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HomeMy WebLinkAboutPacket, DIM PLANNER 2/22/2022DEVELOPMENT ISSUES MEETING DEVELOPMENT AND PUBLIC WORKS DEPARTMENT SPRINGFIELD CITYHALL 225 FIFTH STREET DPWC,onfermee Room 615,41 Meeting Date; Tuesday, March 15, 2022 11;00 — 12;00 1. DEVELOPMENT ISSUES MTG #811 -22 -000047 -PRE 811-22-000048-PROJ VvIdish Land Co. Assessors Map: 18-03-02-20 TL 2800, 3000, 3100, 3200, 3300 Address: 5001 Franklin Blvd. Existing Use: Vacant Applicant has submitted proposal for placement of fill materials within the VmIlamette Greenway Overlay District to align and conform with the FEMA CLOM R -F Planner: Melissa Carino The Development Issues Meeting informational packet for this meeting is available on-line for you to review or print out @ Laserriche website: www.soringfeld-or.Dovtweblink8tbrowse.asox DEVELOPMENT ISSUES MEETING FORM APPLICANT: Wildish Land Co. MEETING DATE/TIME: March 15, 202211:00 a.m. PLACE: Virtual via Zoom CONTACT PERSON: Melissa Carino 744-4068 Current Planning Staff: ❑L Miller, ❑A Limbird, ❑M Rust, ❑D Larson, ®M Canno Jeff Paschall, City Engineer, DPW Kyle Greene, Managing Civil Engineer—DPW Ken Vogeney, Emergency Manager (DPW) Clayton McEachem, Civil Engineer, Development & Public Works Matt Stouder, Environmental Services Div. Manager/MWMC General Manager Knsti Krueger, Principal Engineer, Development & Public Works Michael Liebler, Transportation Planning, Civil Engineer, Development @. Public Works Gilbert Gordon, Deputy Fire Marshall 2, Fire & Life Safety Department Ben Gibson, Maintenance Supervisor, Development & Public Works Eric Adams, Planning, Willamalane Park and Recreation District Ladd Boyce, Keoki Lapina, Springfield Utility Board (Water) Greg Miller, Springfield Utility Board (Water) Sanjeev King, Nick Amann, Springfield Utility Board (Electric) Amy Chinitz, Springfield Utility Board (DWP) Thomas Jeffreys, (EPUD) Emerald Peoples Utility District Michael Wargo, Willamalane Park and Recreation District Matt Caswell, Planning @. Development Manager, ODOT, State Highway Division (odotr2planmgr@odot.siate.or. us) Brad Rudler, (Electric) Eugene Water and Electric Board Wallace McCullough, (Water), Eugene Water and Electric Board Brett Yancey, Chief Operations Officer; Springfield Public Schools Chris Reiersgaard, Asst. Director of Facilities & Operations; Springfield Public Schools Safe Routes to School, Springfield Public Schools Chris Carpenter, DPW Building Official Rick Lewis, Police Chief, Police Department Tom Schwetz, LTD, Planning and Development Director Luke Pilon, CenturyLink Tom Boyatt, Community Development Manager, DPW Jeff Paschall, AIC DPW City Surveyor Sunny Washburn, Program Coordinator, Environmental Services Sasha Vartanian, Lane County Transportation (Steve Gallup, cc only) Tom Boyatt, Interim Development and Public Works Director Mane Longworth, Central Lane Communications 911 Monte Brown, Northwest Natural Gas Jason McDonald, Comcast Cable Water Resource Coordinator, ESD Jamie Porter, Rainbow Water District Kristina Kraaz, City Attorney (Mary Bridget Smith upon specific request) Niel Laudati, Assistant City Manager Brenda Jones, Administrative Specialist (DIM Annexations) Please mark who you would like to attend this meeting and return form and file to Shannon. Thanks! Revised: 06/08/2020 JI I C VICINITY MAP 811 -22 -000047 -PRE Development Issues Meeting 18-03-02-20 TL 2800, 3000, 3100, 3200, 3300 5001 Franklin Blvd. Wildish Land Co. city of Springfield Development & Public Works 225 Fifth Street Springfield, OR 97477 Development Issues Meeting (DIM) BPRINRFIE D Required Project Information (Applicant: complete this section) Prospective Applicant Name: Wildish Land Co. Phone: 541-485-1700 company: Wildish Land Co. Fax: 541-683-7722 Address: P.O. Box 40310 Eugene, Oregon, 97404-0047 Prospective Applicant's Rep.: Kelly L. Wood Phone: 541-684-7785 Company: Wildish Sand & Gravel Co. Fax: 541-683-7722 Address: P.O. Box 40310 Eugene, Oregon, 97404-0047 Property Owner: Wildish Land Co./Eugene Allen Co. Phone: 541-485-1700 company: Wildish Land Co./Eugene Allen Co. Fax: 541-683-7722 Address: P.O. Box 40310 Eugene, Oregon, 97404-0047 ASSESSOR'S MAP NO: 18-03-02-20 TAX LOT NOS : 2800, 3000, 3100, 3200 Property Address: 5001 Franklin Blvd. Eugene, Oregon 97403 Size of Property: 43.97 Acres ❑X Square Feet Description Of Placementoffll materials within the Greenway Overlay Districtto align and conformwith the FEMACLOMR-F Proposal: (see attached narrative) Existing Use: Vacant Land # of Lots/Parcels: 4 Av . Lot/Parcel Size: 479,160 sf Densi : 0 du/acre Prospective Applicant: iA' t. Date: February 15, 2022 Sig ature Steven J. Wildish Print Required Project Information (City Intake Staff., complete this section) � Case No.: cy 1 `� a -A- Date: `I, ?32-- Reviewed by: C� Application Fee: Technical Fee: $0 Posta a Fee: $O TOTAL FEES: i,- PROJECT NUMBER: V'n-n - P 99 Revised 5/21/13 KL 1&3 'City of Springfield Development & Public Works 225 Fifth Street Springfield, OR 97477 Development Issues Meeting (DIM) SPRINGFIELD / Required Project Information (Applicant: complete this section) Prospective Applicant Name: Wildish Land Co. phone: 541.485-1700 Company: Wildish Land Co. Fax: 541-683-7722 Address: P.O. Box 40310 Eugene, Oregon, 97404-0047 Prospective Applicant's Rep.: Kelly L. Wood phone; 541-684-7785 Company: Wildish Sand & Gravel Co. Fax: 541-683-7722 Address: P.O. Box 40310 Eugene, Oregon, 97404-0047 Property Owner: Eugene Water & Electric Board (EWEB) Phone: 541-685-7000 Company; EWE B(see attached Agreement) Fax: Address: P.O. Box 10148, Eugene Oregon, 97440 ASSESSOR'S MAP NO: 18-03-02-20 TAX LOT NOS : 3300 Property Address: No Address for Tax Lot Size of Property: Map Acres 2.06, Tax Account Acres 1.15 Acres NJ Square Feet ❑ Description Of Placementoffll materials within the Greenway Overlay Districtto align and conform with the FEMA CLOMR-F Proposal: (see attached Agreement dated 11/19/2021) Existing Use.. Vacant Land # of Lots/Parcels: 1 Av ..Lot/Parcel Size: 89,733.6 sf Density: 0 du/acre Prospective Applicant: / ✓n Date: February 15, 2022 Sign ture It Steven J. Wildish Print Required Project Information (City Intake Staff., complete this section) Case No.: I Date: Reviewed by: Application Fee: $ Technical Fee: $O Posta a Fee: O TOTAL FEES: $ PROJECT NUMBER: Revised 5/21/13 KL 1 of 3 Greenway Development Issues Application GLENWOOD PLANT 1 FILL PROJECT PROPOSED PLAN WILDISH LAND CO. A Greenway Development Permit application is being submitted specifically to allow Wildish to place fill materials in the 75 -foot area located in between the 150 -foot Greenway Overlay District Boundary and the 75 -foot Riparian Setback. Estimated acreages and fill volumes are shown on the attached maps. Between March 2015 and January 2016, Wildish obtained the following permits/determinations to allow the site to be elevated above the Base Flood Elevation by using clean construction materials: a) City of Springfield Land and Drainage Alteration Permit (LDAP) b) City of Springfield Type I Floodplain Overlay District Development c) Oregon DEQ NPDES 1200-CStormwater Discharge Permit d) FEMACLOMR-F Determination Additionally, the following studies/analysis were completed in association with the above permits a) Habitat Assessment and Mitigation Plan, Schirmer Satre Group, dated January 26, 2015, Revisions June 30, 2015. b) Hydraulic Analysis to Support CLOMR-F Biological Assessment, Watershed Science & Engineering, dated June 30, 2015. Original engineering calculations estimated that approximately 170,000 cubic yards of clean fill materials would be necessary to fill and grade the property for development. This volume is based upon filling up to the 75 -foot Riparian Setback as shown on the FEMA CLOMR-F Determination, the City of Springfield Floodplain Permit, the City of Springfield LDAP, and the DEQ NPDES Permit. Each of the permits are conditioned such that the applicant shall refrain from filling inside the Greenway Overlay District Boundary until a Greenway Development Permit is obtained. Between 2016 and 2017, Wildish imported approximately 80,000 cubic yards of material to the Plant 1 site. Between January and December 2021, Wildish imported approximately 50,000 cubic yards of material to the site from various projects in the nearby area. The fill footprint with its associated volume of materials is now approaching the Greenway Overlay boundary. In order to pursue the FEMA Letter of Map Revision (LOM R), Wildish needs to complete the fill project as delineated on the 2015 CLOMR-F Determination. Per 3.4-280 Willamette Greenway Development Standards, "Development" is defined as "Any activity within the Glenwood Riverfront portion of the WG Overlay District that would alter the elevation of the land; remove or destroy plant life; cause structures of any kind to be installed, erected, or removed, or result in a measurable impact to the riparian area". The proposed project does include raising the elevation of the land, therefore a development application is needed. The standard application forms, submittal requirements, and processes, however, do not appear designed for a project of such limited scope, thus there is uncertainty as to the applicable and required submittals. Wildish acknowledges that the Willamette Greenway Development Permit application is limited to the placement of fill materials to that area located in between the 150 -foot Greenway Overlay District Boundary and the 75 -foot Riparian Setback as shown on the Site Plan Maps, and that any future development at the site within the Greenway Overlay will require a new Willamette Greenway Development application. For additional information pertaining to the existing approvals and determinations, please see the attached draft Greenway Development Permit application and attachments. Development Issues Application questions GLENWOOD PLANT 1 FILL PROJECT WILDISH LAND CO. 1. Given the limited scope of the proposed development (i.e. placement of fill materials), are we correct to assume that a Site Plan Review or Minimum Development Standards application are not applicable? Alternatively, if applicable, what would be the relevant criteria fort hat application? 2. What are the applicable application fees fort he Greenway Development Permit? 3. Will a public hearing be necessary given the limited scope? 4. Will additional floodplain, hydraulic, or stormwater analyses be applicable or required? AGREEMENT Date: November 19, 2021 Between: ("Parties") Wildish Land Co. f"Wildish") 3600 Wildish Ln. P.O. Box 40310 Eugene, OR 97408 Eugene Water and Electric Board ("EWEB") P.O. Box 10148 Eugene, OR 97440-2148 Owner of Real Property located at Map Number 18-03-0220, Tax Lot 3300 Owner of Real Property located at Map Number 18-03-0232, Tax Lot 3800 WHEREAS, Wildish sold a portion of its Tax Lot 3800 to EWEB ("EWEB parcel") subsequent to receiving a CLOMR-F Determination on approximately 36 acres of its property, including the EWEB parcel. WHEREAS, Wildish is nearly complete in raising the elevation of its property subject to the CLOMR-F Determination. WHEREAS, EWEB has determined that it is in its best interest for the EWEB parcel to remain a part of the CLOMR- r Determination. WHEREAS, The EWEB parcel requires approximately 7,250 cubic yards (or more depending upon the setback determination) of fill materials to meet the requirements of the CLOMR-F Determination. NOW THEREFORE, Wildish and EWEB agree as follows: 1. Fill Materials Wildish will provide at no cost to EWEB approximately 7,250 cubic yards (or more depending upon the setback determination) of clean construction fill materials placed within Tax Lot 3800. Fill placement will be limited to the approved area situated between the 150 -foot Greenway Overlay District Boundary and the Railroad Right -of -Way. In accordance with the City of Springfield Land and Drainage Alteration Permit, all fill shall be clean material and shall be devoid of hazardous materials or other waste such as used asphalt and/or concrete. 