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Hearings Officer Packet - 08/23/19990 0 CITY OF TIGARD HEARINGS OFFICER 2Lk - CITY OF TIGARD Community (Deveoopment Shaping ,A Better Community AUGUST 23, 1999 - 7:00 P.M. A G E N..D A 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 PASCUZZI_SEWER LINE-EXTENSION SENSITIVE LANDS REVIEW (SLR) 1999-00006 PROPOSAL: The applicant is requesting Sensitive Lands Review approval and Water Resources Overlay approval to extend a sanitary sewer line across a Fanno Creek, an inventoried Major Stream. LOCATION: The address of the property to be served by the sewer line extension is 10250 SW North Dakota Street WCTM IS134DA tax lot 3400 and I S135CB tax lot 200. COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential (tax lot 3400) and Industrial (tax lot 200). ZONING DESIGNATION: R-12 and I-P. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.175 and 18.191. 3. OTHER BUSINESS 4. ADJOURNMENT CITY OF TIGARD HEARING'S OFFICER PAGE 2 OF 2 8113199 PUBLIC BEARING AGENDA CITY OF TIGARD HEARING'S OFFICER AUGUST 23, 1999 - 7:00 P.M. TOWN HALL TIGARD CITY HALL, 13125 SW HALL BOULEVARD TIGARD, OR 97223 2,o" 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) 639-4171, Ext. 320 (voice) or (503) 684-2772 JDD - 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 8123199 PUBLIC HEARING AGENDA • i AGENDA ITEM NO. a . 1 V Depending on the numb people wishing to testify, the *rd Hearing's Officer may r limit the amount of time each person has to speak. We ask 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 23, 1999 FILE NAME: PASCUZZI SEWER LINE EXTENSION CASE NOS.: SENSITIVE LANDS REVIEW (SLR) 1999-00006 APPLICANTIOWNER: Pascuzzi Investment PLANNING Spencer Vail I0250 SW North Dakota Street CONSULTANT: 4505 NE 24' Avenue Tigard, OR 97223 Portland, OR 97211 PROPOSAL: The applicant is requesting Sensitive Lands Review approval and Water Resources Overlay approval to extend a sanitary sewer line across a Fanno Creek, an inventoried Major Stream. LOCATION: The address of the property to be served by the sewer line extension is 10250 SW North Dakota Street WCTM IS134DA Tax Lot 3400 and IS135CB, Tax lot 200. COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential (Tax Lot 3400) and Industrial (Tax Lot 200). ZONING DESIGNATIONS: R-12 and I-P. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.775 and 18.797. PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS FOR THE AGENDA ITEM INDICATED DIRECTLY ABOVE. -AGENDA ITEM NG. 21 (PAG • ,/-? • DATE: AUGUST 23,1999 PLEASE PRINT YOUR NAME AND ADDRESS AND INCLUDE YOUR ZIP CODE Proponent - (Smakina In Favor) 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. 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. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and one No. CORM HUMITY NEWSPAPERS, ANC. P.O. BOX 370 PHONE (503) 6$40360 BEAVERTON, OREGON 97075 Legal Notice Advertising 'City of Tiqard i ? Tearsheet Notice 13125 SW Hall Blvd. Tigard, Oregon 97223 e ? Duplicate Affidavit "Accounts Payable 0 LNegotlc®a2ll TT 9 4 G 7 AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. I, Kathy SY ydimr being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of thtw7ard-Tana 1 t; n Tomes a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at m i c p; rtj in the aforesaid county and state; that the a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for OITE -successive and consecutive in the following issues: August 12,1999 Subscribed and sworn to be ore me thisl-2th day of aiig St,1999 OFFICIAL'SEAL ROSIM A. BURGESS A, 2 A, Not Pu lic for Oregon NOTARY PU COMMISSION NO, PUBLIC-OREGON 062071 My Commission Expires: MY COMMISSION EXPIRES MAY 16, 2061 AFFRDWY • • The following will be considered by the Tigard Hearings Officer on Mon- day, August 23, 1999, at 7 P.M., at 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 the rules of Chapter 18.390 of the Tigard Municipal Code, and rules and procedures of the Hearings Officer. Failure to raise an issue in person or by letter accompanied by statements or evidence suffi- cient to allow the hearings authority and all parties to respond 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 based on that criterion. Further information may be obtained from the Planning Division at 13125 SW Hall Boulevard, Tigard, Oregon 97223, or by calling (503) 639-4171. PUBLIC HEARING: SENSITIVE LANDS REVIEW [SLR] 1999-00006 > PASCUZZI SEWER LINE EXTENSION < A request for Sensitive Lands/Water Resources Overlay approval to ex- tend a sewer line across Fanno Creek. LOCATION: The address of the property to be served by the sewer line extension is 10250 SW North Dakota Street; WCTM 1S134DA Tax Lot 3400 and 1S135CB Tax Lot 0200. ZONES: R-12 (Medium Density Residential) and I-P (Industrial Park) with Water Resources Overlay. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390 (Decision Making Procedures); 18.775 (Sensitive Lands); and 18.797 (Water Resources Overlay District). ?- ... err' - .....tF'F•.?'?'•, -' ? /'• t SLR 1994.00006 j dl'• ??`-?? - \`; .. i'U"gar F UFx;?t PASIU111 Ee L•A r S ; ! ?1 Ew UNE I / EXIEN910N " 71 i ? ,.. - _- M467 - Publish August 12, 1999. • BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application for sensitive lands review and } FINAL ORDER water resources overlay review for extension of a sanitary ) sewer across Fanno Creek at roughly 10250 SW North } SLR 1999-0006 Dakota Street in the City of Tigard, Oregon ) (Pascuzzi Sewer) 1. SUMMARY 1. The applicant requests sensitive lands review approval for landform alterations and related construction work to extend a sanitary sewer across Fanno Creek within a Sensitive Lands and Water Resources area. 2. The applicant, Pascuzzi Investment, proposes to place an 8-inch sewer line in a 2- to 21/2-foot wide and 11- to 121/2-f0ot deep trench situated roughly 20 feet south of and parallel to SW North Dakota Street for about 240 linear feet. After completion of the sewer installation, the ditches will be backfilled and the disturbed area will be revegetated. At the west end, the new line intersects a 36-inch trunk. At the east end, a new lateral will extend south to connect with an existing lateral. The proposed line will cross portions of TL 200, 3300 and 3400 in Sections 34 and 35 of T1S, R1W, WM, Washington County. Plans for the sewer, including typical cross sections, are in the record. 3. The applicant has obtained permits from the US Army Corps of Engineers ("USCOE") and Oregon Division of State Lands ("ODSL") to undertake development on wetlands and waterways in conjunction with the project. A copy of those permits is in the record. Those permits allow the applicant to undertake in-water work only between July 1 and September 30. 4. The applicant also will enhance 0.02 acres to compensate for impacts to wetlands. Detailed enhancement plans, including specifications for plantings, are in the record. 5. A City hearings officer held a duly noticed public hearing on August 23, 1999 to review the application. City staff recommended approval. The applicant accepted the staff recommendation without objections. No one else offered timely oral or written testimony regarding the application. The hearings officer approves the sensitive lands review as provided herein. H. FINDINGS ABOUT SITE, SURROUNDINGS AND PUBLIC FACILITIES The hearings officer incorporates by reference the findings about the site and surroundings in Section III of the City of Tigard Staff Reported dated August 16, 1999 (the "Staff Report"), and the City Staff and agency comments in Sections V and VI of the Staff Report. III. APPLICABLE APPROVAL STANDARDS The hearings officer incorporates by reference the approval standards in Section IV of the Staff Report. Hearings Officer Final Order SLR 1999-0006 (Pascuzzi Sewer) Page I 0 • IV. HEARINGS AND RECORD 1. Hearings Officer Larry Epstein (the "hearings officer") received testimony at the public hearing about this application on August 23, 1999. The testimony is included herein as Exhibit A (Parties of Record), Exhibit B (Taped Proceedings), and Exhibit C (Written Testimony). These exhibits are filed at the Tigard City Hall. 2. At the hearing, city planner Julia Hajduk summarized the Staff Report and the applicable approval criteria. In response to a question from the hearings officer, she testified that the comment from City Engineers at page 9 of the Staff Report was intended to be a condition of approval, but was not included as such. She recommended the hearings officer add that comment as a condition of approval. 3. The applicant's representative, Spencer Vail, accepted the Staff Report, including the amendment to add the language on page 9 of the Staff Report as a condition, without objections or corrections. Mr. Vail waived the applicant's right to have the record held open for a final argument. The hearings officer closed the record after Mr. Vail's testimony. No one else appeared to offer testimony orally or in writing. V. EVALUATION OF REQUEST City staff recommended approval of the Sensitive Lands and Water Resources Reviews based on the findings in Section IV of the Staff Report and subject to conditions listed in Section II of the Staff Report as amended at the hearing to include the engineering comments on page 9 of the Staff Report. No one disputed those findings. The hearings officer concludes the findings in section IV of the Staff Report accurately reflect the law and the facts. The hearings officer adopts and incorporates those findings as his own. VI. CONCLUSION AND DECISION 1. Based on the findings adopted and incorporated herein, the hearings officer concludes that the proposed Sensitive Lands and Water Resources Review application complies with the applicable criteria and standards of the Community Development Code, provided development that occurs after this decision complies with applicable local, state, and federal laws and the conditions of approval of this decision. 2. In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and other reports of affected public agencies and testimony and exhibits received in this matter, the hearings officer hereby approves SLR 1999-0006 (Pascuzzi Sewer) subject to the conditions of approval in Section H of the Staff Report; provided, condition of approval 5 is hereby added to read as follows: - 5. The applicant shall construct a public sanitary sewer line from the USA trunk line to a.point adjacent to the west boundary of tax lot 200. The public line shall be constructed within the right of way of SW North Dakota Street. From that point on, the sewer line can be constructed as a private line. USA shall permit connection to the trunk line, and the City Engineering Department shall permit the public line to tax lot 200. Tigard Building Division will permit the private portion in a plumbing permit. D TE is 25th of Auk st, 1999. Larry Epst ity a Cgs Officer Hearings Oricer Final Order SLR 1999-0006 (Pascuzzi Sewer) Page 2 "EXHIBIT A" -- PARTIES OF RECORD (Written Public Testimony received at the hearing) NONE RECEIVED n t,J 10 "EXHIBIT B" -- TAPED PROCEEDINGS (Verbal recording of hearing including public, staff and Hearings Officer communications.) NOTE: Tapes are located in the Records Vault, Planning Section. 0 0 "EXHIBIT C" --WRITTEN TESTIMONY (Applicant's materials and pertinent correspondence filed with Hearings Officer prior to Public Hearing.) STAFF REPORT TO THE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON C"Y OF TIOARD Community OeveCapment Shaping ,g Better Community 120 DAYS = 11110199 SECTION I. APPLICATION SUMMARY CASE: PASCUZZI SEWER LINE EXTENSION .Sensitive Lands Review SLR1999-00006 PROPOSAL: The applicant is requesting Sensitive Lands Review approval and Water Resources Overlay approval to extend a sanitary sewer line across a Fanno Creek, an inventoried Major Stream. APPLICANT/ OWNER: COMPREHENSIVE PLAN DESIGNATION: ZONING DESIGNATION: Pascuzzi Investment 10250 SW North Dakota Tigard, OR 97223 PLANNING CONSULTANT: Spencer Vail 4505 NE 24th Avenue Portland, OR 97211 Medium Density Residential (Tax Lot 3400) and Industrial (Tax Lot 200). R-12 and I-P. LOCATION: The address of the property to be served by the sewer line extension is 10250 SW North Dakota Street; WCTM 1S134DA Tax Lot 3400 and 1S135CB, Tax Lot 200. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.775 and 18.797. SECTION II. RECOMMENDATION Staff recommends that the Hearings Officer find that the proposed extension of sewer line across Fanno Creek will not adversely affect the health, safety and welfare of the City. Therefore, staff recommends APPROVAL, subject to the following recommended conditions of approval. 8/23/99 STAFF REPORT TO THE HEARINGS OFFICER PAGE 1 OF 10 SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION 0 .0 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. Install approved erosion control measures prior to construction. Erosion control measures may not be removed until construction has been completed. 2. Prior to construction, the pipe alignment and work area shall be staked and clearly marked. 3. After construction is complete, all temporary erosion control measures will be removed. 4. Upon completion of construction, the site shall be restored to its original state with natural vegetation and replacement of soil. THIS APPROVAL SHALL BE VALID FOR EIGHTEEN (18) MONTHS FROM THE EFFECTIVE DATE OF THIS REPORT. SECTION III. BACKGROUND INFORMATION Site Historv: A computer search of the City records do not show any previous land use approvals have been granted for either of the lots. Vicinity Information, and Proposal Description: The sewer line extension is in an area zoned R-12. The sewer line will be extended across Fanno Creek, which is listed as a major stream on the Water Resources Overlay Map. There are City inventoried and jurisdictional wetlands within the area to be crossed. Because the proposal is to cross a floodway, Sensitive Lands Review (SLR) approval by the Hearings Officer is required. Because the drains eway is listed as a major stream and identified on the City's inventory, review is required for compliance with the Water Resources Overlay standards. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: SENSITIVE LANDS Section 18.775 states that the Hearings Officer shall have the authority to issue a sensitive lands permit in the 1001ear floodplain by means of a Type IIIA procedure, as overned in Section 18.390.050, using approval criteria contained in Section 8.775.070 B-E. Sensitive lands permits shall be required for any ground disturbance in the floodway. 0 - ear flood lain. The Hearings Officer shall approve, approve with conditions or deny an application request within the 100-year floodplain based upon findings that all of the following criteria have been satisfied: Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero-foot rise floodway shall not result in any encroachments, including fill, new construction, substantial improvements and other development unless certified by a registered professional engineer that the encroachment will not result in any increase in the flood levels during the base flood discharge; 8123199 STAFF REPORT TO THE HEARINGS OFFICER PAGE 2 OF 10 SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION 0 The suNeUrct proposal calls for the installation of sewer line. There will be only temporary impacts ing the construction period. The landform alteration is in the form of digging a trench for the sewer line and then back filling. Land form alterations or developments within the 100-year flood lain shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or development 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 app icable zoning standards The proposal involves extending a sewer line across Fanno Creek. Because this is a utility, this standard is satisfied. 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 proposed alteration is temporary in that it will last only for the duration of the construction of the sewer line. When completed, the water surface elevation will remain at its current level. The landform alteration or development plan includes a pedestrian/bic cle pathway, in accordance with the adopted pedestrian/hi cycle pathway plan, unless the construction of said pathway is deemed by the Hearings Officer as untimely; No pedestrian/Bicycle pathway is proposed by the applicant. The construction will parallel an existing roadway and no pathway is shown on the adopted pedestrian/bicycle plan in the comprehensive plan. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood; Because no pathway is proposed or required, this standard does not apply. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands (DSL) approvals shall be obtained; The applicant has applied for and received a Joint Permit application from the Division of State Lands and the US Army Corps or Engineers. 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. As stated above, no pathway is required, therefore, dedication is not required and this standard does not apply. FINDING: Based on the analysis above, the applicant's plan fully complies with the applicable SLR standards for alteration in 100-year floodplain. Excessive slopes The appropriate approval authority shall approve, approve with conditions or deny an application request for a sensitive lands permit on slopes of 25% or greater or unstable ground 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 an extent greater than that required for the use; 8/23199 STAFF REPORT TO THE HEARINGS OFFICER PAGE 3 OF 10 SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION • • The site disturbances are temporary in that once the sewer line is constructed, the site will be restored to its original state. 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 applicant must comply with erosion control methods as approved by the Division of States Lands, US Army Corps of Engineers and The City of Tigard Engineering Department which will insure this standard is met. The structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl space areas for development with any of the following soil conditions: wet/high water table; high shrink-swell capability; compressiblelorganic; and shallow depth-to-bedrock; and No structures are proposed, therefore, this standard does not apply. 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. All areas disturbed will be brought back to their original state and re-vegetated once the construction of the sewer line is complete. 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. The following shall apply to all development, includingg native vegetation removal and excavation, within the WR overlay district. No a plication 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 propposed private sewer line will connect to a 36" USA sewer line located along the west side of Fanno Creek. Connecting to this line as proposed will allow for a gravity flow. It is the closest sewer available. The alternative is to continue to use the old septic system. FINDING: Because the applicant has provided information indicating that no alternative location is available due to the topography necessary to provide sanitary sewer service to the properties, this criterion has been satisfied. 