Loading...
Plans (87) VLMK Consulting Engineers plytiLT 3933 SW KELLY AVENUE, PORTLAND, OREGON 97201-4393 (503) 222-4453/FAX (503)248-9263/vlmk @ vlmk.com PRINCIPALS TIGARD TRIANGLE OFFICE COMPLEX Response to Conditions of Approval, ALFRED H.VAN DOMELEN,P.E. Grading Permit Number 99000017 JAMES E.KNAUF,P.E. GREGORY J.BLEFGEN,P.E. JOHN T BROOKS 1. Todd Sheaffer, Specht Properties, provided the following response: Pursuant l,to G.KEMP,P.E.LIN conversations with Julia Hajduk, it is our understanding the City will accept a KIMBERLY A.SCHOENFELDER Performance Bond in the amount of the tree mitigation cost. Furthermore, on October 19, 1998, Specht Development, Inc. provided Julia with a copy of the October 6, 1998 Tree Report by William L. Owen & Associates which identified the mitigation cost at $121,500. Therefore, we will provide a bond in this amount ($121,500) prior to the issuance of the grading permit. 2. Carl Duncan, P.E., VLMK Engineers provided the following Response: Pursuant to City of Tigard code section 18.102, the visual clearance areas are shown in the revised grading plan (attached with this letter) submitted for the site grading permit. Per code, each clearance area is located at property corners and property egress. 3. Todd Sheaffer, provided the following response: We obtained a Wetland Fill Permit from the Corps on 12/24/98, a copy of which has been provided to Julia at the City of Tigard. 4. Todd Sheaffer, provided the following response: We have submitted a copy of the Wetland Fill Permit from the Corps to the City. According to Julia Hajduk, once she has reviewed the Permit, she will provide her written authorization. 5. Carl Duncan, P.E., VLMK Engineers relayed the following information: "The capacity of the drainage way is based on the up-stream culvert capacity. All on-site drainage will be collected and discharged at a separate location. There are no other areas contributing to the flow in the drainage way. The capacity of the up-stream 18" culvert is provided on page A-2 of the site development review application book • dated September 3, 1998. A copy of the capacity calculation with drainage map is included with this submittal. The capacity of the new 18" RCP channeling up- stream flow across the site has the same capacity as the existing 18" culvert (10.5 cfs) crossing SW 69th Avenue. 6. An erosion Control Plan which conforms to"Erosion Prevention and Sediment Control Plans —Technical Guidance Handbook,February 1994"was submitted with the grading permit application—99000017. 7. The 1200-C General Permit application is attached. 8. Todd Sheaffer provided the following response: Specht Development, Inc. agrees to coordinate with the geotechnical engineer throughout the construction process to ensure that the recommendations from the geotechnical report are followed. IyA�: MEMBER r We believe this letter addresses all pertinent approval criteria of the Site Development Review for the Tigard Triangle Office Complex Grading project. Please do not hesitate to contact Todd Sheaffer at 646-2202 or Kim Schoenfelder—222-4453 should you need additional information. Cc: Julia Hajduk,Brian Raeger, Bob Poskins, City of Tigard Todd Sheaffer, Specht Properties Jim Knauf, Carl Duncan,VLMK f #F 4.11‘ ti. . °f�; DEPARTMENT OF THE ARMY /1/6(- i�. 4 r. PORTLAND DISTRICT,CORPS OF ENGINEERS !DEC 241998 p - -� �^., P.O. BOX 2946 1II;_ PORTLAND,OREGON 97208-2946 , �` December 22, 1998 �„��+t,�a�^° Reply to Attention of ' Construction-Operations Division k SUBJECT: Nationwide Permit Verification Case No: 98-1357 Spect Development, Inc. Attn: Todd Sheaffer 15400 SW Millikan Way Beaverton, Oregon 97006 Dear Mr. Sheaffer: This is your Department of the Army authorization to fill 0.017 acres of wetland and intermittent stream near Tigard, Washington County,Oregon(Section 1 T2S/R 1 W). This letter verifies that your proposed activities as presented in your application (Enclosure 1) 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. Failure to comply with any of the listed conditions will render your authorization invalid and could result in the assessment of civil penalties. Permits, where required,under Oregon's Removal/Fill Law, as well as other appropriate local authorizations, must also be obtained or your authorization will not be valid. Nationwide Permit 26 will expire on September 15, 1999. If you commence or are under contract to commence this activity before the date the nationwide permit expires, is modified or revoked,you will have twelve months from the date of the modification or revocation to complete the activity under the present terms and conditions of the current nationwide permit. If you have any questions regarding our nationwide permit authority,please contact me at the above address or telephone(503) 808-4381. Sincerely, Jan Stt t M Project Manager Regulatory Branch Enclosures Copies Furnished: ODEQ (Melville) ODSL(Parks - DSL No: -16145) DLCD CO-GP(Black) w/Application Schott & Associates (Steinkoenig) • 111] ..JOINT s. ° ' °4. PERMIT APPLICATION FORM - lJi1� �{� : ° tmrrY.. IU S Army Corps THIS APPLICATION WILL MEET THE REQUIREMENTS OF BOTH AGENCIES of Engineers Corps Action Id Number ' /3 S7 Oregon Division of State Lands Number Date Received Date Received District Engineer ��� '�' j State of Oregon ATTN: CENPP PE RP Division of State Lands P.O. Box 2946 l 06 1996 775 Summer Street NE Portland, OR 97208-2946 Salem, OR 97310 503/326-7730 VIII I;_&'v4 ,Y?MANCH 503/378-3805 ;j Applicant Name O ct eve pWrib1241).1-1- business phone #(503)646-2202 and Address —P430-Box 1754 - S ud b SlU I�1" L'd,� /4",faxcimile # (503) 626-8903 �a ti&,A 0� !Toe, /home phone # ;Authorized Agent Schott&Associates Attn: Martin Schott business phone #(503) 829-6318 ;Contractor 11977 S. Toliver Rd. faxcimile #(503) 829-3874 Name and Address Molalla, OR 97038 home phone # Property Owner Business phone # (if different than applicant) Name and Address home phone# Project Location Street, Road or other descriptive location: SW 69th Legal