2. Grading and Sloping Wildish will complete all grading and sloping in accordance with the CLOMR-F at no cost to EWEB. Wildish will permanently stabilize the fill material through compaction with heavy equipment during fill placement and grading. 3. Temporary Stabilization Wildish will provide temporary stabilization, as needed, at no costto EWER. The fill is anticipated to be primarily granular material with a low potential for water or wind erosion. Temporary stabilization may include bio -berms, silt fencing, mulching, covering, and/or hydro -seeding. 4. Fencing Ata mutually agreeable time, (but not later than the development of either the Wildish or EWEB adjoining parcels(, EWEB, at no cost to Wildish, will install a fence and gate to separate the adjoining parcels. The parties shall mutually agree upon the design and materials used in construction of the fence and gate. EUGENE WATER & ELECTRIC BOARD WILDISH LAND CO. 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Fig L�gi 'i.9 �;tt&&� � SEE€�FtEi o a,f Wildish Land Company: Glenwood, OR Properties Biological Assessment, Essential Fish Habitat and Floodplain Habitat Assessment Location: Glenwood, OR For Submittal to: Department of Homeland Security Federal emergency Management Agency Prepared for: Wildish Land Go. PO Box 40310 Eugene, OR 97404 Prepared by: Schirmer Satre Group 375 West 0, Sulte 201 Eugene, OR 97401 (541)688.4540 .. _ USFWS Tracking Number: 01EOFW00-2014-SLI-0063 (USFWS Species List obtained November 6, 2614) Original- 26 January 2015 Revisions -30 June 2015 Table of Contents I. Introduction Page 3 II. Project Description Page 3 III. Action Area Page 5 IV. Species, Critical Habitat and Page 9 Essential Fish Habitat Considered V. Effects Analysis Page 12 VI. Conclusion and Determination of Effects Page 17 VII. References Page 18 VIII. List of Contacts Made and Preparers Page 20 Appendix A Maps and Figures Sheet 1. Location Map Sheet 2. Taxlol Map Index Sheets 3. NRCS Soils Data Sheet 4A Local Wetland Inventories Sheet 5. FEMA Floodplain and Floodway Sheet S. Critical Habitat Data Sheet 7A41. Aerial Imagery Sheet SX8F, Existing Habitat Types Sheet 9A -9F. Proposed Fill Footprint Sheet 10. Plan View of Cross Section Locations. Sheet 10A. Section AO -A7: Cross Section of Proposed Fill Sheet 106. Section BO -B7: Cross Section of Proposed Fill Sheet 10C. Section CO -C7: Cross Section of Proposed Fill Sheet 10C. Section CO -C7: Cross Section of Proposed Fill Appendix B Ground Photos &302015 Biulogtal Ase.t fw Wild land Co.I Gl...d, On.a 1. Introduction Wildish Land Company owns real property in the Glenwood neighborhood of Springfield, Oregon. The property is located on the left (west) bank of the Willamette River, and portions of the property lie within the 100 -year regulatory Floodplain. The company plans to fill portions of the floodplain above the base flood elevations in order to reduce flood risk to future development. The purpose of this biological assessment is to review the proposed fill within Federal Emergency Management Agency (FEMA) mapped floodplains to determine any effects on the listed (or proposed to be listed) threatened, endangered, or species of concern potentially present within the action area. Critical Habitat, Floodplain Habitat and Essential Fish Habitat are also addressed within this document. This biological assessment is prepared in accordance with legal requirements set forth under Section 7 of the Endangered Species Act (16 U.S.C. 1636 (c)), and in conjunction with appropriate state and federal authorities. The proposed action is to fill floodplains within the Project Area (PA) for reasonably anticipated future development. The applicant is proposing placement of this fill and requesting a FEMA Conditional Letter of Map Revision based on fill (CLOMR-F). This process requires compliance with the Endangered Species Act. II. Project Description The 48.17 -acre PA for this Biological Assessment can be identified on Sheets within Appendix A (Maps and Sheets). The PA consists of 9 separate taxlots, and the FEMA flood designations of each lot is broken down by acreage within Table 1 below. I TAXLOT FLD ZONE ZONE SUBTY acres 1 PCT ANNUAC CHANCE FLOOD 3.3877 2800 AE HAZARD 2800 AE FLOODWAY 0.4287 0.2 PCT ANNUAL CHANCE FLOOD 2.1487 2800 X HAZARD 1 PCT ANNUAL CHANCE FLOOD 16.7709 3200 AE HAZARD 3200 AE FLOODWAY 0.6960 0.2 PCT ANNUAL CHANCE FLOOD 0.0062 3200 X HAZARD 0.2 PCT ANNUAL CHANCE FLOOD 6.2503 3200 X HAZARD 1 PCT ANNUAL CHANCE FLOOD 0.1603 3000 AE HAZARD 1 PCT ANNUAL CHANCE FLOOD 0.4252 3300 AE HAZARD 0.2 PCT ANNUAL CHANCE FLOOD 0.7043 3300 X HAZARD Page 3 of 26 Note that the actual impact area will not include 100% of each lot. The project impacts were grouped by location and are mapped in Sheet 9A -9F. The project proposes placing up to 170,000 cubic yards of fill across up to 34.72 acres within the PA. Of this proposed volume, up to 152,000 cubic yards will be placed within up to 25.63 acres of floodplains (FEMA 100 Year, Zone AE). The fill volume was estimated to document fill to one foot above the known base flood elevations. The actual volume and acreages impacted will be dependent on the final assessed needs for development, although a full buildout is assumed to take place for the purposes of this assessment. No fill' will be placed within 75 feet of the top of bank of the Willamette River, therefore Critical Habitat (and associated PCE's) and Essential Fish Habitat within the Willamette River will be completely avoided. "Local jurisdictions have plans to build a trail corridor through the landward edge of this 75 foot buffer while avoiding designated Critical Habitat impacts. Permanent and temporary impacts 1 PCT ANNUAL CHANCE FLOOD 3.1379 3100 AE HAZARD 3100 AE FLOODWAY 0.2200 0.2 PCT ANNUAL CHANCE FLOOD 1.5871 3100 X HAZARD 1 PCT ANNUAL CHANCE FLOOD 7.1486 3800 AE HAZARD 3800 AE FLOODWAY 2.0037 3800 X AREA OF MINIMAL FLOOD HAZARD 0.5534 0.2 PCT ANNUAL CHANCE FLOOD 0.0292 3800 X HAZARD 0.2 PCT ANNUAL CHANCE FLOOD 0.3032 3800 X HAZARD 0.2 PCT ANNUAL CHANCE FLOOD 0.0031 3800 X HAZARD 3800 X AREA OF MINIMAL FLOOD HAZARD <0.0001 1 PCT ANNUAL CHANCE FLOOD 0.0052 1700 AE HAZARD 0.2 PCT ANNUAL CHANCE FLOOD 0.3328 1700 X HAZARD 0.2 PCT ANNUAL CHANCE FLOOD 0.6166 1800 X HAZARD 1 PCT ANNUAL CHANCE FLOOD 0.7299 1500 AE HAZARD 0.2 PCT ANNUAL CHANCE FLOOD 0.5215 1500 X HAZARD Note that the actual impact area will not include 100% of each lot. The project impacts were grouped by location and are mapped in Sheet 9A -9F. The project proposes placing up to 170,000 cubic yards of fill across up to 34.72 acres within the PA. Of this proposed volume, up to 152,000 cubic yards will be placed within up to 25.63 acres of floodplains (FEMA 100 Year, Zone AE). The fill volume was estimated to document fill to one foot above the known base flood elevations. The actual volume and acreages impacted will be dependent on the final assessed needs for development, although a full buildout is assumed to take place for the purposes of this assessment. No fill' will be placed within 75 feet of the top of bank of the Willamette River, therefore Critical Habitat (and associated PCE's) and Essential Fish Habitat within the Willamette River will be completely avoided. "Local jurisdictions have plans to build a trail corridor through the landward edge of this 75 foot buffer while avoiding designated Critical Habitat impacts. Permanent and temporary impacts 6/3 =15 elnlogiml A vicermml rorwildlae laid Co. r Glmw , Ompn Approximately 26.63 acres of floodplains are proposed to be filled within the PA. The fill will be clean materials acquired from a local source and appropriate for any allowable zoned uses. Given a substantial portion of the site will be necessary for stormwater treatment there may be a need to reduce the fill footprint to accommodate these features if treatment cannot be provided within local setbacks. Types of materials (e.g., gravel, silt, clay, etc.) Primary fill will be a combination of silty clay loam, river rock and other native materials. A locally quarried base rock will be necessary to accommodate development and associated infrastructure. How the project will be accomplished (i.e., describe construction methods, equipment, site access) There are currently several upland access points to the separate lots from the west along Franklin Boulevard. Fill will be transferred with various sized dump trucks and placed for graders and bulldozers. Tracked excavators will provide for onsite stormwater feature excavation. Staging will occur within impacted uplands on lots 3200 and 3100. Silt fences and other best management practices wilt demarcate the fill boundary to minimize impacts outside of the fill footprints. Changes that the project may make to the hydraulic and hydrologic characteristics (e.g., general direction of stream and surface water flow, estimated winter and summer flow volumes.) of the waters of the state, and an explanation of measures taken to avoid or minimize any adverse effects of those changes. Significant changes to hydrologic characteristics are not expected. The project footprint will avoid work -Within the waters of this state and u:$` Proposed fill will not be placed within 75 feet of the top of bank, and a minimum amount of fill will be used to mise the surface to one foot above the adopted base flood elevations. If development is found to necessitate a smaller footprint, then the fill reduction will be prioritized in areas closest to the Willamette River whenever practicable. Surface sheet flow will be altered by the placement of fill and grading of fill to accommodate stormwater treatment features onsite. Outside of the fill footprint, hydrologic and hydraulic changes will be negligible, including within the hyporheic zone. Modeled current and future flow rates provided evidence that fill wouldn't increase or decrease average water velocities significantly(<=0.2 feel/second increase in velocities) within any portion of the Willamette River during a 100 year flood event (WSE 2015). Given that there is no fill proposed within the floodway, flow will not be significantly changed in terms of volume or velocity after fill is placed. Currently, a 100 year flood event would provide an estimated 0.0-8.1 feet of surface water across the PA in locations proposed for fill (WSE, 2015). For a 100 year flood event, the deepest surface water is modeled in the southern part of the PA adjacent the top of bank. Fill will be Page 5 of 26 placed parallel with current flows and will not create areas with an increased risk of fish isolation during Floodwater subsidence. III. Action Area (AA) and Project Area (PA) The "Project Area' consists of the immediate area of impact, staging and access areas. The PA is mapped in several Sheets within Appendix A. The Action Area (AA) includes all areas potentially affected directly or indirectly by the activity and not merely the immediate area involved in the action. This includes any areas with species potentially affected by noise associated with construction equipment, those areas downstream of a discharge point or and those areas potentially affected by floodplain storage loss. The Project Area has a varied history where most of the area has been used as an industrial source of sand and gravel since 1945 (Wildish Land Co.