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. 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; 8123/99 STAFF REPORT TO THE HEARINGS OFFICER PAGE 4 OF 10 SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION • 0 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 applicant's narrative states that the reports and agency permits together with their conditions and recommendations will minimize siting impacts. These impacts will be temporary in nature and will last only for the duration of the construction. Staff concurs that the proposal has been designed to minimize impacts as much as possible given that the crossing of Fanno Creek is necessary in this location. FINDING: Because the proposal will minimize the impacts as much as possible, this standard has been satisfied. 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 applicant's mitigation plan approved as part of the Joint Permit process addresses specific construction techniques. Compliance with the permits previously approved will insure this standard is satisfied. FINDING: Because the applicant's approved mitigation plan will insure that damage to the water quality and native vegetation will be- minimized, this standard has been 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. Minimize flood damage. Above-ground residential structures shall not be permitted within the WR overlay district, where such land is also within the 100-year floodplain. On-site flood storage capacity shall not decrease as a result of development. The cumulative effects of any proposed development shall not reduce flood storage capacity or raise base flood elevations on- or off-site. Any new commercial or industrial land development proposed within the 100-year floodplain shall be designed consistent with Chapter 18.775, sensitive Lands. No residential structures are proposed. The proposed extension will not decrease the flood storage capacity because the construction will return the site to its original state upon completion. FINDING: Because the applicant has indicated that the site will be returned to its original state upon completion of the project, this standard has been satisfied. 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. This standard does not apply because the project is necessary to construct a public facility. FINDING: Because the project is necessary to construct a public facility, this standard does not apply. Minimize impacts on existing vegetation. The following standards shall apply when construction activity is proposed in areas where vegetation is to be preserved. Temporary measures used for initial erosion control shall not be left in place permanently; The applicant has not stated that all temporary erosion control devices will be removed, therefore, a condition to this effect is necessary. &23199 STAFF REPORT TO THE HEARINGS OFFICER PAGE 5 OF 10 SLR 1 99 9-0 000 61PASCUZZI SEWER LINE EXTENSION 0 0 Work areas on the immediate site shall be carefully identified and marked to reduce potential damage to trees and vegetation; The Joint permit approval requires the wetlands to be clearly flagged which will insure this standard is satisfied, however, a condition will also be required that prior to construction, the pipe alignment and work area will be staked and clearly marked. Trees shall not be used as anchors for stabilizing working eqquipment. During clearing operations, trees and vegetation shall not be permitted to fa(1 or be placed outside the work area; The applicant has stated that no trees will be impacted by this proposal. The condition to clearly mark the work area will help to insure that this standard is met. In areas designated for selective cutting or clearing, care in fallin and removing trees and brush shall be taken to avoid injuring trees and shrubs to be Deft in place; The applicant's wetland delineation and mitigation plan states that no trees will be impacted, therefore, this standard does not apply. Stockpiling of soil, or soil mixed with vegetation, shall not be permitted on a permanent basis. Excavated material will be stored adjacent to the trench. The contractor will then replace the topsoil over the trenches after the sewer line is in place. FINDING: Based on the analysis above, the applicant's plan indicates that the above standards will be satisfied provided that the following conditions are met. CONDITIONS: • Prior to construction, the pipe alignment and work area shall be staked and clearly marked. After construction is complete, all temporary erosion control measures will be removed. 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. Vegetation mitigation plan. If a Type II or III use is proposed within a water resource site or riparian setback area, or mitigation is ropposed as a method to reduce the riparian setback in accordance with Section 1p8.797.100, 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 applicant has indicated that re-vegetation will occur after the installation of the proposed sanitary sewer line. In addition, the applicant will be enhancing a .02 acre wetland/riparian area along Fanno Creek in compliance with the approved mitigation plan. 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; The proposal does not request a reduction in the riparian setback area, therefore, this standard does not apply. 8123199 STAFF REPORT TO THE HEARINGS OFFICER PAGE 6 OF 10 SLR 1 99 9-00 00 61PASCUZZI SEWER LINE EXTENSION • . • The re-vegetation plan shall provide for the replanting and maintenance of native plant species designed to achieve pre-disturbance conditions. The applicant shall be responsible for replacing any native plant species that do not survive the first two years after planting, and for ensuring the survival of any replacement plants for an additional two years after their replacement. The applicant's re-vegetation plan provides for the replanting and maintenance of native plant species designed to achieve pre-disturbed conditions and better. The applicant has not acknowledged responsibility for the replacement of plants that do not survive the first 2 years following construction and any replacement plants for an additional two years thereafter. However, by submitting a proposal to comply with these standards the applicant is accepting responsibility for complying with all standards before, during and after construction. FINDING: Based on the analysis above, the applicant's plan indicates that the vegetation mitigation plan 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. Water and sewer infiltration and discharge. Water and sanitary sewer facilities shall be designed, located and constructed to avoid infiltration of floodwaters into the system, and to avoid discharges from such facilities to streams and wetlands. Because this is simply a line crossing the creek, infiltration of floodwaters and discharges into the stream and wetlands are unlikely. FINDING: Because the sanitary sewer line has been designed using appropriate design standards and the line itself is not likely to be discharged into stream and wetlands or be infiltrated with floodwaters, this standard has been satisfied. On-site systems. On-site septic systems and private wells shall be prohibited within the WR overlay district. With the approval of this sewer line extension, the existing septic systems will be discontinued FINDING: Because the existing septic system will be discontinued as a result of this project being approved, this standard does not apply. Erosion control lan. 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's narrative states that sufficient erosion control methods such as silt barriers, will be empplo ed. A condition will be attached requiring the erosion control measures to be approved b the Engineering Department and to be in place prior to construction. This may be removed only after construction has been completed. 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 applicant has indicated that the excavated soil will be stored adjacent to the trench. The condition to clearly mark the construction area will insure that this is further satisfied. 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; 8/23199 STAFF REPORT TO THE HEARINGS OFFICER PAGE 7 OF 10 SLR 1999-00005/PASCUZZI SEWER LINE EXTENSION 0 The applicant's joint permit allows construction between July and September only. By complying with this restriction, the applicant will meet this standard. Exposed soils shall be covered by mulch, sheeting, temporary seeding or other suitable material following grading or construction, until soils are stabilized. Duringg 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; The applicant has provided a re-vegetation plan that indicates that the exposed soils will be covered after construction is complete. 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; Erosion control measures will be in place prior to construction. The sewer alignment across the creek will utilize cofferdams which will effectively hold sediment and run-off. 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; Because the project is adjacent to the road, there is no need for "entrances" to the development 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; The applicant's plans indicate that the topsoil removed will be reused to re-establish existing grades and support re-vegetation. 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 dramageways; The applicant has proposed erosion control measures which will insure that sediments due to erosion are controlled on-site, however, the applicant will be responsible for the removal of any sediments carried into the street, water resources, or private property. This will be insured by requiring this standard to be met prior to final inspection. 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 Engineering plans will be reviewed for compliance with applicable erosion control standards. The Director will not require any additional requirements. FINDING: Based on the analysis above, the applicant's plan indicates that the above .standards will be satisfied provided the following condition is met: CONDITION: Prior to construction, the erosion control plans must be approved by the City Engineer. 8123199 STAFF REPORT TO THE HEARINGS OFFICER PAGE 8 OF 10 SLR 1999-000061PASCUZZI SEWER LINE EXTENSION 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. 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 of Re-vegetation Plan shall be implemented and 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 and re-vegetation plan that will insure the standards are met. A condition will be required that all erosion control measures be in place prior to beginning construction. 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. SECTION V. OTHER STAFF COMMENTS The Engineering Department has reviewed the proposal and provided the following comments: The applicant will be required to construct a public sanitary sewer line from the USA trunk line to a point adjacent to the west boundary of tax lot 200. The public line shall be constructed within the right-of-way of SW North Dakota Street. From that point on, the sewer line can be constructed as a private line. USA shall permit the connection to the trunk line, and the City Engineering Department shall permit the public line to tax lot 200. Tigard Building Division will permit the private portion in a plumbing permit. SECTION VI. - AGENCY COMMENTS The US Army Corps of Engineers had an opportunity to review this proposal and offered no comments or objections. The Oregon Division of State Lands has had an opportunity to review the proposal and pprovided the following comments: "A Division of State Lands permit has been issued RF-16736 which authorizes the sanitary sewer line improvement. The permit expires 3/1512000." 8!23199 STAFF REPORT TO THE HEARINGS OFFICER PAGE 9 OF 10 SLR 1999-00006/1PASCLIZZI SEWER LINE EXTENSION i i August 16. 1999 PREPAREDSK: Julia Pow Hajduk DATE Associate Planner ?X August 16. 1999 APPROVED BY: Richard Bewersdorff DATE Planning Manager i :1cu rp I n1j u I iMsl r99-0006.doc 8123199 STAFF REPORT TO THE HEARINGS OFFICER PAGE 10 OF 10 SLR 1999-000061PASCUZZI SEWER LINE EXTENSION co N 7 O O N IV (D m -- x CA _- ____-_?___-- __-_------- ------__-________-------- j I o :,yN E DROP P +SW NORTH DAKOTA STREETS a n IX.EP 70.22 1f ErwC D-3014_ Emm UK mc y -- -- -- ? , / l- _ 7uTEA v?loE BOx Ex. ? •' - - E7L v . nwn •w - Ofj'll ?-_ •. - /.E*W+DS 7--` Yom - - ?R? -- 7:a Tno.7'aM tr+E ?. ?2a i. ' 6 y _ Jf - 1 57M IE - LINE ',t SFA6+ ?. ? ._ 1? T' .HI '?[L WSULL la -?- ._!6F 1 ` 'BEND FMINO \IE.173.25' N ? ro / y a `CREEK b? \ B I / E705TING 17STUS w/rF.17REDUCER P / `- ' '' IXITPAU. ' . IX 2-M Ovr " 1 w E ! \ S z \ Or E.I.1 7 . 1 ?Z T/L3300 IX.rATER: \ Ei our vAUU .:- TAX MAP 1 S- i -34DA f f 7/1.3400 ^' EXISTING DRAIN FIELD PPo 1 s OA TrARO & ? 70 BE ABANDONED o MEADOWS TRACT Mr s ',W 7 UNE 'A' STA.3+25 a4 YNAISA 4070 S IDE DRO P \ " ExT5Tm SEr% TANK I [a '? ? Uu (SEEIOEIAL) (70 BE REIKNED) M ' MOG PV TAX LOT 3400 TAX LOT 200 uNE a ,,,T C? S4Wrt? C 3036 RECONNECT _ ex" ?° I I UNE 'A• STA 1+04 50 I I . EXIMNO MANHOLE - RDA M S PLAP .p I I RECONSTRUCT .« BASE RM.,63.se o I I - Ex15TM0 BURDMO _ I? II cc II non II - II rri L^ rri? IT7 ?r 4w? C r ? Z z 1"1'1 CITY OF TIGARD PLANNING DIVISIO N s I ? Q?pMOND G GEOGRAPHIC INFORMATION SYSTEM LACK AO$ `` W > Q AVE VICINITY MAP WINDSO ?U SSW GENEVA ?J. co WINDS PL U? SLR 1999-00006 2 2 SUBJECT Ong PASCUIII o F TAX LOTS SEWER LINE EXTENSION NORT z 00 0 T co a o z _ A p ? U ST ST o loo zoo Sag 400 Sao Feel C. V= 378 feet 2 IHAS C1 City of Tigard `P Off(/ Information on this map is for general location only and should be verified with the Dmiopment Services Division. 13125 SW Hall Blvd Tigard, OR 97223 (503) 6394171 httpltM ,ci.ggardor.us Community Development Plot da te: Jul 14, 1999; C:%magicNAGIC03.APR 0 SENSITIVE LANDS REVIEW 0 The applicant proposes to construct a private sewer line from his existing buildings to the public sewer located about 240 feet west of the subject site. To reach the public sewer the proposed private line must extend through a sensitive wetlands area and cross Fanno Creek. The applicant retained the services of Pacific Habitat Services Inc. to prepared a Wetlands Delineation and Mitigation Plan. That report accompanies this application. Chapter 18.775 -Sensitive Lands Section 18.775.070 Sensitive Land Permits A. Permits Required Comment: This section requires a permit for development within a sensitive land area and establishes the approval criteria. Following is a listing of the appropriate criteria and the applicant's responses thereto. B. Within the 100 ,year flood plain 1. Land form alterations shall preserve or enhance the floodplain storage function and maintenance... Comment: The subject proposal calls for the installation of sewer line. There will be only temporary impacts during the construction period. The land form alteration is in the form of digging a trench for the sewer line and then back filling. 2. Land form alterations or developments within the 100 year flood plain shall be allowed only in areas designated as commercial or industrial.... Comment: The subject property is designated for industrial uses on the comprehensive Plan. 3. Where a land form alteration or development is permitted to occur within a flood plain it will not result in........ Comment: The proposed alteration is temporary in that will last only for the duration of t he construction of the sewer line. When completed, the water surface elevation will remain at its current level. 4. The land form alteration or development plan includes a pedestrian/bicycle pathway... Comment: No pedestrian/bicycle pathway is proposed. The construction will parallel an existing roadway. 0 Sensitive Lands Review Pascuzzi property • 5. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood Comment: Since no pathway is being proposed, this criteria is not applicable. b. The necessary US Army Corps of Engineers and State of Oregon Land Board, division of State Lands approvals shall be obtained. Comment: These permits have been obtained and copies are submitted with this application. Conditions attached to their approvals will be complied with by the applicant. 7. Where land form alterations and/or development are allowed within or adjacent to the 100 year flood plain, the City shall require the consideration of sufficient open land area..... Comment: No dedication is proposed. As stated above, the sewer line construction parallels SW North Dakota Street. C. With Excessive Sippes Comment: This criteria is addressed because of the slope between the top of bank and Fanno Creek exceeds 25%. The extent and nature of the proposed land alteration or development will not create site disturbances to an extent greater.... Comment: The sewer line will be constructed beneath Fanno Creek. The excavation associated with the construction will disturb as little ground as possible. Conditions of the other permits already acquired also require minimal disturbances. l . The proposed land for alteration or development will not result in erosion, stream sedimentation..... Comment: The applicant will be responsible for returning the bank to its natural condition as well as planting additional landscape materials to enhance the site. See State Lands permit. 2. The structures are appropriately sited and designed to ensure structural stability..... Comment: No structure are proposed. 3. Where natural vegetation has been removed due to land form alteration or development, the area not covered... -page 2- • • Sensitive Lands Review Pascuzzi property Comment: As mentioned in 92 above, additional landscape materials will be planted. D. Within Drainageways 1. The extent and nature of the proposed land form alteration or development will not create site disturbances.......... Comment: The alterations proposed are temporary in nature and will only last as long as the construction period. 2. The proposed land form alteration of development will not result-in erosion, stream sedimentation .......... Comment: The Pacific Habitat Wetland Delineation and Mitigation Plan contains construction techniques to minimize impacts of the construction. These include such provisions as the storage of excavated materials, use of silt barriers and clay plugs to control groundwater will be utilized. 3. The water flow capacity of the drainageway is not decreased,...... Comment: Again, there will be a temporary impact during construction. When completed, the entire project will be underground with no impacts on water flow. 4. Where natural vegetation has been removed due to land forma alteration or development, the area not covered by........... Comment: There is a mitigation program contained Pacific Habitat report and its implementation is a condition of already obtained permits. See Figure 9 in that report. 5. The drainageway will be replaced by a public facility of adequate size to accommodate...... Comment: Not applicable to this proposal. No public facility is involved. 6. The US Army Corps Of Engineers and the State of Oregon Land Board, Division of State lands approvals shall be obtained..... Comment: All of these permits have been obtained and are attached to this application. 