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I. LPP.N, 2002-P1547 FIL ED MARCH 5. 2002 AS LANE COUNTY SURVEY FILE NO, 37430.
2. .'" CS.F, NO, 2413/ FILED JUNE 27, /980 BY CHARLES W. GUILE
3, PROPERTY LINE ADJUSTMENT DEEDS RECORDED JUNE II. 2004 AT RECORDEH'S NO.
",'.." >', 2004-044318 LCOR. AND RECORDER'S NO. 2004-044319 LCO,R.
PRIVA TE STORM DRAINAGE EASEMENTS RECORDED MARCH 5, 2002 A T RECORDER'S
NO. 2002-017481 LCOR.
14.00 FOOT WIDE PUBLIC SANITARY SEWER EASEMENT RECORDED OCTOBER 28, 2003
A T RECORDER'S NO, 2003-/05437 LC.OR,
PRIVA TE JOINT USE ACCESS AND PRlVA TE UTILITY EASEMENT RECORDED
, 2004 A T RECORDER'S NUMBER 2004- 60v5'8 LCOR.
PRIVA TE STORM DRAINAGE AND WETlANDS PROTECTION EASEMENT RECORDED :' AUQosr
, 2004 A T RECORDER'S NUMBER 2004- 60f/59 LeOR.
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B, SEVILLE AS PLATTED AND FILED DECEMBER 30. 1977 IN FILE 12 AT SLIDE 100 LC.OPR.
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FOUND 518 ~ ,', /~- L ,20.00 P,U,f, II)
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o.,~ ~~ I ~ , , ~ /0.00 I _ _fir: ~ r,~. . 63,00 --' I
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-"".'~'.~~~' 1 ~\~ AREA 3~1g:~ I LOT 4 J
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-;I'~:::- '-': :21 /3045 SQ, FT, ~,~ ~ I I ,:2: ~~!~ 1000 I
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I ": \'.>----- "SKINNER & ASSOC, INC" (f) .280,38 1280.37XI) -----ffM,
\ :g \">--- S57040'2'.W 0,08 FROM SOO"Ol'30"W(/) 435.321435.37)(/) -*-*
\ ~:; '~=- CALCUlA TED CORNER :J:.::r
\ <:.r- @ ,~",." . "''' 3O"IV 43932 81504
\ ' FOUND 51B' IR . lDf' CUBffFJ: .ntf,~ CALC
"~~// SET BY CHARLES GUILE: (2) a.:"ve DELTA RADIUS ARC ~ OIORD
CI 89045'30" 16.00 25,07 S44051Y5"E I 22,58
C2 90014'30" 20,00. 31.50 S45008'45"W I 28,34
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TAX LOT 603 AND A PORTION OF 601 & 602.
I CITY OF SPRINGFIELD JOURNAL
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Lane County Deeds and .R........ds &W'I"IIW'IiI
1/111111111111111111111111111111111111111111111 '$106,00
1I06ll934141 '3-.006045700111811 . ..
. 08/02/2004 10: 15:29 Aft
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SET 5/8" x 30" REBAR WITH YELLOW PLASlIC
CAP MARKED "BRANCH ENG 'INC,. ", .
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CALCUlA TFD POINT - NOTI-iiivG FOUND NOR SET.
DENOTES MONUMENT DF:S/GNA TlON AS NOTm
IN NARRA TlVE ,.
DENOTES MEASURED BEARINGS AND/OR .
D1S7 A NCES ARE EQUAL TO -OA TA OF RECORD.
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DENOTES DEDICA TED HEREON
DENOTES LINE NOT TO SCALE.
DENOTES EXISTING 4' -WIRE'{!FENCE
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I STORM DRAINAGE 4,00 t-- EASEIENT (4)
-' EASEIENT (4) .'~. ,~:P "', (AFFECTS -LOTI ONL-I'J _
I LOT 1 g ~ i EXISTING 6' BOARD FENCE ALONG
I 6530 SQ. FT. ~ :g, r PROPERTY LINE BEFORE ADJUSTMENT (3)
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- 7,00 P.UE. 400- - ~ q.. -' '1<.
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~ -I NOO"OI'30"f' ... 98,93 -' FOlNJ OISTUR8ED 5/8' REBAR ';---A::I
o I PROPERTY LINE _' WITH YElLOW PLASTIC CAP -'S
? 1 BEFORE ADJUSTMENTI31 * _ MARKED "SKrINER & ASSoc. INC. (I) 9.>
~ I !u au S34.20'55'W 0.19 ' r 1 REGISTERED 1
~ I. LOT 2 g . ~ B FROM CALCULATED CORNER I r PROF[SSIONAL~
. .... '" -; -0 ; LAND SURVEYOR
o I 6530 SQ, ~r ~ g '<0. -<l
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: I '! \ . / AFTET! ADJUSTMENU3) , .2606 .;
~ 30.00. 6toOlI)3~;.~ ?2:,.,,-r--'-~;~,!9tOO)(I) ---~' 14,00 ~IC t ~ EX~, ES' DECEMBER 31. 2005
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VO DISTllR8ED 51B' REBAR I __~//' fj'\ :~'::~(SJWER ~,~L\\ Branch' . En.",.gineering. , :. Inc. .
. YELLOW PLASTIC CAP ------- .,.-/ 'U I~d)
<ED 'SK/NNfR & ASSOC. fiVe" (II ,--- Nf CORNER, OF PARCEl 310 Fifth Street
'6'28'W 0./6 FROM -< ' F()I.N) 5/8 REBAR wrr Springfield, Oregon 97477
LUTED CORNER : ,YELLOW PLASTIC CAP ~ (541)746-0637:FAX (541)746-0389.
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Civil . Structures. Transportation . SurVeying
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P.UE. DENOTES PUBLIC UTILITY EASEMENT.
LPPN DENOTES LAND PARTITION PI'l'T NUMBER. ,
L.C.OR. DENOTES LANE COUNTY OFFICIAL RECORDS,
C.S.F.. No. DENOTES COUNTY SURVEY FILE NUMBER.
L.C.OP R. DENOTES LANF COUNTY OREGON PL A T RECORDS,
BR DENOTES MONUMENT USED TO ,ESTABLISH BASIS
OF BEARINGS. ;
( ) DENOTES DATA OF RECORD. :
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(UN) DENOTES UNKNOWN (NO CAP FOUND)
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ALL DISTANCES SHOWN ARE IN FEET,
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PARCEL 3 (I) % NOTE I
FOUND 5/8- RtBAR 'J' ,
WITH YELLOW PlASTIC NO BUILDING. STRUCTURE. TREES,
CAP MARKED "SKINNER SHRUBBERY OR, OTHER OBSTRUCTION
& ASsoc. INC' (/) SHALL BE PLACED OR L DCA TED ON
OR IN A PUBl/(; UTILITY EASEME~IT,
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NOS. SUB2003-00029 & SUB2004=.OOO~!
PROJECT No, 03"0/5
~.pAGE 1 OF 2
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DWG. No. 2003/03-015103-015 PLATi 7120104 GPW
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NARRA TIVE
THE PURPOSE OF THIS SURV[Y IS (f) TO SHOW LOCATIONS OF MONUMENTS THAT
WERE SE T FOR PROPERTY LINE ADJUSTMENTS THA T WERE GIVEN TENTA TlVE
. APPROVAL BY THE CITY OF SPRINGFIELD UNDER JOURNAL NO.. SUB2004-00017
ON MAY 10. 2004 AND (2) TO SUBDIVIDE THE PROPERTY INTO SIX SEPARATE
LOTS IN CONFORMANCE WITH ORS CHAPTER 92 AND TO FULFILL THE CONDtilONS
. OF APPROVAL FROM THE CITY OF SPRINGFIELD DATED SEPTEMBER 9. 2003 IN .
JOURNAL NO. SUB2003-00029, THE POINTS AND LINES SHOWN HEREON WERE
ESTABLISHED AS FOLLOWS' . ,.
MONUMENTS 'A' AND ',B' THA T LIE A T THE WESTERL Y AND EASTERL Y ENDS
. OF THAT CERTAIN COURSE HAVING A BEARING AND DISTANCE OF NORTH B90
43' 39' WEST 3147.53 FEET AS SHOWN HEREON WERE ACCEPTED A'S BEING
THE SAME POINTS THA T .WERE SET BY CHARLES GUILE IN REF. NO. 2 A T THE.
ENDS OF THAT CERTAIN LINE THAT HAS A BEARING AND DISTANCE OF NORTH
890 45' 09' WEST 3147.75 FEET ON SAID REF. NO.2. THE LINE BETWEEN SAID
MONUMENTS. WAS HELD AS THE SOUTH LINE OF. THE LANDS SUBD/VIDED HEREON.
MONUMENT 'C' AS SET IN REF, NO. I WAS FOUND ON. THE. LINE THAT WAS'
ESTABLISHED BY.GUILE IN REF.~ NO, 2 AND WAS HELD AS THE SOUTHWEST
CORNER OF PARCEL 3 OF REF. 'NO. I. MONUMENT' D' AS SET IN REF. NO, I
WAS ACCEPTED AS MARKING THE NORTHWEST CORNER OF SAID PARCEL 3. THE
LINE BETWEEN SAID MONUMENTS 'C' AND 'D' AND THE NORTHERLY PROLONGATION
.THEREOF WAS HELD AS THE WEST LINE OF THE LANDS SUBDIVIDED HEREON.
THE BEARING, NORTH 000 01' 30' EAST OF THE LINE BETWEEN MONUMENTS
'c' AND . D~ AS SHOWN HEREON AND AS SHOWN ON REF. NO. I' WAS ACCEPTED
AS BEING THE BASIS OF BEARINGS SHOWN HEREON. . MONUMENT ~ F' FOUND AT
. THE NORTHEAST CORNER OF SAID PARCEL 3 WAS ACCEPTED AS BEING SAID
CORNER.' THE LINE BETWEEN SAID MONUMENTS" D' AND 'P WAS ACCEPTED
AS BEING THE NORTH LINE OF PARCEL 3 OF REF. NO. I, THE EAST LINE OF.
THE LANDS SUBDIVIDED HEREON WAS . ESTABLISHED BY RUNNING A LINE THROUGH
MONUMENT 'F' THA T LIES PARALLEL WITH THE WEST LINE OF THE LANDS
SUBDIVIDED HEREON. THE SOUTHEAST CORNER OF THE LANDS SUBDIVIDED
HEREON WAS ESTABLISHED BY INTERSECTION, MONUMENT' E' WAS FOUND ON
THE 'WEST LINE OF THE LANDS SUBDIVIDED HEREON AT. THE SOUTHWEST CORNER
OF ASTER STREET AND WAS ACCEPTED AS BEING A POINT ON THE SOUTH
MARGIN OF ASTER STREET AS SHOWN IN SAID REF. NO, I. THE SOUTH MARGIN
.' OF. ASTER STREET WAS ESTABLISHED RUNNING A LINE EASTERLY FROM
MONUMENT' E' THE RECORD BEARING OF SOUTH 89044' 00' EAST AS
. . SHOWN ON REF. NO. I. THE CENTERLINE AND NORTH MARGIN WERE ESTABLISHED
BY OFFSETTING THE SOUTH MARGIN NORTHERL Y BY 30.00 FEET AND 60.00
FEET RESPECT/VEL Y. SAID MARGINS AND CENTERLINE WERE THEN INTERSECTED
WITH THE WEST AND EAST LINES OF THE LANDS SUBDIVIDED HEREON. THE
NORTH LINE OF THE LANDS SUBDIVIDED HEREON .wAS ESTABLISHED BY
OFFSET TlNG THE NORTH LINE OF PARCEL 3 OF REF, NO, I NORTHERL Y BY
--4.00FEEf-:AS CAbLED IN-THE PROPERTY liNE ADJUSTMENT DEEDS' NOTED
. HEREON. AS REFERENCE NO, 3.
SURVEYOR'S CERTIFICATE
I. REX A.. BETZ. A REGISTERED PROFESSIONAL. LAND SURVEYOR, BEING DUL Y
SWORN ON OA TH. DO HEREBY CERTIFY (() THA T THE INITIAL POINT AS SHOWN
HEREON IS MARKED 8Y A 5/8' X 30' REBAR WITH YELLOW PLASTIC CAP
MARKED 'SKINNER & ASSOC. We: LYING A T THE SOUTHWEST CORNER OF THE
LANDS SUBDIVIDED BY THIS PLAT. WHICH INITIAL POINT ALSO MARKS THE'
SOUTHWEST .CORNER OF PARCEL 3 OF LAND PARTITION PLA T NUMBER 2002-
PI547 AS SAID PARTITION WAS RECORDED MARCH 5. 2002 IN THE LAND
. PARTITION PLA T RECORDS OF LANE COUNTY, STA TE OF QRE(iQN AN[) FILED AS
'_,. C.S.F".,'NQ. '1N$.O.IN .~LANe. COUNrYSU/JV/fYOR'S ~OPPICE:>AND (2).YHAf" I,...~'=.
. HAVE CORRECTLY SURVEY{D AND 'MARKED WITH PROPER MONUMENTS THE w1TfJiN.... .
SUBDIVISION PLA T AS SAID PLA T SUBDIVIDES THE FOLLOWING DESCRIBED
LANDS"
. SITUATED IN THE CITY 'OF SPRINGFIELD, LANE COUNTY. STATE OF OREGON IN
THE SOUTHWEST 1/4 OF SECTION 34, TOWNSHIP 17 SOUTH. RANGE 2 WEST OF
~ THE WILLAMETTE MERIDIAN AND DESCRIBED AS FOLLOWS'
BEING ALL OF PARCEL 3 0.14 ACRES NETJ OF LAND PARTITION PLA T NO, 2002-
P/547' AS PLA TTED AND RECORDED MARCH 5. 2002 IN THE LAND PARTITION
PLA T RECORDS OF LANE COUNTY, STATE OF OREGON AND FILED AS C.SF,
NO. 37430 IN THE LANE COUNTY SURVEYOR'S OFFICE.
TOGETHER WITH THE SOUTH 4,00 FEET BY PERPENDICUL AR MEASUREMENT OF
PARCEL I OF SAID LAND PARTITION PLA T NO, 2002-PI547.
TOGETHER WITH THE SOUTH 4,00 FEET BY PERPENDICULAR MEASUREMENT Or: .
PARCEL 2 OF SAID LAND PARTITION PLA T NO, 2002-PI547.
TAX LOT 603 AND A PORTION OF 601 & 602
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VELLUM BF7/7V-9
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SUBDffi
ASTER
REPLAT OPAl
REPLAT OF A POB
. OF IPP
S.W. 1/4, SEe;
SPRlNGl'1JSLD, L
JULj
DECLARATION
KNOW ALL PERSONS BY' THESE PRESEI
LARRY ALBERTS, (() DO HEREBY CERTIFY
AS HEREON DESCRIBED AND DO CAUSE T
IN ACCORDANCE WITH THE PROVISIONS
STATUTES AS HEREON SHOWN, (2) DO Hn,
INSJRUMENT. OE fA) , THE lRREVOCABL t
UTILITY EASEMENT DENOTED AS 'EASE"
(B) THE IRREVOCABLE PRIVA TE STORM D~
DENOTED AS 'EASEMENT B' THA T BEN
DO HEREBY DEDICA TE TO THE CITY 01
91.93 FOOT LONG' PUBLIC UTILITY EASE"
LINE. OF LOT 2. (B) THE 10.00-FOOT
ALONG 'THE SOUTH LINE OF LOT 4 AND D
WIDE PUBLIC UTILITY EASEMENT THA T L
EASTERL Y OF 'EASEMENT A'. AND (D) T
THA T LIES ALONG THE EAST LINE OF
EXISTING EASEMENTS OF RECORD ALL A~
d,/?~
---
LARRY. ALBERTS
ACKNOWLEDGMENT
STATE OF OREGON')
COUNTY Of LANE ' } S8
ON ::r U L Y Z 7 2G
NAMEO LARRY ALBERTS AND A'CKN
VOLUNTARY ACT AND DEED.
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NOTAR
COMMI1
MY CO
STATE OF OREGON )
COUNTY OF LANE } SS
..~ o;';;'.";:';"';:"'<~"~~VL. \f'c';>~'c, ,~C-"'2"l~__26
NAMED DENNIS MINIUM AND ACKNOI
VOLUNTARY ACT AND DEED.
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NOTAR'
COMMIS
MY COI
I CITY OF SPRINGFIELD JOURNAL ~
-
.
.