[online)). Sheet 7C shows the operation most clearly affecting lots 3000, 3100, 3200 3300 and 3800. e 1948: Looking east over portions of lots 3200, 3300 and Photo courtesy of Wildish Land Company. Since 1948 the Willamette River has become more channelized with a more linear bank along the eastern project area boundary. After sand and gravel extraction along this river reach, the area was backfilled creating a steep and linear left bank. Current conditions on the site are resultant from current industrial uses. Temporary stockpiles and the use of the site as training for heavy equipment operators has precluded establishment of significant native vegetation outside the river's edge. Several photographs were taken to document the weedy vegetation and industrial nature of a site filled after gravel operations ceased. Current uses preclude the establishment of significant native vegetative communities and historic activities have precluded establishment of many of the Primary Constituent Elements which support native listed species which use the Willamette River. Ground photos are included as Appendix B to support the habitat types and current uses within the PA. Zf KJM VEGETATION BiologicalAso =t ror WildiA Und Co. /Utm od, Oregon Current Vegetation within the PA was categorized into several habitat types. After analyzing all current and historical data related to the site, boundaries were delimited to aid in assigning habitat value to each habitat type (Sheet 8A -8F). The PA was divided into four habitat types as described below., A.) Industrial and Commercial Fill- All areas which are currently impacted by significant fill and don't have significant riparian vegetation, and those areas consisting of gravel parking and/or current structures. Approximately 37.26 acres of the PA was mapped as this habitat type. Vegetation in this habitat type is best described as weedy and/or barren. Weedy areas within this habitat type are dominated by Daucus carota, Plantago lanceolata, Circium spp., Sonchus asper, Cytisus scoparius, Rubus armeniacus, Dipsacus sylvestris, Panicum sp., Geranium spp., Hypochaeris radicata, and Foeniculum vulgare. Soils are regularly disturbed or have been disturbed recently enough to negatively impact vegetative cover. Structures, concrete loading areas, gravel roads and both native and non-native fills are common in this habitat type. Soils could be penetrated to 3" or less in most locations due to rock material. The soils in these areas are typically well drained unless compaction by heavy machinery has introduced a Hardpan. This habitat type provides water storage to the base flood elevations but provides limited functionality for other ecological functions due to the limited vegetation. B.) Vacant Cleared Field- All areas which are currently seasonally mowed without significant riparian vegetation or obvious significant fill. Approximately 7.54 acres of the PA was mapped as this habitat type. Dominant vegetation in this habitat type is Daucus carota, Plantago lanceolate, Circium sp., Hypochaeris radicals and Geranium molle. These areas would be best described as weedy fort fields, as they appear to be dominated by weedy species of forbs as opposed to grasses. Soils in this habitat type are clay loam- silty clay loam with variable degrees of days and small cobbles. Soils could be penetrated 12" or more in most locations. This habitat type has apparent historic Till and abuts significant development. In the case of lot 2800, the Vacant Cleared Field west of the Riparian Edge is bordered by-iwu mobile home parks and Franklin Boulevard. In the case of lot 3800, Vacant Cleared Field is bordered by industrial fill on three sides and Franklin boulevard upslope. Lots 1700 and 1800 are contiguous with lot 2800 and share the same vegetative characteristics. Lot 1500 is very similar to lot 2800 except it lacks adjacency to the Willamette River. This habitat type provides water storage to the base flood elevations but provides limited functionality for other ecological functions due to the limited native vegetation. C.) Riparian Edge- The area directly adjacent the Willamette River which is currently dominated by riparian vegetation (including canopy edge) extending to the eastern lot lines. Riparian vegetation dominance was established when greater than 50 percent of relative vegetative cover met was facultative or wetter based on the Army Corps of Engineers Wetland Plant List (Lichvar, 2013) Approximately 2.03 acres of the PA was mapped as this habitat type'. Dominant vegetation within the Riparian Edge include Populus balsamifera, Fraxinus latifolia, Salix spp., Alnus rhombifolia, Cornus sericea, Acer macrophyllum, Robina pseudoacacia, Sp/rea douglasif and Carex obnupta. The mean slope within the Riparian Edge was calculated to be 149% (0.67HA V). This habitat type provides limited ecological function due to patch size and Page 7 of 26 connectivity to similar habitats, although it provides many of the primary constituent elements required for listed species known to use the reach abutting the PA. The Riparian edge maintains the only PCE's within the Critical Habitat (50 CFR 226.212). The Riparian Edge, in particular the area between top of bank and the river, is the most significant habitat which could potentially benefit listed species within this reach of the Willamette River. Given the historic uses of the lots, the current conditions on the lots and lack of interaction between the Willamette River and the PA it is anticipated that the extent of potential riparian vegetation would be reasonably coincident if the site were left unmanaged. Riparian vegetation has established at least partially in historic backfill within lots 3100, 3200 and 3800 (all southern lots abutting the Willamette River). Riparian vegetation within lot 2800 appears to be a remnant of natural historic conditions, maintaining a bench of significant native vegetation which provides potential refugia for listed species. Of all the habitats boundaries delimited. the "Riparian Edge" D.) Forested Upland- All significant forested areas which don't meet the riparian criteria described above. Widely spaced individual trees weren't mapped. Approximately 1.34 acres of the PA was mapped as this habitat type. Vegetation in this habitat type was dominated by Pseudotsuga menziesli and Acer macrophyllum. This habitat type was located along the top of bank of the Willamette River, the eastern edge of lot 1500 and along steep grades created by Franklin Boulevard and the railroad. This habitat type borders industrial fill in most instances and likely has established in this fill footprint. This habitat type provides unique functions which could be indirectly related to primary constituent habitat elements such as water quality. The site specific locations of this habitat type provides negligible benefit to current listed species and their habitat. The four habitat types described above were mapped as Sheet 8A -8F. *It should be noted that areas at or below the "Line of Ordinary High Water' (OHW), as defined In ORS 274.005(8) are _.--State owned unless-sperific historical circumstances apply, _0HVv was measured for the _.. _. purposes of this report and lies within the Riparian Edge habitat type along all reaches. TOPOGRAPHY In general, the Willamette Valley landscape within the PA is very gently sloping towards the Willamette River. The topography of the PA is variable based on the industrial excavation and fill activities which have created the current conditions. The most prominent topographical break along these valley flats is at the edge of the Willamette River. Slopes at the rivers edge are occasionally 300 percent or steeper from the top of bank to the ordinary high water and have been artificially created by historic industrial backfill from sand and gravel operations. Topography was evaluated using high definition UDAR acquired in 2008 by the Oregon Department of Geology and Mineral Industries (DOGAMI). LIDAR was used to map the site and help determine the effects of fill proposed in this assessment. HYDROLOGY Please see the attached Memorandum from 'Watershed Science & Engineering regarding flood modeling and effects of fill on flood events. Current hydrology within the PA is provided mostly by N W015 Biniogiral �[f Wildish lend tro./Glenwood, Qegon direct precipitation and stormwater runoff from roads and historic buildings; an exception to this is along the lowest topographical positions abutting the Willamette River where high water events (=every 2 years) temporarily inundate relatively small portions of the PA. These areas are fairly accurately represented by the current FEMA floodway depicted on Sheet 5, Some areas within the PA likely have water tables perched on impervious layers, although the primary soil types in the PA are fill. Flood and ordinary high water provide hydrology abutting the Willamette River and likely flood the gravel haul road at the southern terminus of lot 3800. The location of volcanic materials (DOGAMI, 2009) may partially constrain channel migration at the upstream end of the PA as noted in the next text section. Sheet 4 shows a mapped wetland (WR -7) near the southwest corner of lot 3800 which drains towards the PA. This feature drains to the Willamette River after being culverted beneath a railroad grade and then beneath the PA. SOILS AND GEOLOGY Soils found onsite were functionally similar to those mapped onsite (NRCS) where fill was absent, although profile descriptions varied widely from those described in the Map Unit descriptions. Soil profiles have been highly altered across the majority of the PA due to sand and gravel operations. For instance, Map unit 114 indicates more than 9 aces of the hydric soil "Riverwash" is located within lots 3200 and 3300. This is likely based on historic extracted materials which have been since replaced by fill. Oregon Department of Geology and Mineral Industries (DOGAMI, 2009) has mapped two primary formations within the PA. Meander -belt alluvium are mapped across more than 95% of the PA and volcanic/volcaniclasfic rocks are mapped within the remainder of the PA along the southern end of lot 3800. A summary of PA soils is listed below: MU# MU Name Hyd Class Acres W Water NA 0.1878 97 Newberg -Urban land.em?IAx -----_. _.. __,.. ... _Not hydric- ....._.13.4644 95 Newberg fine sandy loam Not hydric 6.9759 22 Camas gravelly sandy loam, occasionally flooded Partially hydric 5.6133 23 Camas -Urban land complex Not hydric 8.7156 114 Riverwash All hydric 9.6699 99H Ochrepts and Umbrepts, very steep Not hydric 3.4206 43E Dixonville-Philomath-Hazalair complex, 12 to 35 percent slo s Not hydric 0.1229 IV. Species, Critical Habitat and Essential Fish Habitat Considered Information relating to the following species descriptions and potential habitats was obtained from a variety of sources including an Oregon Biodiversity Information Center (ORBIC) data request, on-site investigations, review of current and previous studies of the greater PA, and life history Page 9 of 26 and habitat accounts of the rare species of concern. Sources also include personal communications with Oregon Department of Fish and Wildlife (ODFW), USFWS ( and the National Oceanic and Atmospheric Administration (NOAH). Fish species accounts, unless otherwise cited, were referenced from ODFW personal communications and USFWS online species accounts. Table 1. Oregon Biodiversity Information Center List of Rare, Threatened or ,Endangered Species within a two mile radius (with state orfederal designation) OTHER Common Scientific Category Federal State Habitat Requirements/ Name Name Use (USFWS, 2014 Online) Status Status Use Bull trout Salvelinus Vertebrate LT SC Clean and mid water. (Willamette Spotter/ owl con0uentus Animal mature/old-growth stands with dense closed Connectivity and complexity SMU) canopy. (USFWS 2010 online Chinook Oncorhynchus Vertebrate LT SC Variable due to multiple fife salmon tshawytscha Animal stage requirements. Use (Upper large river systems to access W ilamette appropriate spawning. River ESU, Necessitate access from sea spring run) hos avenin areas. Oregon Oregonichthys Vertebrate Delisted SC Slow moving, relatively chub cmmen Animal warmer water in off channel habitat Bans 2013 Painted Chrysemys pitta Vertebrate SC Slow moving aquatic habiats turtle Animal with basking areas. Nesting typically on sparsely vegetated areas. Purple Progne suhis Vertebrate SOC SC Open areas, more often near martin Animal water in colonies Townsend's Corynominus Vertebrate SOC SC Roosts in caves, cliffs, under. bg-eared townsendii Animal bridges but western Actinenrys Vertebrate SOC SC Slow moving aquatic habitats. pond balls marmoz'a-. Animal _ _ Noslingwh lcsl:mg art - typically on sparsely vegetated south and flat facing slopes. Sale for nesting can be compact. SPECIES CONSIDERED Table 2. USFWS Listed Species of Lane County" which haven't been documented within a Two Mile Radius of the PA (based On ORBIC Database Search). Common Scientific Name Federal Habitat Requirements/ Suitable Name, Status Use (USFWS, 2014 Online) Habitat in PA? Northern Slrix occidentalis Threatened Generally No Spotter/ owl courina mature/old-growth stands with dense closed canopy. 