7. Where land form alterations and/or development are allowed within or adjacent to the floodplain............ -page 3 - • Sensitive Lands Review Pascuzzi property • Comment: No dedication is proposed. As stated above, the sewer line construction parallels SW North Dakota Street. E. Within Wetlands 1. The proposed land form alteration or development is neither a on a wetland in an area designated as a significant... Comment: The site is not designated as a significant wetland on the Comprehensive Plan. 2. The extent and nature of the proposed land form or alteration will not create a site disturbance......... Comment: The proposed sewer line construction will involve only a temporary alteration and a mitigation plan is in place to restore the disturbed areas. 3. Any encroachment or change in on-site or off- site drainage...... Comment: The proposed sewer line construction will involve only a temporary alteration and a mitigation plan is in place to restore the disturbed areas 4. Where natural vegetation has been removed due to land form alteration or development.......... . Comment: A replanting program is part of the mitigation Plan. Additionally, no impervious surfaces are being created. The entire sewer project, when completed, will be entirely underground. 5. All other sensitive land requirements Of this chapter have been met.... Comment: All other requirements of this chapter have been addressed above and/or are contained in the reports, drawings and permits attached hereto. 6. The provisions of Chapter 18.790, Tree Removal, have been met. Comment: No trees are being removed. Additional trees will be planted. T. Physical Limitations and Natural Hazards, Floodplains and Wetlands, Natural Areas, and Parks Recreations and Open Space policies of the Comprehensive Plan Have been satisfied.. Comment: The current sewer line is connected to an older septic system with a drain field which is near the Creek. The proposed sanitary sewer will bypass the septic system and connect the property to a public sewer. - page 4 . Sensitive Lands Review Pascuzzi property There is great public benefit in such a proposal in that the wetlands, open spaces and natural areas will be protected against a possible failure of the old septic system. Chapter 18.797-Water Resources Section 18.797.080 Development Standards A. Alternatives considered Comment: The proposed private sewer line will connect to a 36" USA sewer located along the west side of Fanno Creek. Connecting to this line as proposed will allow for a gravity flow. It is the closet sewer available. The alternative is to continue to use the old septic system. B. Minimize siting impacts Comment: The reports and other agency permits together with their conditions and recommendations will minimize siting impacts. These impacts will be temporary in nature and will last only for the duration of the construction period. C. Construction materials ands methods Comment: The mitigation plan accompanying this submittal discusses and recommends specific construction techniques. D. Minimize flood damage Comment: No structures are involved in this proposal. It is for an underground sewer line. E. Avoid Steep slopes Comment: It is necessary to cross Fanno Creek to get to the public sewer. The areas of excavation will be back filled and the mitigation plan calls for replanting to enhance the disturbed area. F. Minimize impacts on existing vegetation Comment: It is necessary to cross Fanno Creek to get to the public sewer. The areas of excavation will be back filled and the mitigation plan calls for replanting to enhance the disturbed area. G. Vegetation mitigation plan Comment: The mitigation plan attached specifies specific plant materials for use in re-vegetation and enhancement of the disturbed areas. H. Water and sewer infiltration and discharge Comment: The design and construction techniques involved the use of clay plugs, -pap 5 - 0 Sensitive Lands Review Pascuzzi property bales and controlled storage of the excavated materials all aimed at protecting adverse impacts of the wetlands area. I. On-site systems Comment: The proposal calls for the discontinuance of an existing septic system. J. Erosion control Comment: Erosion control techniques are specified in the Pacific Habitat report and are attached as conditions to the permits already received. K. Plan implementation Comment: This application contains erosion control and re-vegetation plan for the city's consideration. It has been accepted and attached as conditions to the approval of the other agency permits L. Type III conditional uses Comment: 1. The proposal call for the construction of a private sewer line that will need to cross Fanno Creek in order to tie into an existing City Sewer system. There will be a temporary disturbance in the resource area during the construction period. By incorporating the recommendation and conditions included with the Pacific Habitat report and the permits of the other governing agencies, the end result will be no loss in the resource area values. 2. The Pacific Habitat report contains a detailed mitigation plan and its recommendations are incorporated into the development plans for the sewer line extension, Conclusion: The above listed approval criteria have been satisfactorily addressed. With the conditions recommended in the Pacific Habitat Report attached to the city's approval, the proposed sewer extension can be accomplished with minimal disruption to the wetlands area. SHV/me July 1, 1999 -page6- 1 • 0 Wetland Delineation and Mitigation Plan for a Proposed Sewer Line Route in Tigard, Oregon Prepared for Pasquale Pascuzzi 10250 SW North Dakota Street Tigard, Oregon 97223 Prepared by Caroline Rim Julie Fukuda John van Staveren Pacific Habitat Services, Inc. 9450 SW Commerce Circle, Suite 180 Wilsonville, Oregon 97070 (503) 570-0800 (503) 570-0855 FAX PHS Project Number: 8-1754 January 8, 1999 i i3 v TABLE OF CONTENTS Page 1.0 INTRODUCTION ......................:....................................................................................1 2.0 WETLAND AND WATERS OF THE STATE DEFINITION AND CRITERIA....1 2.1 Regulatory Jurisdiction ...........................................................................................1 2.2 Waters of the State and Wetland Definition ........................................................... l 2.3 Wetland Criteria .....................................................................................................2 2.3.1 Wetland Hydrology ....................................................................................2 2.3.2 Wetland Substrate (Soils) ...........................................................................2 2.3.3 Wetland Biota (Vegetation) ........................................................................3 3.0 PROJECT METHODOLOGY ......................................................................................3 3.1 Off Site Research .....................................:.............................................................3 3.2 Wetland Delineation Field Methodology ...............................................................4 4.0 WETLAND CRITERIA DISCUSSION .......................................................................4 4.1 Topography ............................................................................................................4 4.2 Hydrology ...............................................................................................................4 4.3 Soils ....................................................................................................................5 4.4 Vegetation ..............................................................................................................5 5.0 WATERS OF THE STATE AND WETLAND DISCUSSION AND CONCLUSIONS .........................................................................................6 5.1 National Wetlands Inventory ..................................................................................6 5.2 Waters of the State and Wetland Conclusions .......................................................6 6.0 PROJECT DESCRIPTION ...........................................................................................7 6.1 Proposed Sanitary Sewer Alignment ......................................................................7 6.2 Proposed Wetland Impacts .....................................................................................7 7.0 WETLAND MITIGATION AND RESTORATION ...................................................8 7.1 Proposed Wetland Mitigation ............................................., ..................................8 8.0 PROJECT SUMMARY ..................................... ............................................................. 8 9.0 REFERENCES ..............................................................................................................10 APPENDIX A: Wetland Determination Data Forms h 1.0 INTRODUCTION Pacific Habitat Services, Inc. (PHS) conducted a wetland determination and delineation on the site of a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (Township 1 South, Range 1 West, Sections 34 and 35). The site is located north of SW Tigard Street, south of SW North Dakota Street, and west of SW Greenburg Road. The generalized location is shown in Figure 1. The proposed route runs west to east for approximately 240 linear feet, parallel to the southern edge of SW North Dakota Street. Fanno Creek is located south of the proposed route. The sewer line will cross the creek one time at the eastern end of the route. This report presents the definitions and the methodology used to determine the location and extent of wetland along the proposed route, followed by a discussion of site characteristics as they pertain to the three required wetland criteria. Also included are the proposed sewer line alignment, proposed impacts to wetland and waters of the state, and mitigation and restoration to compensate for the proposed impacts. The wetland delineation was conducted on November 24, 1998. 2.0 WATERS OF THE STATE AND WETLAND DEFINITION AND CRITERIA 2.1 Regulatory Jurisdiction Wetlands and water resources in Oregon are regulated by the Oregon Division of State Lands (DSL) under the Removal-Fill Law (ORS 196.800-196.990) and by the US Army Corps of Engineers (COE) through Section 404 of the Clean Water Act. The primary source document for wetland delineations within Oregon is the Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1 (Environmental Laboratory 1987) which is recognized by both DSL and COE. 2.2 Waters of the State and Wetland Definition Waters of the state are defined as "natural waterways including all tidal and nontidal bays, intermittent streams, constantly flowing streams, lakes, wetlands and other bodies of water in this state, navigable and nonnavigable...". "Natural waterways" is further defined as waterways created naturally by geological and hydrological processes, waterways that would be natural but for human-caused disturbances (e.g. channelized or culverted streams, impounded waters, partially drained wetlands or ponds created in wetlands)..."(DSL, 1995). Pacific Habitat Services, Inc. -1- Pacific Habitat Services, Inc. Figure 1. Location and general topography of a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (U.S.G.S., Beaverton, OR, 7.5 minute quadrangle, 1961 photorevised 1984). 198 _ 5-1754 I 0 0 I A wetland is defined as "those 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" (DSL, 1995). 1 2.3 Wetland Criteria J Based on the above definition, three major factors characterize a wetland: hydrology, substrate, and biota. 2.3.1 Wetland Hydrology Wetland hydrology is related to duration of saturation, frequency of saturation, and critical depth of saturation. The 1987 manual defines wetland hydrology as inundation or saturation within a major portion of the root zone (usually above 12 inches), typically for at least 12.5% of the growing season. The wetland hydrology criterion can be met, however, if saturation within the major portion of the root zone is present for only 5% of the growing season, depending on other evidence. The growing season is defined as the portion of the year when soil temperatures at 19.7 inches below the soil surface are higher than biological zero (41 degrees Fahrenheit, 5 degrees Celsius), but also allows approximation from frost free days, based on air temperature. The growing season for any given site or location is determined from United States Department of Agriculture (USDA), Natural Resources Conservation Service (MRCS) (formerly USDA, Soil t.¢ Conservation Service (SCS)) data and information. Wetland hydrologic indicators include the following: visual observation of inundation or saturation, watermarks, drift lines, sediment deposits, drainage pattern, and/or oxidized rhizospheres with living roots. Oxidized rhizospheres are defined as yellowish-red zones around the roots and rhizomes of some plants which grow in frequently saturated soils. 2.3.2 Wetland Substrate (Soils) Most wetlands are characterized by hydric soils. Hydric soils are those that are ponded, flooded, or saturated for long enough during the growing season to develop anaerobic conditions. Periodic saturation of soils causes alternation of reduced and oxidized conditions which leads to the formation of redoximorphic features (gleying and mottling). Mineral hydric soils will be either gleyed or will have bright mottles and/or low matrix chroma. The redoximorphic feature known as gley is a result of greatly reduced soil conditions which result in a characteristic grayish, bluish or greenish soil color. The term mottling is used to describe areas of contrasting color within a soil matrix. The soil matrix is the portion of the soil layer that has the predominant color. Soils which have brightly colored mottles and a low matrix chroma are indicative of a fluctuating water table. Pacific Habitat Services, Inc. _2_ 0 0 Hydric soil indicators include: organic content of greater than 50% by volume, sulfidic material or "rotten egg" odor, and/or presence of redoximorphic features and dark soil matrix, as determined by the use of a Munsell Soil Color Chart. This chart establishes the chroma, value and hue of soils based on comparison with color chips. Mineral hydric soils usually have a matrix chroma of 2 or less in mottled soils, or a matrix chroma of 1 or less in z unmottled soils. 2.3.3 Wetland Biota (Vegetation) Wetland biota is defined as hydrophytic vegetation. A hydrophyte is a plant species that is capable of growing in substrates that are periodically deficient in oxygen as a result of saturated soil conditions. The US Fish and Wildlife Service, in the National List of Plant Species that Occur in Wetlands, has established five basic groups of vegetation based on their frequency of occurrence in wetlands. These categories, referred to as the "wetland indicator status", are as follows: obligate wetland plants (OBL), facultative wetland (FACW), facultative (FAC), facultative upland (FACU), and obligate upland (UPL). Indicator Code Status D OBL Obligate wetland. Estimated to occur almost exclusively in wetlands (>99%) FACW Facultative wetland. Estimated to occur 67-99% of the time in wetlands. FAC Facultative. Occur equally in wetlands and non-wetlands (34-66%). FACU Facultative upland. Usually occur in non-wetlands (67-99%). UPL Obligate upland. Estimated to occur almost exclusively in non-wetlands (>99%). If a species is not assigned to one of the four groups described above it is assumed to be obligate upland. NI Has not yet received a wetland indicator status, but is probably not obligate upland. 3.0 PROJECT METHODOLOGY 3.1 Off Site Research Prior to beginning field work, available information was reviewed in order to ascertain where potential wetland/waters of the state may exist on-site, and to facilitate the gathering of data. This review included the USGS topographic quadrangle, the Soil Conservation Service soil series maps, the list of Oregon hydric soils by County, the US Fish and Wildlife Service (USFWS) National Wetlands Inventory (NWI) map, and the Local Wetlands Inventory (LWI) map for the site. Pacific Habitat Services, Inc. -3- 3.2 Wetland Delineation Field Methodology Observations of hydrology, soils, and vegetation, were made using the "Routine On-site" delineation method as defined in the 1987 manual. One-foot diameter soil pits were excavated up to a depth of 18 inches in selected locations. The soil profiles were examined for hydric soil and wetland hydrology field indicators. In addition, a visual percent-cover estimate of the dominant species of the plant community was performed using soil pit locations as a center of reference. Dominant plant species are based on estimates of percent cover for herbaceous, woody vine, and shrub species within a 5 Y foot radius of the sample point, and basal area cover for tree species within a 30 foot radius of the sample point. Plant species in each vegetative layer which are estimated at less than 20% are not considered to be dominant. The wetland indicator status is then used to determine if ' there is an overall dominance (greater than 50%) of wetland or upland plant species. Data documenting the three criteria for the representative sample locations are recorded in the ' field. This information is subsequently transferred to standard wetland delineation data sheets, which are included in Appendix A. In addition to the sample points, numerous other soil pits were excavated between the data points to verify changes in the three criteria. 4.0 WETLAND CRITERIA DISCUSSION 1? 4.1 Topography i The proposed sewer line route parallels the southern edge of SW North Dakota Street. South of the proposed route, the relatively level ground transitions into the northern bank of Fanno Creek. The channelized creek flows west then south. The elevation along the pipeline route is Ll approximately 155 feet National Geodetic Vertical Datum (NGVD). i3 4.2 Hydrology The study area lies within the Fanno Creek floodplain. Most of the site is hydrologically influenced by direct precipitation and stormwater runoff from surrounding development. The western end of the site is slightly lower in elevation and subject to groundwater fluctuations associated with Fanno Creek. The hydrology criterion for jurisdictional wetland was satisfied at the western end of the proposed route by the presence of shallow water tables, soils saturated to the surface, active oxidized rhizospheres, evidence of ponding, and wetland drainage patterns. Pacific Habitat Services, Inc. -4- 4.3 Soils The U.S. Department of Agriculture, Natural Resources Conservation Service (MRCS) (formerly, Soil Conservation Service (SCS)) has mapped the site as having Cove silty clay loam (map unit 13), and Wapato silty clay loam (map unit 43). Both of these soils are considered to be hydric by the NRCS (SCS, 1989) (Figure 2). Cove soils consist of poorly drained soils that formed in recent clayey alluvium on floodplains. In a representative profile, the surface layer is very dark gray, mottled silty clay loam about 8 inches thick. The subsoil is very dark gray, gleyed and mottled clay about 32 inches thick. The substratum is very dark gray clay that extends to a depth of 60 inches or more. Permeability is very slow. This soil is classified as a fine, montmorillonitic, mesic Vertic Haplaquoll. The Wapato series consists of poorly drained soils that formed in recent alluvium on floodplains. In a typical profile, the surface layer is very dark grayish-brown silty clay loam about 14 inches thick. The subsoil is dark grayish-brown silty clay loam about 28 inches thick. Permeability is moderately slow. This soil is classified as a fine-silty, mixed, mesic Fluvaquentic Haplaquoll. Most of the soils along the proposed sewer line route were quite disturbed due to the close proximity to SW North Dakota Street. Soils observed on the site ranged in color from dark grayish-brown (10YR 4/2) and very dark grayish-brown (10YR 3/2), to dark gray (10YR 4/1), with textures of silt loam, silty clay, and silty clay loam. The hydric soils criterion was satisfied along the western end of the proposed route, and at the southeastern bend of the creek by the presence of low chroma soils, both with and without mottles. 