VISION PLAT FOR
l MEADOWS
AU Of PARCEL 3 AND
JRTION OF PARCRU:: 1& 2
IPN 2002-P1547
~ 34,: T.17S., R.2.".. fr.M.
LANE COUNTY, OREGON
T..Y 20, 2004
BENTS THA T DENNIS MiNIUM CONSTRUCTION AND
'IFY THA T THEY ARE THE OWNERS OF THE LANDS .
~ THE PROPERTY TO BE SUBDIVIDED AND PLA TTED
INS - OF CHAPTER 92 OF THE OREGON REVISED
fCREBY ACKNOWLEDGE. THE. CREA TlON BY SEPARA TE ._
9LE . pRIVATE_ JOINT USE/ACCESS AND PRIVATE -
SEMENT A' THA T BENEFITS LOTS j. 4. 5 AND 6;
DRAINAGE AND WETLANDS PROTECTION EASEMENT
IENEFlTS AND AFFECTS LOTS 3. 4, 5 AND 6: (3)
OF SPRINGFlE"LD (A) - THE 14.00 FOOT WIDE BY
~EMENT THA T LIES WITHIN AND ALONG THE EAST
>T . WIDE PU8l1C 'UTILITY EASEMENT THA T LIES
1 EASTERLY OF 'EASEMENT A'. (C) -THE IO.OO-FOOT -
T LIES ALONG THE NORTH LINE OF LOT 6 AND
I} THE IO.OO-FOOT WIDE PUBLIC UTILITY EASEMENT .
OF LOT 4: AND (4) DO HEREBY ACKNOWLEDGE
AS SHOWN HEREON, .
DENNIS MINIUM CONSTRUCTION
.-, -
~2.~
DENNIS MINIUM. SOLE PROPRIETOR
- - -
2004 PERSONALL Y APPEARED. THt ABOVE--
KNOWLEDGED - THE FOREGOING TO BF His
- -
~ /1- W~
ARY PUBLIC FOR - OREGON
MISSION NO. :\ -, r>no I
COM~'SSION EXPIRES~' . I ? 47- 0"'., .
o ~o O~ ~~ 0 ?:::I
000 0 ~ 000 0 000
o 0 0 0 0 0 00; 0 j 0
000 O~ ~O 00 0 j 0 0
000000000
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-
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DATE
F/#02 .:. 26nV
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ILANE COUNTY SURVEYORS ornCE
O. oo,C.S. nLE No. '? 9 .., Z 4- I .
..0 t :id'UNG DATE? AlltG-. 'o"l 5
o 0 0 J 0
o 0 :.. _. _
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000
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'-'= 0
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LANE COUNTY ClERK &: RECORDER JO 0
or CONVEYANCES
DEPUTY Jt/~~ _
Division of Chief Deputy Clerk
Lane Count.y Deeds end Records
2004-0~457
$106,00
r
1111111111111111111 mll~IIIIIIIIIII"lmlll
00609341200400604570811011
08/02/2004 10:15:29 AM
RPR-SlI8D Cnbl St.n=IS CASHIER 0&
SS.OO $80.00 $10.00 $11.00
OWNF;RS AND SUBDIVIDERS
DFNNIS MINIUM CONSTRUCTION
LARRY ALBFRTS.
8745 THURSTON ROAD
. SPRINGFIELD. OREGON 97478
SOLAR STATEMENT
!I
I.
,
I
I
LOTS I. 2. 5 AND 6 MEET THE BASIC SOLAR DESIGN REQUIREMENTS AND COMPL Y
WITH SECTION 35.010(3)({3)(/} OF THE SPRINGFIFLD DEVFLOPMENT CODE.
LOTS 3 AND, 4 DO NOT MEET THE BASIC SOLAR DESIGN REQUIREMENTS AND
COMPL Y WITH SECTION 35.010(3}(B)(/) OF THE SPRINGFIELD DEVELOPMENT CODE.
AN ADJUSTMENT TO THE BASIC SOLAR DESIGN REQUIREMENTS HAS BEEN AS
GRANTFD BY THE 'CITY OF SPRINGFlFLD AS ALLOWFD BY SFCT/ON 35,OI0(3)(D)(/):
APPROVALS. -..
~; '\\T~INGFIELD;,
aft'lIMN/;;;:; .
, ClT Y SURVEYOR_
7-~-c>'f
. DATE
7 - .30-01-
DATE
. LANE C()UNTY::.... _ , (
; ~'TY "SSESSOI< .~ t/J4.{fL----
') ;.r,Y'
~\~~ .r'\llt, '< . - -
CHAIR. LANE COUNTt BOARD OF COMMISSIONERS
---2 \'3f) \4_
DA TE I
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~. 1.- C,,;
DATE
!
"
.
,
.~
9
2004" PERSONALI.M;A~PEAki:c5~.YHIE"':'AB6vE .e
JOWLEDGED THE FOREGOING TO BE HIS
u ;}~ /L-.(
~RY PUBLIC FOR OREGON
iAlSSION NO. _ ~"7 n t"'>t"> ,
;OMMISSION EXPIRES ~'J.'i..z~ "7~
.'
".';:"{,'C1,:-~.:.,,..:
~. .
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'':' ".- ~ ".;, ~_.': . -:' -".'
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( REG1STERE-O . '\-
-- PROFESSIONAL I
LAND SURVEYOR ~
-4%a/~
l OREGON
JULY 20. 1993
REX A, BETZ
_ 02606 _ L
-------------.-- ._~
EXPIRES' O~c~mb~r 31, 2005
Bran_ch Engineering, Inc.
310 Fifth Street
Springfield, Oregon . 974-77
(54-1)74-6-0637 FAX (54-1)74-6-0389
branchadminftbranchengineering.com
Civil. Structures . Transportation . Surveying
NOS. SUB2003-00029 & SUB2004-:000t 7 I
. PROJECT No, 03-015
I PAGE 2 OF 2
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ASTER STREET_ ~~' GUARD RAIL
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,-/-, . -0/////_ /....../. --. 1 Sprina:tield. Oreion 97477
(S.U)746-0637 FAX (541)746-0389
e-mail: branchadmin.qwest.net
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JANUAR Y 28, 2003
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POST-CONSTRUCTION
MAP
Civil. Structures . Transportation. Surveym&
PROJECT No. 03-0/5
DWG, No, 2003\03-015\03-015 SITE,DWG
, tOft .1.1l01. 01 za!'
. SqSl AST"'tJ.-
Department of Envlfonmental Quality
811 SW Sixth Avenue
Portland, OR 97204-1390
503-229-5696
1TY 503-229-6993
. ,
Dregon
TheOdore R. Kulongoski, Governor
July 3, 2003
Ms. Merina E. Christoffersen
U.S. Army Corps of Engineers
ATTN: CENWP-OP-GP
1600 Executive Parkway, Suite 210
Eugene, OR 97401
Dear Ms. Christeroffersen:
The Department of Environmental Quality (DEQ) has reviewed the U.S. Army Corps of
Engineers (USACE) Nationwide Permit (NWP) application #2002-00024. The'applicant,
Mr Larry Alberts proposes to fill approximately 0.14 acres of wetland to extend Aster
Street and construct 6 duplexes with driveways. The construction involves the relocation
of a stormwater swale using an existing easement. This project, known as Mountain~ate.
is located at the east end of Aster Street off S. 59'h Street in Springfield, Lane Count'/. .....
Oregon (Section 34, T17S/R2W). ...... ....
.. . .
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The USACE has determined that the Mountaingate residential subdivision~s authorized
under the terms and limitations of NWP Number 39, Section 40lWater Quality:.. .:.
.
Certification has not been' issued .for NWP Number 39. .' ....
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Based on information provided by the applicant; DEQ does not anticipate any:0i>lations of
State Water Quality Standards, including Oregon Administrative Rule (OA~.~40-041.."" .
0026 (1)(a), Antidegradation Policy for Surface Waters, provided the condi.tiDrl>> which ....
. . ..
follow are Incorporated into the permit. ." .
....
1) Fish protection/ODFW timing: All in-water work shall occur within the Oregon
Department of Fish and Wildlife's (ODFW) preferred time window as specified in
Oregon Guidelines for Timing of In-Water Work to Protect Fish and Wildlife
Resources, June 2000. Exceptions to the timing window must be reviewed and
approved by the Division of State Lands (DSL) and ODFW.
2) Aquatic life movements: No activity may substantially disrupt the movement of
those species of aquatic life indigenous to the water body, including those species
that normally migrate through the area. Unobstructed fish passage must be
provided at all times during any restoration activity.
3) Turbidity/erosion controls: The authorized work shall not cause turbidity of
affected waters to exceed 10% over natural background turbidity 100 feet
downstream of the fill point. For projects proposed in areas with no discernible
gradient break (gradient of 2% or less), monitoring shall take place at 4 hour
intervals and the turbidity standard may be exceeded for a maximum of one
monitoring interval per 24 hour work period provided all practicable control
measures have been implemented. This turbidity standard exceedance interval
applies only t? coastal lowlands, floodplains, and valley bottoms.
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DEQ-I
.,
Merina E_ Christoffersen
Page 3
c) Best Management Practices (BMPs) shall be empioyed in order to
prevent discharges of spills to surface or ground waters.
d) The applicant must remove all foreign materials, refuse, and waste
from the area_
5) Planting/re-vegetation:
a)
Plant new vegetation or replace any existing vegetation in areas that
may be disturbed as a result of this project, in order to restore the
function and stability of the landscape and habitat.
Plant disturbed areas with native plants and trees in all cases except
where the use of non-native plant materials may be essential for
erosion control; and
The standard for success is 80% cover for native plant species.
Temporary fencing off of planted areas may be required to insurE; .
......
success. .
bj
~\
'-J
6)
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. . ....
.'. . .
DEQ recommends that all storm drains be equipped with oil and gre9se.t.-<ilPS, arft:l'..
be regularly maintained. :
7)
. .
......
.
Projects of 1 acre or more require an NPDES 1200C Storm Water D~ctoa!;ge ....
Permit. Contact the appropriate DEQ regional office for more inform~~q~.. J'rojecti.
employing sumps or dry wells for groundwater discharge must conform~ OAR 340-
044-050. Contact Barbara Priest, DEQ at 503-229-5945 for more iniQln1alion. ......
, .. ....
.. ..
8)
. ..
DEQ reserves the option to modify, amend or revoke this WQC, as necessary, il'l.:...
the event new information indicates that the project activities are having a significant
adverse impact on State water quality or critical fish resources.
9) A copy of this Water Quality Certification ryvQC) letter shall be kept on the job site
and readily avaitable for reference by the Corps of Engineers, DEQ personnel, the
contractor, and other appropriate state and local government inspectors.
10) This WQC is invalid if the project is operated in a manner not consistent with the
project description contained in the permit application,
11) DEQ is to have site access upon reasonable request.
12) If you are dissatisfied with the conditions contained in this certification, you may
request a hearing before the Environmental Quality Commission. Such request
must be made in writing to the Director of DEQ within 20 days of the mailing of this
certification. You may also request written information about alternative dispute
resolution services under Oregon Revised Statute 183.502, including mediation or
any other collaborative problem-solving process.
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Divi;;ion of State Lands
77'3 Summer Street NE, Suite 100
Salem, OR 97301-1279
~ 503-378-3805
Pemlit No.:
Permit Type:
Waterway:
County:
Expiration Date:
Corps No.:
LARRY ALBERTS
26654-RF
Removal/Fill
Wetland
Lane
July2,2004
2002-00024
IS AUTHORIZED IN ACCORDANCE WITH ORS 196.800 TO 196.990 TO PERFORM THE
OPER4.TIONS DESCRIBED IN THE ATTACHED COPY OF THE APPLICATION, SUBJECT TO
THE SPECIAL CONDITIONS LISTED ON ATTACHMENT A AND TO THE FOLLOWING
GENERAL CONDITIONS:
1. This permit does not authorize trespass on the lands of others. The permit holder shall obtain all necessary
access permits or rights-of-way before entering lands owned by another.
2. TIllS permit does not auihorize any work that is not in compliance with local zoning or other local, state, or
rederal regulation pertaining to the operations authorized by this permit. The permit holder is responsible for
obtaining the necessary approvals and permits before proceeding under this peimit.
3. All work done under this permit must comply with Oregon Administrative Rules, Chapter 340; Standards of
Quality for Public Waters of Oregon. Specific water quality provisions for this project:oc€:~et fook."n
" " "
Attachment A. . ..... .... .....
.. , _.:. - . . '. .. ... . .. .......
4, VIOlatIOns of the terms and cond1l10ns or thIS permIt are subject to admlllistratr~'~.w<JIor le~!lt"actlOn w1v.Ch
may result in revocation of the permit or damages. The permit holder is respomible for tqe ac"tivitie~ ~"l!.~
contractors or other operators involved in work done at the site or under this pernrit. :..... ..
. . ......
5. A copy of the permit shall be available at the work site whenever operations <flltpoIized by: me peDIJjr ~
being conducted. ...... .... ....
" " "
6. Employees of the Division of State Lands and all duly authorized representatives"M the DirO'lCtor sll.all be
..'.... . . ....
permitted access to the project area at all reasolJable times for the purpose of.~ecting w"t'k per~eo
under this permit. . : .... . .... .
....
7, Any permit holder who objects to the conditions of this permit may request a hearing from the Director, in
writing, within 10 days of the date this permit was issued.
8. In issuing this permit, the Division of State Lands makes no representation regarding the quality or adequacy
of the permitted project design, materials, construction, or maintenance, except to approve the project's
design and materials, as set forth in the permit application, as satisfying the resource protection, scenic,
safety, recreation, 'and public access requirements ofORS Chapters 196, 390 and related administrative rules.
9. Permittee shall defend and hold hannless the State of Oregon, and its officers, agents, and employees from
any claim, suit, or action for property damage or personal injury or.death arising out of the design, material,
construction, or maintenance of the permitted improvements.
NOTICE: If removal is from state-owned submerged and submersible land, the applicant must comply with
leasing and royalty provisions ofORS 274.530. If the project involves creation of new lands by filling on state-
owned submerged or submersible lands, you must comply with ORS 274.905 - 274.940. This permit does not
relieve the permittee of an obligation to secure appropriate leases from the Division of State Lands, to conduct
activities on state-owned submerged or submersible lands. Failure to comply with these. requirements may result
in civil or criminal liability. For more information about these requirements, please contact the Division of State
Lands, 378-3805.
Lori Wamer, Manager
Westem Region Field Operations
Oregon Division of State Lands
~~
Authorized Signafure
July 2, 2003
Date Issued
S::lkmI\FO\Forms\AUlhorii:lliOll\Pcrmil FJcc.doc
ATTACHMENT A
Permittee: Larry Alberts
Special Conditions for Removal/Fill Permit No, 26654-RF.
PLEASE READ AND BECOME FAMILIAR WITH CONDITIONS OF YOUR PERMIT,
This project may be site inspected by the Division of State Lands as part of our
monitoring program, The Division has the right to stop or modify the project at
any time if you are not in compliance with these conditions, A copy of this permit
shall be available at the work site whenever authorized operations are being
conducted,
1. This permit authorizes the placement of up to 160 cubic yards of rock, gravel, silt,
soil, and asphalt and removal of up to 111 cubic yards of soil in T 17S, R 2W, SW y.;
Section 34, Tax Lot 600 in a wetland, Springfield, Lane County, as outlined in the
attached permit application, map and drawings, dated April 1 , 2003.
. .
......
2. No removal of vegetation or heavy equipment operating or traversing :i,"il~ occur
. . ....
outside the designated construction footprint except during related swale . . .... .
construction (Figure 5 and Figure labeled Grading Plan for Relocate~~Me).
.
. .
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3. If any archaeological resources and/or artifacts are uncovered during 6lxcilvatiOli, all
. . . .. ....
construction activity shall immediately cease, The State Historic Presel"Val'ion O.fti~
shall be contacted (phone: 503-378-4168). ..:..:
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4. During trenching or excavation, the top layer of soil shall be separated.n-~rn the rMt.
of the excavated material and put back on top when the trench orpit is back-fillei:!.:jl.
the native underlying soils are not used as bedding material, and a coarser, non-
native soil or other material is used, preventative measures such as clay or concrete
plugs shall be used so that underground hydraulic piping does not occur and
dewater the site and adjacent wetlands,
5, All temporarily disturbed areas shall be returned to original ,ground contours at
project completion.