6 0015 aiologuul Aaseeamml for Wildish IoW fro./ Olmmod, Oa an Streaked Eremophila ThreatenedContiguous open space void of Unlikely due Horned lark a/pestris sMgata trees and shrubs. Generally site to current use occurs in areas 300 acres and and larger. Uses and largest contiguous acreage within PA Yellow -Billed Coccyzus Threatened Dense willow/cottonwood stands No Cuckoo americanus in river floodplains. Bradshaw's Lomaffum Endangered Seasonally flooded prairies with No desert -parsley bradshawii heavy clay soils creating a perched water table. Kincaid's Lupinus Threatened Dry native prairie and near Unlikely due Lupine sulphureus serpentine outcrops. to current land Uses and weedy species dominance Nelson's Sidalcea Threatened Within wetlands and along No checker -mallow nelsoniana streams. Most common in swales with Fra dnus latifolia. Water howellia Howellia aquah'lis Threatened Small ponds and vernal pool No, wetlands. Willamette Erigeron Endangered Alluvial soils on specific soil Unlikely due daisy decumbens var. series, primarily bottomland. to current decumbens land Usps and .woody.. species dominance Fender's Blue /caricia icarioides Endangered Native upland prairie dependent. Unlikely due butterfly fender/ Relies on three lupine species for to current primary larval food source. Uses land several nectar plants native to Uses and Southern Willamette Valley, weedy species dominance 4/SFS2014 Species of focal consideration based on agency input (Ziller, ODFW and Gall, FEMA, December 2014) Chinook Salmon (Spring run) and Critical Habltat/EFH Federal: Threatened State: SC Oncorhynchus tshawytscha is an anadramous salmonid which uses fresh, brackish and saline habitats during its lifetime. Chinook salmon typically use lower reaches of rivers and streams Page 11 of 26 where waters are brackish for extended periods before migrating to spawning grounds and before entering the ocean as a juvenile. Chinook salmon use spawning grounds with larger gravel/cobbles compared to other salmonids species. Given the various life stages for Chinook salmon, it is likely thatjuveniles and possibly other age groups will be present in Riparian the PA year-round where they may use on channel habitat Low summer water levels through the PA typically constrain river flows to outside the PA. Essential Fish Habitat is considered to be the main stem, of the Willamette River to ordinary high water and on channel habitat within the PA. Steelhead (Winter run) and EFH Federal: Threatened State: SC Oncorhynchus mykiss is an anadramous salmonid which uses fresh, brackish and saline habitats during its lifetime. After hatching, Steelhead remain in fresh water for up to seven years at which point they enter the ocean. The Steelhead's counterpart, Rainbow trout, remain in freshwater throughout their lifetime. Steelhead return to spawn at natal sites up to three years later and, unlike many other salmonids, have the ability to spawn multiple times (ileroparty). Steelhead in the Willamette River don't have Critical Habitat designated within this reach, although they are assumed to use the reach abutting the PA. Steelhead use spawning grounds with coarse gravel/cobbles. Given the various life stages for Steelhead, it is likely that juveniles and possibly other age groups will be present in the PA year-round. Low summer water levels through the PA typically constrain river flows to outside the PA. Essential Fish Habitat is considered to be the main stem of the Willamette River to ordinary high water and on channel habitat within the PA. Bull Trout (Willamette SMU) and Critical HabitaUEFH Federal: Threatened State: SC Salvelinus confluentus is a native char which has been described as needing cold water, clean gravel, stable riverine habitat and complex cover types (USFWS 2010 (online]); it is clear that the action area and small on channel habitat within the PA meet at least some of the basic criteria suggesting Bull trout year-round use. Low summer water levels through the PA typically constrain river flows to outside the PA. Essential Fish Habitat is considered to be the main stem of the Willamette River to ordinary high water and on channel habitat within the PA. Oregon Chub Federal: Delisted State: SC Oregonichthys cramed is a native minnow endemic to the Willamette Valley in Oregon. This freshwater species most commonly uses off channel habitats which have relatively warm and slow waters. Habitat for Oregon chub is typically less than six feet deep and temperatures rise above 60°F. During winter months individuals use dense vegetation and often bury beneath detritus. There are several features just upstream of the PA which meet these criteria, but no features within the PA provide these requirements during the summer or winter months. It is likely that Oregon chub use waters within the PA incidentally. Low summer water levels through the PA typically constrain river flows to outside the PA. V. Effects Analysis Potential direct, indirect, interrelated, interdependent, and cumulative effects of the proposed action on the following species, critical habitat and floodplain habitat are summarized below. No portion of this project is anticipated to impact entire populations of any species identified within this document. Determinations for EFH are also listed below. dw 015 eioiog� aSoww tfor wadi� end co. i Glen wood. Ompo Bald Eagle & Hallaeetus leucocephalus & Golden Eagle Aquila chrysaetos Due to the habitat types found within the PA, and in consideration of known eagle use in the southern Willamette Valley, impact to nesting, roosting and foraging sites for the Bald eagle and Golden eagle is considered avoidable. There are no known nest sites within two miles of the project site (ORBIC 2013). The impact proposed falls most closely within Category B of the National Bald Eagle Management Guidelines (USFWS, 2007). Using the most conservative recommendations within these guidelines, a 660 foot activity buffer distance is consistent with the proposed fill. The impacts within this project scope are also consistent with the recommendations for avoiding disturbance at foraging areas and communal roost sites. Given that the PA will support a 75 foot setback from the top of bank where no fill will be placed, this riparian zone has the potential to recruit large riparian trees which may support roosting and foraging activities of Bald eagles. There are no circumstances which can reasonably be expected to occur within the scope of this project which would negatively affect Bald or Golden eagles; any change in occupancy will necessitate following the guidelines (USFWS, 2007) accordingly. Chinook Salmon (Spring run) and Critical Habitat/EFH Federal: Threatened State: SC Oncorhynchus tshawytscha The proposed fill doesn't have a significant measurable effect on different life stages of Chinook salmon within the PA and AA. Of all the habitats boundaries delimited, the "Riparian Edge' contains the only PCE's applicable to Critical Habitat established under 50 CFR 226.212. Specifically, there are no areas within the Ordinary High Water Line, the bankfull (Modeled 2 year recurrence interval- WSE, 2015) or within 75 feet of the these features which will be. impacted by the proposed fill. The remainder of the PA doesn't maintain habitat with appropriate PCE's nor is it designated as Critical Habitat. The areas which this species uses will be conservatively avoided-, and all habitarrfoatures within the protectedarea(75 foot from top of bank) provide -Breen most substantial measurable benefit to the species (thermal regulation, cover, food web inputs). Proper stormwater treatment and erosion control will provide assurances that water quality will not be affected. The habitat proposed for fill within the affected floodplain doesn't provide suitable refugia, substantial native vegetation or natural fish egress after floods. There are no PCE's within the proposed fill footprint. Given that designated Critical Habitat is completely avoided, there are no remaining Primary Constituent Elements impacted by the fill. The proposal indicates 0.91 acres of upland forest impact due to the proposed fill footprint. This is the only native habitat type proposed to be impacted and isn't located within designated Critical Habitat. Fish aren't expected to benefit from these forested areas during 100 year flood events due to site topography which indicates potential fish entrapment. There is some indication that proposed fill may alleviate the potential to isolate this species after flood events in parts of the PA. During significant flood events there is the potential for Chinook salmon to use degraded floodplains within the PA, although on-site investigations indicate that Page 13 of 26 the areas within the PA which benefit Chinook salmon during a flood event would likely be restricted to the southern terminus of lot 3800 (outside the proposed fill footprint). Fish use of the current floodplain within other portions of the PA could isolate individuals when floodwaters receded after a 30-100 year flood event. There are no planned projects which would directly impact Critical Habitat in the future as a result of property development. Steelhead (Spring run) and EFH Federal: Threatened Stale: SC Oncorhynchus mykiss The habitat proposed for fill within the affected floodplain doesn't provide suitable refugia, substantial native vegetation or natural fish egress after floods. There are no Primary Constituent Elements impacted by the fill given that designated Critical Habitat is completely avoided. The proposed fill doesn't have a significant measurable effect on different life stages of Steelhead within the PA and AA. Of all the habitats boundaries delimited, the "Riparian Edge" contains the only PCE's applicable to Critical Habitat established under 50 CFR 226.212. Specifically, there are no areas within the Ordinary High Water Line, the bankfull (Modeled 2 year recurrence interval- WSE, 2015) or within 75 feet of the these features which will be impacted by the proposed fill. The remainder of the PA doesn't maintain habitat with appropriate PCE's nor is it designated as Critical Habitat. The areas which this species uses will be conservatively avoided, and all habitat features within the protected area (75 foot from top of bank) provide the most substantial measurable benefit to the species (thermal regulation, cover, food web inputs). Proper stormwater treatment and erosion control will provide assurances that water quality will not be affected. The proposal indicates 0.91 acres of upland forest impact due to the proposed fill footprint. This is the only native habitat type proposed to be impacted and isn't located within designated Critical Habitat. Fish aren't expected to benefit from these forested areas during 100 year flood events due to site topography which indicates