4.4 Vegetation Site vegetation is very degraded and primarily consists of weedy herbaceous species and Himalayan blackberry (Rubus discolor, FACU) thickets. Dominant species within the corridor between SW North Dakota Street and Fanno Creek include orchard grass (Dactylis glomerata, FACU, tall fescue (Festuca arundinacea, FAC-), dovefoot geranium (Geranium molle, UPL), catchweed bedstraw (Galium aparine, FACU, colonial bentgrass (Agrostis tenuis, FAC), common velvet grass (Holcus lanatus, FAC), Queen Anne's lace (Daucus carota, UPL), creeping thistle (Cirsium arvense, FACU+), Italian ryegrass (Lolium multiorum, UPL), wheatgrass (Agropyron sp., FACU), reed canarygrass (Phalaris arundinacea, FACW), and common dandelion (Taraxacum qfflcinale, FACU). A couple of isolated shrubs including beaked hazelnut (Corylus cornuta, FACU) and red-osier dogwood (Corpus stolonifera, FACW) exist near the very western end of the route, along the fill slope of SW North Dakota Street. Pacific Habitat Services, Inc. -5. Pacific Habitat Services, Inc. r Figure 2. Soil series for a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County. Oregon (U.S.D.,A.. S.C.S., Washington County, 1982). 12/31/98 8-1754 i • 0 The hydrophytic vegetation criterion was satisfied in the western end of the site by the presence of a dominance of wetland plant species (plants with a wetland indicator status of FAC, FAC+, FACW-, FACW, FACW+, or OBL). 5.0 WATERS OF THE STATE AND WETLAND DISCUSSION AND CONCLUSIONS 5.1 National and Local Wetlands Inventory The US Fish and Wildlife Service, as part of the National Wetlands Inventory (NWI) program, has mapped palustrine emergent, persistent, saturated, semipermanent, seasonal (PEMIY) wetland within the project area (Figure 3). The NWI maps are generated primarily on the basis of interpretation of color infrared aerial photographs (scale of 1:58,000), with limited "ground truthing" to confirm the hterpretations. The City of Tigard's Local Wetlands Inventory (LWI) has mapped wetland associated with Fanno Creek within the study area (Figure 4). a PHS has identified a wetland area within the western portion of the site, which is consistent ei with the NWI and LWI mappings. 5.2 Waters of the State and Wetland Conclusions Based on an investigation of the three required wetland criteria (wetland hydrology, hydric soils, and a dominance of hydrophytic vegetation), PHS has identified an area of potentially jurisdictional wetland along the western end of the proposed sewer line route. This wetland extends to the west and south, beyond the study area. In addition to the wetland, we also identified potentially jurisdictional waters of the state (Fanno Creek) south of and at the eastern end of the proposed sewer line route. Figure 5 shows the locations of potentially jurisdictional wetland, waters of the state, the proposed sewer line, and sample sites within the project area. This delineation does not become jurisdictional until DSL and COE review and approve our assessment. Pacific Habitat Services, Inc. -6- Pacific Ha 12/31/98 8-1754 Figure 3. National Wetlands Inventory information for a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (U.S.F.W.S.,1981). Pacific Habitat Services, Inc. 1 try CITY OF TIGARD Wetlands Inventory Unit 3 Identified Wetlands Streams Public Land survey 3334 Section IDs 4i3 Resource Unit Boundary A Sample Plot Location 12/3 Figure 4. Local Wetlands Inventory information for a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (Fishman Environmental Services, 1995). Figure 5. Locations of potentially jurisdictional wetland, waters of the state, and sample points along a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (base map provided by Harris-McMonaale Associates, Inc., 199$). P HS Pacific Habitat Services, Inc. 6.0 PROJECT DESCRIPTION 6.1 Proposed Sanitary Sewer Alignment The proposed sanitary sewer line will be located approximately 20 feet south of the edge of SW North Dakota Street, and will parallel the street for approximately 240 linear feet. An fl- inch diameter pipe will connect to an existing 36-inch main at the western end of the proposed route, then continue to the east, where it will cross Fanno Creek one time. The sewer alignment along the creek crossing at the eastern end of the route will consist of utilizing cofferdams. A two to two and a half-foot wide trench will be excavated to a depth of approximately eleven feet (three feet below the existing creek bottom), for a length of approximately forty-five feet from the west side of the creek to the east side. All in-water work will be conducted during the Oregon Department of Fish and Wildlife's recommended in-water work period (June 1 - September 30). The remaining sewer alignment to the west of the creek crossing, will consist of a two to two and a half-foot wide by twelve and a half-foot deep trench. Figure 5 shows the location of the proposed sewer line. Figures 6 and 7 illustrate a typical cross section of the sewer alignment, and a cross section of the creek crossing, respectively. The current sewer line is connected to an older septic system with a drain field which is located south of Fanno Creek. The proposed sanitary sewer line will connect to a public sewer w system instead of a drain field, and therefore, be an improvement over the older septic system. 6.2 Proposed Wetland Impacts The proposed sewer line will temporarily impact approximately 0.01 acre of low quality wetland, dominated by pasture grasses, at the western end of the route, and approximately 0.03 acre of waters of the state, by crossing Fanno Creek at the eastern end of the route. No trees will be impacted by the proposed sewer line. The proposed impacts will be minimal, involving cut and fill procedures that will require restoration. Figure 8 shows the locations of the proposed impacts. These temporary impacts are unavoidable due to the location of the existing sewer hook-up points, and the narrow width of the available area constrained by the edge of SW North Dakota Street and the bank of Fanno Creek. The proposed sewer line makes use of existing sewer line trunks at the western and eastern ends of the route, which are connected to a public sewer system. In addition, the proposed sewer line satisfies the Unified Sewerage Agency's (USA) sanitary sewer alignment and uniform grading requirements. The pipe line was aligned to minimize impacts to wetlands and waterways, as well as provide the necessary gradient for the sewer line. Pacific Habitat Services, Inc. -7- Pacific Habitat Services, Inc. CLASS "B" CLASS "A" SURPACE RESTORATION MOUND EXCESS NATIVE WAT9i1AL AS SPECIFIED OVER TRr?1pl TO ALLOT FOR SETTLEWEKT -72 UNDIsrjR ED ' • - 1tTUitDEp SAM `'`? "-CWACTW Z NATtY$ EARTH-P ?/4• - 0 011M ® YATEQ1AL? ROQC•? . G G_ + . r t 3/4• - D GMISMED ; :: ti ?:}?; ?; • • 1.12 PIPS O.D. PLUS 66 PIPE BRGD I NG C ° ° • 40• ; X01 •? c p o ,A • o • • 00 . • ill PIPE O.D. PLUS 4' MIN. FOR PIPE SvALL.ER Tmm to, 112 PIPE O.D. PLIF41 60 YIN. FOQ PIPE 16' AND LAACM 8 12/31/9 8-1754 Figure 6. Typical cross section of a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (Harris-McMonagle Associates, Inc., 1998). In 12/31 Y Ir la Ir IM Iy Ia I? ?• „m "" 8-1754 Pacific Habitat Services, Inc. Ir IM M IM IY 1.0 lr in Figure 7. Cross section of the creek crossing for a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (Harris-McMonagle Associates, Inc., 1998). y X81 g I =3 I s 11 J 1 d CI A -- - /IM ? f a $ , t L J E l131I 0? ?TYQ R i i it a Scale Horizontal: I inch = 60 feet Vertical: I inch - 6 feet mom so= M= r.- Figure 8. Locations of proposed impacts to wetland and waters of the state for a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (base map provided by Harris-McMonagle Associates, Inc., 1998). Pacific Habitat Services, Inc. A s 1 • The wetland in the western end of the site is primarily composed of a mixture of pasture grasses, and therefore, restoration by soil replacement and reseeding to prevent erosion should be appropriate for this area. However, given the degraded condition of the vegetation community within the project area, additional mitigation in the form of wetland/riparian enhancement will also take place. 7.0 WETLAND MITIGATION AND RESTORATION During the sewer line construction, proper preservation, restoration and clean-up protocols will be followed. For example, the excavated material will be stored adjacent to the trench, the contractor will then replace topsoil (with a minimum finished depth of 12 inches) over all i trenches. In addition, sufficient erosion control methods, such as silt barriers, will be employed. I Potential changes in the existing ground hydrology (i.e. dewatering) will be prevented by using clay plugs (barriers that are positioned along the pipeline) which will stop groundwater - from flowing laterally along the pipe. Impact to the creek will be temporary, with restoration of streambed structure within the channel crossing. 7.1 Proposed Wetland Mitigation 7 Enhancement will occur along the north side of Fanno Creek. This area lacks vegetative structure and is dominated by weedy herbaceous species and blackberry thickets. The blackberry thickets will be mechanically removed, and approximately 0.02 acre will be planted with native shrubs. These plantings will add structure and provide increased wildlife habitat along the riparian area. The table below shows the shrubs to be planted. Figure 9 illustrates the proposed enhancement area. Botanical Name Berberis Common Name C7 Size Q Cornus stolonifera Oregon grape Red-osier dogwood 18-24" 6 18-24" 12 Rosa pisocarpa Clustered rose 18-24" 12 Total 30 8.0 PROJECT SUMMARY The proposed sanitary sewer line is located north of SW Tigard Street, south of SW North Dakota Street, and west of SW Greenburg Road, on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (Township 1 South, Range I West, Sections 34 and 35). The current sewer line is connected to an older septic system with a drain field which is located south of Fanno Creek. The proposed sanitary sewer line will connect to a public sewer system instead of a drain field, and therefore, be an improvement over the older septic system. Pacific Habitat Services, Inc. -8- 0i Map fn.-"iQ W ? id:-i 4_...._ .. [... _ .. a t-.. . i i- J Figure 9. Proposed enhancement area for a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (base map provided by Harris-McMonagle Associates, Inc., 1998). Pacific Habitat Services, Inc. P HS • • • An area of potentially jurisdictional wetland is located along the western end of the proposed sewer line route. In addition, potentially jurisdictional waters of the state (Fanno Creek) is also located south of the alignment at the eastern end of the route. • The proposed sewer line will temporarily impact approximately 0.01 acre of low quality wetland, and approximately 0.03 acre of waters of the state. 'T'hese temporary impacts are unavoidable due to the location of the existing sewer hook-up points, and the narrow width of the available area constrained by the edge of SW North Dakota Street and the bank of Fanno Creek. • No trees will be impacted by the proposed sewer line. The proposed impacts will be minimal, involving cut and fill procedures that will require restoration. Impact to the creek will be temporary, with restoration of streambed structure within the channel crossing. • Mitigation for the proposed wetland impact will consist of restoration by soil replacement and reseeding. Additional mitigation in the form of 0.02 acre of wetland/riparian enhancement will occur along the north side of Fanno Creek. Pacific Habitat Services, Inc. -9- i 9.0 REFERENCES • Fishman Environmental Services, 1995. Tigard Local Wetlands Inventory. Munsell Color, 1988. Munsell Soil Color Charts. Kollmorgen Corporation, Baltimore, Maryland. Oregon Division of State Lands. September 1995. Removal-Fill Law (DRS 196.800-196.990) and Removal and Filling in Scenic Waterways (ORS 390.805-390.925) Reed, Porter B., Jr., 1988. National List of Plant Species That Occur in Wetlands: Northwest (Region 9). Prepared by the U.S. Fish and Wildlife Service, St. Petersburg, FL. NERC- 88/18.37. United Sewerage Agency, February 1995. Design and Construction Standards for Sanitary Sewer and Surface Water Management, Draft Rev. 2. U.S. Army Corps of Engineers, Environmental Laboratory, 1987. Corps of Engineers Wetland Delineation Manual. Technical Report Y-87-1. U.S.D.A., Soil Conservation Service, 1982. Soil Survey of Washington County, Oregon. U.S.D.A., Soil Conservation Service., 1989. Oregon Hydric Soils by Counties. U.S.F.W.S. National Wetlands Inventory map, Beaverton, Oregon quadrangle. Color infrared aerial photography in August, 1981; 1:58,000. U.S.G.S. 7.5 Minute topographic map. 1961 photorevised 1984. Beaverton, Oregon f; quadrangle. n I'll 9 Pacific Habitat Services, Inc. -10- Appendix A Wetland Determination Data Forms t Ell n e t Fri j i • Wetland Determination Data Form PHS NOW Routine Onsite Method Pacific Habitat S ' I ,ct: Sanitary Sewer Improvement icant: Pascuzzi County: ?tigators: CRUF Township: Primary Indicators ,ROLOGY Inundated (Yes/No): No Depth of inundation: Depth to free water: 10 Depth to saturation: 0 Other: pit within 18 inches of ervices, nc. Number: 8-1754 Sample Site: 1 Washington Date: November 24, 1998 1S Range: 1W Section: 35 Secondary Indicators Water marks: Inches Drift fines: Inches Drainage patterns: Inches Oxidized rhizospheres: Sediment deposits: Rowing water SOILS Mapped Series: Cove silty clay loam Classification: Vertic Haplaquoll Depth Matrix Soil Redox Concentrations (Inches) Color Texture* Color abundance/sizelc 0-8 1OYR 3/2 SCL - 8-16 1 OYR 4/1 Sc Hydric Soil?: Yes Drainage Class: poorly drained Other Hydric Soil Field Indicators Comments *SD=Sand, SDL=Sandy Loam, L=Loam, SDCL=Sandy Clay Loam, S=Silt, SL=Silt Loam, SCL=Silty Clay Loam, CL=Clay Loam, Clay VEGETATION Tree Stratum (0%) Status % Cover Herbaceous Stratum (60%) Status % Cover Phalaris arundinacea* FACW 100 Shrub Stratum (20%) Status % Cover Cornus stolonifera* FACW 100 PRIbus y Vine Stratum ( 20%) Status % Cover ® sinu s* FACU 100 of dominant species FAC, FACW, or OBL*: 67% .1 r Wetland Determination Data Form Routine Onsite Method 0 PHS Pacific Habitat Services, Inc. Pro ject: Sanitary Sewer Improvement Number: 8-1754 Sample Site: 2 Applicant: Pascuzzi County: Washington Date: November 24, 1998 Investigators: CRUF Township: 1S Range: 1W Section: 35 Primary Indicators Secondary Indicators HYDROLOGY Inundated (Yes/No): No Water marks: Depth of inundation: Inches Drift lines: Depth to free water: >6 Inches Drainage patterns: Depth to saturation: >6 Inches Oxidized rhizospheres: Other: Sediment deposits: SOILS Mapped Series: Cove silty clay loam Hydric Soil?: Yes Classification: Vertic Haplaquoll Drainage Class: poorly drained Depth Matrix Soil Redox Concentrations Other Hydric Soil (Inches) Color Texture* Color abundancelsizelcontrast Field Indicators Comments 0-6 l OYR 3/2 SC refusal at 6 inches on fill material *SD=Sand, SDL=Sandy Loam, L=Loam, SDCL=Sandy Clay Loam, S=Silt, SL=Silt Loam, SCL=Silty Clay Loam, CL=Clay Loam, Clay VEGETATION Tree Stratum (30%) Status % Cover Herbaceous Stratum (10%) Status % Cover iceapungens* FAC- 100 Dactylisglomerata* FACU 40 Equisetum arvense FAC 10 Festuca arundinacea FAC- 10 Galium apairine * FACU 20 Geranium molle UPI, 10 Shrub Stratum (20%) Status % Cover Phalaris arundinacea FACW 5 Corylus cornuta* FACU 100 Polystichum munitum FACU 5 Woody Vine Stratum (40%) Status % Cover bus discolor* F FACU 20 uRbus ursinus* FACU 80 Percent of dominant species FAC, FACW, or OBL*: 0% Comments: J Wetland Determination Data Form Routine Onsite Method L_I PHS Pacific Habitat Services, Inc. Project: Sanitary Sewer Improvement Number: 8-1754 Sample Site: 3 Applicant: Pascuzzi County: Washington Date: November 24, 1998 Investigators: CRIJF Township: 1S Range: 1W 'Section: 35 Primary Indicators Secondary Indicators HYDROLOGY Inundated (Yes/No): No Water marks: Depth of inundation: Inches Drift lines: Depth to free water: >14 Inches Drainage patterns: Depth to saturation: >14 Inches Oxidized rhizospheres: Other: Sediment deposits: SOILS Mapped Series: Wapato silty clay loam Hydric Soil?: Yes Classification: Fluvaquentic Haplaquoll Drainage Class: poorly drained Depth Matrix Soil Redox Concentrations Other Hydric Soil (Inches) Color Texture* Color abundancelsizelcontrast Field Indicators Comments 0-14 1 OYR 3/2 SCL mixed with gravel; 30% road fill material *SD=Sand, SDL=Sandy Loam, L=Loam, SDCL=Sandy Clay Loam, S=Silt, SL=Silt Loam, SCL=Silty Clay Loam, CL=Clay Loam, Clay VEGETATION Tree Stratum (0%) Status % Cover Herbaceous Stratum (90%) Status % Cover s Phalaris arundinacea* FACW 100 Shrub Stratum ( 0%) Status % Cover Woody Vine Stratum (10%) Status % Cover Rubus discolor* FACU 100 Percent of dominant species FAC, FACW, or OBL*: 50% Comments: a: PHS Wetland Determination Data Form Routine Onsite Method Pacific Habitat Services, Inc. Project: Sanitary Sewer Improvement Number: 8-1754 Sample Site. 4 Applicant: Pascuzzi County: Washington Date: November 24, 1998 Investigators: CRUF Township: 1S Range: 1W Section• 35 Primary Indicators HYDROLOGY Inundated (Yes/No): No Depth of inundation: Inches Depth to free water: Inches Depth to saturation: Inches Other: evidence of ponding SOILS Mapped Series: Wapato silty clay loam Classification: Fluvaquentic Haplaquoll Secondary Indicators Water marks: Drift lines: Drainage patterns: Yes Oxidized rhizospheres: Yes Sediment deposits: Hydric Soil?: Yes Drainage Class: poorly drained Depth Matrix Sail Redox Concentrations Other Hydric Soil (Inches) Color Texture* Color abundance/sizelcontrast Field Indicators Comments 0-14 10YR 3/2 SCL 7.5YR 4/6 common, medium, distinct II'?u?saaa, WL=Sandy Loam, L=Loam, SDCL=Sandy Clay Loam, S=Silt, SL=Silt Loam, SCL=Silty Clay Loam, CL=Clay Loam, Clay 11 VEGETATION Tree Stratum (20%) Status % Cover Herbaceous Stratum ( 80%) Status % Cover in us latifolia* FACW 100 Agrostis tenuis* Festuca arundinacea Holcus lanatus* Taraxacum officrnale FAC FAC- FAC FACU 60 5 30 5 Shrub Stratum ( 0%) Status % Cover Woody Vine Stratum ( 0%) Status % Cover F L Ikement of dominant species FAC, FACW, or OBL*: 100% HS . Wetland Determination Data Form P js Routine Onsite Method Pacific Habitat Services, Inc. Project: Sanitary Sewer Improvement Number: 8-1754 Sample Site: 5 pplicant: Pascuzzi County: Washington Date:. November 24,1998 Investigators: CRUF Township: 1S Range: 1W Section: 35 Primary Indicators Secondary Indicators HYDROLOGY Inundated (Yes/No): No Water marks: Depth of inundation: Inches Drift lines: - Depth to free water: >14 Inches Drainage patterns: Depth to saturation: >14 Inches Oxidized rhizospheres: Other: Sediment deposits: SOILS Mapped Series: Wapato silty clay loam Hydric Soil?: Yes Classification: Fluvaquentic Haplaquoll Drainage Class: poorly drained r t Depth Matrix Soil Redox Concentrations Other Hydric Soil (Inches) Color Texture* Color abundance/size/contrast Field Indicators Comments 0-14 l OYR 4/2 SL gravel mixed in upper 8 inches •SD=Sand, SDL=Sandy Loam, L=Loam, SDCL=Sandy Clay Loam, S--Silt, SL=Silt Loam, SCI,=Silty Clay Loam, CL=Clay Loam, Clay i+ L VEGETATION Tree Stratum ( 0%) Status % Cover Herbaceous Stratum ( 60%) Status % Cover. Agrostis tenuis* Galium aparine* Geranium carolinianum * Holcus lanatus FAC FACU UPI, FAC 30 30 25 15 Shrub Stratum (0%) Status % Cover Woody Vine Stratum (40%) Status % Cover Rubus discolor* FACU 100 03/12/99 14:28 PAC I HABITAT SER 4 6644034 No. 811 Pol S T PH Pacific Habitat Services, Inc. 9450 SW Commerce Circle, Suite 180 Wilsonville, Oregon 97070 Telephone number: (503) 570-0800 Fax number: (503) 570-0855 Transmittal Date: To: Nlarch 12, 1999 Pasquale Paseuzzi a From: Caroline Rim FAX Number: (503) 684-4034 Re: Proposed sewer line route along SW North Dakota Street in Tigard, Oregon. Number of pages (including cover page). 