Description Avenue Quarter Section Township Range AA 1 2S 1W In or Near (City or Town) County Tax Map 2S101AA Tax Lot# Tigard Washington 2900,3800,3901,4000, 4200,9100 Waterway River Mile Latitude Longitude Is consent to enter property granted to the Corps and the Division of State Lands? °Yes at No Proposed Project Information Activity Type: .A Fill (JExcavation (removal) On-Water Structure c;.Maintain/Repair an Existing Structure Brief Description: development of an office complex and associated parking Fill will involve cubic yards annually and/or,.60,949 cubic yards for the total project 13 cubic yards in a wetland or below the ordinary high water or high tide line Fill will be ; `'Riprap (X Rock cX Gravel (X Sand `X Silt (X Clay ()Organics . ,Other Fill impact Area is 0.Q1t Acres; T length; 5' width; 6 _ depth Removal will involve cubic yards annually and/or cubic yards for the total project _0_cubic yards in a wetland, below the ordinary high water or high tide line Removal will be , 'Riprap Rock , Gravel Sand Silt Clay 'Organics , Other Removal impact Area is Acres length; width death EiJCL • . • (4) Proposed Project Purpose & Description °roject Purpose and Need: The purpose of the project is to develop three office buildings and associated parking. :here is an existing demand to type A office space within the METRO area. Project Description: The project proposes to develop three 40,800 square foot offices buildings on the site. The buildings are proposed to be two stories, each of 20,400 square feet. In addition, parking areas are associated with the buildings. Finally, two through roads are designed to connect with the proposed SW 70th Avenue. How many project drawing sheets are included with this application? 6 NOTE: A complete application must include drawings and a location map submitted on separate 8'6X11 sheets. Will any material, construction debris, runoff, etc. enter a wetland or waterway? No if yes describe the type of discharge (above) and show the discharge location on the site plan. Project Impacts and Alternatives Describe alternatives sites and project designs that were considered to avoid impacts to the waterway or wetland. There is relatively little land zoned for office space within Tigard and the Tigard Triangle. Spect Development has been attempting to acquire options for development within the area, but suitably zoned land within the area has not been readily available. Sped has looked at the properties on the other side of Dartmouth, and the adjoining property. They both have more significant environmental concerns than this property. Several design alternatives were considered. The original proposal was to build the buildings on the back of the property, but the City of Tigard required the buildings to front 69th. This forced the parking to be behind the buildings. The sites topography and the American Disability Act, resulted in the project having to raise the grade of the back of the site by up to six feet. This requirement resulted in having to culvert the drainage. A third design was considered, which would have avoided the lower third of the drainage. This alternative had six foot retaining walls adjacent to the buffer. This alternative would have protected the lower 1/3 of the drainage. It was rejected for several reasons. First, it would have interfered with affic flow between buildings B and C. Second, it would have required at least one bridge crossing of the drainage to meet a minimum desired circulation pattern. Finally, it would have left an approximately 3,800 square foot natural area,which would have been bisected by a driveway. The natural area would have been isolated, since there will be development on all sides. Describe what measures you will use (before and after construction)to minimize impacts to the waterway or wetland. Water entering the site will be captured at the culvert under the road and piped to the culvert behind the apartment buildings NOTE: If necessary, use additional sheets. Additional Information Adjoining Property Owners and their Addresses and Phone Numbers Michael K Davis and Jeanne R. Davis 14705 SW Sunrise Lane Tigard, OR 97224 Has the proposed activity or any related activity received the attention of the Corps of Engineers or the State of Oregon in the past, e.g., wetland delineation, violation, permit, lease request, etc. if yes, what identification number(s) were assigned by the respective agencies Corps # State of Oregon # • f 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. Insistency of this project with the local planning ordinance cannot be determined until the following local approval(s) are obtained: CConditional Use Approval °Development Permit CPlan Amendment °Zone Change Other .��< 7cv</ M,vl/- Hc�••� Skd'kQ/ / b A plication 31s Chas not been made for local approvals checked above. X Asfoc►'rk. P/414 7' 4 c/ /fr 3-9S Sig ure (of lo I planning official) Title CitCounty Date Coastal Zone Certification If the proposed activity described in your permit application is within the Oregon coastal zone, the following certification is required before your application can be processed. A public notice will be issued with the certification statement which will be forwarded to the Oregon Department of Land Conservation and Development for its concurrence or objection. For additional `nformation on the Oregon Coastal Zone Management Program,contact the department at 1175 Court Street NE, Salem, Oregon 7310 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 the approved Oregon Coastal Zone Management Program and will be completed in a manner consistent with the program. NA Applicant Signature Date Signature for Joint Application (Required) Application is hereby made for the activities described herein. I certify that I am familiar with the information contained in the application, and, to the best of my knowledge and belief, this information is true, complete, and accurate. I further certify that I possess the authority to undertake the proposed activities. I