potential fish entrapment. There is some indication that proposed fill ma,,. alleviate the potential to isolate this species after flood events in parts of the PA. During significant flood events there is the potential for Steelhead to use degraded floodplains within the PA, although on-site investigations indicate that the areas within the PA which benefit Steelhead during a flood event would likely be restricted to the southern terminus of lot 3800 (outside the proposed fill footprint). Fish use of the current floodplain within other portions of the PA could isolate individuals when floodwaters receded after a 30-100 year flood event. There are no planned projects which would directly impact Critical Habitat in the future as a result of property development. Bull Trout (Willamette SMU) and Critical HabitatlEFH Federal: Threatened State: SC Salvelinuscconfluentus The proposed fill doesn't have a significant measurable effect on different life stages of Bull Trout within the PA and AA. Of all the habitats boundaries delimited, the "Riparian Edge" contains the only PCE's applicable to Critical Habitat established under 50 CFR 226.212. Specifically, there are no areas within the Ordinary High Water Line, the bankfull (Modeled 2 year recurrence interval- WSE, 2015) or within 75 feet of the these features which will be impacted by the proposed fill. The remainder of the PA doesn't maintain habitat with appropriate PCE's nor is it Attachment 5 AGREEMENT Date: November 19, 2021 Between: ("Parties') Wildish Land Co. ("Wildish") 3600 Wildish Ln. P.O. Box 40310 Eugene, OR 97408 Eugene Water and Electric Board ("EWEB") P.O. Box 10148 Eugene, OR 97440-2148 Owner of Real Property located at Map Number 18-03-0220, Tax Lot 3300 Owner of Real Property located at Map Number 18-03-0232, Tax Lot 3800 WHEREAS, Wildish sold a portion of its Tax Lot 3800 to EWEB ("EWEB parcel") subsequent to receiving a CLOMR-F Determination on approximately 36 acres of its property, including the EWEB parcel. WHEREAS, Wildish is nearly complete in raising the elevation of its property subject to the CLOMR-F Determination. WHEREAS, EWEB has determined that it is in its best interest forthe EWEB parcel to remain a part ofthe CLOMR- F Determination. WHEREAS, The EWEB parcel requires approximately 7,250 cubic yards (or more depending upon the setback determination) of fill materials to meet the requirements of the CLOMR-F Determination. NOW THEREFORE, Wildish and EWER agree as follows: 1. Fill MateYials Wildish will provide at no cost to EWEB approximately 7,250 cubic yards (or more depending upon the setback determination) of clean construction fill materials placed within Tax Lot 3800. Fill placement will be limited to the approved area situated between the 150 -foot Greenway Overlay District Boundary and the Railroad Right -of -Way. In accordance with the City of Springfield Land and Drainage Alteration Permit, all fill shall be clean material and shall be devoid of hazardous materials or other waste such as used asphalt and/or concrete. 2. Grading and Sloping Wildish will complete all grading and sloping in accordance with the CLOMR-F at no cost to EWEB. Wildish will permanently stabilize the fill material through compaction with heavy equipment during fill placement and grading. 3. Temporary Stabilization Wildish will provide temporary stabilization, as needed, at no cost to EWEB. The fill is anticipated to be primarily granular material with a low potential for water or wind erosion. Temporary stabilization may include bio -berms, silt fencing, mulching, covering, and/or hydro -seeding. 4. Fencing Ata mutually agreeable time, (but not later than the development of either the W ildish or E W EB adjoining parcels), EW EB, at no cost to Wildish, will install a fence and gate to separate the adjoining parcels. The parties shall mutually agree upon the design and materials used in construction of the fence and gate. EUGENE WATER R ELECTRIC BOARD Name: Wally McCullough Title: Water Engineering Supervisor SignatureMany Digitally signed yWa y Date: Mcrw p McCullough Date: 2021.12.01 Ug h 14:40:17-08'00' WILDISH LAND CO. SPRINGFIELD TYPE 1 FLOODPLAIN OVERLAY DISTRICT, STAFF REPORT & DECISION It Project Name: Wildish Land Co. Floodplain Overlay Project Proposal: Applicant proposes to fill approximately 25.6 acres of floodplain, over air indeterminate period of time, in accordance with a CLOMR-F issued by FEMA f \,Nr'U'Vk g. �Aft Case Number: TYP115-00039 Project Location: 4851-5001 Franklin Boulevard Assessor's Map: 18-03-02-20, TL 3000-3300 & 18-03-02-32, TL 3800 Zoning: Employment Mixed -Use Refinement Plan: Glenwood Refinenrenl Plim Refinement Plan Designation: Employment Mixed -Use Application Submitted Dale: September 22, 2015 Decision leaned Date: October 29, 2015 Appeal Deadline Date: None (SDC 5.1-125) Associated Applications: None APPLICANT'S DEVELOPMENT REVIEW TEAM Owner/Applicant: Randy Hledik Wildish Land Co. P.O. Box 40310 Eugene, OR 97404 OwnerlApplicant: Tim O'Dell Eugene Water & Electric Board P.O. Box 10148 Eugene, OR 97440-2148 CITY OF SPRINGFIELD'S DEVELOPMENT REVIEW TEAM Project Surveyor: Jonathan Oakes, PLS Poage Engineering & Surveying P.O. Box 2527 Eugene, OR 97402 POSITION REVIEW OF NAME PHONE Project Manager PlanningAnd Limbird 541-726-3784 Trans rtation PlanningEngineer Transportation Michael 1, ler 541-736-1034 Public Works Engineer Utilities Clayton McEachern 1 541-736-1036 Public Works Engineer _ Sanitar &Storm Sower Cla on McEachern 541-736-1036 Deputy Fire Marshal Fire and Life Saf Gilbert Gordon 541-726-2293 Building Official Building David Bowisby 1 541-736-1029 TYPI 15-00039 Floodplain Overlay District Page I of 12 DECISION: Approval, subject to the conditions of approval contained herein and summarized on Page 12 of this decision. OTHER USES AUTHORIZED BY THE DECISION: None. Future development will be in accordance with the provisions of the Springfield Development Code (SDC) and all applicable local, state and federal regulations. REVIEW PROCESS: This application is reviewed under Type I procedures listed in SDC 5.1-125 and the Floodplain Overlay District (FPO), SDC Section 3.3-400. The properly proposed for floodplain development is the mostly vacant W ildish property along the west bank of the Willamette River in Glenwood. The properties that are affected by this request are municipally addressed as 4851, 4857 & 5001 Franklin Boulevard (Assessor's Map 18-03-02-20, Tex Lots 3000.3300; and Map I8-03-02-32, Tax Lot 3800). The subject site contains approximately 42.7 acres and the applicant is proposing to fill about 25.6 acres to elevate the property out of the food hazard area. A Conditional Letter of Map Revision bored on Fill (CLOMR- F) was issued for the property by the Federal Emergency Management Agency (FEMA) on September 15, 2015. The property is almost entirely within the mapped flood hazard area of the Willamette River according to FEMA Flood insurance Rate Mapping (see Diagram 1). Wment Area Map 41039C1 142F Map 41039C1 144F TYPI 15400039 Floodplain Overlay District Page 2 of 12 The Federal Emergency Management Agency (FEMA) flood mapping for the subject property (FIRM Maps 41039CI 142F and 41039CI 144F, dated June 2, 1999 —see Diagram 1 shove) identifies the site as being almost entirely within flood hazard Zone AE. According to the adopted FEMA mapping, the established base flood elevations range from —450 fee[ at the southern end of the property to -443.8 feet at the northern end of the property. In accordance with requirements of the Building Code and SDC 3.3-420.B2.a, the finished floor elevation of any future buildings on the site must be elevated at least one foot (12 inches) above the base flood elevation. The applicant is proposing to fill the majority of the site over an extended period of time to bring the property out of the flood hazard area pursuant to provisions of the CLOMR-F issued by FEMA. APPLICABLE STANDARDS AND CRITERIA The applicant is seeking City approval for importation of fill materials to cover approximately 25.6 acres of currently vacant property. The proposed filling will bring the site out of the mapped flood hazard area of the Willamette River thereby facilitating future land use and development approvals. According to the applicant's submittal, the finished elevation of die filled property will be at least 12 -inches above the calculated base flood elevation. In accordance with SAC 3.3-410, the regulations of Section 3.3-400 apply to all areas of special flood heard within the City and its udianizeble area. Where the regulations and permitted uses of an underlying district conflict with those of an overlay district, the more restrictive standards shall apply. Finding 1: Arras of special food hazard are defined in SDC 6.1-110 as: "The land in the Floodplain subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V." Finding 2: SDC 6.1-110 defines base food as: "The flood having a one percent chance of being equaled or exceeded in my given year. Also referred to as the `100 year flood'. Designation on maps always includes the letters A or V." Finding 3: SDC 3.3-410.11 identifies areas of special flood board as follows: 1. Those areas identified by the Federal Insurance Administration in scientific and engineering reports entitled "THE FLOOD INSURANCE STUDY FOR THE CITY OF SPRINGFIELD, LANE COUNTY, OREGON", dated June 2, 1999 and any revision thereto, and -TBE FLOOD INSURANCE STUDY FOR LANE COUNTY, OREGON, UNINCORPORATED AREAS", dated June 2, 1999 and any revisions thereto, with accompanying Flood Insurance Rate Maps; 2. Areas of special flood hazard designated by the City Engineer as susceptible to inundation of water from arty source where the above•refstenced maps have not identified any special flood areas. Finding 4: SDC 3.3-41 SA slates: "Development proposals within the Floodplain Overlay District (FPO) shall be reviewed under Type I procedure (refer to Section 4.3-145 for siting standards and review process for certain wireless telecommunication facilities). Development approval within the FPO District, including a Land and Drainage Alteration Permit, shall be obtained before construction or development begins within any area of special flood hazard established in Section 3.3410.B. Approval shall be required for all structures, manufactured homes and development as defined in this Code." Finding 5: The subject properly is located within the Glenwood Riverfront and is subject to provisions of the City's adopted plans, policies and regulations, including but not limited to the Glenwood Refinement Plan, the FPO and the Willamette Greenway Overlay District (SDC 3.3-300). The property is zoned and designated Mixed -Use Employment in accordance with the Springfield Zoning Map and the adopted Glenwood Refinement Plan. SDC 3.4-280.0 states trot development is defined as "any activity within the Glenwood Riverfront portion of the Willamette Greenway District that would alterthe elevation of the land; remove or destroy plant life; cause TYPI 15-00039 Floodplain Overlay District Page 3 of 12 structures of any kind to be installed, erected or removed; or result in a measurable impact to the riparian area" (Present eprphosis arlrkA. Finding 6: The property proposed for filling is entirely within the mapped 100 year flood hazard area and the adopted Glenwood Refinement Plar, area; and is partially within the Willamette Greenway Setback, which is defined as the zone within 150 fear of the ordinary low water line of the Willamette River. Because the action of filling the property will cause the elevation of the land to be altered, and portions of the site identified for filling are within 150 feet of the ordinary low water line of the Willamette River, this development is subject to the provisions of SDC Sections 3.3-300,3.3-400 and 3.4-200. SDC 3.3.400 SPECIAL REVIEW PROCEDURES Finding 7: In accordance with SDC 3.3415.11 Special Review Procedures, The Director shall administer this Article in consultation with the Building Official and the City Engineer. They shall: 1. Review all development applications to determine that the application requirements of this Section have been satisfied; 2. Review all development applications to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies far which prior approval is required; 3. Review all development applications to determine if the proposal is located in the floodway. If the proposal is located in the floodway, assure that the encroachment provisions of Section 33-420.0 are met-, 4. When base flood elevation data have not been provided as specified in Section 3.3410.B.1, the City Engineer shall obtain, review and utilize any base flood elevation data and floodway data available from a Federal, State or other source in order to administer this Section. 