4 Pasquale: Jan Stuart who is with the Regulatory Branch of the U.S. Army Corps of Engineers (COE), reviewed the wetland delineation report and permit application for the proposed sanitary sewer line project on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon. After which, she had a few questions and recommendations regarding the proposed project. Attached is a copy of my response to Jan's concerns. In addition, the estimated cost of the additional plants shown in item 1. of page one of the February 22, 1999 fax to Jan Stuart, is approximately $3.00 each (wholesale). Also, in reference to the letter from the COE to the National Marine Fisheries Service, I will contact you as soon as I hear ar.,r'?i-np- Please call if you have any questions. 03/12/99 . i 14: 2'8 PAC11+ HABITAT SER 3 6844034 PHS 11 • Pacific Habitat Services, Inc. 9450 SW Commerce Circle, Suite 180 Wilsonville, Oregon 97070 Telephone number: (503) 570.0800 Fats number: (503) 570-0855 Transmittal. Date: To: Prom: February 22, 1999 Jan Stuart, PhD U.S. Army Corps of Engineers Caroline Rim N©.611 P02 FAX Number: (503) 8084375 No. of pages (including cover page): 3 Re: Proposed sanitary sewer line project on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (T1S, R1W, Sections 34,35); U.S. Army Corps of Engineers permit application I.D. No. 99-132. PHS Project No.: 5-1754 Jan: In regard to the proposed Pascuzzi sanitary sewer line project in Tigard, Washington County, Oregc,_ , F . * , :Z1 W, Sections 34, 35, Tax Lots 2003. 3300, 3400), the following includes information addressing the issues which we discussed during our telephone conversation on February; 11, 1999: 1. Additional tree and shrub species to be planted within the proposed enhancement area (Figure 9), along the north side of Fanno Creek include twelve Oregon ash, six Pacific ninebark, six Pacific willow, and six Sitka willow; 2_ The sewer line will consist of an 8-inch diameter PVC pipe, except at the creck crossing, where ductal iron will be used, as per Unified Sewerage Agency specifications; 3. Cofferdams will be in place for approximately one to two days maximum. During trench excavation within the stream channel, water entering the trench will be pumped into the stream on the downstream side of the dam. The cofferdams and pump will be in use only during low flow periods and nonstorm events. Work within the stream channel will only take place during the in-water work period (July 1-September 30) recommended by the Oregon Department of Fish and Wildlife. In.addition, an 8-inch diameter PVC pipe will 03/12/99 14:28 PAC I F &A8 I TAT SER 4 6844034 NO-811 983 cross through the upper portions of the cofferdams, and in the event that water levels should rise above the height of die dams. the pipe will allow for fish passage from the upstream to the down stream sides of the dams. I hope this information helps clarify any questions which you may have had regarding this proleci. ricase call me if you have any other questions or need further clarification. r S gndgc Dakota Street -----? _ S.W. North ,?--- - _ - _ _ ti50 ?' Fa n>a o l? J Tax Lot 200 J Tax I,ot 34,00 jot 3304 ' Tax Treeb and SfJrte6s Botanical Name Common Name sue uaotitles Brr$erttaquifafium Qrevo VaPe 18-247' 6 Cornrusiolonifera B{d.osicrdog ,ov 18-24" 12 Frviinarlafifolia ompe ash 24-36" 12 Physoaarprtr capiralus Pacific ninebatk 18.24" 6 Rasa pisoearpa Clustered roso 18-24" 12 Solis laslandra Pacific willow 12-18" 6 • Proposed sewer fine mute rr ..r¦?wrr?? Solis tirchewis 5itka willow 12-18" b 60 Poteaddly jurisdictional Watm of the I F ...... , • ... TOTAL r n • state boundary f Potudillyiudadictioaal Wedand ® ?f a re so Proposed Enhaoaemest (02 hared SCALE in BEET WE 12/22/98 8--17 m .= w N s ko AD r A r? T TZ -n ka r u y A r1 L J Figure 9. Proposed enhancement area for a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washingw County, Oregon (base map provided by Harris-McMonagle Associates, Inc., 1998). Pacific Habitat Services, Inc. fps im r r r a °A 05?0? iw?a r I 11 : 1 51 r k-i - I F I v, & i ::;T ,=.ER - E844e34 PHS Pacific Habitat Services,-Inc. 9450 SW Commerce Circle, Suite 180 Wilsonville, Oregon 97070 Telephone number: (503) 570-0800 Date: To, From: May 5. 1999 Pasqu9le Pascuzzi Caroline Rim • Fax number: (543) 570-0855 Transmittal FAX Number: (503) 684-4034 NO. 144 901 Re: Proposed sanitary sewer improvement on Tax Lots 200, 3300 and 3400 in Tigard, Oregon PHS project number: 8-1754 Number of pages (including cover page): 3 Pasquale: You should have receiN,ed your permit from the US Army Corps of Engineers (COE) by now. Just a reminder, your in-water work period is July 1 - September 30, not June 1 - September 30, whie;, .,_! k.cL;Lly stated in the permit application. Also, your engineers, construction crew.. and anyone else working on this project should be aware of the conditions of the permits issued by the COE and the Oregon Division of State Lands (DSL). It's been a pleasure working with you on this project. Caroline 05i0S'99 11: 51 1F1 'E i T`7 ':-:ER : G,844034 Project Purpose and Need: PROPOSED PROJECT PURPOSE S DESCRIPTION ' NO. 144 902 The current sewer line is connected to an older septic system with a drain field which is located south of t=anno Creek. The proposed sanitary sewer line will connect to a public sewer system instead of a drain field, and therefore, be an improvement over the older septic systern. Project The proposed sanitary sewer tine will be located approximately 20 feet south of the edge of SW North Dakota Street, and will parallel the street for approximately 240 linear feet. An 8-inch diameter pipe will connect to an existing 36-inch main at the western end of the proposed route, then continue to the east, where it will cross Fanno Creek one time. The sewer alignment along the creek crossing at the eastem end of the mute will consist of utilizing cofferdams. A two to two and a half-foot wide trench w5l be excavated to a depth of approximately eleven feet (three feet below the existing creek bottom), for a length of approximately forty-five feet from the west side of the creek to the east side. All in-water work will be conducted during the Oregon: Department of Fish and Wildlife's retrommended in-water w September 30). The remaining sewer alignment to the west of the creak crossing, vn c onsss o a two o an half-foot wide by twelve and a half-foot deep trench. u: 1 How many pro wing sheets are included with this application? 7 NOTE: A complete application must Include drawings and a location map submitted on separate S 112 x 11 sheets. 001 Wdl any material, construction debris, runoff, etc, enter a wetland or waterway? O Yes • No If yes, described the type of discharge and show the discharge location on the site plan. Estimated Start Date March 1 1999 Estimated Completion Date October 31, 1999 W PROJECT IMPACTS AND ALTERNATIVES Describe alternative sites and project designs that were considered to.avoid impacts to the waterway or wetland. SEE ATTACHED SHEET Described what measures you will use (before and after construction) to minimize impacts to the waterway or wetland. SEE ATTACHED SHEET NOTE: If necessary, use additional sheets. W ADDITIONAL INFORMATION Adjoining Property Owners and Their Addresses and Phone Numbers City of Tigard 13125 SW Hall Blvd. Tigard. Oregon 97223 (503) 639.4171 H85 the proposed activity or any related activity received the attention of the Corps of Engineers or the State or Oregon in the past, e.g. wetland delineation, violation, permit, lease request, etc.? O Yes • No If yes, what ;,,,,,qj,, number(s) were assigned by the respective agencies: Corps k State of Oregon # 05/05/99 11'.5i F r= I F l+? b ? Hi REF' = 6844034 NO. 144 903 IMPLFMFNTA=11 COND11TONS Case No: 99-t32- The following conditions specifically address requirements which must be met during the permittee's implementation of the authorized work 1. Work Periods All io-water work shalt occur between July 1 and September 30 in accordance with Oregon Department of Fish an t t e s recommended to-water work peno . Z. Agency Access. Permittec must provide access to the work site to representatives of the Corps of Engineers. DEQ, DLCD (for projects in the coastal tone), and ODFW during all hours of construction or operation. 3. Equipment. Heavy equipment shall not be operated in the active flowing waterway unlrss 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 d. Erosion and Siltation Controls. Appropriate erosion and siltation controls (such as hydraseeding, alter 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 (-ills from erosion. These features, as well ;tc ordinary high water mark or high We fine, must also be permanently stabilized at the earliest practicable dote. Materials shall not be placed an unstable slopes, and stockpiles shall not exceed 25 feet in height. 5. Disturbed Area Protection. Constnrctioo 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 matrriat (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 wetland.. 8. Vegetation. Vegetation. not designated for removal or modiFcation in the authori2ation, 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 go percent cover with native plant species that replace the habitat type lost or damaged, 9. Wetlands. Wetlands adjacent to work areas shalt 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. Consultation regarding the Upper Willamette Winter Steelhead (Oncvrhynchus mykiss) has ucs.,, °,..rn, ,uaed (see attached NMFS dated April 22, 1999). If at any time during the conduct of the work authorized, the permittee becomes aware that any other 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) be affected, the permittec must immediately cease activities, notify the Corps of Engineers and not re-initiate activities until approved by the Corps of Engineers. GKI CL- 4 01/27/99 14:35 M US Army Corps of Engineers Portland District PACIFIC HABITAT SER JOINT PERMIT APPLICATION FORM THIS PERMIT WILL MEET THE REQUIREMENTS OF BOTH AGENCIES N0.536 D02 AGENCIES WIILA33tem NUMBERS Corps Action 10 Number Oregon Division of State Lands Number SEND ONE SIGNED COPY F YOUR APPLICATION TO EACH AGENCY District Engineer State of Oregon ATTN: CENPP-CO-GP Division of State Lands PO Box 2946 775 Summer Street NE Portland, OR 97208-2946 Salem, OR 97310 (503) 326-7730 (503) 378-3805 Caroline Rim Pacific Habitat Services, Inc. 9454 SW Commerce Circle. Suite 180 Wilsonville. OR 97070 PROJECT LOCATION Applicant Name and Address O Ca-Applicant • Authorized Agent O Contractor Name and Address Property Owner (if different that. applicant) Name and Address Street, Road, or other descri North of SW Tigard St., sout west of SW Greenburg Rd- In or near (City or Town) Pascuzzi Investments. LLC Attn: Pasquale P3SCuZZi 1025() SW North Dakota St. Tigard. OR 97223 business phone # (503) 320-4575 home phone # FAX # business phone # home phone # FAX # business phone # home phone # FAX # )5 (503) 570-0855 Ive location Lftgal s ri tion of SW North Dakota St., and Quarter Section Township Range 34.35 1 South 1 West Fanno Creek is consent to enter County Tax Map # 1 S-1-34DA Washington 1 S-1-35CB River Mile Latitude to the Corps and the Division of State Lands? • Yes 3300, 3400 O No © PROPOsm PROJECT INFORMATION Activity Type: • Fill • Excavation (removal) O in-Water Structure O Maintain/Repair on Existing Structure Brief Description: Excavatelbackfll trench for pipeline fora proposed sanitary sewer improvement Fill will involve cubic yards annually and/or 130 cubic yards for the total project 130 cubic yards in a wetland or below the ordinary high water or high tide line Fill will be O Riprap 0 Rock 0 Gravel O Sand O Silt O Clay O Organics • Other native material.backfill Fill Impact Area is 0.04 Acres; length; width; depth Removal will involve cubic yards annually and/or 130 cubic yards for the total project 130 cubic yards below the ordinary high water or high tide tine Removal will be O Riprap O Rock O Gravel 0 Sand O Silt 0 Clay O Organics • Other native material Removal Impact Area Is 0.04 _ Acres; length; width: depth Is the Disposal area Upland? • Yes O No Wetland I Waterway? O Yes • No Are you aware of any Endangered Species on the project site? O Yes • No ff Yes, please explain in the project Are you aware of any Cultural Resources on the project site? O Yes • No description (on page 2, block 4). Tax Lot # I Is the project site near a Wild and Scenic River? 0 Yes 0 No ® PROPOSED PROJECT PURPOSE & DESCRIPTION Project Purpose and Need: The current sewer line is connected to an older septic system with a drain field which is located south of Fanno Creek. The proposed sanitary sewer line will connect to a public sewer system instead of a drain field, and therefore, be an improvement over the older septic system. Project Description: The proposed sanitary sewer line will be located approximately 20 feet south of the edge of SW North Dakota Street, and will parallel the street for approximately 240 linear feet. An 8-inch diameter pipe will connect to an existing 36-inch main at the western end of the proposed route, then continue to the east, where it will cross Fanno Creek one time. The sewer alignment along the creek crossing at the eastern end of the route will consist of utilizing cofferdams. A two to two and a half-foot wide trench will be excavated to a depth of approximately eleven feet (three feet below the existing creek bottom), for a length of approximately forty-five feet from the west side of the creek to the east side. All in-water work will be conducted during the Oregon Department of Fish and Wildlife's recommended in-water work period (June 1 - September 30). The remaining sewer alignment to the west of the creek crossing, will consist of a two to two and a half-foot wide by twelve and a half-foot deep trench. How many project drawing sheets are included with this application? 7 NOTE: A complete application must include drawings and a location map submitted on separate 8 1/2 x 11 sheets. Will any material, construction debris, runoff, etc. enter a wetland or waterway? O Yes 0 No If yes, described the type of discharge and show the discharge location on the site plan. Estimated Start Date March 1, 1999 Estimated Completion Date October 31, 1999 Q PROJECT IMPACTS AND ALTERNATIVES Describe alternative sites and project designs that were considered to-avoid impacts to the waterway or wetland. SEE ATTACHED SHEET Described what measures you will use (before and after construction) to minimize impacts to the waterway or wetland. SEE ATTACHED SHEET NOTE: If sheets. © _ ADDITIONAL INFORMATION Adjoining Property Owners and Their Addresses and Phone Numbers City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 (503) 639-4171 Has the proposed activity or any related activity received the attention of the Corps of Engineers or the State or Oregon in the past, e.g. wetland delineation, violation, permit, lease request, etc.? O Yes • No If yes, what identification number(s) were assigned by the respective agencies: Corps # State of Oregon # JAN. 25 '99 (MON) 13:07 • • PAGE. 2/2 (D CITY/CCIUNTY PLANNING DEPARTMENT AFFIDAVIT (TO BE COMPLETED SY LOCAL PLANNING OFFICIAL) 0 Thls"project Is not regUlatea by the local comprehensive plan-end:xonln6 ordinance. O This project has beerirevitlwed and is conslstent with the,bcai comprehensive ptan and zoning ordinance.- 0 Thle'project has been'Previewed and Is riot consistent with the Ioaal eMpraflenalve plan and zoning ordinance. 006onslatency ofdlls prpjectWlth the local planning ordinance oennot be determined.untli the WovAng local approvel(s) are obtained: 0 Cdnditiontd Use Approval '-P Development Permit 0 Plan Amendment 0 Zone Change. Sher. S?c??. -L,a,;al?L,.b,?rr?s?irsslQ?r?c?? An applkmt lan d has' O 'hes -not been made for local approvals checked above. " Of Planning ofHolal) .Ties } ati! 7. a'nh? Gets C0ASTALUNIS CEIMPICATICN If the ptopoi6d adtvfty described In your penmh appllostl'oh Is within ft.Oregon coastal tone, the following cerdflcallon Is roomd'before yodr•)tpp(laatlon ban be proceesed. A pfrbllo notloamill be N iced-wlth-the cerdfloatlon statement wvhldh will 6i4oM*ded io the Oregon Department of Land-Con"Nation and Development (OLCD) for Its concurrence or obja ction. For addhlonel Inf0frnaddn •on ft, Orepon.Coaetal Zongi*Mdnago*nt Program, canted the department at 1175 COUrt Strut NE, Sefem,'Oregon 97310-or can 603-373-0050. - Corti W.AT0H 1TAW1ftNT I certify that, to the beat ?f my knowledge and belief, 0* proposed activity described in thle application complies with the approved Oregon Coaatal'Manegament Program and will bd completed In a manner conslstent with-the program. PrinVT)" Name = Tim AppNasrtt8fgrri)an+e : ;. ... .:? BIONATU-RII:FOR.JoiP A"uCATION ' A*catloo Is hereby made for the activities described hen6ln,-1 oartify that) am familiar with the Information-contalned In.ths epplicaEton- and to f lm-be3t of my, knawvtodge and bellef, this hrlbrMWn Is e, complete, and aomraw. I further certify that 1 possess the. authortty inoludtng the netxssarinmpAi its pfnporty Interest to undW*ks the' reposed at;tlvittes. I uAderstand that thb gren0v of other p6rh is by.