6. TURBIDITY/EROSION CONTROLS. The authorized work shall not cause turbidity
of affected waters to exceed 10% over natural background turbidity 100 feet
downstream of the fill point. For projects proposed in areas with no discernible
gradient break (gradient of 2% or less), monitoring shall take place at 4 hour
intervals and the turbidity standard may be exceeded for a maximum of one
monitoring intervals per 24 hour work period provided.all practicable control
measures have been implemented. This turbidity standard exceedance intervals
applies only to coastal lowlands and floodplains, valley bottoms and other low-lying
and/or relatively flat land.
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Attachment A
Larry Alberts
26654-RF
Page 2 of 3
For projects in all other areas, the turbidity standard can be exceeded for a
maximum of 2 hours (limited duration) provided all practicable erosion control
measures have been implemented. These projects may also be subject to
additional reporting requirements.
Turbidity shall be monitored during active in-water work periods. Monitoring points
shall be at an undisturbed site (representative background) 100 feet upstream from
the turbidity causing activity (i.e., fill or discharge point), 100 feet downstream from
the fill point, and at the point of fill. A turbidimeter is recommended, however, visual
gauging is acceptable. Turbidity that is visible over background is considered an
exceedance of the standard.
Practicable erosion control measures which shall be implemented, as appropriate,
include but are not limited to the following:
.
. .
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a) All exposed soils shall be stabilized during and after constructi\?floifl>\?rder'tp...
prevent erosion and sedimentation. .. . .... .
b) Waste materials and spoils shall be placed in an upland 10cati(~nMd shall be
suitably stabilized to prevent erosion. : ...:.
c) Place fill in the water using methods that avoid disturbance to ~he !"1~ximufl1...
practicable extent (e.g. placing fill with a machine rather than end-dl!mpi~:.
f t k) ......
rom a rue . . .
..
d) Prevent all construction materials and debris from entering wa~Eirw~~; . .... .
e) Use filter bags, sediment fences, sediment traps or catch basi~:o" .ur curtam's"
. .'.
leave strips or berms, Jersey barriers, sand bags, or other'measures . .:.. .
sufficient to prevent movement of soil;
f) Use impervious materials to cover stockpiles when unattended or du'ring rain
event;
g) Erosion control measures shall be inspected and maintained daily to ensure
their continued effectiveness;
h) Use a gravel staging area and construction access;
i) Fence off planted areas to protect from disturbance and/or erosion; and
j) Flag or fence off wetlands adjacent to the construction area,
Erosion control measures shall be maintained as necessary to ensure their
continued effectiveness, until soils become stabilized. All erosion control structures
shall be removed when project is complete and soils are stabilized and vegetated.
7. HAZARDOUS, TOXIC AND WASTE MATERIALS. Petroleum products, chemicals,
fresh cement, sandblasted material, and chipped paint or other deleterious waste
materials shall not be allowed to enter waters of the state. No wood treated with
leach able preservatives shall be placed in the waterway. Machinery refueling is to
occur off-site or in a confined designated area to prevent spillage into waters of the
state, Project"related spills into water of the state or onto land with a potential to
enter waters of the state shall be reported to the Oregon Emergency Response
System (OERS) at 1-800-452-0311.
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Attachment A
Larry Alberts
26654-RF
Page 3 of 3
8. Issuance of this permit is contingent upon acquisition of the required permits and
approvals from the City of Springfield.
9. When listed species are present, the authorization holder must comply with the
Federal Endangered Species Act. If previously unknown listed species are
encountered during the project, the authorization holder shall contact the
appropriate agency as soon as possible.
10. The permit holder shall notify the Division in writing of any operating conditions
imposed by other required permits that would be inconsistent with the approved plan
of operation. The Division will review these requirements and, if appropriate to
ensure compliance with state regulations, require modification of the approved work
plan and/or revise the conditions of this permit.
11.
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The permittee is responsible for carrying-out the terms and condition~.qf.this permit
unless the permit,is transferred to another party as approved.by.the.Oivi~lon. . .....
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The Division of State Lands retains the authority to temporarily halt ~r modify ttoe .
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project In case of unforeseen damage to natural resources, ...
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12.
MITIGATION
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Wetland mitigation for the unavoidable loss of 0.14 acre of palustrine emergent: ....
wetlands has been accomplished via purchase of 0.14 credits from the Amazon ....
Creek Mitigation bank, per the proof of purchase.
14. Grading of the relocated swale according to the plan included with the permit
application shall be completed concurrent with the completion of the wetland fill
project. The regraded swale shall be seeded with a native grass seed mix. Woody
vegetation removed or destroyed as a result of the swale relocation project shall be
replaced with native trees and shrubs as listed in the permit application within one
year of project completion.
July 2, 2003
J:\AttachmenlAweslLAS\RF Removal Fill Permils\26654-RF .doc
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JOINT
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PERMIT ApPLICATION FORM
THIS APPUCATlON WIll MEET THE REQUIREMENTS OF BOTHAGENCtES
US Army Corps
of Engineers
Portland District
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~; Corps Number
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2.002 - 000'2.'1-
Oregon Division of State Lands Number 2(" (,,5'-I-RI=
SEND ONE SIGNED COpy OF YOUR APPLICATION TO EACH AGENCY,
District Engineer
AnN: CENPP-oP-GP
PO Box 2946
Portland OR 97208-2946
503-808-4373
State of Oregon
Division of State Lands
775 Summer Street NE
Salem OR 97310-1337'
503-378-3805
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business phone #( 541) 302-4855
.home phone #
<D AppticantName
and Address
Larry Alberts
4710 Village Plaza.Lp, Ste 200
Eugene, OR 97401
.0 Co-Applicant
.. Authorized Agent
o Contractor
Name and Address
Consultant: Nancy HOlzhauser
Environmental Solutions LLC
2540 Pierce St., Eugene, OR 97405
FAX#(541 )302-4899
business phone #( 54:J.'l?,i3-6;;;l;;.
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nome P~Qfi't~ # .....
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eFAX.# ". . ......
(5tn~. 338-7Q76
Property Owner
(If dlfferent than applicant)
Name and Address
"'-"'LLLr
OUSlness ~none 11
home phone #
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PROJECT
LOCATION
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Legal Des!;Ii~on . .
Section .~q't'~hiP. ..... Ran"a...
34 ..1;7.. 0 No~.. 2' Qmt
.S~tt'".. ..W~~
In or Near (City or Town) County Tax Map # Tax L01"'.
Springfield Lane 17-02-34-33 00600
'Waterway River Mile Latitude . Longitude
",pt-lr>nr'l N/l\ 44"02'30" .123055'00"
Is consent to enter DroDertv granted to the Corps and the Division of State Lands? . Yes a No a With Plior notification
@
PROPOSED PROJECT INFORMATION (see conti~uation. sheet)
Activity Type: . Fill liD Excavation (removal) a I,,"Water Structure a. MaintainlRepair an Existing Structure
.BriefD~scrtption:@...Qn~r.ru(""t-_;nn nr ll-~t-.pr ~t-. ~T'\r. h "'.l.l..plpYI::l~ "W";t-h nr'ivl::l"w";::IYC::
Fill will involve cubic yards annually and/or , , "0 cubic yards for the total project
, "" cubic yards in a wetland or below the ordinary high water or high tide iine
Fill will be a Riprap . Rock . Gravel OSand aSHt o Clay. a Orgonics .Other soil,asphal
Fill ImpC?ct Area is ,} 1..11 Acres; . r:.. n .1' _ length; 1 n n I width; : h 11 ../.. / depth
Removal will involve _ cubic yards annually and lor Q nt, cubic yards for the total project
1 1 1 cubic yards below the ordinory high water or high,'tide iine
Removal will be 0 RiprOD 0 Rock a Gravel 0 Sand 0 Silt 0 Clay 0 Organics e Other . ",,; J
RemovallmDoct Areo is O. 05 Acres; ,,~ r; p" length: width: 1 n" _ ?' depth
Street. Road or other .descliptive location
East ehd of Aster St., off S. 59th
Quorter
SW
Is the Disposal area: Upland? It Yes 0 No
Wetlond I Waterway? 0 Yes . No
Are you aware of any Endongered Species on the project site?
Are you aware of any Cultural Resources on the project site"
Is the project site near a Wiidond Scenic River? a Yes .. No
o Yes . No
o Yes . No
If Yes. pleose explain in the project
description (on page 2, block 4)',
'bint Reli1'oval/Fill Permit Application for Larry Alberts: . 59th and Aster Streets, Springfield, Lane County, OR
~ontinuation Sheels .
;. Prooosed Proiect Information
'ill calculations: .
total project: 6duplexes: 7200 sq ft x 6" deep gravel = 3600 Cll ft
6 footings: 140' perimeter x 2' wide x 2' deep concrete= 3360 cu ft
Aster St: 47' x 132' = 6204 sq ft x IS" deep soil, gravel, asphalt = 9306 Cll ft
Driveways: 330' x 20' = 6600 sq ft x 14" deep gravel, asphalt = 7656 cu ft
Backfill: 2000' x 6' = 12000 sq ft x 6" deep onsite soils = 6000 cu ft
Total fill for project: 29922 cu ft or 11 OS cu yd
In wetlands: Duplexes and backfill: 50 SO sq ft x 6" deep gravel = 2540 cu ft
Duplexes: 220 ft x 2' perimeter for footings x 2' deep concrete = SSO cu ft
Driveways: 700 sq ft x 14" deep gravel and asphalt = S12 cu ft .
Total fill in wetland: 4312 cu ft = 160 cu yd
Total fill area Cac): Duplex buildings, driveways, backfill, and Aster Street: 132' x 275' = 36300sf=0.S3 ac
fill impact area in wetland: 2 Duplex buildings, driveways, backfill: 6000 square feet = .14 ac : ",:,
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Removal calculations: . .
Total project: New drainage swale: 130' x 10' = 1300 sq ft x l' deep = 1300 cu ft:.....
Duplex footings: 140' x 2' =2S0 sq ft x 2' deep = 560 cu ft x 6 = 3360 cu ft
Aster St: same as fill calculations above: 9306 cu ft .' .'.
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Driveways: same as fill calculations above: 7656 cu ft
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Total excavation for project: 21622 cu ft = SOO cu yd ....'
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In wetlands: Duplex: 220 ft perimeter x 2' wide for footings x 2' deep = S80 cu.tl ..
Driveways: 700 sq ft x 14" deep = S12 cu ft (same as for fill)
New drainage swale: 130' x 10' = 1300 sq ft xl' deep = 1300 cu ft
Total excavation in wetland: 2992 Cll ft = III Cll yd
Total removal area (ac): Duplex footings, Aster St., driveways, relocated drainage swale:
. . 240' x 100' = 24000 sf=O.55 ac. . ...
Removal impact area in wetland: 2 duplex footings, .driveways, relocated drainage swale:
2200 sq ft (of which all but 1300 sq ft is duplicated in:fill area): 0.05 ac, of which 0.03 ac is not duplicated in fill
calculations as it is the relocated drainage feature .
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Imoact area in wetlands:
Fill impact area (duplexes, driveways, and backfill) : 6000sq wetland to upland: 0.14 ac fill
Excavation impact area: Excavation for driveways(1620 sf),
duplexes (footings only, 2' deep x 2' wide, around perimeter: 240 lin ft x 2' wide x 2'
deep=960 sq ft) .
: 25S0 sf total or 0.06 ac
Temporary excavation impact: 1300 sfwet prairie (Swale drainage feature):. 0.03 ac
Total permanent impact area: 0.14 ac wetland to upland( involves removal and fill)
Total temporary impact area: 0.03 ac wet prairie with excavation of shallow swale feature (involves removal only)
Page 1
@ : . PROPOSED PROJECT PURPOSE & DESCRIPTION
Project Purpose and Need:
The purpose of the proposed construction project is to construct Aster Street, a public street, and six duplexes in a
manner such that impacts to the existing 0.48 acres of wetland on the 1.3-acre (see conlinuation sheet)
Project Description:
The property is located within the city limits of Springfield, and is zoned MDR (medium density residential) The
. property is a long rectangular. piece, approximately 1.3 acres in size, of which 0.48 acres are wetland and 0.82 acres
are upland. The wetland area is located in the south portion of the property.
Desirn: In order to maximize development potential and still retain a majority of the wetlands, a cluster
development is being proposed, which, per City of Springfield code, allows for more flexible design, including
smaller lots (minimum of2500 square feet), setbacks, and street widths in order to preserve open space and natural
features. As such, the duplexes will be relatively small two-story buildings, thereby minimizing the footprint of the
development and reducing impacts to the wetland in the south portion of the property. The design of the
development is constrained a bit because it needs to be designed around the pre-existing location of Aster Street
across the north portion of the property. Aster Street is a planned public through-street, not yet constructed on the
property, however the right-of-way is owned by the city of Springfield, and as such, it must be retained in its
designated location. (see continuation shee~)
How many project drawing sheets are included. with this application? \ 0 . .
NOTE: A complete application must include drawings and a location map submitted on separate 8'1,X ll:;h~~is.
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Will any materiaL construction debris. runoff. etc. enter a wetland or waterway? 0 Yes .. Nf). . ::::.
If yes, describe the type of discharge (above) and show the discharge location on the site ~1!l~1~"
Estimated Start Date b J , J 03> Estimated Completion Date I Z. / \ / 0 ~
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's' PROJECT IMPACTS AND ALTERNATIVES ... u:.
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Describe alternative sites and project designs that were considered to avoid impacts to the wdf~~ or wetland. . .
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DSL discussion: The landowners have been looking for a relatively small piece ofland within tM~'p'~gfietd city.limits. ~\4.
MDR zoning for several years, as they are limited by the amount of money they can invest, ThS' waS the 0011' !i&rdabt" en'
relatively small piece of land that has been available for MDR ,,~thin the city that they were able to locate. tlecause the
project is impacting less than 0.2 acres of wetlands, no alternative discussion is presented per OAR 141-085-0025 (3)0)..
Corns discussion. see continuation sheet,
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. Describe what measures you will use (before and after construction) to minimize impac!1; to the waterWOY or wetland.
MiniInization of impacts will be accomplished through the design as a cluster subdiVision, .with smaller lot sizes and
driveways in order to minimize direct impacts to the wetland area, . The foundation for the duplex buildings will not
be a concrete slab, it will be a footing, thereby reducing actual soil distUrbance. Construction debris will be
stockpiled in uplands north of Aster Street. All soil temporarily stockpiled will be .stored in uplands north of Aster
Street,. and covered during periods of precipitation. The staging area will be in uplands, (see continuation sheet)
NOTE: If necessary. use additional sheets.
@ ADDITIONAL INFORMATION
Adjoining Property Owners and Their Addresses ond Phone Numbec;
North S. Billings, 40087 Deerhorn Rd., Springfield, OR 97478
East: Walter Renfro, 5975 'Main St., Springfield, OR 97478 (see continuation sheet)
Has the proposed activity or any related octivity received the attention of the Corps of Engineers or the State of Oregon
in the past, e.g., wetionddelineation, violation, permit. lease request. etc.? . YES 0 NO
If yes, what identification number(s) were assigned by the respective agencies:
Corps# fill C'prmit-. n]1mnpr 1Jnk"nown (S. Billings)
WD 2002-0170
State of Oregon#
'dint Removal/Fill Permil Applicationfor Larry Alberts: . 59'" and Aster Streets, Springfield, Lane County, OR
~ontinuation Sheets
:. Pumose and need. continued.
Iroperty are minimized. The property is zoned MDR (medium density residential), and the project proposes to
cccomplish these objectives through design as a cluster development, and retain approximately 0.34 acres (79%) of the
m-site wetland area. This project will help fill the need for affordable medium density residential housing stemmed by
Jopulation growth demands of the Eugene-Springfield area, (there is not much developable property remaining within
he urban growth boundary).
I. DescriDtion. continued.
[he proposed cluster development consists of 2 duplex lots on the north side of Aster Street and 4 duplex lots on the
;outh side of Aster Street. The project has been designed such that the two lots north of Aster Street will be larger
Jecause of the available space, at 6270 square reet each, the twO lots immediately south adjacent to Aster Street will be
3000 square feet each, while the lots south of those two will be larger because they include the retained wetland area,
it approximately 13,200 square feet each. Adesignated open space'area available for use by the residents of this
jevelopment is al-'I-'>u~ately 3000 square feet in size,and located along the west and south portions of the property
Jrimarily in upland with some wetland area .
'J-eneral wetland imoacts: The development has been designed to minimize impacts to the land: the footprint of each
juplexbuilding will be approximately 1200 square reet (which includes a single-car garage). The tW~~\ji1olings llGr.th
)f Aster Street and the two buildings south adjacent to Aster Street will be located entirely~"t!plands. .Tbe south;.. .