5. Where base flood elevation data is provided through the Flood Insurance Study or as specified in Subsection B.4., above, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (inhaling basement) of all new or substantially improved stmetures, and whether or not the structure contains a basement; 6. For all new or substantially improved flood -proofed structures: a. Verify and record the actual elevation (in relation to mean sea level); and h. Maintain the flood -proofing certifications required in Section 3.3-420.6.2.a.iii; 7. Maintain for public inspection all records pertaining to the provisions of this Section; 8. Notify adjacent communities and the Division of State Lands prior to arty alteraton or relocation of a watercourse, and submit evidence of this notification to the Federal Insurance Administration; 9. Require that a program of periodic inspection and maintenance be provided with the ahered or relocated portion of a watercourse so that the flood carrying capacity of the watercourse is not diminished; and 10. Make interpretation, where needed, as to exact location of the boundaries of areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). A person contesting the location of the boundary may appeal the interpretation as specified in Section 5.3, IN!, Finding 8: The application was reviewed in consultation with the Building Official and the City Engineer. They have determined that the requirements of this Section have been satisfied. TYP115-00039 Floodplain Overlay District Page 4 of 12 Finding 9: The City Engineer's representatives will review future Land and Drainage Alteration Permits (LDAPs) required for the proposed filling within the flood hazard area. The requirements for LDAP and related permits have been discussed with the applicant through this Floodplain Overlay District submittal and review process. Finding 10: SDC 3.3-415.B,2 states: "Review all development applications to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies for which prior approval is required." Finding 11: In 2009, FEMA was sued by a number of environmental advocacy organizations for violating the Federal Endangered Species Act (ESA) by not adequately protecting certain endangered salmon and steelhead species. Subsequently, FEMA entered into a settlement agreement regarding its management of the National Flood Insurance program (NF1P). This settlement agreement is relevant to land use applications in the City of Springfield because the City is the local agency that implements the NFIP and will impact how the City issues land use approvals for Floodplain Overlay District Permits. Asa result of this settlement agreement, the state Department of Land Conservation and Development (DLCD) has formed a work group to try and come tip with interim and long term strategies and regulations for complying with the settlement agreement. Until the City has more direction from DLCD, floodplain permits will be processed under current regulations and standards with the understanding that terms of the settlement agreement are applicable to the City and applicants. Finding 12: Because the proposed development area is immediately adjacent to the main stem of the Willamette River — an acknowledged salmonid -bearing waterway — the proposed filling could have adverse impacts to sahnunid species and/or habitat. Finding 13: The applicant has prepared and submitted a supporting Biological Assessment, Essential Fish Habitat and Floodplain Habikd Assessment for the property dated January 26, 2015. The Biological Assessment was submitted to FEMA for review along with other supporting information for the CLOMR-F application, The CLOMR-F was issued by FEMA on September 15, 2015; for this reason, staff considers the applicant's Biological Assessment to be deemed acceptable for this development proposal. - Finding 14: SDC 3.3-415.B.3 states: "Review all development applications to determine if the proposal is located in the floodway. If the proposal is located in the floodway, assume that the encroachment provisions of Section 33- 420.0 of this Article me mat." Finding 15: The areas proposed for filling are not located within the floodway identified by FEMA on Maps 41039CI 142F and 41039CI 144F, dated June 2, 1999. Therefore, the floodway encroachment provisions of Section 3.3-420.0 are not applicable. Finding 16: SDC 3.3-415.B.5 states: "Where base floodelevation data is provided through the Flood Insurance Study or as specified in Subsection B.4 of this Section, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or net the structure contains a basement," Finding 17: SDC 3.3-015.8.6 states: "For all new or substantially improved flood -proofed structures: a. Verify and record the actual elevation (in relation to mean sea level); and It. Maintain the flood -proofing certifications required in Section 3.3-420.B.2.a.iii of this Article." Finding 18: The base flood elevation contour at the south end of the subject site is determined to be about 450 feet according to FEMA map sheet 41039CI 144F. There are a series of BFE contours along the stretch of river abutting the subject property, and the northernmost edge of the property has a BFE of about 443.8 feet according to FEMA map sheet 41039CI142F. Finding 19: SDC 3.3-41 S.B.7 states: "Maintain for public inspection all records pertaining to the provisions of this Section." TYP115-00039 Floodplain Overlay District Page 5 of 12 Finding 20: The materials relied upon to create the findings contained within this report comprise part of the record, and are on file with the City's Development & Public Works Department (Case TYP115-00039). Finding 21: SDC 3.3-415.B.8 states: "Notify adjacent communities and the Division of State Lands prior to any alteration or relocation of a watercourse, and submit evidence of this notification to the Federal Insurance Administration." Finding 22: The applicant is not proposing to alter any watercourse. Therefore, this requirement and Section 3.3- 415.B.9 are not applicable. Finding 23: SDC 3.3-015.6.10 states: "Make interpretation, where needed, as to exact location of the boundaries of areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). A person contesting the location of the boundary may appeal the interpretation as specified in Section 5.3-100." Finding 24: The applicant's project narrative addresses the 100 -year floodplain requirements for site development. Finding 25: In accordance with SDC 3.4-280.C, any action that changes the elevation of the land within the Glenwood Riverfront is considered a "development" for the purpose of land use permitting. Additionally, in accordance with SDC 3.4-280.G, any development within 150 feet of the ordinary low water line of the Willamette River (ie. the Willamette Greenway Overlay District area) requires a Type 111 Discretionary Use approval. Finding 26: The applicant's submitted fill plan proposes to place fill within 75 feet of the top of bank, which is within the Willamette Greenway Overlay District area. Placement of fill within this area world require a Type 111 Discretionary Use approval. Comlitiou of Approvnt: I. Prior to issaauce of Land and Drainage Alteration Permits lot' placement of till within 150 feet of the ordinary low water line M the Willamette River, Die applicant shall obtain a Type Ill Discretionmy Use npprovnl for development within lire Willamette Greenway Overlay Disuiet area of the Glen vood Riverfront. Alteruntively,tthe applicant $ball physically demarcate the 1504out-Willamette Greenway setback arra on the subject Property and install protective fencing will other measures ns may be required to prevent the encroachment of fill, machinery, equipment, and related development impacts in the Greenway setback area. SDC 33-420 DEVELOPMENT STANDARDS Finding 27: SBC 3.3-020.A General Standards states: "In all areas of special flood hazard within the City and its urbanizable erne, the following standards shall apply: (a) Anchoring (b) Construction Materials and Methods (c) Utilities (d) Subdivision Proposals (e) Review of Building Permits Finding 28: SDC 3.3420.A.1 Anchorine requires: "All new construction, manufactured homes and substantial improvements subject to less than 18 inches of flood water during a 100 year flood shall be anchored to prevent flotation, collapse or lateral movement of the structure and shall be installed using methods and practices that minimize flood damage." TYPI 15-00039 Floodplain Overlay District Page 6 of 12 Finding 29: The proposed fill area does not constitute an occupied "structure". However, the areas of fill could be subject to erosion and transport by flood waters. Therefore, seas of fill within the flood hazard area will be required to address special flood heard requirements in accordance with SDC 3.3-420.A.1 and this decision. Finding 30: SDC 3.3-420.A.2 Construction Materials and Methods requires: a. All new construction and substantial improvements shalt be constructed with approved materials and utility equipment resistant to flood damage. b. All new construction and substantial improvements shall be constructed using approved methods and practices that minimize flood damage. c. Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated of located to prevent water from entering or accumulating within the components during conditions of flooding." Finding 31: The applicant's LDAP permit submittal will need to address special flood hazard requirements in accordance with SDC 3.3420.A.2 and this decision. Additionally, because the applicant is proposing to place 511 on the property over a prolonged and indeterminate period of time, a valid LDAP will need to be maintained for the life of the fill placement project. Finding 32: SOC 3.3-420.A.3 Utilities requires: a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and c. