MAX. C TYPICAL SEDIMENT FENCE DETAIL 6 NOT TO SCALE A) BURY IN NATIVE GROUND ~A LEAVES AMD ROOT CROWN TO REMAIN UNDAMAGED DURING PLANTING ROOT CROWN LEVEL WITH FINISH GRADE FINISH GRADE Yl, OMPACTE D SUBCRADE LANT ROOTS TO BE STRAIGHT UNDAMAGED BY INSTALLATION PEN PLANTING HOLE LARGE ENOUGH TO MINIMUM BURIAL 6' 3 CCOMMODATE ROOTS. COVER ROOTS INTO NATIVE SOIL WITH SOIL AND LIGHTLY TAMP TO ELIMINATE NR POCKETS N PUNTING HOLE. C6 8 CU IN S1YR0-BLOC PLUG NOT TO SCALE DESIGNATED TREE OR SHRUB RIGID SEEDLING PROTECTOR TUBE 3/8' BAMBOO STAKE 3/4' WOOD STAKE GALVANIZED 14 GOL 2' X 4' WWM /-ENCLOSURE; 4' HIGH (MIN.) O 6- MIN i FROM BASE OF TREE. BURY 4' MIN. BELOW FINISH GRADE FINISH GRADE o IZZA.) I / I IH1= 1 ~I II SUBGRADE iv PLANT PROTECTION V NOT TO SCALE NOTES: 1. INSTALLATION SHALL FOLLOW THE MANUFACTURE'S RECOMMENDATIONS. 2. POSTS SHAT BE INSTALLED SO THAT A YIN. OF 3'-0' EXTENDS ABOVE THE GROUND WITH A MN. OF 2'-0' EMBEDMENT. 3. FILTER FABRIC SHALL BE PURCHASED IN A CONTINUOUS ROLL TO AVOID JOINTS. 4. SPLICE JOINTS AT SUPPORT POSTS ONLY, FABRIC WITH A MIN. 6' OVERLAP. - 2'-6' MN FABRIC EXPOSURE / J 6' YIN. BURY FOR FARM BACKFHLL YIN--~ - 1'-0' MIN. SECTION A-A' BONOTERRA C2 OR APPROVED EQUIVALENT LIVE STAKES EA. SIDE (TYPICAL) 5' O.C. 2 2 X11 ro' II 2-4' 5' 2-4' NOTE: b' VARIES 1' TO 2' DEEP (-61 PROPOSED CHANNEL SECTION b NOT TO SCALE + J GAL CONTAINER GROWN STOCK w 's- 4' BERM / ROOT CROWN AT FINISH GRADE BARK MULCH 2 1/2' YIN 1 . 6' FINISH GRADE YIN 6' YIN. ~3. ` 50/50 YDL OF PREPARED SOIL AND MUSHROOM COMPOST OR r APPROVED EQUAL COMPACTED SUBGRADE DECIDUOUS TREE PLANTING DETAIL 6 NOT TO SCALE goo QA¢ @'t WWW * ro dA ..o.i o:Y'.. p:..bo ve"", p~.S: ^ -pee p. Sao. • : i. a R - 25' MIN) CLEAN PR RUN OR 2' - MINUS GRAVEL SUBCRADE REINFORCEMENT GEOTEKTIE. AS REOUESTED b /q, C GRAVEL CONSTRUCTION ENTRANCE (j NOT TO SCALE NOTES: 1. VERIFY ALL OUANRRES, MEASUREMENTS AND SITE CONDITIONS. 2. PLANTING PERIOD IS FROM SEPTEMBER 15 TO NOVEMBER 1. 3. THIS PLAN IS DAGRAMATIC AND LOCATIONS MAY BE SUBJECT TO CHANGE TO SUIT SITE CONDITIONS. THIS WILL BE ARRANGED AT POST-GRADING SITE MEETING BETWEEN LANDSCAPE ARCHITECT, OWNER AND LANDSCAPE CONTRACTOR. NO PLANTING WILL BE PERFORMED BEFORE THIS MEETING. NOTIFY LANDSCAPE ARCHITECT AT LEAST TWO WORKING DAYS PRIOR TO COMMENT. 4. PLAIT MATERIAL SHILL CONFORM IN SIZE AND GRADE TO THE 'AMERICAN STANDARD FOR NURSERY STOCK% CURRENT EDITION. 