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HomeMy WebLinkAboutCorrespondence APPLICANT 5/31/2007 , " ... ~ PAULY Linda r~1a:g. ~ ] 5-3J-oi By Hi Alex. The first step will be locating the mapped natural resource on the ground. The applicant is 1t:~"'UII~IUI" for locating these features and showing them in the Site Assessment Plan. Only an on-site inspection of "suspect areas" by a qualified professional can provide a definitive answer to your question. The second step is to determine what buffer/setback (if any) applies. Once the feature is located I can help determine which setback(s) or buffer(s) will be ~~*' . . Alex Mock , RE: UO Bookstore/Glenwood Goal 5 Resources Question To: Subject: Our Goal 5 Natural Resources (NR) map is based on an inventory conducted prior to Springfield taking jurisdiction of Glenwood. The City will be conducting a Local Wetland Inventory for Glenwood as we enter the next stage of Glenwood planning, probably in 2008. Until then, we rely upon the NR site inventory map to identify significant features that require protection, as we are required to protect Goal 5 natural resources and wetlands through our development review process. In most cases the Springfield NR sites are also identified as Water Quality Limited Watercourses (WQLW), which have a required riparian area setback (50-75'). If not a WQLW, then the state's wetland regulations would be applicable if wetlands are identified. Oregon Department of State Lands website includes information and links about the state's wetland regulations. In this case, our Water Quality Limited Watercourses (WQLW) Map shows the a riparian resource feature south of the subject property, north of the railroad tracks. This WQLW feaures require a 50-foot development setback. The feature reappears south of the IT tracks along E. 19th. I believe that feature is located on the s. side of the street adjacent to Williams Bakery site. It appears that the WQLW segments are located entirely on the other side of the street from the bookstore site and may be more than 50 feet away. WQLW setbacks are from the surveyed top of bank (federal definition) of the watercourse. I'm sorry but this map is not yet on our website. (Please call 726-3753 and ask to speak with staff regarding ordering this map. Your consultant could also contact me or the Planner on Duty (same number) directly to come in and look at maps or ask me questions.) The NR map, showing a more general determination, shows the Glenwood Slough feature overlaying a portion of the site. If your consultant finds that the slough and/or associated wetland is entirely off the bookstore's property, she/he will need to locate its boundary in relationship to your site to ensure that a setback/buffer of at least 50 feet from top of bank of the WQL W to the site development on the bookstore property. If wetlands are found to be present, a DSUArmy Corps of Engineers review will be involved. Your consultant can perform the detailed wetland delineation and mapping if required and handle the permit application process for you. All wetland delineation reports should be submitted to the wetlands program leader at the Department for verification and a written jurisdictional determination-a determination of which areas are subject to state permit requirements-prior to any ground alteration. The following guidance on wetlands is from the Oregon Wetland Planning Guidebook Model Wetland Protection Ordinances Model 1 : Safe Harbor Ordinance for Wetland Protection Areas. C. Applications for plan approvals, development permits, building permits, or plans for proposed public facilities on parcels containing a wetland protection area or a portion thereof, shall include the following: ,,' ." ~I ; l " , , 1) A delineation of the wetland boundary completed by a professional wetland scientist, or similar expert, qualified to delineate wetlands in accordance with Oregon Division of State Lands rules, If the proposed project is designed to avoid wetlands, a wetland determination report may be provided in place of the delineation. 2) A scale drawing that clearly depicts the wetland boundary, the surface water source, existing trees and vegetation, property boundaries, and proposed site alterations including proposed excavation, fill, structures, and paved areas. 3) .Verification that the application packet has been submitted to the Oregon Department ofFish and . , . Wildliftr for review and comment. 1;- . D: No delineation is required under C)l above if the proposed development is located 25 feet or more , ' . ..):,-,~t, <:. 1 ~ " .. from a wetland identified on the L WI map or a determination, but not an approved delineation, r-=-, ',-.' :" (Please note that compliance with state and federal wetland regulations for all wetlands, mapped 01 ': /:1 : ;;;, uruiJ.apped, remains the legal responsibility of the landowner.) I I , . , I ."" "', . \" I [Note: This.is nqta buffer or setback, it is an allowance for L WI map inaccuracy when the expense of a . pr,ecise delineation may not be warranted,] '" " ~ .. ~ -. . V. Approval Criteria The approving authority shall base its decision on the following criteria in addition to the required criteria for any other permit or approval that is being sought. Approvals shall be based on compliance with all of the following criteria: A. The proposed project complies with the provisions of Sections VI through IX of this Chapter. B, Except as otherwise allowed in Section VI, the proposed project will not result in excavation or filling of a wetland or reduction of wetland area on a parcel that has been identified as containing a wetland, C, Except as otherwise allowed in Section VI, the proposed project