-local, county, state or federal agencies does not release mb froth the M- ulreftnt of obtalning the permits: requeir d More commeticing the prajdal I.undwdtand that kraal permits may be required Wore die state removal-fill OTIt Is Issued. I undon tend that paytt"t of uIr6d state prticaeslnp fee doss not guarantee psndlt issuance.. . (co-"P110140 TifN • f X\ M04A tdarw date Anoioo 81 I. mey Ill" 0*3Wauthorized agent of the appllcsK ?3fiSLend acifrritlll ms _ , Title 9 pnt elgru)tUre oat C? C? Pacific Habitat Services, Inc. Figure 1. Location and general topography of a proposed sanitary sewer line on Tax Lots 200, 3300 and 3404 in Tigard, Washington County, Oregon (U.S.G.S., Beaverton, OR, 7.5 minute quadrangle, 1961 photorevised 1984). 12/31/98 8-1754 • • 1 wv?av ila VllS[ ucIL YlFGJ, AUG. 1::? IIV? CITY OF TIGARD Wetlands Inventory Unit 3 Identified Wetlands Streams Public Land survey 33:34 Section lOs- 43 Resource Unit Boundary - Sample Plot Location 12/3 8-I Figure 4. Local Wetlands Inventory information for a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (Fishman Environmental Services, 1995). • • ® SUPPLEMENTAL WETLAND IMPACT INFORMATION* (For Wetland Fills Only) Site Conditions of impact area impact area is O Ocean O Estuary O River O Lake • Stream • Freshwater Welland Note: Estuarian Resource Replacement is required by state law for projects involving intertidal or tidal marsh alterations. A separate Wetlands Resource Compensation Plan may be appended to the application. Has a wetland delineation been completed for this site? • Yes O No If yes, by whom: Pacific Habitat Services, Inc. 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) South of the proposed route, the relatively level ground transitions into the northern bank of Fanno Creek. The channelized creek flows west then south. The elevation along the pipeline route is approximately 155 feet National Geodetic Vertical Datum (NGVD). The study area lies within the Fanno Creek floodplain. Most of the site is hydrologically influenced by direct precipitation and stormwater runoff from surrounding development. The western end of the site is slightly lower in elevation and subject to groundwater fluctuations associated with Fanno Creek. Site vegetation is very degraded and primarily consists of weedy herbaceous species and Himalayan blackberry thickets (Rebus discolor). Resources Replacement Mitigation Describe measures to be taken to replace unavoidably impacted wetland resources The wetland in the western end of the site is primarily composed of a mixture of pasture grasses, and therefore, restoration by soil replacement and reseeding to prevent erosion should be appropriate for this area. However, given the degraded condition of the vegetation community within the project area, additional mitigation in the form of wetland/riparian enhancement will also take place. Enhancement will occur along the north side of Fanno Creek. This area lacks vegetative structure and is dominated by weedy herbaceous species and blackberry thickets. The blackberry thickets will be mechanically removed, and approximately 0.02 acre will be planted with native shrubs. These plantings will add structure and provide increased wildlife habitat along the riparian area. 'Because this information is not necessary for a complete application, you may submit this sheet and other environmental information after submitting your application. • 0 PROJECT IMPACTS AND ALTERNATIVES Describe alternative sites and project designs that were considered to avoid impacts to the waterway or wetland. The proposed sewer line will temporarily impact approximately 0.01 acre of low quality wetland. dominated by pasture grasses, at the western end of the route, and approximately 0.03 acre of waters of the state, by crossing Fanno Creek at the eastern end of the route. No trees will be impacted by the proposed sewer line. The proposed impacts will be minimal, involving cut and fill procedures that will require restoration. These temporary impacts are unavoidable due to the location of the existing sewer hook-up points, and the narrow width of the available area constrained by the edge of SW North Dakota Street and the bank of Fanno Creek. The proposed sewer line makes use of existing sewer line trunks at the western and eastern ends of the route, which are connected to a public sewer system. In addition, the proposed sewer line satisfies the Unified Sewerage Agency's (USA) sanitary sewer alignment and uniform grading requirements. The pipe line was aligned to minimize impacts to wetlands and waterways, as well as provide the necessary gradient for the sewer line. Described what measures you will use (before and after construction) to minimize impacts to the waterway or wetland. During the sewer line construction, proper preservation, restoration and clean-up protocols will be followed. For example, the excavated material will be stored adjacent to the trench, the contractor will then replace topsoil (with a minimum finished depth of 12 inches) over all trenches. In addition, sufficient erosion control methods, such as silt barriers, will be employed. Potential changes in the existing ground hydrology (i.e. dewatering) will be prevented by using clay plugs (barriers that are positioned along the pipeline) which will stop groundwater from flowing laterally along the pipe. Impact to the drainageway will be temporary, with restoration of stream bed structure within the channel crossing. Al in-water work will be conducted during the Oregon Department of Fish and Wildlife's recommended in-water work period (June 1 - September 30). 0 0 Figure 5. Locations of potentially jurisdictional wetland, waters of the state, and sample points along a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (base map provided by_& Hams-McMonatzie Associates, Inc., 1998). Pacific Habitat Services, Inc. Pacific Habitat Services, Inc. CLASS "B' CLASS "A" 3URPACE RESTORATION MOGPO EXCESS MATIYE PATERIAL AS SPECIFIED OVU TR$1CM TO ALLor FOR SET9LOCWT ZUMD 1 STUTffi!? • `. .. + i . 1 STlSi1l? 6ARTN . ej "- CAYPACTEP MA! [ YE EARTH 7 3/4. - C CRUSHO R= 0/4;-0 U91404 •:Sti• a..i - .', ' 1/2 FIFE O.D. •• s • • i - = PLUS 6' + .. r' ..? • :. • ?`' .Lei .` ?•ti 0 O p ors 0 O •p • ? . oZ c po o ?• ,?vo?? ,ap o to PIPE 0.6. PLUS ,' JOIN. FOR PIPE SMALLER THAN 19- 1/2 PIPE O.D. PLUS 6' MIN. FOR PIPE 11' AND LA40 R 8-17 Figure 6. Typical cross section of a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (Harris-McMonagle Associates, Inc., 1998). i/?' - 0 Cl YITEQIAL? ROCK, ? ? ? ? y?r• \ - .? . t st q, IM 1« Ir ql /A i 12/31/98 4 I ' M 1 ? - p 8 4 " [Z A .10 . Y *1 ,ub a rrla w s i Am mima te Swe Horizontal: I inch= 60 feet Vertical: l inch 6 feet 8-1754 Pacific Habitat Services, Inc. M LM In a a =1 'al Figure 7. Cross section of the creek crossing for a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (Hams-McMonagle Associates, Inc., 1998). Figure 8. Locations of proposed impacts to wetland and waters of the state for a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (base map provided by Harris-McMonagle A Associates, Inc., 1998). Pacific Habitat Services, Inc. Dakota Street-----. r North 1- S.W. -- ------------ r'i"IQT?J • • -s-JJ•irl Lt?Lti?ai??LL7 Existing Bridge !Fa fuo Tax Lot 200 Tax Lot 3300 Proposed sewer line route Potentially Jurisdictional Waters of the . State boundary Potentially Jurisdictional Wetland Proposed Enhancement (.02 acre) DATE: 12/22/98 Tax Lot 3400 "- 1 i Shrubs I Botanical Name Common Name Size Quantity Berberis aquijolium Oregon grape 18-24" 6 Cornus slolon fera Iced-osier dogwood f g-24" 12 Rosa pisocarpa Clustered rose 18-24" 12 Total ` 30 1 0 is 30 SCALE in FEET 8-1 754 Figure 9. Proposed enhancement area for a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (base map provided by Harris-McMonagle Associates, Inc., 1998). Pacific Habitat Services, Inc. S ?J A , US Army Corps of Engineers Portland District JOINT PERMIT APPLICATION FORM THIS PERMIT WILL MEET THE REQUIREMENTS OF BOTH AGENCIES AGENCIES WILLASSIGN NUMBERS S Corps Action ID Number Oregon Division of State Lands Number SEND ONE SIGNED COPY OF YOUR P LICATION TO EACH AGENCY District Engineer EC State of Oregon ATTN: CENPP-CO-GP Division of State Lands PO Box 2946 JAN 2 7 1999 775 Summer Street NE Portland, OR 97208-2946 Salem, OR 97310 503 326 7730 503 $R ? 378 * ( ) - + ( ) -3805 FOPY -?-E6ULX Q Applicant Name Pasquale Pascuzzi business phone # (503) 320-4575 and Address 10250 SW North Dakota St. home phone # Tigard, OR 97223 FAX # O Co-Applicant Caroline Rim business phone # (503) 570-0800 • Authorized Agent Pacific Habitat Services, Inc. home phone # O Contractor 9450 SW Commerce Circle, Suite 180 FAX # (503) 570-0855 Name and Address Wilsonville, OR 97070 Property Owner business phone # (if different than applicant) home phone # _ Name and Address FAX # OO PROJECT LOCATION Street, Road, or other descriptive location Leaal Description North of SW Tigard St., south of SW North Dakota St., and Quarter Section Township ?. Range west of SW Greenburg Rd. 34,35 1 South 1 West In or near (City or Town) County Tax Map # Tax Lot # 1S-1-340A 3300, 3400 Tigard Washington IS-1-35CB 200 Waterway River Mile Latitude Longitude Fanno Creek Is consent to enter property granted to the Corps and the Division of State Lands? • Yes O No 3O PROPOSED PROJECT INFORMATION Activity Type: • Fill • Excavation (removal) O In-Water Structure O Maintain/Repair on Existing Structure Brief Description: Excavate/backftll trench for pipeline fora proposed sanita sewer improvement Fill will involve cubic yards annually and/or 130 cubic yards for the total project 130 cubic yards in a wetland or below the ordinary high water or high tide line Fill will be O Riprap • Rock • Gravel O Sand O Silt O Clay O Organics • Other native material, backfill Fill Impact Area is 0.04 Acres; length; width; depth Removal will involve cubic yards annually and/or 1130 cubic yards for the total project 130 cubic yards 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 • Other native material Removal Impact Area is 0.04 Acres; length; width; depth Is the Disposal area Upland? • Yes O No Wetland / Waterway? O Yes • No Are you aware of any Endangered Species on the project site? O Yes 0 No Are you aware of any Cultural Resources on the project site? O Yes • No If Yes, please explain in the project description (on page 2, block 4). Is the project site near a Wild and Scenic River? 0 Yes • No Project Purpose and Need: :A PROPOSED PROJECT PURPOSE & DESCRIPTION The current sewer line is connected to an older septic system with a drain field which is located south of Fanno Creek. The proposed sanitary sewer line will connect to a public sewer system instead of a drain field, and therefore, be an improvement over the older septic system. Project Description: The proposed sanitary sewer line will be located approximately 20 feet south of the edge of SW North Dakota Street, and will parallel the street for approximately 240 linear feet. An 8-inch diameter pipe will connect to an existing 36-inch main at the western end of the proposed route, then continue to the east, where it will cross Fanno Creek one time. The sewer alignment along the creek crossing at the eastern end of the route will consist of utilizing cofferdams. A two to two and a half-foot wide trench will be excavated to a depth of approximately eleven feet (three feet below the existing creek bottom), for a length of approximately forty-five feet from the west side of the creek to the east side. All in-water work will be conducted during the Oregon Department of Fish and Wildlife's recommended in-water work period (June 1 - September 30). The remaining sewer alignment to the west of the creek•crossing, will consist of a two to two and a half-foot wide by twelve and a half-foot deep trench. How many project drawing sheets are included with this application? 7 NOTE: A complete application must include drawings and a location map submitted on separate 8 112 x 11 sheets. Will any material, construction debris, runoff, etc. enter a wetland or waterway? O Yes No if yes, described the type of discharge and show the discharge location on the site plan. Estimated Start Date March 1, 1999 Estimated Completion Date October 31, 1999 (5) PROJI=CT IMPACTS AND ALTERNATIVES Describe alternative sites and project designs that were considered to. avoid impacts to the waterway or wetland. SEE ATTACHED SHEET I Described what measures you will use (before and after construction) to minimize impacts to the waterway or wetland. SEE ATTACHED SHEET NOTE: If necessary, use additional sheets. U _ -ADDITIONAL INFORMATION Adjoining Property Owners and Their Addresses and Phone Numbers City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 (503) 639-4171 Has the proposed activity or any related activity received the attention of the Corps of Engineers or the State or Oregon in the past, e.g. wetland delineation, violation, permit, lease request, etc.? O Yes • No If yes, what identification number(s) were assigned by the respective agencies: Corps # State of Oregon # A ? Q PROJECT IMPACTS AND ALTERNATIVES Describe alternative sites and-project designs that were considered to avoid impacts to the waterway or wetland. The proposed sewer line will temporarily impact approximately 0.Q1 acre of low quality wetland, dominated by pasture grasses, at the western end of the route, and approximately 0.03 acre of waters of the state, by crossing Fanno Creek at the eastern end of the route. No trees will be impacted by the proposed sewer line. The proposed impacts will be minimal, involving cut and fill procedures that will require restoration. These temporary impacts are unavoidable due to the location of the existing sewer hook-up points, and the narrow width of the available area constrained by the edge of SW North Dakota Street and the bank of Fanno Creek. The proposed sewer line makes use of existing sewer line trunks at the western and eastern ends of the route, which are connected to a public sewer system. In addition, the proposed sewer line satisfies the Unified Sewerage Agency's (USA) sanitary sewer alignment and uniform grading requirements. The pipe line was aligned to minimize impacts to wetlands and waterways, as well as provide the necessary gradient for the sewer line. Described what measures you will use (before and after construction) to minimize impacts to the waterway or wetland. During the sewer line construction, proper preservation, restoration and clean-up protocols will be followed. For example, the excavated material will be stored adjacent to the trench, the contractor will then replace topsoil (with a minimum finished depth of 12 inches) over all trenches. In addition, sufficient erosion control methods, such as silt barriers, will be employed. Potential changes in the existing ground hydrology (i.e. dewatering) will be prevented by using clay plugs (barriers that are positioned along the pipeline) which will stop groundwater from flowing laterally along the pipe. Impact to the drainageway will be temporary, with restoration of stream bed structure within the channel crossing. AD in-water work will be conducted during the Oregon Department of Fish and Wildlife's recommended in-water work period (June 1 - September 30). r JAN, 25 *99 (MON) 13:07 PwGE. 2/2 CITY/CaUW PLANNING 09PARTMENT AFFIdAl (TO BE COMPLETED SY LOCAL PLANNINd OFFICIAL) O This'proled Is not regulates by the local comprehenehra plan:and ioningordlnance, O This project has peen: revldwed and Is consistent with thelbt al 0entiprehenelv9 plan and zoning ordinance: O ThW-.projed has been! reviewed and is riot con slatent with the kwmf Wfs Pretl'e?nefve plan and zoning ordinance. 0116,orieletency of-1hIs pri4ect!wtth the local planning ordinance cannot- be"determined.unttl:the following local approval(s) are-obtal'ned; ' O Cdndltlonal Use Approval .0 Developrrent-Psrmit .0 Plan Amendment .:0 Zone-Change, ' her,-Siyi?.?ve.??/lh.b?rr?s?ir?s{?salt?? -An application G has, O'hda:not teen made for local approvAle checked above. did rrd.Z " t3 'tun (& -pWMng otAow) title . ':dtY :only 'Dabs . 00At3T.4-ZONS CEFITIFICATiOR if the pn*bied acttvlty described In your pafpilt appnoatlaf ti within the Crogon boeststf i M the fallowing aeNtlcetlon is requtrad'before y* Wspptlartlarl oan be processed: A poblie rlotlae wilt.ba Hatred wttfa the certification statement whldFi will titi-forwArdeQ to ft-Oragon Department of Land Ootlservatlon and-Development (OLCD) for Its c6nourrenpe or bblootlori. For addWonel Infdhrtatltin on ft. Oregon Coaa'tai Zane'btanegen 4ntProgram; contact pie dopartrhidnt at 11176 Court 9tnaet I4E, 8ofeth,-Oregon 87310-or can 903-3734060. C6l;?.MmiaTATR'>r18fiT , - I certify that; to the bestbf my knowladga and belief,' the proposed:sotivity deacribed In thid application compiles with the approved Oregon Cadstai'Menedernent Program and will be completed 1 a manner consistent with the program. Prhv,rype Name Ap¢8osnt Big VWM SIOkAfUltil'FOR.JOINT-.AFOUCATION - - _ (Rt?aut??a • ApOcallort Ia hereby made for the actlvltses described her!aini.106* thetJ am farnfllar with the Information oontafned in•thii application; and to tfte-beatnf my knowiadge and genet; this Irtt Vition Is-true, complats. and eecurate: ( further certify that Tpoatees the authority Inoludlng the nscesssry risqulslte propartjr ln*mat to undwtpke the prappsed agfi+itles."I uodenterid that clip urarift of other psrMb bylocat; county, &W% or federal agencles does:not release nM from the rRqulrorl1br11 at otitQihfrig the permits: rsquegted before commencing the prgftfot. I, under(tand that-looat pormits rrtey be requlned bdfore:the state removal-ffll'*mIt Is Issued. I underetand that payment of ulrQd state pro"eaing fee does'not guarantss pemllt leeuanos:... 77 {ca:applJcurU 71{N . PA VAL 1- 21.; 91 Appka 81 {oo?rppfioant) Date :. I certify at f may a 4-0authortzed vaent of the oppllcant. Carallne'EUm L. /I WittlandScIM(ia3 _ PrtnYiype ame _ THIe % 6 Auft t ad Acant awmand oat 71tii A-6 SUPPLEMENTAL WETLAND IMPACT INFORMATION* (For Wetland Fills Only) Site Conditions of impact area impact area is O Ocean O Estuary O River O Lake • Stream • Freshwater Wetland Note: Estuarian Resource Replacement is required by state law for projects involving intertidal or tidal marsh alterations. A separate Wetlands Resource Compensation Plan may be appended to the application. Has a wetland delineation been completed for this site? 40 Yes O No If yes, by whom: Pacific Habitat Services, Inc. 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) South of the proposed route, the relatively level ground transitions into the northern bank of Fanno Creek. The channelized creek flows west then south. The elevation along the pipeline route is approximately 155 feet National Geodetic Vertical Datum (NGVD). The study area lies within the Fanno Creek floodplain. Most of the site is hydrologically influenced by direct precipitation and stormwater runoff from surrounding development. The western end of the site is slightly lower in elevation and subject to groundwater fluctuations associated with Fanno Creek. Site vegetation is very degraded and primarily consists of weedy herbaceous species and Himalayan blackberry thickets (Rubes discolor). Resources Replacement Mitigation Describe measures to be taken to replace unavoidably impacted wetland resources The wetland in the western end of the site is primarily composed of a mixture of pasture grasses, and therefore, restoration by soil replacement and reseeding to prevent erosion should be appropriate for this area. However, given the degraded condition of the vegetation community within the project area, additional mitigation in the form of wetland/riparian enhancement will also take place. Enhancement will occur along the north side of Fanno Creek. This area lacks vegetative structure and is dominated by weedy herbaceous species and blackberry thickets. The blackberry thickets will be mechanically removed, and approximately 0.02 acre will be planted with native shrubs. These plantings will add structure and provide increased wildlife habitat along the riparian area. 