understand that the granting of other permits by local, county, state or federal agencies does not release me from the requirement of obtaining the permits requested before commencing the project. I understand that local permits may be required before the state removal-fill permit is issued. I understand that payment of the required state processing fee does not guarantee permit issuance. Applicant Signature Date I certify that that I y act as th ul aut rized agent of the applica . L // � Authorized Agent Signature Date • Supplemental Wetland Impact Information' (For Wetland Fills Only) Site Conditions of Impact area ,mpact area is OOcean (,Estuary CRiver (,Lake (74 Stream (k Freshwater Wetland Note: Estuarine Resource Replacement is required by state law for projects involving intertidal or tidal marsh alterations. A separate Wetlands Resource Compensation Plan may be appended to the application. Has a wetland delineation been completed for this site? gi Yes CNo If yes, by whom: Martin Schott Schott & Associates 11977 S. Toliver Rd., Molalla, OR 97038 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 regulated area consists of approximately 230 feet of an ephemeral drainage channel, and approximately 35 square feet of emergent wetland. The drainage starts at the eastern boundary of the site, where a culvert crosses under SW 69th Ave. The culvert carries runoff from Landmark Ford. Three culverts exit on the east side of SW 69th Ave. The culvert under the road is 24 inches in diameter. The drainage channel is incised for most its length, and has a mud bottom. The drainage enters a catchment basin on the east side of the property, and enters a culvert, which extends to SW 72nd Ave. During the site visits there was no flow in the drainage, but there was one area with standing water. During one of the visits the water was rusty and had an oil sheen. During another visit the water was clear. The emergent wetland is located in a low area adjacent to a foot trail which crosses the drainage. There is a small log bridge crossing the drainage. This area has been heavily trampled. The vegetation consists of nightshade and creeping buttercup. Filling the drainage channel will result in 690 square feet of the channel being filled, and 35 square feet of low quality emergent wetland being filled (0.017 acres). tesource Replacement Mitigation -Describe measures to be taken to replace unavoidably impacted wetland resources The project will impact 0.017 acres of low quality emergent wetland and ephemeral drainage channel. The wetlands are "dominated by either exotic species, or species which are considered undesirable due to their aggressive nature. They have low values for wildlife because they provide little to no cover or food. There are no fisheries resource on this drainage. The water quality, flood control values are low due to the small size of the wetlands. Finally, they have little to no value for either education or recreation because the property is privately owned. These low quality wetlands will be mitigated by wetland enhancement. The mitigation area is located along Phano Creek, behind Tigard's City Hall. The mitigation (0.1 acres) will consist of enhancing low quality wetlands by planting them with wetland trees and shrubs. This will improve both the wildlife and aesthetic function of the wetlands. In addition, it will have a slight positive impact on water quality by providing shading, which will help keep the water cooler. Currently, the wetlands proposed for enhancement are dominated by reed canary grass. Reed canary grass will be controlled via application of appropriate herbicides, and then planting with trees and shrubs found along other sections of the stream. Because this information is not necessary for a complete application, you may submit this sheet and other environmental information after submitting your application. • • Division of State Lands w DSL E Compensatory Mitigation Form I,f the permit involves multiple compensatory mitigation projects at different locations then use a separate sheet for each location. Please be sure to complete Item#1 and the grand total acreages for impacts and mitigation, Items #2 and #3. Give breakdowns by Cowardin class only if known. 1. Se-c c 71 �u�-�,7 ; ,w (App icant) Permit No. (if known) MITIGATION SITE LOCATION Mitigation Site # Adjacent Waterway County 0,,1st A- q/av` Section U / Township -2 -5 Range / & Tax Lot(s) 29C U%VC'UO vcco U.S.G.S. Hydrologic Unit Code (HUC) No. 5/200, 9/0�' River Basin Name ged Ac 1 C --- WETLAND IMPACTS 2._What wetland type or types will be filled or converted by your removal-fill project? (Not the compensatory mitigation project.) List all of the types. Where "wetland types" are requested on this form, the Division uses the Cowardinl wetland classification codes found on National Wetland Inventory Maps. Below are the most common wetland types. If your wetland type is not listed, use one of the blank spaces and fill in the appropriate code. Also, indicate the acreage involved for each wetland type you list. Acreages should be listed to the 1/100 of an acre if possible. (F=Fill, R=Remove, C=Convert) Acres Acres Acres Acres � F R C F R C F R C F R C � �'PEM.05v/ ❑ R3RB ❑ E2EM ❑ ❑ PSS ❑ R3UB ❑ E2SS ❑ O PFO ®'R4SB 0,0 11, ❑ E2F0 ❑ Grand Total of Wetland Impacts 62. 0 /' Acres COMPENSATORY MITIGATION List all of the wetland types (on the reverse side) that will result from your proposed .ompensatory mitigation project by mitigation kind and wetland type. Indicate the acreage involved for each wetland type you list. (continued on reverse side) r P EN T R.1.1 RIANGLE OFFICE Cc r TIGARD, OREGON Vicinity Map: _ a Csi BAYLOR n Tom.— 1 to • 7 CLINTON - r► DARTM]UTH , SITE HERMOS, r 1 BEVELA co to • • • • 0 I G3 W Ci cn • ' .. i a a ��: CL N j Y ._�- I I ) 1� SSCC VO ' \• VI] (COUNTY ROAD Na 1544) ',- a 16 m �. ! �•` �� t , (COUNTY ROAD NO. 15 4) ; ••0 0 L 71F S-- -ii i • r,_• �•, •w �i•S' :t •'� ��•'.?r,:."r�-'...._:r-.;. _rTrt. - • .