will not result in development or filling 01 land within 25 feet of the boundary of wetland that has been identified only on the L WI map or by a determination, but not an approved delineation, VI. Allowed Activities within Wetland Protection Areas A. Any use, sign, or structure, and the maintenance thereof, that was lawfully existing on the date of adoption of this ordinance [insert date], is allowed to continue within a wetland protection area. SUI h use, sign, or structure may continue at a similar level and manner as existed on the date of adoption of this ordinance, The maintenance and alteration of pre-existing omamentallandscaping is permitted within a wetland protection area so long as no additional native vegetation is disturbed, The provisions of this section shall not be affected by any change in ownership of properties containing a wetland protection area, B, The following activities and maintenance thereof are allowed within a wetland protection area, provided that any applicable state or federal permits are secured: 1) Wetland restoration and rehabilitation activities; 2) Restoration and enhancement of native vegetation; 3) Cutting and removal of trees which pose a hazard to life or property due to threat of falling; 4) Removal of non-native vegetation, if replaced with native plant species at similar coverage or density, so that natives are dominant; 5) Normal farm practices such as grazing, plowing, planting, cultivating and harvesting, that meet the following criteria and limitations: a. The land is zoned for Exclusive Farm Use, b,' The farm practices were in existence or occurring on the property on the date of adoption of the provisions herein, c, The farm practices are of no greater scope or intensity than the operation" th"t wp.re in . existence on the date of adoption of the provisions herein, and . ~~ @ ~ n m ~ ~ d. Normal farm practices do not include new or expanded structures, ro , Of other fadi'itles ~ involving placement of fill material, ,excavation, or new drainage me es;'1IIRt' _ -- ~ 2 S--.:r / '0"- By -;.--- ;;,. e, In designatea coastal shoreland areas, normal farm pra'1!tices, such as propagation and selective harvesting offorest products consistent with the Forest Practices Act, graZing, and harvesting of wild crops, must be consistent with protection of the wetland's natural values. 6) Maintenance of existing drainage ways, ditches, or other structures, to maintain flow at original design capacity and mitigate upstream flooding, provided that management practices avoid sedimentation and impact to native vegetation, and any spoils are placed in uplands; 7) Replacement of a permanent, legal, nonconforming structure in existence on the date of adoption of this ordinance with a structure on the same building footprint, if it does not disturb additional area, and in accordance with the provisions of Sections [list sections of code related to nonconforming uses]; and 8) Expansion of a permanent, legal, nonconfoITning structure in existence on the date of adoption of this ordinance, if the expansion area is not within and does not disturb the wetland protection area, and in accordance with the provisions of Sections [list sections of code related to nonconforming uses]. 9) Emergency stream bank stabilization to remedy immediate threats to life or property, 10) Maintenance and repair of existing roads and streets, including repaving and repair of existing bridges, and culverts, provided that such practices avoid sedimentation and other discharges into the wetland or waterway. . C. New fencing may be permitted by the [Planning Director or designee] where the applicant demonstrates that the following criteria are satisfied: I) The fencing does not affect the hydrology of the site; 2) The fencing does not present an obstruction that would increase flood velocity or intensity; 3) Fish habitat is not adversely affected by the fencing; 4) The fencing.is the minimum necessary to achieve the'applicant's purpose, Applications for new fencing within a wetland protection area shall contain a scale drawing that clearly depicts the wetland area boundary, VII. - Prohibited Activities within Wetland Protection Areas Except as allowed in Sections VI "Allowed Activities Within Wetland Protection Areas", the following activities are prohibited within a wetland protection area. . A. Placement of new structures or impervious surfaces, B, Excavation, drainage, grading, fill, or removal of vegetation except for fire protection purposes or removing hazard trees, C, Expansion of areas of landscaping with non-native species, such as a lawn or garden, into the wetland protection area. D. Disposal or temporary storage of refuse, yard debris, or other material, E, Discharge or direct runoff of untreated stormwater, F, Uses not allowed in the list of permitted uses for the underlying zone, G. Any use not specifically allowed in Section VI. r\ f"? :., 1;.:1 ."Ji2: Uu ~ ~ 0 m~ )/ .J 5-~(-OI B\/ VIII. -Conservation alillMiiintenance of Wetland Protection Areas .' , .', ~' : -.: :'.1: :' " 'i . [Note: 'lrnS is--an~pti~~al se'~tion that outlines non-regulatory protection strategies, These provisions are not ~ " I 1 ' \ I " . , sufficient::protectjon ~nC?emselyes. Zoning protection must also be employed,] , ' " . , ...._1 3 When approving applications for Lan<fDivisions, Plarined Unit Developments, Conditional Use Permits, and " Exceptions, or for development permits for properties containing a wetland protection area or portion thereof, . the'approving authority shall assure long term conservation and maintenance of the wetland protection area through one or more of the following methods: A, The area shall be protected in