'Because this information is not necessary for a complete application, you may submit this sheet and other environmental information after submittino vour apmlication_ 02/22/99 16:27 PAC O HAB I TAT SER 4 15038084375 NO.689 GO: • i H S Pacific Habitat Services, Inc. 9450 SW Commerce Circle, Suite ISO Wilsonville, Oregon 97070 Telephone number: (503) 570-0800 Fax number: (503) $70-0855 Transmittal Date: To: From: February 22, 1999 Jan stnart, PhD U.S. Army Corps of Engineers Caroline Rim FAX Number: (503) 808-11375 No, of pages (including cover page): 3 Re: Proposed sanitary sewer line project on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (TI S, RIW, Sections 34, 35); U.S. Army Corps of Engineers permit application I.D. No. 99-132. 'PHS Project No.: 8-1754 Jean: in regard to the proposed Pasc=i sanitary sewer line project in Tigard, Washington County, Oregon (TI S, RI W, Sections 34, 35, Tax Lots 200, 3300, 3400), the following includes information addressing the issues which we discussed during our telephone conversation on February, 11, 1999: I . Additional tree and shrub species to be planted within the proposed enhancement area (Figure 9), along the north side of Fanno Creek include twelve Oregon ash, six Pacific ninebarl, six Pacific willow, and six Sitka willow; 2. The sewer line will consist of an 8-inch diameter PVC pipe, except at the creek crossing, where ductal iron will be used, as per Unified Sewerage Agency specifications; 3. Cofferdams will be in place for approximately one to two days maximum. During trench excavation within the stream channel, water entering the trench will be pumped into the stream on the downstream side of the dam. The cofferdams and pump will be in use only during low flow periods and nonstorm events. Work within the stream channel will only take place during the in-water work period (July 1-September 30) recommended by the Oregon Department of Fish and Wildlife. In addition, an 8-inch diameter PVC pipe will 02/22/99 16:27 HABITAT SER -? 159.808437`' S 10.689 f dross through the upper portions of the cofferdams, and in the event that water levels should rise above the height of the dams, the pipe will allow for fish passage from the upstream to the down stream sides of the dams. Y hope this information helps clarify any questions which you may have had regarding this project. Please call me if you have any other questions or need further clarification. J 902 -.a _?._?? ? ..??- - .?- - r.... .??.. ..__. :1tL•.r. .. ....?,_... _ - .tea •s•?_. ._ ._-?_....'-.-.... ..'? 1 S.W. North ll? 1? r. ww ? ?w Eg Bridge wow I'? i 4 GS o Faan° w1 \ ? ??Lotzao Tax Lot 3444 Tax tAt 3300 Tree. aadsLrut,¦ Boranicmt Noma Common Name 61M Quaadgm Berkntr equirola" oreson pmV4 119-24" 6 Carnutrsolealfera tied-0dcrdagwood LE-24" 12 Fraaa wa lui fofia owson Bah 24-36" 12 PAY100"PWaviww Pacificuinebart 18-24" 6 RaraAfowrpa Ctuulwedraae 18-24" 12 Solhfarioedra Pacificaulow 12-18" 6 Proposed ttowwIins route So fit Iftchouil sitkr willow 12-18" 6 Poudd}plu XfiieaamalWatmoftlie .? , ?? .... TOTAL L e?, 60 satebovidw Posy daDy ludasedonal wedand u Propmd lEabanct mt G02 mm) . DATE: 12/22/88 SCALE to PEST 8-1754 Figure 9. Proposed enhancement area for a proposed sanitary sewer lino on Tax Lots 200, 3300 and 3400 in Tigard, '4 mdAngton County. Oregon (base mnp provided by Harris-MWonegle Associates, 1=, 1998). Pacific Habitat Services, Inc. ps o+ N • PHS pacific Habitat Services, Inc. 12/31/98 Figure 1. Location and general topography of a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (U.S.G.S., Beaverton, OR, 7.5 minute quadrangle, 1961 photorevised 1984). r PHS Pacific Habitat Services, Inc. Y-1; Jim- CITY OF TIGARD '- Wetlands Inventory Unit 3 Identified Wetlands Y t - r Streams Public Land survey. 34 33 Section IDs T3 Resource Unit Boundary • ?l?1DpM . iC Sample Plot Location •? 12/31/98 8-1754 Figure 4. Local Wetlands Inventory information for a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (Fishman Environmental Services, 1995). -S-IM. Noll Dakota Street Exis g Bridge r, r r r Mrs.. 2r r• , G S ? \ 5 F a n p° Mrr?ri / \ Tax Lot 200 Tax Lot 3400 Tax Lot 3300 Proposed sower line mute Pateatially Jurisdictional Waters of the . , . State boundazy Potentially Jurisdictional Wetland ® e i Sample Point • 3 SCALE in FEET DATE: 12/31/98 8-1754 Figure S. Locations of potentially jurisdictional wetland; waters of the state, and sample points along a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (base map provided by Farris-McMona>xle Associates, Inc.. 1998). HS S Pacific Habitat Services, Inc. I 'A -0 V PHS 421 Pacific CLASS °B• SIMPACR RESTORATION AS IMIFIED rvices, Inc. CLASS "A" my-60 CX=S NAT I YE W TEm I AL MA'TREMQI TO ALLOR MR SETTL.EI1M r •a -- aUI I UPUM • •• • ? IAA D ST EARTH ?' mAT I YE ACTW EARTH 314• - 0 od wm MATERIAL Roams. I • :ter N `? •• fir :??,. :•!? Sri.. ? ? ? ?i • • ? • ? • 3/4• - o o R04c ?• = ,?•• L • • a • ' - In Dire 0.v'. PLUS 8- ? o] • • O LVP Dripe wO 0 O 4• o. • O o eCooiNG • ?• : _?.Poe e o o ? : • • o•• • • O.D. PLUS 4• YIN. FOR PIPe SMALLER THM Id• rn p C.D. MUS 60 YIN. FOR PIPE 10• Am LARGER ,2 r 12/31/98 8-1754 Figure b. Typical cross section of a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (Harris-McMonagle Associates, Inc., 1998). ,w IM too of , ty? V7 IVI II 1 1/ I I 1 1 I?. 11 1111 1 I 1 II I. I 1 •11 1 Ml IY Ir Iw 12/31/98 rm Anvroximate Scale Horizontal: l inch - 60 feet Vertical: 1 inch 6 feet {P_-. "w 8-1754 pacific Habitat Services, Inc. r 1w m IM IY an Ir 1 Figure 7. Cross section of the creek crossing for a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (Harris-McMonagle Associates, Inc., 1998). .y W. lJorth Dakota Street Wsting Bridge ?+ 1 ----------- _ r r ?? r r 0-r Tax Lot 3400 I Tax Lot 3300 Proposed sewer line route Potentially Jurisdictional Waters of the State boundary ..+ r r .?. r r ?.. I Potentially Jurisdictional Wetland ® 1 _ Proposed Wetland Impact ] V (.01 acre) uz .w Proposed Waters of the State Impact (.03 acre) DATE: 12/31/98 8--1754 Figure 8. Locations of proposed impacts to wetland and waters of the state for a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (base map provided by Harris-McMonagle Associates. Inc., 1998). r7, S ° - Pacific Habitat Services, Inc. 0 G ct? \ F a n n o \ Tax Lot 200 I? o is 30 SCALE in FEET - 1 '- : Street S.W. North akot:a D- -? J --- -.,0. 03 Tax Lot 3300 Proposed sewer line route Potentially Jurisdictional Waters of the .? ?•? .? State boundary Potentially Jurisdictional Wetland Proposed Enhancement (02 a=) DATE: 12/22/98 Tax Lot 3400 Existing Bridge G C4 F a n a o \ Tax Lot Z00 Shrubs I Botanical Name Common Name Size Quantity BerbeAf aquifolrum Oregon grape 18-24" 6 Cornus stolonifera Red-osier dogwood 18-24" 12 Rosa pisocarpa Clustered rose 18-24" 12 Total 30 o is 00 SCAU in FEET 8-1754 Figure 9. Proposed enhancement area for a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (base map provided by Harris-McMonagle Associates, Inc., 1998). Psr Rr, Hahitat CPrrrirPC Tni- pHs 1 0 0 NATIONWIDE PERMIT Nationwide Permit 12 authorizes discharges of dredged or fill material associated with excavation, backfill or bedding for utility lines, including outfall and intake structures, provided there is no change in preconstruction contours. A "utility line" is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquefiable, or slurry substance, for any purpose, and any cable, line, or wire'for the transmission for any purpose of electrical energy, telephone and telegraph messages, and radio and television communication. The term "utility line" does not include activities which drain a water of the United States, such as drainage tile; however, it does apply to pipes conveying drainage from another area. This NWP authorizes mechanized landclearing necessary for the installation of utility lines, including overhead utility lines, provided the cleared area is kept to the minimum necessary and preconstruction contours are maintained. However, access roads, temporary or permanent, or foundations associated with overhead utility lines are not authorized by this NWP. Material resulting from trench excavation may be temporarily sidecast (up to three months) into waters of the United States, provided that the material is not placed in such a manner that it is dispersed by currents or other forces. The DE may extend the period of temporary side-casting not to exceed a total of 180 days, where appropriate. The area of waters of the United States that is disturbed must be limited to the minimum necessary to construct the utility line. In wetlands, the top 6" to 12" of the trench should generally be backfilled with topsoil from the trench. Excess material must be removed to upland areas immediately upon completion of construction. Any exposed slopes and stream banks must be stabilized immediately upon completion of the utility line. (See 33 CFR Part 322). Notification: The permittee must notify the district engineer in accordance with the "Notification" general condition, if any of the following criteria are met: (a) Mechanized landclearing in a forested wetland; (b) A Section 10 permit is required for the utility line; (c) The utility line in waters of the United States exceeds 500 feet; or, (d) The utility line is placed within a jurisdictional area (i.e., a water of the United States), and it runs parallel to a streambed that is within that jurisdictional area. (Sections 10 and 404) area. QUALIFICATIONS CONDITIONS Case No: 99-132 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.) b. 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. 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 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. 24. 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. IMPLEMENJAIJON Case No: 99-132 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. S. 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 84 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. Consultation regarding the Upper Willamette Winter Steelhead (Oncorhynchus mykiss) has been concluded (see attached NMFS dated April 22, 1999). If at any time during the conduct of the work authorized, the permittee becomes aware that any other 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) 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. 0 0 11 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. Turbidity Reporting. The permittee shall conduct turbidity monitoring as required in the "Turbidity" condition stated above and mail the results to the Department of Environmental Quality, Executive Building, 811 SW. 66 Avenue, Portland, OR 97204, at the end of each week of operation. [This Condition is only applicable to work in WQL waters only]. 14. Other Conditions. The activity must also comply with all conditions added by the Section 401 water quality certification. 15. Compliance Certification. Permittee will complete, sign and submit the enclosed certification (Enclosure 5) regarding the completed work and any required mitigation. 16. Case Specific Conditions. - Pre-construction hydrology must be maintained by means such as trench plugs, reconstructed impervious soil layers, etc. - The topsoil (up to 12 inches in depth) shall be removed and stockpiled separately from subsurface soils and replaced at the project's completion. Disturbed areas shall be replanted with type of plants existing prior to disturbance and a survival rate of 80% shall be achieved within a 5 years following initial plantings. - All conditions presented on the second page of the NMFS letter dated April 22, 1999 are considered conditions of this permit. - The wetland and buffer mitigation and restoration shall be completed as described in Section 7.0 and 7.1 of the Wetland Delineation And Mitigation Plan, etc prepared on January 8, 1999. 0 0 Compliance Certification Permit Number. Date of Issuance: Name of Permittee: I hereby certify that the work authorized by the above referenced permit, has been completed in accordance with the terms and conditions of the said permit, and that required mitigation was completed in accordance with the permit conditions, except as described below. Signature of Permittee End 5 t. RECEIVED APR 2 ;j 1999 REGULATORY BR (;H. '4+..R Mcgy?r UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration y'?°rf NATIONAL MARINE FISHERIES SERVICE "'Args CO Northwest Region 7600 Sand Point Way NE Bin C15700, Bldg. 1 Seattle, Washington 98115-0070 . April 22, 1999 Mr. Burt Paynter Corps of Engineers - Portland District P.O. Box 2946 Portland, Oregon 97208-2946 Re: Section 7 Informal Consultation for the Pascuzzi Sewer Line Project along Fanno Creek, Permit App. No. 99132 Dear Mr. Paynter: The National Marine Fisheries Service (NMFS) has reviewed the request for informal consultation in your letter of February 16, 1999. -As described, the proposed action for the pipeline stream crossing occurring at Fanno Creek near Beaverton, Washington County, Oregon may affect Upper Willamette River steelhead but is not likely to adversely affect this species or its critical habitat. This consultation is undertaken under section 7(a) (2) of the Endangered Species Act (ESA) and its implementing regulations, 50 CFR Part 402. The Upper Willamette River steelhead (Oncorhynchus mykiss) occur in the proposed project area. The Upper Willamette River steelhead was listed as threatened under the ESA by NMFS (March 25, 1999, 64 FR 14517). Critical habitat has been proposed for the Upper Willamette River steelhead (February 5, 1999, 64 FR 5740) and includes the all river reaches accessible to listed steelhead in the Willamette River and tributaries above Willamette Falls plus the river reaches of the Willamette River and Columbia River downstream of the Willamette Falls. Critical Habitat consists of the water, substrate, and adjacent riparian zone. The proposal includes installing 240 linear feet of sanitary sewer line, including crossing of Fanno Creek. This project is necessary to connect expanding urban residential development to existing sewer line. The project description indicated that work will involve constructing a pipeline crossing of a stream by excavating a trench in the stream bank and bed, laying down the pipe, and backfilling the trench and burying the pipe, and restoring the stream bed and bank with appropriate erosion protection, and seeding and planting of native plants. Expected impacts include temporary loss of riparian vegetation, that may decrease stream shading and increase temperature, with potential loss of organic input and woody debris, and a temporary increase in turbidity and suspended sediment which could affect fish migration, rearing and spawning success. Impacts will be minimized by incorporating indicated conservation measures incl P ?.. 1 i Primed on Recycled Paper (W:Odo restoring the stream bed and bank to original condition and replanting disturbed areas with native plants. As such, the Corps of Engineers concluded that the proposed work may affect, but is not likely to adversely affect the species indicated above. NMFS concurs with your determination. Our concurrence is based on: • implementing erosion protection actions including silt barriers and surface coverage for exposed areas; • conducting the work during the ODFW in-water work period; • isolating the work from actively flowing water; • improving the stream riparian area in the long term; • seeding and plant the disturbed stream banks and riparian areas with native herbs, trees, and shrubs; • the absence of indicated fish species from the immediate vicinityduring construction; • restoring the stream bed and bank to pre-construction conditions, compatible with stream morphology; and • minimal and short term turbidity increases for the project; This concludes informal consultation on this action in accordance with 50 CFR 402.14(b)(1). The Corps must reinitiate consultation if new information reveals that effects of the action may affect listed species in a way not previously considered; the action is modified in a way that causes an affect on listed species that was not previously considered; or a new species is listed or -tritical habitat is designated that may be affected by the action. If you have any questions regarding this letter, please contact Jim Turner of my staff at (503) 231-6894. Sincerely, *Wim Ste Ie, Jr. Regional Administrator 1 ??1 r -- r - - S.W . North Dakota Street ----------- ------ MIT 15?/ G? c t ?/ F a n n ° .0.r Exi tms g Bridge Tax Lot 200 Tax Lot 3300 Proposed sewer lice route Potentially Jurisdictional Waters of the . , , , . State boundary Potentially Jurisdictional wetland Proposed Fabancancat (.02 acre) DATE: 12/22/98 Tax Lot 3400 I. Shrubs I Botanical Name Common Name Size Quantity Berberis aqu jollum Orogon grape 18-24" 6 Corpus stolon j(era Red-osier dogwood 18.24" 12 Rosa pisocarpo Clustered rose 18-24" 12 Total 30 o Is 30 SCALE in FEET 8-1754 Figure 9. Proposed enhancement area for a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (base map provided by Harris-McMonagle Associates, Inc., 1998). RHS Parifi? Hahitnt ,VPr-v4i-P-z Tne- I AL 1 Di-vision of State Lands Perm: 775 Summer Street NE NOTI C Irvit Type: Salem, OR 97310 terway: RF-16736 Removal/Fill Wetland/Fanno Creek ^m 503-378-3$05 THIS PER;C+ t ?',?:? it Washington Date: March 15; 2000 PI" ," ?;Cn 99-132 IS AUTHORIZED IN ACCORDANX(A&850E0 -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: 1. This permit does not authorize trespass on the lands of others. The emit holder shall obtain all necessary access permits or rights-of-way before entering lands owned by anoth r. 2. This permit does not authorize any work that is not in compliance wi ocal 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 proceedin er this permit. 3. All work done under this permit must comply with Oregon A ' trative Rules, Chapter 340; Standards of Quality for Public Waters of Oregon. Specific water quality provisions for this project are set forth on Attachment A. 4. Violations of the terms and conditions of this permit su 'ect to administrative and/or legal action which may result in revocation of the permit or damages. Th it holder is responsible for the activities of all contractors or other operators involved in work done at the site or under this permit. 5. A copy of the permit shall be available at the site whenever operations authorized by the permit are being conducted. 6. Employees of the Division of State Lands and duly authorized representatives of the Director shall be permitted access to the project area at all reasonable times for the purpose of inspecting work performed under this permit. 