1llll1ing portion of the cul-de-sac driveway off Aster Street will be located primarily in upllliw:'iI1d in tb.e"Storma;aip::
~asement in order to maximize efficient use of the land. Only the southern two duplexes Will be constructed in ......
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wetlands; with a footprint in wetland area of approximately 1000 square feet for the westernmost one'l:1/lehlding a ..
aortion of the driveway), 1600 square feet for the easternmost one (includes 1200 square f~~p C1build~~.3'lld 4qQ::::
,quare feet for the driveway), and 300 square feet of turnaround. The access driveways aM.6101\.-de-sliC;.Will be sharro.,
mdhave been designed to be approximately 20' wide, the minimum width allowed with the ~ht;ter deve\Qpmenr,)n
order to minimize impacts to the wetland area. The duplex buildings to the south of Aste~ }jtr~;t have been site~. *::
:Iose to the street and cul-de-sac as possible, in order to minimize impacts to the wetland area to the:Sou1'b. It i~. .. . .
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mticipated that with additional backfill and landscaping, the impacts to wetlands with fill from construction project will
be6000 square feet, or 0.14 acres, or 29% of the wetland area on the property.
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[n~ddition, the exiSting drainage feature that runs east to west across the property (discusSed in full below) will not be
culvert ed, it will be relocated to the south in order to maintain the hydrology for the avoided onsite wetland area This
portion of the project is designed to mitigate for filling of the existing drainage ditch, and will be replanted with native
species (see discussion under mitigation section). As such, it will have a temporary impact to approximately 1300
square feet (0.03 ac) of wet prairie wetland during its construction. By designing the development to minimize impacts
to wetlands while still providing medium density residential housing, approximately 71% of the 0.48-acre on-site
wetland area will be retained.
Based on information from the Hydrogeomorphic (HGM) assessment that was completed for the site (attached), the
on-site wet prairie, emergent, and forested wetland area is:
. functioning at a low level for water storage and delay because ofthe small area that is inundated
seasonally and the shallow depth of inundation,
functioning at a moderately high level for sediment stabilization and phosphorus retention because of the
presence of an area of seasonal inundation, complete vegetation cover during the dry season, and the
lack of impact by compaction and leveling,
functioning at a moderately high level for primary production and support of characteristic vegetation
.
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Page 2
oiht Removal/Fill Permil Applicationfor Larry Alberts: . 59'" and Aster Streets, Springfield,' Lane County, OR
:ontinuation Sheets
because of the two types of vegetation (herbaceous and trees), the complete vegetation
cover during the dry season, and the abundance of native species in both layers,
functiorung at a moderate level for nitrogen removal, invertebrate habitat support, amphibian and
turtle habitat, and songbird habitat primarily because of the presence of two layers of vegetation, trees,
connection to other wetland areas, and some seasonal inundation, however it is limited by the small area
of inundation, the small amount of woody vegetation relative to the wetland size, the lack of downed
woody material, and the small diameter of trees present,
functioning at a low level for wintering and migratory waterbird support because of the lack of
permanent water or mudflats and shallow depth of seasonal inundation,
. not functioning for resident and anadromous fish habitat, thermoregulation, nor breeding waterbird
support,
["he proposed project would not have a significant negative impact on the functions as evaluated above, because the
najority of the on-site wetland area will not be impacted, and all of the features will still be present after construction
}fthe project (emergent drainage feature, wet prairie, and forested wetlands), Only the size will change, with a
'eduction of 29% of the wetland area, The construction involved in relocating the drainage feature in the existing
'ietland will have a temporary impact associated with grading and resulting compaction, although the intensity of
~ompaction is not anticipated to be significant because the construction activity is a one-time activity:;mg:uot a ..... '
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.-epeated event, and revegetation with native plantings win restore the bare soil to a veget~Mi tpnditiQij. .The .....
~onstruction project will have the greatest negative impact on the sediment stabilization ~~Jl~Vsphoros.petentioii::::
imction in the HGM assessment. However the only reference-based indicator negatively1mpacted in this functiou,ji.'
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:he percent of site affected by soil compaction, and this impact is likely to be insignificant since the e~tl!pment will be
Jperating on the wetland to construcuhe drainage feature one time only. This same potoo!ialiplpact q['~ltmite4! 6~i' .
;ompaction during reconstruction of the drainage feature is also associated with the evallWiQu.of th~ Hifrogen remg,val,
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Jrimary production, invertebrate habitat support, amphibian and turtle habitat, and support oftharactewtic vemation
functions in the HGM assessment, however, again, that effect is anticipated to be limited Vi iJit~sity booaUse it is.::::
lSsociated with a one-time activity, and will be limited to the construction area only, The proposed .:on!;fQ1ctiofl.....
!>roject would not change the values of the water storage and delay, wintering and migratory waterbird s~pport, or .
rupport of characteristic vegetation functions. '
Constroction features: The duplexes will be of post and beam construction. Aster Street is a main public through~
>treet, and is specified by the CitY of Springfield to be 36' wide with an additional 5.5' of sidewalk, curb, and gutter
each side, for a total width of 47', . Grading will take place for-the construction of Aster Street, the associated curb,
gutters, and sidewalks, the driveways, and the footings for the duplex buildings. This will include excavation of native
material, fill for the road and driveways of gravel with a final layer of asphalt, and concrete fill for the building footings, '
sidewalks, curbs, and gutters, Temporary impacts will occur from installation of buried utilities, storm and sanitary
sewers. (A stormdrain was installed along the north portion of the west property line in 2002 by the previous
landowner in conjunction with his office building construction project north of Aster Street, per City of Springfield
requirement to accommodate future development in the area, A permit was obtained by the Corps for this activity, 'no
pennit was required by DSL, as the project impacted less than 50 cubic yards of wetland_ The activity occurred prior
to the purchase of the property by the present landowners, Larry Alberts and Dennis Minium),
The proposed staging area for construction of the project is north of Aster Street, in uplands and approximately 200'
from the delineated wetland boundary, The limits of construction along the wetland area in the south boundary of the
construction project are the south boundary ofthe reconstructed drainage feature, The limits of construction in the
wetland area will be flagged and silt fence installed along the construction boundary prior to any equipment entering
Page 3
'bint RemovallFill Permit Application for Larry Alberts: ,59th and Aster Streets, Springfield, Lane County, OR
:ontinuation Sheets
he area to begin work, The limits of construction along the wetland area will be approximately 10' south of their
espective south walls of the two southern duplexes, The limits of construction during excavation of the drainage
eature in the wetland will be the southern boundary of the new graded bank This area will be flagged prior to
:xcavation of the feature, and impacts will be limited to the channel bottom and sides only,
:-he source of fill material associated with the building construction (including backfill material) will be on-site.
:-he gravel and asphalt used in the construction of Aster Street and the driveways will be from a local source,
'\.ccess for heavy equipment used to complete the construction will be from Aster Street, west adjacent to the property,
/oJI stockpiled material, consisting of removed dirt from the excavation of the street, driveways, and footings, will be
;overed during periods of inclement weather, and stored on the staging area described above, away from any wetland
lfea, There is no anticipated need for disposal of excavated material, as it is all planned to be used on-site,
;onstroction imDact.~: The upland area impacted by the proposed development is an abandoned field/pasture,
iominated primarily with, nonnative grasses and forbs including tall fescue (Festuca arundinacea), cats ears
Hypochaeris radicala), and Queen Anne's lace (Daucus carota), The portion of the wetland area impacted by the
Jroposed development is a palustrine emergent wetland dominated with native western buttercup (Ranunculus
Jccidentalis) and nonnative colonial bentgrass (Agrostis tenuis): A shallow intermittent stream/drain~geoJootureo€~'th
Ippears to actually be an old shallow (6-12" deep channel) drainage ditch based on review:df!Ue his\()r.i..~erial p~~t!>,s
md its very straight alignment) approximately 135' long will also be impacted by the proPSml peveloJMtent: it is ',,'
ocated where the two southern duplexes are planned to be constructed. The two southemroost duplex l~ts win ~t
~ntirely be located in the north portion of the wetland area. Construction ofthese two duplex buildi~gs 'and associMed
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iriveways will impact approximately 0.11 acres of wet prairie wetland and 0.03 acres of eJpttgt:nt wet~d (the,lJ~~'
lrainage feature described above), It is anticipated that only a minimal amount of gradin~~ pe required on th~ ",.,:.."
;ite, as it is fairly level: perhaps up to 6" across the uplands and impacted wetland,area in orcl'& to achiivi the', '
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lecessary grade for construction of the buildings and driveways. It is anticipated that AsWS1feet,lot~ted in upl~d~,
;vii! require an excavation of 18" total to achieve the required base, ' : ,.., ' .... '
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[he total impact to the on-site wetland associated with construction will be excavation of the foundation footings for 2 .,
luplex buildings and for the driveways; grave~ asphalt, and concrete fill for the footings and driveways (including the '
:ul-de-sac); a shallow layer of gravel fill placed over the bare dirt under the duplex buildings within the footings'
Jerimeter; and backfill (using soil from the site), resulting in a total impact of 0.14 acres of fill in palustrine emergent
md wet prairie wetlands. The two south duplexes are 'sited such that the drainage feature that runs east to west across
he site will be directly impacted with fill, The drainage feature will not be culverted, Instead, a new shallow channel '
vith the same topography as the existing one (10' wide and l' deep) will be constructed to the south ofthe
levelopment in order to continue to provide open drainage across the property, In this way, the hyd~ologic character
md functions that the open waterway provide will be maintained.
[he proposed open space area, as required with a cluster development, will be used for passive recreation, and is
Jartially in wet prairie along the west property line, and forested upland and wetland along the base of a steep hill on.
he south adjacent property, The upland forested area is dominated with bigleafmaple (Acer macrophyllum) and
)ougJas-fir (pseudotsuga menziesiI) in the overstory and ivy (Helix hedera), blackberry (J?ubus discolor and R
Irsinus), and western buttercup in the understory, The forested wetland area is dominated with an overstory of
)regon ash (Fraxinus latifolia) and an understory of camas (Camassia quamash) and western buttercup, The
lvoided wetland area (including the open space) includes 0.23 acres of wet prairie as described above, and
lpproximately 0,11 acres of palustrine forested wetland. None of the forested wetland will be impacted with the
Page 4
';i,lt Rem~val/Fill Permit Applicationfor Larry Alberts: .59'1. and Asler Streets, Springfield, Lane County, OR
~ontinuation Sheets
roposed development.
fvdrolovcal Characteristics and Imaacts to Hvdrolovv wilh Prooosed Proiect. The existing wetland on the site is
'art of a larger palustrine emergent and forested wetland that ex"tends along the base of Potato Hill for 'at least 1000'
loth to the east and west of the property, based on information from the Springfield Local Wetland Inventory
refer to delineation report for partial map of Springfield L WI). It appears that most of the water source for this
vetland area is drainage off Potato Hill and upslope properties, the majority of which are in single family residential use
vith large lots that stretch from Main Street back to the hill. The primary sources of hydrology appear to be from
:urface flow associated with precipitation in winter <l.lld groundwater in all seasons. An intermittent stream/ditch 6"-
. 2" deep and I 0' wide runs across the subject property from the east adjacent property, into a storm area drain at the
vest end of the subject property near S. 59th.
["he anticipated effects to .site hydrology with construction of the proposed development potentiaIly include a slight
eduction in surface flow from the north into the wetland because of the routing of runoff from the development along
;urbs, gutters, and into the stormdrain system. However it is my professional opinion that this is not anticipated to
lave a major negative effect on the hydrology of the existing and retained wetland area, as it appears that most of the
lydrology source that feeds this wetland area comes from surface runoff from the east and south and from
.. .
~oundwater, neither of which willlikeiy be significantly effected by the proposed project. Potential:ith~s to. rut! .. .
lydrological character of the on-site wetlands have been minimized with design of the de~~ro~Pllent ~achothat t~~:: : .
najority of the wetland area is avoided. In addition, the drainage feature that enters the l!iGjieily froMtne eastw!Urlot
Je culverted under the development, it Will be reconstructed to the south Such that site h1drology wiJl b~ mainta.htt!d,:
md water will be allowed to spread across the retained wetland area as it does at the prespnt time.:..... ..
....... ......
. '. . .... ..
... . .. ..
... ."
Threatened and Endnnffered Svecies: The site visit for the wetland delineation was condtlt;eO:March 11, 2002 tJ~...
:-Janey Holzhauser of Environmental Solutions LLC, an ecologist experienced at conductjpiv~ld suI"~.and ......
lssessments for rare plants and animals. The site visit included a complete plant surveyooi\.g.t'he intUitNe metoo"...
. .....
[he timing was prior to the blooming period for Bradshaw's lomatium (fAJmatium bradshawii, F edt!J;i'd.AI1d State...
:'-isted Endangered), however, it has a fairly distinct leaf and the timing of the site visit coincided with the vegetative.
~owth of this species, based on observations oflocal reference sites, The site visit was conducted too early to observe
legetative and flowering features for Willainette Daisy (Erigerondecumbens, State and Federal listed Threatened) and
I bit early to observe the vegetative state ofKincilid'sIupine (Lupinus sulphureus, State and Fed~rallisted threatened),
Jased on local reference site observations. .The observed soil throughout the wetland and upland area was a thin layer
)fsiltY clay loam/loam to a depth of4" over a layer of gravelly sandy loam to.10-12", with a clay loam below that to at
east 18", the bottom of the soil pits. The southern, wetland portion of the property is mapped as Courtney gravelly
;ilty clay loam on the National Resource Conservation Service Soil Survey for Lane County. This soil type is not
ypically associated with the three rare plant species listed above, as those are typically associated with poorly drained
;ilty clay/clay soil types such as Bashaw clay, usually in soils with no rock. As such, it is my professional opinion that
t is unlikely that any of the three rare plant species listed above are present on the property. The Oregon Natural
'leritage Program was queried for a listing of observed sightings of rare plant and anima1 species in the project vicinity,
l.lld no sightings were documented within I mile of the property. The documented sightings of Lomatium bradshawii,
4ster vialis, Erigeron decumbens, Cimicifuga elata, and Horkelia congesta were all from 2-10 miles from the site. A
Jlant survey completed for the site has been included with the Supplemental Information section.
A.rcheolm!v: No archeological investigation has been conducted on the property, and I am not aware of any known
ll"cheological sites on the property.
Page 5
,
Joint Rem~val/Fill Permit Application for Larry Alberts: . 59th and Aster Streets, Springfield, Lane County, OR
-':ontinuation Sheets .
Vavifmtion. fishinz, recreation: The wetland area on the property is in private ownership, and does not receive
lavigational,' fishing, or recreational use.
4diacent land and uses: Adjacent land and uses include multifamily residential and Aster Street to the west, single
'amily residential, a doctor's office, and Highway 126 to the north, single family residential with a large lot and pasture
o the east, and a vacant steep hill t~ the south timbered with primarily Douglas-fir, referred to locally as Potato Hill.
3. Corns discussion. Alternative sites and deSil!:ns. continued.
fhe landowners have been looking for a relatively small piece ofland within the Springfield city limits with MDR
ooning for several years, as they are limited by the amount of money they can invest. This was the only affordable and
.'elatively small piece ofland that has been available for MDR within the city that they were able to locate.
Jther alternatives considered for design of the project include:
I) No Irnoact: design a traditional duplex development with 4 lots, minimum lot size of 4500 square feet, with
no impact to wetlands. Although this alternative results in no impact to wetlands, this was considered least
preferred due to. the low return on the investment. In addition, this alternative would meet the
development/zoning goals for this parcel at a relatively low level, with only 50% of the property used for
development.
. .
2) Moderate Imoact: design a traditional development with 5-6 lots, minimum lot size of 45CV~~ttare f~~ ~h
. . . ..., .. .....
an lIllpact of 0.3 acres to the on-sIte wetlands (63% of the wetland area). This alteCla11-.e, wlJile.~ill pn,:;,l:mlJg'
some wetland area, would require greater mitigation costs, and would likely invol~iostalling.a culvert fohlle
drainage feature because of the larger area of impact associated with excavating if drainage featu_e in tht:.: .. :
remaining emergent and forested wetland area. As such, this would have a negative iulpact tJ.; th~ hydJ;Q~~
and other functions of the wetland by removing a large part of the upslope water St!JtlfC@ for tq~ reinainDlg. .. .
wetland area. ..:.W: . ....
3) Moderate Imoact: design of a cluster development with 8 duplex lots, with an wm of 0.3 ~.es to. .....
wetlands. This alternative, while still preserving some wetland area, would requir<;)g..dter ~li&~tion c~I!~~d
. would likely involve installing a culvert for the drainage feature for the same reason as descrlUt:d in. 2) abt1'M. .