�-'/ � - MEW -r► - _J aeoe+Y•-- 1 1. -aW - • ;-- - -._t munet •.cc. -- ,,.:,' --•.,4a*;:- -•7:111ri -.)--.:: :-1,. ..._.. .. c/1 ... -If :'*' .1' :: : I.:*.-„.., :. '--i'l i A...'* * i_ I I E. I • r fi 0 e, ,oil_I, • • .. . 0 r . 0 ,. . . .,. •..... . , .... •. ... .. ..... ...... •..... ... • • ....,. ...... ....• SITE EVALUATION ... ... b �.... •. . PLAN I 11 A 11 i. 11, ., , i �. I) I �` Ssuv17 - I STORM SEnfR NOTES IT ! A I •,#� , SEKER NOTES TOPOQRAPN,C IECEND TOPOCRAPFMC NOTES / ;� ai leer.CAT.Gun ®rm■.c•••••••• LL.• Df./T coot Orr:V._tn.•r swum omega_ ■/ A - 1►.r•■se■w■•llr.MILK OI sue Or-nr. ' .L w••�tEI Y o04 tt art i„l�]t 1/(/ p�rK, IL w•.a.r.•r • - _ _r room 0i re►•wrr-t.r IS I 1 . .t OP I. Mid IS` ......w txrr ®role ems aunt —us—r+ran r•res ►w —. — - O++ OQ COMM ILO=WY.Cr MO , _ p role meat w t■■It'II Y .~c M;:navy —A— O NI d-MAO teL�K p 1� ►K� - ruse LK • YR Mr -.I: tL wn.oT.ff►N(1r Ca.C) s_toaM iN' Lt.0Y1..MA'(IV IYq —A— - Mm=MO RLIMO[u0 Oi m ewnw.■ •, I , — Ic r ur-u■a l•r eo.c> 6 s+ar. 7 � I( ..,� L 1 i , 1 fi `.J7![ —.-V .. u • 1 .. _. _• City of Ti, i , .-1. -:- °fib -..-/ . - l ....- a, . C =- �,, �1 = _ --, 1 = ; Streets -� ---� 3"--- � '" - _ r _ _ — . - ' and Off _4_ , ....1.0 \\ ■ -. ..._.,_ )-- _ ...--- -- .— _ _ . i .Ly._ ., a a, '"Itto 1 f, ' 1 OM ,Alha J r� -JJ�.. i mi •Mass• : r y X11.1-4 „, mk.."C 1L- Jk i _ •c_ _-- -- �J III/ ;., nrigh r _ . IF „AM I F j il• ..iimA -,,--- - .i, ; k ... ......, ,1 „ : i I,I . _ , 1 II man 1 S #1, I 1 SOURCES: 1 <,) L k�; ' .II I BIKE IMJES-Gry L'•. / ! STREETS-METR• i 1 r..... ■—.L__ -1 - ` -/ r r_ ..- ,-- ' 1 ■ DEFINITIONS • I ll"-1 - r" j j , Bike lanes are mar. "� ,./ �1 Du!are nd recess: -- .l It J t II • f L i ., ..c.4" r,...-/-,.7:: [--- : .-- r-FT"-- I T + I .,. . .! . ii. rt;,, . y,o,„,,.............._._...... r I r , . , . , 4.- J—'/ X I x x x J I © /so O, / Q c;.6� x 149.5 © O 4. . _ _ x - .- + GV-Y I / N.,I I ca „e,0 / / p c ,. R N� N N. k // / • f /40 N \ m 136.4 �'• • fjoi . ..4.0.-- ...42 .40.111111.1111111-.eA >i a::.--.2F.-:,..:a--=.7 ---......//'' ii- /� I t. 1 x 139.6 • ��� \� I L=r Jr. / io..ie 44, i... if-- r B )1/4... it....tz‘i. $17111 .3 3 D '-v.-,,,__ .:-0 ',:: ...A 0.46y .60448- , Alfillt ^.35L \.kNi04\ WEtL4 i �� -"'*.44 Al W ! `4 '4, x139.1 c ‘, --.0.2h -1)?r1W t......ilt ..;', . .1. 'MP& • -----) =7...• .....‘ ill size.tbi R. . N\ _ _ \ 111 1Wir■ ."Imp.... C=1 :51__i 45- •—— t` --- _- — 41 ilt ,..- • Ali i r. It « • kiwi 1 l x x,— - II 9 MI 1 .--mow I I, / s +I n __.____. x it 0 0 / Mitigation Enhancement Design SC Alf 1.1100 I•=ICU• 100 50 0 100 200 300 4UU 3001111 - `" 11.1 50 40 30 20 10 0 30 100 150 U(T(R -x .` sue_ V O -11'f)51-11-) 1--1 J--' 'q I 11 VI \ \ `->4-- - - —7------- 1 V 61Z9 0 o 0 ( FIGURE 2 Planting Plan Detail Key Scientific Name Common Name Specifications Quantity Amelanchier alnifolia Service Berry 24" 82 0 Cornus Sericea Red Osier 24" 604 6 Rosa nutkana Nootka Rose 36" 286 0 Spiraea douglasii Douglas Spiraea 24" 612 CI Symphoricarpos alba Snowberry 24" 277 © Crataegus Douglasii Black Hawthorn 36" 4 OFraxinus latifolia Oregon Ash 36" 2 ® Prunus virginia Choke Cherry 36" 1 Salix lasiandra Pacific Willow Cuttings 6 1 SC$OTT & ASSOCIATES 4.4 Ecologists & Wetlands Specialists 11977 S. Tollver Rd. • Molalla, OR 97038 • (503) 829-6318 • FAX: (503) 829-3874 AUTUMN CREST & TIGARD TRIANGLE WETLAND MITIGATION SUPPORT DOCUMENT INTRODUCTION The proposed mitigation is for two different projects and developers. Pacific Ridge existing permit requires off-site mitigation for a water quality facility, which was built on property it is developing off Scholls Ferry Road. Spect Development, Inc. needs off-site mitigation for its Tigard Triangle Office Complex. The Spect development proposes to culvert approximately 230 linear feet of an ephemeral drainage and a 35 square foot emergent wetland associated with the drainage. The mitigation will be implemented as one mitigation project. Pacific Ridge will be responsible for implementation of the mitigation area, and its monitoring. Spect Development will pay Pacific Ridge its proportion of the mitigation costs. The mitigation area is located on City of Tigard Property, which is located behind City Hall. The mitigation area is on Phano Creek, west of SW Hall Blvd. The city property was examined for potential mitigation areas, and approximately 10 different areas were identified as potential enhancement areas. The areas identified are existing low quality wetlands. All of the areas are dominated by reed canary grass, and are adjacent to either Phano Creek, or a body of water associated with it. MITIGATION Five different areas along Phano Creek and its flood plain area proposed for wetland enhancement. All of the areas consist of low quality emergent wetlands. The mitigation areas are designed to convert the emergent wetland into more diverse scrub-shrub/forested wetlands. The reed canary grass will be treated with an EPA approved herbicide for use in and around water (Rodeo) prior to planting. The intent of the herbicide application is to knock back the grass until the trees and shrubs have had a chance to establish. After the grass had been browned the trees and shrubs will be planted. A 30" diameter circle will be scalped around each planting location. A three inch thick layer of bark mulch will be spread around each planted tree and shrub. This will further help control the reed canary grass. Five different areas will be enhanced within the same general vicinity. Areas A, C and D (0.604 Acres) will be used for Pacific Ridge mitigation. Areas B and E (0.133 acre) will be used for the Tigard Triangle mitigation. The amount of mitigation for Pacific Ridge meets the amount of mitigation original proposed by Pacific Ridge on the Summer Creek mitigation project being developed by the City of Tigard. The amount of mitigation proposed for the Tigard Triangle project is nearly at an eight to one ratio. MONITORING A five year monitoring period is required for the wetland mitigation and buffer areas by the Oregon Division of State Lands