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding." Finding 33: The applicant is not proposing to install or extend utility lines at this time. Therefore, this requirement is not applicable. Finding34: SDC 3.3-420.AASubdivision Proposals states: a. All subdivision proposals shall be consistent with the need to minimize flood damage; b. All subdivision proposals shall have public utilities and facilities, including, but not limited to: sewer, gas, electrical and water systems located, constructed and maintained to minimize flood damage; c. All subdivision proposals shall have adequate drainage m reduce exposure to flood damage; and d. One hundred -year flood elevation data shall be provided and shown on final and subdivision plats. The boundaries of the 100 -year flood and floodway shall be shown on the final subdivision plat, e. A permanent monument shall be established and maintained on land subdivided, showing the elevation in feet above mean sea level. The location of the monument shall be shown on the final partition map or partition plat; f Where base flood elevation data has not been provided or is not available fiom another authoritative source, it shall be prepared by the applicant's engineer for subdivision proposals and other proposed developments which contain at least 50 lots or 5 acres (whichever is less). TYP115.00039 Floodplain Overlay District Page 7 of 12 Finding 35: The applicant is not proposing to subdivide the property. Therefore, this requirement is not applicable. Finding 36: The applicant will be required to locate utilities on and adjacent to the site prior to installing fill material on the property. In accordance with SDC 3.3-420.A.2.a, any utilities installed to serve the subject properly shall be constructed and floodproofed to minimize flood damage. Finding 37: SDC 3.3-420.A.5 Rcview of Building Permits states: Where base flood elevation data is not available either through the Flood Insurance Study or from another authoritative source, applications for Building Permits including those for manufactured home placement shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness shall include but not be limited to the use of historic data, high water marks, photographs of past flooding, where available. Failure to elevate at least 2 feet above (the exterior) grade in these zones may result in higher insurance rates. This requirement does not apply to manufactured homes in existing Mobile Home Parks and Subdivisions. Finding 38: The applicant is not proposing to construct any occupied structures on the property at this time. Therefore, this requirement is not applicable. Finding 39: The applicant's consulting engineer is recommending a finished elevation of between -451 feet (southern end of Tax Lot 3800) and -444.8 feet (northern end of Tax Lot 3000) for the fill area. Therefore, the requirements of SDC 3.3-420.B.2.a have been met. Finding 40: In accordance with FEMA and the City's LDAP permit requirements, the applicant will be required to certify the finished elevation ofthe proposed fill areas before, during and after placement Coad itions of Apy.. _- _.. 2. 'fire Base Flood Elevation for the site is established as between —450 feet (southern end) and —443.8 feet (nalheru end). To meet the consulting engineer's recnnunendnlions and Iloodprooting requirements, and iu accordance with the CLOMIL-F issued by FEMA, the minimum finished elevation of the development site upon placement of rill shall be bemeen —451 feel (southern end at fax Lot 3800) :Aird —444.8 feel (nm9hei n end of Tax Lot 3000). 3. The applicant's Land and Diniunge Alteration permit shall provide forstabilization and armoring of dm fill meas such that they are reasonably protected against damage and transport by Iloodwatec. 4. The applicant shall maintain it valid Laud and Drainage Alteration Permit for the duration of the till Placement project. SDC 33.420 SPECIFIC STANDARDS Finding 41: SDC 3.3420.B Specific Standards states: In all areas of special flood hazard within the City and its urbanizable area where base flood elevation data has been provided as specified in Sections 3.3-410.A and B or 3.3- 415.B.4, the following provisions are required: I. Residential Construction. a. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to I foot above the base flood elevation. b. Fully enclosed areas below the lowest floor that are subject to flooding arc prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of Flood -waters. Designs for meeting this requirement shall either be certified by an engineer or architect or shall meet or exceed the following minimum criteria: TYPI 15.00039 Floodplain Overlay District Page 8 of 12 i. A minimum of 2 openings of equal size having a total net area of not less than I square inch feu every square foot of enclosed area subject to flooding shall be provided. ii. The bottom of all openings shall be no higher than I foot above grade. iii. Openings shall be located to allow unrestricted cross-flow of flood -waters through the enclosed area from one side to the other. iv. Openings may be equipped with screens, louvers, or other coverings or devices if certified by an engineer or architect, provided that they permit the automatic entry and exit of flood -waters. 2. Nonresidential Construction. e. New construction and substantial improvement of any commercial, industrial or otter nonresidential structure shall have either the lowest floor, including basement, elevated to a level at least I foot above the base flood elevation; ortogether with utility and sanitary facilites shall: i. Be flood -proofed to 1 foot above the base flood level, so that the structure is watertight with walls substantially impermeable to the passage of water; ii. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; iii. Be certified by an engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this Subsection based on their development andlor review of the structural design, specifications and plans. The certifications shall be provided to the Building Official as specified in Section 3.3415.B.6.b. b. Nonresidential structures that are elevated, not flood -proofed, shall meet the same standards for space below the lowest floor as specified in Subsection B. Lb., above. c. Applicants flood -proofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are I foot below the flood -proofed level (e.g, a building constmMed to the base flood level will be rated as 1 foot below that level). 3. Manufactured Homes. a. All manufactured homes that are placed or substantially improved within Zones AI -30, AH and AE shall be elevated on a permanent foundation where the lowest floor of the manufactured home is elevated to a height of 1 foot above the base flood elevation: i. On sites outside of a manufactured home park or subdivision; ii. On sites in a new manufactured home park or subdivision; iii. On sites in an expansion to an existing manufactured home park or subdivision; and iv. On sites within an existing manufactured home park or subdivision and upon which manufactured homes have incurred substantial damage as the result of flood. b. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones At -30, AH or AE that are not subject to the provisions of Subsection a., above shall be elevated so that: TYP115-00039 Floodplain Overlay District Page 9 of 12 i. The lowest floor of the manufactured home is at or above the base flood elevation, or ii. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade. c. Recreational vehicles placed on site within Zones AI -30, AH or AE shall: i. Be on the site for fewer than 180 consecutive days and be fully licensed and ready for highway use; or ii. Satisfy the review procedure of Section 3.3-415. 4. Foundations. Foundations for all new construction, substantial improvements and manufactured homes subject to 18 inches or less of flood water during a 100 -year flood shall be as specified in the Springfield Building Safety Codes. Foundations for all new construction, substantial improvements and manufactured homes not in a Mobile Home Park or Subdivision subject to 18 inches or more of flood water during a 100 - year flood or located within a designated floodway shall be certified by an engineer to meet the following foundation requirements: a. Concrete footings sized for 1000 psf soil pressure unless data to substantiate the use of higher values are submitted; b. Footings shall extend not less than 18 inches below the undisturbed natural grade or engineered fill and in no case less than the frost line depth; and c. Reinforced concrete, reinforced masonry, or other suitably designed supporting systems to resist all vertical and lateral loads which may reasonably occur independently or combined. 5. Streets. a. Adequate provisions shall be made for accessibility during a 100 year flood, to ensure ingress and egress for ordinary and emergency vehicles and services during potential hrture flooding. b. No street or surface of any new street shall be at an elevation of less than 1 foot below the base flood height. Finding 42: The proposed development is not a residential structure or a manufactured home. Therefore, SDC 3.3- 4209.1 & 3 are not applicable. Finding 43: The proposed fill areas will be required to address the applicable Specific Standards in accordance with SDC 3.3-020.11 and this decision. Finding 44: Among other measures, the applicant's surveyor will need to provide confirmation that the finished elevation meets or exceeds the required elevations described in the CLOMR-F for the development site. The Finished elevations range from —451 feet at the south end of the project area to -444.8 feet at the north end of the project area. Finding 45: The applicant is not proposing to construct a public street. Therefore, SDC 33-420.B.5 is not applicable. Finding 46: The area proposed for fill placement is not within the mapped floodway. Therefore, SDC 3.3-420.0 is not applicable. Finding 47: SDC 3.3-420.D F,naoachment states: "The cumulative effect of any proposed development, when combined with all existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point" TYPI15-00039 Floodplain Overlay District Page 10 of 12 Finding 4g: The applicant has addressed the issue of cumulative effects of development and potential effects on the base flood through the CLOMR-F permit issued by FEMA. In accordance with SDC 3.3-420.D, it is not anticipated the proposed filling will increase the water surface elevation of the base flood by more than one foot (12 inches) at any point. Condition of Approval: 5. In accordancewith FEMA mpo ting requirements, line applicant shall provide the City with verification of the finished elevations before, during and after rill placement. SDC 3.3-415 EMERGENCY APPROVAL Finding 49: In accordance will) SDC 3.3-425 Emergency Approval, "the Director may issue development approval, including a Land and Drainage Alteration Permit either orally or in writing." Finding 50: The subject application is not in response to an emergency. Therefore, this Section is not applicable. SDC 3.3-430 VARIANCE PROCEDURES Finding 51: In accordance with SDC 3.3-430 Variance Procedures, "a variance from the provisions of this Section, with respect to the provisions for special flood hazard reduction, shall be processed in accordance with the procedures specified in Section 5.1-135'. Finding 52: No variances are being requested as part of the proposed development. Therefore, SDC 3.3430 is not applicable. SDC 3.3435 POST -FLOOD SUBSTANTIAL DAMAGE PROCEDURES Finding 53: In accordance with SDC 3.3-435 Post -Hood Substantial Damage Procedures. "building inspectors from the Development Services Department shall make pmflood inspections immediately after a flood event to determine damage to structures by the flooding". Finding 54: There are no damaged structures on the subject property and there have not been any notable, recent flood events. Therefoe, the post -Flood inspection provisions of SDC Section 3.3-435 are not applicable to this application. SDC 3.3-440 PERIODIC FLOODPLAIN INSPECTIONS AND ENFORCEMENT ACTIONS Finding 55: SDC 3.3-440 states: "Field staff from the Development & Public Works Department shall make periodic inspections of floodplain meas both within the city limits and outside the city limits, but within the City's urban services area to establish that any activity involving the fill and/or removal of materials within the floodplain is being performed in compliance with an approved Land Drainage and Alteration Permit. The staff shall prepare a field report listing non -complying conditions to be delivered to the Director. Upon receipt of the report, the Director shall proceed with enforcement actions including but not limited to: the issuance of a Stop Work Order; the issuance of a citation; and the commencement of civil legal proceedings." Finding 56: The subject Floodplain Overlay District application is being processed pursuant to a CLOMR-F issued by FEMA and in conjunction