As in 2) above, tllls alternative would have a negative impact on the hydrology and other functions of the
wetland by removing a large part of the upslope water source for the remaining wetland area: .
4) Full Irnnact:: design a traditional development with 7 lots, minimum lot size of 4500 square feet, with full
impact to wetlands, Although this alternative results in the highest development and better meets the zoning for
the property, it is not realistic because of the total impacts to emergent and forested wetlands, and is counter to
the mitigation requirements ofDSL and the Corps, which include avoidance and minimization of impacts to
wetlands as top priority design criteria. In addition, this alternative would require greater mitigation costs, and
would likely involve installing a culvert for the drainage feature which would have a relatively great negative
impact on the hydrology and other functions of the adjacent wetland area by changing the hydrology to be more
flashy with higher peak flows since the absorptive property of the onsite wetland would have been removed
through its development. This alternative would also likely result in an increase risk of flooding to upslope
properties to the east as the fill for the development would be higher than the grade, and may cause high waters
to back up upslope.
5. Measures to Minimize Imnacts. continued.
:hereby limiting potential impact to the wetland from leaks. Equipment will be inspected for leaks and repaired as
uecessary prior to operating in the wetland area. Silt fence will be used to demarcate the limits of construction along
che wetland area; this will be installed prior to the onset of construction activities. All disturbed areas will be reseeded
with an erosion control seed mix consisting of native grasses (see attached). The reconstructed stream channel will be
Page 6
joint Removal/Fill Permit Applicalionfor Larry Alberts:. 59'h and Aster Streets, Springfield, Lane County, OR
ContillUation Sheets
10' wide and I' deep, with no steeper than I vertical: 4 horizontal slopes. The reconstructed channel will be seeded
with the same native grass seed mix mentioned above (see attached). The portion of the reconstructed channel along
the east property line will be planted with willows and may require class 100 riprap, in order to stabilize the (shallow)
bank; the channel will only be 6" - I' deep and the gradient is so flat that it is anticipated that even during peak flows,
discharge will be limited to 1 '/second, according to Branch Engineering (the gradient from S. 64th to S. 59th is less than
I%} .
Stormwater off the paved surfaces will be pretreated within the system with a dual chambered catchbasin, likely with an
oil/water separator and filter mechanism per City of Springfield regulations. In addition, annual maintenance will be
performed on the in-system catchbasin in order to ensure peak performance, per Springfield regulations.
6. Adioininl! Pronerrv Owners. continued
West: Velma Goldsmith, 2193 Elysium, Eugene OR 97401
Clark Hall PO Box 716, Winchester, OR 97495
Chung Jin Plummer, 233 S. 59th S1. Springfield, OR 97478
South: Alberts Development LLC, 2660 Edgewater Dr., Eugene, OR 97401
.'
. .
...... .....
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.... .....
. . ....
. . . . ......
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...... o.
.
. ......
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...... o.
.
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o. . . o. o.
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o. .
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o. o. ......
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Page 7
,.
'ft)
Crrv! COUNTY' PlANNING DEPARTMENT AFFIDAVIT
. (to be completed by locol plonninQ officiol)
? This project is not regulated by the locol comprehensive plan and zoning ordinance. .
)
OThiS project has been reviewed and is consistent with the local comprehensive plan and zoning ordinance:
OThis project has been reviewed and is not consistent with the local comprehensive plan and zoning ordinance.
ct> Consistency of this project with the local pianning ordinance cannot be determined until the following local approval(s)
ore obtained:
o Conditionol Use ADproval
o Pion Amendment
o Development Permit
o Zone Change
o Other
f\~v-. - G"\l\' Llca:.1\Ov'\ ",,-J\?YVi \\.-eel- 1'\~l-; UJ03
An application IZ1 has (6\ has not b.een made for local approvals checked above.
-11HLv{ Ql11nU-t .
SignahJr~f local planning official)
tV/(...JJ\J/l.P rl
Trlie
';0 CUl\'fA,';~rl
coY I Cou
tf!) e;
:'.OMf!
.....
. .
.....
... .
. .
....
......
<ID
....
C Z c.......
OASTAL ONE ERTlFICATlON. . .. .. .
If the proposed actMty described in your permit application is within the Oregon coastal zone, the following t;:~~on is requU'~
before your application can be processed. A pubUc nonce wlll be issued with the certification statement which will be fOl'Worded to th~,Qr~
Dep_,;" ,~, .. of Land Conservation and Development (DLCD) for its concurrence or objection. For additionQnnt,,7mation ono!>leOregO{l~Q,""al
Zone Management Program. contact the department at 1175 Couit Street NE. Salem. Oregon 97310 or call !;m..~7~; . . .. .
...... .
. . .
..
_ . CERTIFICATION STATEMENT .... ._. . ...... . ....
I certify that. to the best of my knowiedge and belief. the proposed activify described in this app~'i~~rfcompliM ~ the apP'''.~
Oregon Coastal Zone Management Program and will be completed in a manner consistent with the program. . : .... . . . .
....
..
Prtnt/Type Name
. rifle
Applicant Signature
Date.
"-
@ SIGNATURE FOR JOINT ApPUCATlON
(REQUIRED)
Appfication is hereby made for the activmes described herein. I certify that I. am fammor with the information contained in 1tle
application. and to the best of my kno'Wledge and belief. this information is true. complete. and accurate. I further certify that I possess 1tle
authoritylndudjng the necessary requisite property interests to l... .~.;;...; ......~e the p. _~...."".;;..~ activities. I understand thatthe granting of other perrnl'h;
. by locoL county. state or federal agencies does not re~ase me from the requirement of obtaining 1tle perrT1fts requested before commencing
the project. I understand that local permits may be required before the state removal-fill pernt is issued. I understand 1tlat payment of 1tle
required state processing fee does not guarantee permit issuance.
(cooppliconf)
nile
(Cooppficonf)
dz... -O~-O.3
Date
I certify that I may act os the duly authorized agent of the applicant.
[y-:hf1.'- C, /{'1 111 j a./lY1
PrtntfType Nome
Tille
+v2'_~~
Authorized Agent ?ignature
2.S--U3
Dote
SUPPLEMENTAL WETlAND IMPACT INFORMATION'
(FOR WETlAND FIlLS ONLY)
Site Conditions of impact area.
Impact area is 0 Ocean 0 Estuary 0 River 0 Lake 0 Siream
lD Freshwater Wet1and
Nole: Estuarion Resource Replacement is required by state law tor projects involving.lntertidal or tidal marsh alterations.
A separate Wetlands Resource Compensation Plan may be appended to the application,
Has a wet1and delineaiian been completed for this site? . Yes 0 No
If yes, by whom: Nancy' Holzhauser of Environmental SOlutions
2540 pierce Street
Eugene OR 97405wD ~ 2002-0170
Describe the eXisiing physical and biological character of the wetland/waterway site by area and type of
resource (use separate sheets and photos, if necessary)
The wetland area was delineated in a Wetland Delineation Report completed by Environmental Solutions LLC in
. March 2002, at the request of the previous landowner, Steve Billings. The report received concurrence from DSL
in April 2002 (WD # 202-0170). A total of 0.48 acres ofwetl;md was delineated on the property in this wetland
delineationreport. The delineated wetland area runs along the base of Potato Hill. The north pOIJion. consists of
approximately 0.37 palustrine emergent wetland (wet prairie and shallow drainage feature) and th~.soUih po~j~K .
consists of 0.11 acres of palustrine forested wetland. The wetland area continues off tfi~. si{(!botl1, t6"rtle eas, omd. 50
the west. The doininant vegetation in the emergent wetland area is western buttercup (Rtmllflculus. occidentalis~ . .
.
FACW), colonial bentgrass (Agrostis tenuis: FAC), and camas (Camassia quamash:F!\CW). Too fOiested ..:..:
...... ..
wetland area at the base of Potato Hill, has an overstory dominated with Oregon ash (F/;,axi/1US latifolia: F ACw;j..
and an understory dominated with western buttercup and camas. . . .. : : .. . . . . . . .
....
....
......
. . . . .-
A shallow intermittent stream/ditch approximately l' deep and 10' wide runs from east ({~~ hmtimJrtttrJll sheeO....
.. . : -. .... ......
' ... ... . .
Resource Replacement Mitigation . .': .... ....
Describe measures to be taken to replace unaVOidably impacted wet1and resources .. ..
Wetland mitigation for this project has been accomplished through design of the project with the goals of avoidance
~d minimization of wetland impacts. This has resulted in a minimization of areal impact to the on-site wetland area
and retention of the primary features of the wetland. The hydrological characteristics of the on-site wetland have been
maintained through relocation'ofthe drainage feature that allows for upslope drainage and spreading of water across
the wetland site, an additional form of mitigation for potential impacts from the proposed constniction project: The
project has been designed such that the only unavoidable impact to the onsite wetland is fill at the "very north end of the
wet prairie component, amounting to a loss of approximately 0.14'acres of the 0.48-acre on-site wetland area.
Compensation for this unavoidable impact to the on-site wetland is proposed to be through purchase of credits at an
approved mitigation bank, most likely the Amazon Creek Mitigation Bank owned by David Jampolsky. The temporary
impact associated with the relocation of the drainage feature (amounting to 0.03 acres: 130' long and 10' wide) within
the existing wetland, was determined to be a temporary impact since it does not result in a permanent loss of functions
for the on-site wetland compared to pre-construction conditions, per the HGM assessment.
Avoidance of impacts was not considered possible without severely compromising the financial return and development
needs for this MDR property (see discussion of No Impact alternative). Minimization was accomplished by keeping
the development at the very north end of the property, which maintains 71% of the on-site wetlands as a contiguous
piece adjacent to a forested hill that will most likely not be developed in the future due to its steepness, and by also
maintaining an open drainage feature, although in a new location, to allow upslope waters to drain downslope as they
do.at the present time, and also to allow the water to (see conlinuation sheet)
. Because this Informotion is not necessary for a complete application, you moy submit this sheet and other environ-
mental Information aHer submiHing your applicaTIon.
-;irdRemoval/Fill Permit Application for Larry Alberts: , 59'h and Aster Streets, Springfield, Lane County, OR
:ontinuation Sheets
liolOl!ical and Phvsical Character of Wetland. continued.
J west across the north portion of the palustrine emergent portion of the wetland area. Water was running in the
hannel at the time or the site visit (March 2002), and the channel and its banks were vegetated primarily with birdsfoot
'~ttercup (Ranunculus orlhorhyncus: FACW), tufted hairgrass (Deschampsia cespilosa: FACW), and water
hickweed (Jvfontiafontana: OBL).
:he soil samples throughout the wetland area are primarily gravelly silty clay loarns similar to the description of
:ourtney gravelly silty clay loam. The observed soils in the wetland area had a color of 10YR 2/2, with a silty clay
Jam surface layer over a gravelly silty clay loam layer at about 6", over a clay loam layer at about 13". Observed
'ydric soil characteristics in the soils in the wetland area included common distinct mottles in the top 10" of the
urface.
.
)bserved indicators of wetland hydrology during the March 2002 site visit were inundation and/or saturated soils in
he upper 12" of the surface in the wetland portions of the site. The drainage channel was inundated to a depth of6"
end flowing to the west. The wetted width was approximately 4'. The forested wetland area in the far south portion of
he site was either slightly inundated or had.saturated soils and standing water in the top 10" of the surfaie. The source
. '-' ...... .....
lf hydrology for the wetland area appears to be primarily from surface runoff and precipi!::l1jQp.. The' drainage f~~
:arries water from the upslooe properties to the east across the site to the west. . 00.0 000000 000000
. . ...... .... ....
o
. ......
\ stormdrain system was constructed along the north portion of the west property line in early surruoe~ ~02, by tOO 0
lrevious landowner prior to Subdividing the larger parcel and selling it to the present lando~wpers. Tbi~ fPJlstrueriprr:
nvolved excavating a ditch to place the pipe, which ends in an area drain in the middle of rt:1\: sllallow.ditch at t1ie PRrJ:h
:nd of the on-site wetland. In conjunction with the installation of the stormdrain, additiOli3.J:iiea was graded, i.J:Jctuding
,shallow grading to the swale and the portion of the wetland north of the swale, anticipa~t~:be aPli~<Wmatelyo!500
:quare feet of wetland area. Nancy Holzhauser of Environmental Solutions LLC, who hatl'cNnpleted taft delinootioD;
... ....
:onducted a site visit on January 9, 2003 in order to assess the extent of grading, and it appears that th!:"ttlp 1-3" was
mpacted along the western portion ofthe swale/ditch and the western portion of the wetland north of the swale/ditch,
lowever the Rammculus occidentalis, R orlhorhynclms, Montia fonlana, Camassia quamash, Agrostis tenuis, and
';'estuca anmdinacea were coming back much as they were observed during the March 2002 site visit for the original
lelineation report There were some camas bulbs at the surface at the far east end of the wetland area. No fill appears .
o have been place on the wetland area, it looks like the grader was used to smooth the disturbed area impacted during
:onstruction and installation of the stormdrain system. There is no apparent change in topography compared to the'
)bservationS from the March 2002 site visit. A soil profile was taken With the January 9 visit, and the observed soils
Nere gravelly sandy loam in the top 12", the same as observed with the March 2002 site visit, with the top 2-4" of silty
:lay loam observed on the March 2002 visit absent. The swale/ditch is still 6-12" deeper than the surrounding grade,
md 10-20' wide, as it was observed in the 2002 site visit. It appears that the majority of grading occurred on the
Jpland area at the north end of the property, based on reduced vegetation (it was previously a grass field) present.
\fo wetland features are mapped on the site in the NWI, however two palustrine forested features are mapped east and
Nest adjacent to the site (refer to wetland delineation report). A palustrine emergent and forested wetland is mapped
lCroSS the south portion of the site on the Springfield Wetland Inventory map (refer to wetland delineation report).
Resource Reolacement Mitil!"ation. continued.
;pread across the wetland area instead of being rushed off the site through a culvert. In addition, by using a cluster
jevelopment design, impacts to the onsite wetlands are minimized since development is more compacted in as much
Jpland area as possible, enabling more wetland area to be retained for open space while accommodating a greater
Page 8
Ji~t Rern;val/Fill Permit Applicationfor Larry Alberts: . 59th and Aster Streels, Springfield, Lane County, OR
:Jntinllation Sheets
Imber of housing units than with a conventional development design.
he upland area at the south end of the property is a forested upland that is not realistic for use as an on-site wetland
-eation rrutigation project without severely compromising its present functions for wildlife habitat and vegetation
!versity_ In order to develop it into wetlands, grading or some other mechanism would have to be used to increase
ooding or near-surface saniration, to the point that the upland trees would likely be killed. These trees are bigleaf
laple, white oak, and Douglas-fir that are up to 60' tall and 12" dbh, and provide a valuable wildlife habitat function_
.dditional upland in the nonh portion of the site is not realistic for use as a wetland creation mitigation project because
f constraints provided by the soil type, hydrology, and topography_ In addition, most, of that land will be used for the
evelopment, and all available vacant land will be the small yards for the duplex and therefore not practical for use as a
letland mitigation site.
'he property owners do not own other land within the area that is suitable for use as a mitigation site. Vacant land
ontaining wetlands and potential uplands that could be used to create wetlands is present within I mile to the east and
,est of the site, however it is all in private ownership and no pieces are for sale at the present time. I have contacted
lther wetland consultants in the. area (Pat Thompson and Ann Christiansen), the McKenzie Watershed U:lUncil, and the
.1cKenzie Trust, and none are aware of excess land available for mitigation associated wit~,Cl\her prtJjects nor Qt:::'
mgoing wet prairie restoration projects suitable for payment in lieu within the McKenzie~atlifshed., :::: ' ..:..:
..
......
3ecause the permanent impacts to wetlands are relatively small with the proposed projec{ (29% or 0: 1 ~,;," of tlie (j: ~8
IC of onsite wetlands), and because there are no opportunities for onsite mitigation or mi~ga!w,n witml!,1, ~Ie G~ }1l8:
;ite, mitigation for unavoidable impacts is proposed through purchase of 0.14 credits from'<fl1 appro"e<2.mitigatib'n t>~
",hich has a service area that includes this project; as such, it will most likely be the Amaio& I::reek Wetland Mitiiatron
3ank_ ...... ....... .....
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Page 9
"...\.