and the Army Corps of Engineers. The monitoring will insure successful development of the wetland and associated buffer. If problems with the mitigation area develop contingency measures will be developed to correct the problems. There are numerous factors which could impact the development of the mitigation area, these include but are not limited to; establishment of unwanted plant species, incorrect hydrology, predation on the planted plants, disease, etc. The monitoring will attempt to identify any problems and their causes, and make recommendations on corrective measures. The corrective measure will be implemented by the landscape contractor. A monitoring report will be prepared after the growing season. The report will document the establishment of planted shrub and tree species, The hydrological conditions of the wetland mitigation area, the ground cover in the wetlands, identify any observed problems, and suggest corrective measures. The report will be sent to the Oregon Division of State Lands, the Army Corps of Engineers. After each site visit the landscape contractor will be contacted, and given instructions on what measures need to be implemented. If necessary, a site visit with the landscape contractor will be • arranged to show him the problems and go over corrective measures. An eighty percent survivorship for each woody species planted is the goal by the third year of monitoring. This will be determined by counting the established trees and shrubs by species and then dividing by the total number planted. This fraction is then multiplied by 100 to obtain the percentage. Canopy coverage of herbaceous vegetation will be estimated by using 10 one square yard microplots. Area a will have four microplots randomly located, Area B will have one, as will areas D and E, Area C will have two microplots. By the end of the third growing season an eighty percent ground coverage is anticipated. Finally, fixed photopoints will be established, and photographs taken each monitoring year. Locations of the photopoints will be determined in the field, and then marked on a map. The location will depend on visibility of the mitigation areas. CONTINGENCY MEASURES As stated above, it is impossible to predict what may go wrong with a mitigation project, but there are some general areas which can be addressed Specific contingency measures will be developed, if needed, during the five year monitoring effort_ Possible problems are identified below. Invasion by exotic species Selective grubbing or herbicide treatment Survivorship of planted species Area too wetland for planted specie Replant with a more wet tolerant specie Area too dry for planted species . . Replant with a species which grows in drier conditions Insect damage Determine type of insect and use systemic or biological control MAINTENANCE During the period of the required monitoring the maintenance of the mitigation area will be maintained by the landscape contractor who had the contract to plant the mitigation area . They will be instructed on what needs to be done within the natural area by the biologist who has the monitoring contract (Schott & Associates). A follow up inspection visit will occur by the biologist to insure the corrective measures have been implemented. The landscape contractor will be required to inspect the mitigation area for unwanted plant species, and control them. The following is a list of species that the contractor will be required to control or remove; Canadian thistle English Ivy, Evergreen blackberry Himalayan blackberry, holly, Scots Broom, teasle It is anticipated that after the first three years of monitoring that control of these species will prove to be a relatively simple matter. Control measure may include, but are not limited to grubbing, cutting and selective herbicide treatments. Blackberries may be controlled with an appropriate herbicide. Reed canary grass should be controlled by application of Rodeo, an EPA approved herbicide for use in and around water. Control of Scots broom, English ivy and holly may be most effective accomplished by grubbing and cutting. If the landscape contractor has had prior success, or has knowledge of herbicides which are effective on these species, he may use them. Herbicides should be used selectively, and only applied by a licensed applicator. They should be applied only to individual plants, in order that other species are not harmed. Herbicide application shall be by manual "spot spraying", wicking, or backpack methods as per manufacturer's specifications. Herbicide use in waterway areas shall be subject to approval and be strictly applied by manufacturer's specifications. • • • • Selective hand removal by non-herbicide methods shall be utilized if herbicide application threatens native plantings. All native plantings indicating damage by herbicide application shall be replaced immediately at no additional cost. SCHOTT & ASSOCIATES • -4 Ecologists & Wetlands Specialists 11977 S. Tollver Rd. • Molalla, OR 97038 • (503) 829-6318 • PAX: (503) 829-3874 December 150998 RECEIVED Department of the Army DEC 16 1998 Portland District, CORPS REGULATORY BRANCH • PO Boz 2946. Attn: Bill Parks Portland, Oregon 97208-.2946 RE: Permit Application ID No. 98-1357 • Dear Jan: The information below is an addendum to the letter sent_to you on December 10, 1998. The,proposed mitigation enhancement sites A and B are for the Tigard Triangle. Site C,D, and E are for Autumn Crest. Again, if you need further information for Permit Application No. 98-1357, please do not hesistate to contact me. Thank you for your time. Sincerely, • r-- Claudia Steinkoenig • • NATIONWIDE_PERMIT Nationwide Permit 26 authorizes discharges of dredged or fill material into headwaters and isolated waters provided that the activity meets all the following criteria: a. The discharge does not cause the loss of more than 3 acres of waters of the United States nor cause loss of waters of the United States for a distance greater that 500 linear feet of the stream