perpetuity by a conservation easement recorded on deeds and plats prescribir g the conditions and restrictions set forth in Sections I through X, "Wetland Protection Areas," and any imposed by state or federal permits; or B, The area shall be protected in perpetuity through ownership and maintenance by a private nonprofit assodation through a conservation easement or through conditions; covenants, or restrictions (CC&Rs), prescribing the conditions and restrictions set forth in Sections I through X, "Wetland Protection Areas," at d any imposed by state or federal permits; or C, The area shall be transferred by deed to a willing public agency or private conservation organization with a recorded conservation easement prescribing the conditions and restrictions set forth in Sections I through ), , "Wetland Protection Areas, "and any imposed by state or federal permits, [Note: Other mechanisms for long-term protection and maintenance as deemed appropriate and acceptable by the [jurisdiction] attorney, that are clear and objective standards, could be added to this list. Such mechanisms shall be consistent with the purposes and requirements of this ordinance. IX. Notification and Coordination with State Agencies A, The [jUrisdiction] shall notifY the Oregon Division of State Lands in writing of all applications toth: [jurisdiction] for development activities - including development applications, building permits, ant other development proposals - that may affect any wetland identified in the Local Wetlands Inventory, This applies for both significant and non-significant wetlands, The Division provides a Wetland Land Use Notification form for this purpose, [See OAR 660-23-100(7); ORS 227,350 for cities and ORS 215.418 for counties]. B, When reviewing wetland development permits authorized under this Chapter, the approving authority shall consider recommendations from the Oregon Department of Fish and Wildlife regarding OAR 635-415 "Fish and Wildlife Habitat Mitigation Policy," [Note: Recommendations from ODFW are advisory only,] LINDA PAULY PI.nner 3 . City of Springfield Development Services 115 Fifth Street Springfield,~OR .91477 phone: (541)' 116-4608 l' . fax: (541) 12.6,3689 I I, :\ ' .-' .< ~~ ~.~O ill ~ ~il ] 5 -')t'o1!J By 4 ....J :i J" , ~ " , - . . I.a ,.~ _. _ __. j I I, In '.- . -, I '~' -1 .. .1,1.. '. ~. . ~ - - 3 I. ':I ...II ,-- ~ . i : . . i I .~ ~I ~ ~ @ ~ 0 ~_~ ]' I ~ ~ -, '5 -?:>( -() 7 By f," ~', , Site E28,is a small tributary of the Amazon Channel. The ~hannel is 1.5 feet wide and six inches deep with a muddy bottom. There is a ten-foot wide strip of black cottonwood and hawthorne on either side of the channel. This small forested'channel provides habitat for a variety of songbird, raptor, small mammal and reptile species. This channel appears to be culverted on both ends, limited use and travel corridor potential for'wildlife. Site S04 Springfield Millrace B (Industrial) Score: 40-41 points The Mi 11 race runs from the Willamette River to' the Mill Pond adjacent to the. Booth Kelly site in Springfield. The upper stretches of the Millrace (Site S03) provide higher value wildlife habitat than the stretch within Site S04. This lower stretch of the Mill Race has a thin riparian strip with industrial and agricultural uses immediately adjacent. Noise, activity and runoff from adjacent activities may adversely impact wildlife use of the Millrace. Water quality should be monitored. Site S12 Q Street Ditch (Trees) Score: 45 points The Q Street ditch runs through Springfield paralleling the . Eugene-Springfield Highway to the south and residential yards to the north. Portions of the ditch are riprapped and culverted (Site S13). Portions within this site haye a thin riparian strip. The vegetation along. the water's edge and the bank provides some food, cover and escape for some songbird, waterfowl, reptile and small mammal species. The' most important wildlife habitat function provided by the Q Street ditch may be as a wildlife travel corridor, linking isolated upland and wetland sites within Springfield, as well as providing water. Although wildlife habitat value is limited, the Q Street ditch is an important natural resource within Springfield. As more open space areas are paved and developed within Springfield," i so 1 ated remnant habitat areas become more valuable and important to wildlife. Terracing the banks of the ditch and a revegetation program could greatly enhance the wildlife habitat value of the ditch. Site E39 Glenwood. Score: 46-47 points Site E39 is a series of wetland and riparian strips following the railroad tracks along 1-5. Vegetation includes willows (Salix so.), black cottonwood (Populus trichocarpa)! sedge (Carex so.), rush (Juncus so.), cattalls. (Tvpha latlfolla) and reed canarygrass (Phalaris arundinacea). Interspersion with other natural areas is limited by 1-5 and other adjacent roads, but the site's proximity to the Wi11amette River may increase the number of wildlife species in the area. The Division of State Lands has determined that a porti on of this site is a regulated wetland. Site S21 South Irving Slough and Pond Score: 47 points This site is composed of a small pond and riparian channel with some aquatic plant growth. Vegetation around the pond is sparse in some areas with a few pockets of black cottonwood (Populus trichocaroa), willow ,(Salix sp.) and Himalayan blackberry (Rubus discolor). The banks of the pond are eroding. The adjacent riparian channel has steep banks and is vegetated primarily by exotic (intr'~~~ ~qp~ ~ II species. The riparian channel connects to a high qual ~~artarl~ ~ II ..-- J 17 5-~I-D7 By ,.\ i I ~ L 1\ ,~ .I, I,' !I I~ I,. ~~i !r-~j f i~ Iii I i I.