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Division of State Lands
. Compensatory Mitigation Form
(revised 5/4/96)
the permit involves multiple compensatory mitigation projects at different locations
en use a separate sheet for each location. Please be sure to complete Item #1 and the
and total acreages for impacts and mitigation, Items #2 and #3. Give breakdowns by
lwardin class onlv if known.
using a wetland mitigation bank, please provide written proof of use from the bank
,erator and check the mitigation bank box below. Complete only Item #1 if using a
:tigation bank.
Larry Alberts.
(Applicant)
/) to /,,9+-P+=
Permit No. (iflmown)
. .....
o
rTIGATION SITE LOCATION
....
o 0
o 0
....
o 0
....
tigation Site #
......
0
Ama 7.on 0 0 0
0
Range Taxo:(.cto($) ....
0
....
Adjacent Waterway
unty
Section
Township
Lanp
S.G.S. Hydrologic Uriit Code (HUC) No.
......
o 0
..
I'er Basin Name West Amazon
....
. ........ .
o f\rm 7 J')v\ Cl("ef',~: i1Itl-h~~'~t\6q;1k,
Mitigation Bank To ~ Utilized U - .. . . .
E:TLAND IMPACTS
.....
o 0
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.......
o 0
..
......
o 0
..
.... ..
o 0
.. ..
....
o
o
o
... ..
......
o 0
....
What wetland type or types will be filled or converted by your removal-fill project? (Not the
compensatory mitigation project.) .List all of the types. Where "wetland types" are requested on '
thiS form, the Division uses the Cowardinl wetland classification codes found on National .
Wetland Inventory Maps. Below are the most common wetland types. If your wetland type is not
listed, use one of the blank spaces and fill in the appropriate code. Also, indlcate the acreage .
involved for each wetland type you list. Acreages should be listed to the 11100 of an acre if .
. 'bl .. . .
pOSSl .e.
(F=Fill, R=Remove, C=Convert)
Acres _~G:':."~~ Acres .
F R C F R C F R C
?EM 0.14 0.0310R3RB o E2EM
?88 OR3UB OE2SS
?FO o R4SB o E2FO
Acr-es
F
R
o
o
o
J.03 ac are temDorarv imDact. 0.14 ~r ~rp ~prm~nQnr ;m~~r~
Grand Total of Wetland Impacts n 17*
Acres
)MPENSATORY MITIGATION
List all of the wetland types (on the reverse side) that will result from your proposed
compensatory mitigation project by mitigation kind and wetland type, Indicate the acreage
involved for each wetland type you list. .
c
,;, ,
RESTORATION
Acres
Acres
Acres
}PEM
I PSS
} PFO
o R3RB
o R3lJ13
o R4SB
o E2EM
o E2SS
o E2FO
o
o
o
Restoration Total
Acres
-.. .....
ENHANCEMENT
Acres
-onsite for temporary im~act
Acres Acres Acres
IPEM " ""0 UR3RB o E2EM 0
~ . - - o R3UB o E2SS 0
IPSS
IPFO U R4SB o E2FO 0
Enhancemerit Total 0.03 Acres ... -
. .
. .
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Acres
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1,;,;1. .
D....
. .
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Acres
Acres
!PEM
:PSS
PFO
OR3RB
OR3UB
o R4SB. .....
o E2EM
o E2SS
OE2FO
'-
Creation Total
Acres
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. .-
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. GrandTotal of Wetland Mitigation 0.17* . Ac~e' ..
*Pl1rcha,,,e;'f 0 14 ac credit.s from f'tYVLQWV\. evedvV\AA-h"9ct-kCly\ ba..1\.1G .;
Is pan or all oftne compensatory mItIgatIOn project'Eate-a pfibr convened croplanC1, a rilrnied
wetland or a former wetland that is now upland? If known, state which type below: .
No.
Ifan upland buffer is proposed, please give average width and type:
Width (ft.) Acres .
Forested
Scrub/Shrub
Herbs/Grasses
Buffer Total
Fom completed by .:tIP!.lNj ,,/.LJ--;,
l(S~
n Acres
flWtUL t.bIVuu~
~rinted Name)
owardin. ClassificatiOIl ofW~thnds and neeuw::lter Ihhltat.c: "ftb", Uniterl. States, 1979.
're2'on Division of Stat.e l..auds. Wetland Inventnrv Use--;.~ Guide 1990.
- ,
l/'&1103
, (Date)
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fDmitfr:m.,doc
'Joini Removal Fill Permit Application.
Aoolicant: Alberls, at S. 5!l" and Aster Streets
SUDDlemental Infonnation
Concurrence Letter from DSL
Figure 1: Site Location Map
Figure 2: Wetland Delineation Map
Figure 3: Alternative 1 .
Figure 4: Alternative 2
Figure 5: Alternative 3
Figure 6:. Alternative 4
Figure 7: Alternative 5
Figure 8: Cross-Sections
Figure 9: Pre-Construction Drawing with Topographic Lines
Figure 10: Post-Construction Drawing with Topographic Lines
Relocation of Swale: Grading and Planting .
Grading Plan for Relocated Swale
Planting Plan for Relocated Swale
Natural Grass Seed Mixture and Plantings for Relocated Swale
Hydrogeomorphic Assessment: Pre- and Post-Construction
Plant Survey
Springfield, Lane County, Oregon
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C. ~H.;( tJp'j. tII.2.)~
S"l5f A.sT€1<-
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS. PORTLAND DISTRICT
EUGENE FIELD OFFICE
1600 EXECUTIVE PARKWAY, SUITE 210
EUGENE, OREGON 97401-2156
REPLY TO
ATTENTION OF:
March 11, 2003
Operations Division
Regulatory Branch
Corps No. 2002-00024
Mr. Larry Alberts
4710 Village Plaza Loop, Suite 200.
Eugene, Oregon 97401
Dear Mr. Alberts:
The U.S, Army Corps of Engineers (Corps) has received your permit application requesting
Department of the Army authorization to fill 0,14 acres of wetland to extend Aster Street %lnc1 nmstrqc;1"..
six duplexes with driveways. The project is shown in the enclosed drawings (Eoc.l.,sure Ij. The ..:...
. . ....
project is located in Springfield, Lane County, Oregon, .. . .....
......
. .
..
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.
. ......
This letter verifies that your project is authorized under the terms and limitations oflSfaliodrowide ....
Permit No. 39 (Residential, Commercial, and Institutional Developments). Th~ CQ~s und'eri'L~Qds tht~:..:
property is part of a larger parcel that was recently subdivided. For purposes on~~.<;orps.r";".iew of .. .::.
nationwide permit thresholds and the cumulative impact analysis, we continue to"\:it'w all parcels as ..
. . .... .
part of the angInal property. ..:_ _: .. .... ....
.. .. ......
. .. . .
... ....
Your activities must be conducted in accordance with the conditions found in Regional CMttlitions.
(Enclosure 2), General Conditions (Enclosure 3), and the following project specific conditions:
a. The permittee shall purchase 0,14 credits from the mitigation site prior to the first discharge
of dredge or fill material into the regulated wetlands. A copy of the receipt for the purchase of'
mitigation credits shall be provided to the below address:
U.S, Army Corps of Engineers
ATTN: NWP-OP-G E (Compliance - Lane County)
1600 Executive Parkway, Suite 210
Eugene, Oregon 97401
b. Permittee shall constmct the relocation of the existing swale using an existing stom] drain
easement, so as to avoid impacts to surrounding wetlands. The site will be moderately dry before
grading in order to reduce impacts from compaction.
c. The permittee must retain and replace four to six inch layer of topsoil for the new swale.
Revegetation planting will be done as seeding with native mix immediately following construction and
reseeded as necessary. .
-2-
Section 401 water quality certification from the Oregon Department of Environmental Quality
(DEQ) has not been issued for this nationwide permit. Therefore, this authorization will not become
valid until certification is issued. By copy of this letter, we are notifying DEQ of your proposed work
and thus requesting their certification. The certification will be considered by Mr. Tom Melville,
Oregon Department of Environmental Quality, 811 SW Sixth Avenue, Portland, Oregon 97204-5694.
When water quality certification has been issued, you must provide this office a copy, along with
the conditions of their certification,. The conditions of the 401 certification are conditions ofthis
authorization, Your activities must be conducted in accordance with those conditions as well as those
conditions enclosed with this letter. Your failure to ensure compliance with any of the listed conditions
could result in the Corps initiating an enforcement action.
We also direct your attention to the Regional Conditions (Enclosure 2) that requires the transfer of
this permit if the property is sold and General Conditions 14 that requires you to submit a signed
certificate when the work is completed. A "Compliance Certification" is provided (Enclosure 4).
Failure to comply with any of the listed conditions could result in.the Corps initiating an
enforcement action. This authorization does not obviate the need to obtain other permits ;.vhe~e
required. Permits, such as those required from the Oregon Division of State Lands (ODSLj'nl'ttler
Oregon's Removal/Fill Law, must also be obtained before work begins. <..:' ,....,
....
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, ,
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,
This verification is valid for a period of two years from the date of this'letter unles,s th.. ":' 0:
nationwide permit expires, is modified, reissued, or revoked prior to that date. f.llpation;';idoe'permiJ~o::o
are scheduled tobe modified, reissued, or revoked in March 2007. If you comfQ..l\c~ or areL'h'aer ..'..0
. . ....
contract to commence this activity before the date the nationwide permit expire~:~ roodified or
revoked, you will have 12 months from the date of the modification or revocation to comp.l<<eotl1e
...... .
activity under the present terms and conditions of the current nationwide permiJo' ..' ....
o ..
o 0 ,
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.... ..
o 0
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o
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, ,
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If you have any questions regarding this nationwide permit verification, please contact
Merina Christoffersen at the letterhead address or telephone (541) 465-6882,
Sincerely,
~~rVl~
~awrence C. Evans
Chief, Regulatory Branch
Enclosures
Copy Furnished:
Oregon Division of State Lands (Cary)
Oregon Department of Environmental Quality (Melville)
OP-GP - (Edmonston)
.PTo:l".l;l~
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Street Atlas USA@2003
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1 Delineation Report/or S Billin"s: Aster St.
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Wetland,Delineatian Report (or S. Billings: Aster SI.
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Springfield, Lane Cawfly, Oregan
FIGURE 3: Wetland Delineation
on 2000 Aerial Photo
~'11 Sample points
~l:i~.:. Wetlands
Scale: I" = 100'
Date of photo: 6/4/00
r'ttt?~~.......~~~..f,,"<~::iY-':p- .
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" Joint Removal Fill Permit Application.
, Aoolicant: Alberts, at S 59th and Aster Streets
Springfield, Lane County, Oregon
ASTER STREET ~~ KGUARD RAIL '" PUBLIC. STREET81 FUTURE 36"
-::0157.: - ---=Z/!;f --:i" STORM MIl ~ ,,/OI'OSCD j6" SIORM - - U BY OTHERS
/' I. :1<; RJM.507.31 ~
-5070SIG~n_a:!~ ,/:,0'
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AREA DRAIN 1IJ n ~/.~ / . / ...
RiM=505.75 ~ ~I . ~::~66~;:i ~] 506~ ..: ..::"
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N Et\SiltlG . 'I".so~ - r ~ <--()"o-" . ~SWALE
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JO I '" . . / . J /# . "4' WIRE FiNCE
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JANUARY 30. 2003 ;- ~"",,? ':i ,..-----/
4' WIRE FENCE..-----'" - ./ . ~ I\.....- '""
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y. vo . . "o.o~ /509Ji ~ ;/REVlSED SOUTHERN
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Figure 10 of 10: Post-Construction Drawing with Topographic Lines- Area south of Aster Street
Source: Branch Engineering
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'Je!ineiltio,!.Reporljor S BilIinffs: Aster St.
Springfield; Lane County, Oregon
MCKENZIE HIGHWAY
66,00' . 66,00'
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66.00' 66.00'
N 89"44'OO~ W tJ2.00'
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~LE: 7" - 100'
N 89"44'oo71w 1.12.00'
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ASTER STREET :;.
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REGISTERED I
PROFESSIONAL
AND SURvEYOR ,
"1r
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~-
OREGON )
JULY 16, 1988
oVEN E. WOODS
2365
IAL DATE' 6/30/02
& ASSOCIATES, INC.
f:'
~ CONSTRUCTION
WETLANDS DE LINEA nON MAP
FOR
DR. STEPHEN BILLINGS
LOCATED IN
SW 1/4 OF SEC, 34, T. 175.,R,2W.. w.M.
LANE COUNTY, SPRINGFIELD, OREGON
~ATE: 3/13/02 DRN SY: SEW
lVEYS
321, 321 HOLLY ST
N CITY, OR 97448
2453, FAX 998-1648
FIGURE 2: Wetland Delineation Survey Map
· SP1 Sample points
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BilIin/is: Aster Si.
Springfield,
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west property line looking east up drainage channel. Note how shalll!lw ilie ban1d....:
... ....
are, and tufted hairgrass growmg just along the waterline, .. ..
Page 13
~.
Joint Removal Fill Penn it Application
Applicant: Alberts, at S 59th and Aster Streets
fl----- ~-----_J,
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. Springfield, Lane County, Oregon
0', SO' . ....
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1'=50' 9\f
Scale
Wetland Boundary
Filled swale
o Fill impact area in wetland
. Permanent impact 0.14 ac
in .palustrine emergent wetland
~ Total wetland area. 0.48 acres
A-A Cross sections: refer to Figure 8 of 10
Relocated swale in wetland
Temporary impact 0.03 acre
in palustrine emergent wetland
." ,
Portland District Regional Conditions
(a) In-water Work Windows: All in-water work, including temporary fills or structures, shall occur
between July I and October IS (timeframes are specific to the waterbody). Exceptions to these time
periods require specific approval from the Corps.
(b) Upland Disposal: All excess material will be taken to a suitable upland location for disposal. The
material shall be placed in a location and manner that prevents its discharge into waterways or wetlands.
(c) Heavy Equipment: Heavy equipment shall be operated from the bank and not placed in the stream
unless specifically authorized by the District Engineer. Heavy equipment must be placed on mats or
similar precautions must be taken to minimize damage to wetland resources.
(d) Fish Screening: Fish Screening will comply with standards approved by the National Marine
Fisheries Service or the Oregon Department ofFish & Wildlife, as appropriate.
(e) Cultural ~esources & Human Burials: Permittees must immediately notify the District ErWW':O. if
at any time during the course of the work authorized, human burials, cultural resourc<;,.,.qr historic
properties, as.identified by the National Historic Preservation Act, may be affected. ']jail"~e to st2~:~erk .
in the area of exposure until such time the Corps has complied with the provisions o(!JoJoffR 325,
Appendix C, the National Historic Preservation Act and other pertinent regulations, tould result.in .
. ......
violation of state and federal laws, Violators are subject to civil and criminal penaltie.s. . .
. ..
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.
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(f) Fish Passage: Permittee shall insure activities authorized by nationwide permit ""i!~l'Iet restrict
passage of aquatic life. Activities such as the installation of culverts or diversion struc~s, or ota".
modifications to channel morphology must be designed to be consistent with fish pas's'a~e'ianda;d".'"
.. ..
developed by the Oregon Department ofFish and Wildlife (ODFW) and the Nationiol1 Marine FisIIe,,'es.
Service (NMFS). The standards can be found in the document entitled "ODFW standards and Crii~ri~
for Stream Road Crossings". The streambed shall be returned to pre-construction contours after
construction unless the purpose of the activity is to eliminate a fish barrier.
(g) Riparian Vegetation Protection & Restoration: When working in waters of the United States or
riparian areas the construction boundary shall be minimized to the maximwn extent practicable.
Permittee shall mark and clearly define the construction boundary before beginning work. Native riparian
vegetation will be successfully established along tributaries where the.vegetation was removed by
construction, The plantings shall start. at the ordinary high water mark and extend 10 feet back from the
top of the bank. The plantings must be completed by the end of the first planting season following the
disturbance,
(h) Erosion Controls: All practicable erosion control devices shall be installed and maintained in good
working order throughout construction to prevent the unauthorized discharge of material into a wetland
or tributary, The devices shall be installed to maximize their effectiveness, e.g. sediment fences shall
generally be buried or similarly secured, These controls shall be maintained until permanent erosion
controls are in-place.
Enclosure (2)
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Practicable erosion control measures include but are not limited to the following:
a, Fill is placed in a manner that avoids disturbance to the maximum practicable extent (e.g. placing
fill with a machine rather than end-dumping from a truck).