bed; b. For discharge causing the loss of greater that 1/3 acre of waters of the United States, the permittee notifies the District Engineer in accordance with the "Notification" general condition. c. For discharges causing a loss of 1/3 acre or less of waters of the United States the permittee must submit a report within 30 days of completion of the work,containing the information listed below; d. The discharge in special aquatic sites, including wetlands, the notification must also include a delineation of affected special aquatic sites, including wetlands. (Also see 33 CFR 330.1(e)); and e. The discharge, including all attendant features, both temporary and permanent, is part of a single and complete project. Note, this nationwide is valid until Nationwide Permit (NWP)26 expires or for 2 years, whichever comes first. Currently NWP 26 expires on September 15, 1999. However, the Corps has proposed to extend the expiration of NWP 26 to March 28, 1999 (See July 1, 1998 Federal Register,63 FR 36040). The Corps decision on the expiration date of NWP 26 will be published in the Federal Register. For the purposes of this nationwide permit,the acreage of loss of waters of the United States includes the filled area plus waters of the United States that are adversely affected by flooding, excavation or drainage as a result of the project. The 3 acre and 1/3 acre limits of NWP 26 are absolute, and cannot be increased by any mitigation plan offered by the applicant or required by the District Engineer. Whenever any other nationwide permit is used in conjunction with this nationwide permit, the total acreage of impacts to waters of the United States of all nationwide permits combined, cannot exceed 3 acres. Subdivisions: For any real estate subdivision created or subdivided after October 5, 1984, a notification pursuant to subsection (b)of this nationwide permit is required for any discharge which would cause the aggregate total loss of waters of the United States for the entire subdivision to exceed one (1/3) acre. Any discharge in any real estate subdivision which would cause the aggregate total loss of waters of the United States in the subdivision to exceed three (3) acres is not authorized by this nationwide permit; unless the District Engineer exempts a particular subdivision or parcel by making a written determination that: (1) The individual and cumulative adverse environmental effects would be minimal and the property owner had, after October 5, 1984,but prior to January 11, 1997,committed substantial resources in reliance on NWP 26 with regard to a subdivision, in circumstances where it would be inequitable to frustrate the owner's investment-backed expectations, or(2) that the individual and cumulative adverse environmental effects would be minimal, high quality wetlands would not be adversely affected, and there would be an overall benefit to the aquatic environment. Once the exemption is established for a subdivision, subsequent lot development by individual property owners may proceed using NWP 26. For purposes of NWP 26, the term "real estate subdivision" shall be interpreted to include circumstances where a landowner or developer divides a tract of land into smaller parcels for the purpose of selling,conveying, transferring, leasing, or developing said parcels. This would include the entire area of a residential, commercial or other real estate subdivision, including all parcels and parts thereof Report: For discharges causing the loss of 1/3 acre or less of waters of the United States the permitter must submit a report within 30 days of completion of the work, containing the following information: ewa. Z a. Name, address, and telephone number of the permittee; b. Location of the work; c. Description of the work; and, d. Type and acreage (or square feet)of the loss of waters of the United States (e.g., 1/10 acre of marsh and 50 Square feet of a stream.) OUALIFICATIONS CONDITIONS Case No: 98-01357 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 till material may occur in areas of concentrated shellfish 6 Y production, unless the discharge is directly related to a shellfish harvesting activity authorized by NWP 4. 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 detcimines is inure beneficial to the environment than on-site EiJCL 3 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 Impoundments. 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: 98-01357 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, in accordance with Oregon Department of Fish and Wildlife's recommended in-water work period. 2. Agency Access. Permittee must provide access to the work site to representatives of the Corps of Engineers, DEQ, DLCD(for projects in the coastal zone),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 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. 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. 7. 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. 8. 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. 9. 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. • 10. 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. 11. 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) he 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. 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. 13. Other Conditions. The activity must also comply with all conditions added by the Section 401 water quality certification. 14. Compliance Certification. Permittee will complete,sign and submit the enclosed certification(Enclosure 5) regarding the completed work and any required mitigation. 