with a Land and Drainage Allocation Permit for placement of fill on the property. Approval of a Floodplain Overlay Permit is required prior to initiating site grading and fill placement within the flood hazard area. Additionally, issuance of the LDAP is also dependent upon the applicant satisfactorily addressing the requirements of this Floodplain Overlay District approval. TYPI 15.00039 Floodplain Overlay District Page t I of 12 SDC 3.3-445 LAND AND DRAINAGE ALTERATION PERMITS -- ENFORCEMENT OF REQUIREMENTS AND PENALTIES Finding 57: Prior to any earthwork occurring on the site, the applicant mast obtain various permits including a City LDAP. During the review of the LDAP, City staff will periodically inspect the work to check for compliance with the approved fill plan appended to the CLOMR-F. Finding 58: In accordance with SDC 3.3-445 Land and Diainaee Altamtion Permits — Enforcement of Requirements and Penalties, provisions of this Section shall be enforced through legal proceedings, including but not limited to Municipal or Circuit Court. Conclusion: As conditioned herein, the proposed placement of fill within the Floodplain Overlay District is in accordance with Springfield Development Code Section 3.3-000. SUMMARV OF CONDITIONS OF APPROVAL: 1. Prior to issuance of Land and Drainage Alteration Permits for placement of till within 150 feet of the ordinary low water line of' the Willamette River, the applicant shall obtain a Type III Discretionmy Use approval foo. development within the Willamette Creeoway, Overlay District area of the Glenwood Riverfrunt. Alternalivellb the applicant shall physically deuuu'eate fire 150 -foot Willamette Greenwny setback wren ou the subject properly and install.prQteclive fencing and other mensures n3 may be required fitprevent tile encroachment of fill, nachiney, equipment, and related development ianpacls in the Greenway sethack area. 2. The Rase Flood Elevation torr the site N established as between -450 leer (southern cod) and —443.8 reel (northern end). To meet the consulting engineer's recommendations and Iloodprooling requirements, and in accordance rwitl the CLOMR-F issued by FEMA, the minimmn finished elevation of the development' site upon placement of fill shall be between —451 feet (southern end of Tax Lot 3800) and -444.8 feel (northern end of Tax Lot 3001). 3. The applicau Ps band Drainage Alteration Permit shall provide 1'mstabilization and armoringof the fill areas such that they are reasnaably protected against damage and Iransporl by Iloodw:ders. 4. The applicant shall maintain it valid Land and Drainage Alteration Permit for the duration of the rill placement project. 5. In accordance with FEMA reporting requirements, the applicant sh:dl provide the City with verification of the finished elevations before, during and after fill placeuleul. Questions: Please contact Andy Limbird at (541) 726-3784 or by emailtlinibirdiiAsprineliclJ-_of,[.yill' if you have any questions regarding this process. Prepared by: Andy Limbird Senior Planner TYPI15-00039 Floodplain Overlay District Page 12 of 12 fOBSITE copy ..' itk�k6li i J:.y:M tti AND DRAINAGE ALTERATION PEdMI PUBLIC WORKS DEPARTMENT CITY OF SPRINGFIELD, OREGON Project Name: Wildish Floodplain Fill Address: 5001 Franklin Blvd Status: Eugene, OR 97404 Map & Tax 18-03-02-20/3000, 3100, 3200 Lot: 18-03-02-32/03800 Prepared By: Todd Singleton Public Works Engineering Owner(s): City of Springfield 225 Fifth Street Springfield, OR 97477 (541)726-5931 tsingleton(@ci.springfield.or.us CITY OF5PRINGFIELr PUBLIC WORKS DEPOP•rleDiT Job#: 811-LDP2016-00001 Status: APPROVED Date: March 10, 2016 Applicant: Wildish Land Co. PO Box 40310 Eugene, OR 97404 Owner(s): Same as Applicant 1. Initial LDAP site inspectIon/preconstruc ion meeting is required prior to any ground disturbance. Whenallworkon the site is stabilized and the construction is complete, call for a final inspection of the site. Call (S41) 726.5619 to schedule all inspections. 2. Refer to City of Springfield Municipal Code 8.300 and 8.400 for general requirements 3. A spill kit is to remain on-site for the duration of all construction activities. The spill kit shall, at a minimum, contain absorbent, spill booms, and spill pads. The spill kit Is W be placed in an area where it is easily visible and accessible in case of a spill emergency. 4. The Issuance of th is LDAP permit shall not include the approval of the structural fit i material located benesoothe proposed building footprint. Approval of the placement of structural fill shall be in accordance with the Oregon Structural Specialty Code and approved by the City Building Official. In addition to the Seismic site hazard investigation report for facilities as defined by Oregon Revised Statute, where footings will bear on compacted fill material, the compacted fill shall comply with the provisions of an approved geotechnical/engineer report. 5. All activity authorized under this permit shall be in accordance with the conditions of Floodplain Overlay case number TY P115-00039. 6. Physical copies of all federal, state, and local permits shall be retained on the jobsite and shall be made available to City staff upon request. T All fill placed under this permit shall be in accordance with the CLOMR-F iseuecl on September 15, 2015. Monthly reports shall be submitted to the City of Springfield that includes the amount of fill placed within each cell during the specified date range. 8. All fill shall be clean material and shall be devoid of hazardous materials orather waste such as used asphalt and/or concrete. By signature, I state I have carefully examined the approved permit and do hereby agree to comply with the requirements of the permit and I certify any and all work performed shall be done in accordance with the Ordinances of the City of Springfield, applicable City Standard Specification and Drawings, and the laws of the State of Oregon pertaining to the work described herein. I further certify only contractors and employees who are in compliance with ORS 701.055 will be used for this project. The permitee, for himself, his contractors, and employees, agrees that the approval of the grading permit in no manner presumes or implies the approval or terms of approval of any other future permit required by the City for the site and indemnifies and holds harmless the City regarding any future approval of a future site plan, partition, subdivision, or any other required permit that may cause any work completed in compliance with the grading permit to be altered to conform to the final permit approval and further agrees to save, indemnify and hold harmless the City of Springfield and its representatives from all liabilities, claims and judgments for damages by reason of injury or death to any person or persons, or damage to property from any cause whatsoever while in, upon, or in any way connected with the work covered by this grading permit, and does further agree to defend the city in any claim arising out of or as a result of the work done under this permit. The City may inspect the work site described in this permit at anytime during one-year period following the receipt by the City of notice of completion of the described work and specify, at the City's sole discretion, any additional restoration work required to return the site to a standard acceptable to the City. The permitee will be notified in writing of any work required and will have 30 days from the date of the notice to complete the work. Work not completed at the end of the 30 days will be performed by the City and the costs will be billed to the permitee. I further agree to ensure all required inspections are requested at the proper time, the project placard is readable from the street and the approved permit and set of plans will remain on the site at all times during construction and until removed by the City. Printed Name: Signature: Date: This permit and the placard are to be displayed in a conspicuous location during all construction and are to be removed only by the City of Springfield upon final inspection. Permit Number: 1200-C Expiration Date: December 14, 2,020 Page 1. of 30 GENERAL PERMIT NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM STORMWATER DISCHARGE PERMIT soedo� ao,gra1 Oregon Department of Environmental Quality 811 SW Sixth Avenue, Portland OR 97204 Telephone: (503) 229-5279 or 1-800-452-4011 (toll free in Oregon) Issued pursuant to ORS 468B.050 and Section 402 of the Federal Clean Water Act REGISTERED TO: File No: 124549 Date: Much 30, 2016 Permit No: 31356 Lane County Wildish Land Co. EPA: ORR10-13383 PO Box 40310 LLID: 1227618456580 Eugene, OR 97404-0047 River Mile: 185.34999999999999 Location: Wildish Glenwood Plant Site, 5001 Franklin Blvd, Springfield SOURCES COVERED BY THIS PERMIT: The legally authorized representative (see Definitions) for construction activities (as defined below) that may discharge to surface waters or conveyance systems leading to surface waters of the state must register for coverage under this permit with DEQ before any land disturbance occurs, unless the construction activities are automatically covered as described in the 1200 -CN permit. • Construction activities including clearing, grading, excavation, materials or equipment staging and stockpiling that will disturb one or more acres and may discharge to surface waters or conveyance systems leading to surface waters of the state. Construction activities including clearing, grading, excavation, materials or equipment staging and stockpiling that will disturb less than one acre that are part of a common plan of development or sale if the larger common plan of development or sale will ultimately disturb one acre or more and may discharge to surface waters or conveyance systems leading to surface waters of the state. • This permit also authorizes discharges from any other construction activity (including construction activity that disturbs less than one acre and is not part of a common plan of development or sale) designated by DEQ, where DEQ makes that designation based on the potential for contribution to an excursion of a water quality standard or for significant contribution of pollutants to waters of the state. This permit does not authorize the following: • 'In -water or riparian work, which is regulated by other programs and agencies including the Federal Clean Water Act Section 404 permit program, the Oregon Department of State Lands, the Oregon Department of Fish and Wildlife, the U.S. Fish and Wildlife Service, the U.S. Army Corp of Engineers, the National Marine Fisheries Service, and the Department of Environmental Quality Section 401 certification program. • Post -construction storarwater discharges that originate from the site after completion of construction activities and final stabilization. • Discharges to underground injection control (UIC) systems. Effective: December 15, 2015 ydia er, Operations Administrator Expiration Date: December 14, 2020 Permit Number: 1200-C Expiration Date: December 14, 2020 Page 2 of 30 PERMITTED AC'T'IVITIES Until this permit expires, is modified or revoked, the permit registrant is authorized to construct, install, modify, or operate erosion and sediment control measures and stormwater treatment and control facilities, and to discharge stormwater and certain specified non-stormwater discharges to surface waters of the state or conveyance systems leading to surface waters of the state only in conformance with all the requirements, limitations, and conditions set forth in the permit including attached schedules as follows: Unless specifically authorized by this permit, by regulation issued by EPA, by another NPDES permit, or by Oregon Administrative Rule, any other direct or indirect discharge to waters of the state is prohibited, including discharges to an underground injection control system.