. b. Prevent all construction materials and debris from entering waterway;
c. Use filter bags, sediment fences, sediment traps or catch basins, silt curtains, leave strips or
berms, Jersey barriers, sand bags, or other measures sufficient to prevent movement of soil;
d. Use impervious materials to cover stockpiles when unattended or during rain event;
e. Erosion control measures shall be inspected and maintained daily to ensure their continued
effectiveness;
f. No heavy machinery in a wetland or other waterway;
g, Use a gravel staging area and construction. access;
h. Fence off planted areas to protect from disturbance and/or erosion; and
1. Flag or fence off wetlands adjacent to the construction area,
(i) Maps and drawings: In addition to.the items required in Nationwide Permit General Cond.ition.s 13,
all preconstruction notifications shall contain maps showing the project location as well as pla:t-~~ and":" .
cross-sectional drawings showing the proposed work. The map(s) shall be of a scare' and detailot~~learly .....
.. . . ....'..
identifY the project location(s), Drawings shall be sufficientin number and detail.t~.a.c.cvratelY'l'~ay ....
the project. : .' ......
.. ..
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.
(j) Bank Protection: Riprap shall be clean, durable, angular rock. The use of o~r lll~lerials sucloas
broken concrete, asphalt, tires, wire, steel posts or similar materials is not authorized.~ Die projet;t ~esign
......
shall minimize the placement of rock and maximize the use vegetation and organic nW~fial such as root
wads to the extent practicable. Riparian plantings shall b~ included in all project de@~unlese:tfi~:.
permittee can demonstrate they are not practicable. The permittee must notifY the ~istI'ict Engine~J; in
accordance with nationwide permit general condition #13 for any activity that includes bank '.:..'
stabilization,
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(k) Inspection of project site: The permittee must allow representatives of the Corps to inspect the
authorized activity to confirm compliance with nationwide permit terms and conditions. Personnel from
the Oregon Department of Environmental Quality and the Department of Land Conservation and
Development are considered to be authorized "representatives" for the purpose of Section 40] Water
Quality qr Coastal Zone Management inspections. For projects on tribal land the Environmental
Protection Agency is considered an authorized representative, A request for access to the site will
normally be made sufficiently in advance to allow a property owner or representative to be on site with
the agency representative making the inspection,
(I) Sale of property/transfer of permit: If you sell the property associated with this permit, you must
transfer the permit to the new owrier(s) and obtain their signature(s). A copy of this permit with the new
owner(s) signature shall be sent to this office to validate the transfer of this permit authorization
1 .;
I.
2.
3,
4.
5.
6,
7.
8.
9.
10.
II.
12.
13,
14.
IS.
16.
17,
18.
19.
20,
21.
22,
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24.
25.
26,
27,
28.
29,
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31.
32,
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36.
37,
38,
39.
40.
41.
42.
43.
44.
Aids to Navigation
Structures in Artificial Canals
Maintenance
Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities
Scientific Measurement Devices
Survey Activities
Outfall Structures and Maintenance
Oil and Gas Structures
Structures in Fleeting and Anchorage Areas
Mooring. Buoys
Temporary Recreational Structures
Utility Line Activities
Bank Stabilization
Linear Transportation Projects
U.S, Coast Guard Approved Bridges
Return Water from Upland Contained Disposal Areas
Hydropower Projects
Minor Discharges
Minor Dredging
Oil Spill Cleanup
Surface Coal Mining Activities
Removal of Vessels
Approved Categorical Exclusions
State Administered Section 404 Programs
Structural Discharges
(Reserved)
Stream and Wetland Restoration Activities
Modifications of Existing Marinas
Single-Family Housing
Moist Soil Management for Wildlife
Maintenance of Existing Flood Control Facilities
Completed Enforcement Actions
Temporary Construction, Access, and Dewatering
Cranberry Production Activities
Maintenance Dredging of Existing Basins
Boat Ramps
Emergency Watershed Protection and Rehabilitation
Cleanup of Hazardous and Toxic Waste
Resjdential, Commercial and Institutional Developments
Agricultural Activities
Reshaping Existing Drainage Ditches
Recreational Facilities
Stormwater Management Facilities
Mining Activities
Nationwide Permit General Conditions
(From the January 15, 2002, Federal Register, Vol. 67, No. 10)
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Enclosure (3) .
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C. Nationwide Permit General Conditions
The folloffing General Conditions must be followed in order for any authorization by an NWP to be valid:
1. Navi?'atirln. No activity may cause more than a minimal adverse effect on navigation.
2. Prover Maintenancp.. Any Structure or fill authorized shall be properly maintained, including maintenance to
ensure public safety.
3. Soil Erosion mid Sediment Contrnls.. Appropriate soil erosion and sediment controls must be llsed and
maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any
work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable
date. Permittees are encouraged to perform work within waters of the United States during periods oflow-flow or
no~flow. .
4. AauQtic Lire Mow!.ments. No activity may substantially disrupt the necessary life-cycle rnovements of those
species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area,
unless the activity's primary pUlpose is to impound water. Culverts placed.in streams must be installed to rr,;tintaill
low flow conditions_ " : .....
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5. E.auivment, Heavy equipment working in wetlands must be placed on mats, or other measurts nllst be ~.
minlTTri7p soil disturbance. : .....
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6. Ref?""ional and Ca~f'.-Bv-Ca.~e Cnnditions... The activity must comply with any regional conditions that ma)% rJ:';e..
been added by the Division Engineer (see 33 CFR 330.4(e)), The activity must comply with~:l' r~pnal conditiDoJo
that may have been added by the Division Engineer (see 33 CFR 330.4( e)) and with any case spUific'conditiaoW.
added by the COIl'S or by the state or tribe in its Section 40 I Water Quality Certification and ct~Zone
Management Act consistency determination " . . . . . .
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7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Sc~c"Itiver Sy9te~..~
in a river offiCially designated by Congress as a "study river" for possible inclusion in the system., while the nw.T'SI'
in an official study status; unless the appropriate Federal agency, with direct management responsibility for such
river, has determined.in writing that the proposed activity will not adversely affect the Wild and Scenic River
designation, or study status, Information on Wild and Scenic Rivers may be obtained from the appropriate Federal
land management agency in the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management,
U.S. Fish and Wildlife Service),
8. "Trihal Rip"Jz.ts. No activity or its operation may impair reserved tnbal rights, including, but not limited to,
reserved water rights and treaty fishing and hunting rights. .
9. Water Ouali~, (a) In certain states and tribal lands an individual 401 Water Quality Certification must be
obtained or waived (See 33 CFR330.4(c)). (b) ForNWPs 12, 14, 17, 18,32,39,40,42,43, and 44, where the state
or tnbal 401 certi.:fication (either generically or individually) does not require or approve water quality management
measures, the permittee must provide 'iVater quality management measures that wilJ ensure that the authorized work
does not result in more than ~'";~, I degradation of water quality (or the COIl's determines that compliance with
state or local standards, where applicable, will ensure no more than minimal adverse effect on water quality). An
important component of water quality management includes s10IIDwater managementthat minimizes degradation of
the downstream aquatic system, including water quality (refer to General Condition 21 for stormwater management
requirements). Another important Component of water quality management is the establishment and maintenance of
vegetated buffers next to open waters, including streams (refer to General Condition 19 for vegetated buffer
requirements for the N'WPs).
This condition is only applicable to projects that have the potential to affect Water quality, While appropriate
measures mUSt be taken, in most cases it is Dot necessary to conduct detailed studies to identify such measures or to
require monitoring.
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10. Coastal Zone Manaf!emen~. In certain states, an individual state coastal zone management consistency
concurrence must be obtained or waived (see 33 CFR Section 330.4(d)).
11. Endan~ered Snecies. (a) No activity is authorized under any NWP, which is likely to jeopardize the continued
existence of a threatened or endangered species, or a species proposed for such designation, as identified under the
Federal Endangered Species Act (ESA), or which will destroy or adversely modify the critical habitat of such
species, Non-federal permittees shall notify the District Engineer if any listed species or designated critical habitat
. might be affected or is in the vicinity of the project, or is located in the designated critical habitat and shaIl not begin
work on the activity until notified by the District Engineer that the reqnirements o[the ESA have been satisfied and
that the activity is authorized. For activities that may affect Federally-listed endangered or threatened species or
designated critical habitat, the notification must include the.name(s) of the endangered or threatened species that
may be affected by the proposed work or that utilize the designated critical habitat that may be affected by the
proposed work. As a result of formal or informal consultation with the FWS or NMFS the DistrictEngineer may
add species'-specific regional endangered species conditions to the NWPs.
(b) Authorization of an activity by a NWP does not authorize the "take" of a threatened or endangered species
as defined under the ESA. In the abs~nce of separate authorization (e.g., anESA Section 10 Permit, a Biological
Opinion with "incidental take" provisions, etc.) from the USFWS or the NMFS, both lethal and non-lethal "takes" of
protected species are in violation of the ESA. Information on the location of threatened and endangered spe..es .~"
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their critical habitat can be obtained directly from the offices of the USFWS and NMFS or their world wide web
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pages at http://www.fws;gov/r9endspp/endspp.htrnl and http;llwww.nrnfs.noaa,gOv/proCreslo""r'le~es.htnt .... .
respectively. ....
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12. Hirton.c ProDerties. No activity which may affect historic properties listed,. or ~1igible for tsting, in the : ... :.
National Register of Historic Places is authorized, until the District Engineer has complied with the provisiOn! of33
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CFR Part 325, Appendix C. The prospective permittee must notiiY the District Engineer if the lIUth~ed activi~"
may affect any historic properties listed, determined to be eligible, or which the prospective p~ti~e.~ redc1Jttb
believe'may be eliglble for listing on the National Register of Historic Places, and shall not be~ ~~aetivity until
.notified by the District Engineer that the requirements of the National Historic Preservation Act i'1~~ ~ien sa~'.
and that the activity is authorized. Information on the location and existence of historic resource.so~Jlt obtainM"
from the State Historic Preservation Office and the National RegisterofHistoric Places (see 33 CFR 330.4(g);: J;~ro 0
.activities that may affect Illstoric properties listed in, or eligible for listing in, the National Register of Historic .0..
Places, the notification must state which historic property may be affected by the proposed work or include a
vicinity map indicating the location of the historic property. .
13. Notification.
(a) l"imine; wbere reqnired by the terms of the NWP, the prospective permittee must notifY the District
Engineer with a pre construction notification (PCN) as early as possible. The District Engineer must determine if the
notification is complete within 30 days of the date of receipt and can request additional information necessary to
make the PCN complete only once. However, if the prospective-permittee does notp~ovide all oftbe requested
information, then the District Engineer will notity the prospective pennittee that the notification is still inCOmplete
and the PCN review process '\ViII not commence. until all of the requested information has been received by the
District Engineer. The prospective pennittee shan not begin the activity:
(I) Until notified in writing by the District Engineer that the activity may proceed under the NWP with any
special conditions imposed by the District or Division Engineer; or
(2) Ifnotified in writing by the District or Division Engineer that an Individual Permit is reqnired; or
(3) Unless 45 days have passed from the District Engineer's receipt of the complete notification and the
prospective permittee has not received written notice from the District or Division Pngineer. Subsequently, the
pennittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the
procedure set forth in 33 CFR 330.5( d)(2).
(b) Contents of Notification: The notification must be in writing and include the following information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location ufthe proposed project;
(3) Brief description of the proposed project; the project's purpose; direct and indirect adverse environmental
effects the project would cause; any other NWP(s), Regional General Permit(s), or Individual Pennit(s) used Or
intended to be used to anthorize any part of the proposed project or any related activity. Sketches should be
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provided when necessary to show that the activity complies with the terms of the NWP (Sketches usually clarify the
project and when provided res~t in a quicker deciSion.);
(4) ForNWPs 7, 12, 14, 18,21,34,38,39,40,41,42, and 43, the PCN must also include a delineation of
affected special aquatic sites,,including wetlands, vegetated shallows (e.g.. submerged aquatic vegetatio~ seagrass
beds), and riffle and pool complexes (see pangraph 13(f));
(5) For NWP 7 (Outfall Structures and Maintenance), the PCN must include information regarding the original
design capacities and configurations of those areas of the facility where maintenance dredging or excavatioz::. is
proposed;
(6) For NWP 14 (Linear Transportation Projects). The PCN must include a compensatory mitigation proposal to
offset permanent losses of waters of the US and a statement descnbing how temporary losses of waters of the US
will be minimized to the maximum extent practicable;
(7) For NWP 21 (Surface Coal Mining Activities), the PCN must include an Office of Surface Mining (OSM)
or state-approved mitigation plan, ifapplicable. To be authorized by this NWP, the District Engineer must
determine that the activity complies with the terms and conditions of the NWP and that the adverse environmental
effects are minimal both individually and cumulatively and must notify the project sponsor of this determination in
writing;
(8) For NWP 27 (Stream and Wetland Restoration); the PCN must include documentation of the prior condition
oillie site that will be reverted by the .t'...~~.~;
(9) For NWP 29 (Single-Family Housing), the PCN muSt also include:
(i) Any past use of this NWP by the Individual Permittee and/or the permittee's spouse; : ... :.
(ii) A statement that the single-family hOUSing activity is for a personal residence of the pernWt".; .
(ill) A description of the entire parcel, including its size, and a delineation of wetlands. FOl"\i1e ~ose cof"tM. .
NWP, parcels of land measuring y.-acre or less will not require a fonnal on-site delineation. H~~~W.the app!iUm
shall provide an indication of where the wetlands are and the. amount of wetlands that exists on Ole property. For
parcels greater QIan ~-acre in size, formal wetland deliileation must be prepared in a~cordance \villi the currerit.. . : .
method required by the Corps. (See paragraph 13(f)); .. .
(iv) A written deseription of all land (including, ifavailable, legal descriptions) owned by tJr<OJOl:~s1>ecti;'e :...
pemuttee and/or the prospective permittee's spouse, within a one mile radius oftheparce!, in an}' i~ ilf owne;"Yp .
(inclUding any land owned as a partner, corporation,joint tenant, co-tenant, or as a tenant-by-the __.';".~j) and anr
. land on which a purchase and sale agreement or other contract for sale or purchase has been exe~d.;. . .... .
(10) For NWP 3.1 (Maintenance of Existing Flood Control Projects), the prospective permi~. mU6t either....'
notify the District Engineer with a PCN prior to each maintenance activity or submit a five year ( or less) :. . . .
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mamtenance plan. In additIOn, the PCN must mclude all of the followmg:
(i) Sufficient baseline information identifying the approved channel depths and configurations and existing
facilities. Minor deviations are authorized, provided the approved flood 'control protection or drainage is Dot.
increased;
(ii) Adelineation of any affected special aquatic sites, including wetlands; anel,
(iii) Location of the dredged material disposal site;
(I]) For NWP 33 (Temporary Construction, Access, and Dewatering), the PCN must also include a restoration
.plan ofreasouable measures to avoid and minimize adverse effects to aquatic resources;
(12) For NWPs 39; 43 and 44, the PCN must also include a writteIi statement to the District Engineer explaining
how avoidance and minimization for losses of waters of the US were achieved on the project site;
(13) For NWP 39.and NWP 42, the PCN must include a compensatory mitigation proposal to offset losses of
waters of the US or justification explaining why COlIlpensatory mitigation should not be required. For discharges
that cause the loss of greater than 300 linear feet of an intermittent stream beel, to be authorized, the District
Engineer mnst determine that the activity complies with the other terms and conditions of the NWP, determ:ne
adverse environmental effects are minimal both individually and cumulatively, and waive the limitation on stream
impacts in writing before the permittee may proceed;
(14) ForNWP 40 (Agricultural Activities), the PCN must include a compensatory mitigation proposal to offset
losses of waters of the US. This NWP does not anthorize the relocation of greater than 300 linear-feet of existing
serviceable drairiage ditches constructed in non-tidal streams unless, for drainage ditches constructed' in intennittent
non-tidal streams~ the District Engineer Mives this criterion in writing, and the District Engineer has determined
that the project colIlplies with all terms and conditions of this NWP, and that ani adverse impacts of the project on
the aquatic: environment are minima~ .both individually and cumulatively;
(15) For NWP 43 (Stormwater Management Facilities), the PCN must include, for the construction of new
stormwater management facilities, a maintenance plan (in accordance with state and local requirements, if
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applicable) and a compensatory mitigation proposal to offset losses of waters of the US. For discharges that cause
the loss of greater than 300 linear feet of an intermittent stream bed, to be authorized, the District Engineer must
detennine that the activity complies with the other terms and conditions of the N\VP, determine adverse
environmental effects are minimal both individually and cumulatively, and waive the limitation on stream impacts in
. writing before the pennittee may proceed;
(16) ForNWP 44 (Mining Activities), the PCN must include a description of all waters of the US adversely
affected by the projeet, a desciiption of measures taken to minimize adverse effects to waters of the US, a
description of measures taken to comply with the criteria of the NWP, and a reclamation plan (for all aggregate
mining activities in isolated waters and non-tidal wetlands adjacent to headwaters and any hard rock/mineral mining
activities); .