15. Case Specific Conditions. Mitigation: a. The mitigation plan must be fully implemented within one year of the date of the permit. Construction for all mitigation work will commence concurrently with the authorized filling activity. b. The mitigation site shall be monitored for a period of 5 years with an 80%survival rate being considered successful. Yearly reports shall be submitted to this office by December 31 of each year. These reports may be combined with Pacific Ridge Mitigation Reports if each respective area is clearly identified. c. The mitigation site shall be deed restricted and a copy of the deed shall be submitted to this office by the completion date of the project. d. Once the compensatory mitigation has been approved as complete,the permittee shall maintain the site,if consistent with the compensatory mitigation goals,by such activities as control of nutria, removal of exotic(non-native)or pest plant species,and controlled burning if consistent with the compensatory mitigation goals. The permittee may not engage in activities inconsistent with the compensatory mitigation goals,such as removal of vegetation or alteration of hydrology, without written approval from this office. • TIGARD TRIANGLE OFFICE COMPLEX DEVELOPMENT SITE DEVELOPMENT REVIEW APPLICATION BOOK SEPTEMBER 3, 1998 SPECHT DEVELOPMENT, INC. TIGARD LINE 2 Worksheet for Circular Channel 1 Project Description Project File untitled.fm2 Worksheet TIGARD Flow Element Circular Channel Method Mannings Formula Solve For Discharge Input Data Mannings Coefficient 0.013 Channel Slope 0.010000 ft/ft Depth 1.50 ft Diameter 18.00 in Results Discharge 10.50 cfs ( c+ 1 Flow Area 1.77 ft' Wetted Perimeter 4.71 ft Top Width 0.37e-7 ft Critical Depth 1.25 ft Percent Full 100.00 Critical Slope 0.009774 ft/ft Velocity 5.94 ft/s Velocity Head 0.55 ft Specific Energy 2.05 ft I Froude Number 0.15e-3 Maximum Discharge 11.30 cfs Full Flow Capacity 10.50 cfs Full Flow Slope 0.010000 ft/ft Flow is subcritical. I 1 I I I I09!02!98 FlowMaster v5.13 02.07:01 PM Haestad Methods, Inc. 37 Brookside Road Waterbury,CT 06708 (203)755-1666 Page 1 of 1 ALJ3 CITY OF TIGARD • A Program for Inspection Services and/or Material Testing _ Date: apc;1 13,19 w 47 .c1000e9 , City of Tigard: Plan Ck. No. Bup No. Sit No. �,y C ler- (769-A)-1.8 fgr'it Project Title: 77Gfl )�ztrmj � C ce- "-Address Architect of Record i._i 5 arlh,;ii,C/S Ph. address: 1121 Su,Sci meg», Sf� /I 0, Pe22:norjD1P2. Structural Engineer of Record: VVCnnK e -vS Ph. tea-44 53 address: 39 3 Stu } �/( i, / 7Z-M,.t10, D 97Z0/ 0 Geo-Technical Engineer of Record: 'D&n4 Ph. �D -5g y0 address: -7E50 1,c� 6r;4./0xi" ■ed. ilher7A9v0.6 Provide the following information for the testing agency chosen to provide inspection services and/or testing. Testing Agency: _ Ph. Fax. address Geo-Technical Agency:(eo - yhU//rs Ph. 'Z`1.9a1 / Fax. H2O - 59�d address 75a q Sul 8-,-%u Rf. Pe,-- n D, 07e.. The owner certifies that the above noted Agency has been employed to conduct the spe ,t inspections r observations required herein. 64l& - ),-o-2. tit_ /3- 9 n Signature of owner Phone No. Date 6 D b IU Vr i Spi � �� I LYe21-4-8: Print name Company name The following is a list of special inspection and/or services required by the 1996 Oregon Structural Specialty Code and Tigard's Municipal Code 14.06.010 through 14.06.040. The special inspections and/or testing services required for this project to be provided by the Testing Agency, Structural Engineer or Geo-Technical Engineer of Record are as follows: • Special Inspectors for the Testing Agency shall be qualified, to the satisfaction of the Building Official,for inspections of the particular type of construction or operation. • Special inspectors shall observe the work assigned herein for conformance with the approved plans and specifications and,submit copies of all inspection reports and,a final signed report in accordance with OSSC, Section 1701.3 to the building official. Category Description of Services Required Provided By Yes/No 1. Footings adjacent to slopes steeper than 33-1/3 % OSSC,Section 1806.4 a. Confirm building footings are properly set back from descending slope b. 2. Grading OSSC, Section 3309 a. Regular grading [less than 5,000 cu.yds.but considered unusual]* * Requirements for engineered grading apply. b. Engineered grading [exceeds 5,000 cu.yds.] Submit: 1. Geo-technical engineers report and, 2. a engineering geology report. 3. an as-built grading plan and, 4. a final report prepared by the soils engineer and, 5. the final report prepared by the geologist. C. 3. Fills OSSC, Section 3313 a. Preparation of ground.for fill on slopes exceeding 1 to 5(20%) Includes benching and proper termination at the toe of the slope b. Acceptance of fill materials C. Compaction of fill material to minimum 90%of maximum density. v X 4eo�/►Cj. • • 13125 SW Hall Blvd.,Tigard,OR 97223 [503]639-4172 FAX[503]684-7297 I:U3LDOSPLINSP I.DOC EROSION CONTROL JOINT PERMIT PURPOSE This permit is a 1200-C General Permit issued by the Unified Sewerage Agency through the authority of an intergovernmental agreement on behalf of the Department of Environmental Quality. This Permit is issued pursuant to ORS 468/40 and the Federal Clean Air Act. This permit is required for properties with construction activity including clearing, grading, and excavation activities, except for properties with operations that result in the disturbance of less than five acres of total land area which are not part of a larger common plan of development or sale. This Permit is also a Unified Sewerage Agency Erosion Control Permit issued in accordance with Section 5.02 of Resolution And Order 91-47, and also meets the requirements of the Tualatin Basin Erosion Control program specified in OAR 340-41-455(3). Whenever the rules of the erosion control programs are in conflict, the most restrictive rules shall apply. APPLICATION: 1. Name and Address,of Owner or Contractor 15C{/t�6' (GY►Sf/l �c-�71 Y�-- a55 z- ) /53 C Dr)4ke__ Ote6U,LeA."1-7Y (nQ 97106, 2. Location of Construction site if different than #1 7 6 a,--L d 02-- 3. Attach a plan or written description indicating: a. The nature of the construction activity. b. A site map showing the area that will undergo excavation or other soil disturbances during the life of the project, indicating cut and fill areas, approximate slopes anticipated after grading, areas used for storage of soils or wastes, the location of impervious structures after construction is completed, springs, wetland, and other surface waters, and the boundaries of the 100-year flood plain, if determined. c. An estimate of the total area of the site, and all other sites if a phased development project, and the area of the site that is expected to undergo clearing, excavation and/or grading. d. A description of the nature of fill material to be used, the soils on the site, and the erosion potential of such soils. 