7. Any permit holder who objects to the c 'ons of this permit may yrest a hearing from the Director, in writing, within.10 days of the date this as issued. 8. In issuing this permit, the Division of State Lands makes no representation regarding the quality or adequacy of the permitted project desigrve rials, construction, or rmunmenance, except to approve the project's design and materials, as set fo permit application, satisfying the resource protection, scenic, safety, recreation, and public access requirements of ORS Chapters 196, 390 and related administrative rules. 9. Permittee shall defend and hold harmless the State of on, and its officers, agents, and employees from any claim, suit, or action r roperty damage or pers al ' ury or death arising out of the design, material, construction, or mainten the permitted improve nt NOTICE: If removal-is- from state-owned subme(CPrly d submersible land, the applicant must comply with leasing and royalty pr ns of ORS 274.530. If oject involves creation of new lands by filling on state- owned submerged or bmersible lands, you must 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 st caned submerged or submersible lands. Failure to comply with these requirements may result in civil or c ' nrlm al 'ability. For more information about these requirements, please contact the Division of State Lands, 378-38 Earle A. Johnson, Manager Western Region Field Operations Oregon Division of State Lands Authorized Signat re March 15, 1999 Date Issued . 1 • ATTACHMENT A • Special Conditions for Material Removal/Fill Permit No. 16736 1. This permit authorizes the placement and removal of up to 130 cubic yards of material in Section 34 and 35, T1S, R1W (Wetland/Fanno Creek) for construction of a sanitary sewer improvement as outlined in the attached permit application, map and drawings. 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; -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. 3. Petroleum products, chemicals, or other deleterious materials shall not be allowed to enter the water. 4. Waste materials and spoils shall be placed at an approved upland disposal site and not in any unauthorized wetland areas. 5. Removal of existing woody vegetation shall be minimal. 6. In-water work shall be conducted between July 1 and September 30. 7. The shoreline of the wetland and stream riparian area shall be seeded or planted with grass and/or legumes, native shrubs and trees. Trees and shrubs shall be of the species indicated in Figure 9 to include the following species: willow and red alder. Following planting of the area, the vegetation shall be allowed to establish a natural character with minimal maintenance. The criteria for success shall be 80% survival for a period of three years. Attachment A RF 16736 Page 2 of 2 8. At the project's completion, the project area shall be returned to its original contours. 9. The issuance of this permit is conditional upon acquisition of the required Sensitive Land Permit from The City of Tigard. 10. The Division of State Lands retains the authority to require appropriate corrective actions to the site in the event the newly planted stream/wetlands are not functioning as designed within a period of three years. 11. The Division of State Lands retains the authority to temporarily halt or modify the project in case of excessive turbidity or damage to natural resources. March 15, 1999 attachmentAwest\RF-16736. doc ' Division of State Lands Permit&: RF-16736 /?• 7T5 Summer Street NE Permit e: RemovaVM ?f Salem, OR 97310 Waterway: Wetland/Fanno Creek W 503-378-3805 County: Washington Expiration Date: March 15, 2000 Corps No.: 99-132 PASCUZZ117VESTMENTS, LLC. 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: 1. 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. 2. 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. 3. 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. 4. 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. 5. A copy of the permit shall be available at the work site whenever operations authorized by the permit are being conducted. 6. 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. 7. 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. 8. 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. 9. 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 t ands, 378-3805. Earle A. Johnson, Manager Western Region Field Operations Oregon Division of State Lands March 15, 1999 Authorized S Eat re Date Issued SaIcm11F01FavmslAmha?ir?mlPvmii Face.doc ATTACHMENT A Special Conditions for Material Removal/Fill Permit No. 16736 1. This permit authorizes the placement and removal of up to 130 cubic yards of material in Section 34 and 35, T1S, R1W (Wetland/Fanno Creek) for construction of a sanitary sewer improvement as outlined in the attached permit application, map and drawings. 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; -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. 3. Petroleum products, chemicals, or other deleterious materials shall not be allowed to enter the water. 4. Waste materials and spoils shall be placed at an approved upland disposal site and not in any unauthorized wetland areas. 5. Removal of existing woody vegetation shall be minimal. 6. In-water work shall be conducted between July 1 and September 30. 7. The shoreline of the wetland and stream riparian area shall be seeded or planted with grass and/or legumes, native shrubs and trees. Trees and shrubs shall be of the species indicated in Figure 9 to include the following species: willow and red alder. Following planting of the area, the vegetation shall be allowed to establish a natural character with minimal maintenance. The criteria for success shall be 80% survival for a period of three years. Attachment A RF 16736 Page 2 of 2 E 8. At the project's completion, the project area shall be returned to its original contours. 9. The issuance of this permit is conditional upon acquisition of the required Sensitive Land Permit from The City of Tigard. 10. The Division of State Lands retains the authority to require appropriate corrective actions to the site in the event the newly planted stream/wetlands are not functioning as designed within a period of three years. 11. The Division of State Lands retains the authority to temporarily halt or modify the project in case of excessive turbidity or damage to natural resources. March 15, 1999 a ttachme n tAwe st\RF- 2 6 7 36. doc 0 • i ' DEPARTMENT OF THE ARMY PORTLAND DISTRICT, CORPS OF ENGINEERS P.O. BOX 2946 PORTLAND, OREGON 97208.2946 Reply to February 16, 1999 Attention of: Operations Division SUBJECT: Permit Application No: 99-132, Wetland Determination/Delineation Report Review Check List and Portland District Corps of Engineers Response Pasquale Pascuzzi 10250 SW North Dakota Street Tigard, Oregon 97223 Dear Mr. Pascuzzi: I have completed my review of the wetland report submitted on January 27, 1999 by Pacific Habitat Services, for work on the Pasquale Pascuzzi property at Section 34,35, Township 1S, and Range 1W in Washington County and have made the following decision. Based upon the information supplied, I concur with your conclusions of the wetland (and other water) locations and estimated size of the wetlands as shown on Figure 5. Work within those areas may require a permit under Section 404 of the Clean Water Act. This wetland jurisdictional delineation is valid for a period of five years from the date of this letter or unless new information warrants revision of the delineation before the expiration date. We are currently evaluating an application for verification of Nationwide Permit 12 for the installation of a sanitary sewerline through the delineated wetland. The verification will be sent under a separate cover. For further clarification, please contact me at U.S. Army Corps of Engineers, Portland District, CENWP-OP-G, Box 2946, Portland, Oregon 97208-2946 or telephone (503) 326-5500. Sincerely, Z4 / /11? Jan 4Stu Project Manager Regulatory Branch Copies Furnished: ODSL (Parks) EPA (Portland) CO-GA (Goudzwaard) PHS (Rim) i-1 '-- Pacific. Habitat Services, Inc. Figure 1. Location and general topography of a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (U.S.G.S., Beaverton, OR, 7.5 minute quadrangle, 1961 photorevised 1984). 12131/98 8-1754 J Figure 5. Locations of potentially jurisdictional wetland; waters of the state, and sample points along a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (base map provided by Harris-McMonaple Associates. Inc.. 1998). PXs Pacific Habitat Services, Inc. µ Jl • • DEPARTMENT OF THE ARMY PORTLAND DISTRICT, CORPS OF ENGINEERS P.O. BOX 2946 PORTLAND, OREGON 97208-2946 Reply to April 28, 1999 Attention of: Operations Division SUBJECT: Nationwide Permit Verification Case No: 99-132 Pasquale Pascuzzi 10250 SW North Dakota Street Tigard, Oregon 97223 Dear Mr. Pascuzzi: This is your Department of the Army authorization to install a sewerline across Fanno Creek near Tigard, Washington County, Oregon (Sections 34,35 T1S/R1W). Fanno Creek is water quality limited and as such turbidity monitoring reports shall be submitted to Oregon Department of Environmental Quality (See Implementation Conditions #12 and 13, Enclosure 4). Consultation with National Marine Fisheries Service (NN]FS) has been concluded and all conditions listed in their letter dated April 22, 1999 (Enclosure 6) shall be considered conditions of this permit (see Implementation Condition #16, Enclosure 4). This letter verifies that your proposed activities as presented in your application are authorized under the terms and limitations of Nationwide Permit Number 12, 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 RemovalfFill Law, as well as other appropriate local authorizations, must also be obtained or your authorization will not be valid. This verification is valid until April 28, 2001, unless the nationwide permit expires, is modified, reissued, or revoked prior to that date. All the nationwide permits, except Nationwide Permit 26, are scheduled to be modified, reissued or revoked in February, 2002. 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. .n • E -2- If you have any questions regarding our nationwide permit authority, please contact me at the above address or telephone (503) 808-4381. Sincerely, Enclosures Copies Furnished: ODEQ (Melville) ODSL (Parks - DSL No: RF-16736) DLCD Stu , Project Manager Regulatory Branch OP-GP (Black) w/application PHS (Rim) w/enclosures Reply to Attention of: Operations Division i DEPARTMENT OFTHE ARMY PORTLAND DISTRICT, CORPS OF ENGINEERS P.O. BOX 2946 PORTLAND, OREGON 97248-2946 February 16, 1999 SUBJECT: Permit Application ID No: 99-132. National Marine Fisheries Service Attn: Richard Applegate 525 NE Oregon Street, Suite 500 Portland, Oregon 97232 Dear Mr. Applegate: The Portland District Corps of Engineers is evaluating an application from Pascuzzi Investments, LLC for a project on Fanno Creek near Beaverton, Washington County, Oregon (Sections 34,35 T1S/R1W). We are evaluating the proposal under our regulatory authority found in section 404 of the Clean Water Act. Upper Willamette Winter Steelhead (Oncorhynchus mykiss), proposed for listing under the Endangered Species Act, are known to occur in the Tualatin River of which Fanno Creek is a tributary. Although Oregon Department of Fish and Wildlife has documented no winter steelhead in Fanno Creek, Coho Salmon (Oncorhynchus kisutch) have been documented from the mouth to Durham Road. We intend to verify authorization of this project under Nationwide Permit 12, Utility Line Discharges. We have determined that the steelhead may be affected by the work, however we believe that this species will not be adversely affected. We are initiating early informal conferencing as required under Section 7 of the Endangered Species Act and request concurrence with our determination that this project will not likely adversely affect the steelhead. The proposed project involves the installation of approximately 240 linear feet of sanitary sewerline through 0.4 acres of wetlands and crossing of Fanno Creek. The current sewerline is connected to an older septic system with a drain field. The proposed sanitary sewerline will connect to a public sewer system instead of a drain field, and therefore, will be an improvement over the older system. A 2.5 foot wide trench will be excavated to a depth of approximately 11 to 12.5 feet deep with the excavated material sidecast to be used for backfill. The sewer alignment along the creek crossing will consist of utilizing cofferdams to dewater the trench area Using clay plugs that will stop groundwater from flowing laterally along the pipe will prevent potential changes in the existing ground hydrology. r ? -2- Our review indicates that no direct impacts to the fish will occur because the steelhead have not been documented within the project area. The potential adverse impacts are to water quality and include probable turbidity increases and possible temperature increases due to devegetation of the riparian area adjacent to Fanno Creek As conservation measures the applicant has proposed to have standard erosion control measures, including filter bags, silt fencing, haybales, in place prior to construction. Special precautions will be taken to ensure that no eroded materials enter Fanno Creek. The impact area will be restored by soil replacement and reseeding to prevent erosion. Additional mitigation in the form of wetland/riparian enhancement will also take place. Enhancement will occur along the north side of Fanno Creek This area lacks vegetative structure and is dominated by weedy herbaceous species and blackberry thickets. The blackberry thickets will be mechanically removed, and approximately 0.02 acre will be planted with native shrubs. These plantings will add structure, provide increased wildlife habitat and provide shading along the riparian area. Any in-water work will be conducted between July 1 and September 30. Implementation of these conservation measures will be made a condition of our authorization. It is our determination that the proposed project, together with the conservation measures, is not likely to adversely affect Upper Willamette Winter Steelhead. We request your concurrence with our determination. If you require further information regarding this project please contact Jan Stuart at (503) 808-4381. Sincerely, W. B. Paynter Chief, Regulatory Branch Enclosures Copies furnished: ODSL (Parks DSL No. RF-16736) PHS (Rim) Pascuzzi Investments LLC (Pascuzzi) E -- --------?----- ------F--- ------------ ------ - - J f c 5_W N - - - - CR.N0.452 ORTH DAKOTA 3T. Y 1 - - - _ CENIERUNE - - - - EX.EP 30,22 LF IT PVC D-?031--- _ Sr 000 a ! - - - ----____ --------------- °-- - EX.MFF-- - - -- EX.R/IV - y -`'-- ` R SIGH `t ` '- E1LYl i - ? R01.135,40 - UNE .A '.T"-°?•-?, ? 213 27 ?g•.,.?x ? ? 7.0- FROITR/W b ecu?e r l t55 UNE A - 1 t . , . i EXISTING BRIDGE / 1 ------- T EX.RYW -T' Cl - - - - - - - LIRA ' AF+18.49 T ----- ------- MKAJ 010 W/INSIDE DROP RIN.180. - - - - - - - - (SEE DETAIL) WAATER W vAL4E BOX ----- C --------f-------------------- -? ----------------------71 L h ... r.. .. ?- , - r, r .: R?,. , - .-ILSTYSMR 157 ' 35 LINE W STA.O+ IEr SO QUT SANS: INSTALL I1 .RENO - ?4. G 1 \I E. 133.25 ' CONNECT TO FANNO CREEK G Jyh yW J, \ -. 4 I G ALL I STUB 10 r 041 ?, \ EXISTING I 4p .. ?, IE.15zsa our = AM 1 1CER r nF0 11--1/a1/013 BEND E!XV M I \\ 1 W .CB' I 1 DVAAUULTT n IE138977 OUT 1 A? I? TAX MAP 1S-1-340A TAX MAP 15-1-35CI3"7\ ?0 1 T/13300 ju T/1_3400 T/L200 4? 1 PP? I CITY of TIGARD _ EXISTING ORAIN ???? - ' - 1 ABANDONED DAKOTA MEADOWS ( 1 TRACT M ? LINE 'A' STA.3+25.44 RW.184.49 NN.USA I I #010 W nNWOE DROP W . AL18•P. IXISIING SEPAL TANK NEW ? ? d a (SEE DdnAt (TO BE REMOVED) 79.08 m ?E Ir -3034 N I A I \ F LINE 13, sa RECONNECTT ?S W E EX.IATERAL t t 1\ EXISTING LINE 'A' STA.4+04.50 + i I\ E 1`, REMOVE SUMP PUMP S I . RECONSTRUCT AIN BASE ,'=2a EXISTING BUILDING x i? 0 20 w HDR2 SCALE STANDARD SANITARY SEWER IMPROVEMENT DETAILS I I v . 1l 1 .L_?J -LASS I.:, r :AN:TPAY ?_ .:. STANDARD mAN40LE ? j?csyo :rH_, r ?_? 1i46! SUBLIRBAN AM StPAIDAR13 MANHOLE FRAME AND COVER u?g EItlwS 4 r#A -GREEN CROSSING ?g4I RESTORAT:CN aT aPa .-•- T-W MEAL .-9V. C Nlxa #' ?: a.vram?c 'rn. c wn vm m.u V !v, y.?c.im na xMw r? '`.per. e.ru .?n.•.euxa '. em as mweup,w rvrea rem ? t n.x+ )''I?rtG Za'nS ? aw wu ewu ?-.. ;' a w: urr MANHOLE DROP DETAIL USA #010 MH OWNER / DEVELOPER: ENGINEERS / SURVEYORS: PASOUALE PASCUZZI HARRIS-MCMONAGLE ASSOCLATES, INC. i0250 SW NORTH DAKOTA ST. 12555 S.W. HALL 9LVD. TIGARD, OREGON 97223 TIGARD. OREGON 97223 PHONE; (503) 320-4575 PH: (503)839-3453 GENERAL NOTES: 1. ALL PIPE INSTALLATION, METHODS, AND MATERIALS SHALL BE IN CONFORMANCE WITH THE CITY OF TIGARD BUILDING DEPARTMENT STANDARDS AND THE UNIFORM BUILDING AND PLUMBING CODES. 2. ALL BACKFTLL IN ROADWAY AND PARKING AREAS SHALL BE COMPACTED GRANULAR MATERIAL 3. ROADWAY AND PARKING AREAS SHALL BE RESURFACED/RESTORED TO THEIR ORIGINAL CONDITION. FANNO CREEK WETLAND CROSSING NOTES: 1. IN WATER WORK IS ALLOWED FROM JULY 1ST TO 5EPTEMBER 30TH. 2. WETLAND MITIGATION IS REOUIRED. THE CONTRACTOR SHALL KEEP A COPY OF THE D.S.L. AND ARMY CORPS PERMIT AND THE WE-n Amn AND DEL.'NrATinu P>vonaT FADM RcAir rnycYn TAUrc ONSITE AT ALL 71MES. 3. UPON PROJECT COMPLETION THE PROJECT AREA SHALL BE RESTORED TO ITS ORIGINAL CONTOURS. 4. THE ENTIRE STREAM CORIDOR SHALL BE PROTECTED WITH SILT FENCES, BIO-BAGS, ETC, TO PREVENT SEDIMENT LADDEN WATER FROM ENTERING FANNO CREEK. 5. STOCKPILES SHALL BE COVERED OR OTHERWISE PROTECTED FROM EROSION. 6. PLACEMENT OF THE COFFERDAMS SHALL MINIMIZE DISTURBANCE TO THE EXISTING STREAM CHANNEL/BANKS. REFERENCE INFORMAl10N AND NOTES: 00p ''e? HARRIS-EICYONAGIB ?9? ?+6? M[ .<. PASCUZZI ' W? "m°P` PASQUALE PASCUZZI ? RIM PAS-SAN 12555 S W BLVD Ixa® 10250 9W NORTH DAKOTA 9T. 9X<r . . . =22-1-11111 TIGARD. OR v, TICAM). OREGON 972 99223 PRIVATE SANITARY SEWER' ?, tOXXAmI ss apt m[ PHONE (503j 839-3453 3411 ''VOg L Ay,1N\o FAX (503) 839-1232 ? (503) 3 PHONE: PHONE: (503) 320-4575 PLAN AND DETAILS REFER TD TRACING FOR LATEST REVT90 N ' uE ,,ow 09/10/1181 1 2 VICINITY MAP NO SCALE I LINE A SANITARY SEWER PROFILE 188 . '''. 188 W • X w i 0. oI c 9 W tl Wu 161 d _ - ? Oi _-- 1711 -_ - __? O N 161 N z 1 e W oa 4- C-4 X 2 IN as 41 7 ??. i ato N to i az L Z. 3? L61 '7 uj uxi z W N Oi J ?K IC . :iL61 180 O N ~ ixN " W: - I 160 0 o X n ?, v O O W W z F- m m ix, C 12'SIMSWR C? o J G? g P N• P na a Wx- _ a ?i 0 030' ]z z Z;o w v a 3 N EXISTING GROUND 4yy u W? yy AP I I 2'7 7 3 z; G G 156 ! i ) 1 156 79.05 Of 8' PVG k 78.95' OF 6•? a4 O.Ot00 a pT 0.0100 ? r F . 152 WOE/ v? 1 z O 7 Z 152 W a C C ? v 7 E 0 In 1 P P , ,', W W W w P, P 1' yy yy I; 118 ', -- - I 118 •. 3.0'MIN. 8 213.27' OF ErPIC - tat a ? l 30.22' OF 3wC AT 0.0060 I 144 AT 0;0060 W f v z 110 0 140 R a S W - W W C - A L 6 HORZ. SCALE REFERENCE INFORMATION AND NOTES: „pp 7p8r? ppplm Br.- ? omm ? sou ; B HARRLS-1(C?fONAGIBp V? e ? nvm ???????) RKM PASQUALE PASCUZZI PAS-SAN X001 amp 10250 SW NORTH DAKOTA Sf 12555 5.W, HALL 8L40. , R JON . PHONE 97223 ?r Jul &R ? WE )503 P ONe ( &W 3453 wL . (503) 3 PHONE: (503J 320-4575 PRIVATE SANITARY SEWER 2 REFER TO TRACING FOR LATEST REYISION FAX: (503) Bag.-1232 owr6s Ao¢ sty lwo 09/10/G8 PROFILE pF 2