(17).For activities that may adversely affect Federally-listed endangered or tJu-eatened species,the PCN must
include the narne(s) of those endangered or tJu-eatened species that may be affected by the proposed work oj- utilize
the designated critical habitat that may be affected by the proposed work; and
(I 8) For activities that may affect historic properties listed in, or eligible for listing in, the National Register of
Historic Places, the PCN must state 'which historic l".I.'-'Z'''';''/ may be affected by the proposed work or include a
vicinity map indicating the location of the historic property, . .
(c) Form of Notification: The standard Individual Pennit application form (Form ENG 4345) may be used as the
notification but must clearly indicate that it is a PCN and must include all of the information reqnired in (b) (I )-(18)
of General Condition 13, A letter containing the requisite information may also be used. .
(d) pi strict Engineer's Decisiog: In reviewing the PCN for the proposed activity, the District Engineer will
determine whether the activity authorized by the NWP will result in more than minimal individual or cumulati..e ,
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adverse environmental effects or may be contrary to the public interest Theprospective t'....u~u::e mal' submi.a
proposed mitigation plan with the PCN to e~\,"pedite the process. The District Engineer will consii~t an~propo~C!t). . .
compensatory mitigation the applicant bas included in the proposal in determining whether the net adverse . '" ,.
enviromnental effects to the aquatic environment of the proposed work are mlT11TTulf lfthe Distri::r.~~gmeer
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determines that the activity complies with. the t= and conditi.ons of the NWP and that the adverse effects on 1ll..,:,
aquatic.environment are minima!, after considering mitigation, the District Engineer will notify the'peqnittee. a1ld
includ~_-~y conditions the District Engineer deems necessary. The District Engineer must appro1le. ~ : :...
comperisatory mitigation proposal before the permittee commences work. If the prospective pe~1t~. is,requin:~'tII
submit) compensatory mitigation proposal with the PCN, the proposal may be either conceptual or <'l.~tIed. If the
. prospective permittee elects to submit a compensatory niitigation plan with the PCN, the District fp~,r will, ' , " ,
expedi~ousJy review the proposed compensatory mitigation plan. The District Engineer must re'ie," SIl"plan witlrifl'
45 days' of receiving a complete PCN and determine whether the conceptual or specific proposed mitigation wo~d, , , ,
ensure no more than m..inim.aJ. adverse effects on the aquatic environment. lfthe net adverse effects of the project"tM.
the aquatic envir~nment (after consideration of the compensatory mitigation proposal) are determined by the District
Engineer to be minimal, the District Engineer will provide a timely written response to the applicant. The response
will state that the project can proceed under the terms and conditions of the NWP.
If the District Engineer determines that the adverse effects of the proposed work are more than mm;m" 1, then
the District Engineer will notify the applicant either: (I) that the project does not qualify for authorization under the
NWP and instruct the applicant on the procedures to seek authorization under an Individual Pennit; (2) that the .
project is authorized under the NwP subject to the applicant's submission of a mitigation proposal that would
reduce the adverse effects on the aquatic environment to the minim:'!' level; or (3) that the project is authorized under
the N\VP 'With specific modifications or conditions. Where the District Engineer determines that mitigation is
required to ensure no more than minimal adverse effects occur to the aquatic environment, the activity will be
authorized within the 45-day PCN period, .The authorizatiou will include the necessary conceptual or specific
mitigation or a requirement that the applicant submit a mitigation proposal that would reduce the adverse effects on
the aquatic environment to the minimal level. When conceptual mitigation is included, or a mitigation plan is
required:mder item (2) above, no work in waters of the US will occur until the District Engineer bas approved a
specific mitigation plan.
(e) !..e-encv Coordination.: The District Engineer will consider any comments from Federal and state agencies
concerning the proposed activity's compliance with the tenus and conditions of the NWPs and the need for
mitigation to reduce the project's-adverse environmental effects to a minirnallevel.
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For activities requiring notification to the District Engineer that result in the loss of greater than ~-acre of
waters of the US, the District Engineer will provide immediately (e.g., via facsimile t:r:ansmission, overnight mail, or
other expeditious mannc) a copy to the appropriate Federal or state offices (USFWS, state natural resource or water
quality agency, EP A, State Historic Preservation Officer (SHPO), and, if appropriate, the NMFS), With the
exception ofNWP 37, these agencies will then have 10. calendar days from the date the material is transmitted to
telephone or fax the District Engineer notice that they intend to provide substantive, site-specific comments. If so
contacted by an agency, the District Engineer will wait an additional IS calendar days before making a decision on
the notification. The District Engineer will fully consider agency comments received within the specified time
frame;but ~ill provide no response to the resource agency, except as provided below. The District Engineer will
indicate in the administrative record associated with each notification that the resource agencies' concerns were
considered. As required by Section 30S(b)( 4)(B) of the Magnuson-Stevens Fishery Conservation and Management
Act, the District Engineer will provide a response toNMFS within 30 days of receipt of any Essential Fish Habitat.
conservation recommendations. Applicants are encouraged to provide the Corps multiple copies of notifications to
- expedite agency notification.
(f) Wetland Delineations: Wetland delineations must be prepared in accordance with the currerit method rdquil-ed
by the Corps(For NWP 29 see paragraph (b)(9)(iii) for parcels less than Y<_acre in size). The pennittee may ask the
Corp's to delineate the special aquatic site, There maybe some delay if the Corps does the delineation. Furthermore,
the 4S-dayperiod will not start until the wetland delineation has been completed and submitted to the Corps, where
. at'i""Vi"..~ate.
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14. Comnliance Certification. Every permittee wh.o bas ~ceived NWP verification from the C.~.s.Will submit...
signed certification regarding the completed work and any required mitigation. The certification willbe fo~. .
by the Corps with the authorization letter and will include: (a) A statement that the authorized oor~;;;" done in
accordance with the Corps authorization, including any general or specific conditions; . ..
(b)- A statement that any required ri:ritigation was completed in ac'cordance with the permit conditions;' and (c) rn~...
signature of the permittee certifying the completion of the work and mitigation. .. ... . . . .
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IS. Use of Multivle Nationwide Pennils, The use of more than one NWP for a single and comple~ 1'jeject is
prohibited, except when the acreage loss of waters of the US authorized by the NWPs does not e.'\,ci'i1lhe acr~:lglo.. .
limit of the NWP with the highest specified acreage limit (e.g, if a road crossing over tidal watelJ'J! fQl!structecl' .. .
under NWP 14, with associated hank stabilization authorized by NWP 13, the maximum acreage loss of water: of" . .
the US for the total project cannot exceed 113-acre). .. ..
16, Water SUDDlv Intakes. No activity, including struc!l1res and work in oovigEbJewaters of the US Or discharges of
dredged or fill materia~ may occur in: the proximity of a pnblic water supply intake except where .the activit)> is for
repair of the public water supply intake structures or adjacent bank stabilization.
17. Shellf"zsh Beds. No activity, including structures and work in navigable waters of the US or discbarges of
dredged or fill material, may occur in areas of concentrated shellfish populations, unless the activity is directiy
related to a shelliish harvesting activity authorized by NWP 4,' .
18. Suitable Materit:ll, No activity, including structmes and work in navigable waters of the US or discharges of
dredged or fill material, may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) and material
used for construction or discharged IInlst be free from toxic pollutants in toxic amounts (see Section 307 of the
CWA). .
19. Mitipation, The District Engineer 'Will consider the factors discussed below when determining the acceptability
of appropriate and practicable mitigation necessary to offset adverse effects on the aquatic cnvironme,nt that are
more than m;n;m:\ 1.
(a) The project must be designed and constructed to avoid and minimize adverse effects to waters oftbe US to the
maximum extent practicable at the project site (i...., on site),
(b) Mitigation in all its forms (avoiding, minimizing, rectifYing, reducing or compensating) will be required to the
extent necessary.to ensure that the adverse effects to the aquatic environment are minimal.
(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland impacts requiring a
PCN, unless the District Engineer detennines in writing that some other form of mitigation would be more
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environmentally appropriate and provides a project-specific waiver of this requirement Consistent with National
policy, the District Engineer will establisb a preference for restoration of ;"'etJands as compensatory mitigation, with
preservation used only in exceptional circumstances.
(d) Compensatory mitigation (i.e.,.replacement or substitution of aquatic resources fm those impacted) will not be.
used to increase the acreage losses allowed by the acreage limits of some of the NWPs. For example, V.-acre of
wetlands cannot be created to change a %-acre loss of wetlands to a Y,-acre loss associated with NWP 39
verification. However, lI,-acre of created wetlands can be used to reduce the impacts of a y,-acre loss of wetlands to
the. minimum impact level in order to meet the minimal impact requirement associated with NWPs.
(e) To be practicable, the mitigation must be available and capable of being done considering costs, existing
technology, and logistics in light of the overall project purposes. Examples of mitigation that may be appropriate
and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland
or upland vegetated buffers. to protect open waters such as streams; and replacing losses of aquatic resource
functio~ ~nd vaiues by creating, restoring, enhancing, or preserving similar functiOIis and values, preferably in the
same watershed.
(f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a
requirement for the establishment, maintenance, and legal protection (e,g., easements, deed.restrictions) of vegetated
buffers to open waters. In many cases, vegetated buffers will be the only compensatory mitigation required.
Vegetated buffers sbould consist of native species. The width of the vegetated buffers required will address
documented water quality or aquatic babitat loss concerns. Normally, the vegetated buffer will be 25 to 50 feet wide
on each side of the stream, but the District Engineers may require slightly wider vegetated buffers to address .
documented water quality or habitat loss concerns. Where both wetlands and. open waters exist on the project ~te,
the Corps will determine the appropriate compensatory mitigation (e.g., stream buffers or wetlands eompe~Hdo~
based on what is best for the aquatic environment on a watershed basis, In cases wbere vege!#M:l'gIOffers aIle...
determined to be the most appropriate fonn of compensatory mitigation, the District Engineer IDa/waive ol'P"du~e
the requirement to provide wetland compensatory mitigation for wetland impacts.' : .. ..
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(g) Compensatory mitigation proposals submitted with the "notification" may be either conceptual or d<:W1,~. If
conceptual plans are approved under the verification, then the Corps will condition the verificaf,jonjo reqooe
detailed plans be submitted and approved by the Corps prior to construction of the authorized %titit} in wateH M
the US. . ...... ....
'. (h) Pennittees may propose the use of mitigation banks, in-lieu fee arrangements or separate a~li"'ty-speclfic .
c?mpensatory mitigation. In all cases that require compensatory mitigation, the mitigation pn.'Oi!ium will 'iji~ty
the party responsible for accomplishing and/or complying with the mitigation plan. .. ..' ...
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20. SDawninf7 Areas. Activities, including structures and work in navigable waters of the US or discharges of
dredged or fill material, in spawning areas during spawning seasons must be avoided to fue maximum extent
practicable. Activities that result in the physical destruction (e.g" excavate, fil~ Or smother downstream by
. substantial turbidity) of an important spawning area are not authorized.
21. Manaf'emenl o( Waler Flnw<. To the maximum extent practicable, the activity must be designed to maintain
. preconstruction dO"WD.str~am flow conditions (e.g.) locatio~ c~pacity) and flc:>w rates). Furthermore, the activity
mUst not permanently restrict or impede the passage of norma! or expected high flows (unless the primary purpose
. of the fill is to impound waters) and the Structure or discharge of dredged or fill material must withstand expected.
high flows. The activity must, to the maximum extent practicable, provide for retaining excess flows from the site,
provide for rn~intaining ~a~e flow rates from the site similar to preconstruction conditions, and provide for not
increasing water flows from the project site, relocating water, or redirecting water flow beyondpreconstruction
c.onditions. Stream channelizing will be reduced to the minimal amount necessary, aud the activity must, to the
maximum extent practicable, reduce adverse effects such as flooding or erosion downstream and upstream of the
project site, unless the activity is part of a larger system designed to manage water flows. In most cases, it will not
be a requirement to conduct detailed studies and monitoring of water flow.
This condition is only applicable to projects that have the potential to affect waterflows. While appropriate
measures must be taken, it is not necessary to conduct detailed studies to identity such measures or require
monitoring to ensure their effectiveness, Normally, the Corps will defer to state and local authorities regarding
managelnent of water flow.
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22. Adverse Effects From TmDoundments. If the activity creates an impoundment of water, adverse effects to the
aquatic system due to the acceleration of the passage of water, and/or the restricting its flow shall be minimized to .
the maximum extent practicabie. This includes structures and work in navigable waters of the US, or discharges of
dredged or fill material,
23. Waterfowl Breedin" Area.'. Activities, including structures and work in navigable waters of the US or
discharges of dredged Or fill material, into breeding areas for migratory waterfowl must be avoided to the maximum
extent practicable. .
24. Removal o(Temoorarv Fills, Any temporary fills must be removed in their entirety and the affected areas
returned to their preexis~g elevation.
25. Desimated Critical Rf?source' Water~. Critical resource waters include, NOAA-designated illarine sanctuaries,
National Estuarine Research Reserves, National Wild and Scenic Rivers, critical habitat for Federally listed
threatened and endangered :species" coral reefs, state natural heritage sites, and putstanding national resource waters
or other waters officially designated by a state as having particular emironmental or ecological significance and
identified by the District Engineer after notice and opportunity for public comment: The District Engineer may also
designate additional critical resource waters after notice and opportunity for comment
(a) Except as noted below, discharges of dredged or fill material into waters of the US are not authorized by
NWPs 7, 12, 14, 16, 17,21,29,31,35,39,40,42,43, and 44 for any activity within, or directly affecting: critical
resource waters, including wetlands adjacent to sllch waters. Discharges of dredged or fill materials into ':at~~. of
the US may be authorized by the above'NWPs in National Wild and Scenic Rivers if the ac~iY.~<mlplie~"<frtll.
General Condition 7, Further, such discharges may be authorized in designated critical habiWh'O"ederallyMted
threatened or endangered species if the activity complies with General Condition I I and the PSFWS or the NMFS
has concurred in a determination of complian~e with this condition. .:...:.
(b) For NWPs 3,8, 10, 13, 15, 18, 19,22,23,25,27,28,30,33,34,36,37, and 38, T1OJIift:ation l'sre~uired
in accordance with General Condition 13, for any activity proposed in the designated criticatreiJur€e water; ..
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including wetlands adjacent to those waters. Tbe District Engineer may authorize activities tmejeritfese NWPs only
after it is determined that the impacts to the critical resource waters will be no more than rninimat.. . . ..
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26. Fills Within 100- Yea, Floodvlains. For purposes of this General Condition, I DO-year f1cft:>t1p!.tin.s wilJ.be ..
identified through the existing Federal Emergency Management Agency's (FEMA) Flood Insurance Rate ~.or
FEMA-approved local floodplain maps.
(a) Dischar~es in FlondDlain: Relow Be.dw.tm. Discharges of dredged or fill material into waters of the US
within the mapped 100-year floodplain, below beadwaters (i.e. five cfs), resulting in permanent above-grade fills,
are not authorized by NWPs 39, 40, 42, 43, and 44.
(b) Dischar~es in Floodwav:' Above,Be"dw"te". Discharges of dredged or fill material mto waters of the US
within the FEMA or locally mapped f1oodway, resulting in pennanent above-grade fills, are not auth~rized by
NWPs 39, 40, 42, and 44, .
(c) The permittee must comply with any applicable FEMA-approved state or local floodplain management
requirements.
27. Construction Period. For activities that have not been verified by the Corps and the project was CO=enced or
under contract to comence by the expiration date of the NWP (or modification or revocation date), the work must
'be completed within 12-months after such date (including any modification that affects the project).
For activities that have been verified and the proje~t was commenced or under contract to commence within the
verification period, the work must be completed by the date determined by the COIpS.
For projects that have been.verified by the Corps, an extension ofa Corps approved completion date may
requested. This request must be submitted at least one month before the previously approved completion date.
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Compliance Certification
Project County:
Permit Number:
, Date of Issuance:
Name of Permittee:
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I hereby certify that the work authorized by the above referenced permit,:hll~=t,een
completed in accordance with the terms and conditions of the said perAtit, 'll.nd that....
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required mitigation was completed in accordance with the permit contjUjIlP~, eX~as
described below. ... .
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Signature of Permittee
Enclosure (4)
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