1 e. A plan showing those measures proposed to be used during the construction activity to control sediment in storm runoff. f. A timetable for major activities. g. An identification of the receiving waters with the drainage patterns of the site dictated. Monitoring and Reporting Requirements The following shall be accomplished by or under the direction of the Permittee: 1. All erosion control facilities shall be inspected at least once every seven calendar days and within 24 hours after any storm event of greater than 0.5 inches of rain per 24 hour period. 2. During stormy periods or periods of snow melt when runoff occurs daily, all erosion control facilities shall be inspected daily. 3. Storm water runoff discharges shall be visually monitored at the above frequency to evaluate the effectiveness of the pollution control facilities or practices. If any measurable quantities of sediment are leaving the property, corrective action shall be taken to reduce the discharge of sediments. 4. Keep a record of inspections, and any uncontrolled releases of mud or muddy water or measurable quantities of sediment found off the site with a brief explanation as to the measures taken to prevent future releases as well as any measures taken to clean up the sediment that has left the site. This record shall be made available to the Agency or DEQ upon request. For projects lasting more than one year, the inspection record shall be sent to the Agency by July 1 of each year. GENERAL REQUIREMENTS All general conditions and penalties for non-compliance shown in Sections A and B of the DEQ 1200-C permit shall apply. In addition, all conditions and requirements of Section 5.02 of Resolution and Order 91-47 and related enforcement provisions shall also apply. I HEARBY CERTIFY THAT THE INFORMATION THAT IS INCLUDED IN THIS APPLICATION IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE. • P -ac i-id 'W 19ems Name of Owner Title (Or legally authorized Representatives) 1 is 0 /i3/9/ Signature Date 2 • GENERAL CONDITIONS SECTION A. STANDARD CONDITIONS: 1. DUTY TO COMPLY The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Oregon Revised Statutes(ORS)468.720 and is grounds for enforcement action; for permit termination; suspension or modification; or for denial of a permit renewal application. 2. PENALTIES FOR VIOLATIONS OF PERMIT CONDITIONS Oregon Law(ORS 468.990)classifies a willful or negligent violation of the terms of a permit or failure to get a permit as a misdemeanor and a person convicted thereof shall be punishable by a fine of not more than $25.00 or by imprisonment for not more than one year, or by both. Each day of violation constitutes a separate offense. In addition to the criminal penalties specified above, Oregon Law(ORS 648.140)also allows the Director to impose civil penalties up to$10,000 per day for permit violations. 3. DUTIES TO MITIGATE The permittee shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from non-compliance with this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the non-complying discharge. 4. GENERAL PERMIT COVERAGE All persons desiring to be covered by this general permit must register with the Department or the Department's authorized agent. The registration form shall be submitted at least 90 days before construction is contemplated. 5. TOXIC POLLUTANTS The permittee shall comply with effluent standards or prohibitions established under Section 307(a)of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish those standards or prohibitions. 6. PROPERTY RIGHTS The issuance of this permit does not convey any property rights of any sort, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations. • 3 SECTION B. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS • 1. PROPERTY OPERATION AND MAINTENANCE The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances)which are installed or used by the permittee to achieve compliance with the conditions of this permit. 2. DUTY TO HALT OR REDUCE ACTIVITY Upon reduction, loss, or failure of the treatment facility, the permittee shall, to the extent necessary to maintain compliance with its permit, control all discharges until the facility is restored or an alternative method of treatment is provided. 3. REMOVED SUBSTANCES Solids, sludge's, or other pollutants removed in the course of treatment or control of wastewater's shall be disposed of in a manner such as to prevent any pollutant from such materials from entering public waters, creating a nuisance or creating a health hazard. IW/WC9/WC9011 (9-20-91) 4 .....• a r•ra amen jaw IMO N -, -S NW Pit 1111 MI IS MN el Am a a SJ sAtoJy Jo anq {' 1.1nv ..17114 fie 411010(amp , .. ri rb re rs M .. co . gyp !rn . Al .. rn_ * iii •� 0) � o � 1 in 0 41--‹ ?-v o'b TV Rif , MR V � , . 1� : rte as t II -II Wk. �� 1 4I_ ,I3 5a�7 i WI t III ik INS . i ,l:1 1 w :, ,./......0 1 Intl 1 1 1 iji z4) \ i z MI rm./ `Ddbj I , ix . — 10 •a,n, y.= ,v4). •c : X$ b 1 3 --- ?dth . Dd7ci --1O3 II 6 1 11111 Iii tea.► t _ ._ , `: ,. pin S.W. s: . :___ � s I o _1,1•11' .1.3, 69th 7-Ai. AVE. I ' IiII PT MIL. Ir -1'VIII IOU 01111 1 ...• .. _0.11■11.....w............. ,. . . lir I V 1 I 11 • MI l'w il, z x v n i ift , imili . ii , .„ . ... r 1 CO 7-1 Z.I •Q --:. .11.. u° elimill IA . "14, • IP t' I " N'AV , ._ ,,,,h 70 a141, T- O •-4 .0 5.. i -.m s INTERSTATE • cp 1111 Iii ' 111111111111011 ' - 11--- - gg ; R E ) TIGARD TRIANGLE g VLMK Consulting Engineers z w SW 70TH STREET 0 vii TIGARD, OREGON 3933 S.W. Kelly Ave./Portland, Or 97201-4393 co SHED MAP (503) 222-4453 / Fax (503) 248-9263