5. TOPSOIL USED IN PUNTING PITS FOR TREES AND SHRUBS SHALL BE CLEAN, FERTILE, FRIABLE, NATURAL TOPSOIL OF LOAMY CHARACTER, WITHOUT ADMIXTURE OF SUBSOIL MATERIAL, OBTAINED FROM A WELL DRAINED VICINITY REASONABLY FREE FROM CLAY, LUMPS, COARSE SANDS, STONES, PLANTS, ROOTS AND OTHER FOREIGN MATERIALS. 6. PLANT MATERIAL IS TO BE GROWN WITHIN 150 MILES OF THE PROJECT AND PREFERABLY PROPAGATED FROM SEED NATIVE TO THE WILLAMETTE VALLEY. PLANTS MUST HAVE BEEN PROPAGATED FROM WILD STOCK NUKE TO OREGON AND WASHINGTON WEST OF THE CASCADE MOUNTAINS, EXCEPT AS APPROVED. 7. LANDSCAPE CONTRACTOR SHALL DELINEATE PROPOSED PLAITING AREAS AND HAVE LANDSCAPE ARCHITECT REVIEW. SOME FIELD ADJUSTMENT MAY BE NECESSARY TO REFLECT ACTUAL GRADING. S. INSTALLED PLANTS TO BE IMMEDIATELY WATERED IN BY CONTRACTOR 9. LANDSCAPE CONTRACTOR TO WATER PLANTINGS FOR ONE YEAR AFTER INSTALLATION, AND GUARANTEE TREES AND SHRUBS AFTER FINAL ACCEPTANCE FOR DURATION OF TWO YEARS. PUNT MATERIAL SHALL BE ALIVE AND IN SATISFACTORY HEALTH AS DETERMINED BY LANDSCAPE ARCHITECT AT THE END OF THE GUARANTEE PERIOD. WARRANT ALL. REPLACEMENT PUNTS FOR ONE YEAR AFTER INSTALLATION. 10. PLANT REQUIRED QUANTITY AND AREA OF WETLAND SPECIES BUT USE IRREGULAR, 'CLUMPED' SPACING THAT AVERAGES TRIANGULATED DISTANCES. HERBACEOUS PLUGS SHALL BE PLANTED IN MASSES OF 25, 50, 100, OR 150 AT 12' TO 18' O.C. 11. FERTINZE TREES AND SHRUBS WITH `AGRIFORM' 21-GRAM TABLET, 20-10-5 AS MANUFACTURED BY AGRIFORM INTERNATIONAL CHEMICALS, NEWARK, CAIFORNIk 2 TABLETS PER SHRUB, 3 TABLETS PER TREE. 12. USE MUSHROOM COMPOST OR APPROVED EQUAL UNDER TREES, SHRUBS, AND GROUNDCOVER, OR OTHER MULCH APPROVED BY LANDSCAPE ARCHITECT. 13. METHOD OF SEEDING MAY BE VARIED AT OPTION OF CONTRACTOR WHEN APPROVED BY LANDSCAPE ARCHITECT. HYDROSEED ADDITIVES: MULCH 2000 LB./AC. WOOD FIRER MULCH TACKIFIER 40 LB./AC. FERTILIZER WEBFOOT TRIPLE SEVEN ORGANIC FERTILIZER APPLIED AS RECOMMENDED BY MANUFACTURER 14. RESEED AREAS WHICH FAIL TO PROVIDE UNIFORM GRASS COVERAGE, UNTIL ALL AFFECTED AREAS ARE ACCEPTABLE TO THE LANDSCAPE ARCHITECT AND OWNER. EROSION CONTROL MEASURES SHALL NOT BE REMOVED UNTIL SITE IS COMPLETELY VEGETATED. ALL WASHOUTS SHALL BE REPAIRED AND RESEEDED AS NEEDED. 15. ALL LIVE STAKES SMALL BE PREPARED WHILE DORMANT. GENERALLY NOVEMBER THROUGH MARCH. ALL STAKES SHALL BE INSTALLED THE SAYE DAY THEY ARE PREPARED. F W W O~ W 0 CL 0 O ~0~ cc wW im 4c 0 ~O 000000 O 16 W 3 J W~ Wa > 63 ~ mm, F N W !O W Q1 E- 0:8 Q¢ 0s; > O Oo W2 3a A ¢ NA < ¢z Na n< U c 6 i i F B 0 c z LL+ O ► tYi 3 p o i u a o a cc y f ~gi