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Resolution PC 18 43 CUP 06 1 of 3
CITY OF FLORENCE PLANNING COMMISSION
RESOLUTION PC 18 43 CUP 06
A REQUEST FOR A CONDITIONAL USE PERMIT, to perform bank repair and revetment in the form of rip rap along the shoreline for protection of the Port of Siuslaw port land facilities in the Waterfront Marine and Development Estuary Districts regulated by Sections 10-24 & 10-19 of Florence City Code. The project is located on Tax lot# 18-12-26-00-00701. WHEREAS, application was made by Jack Akin of EMC Engineering representing the Port of Siuslaw, for a Conditional Use Permit as required by FCC 10-19-4-E, 10-19-7-D, FCC 10-1-1-4, FCC 10-4-4, and WHEREAS, the Planning Commission met in a public hearing on November 27, 2018 as outlined in Florence City Code 10-1-1-6-3, to consider the application, evidence in the record, and testimony received, and WHEREAS, the Planning Commission determined per FCC 10-4-10 and FCC 10-1-1-6-3-E, after review of the application, testimony and evidence in the record, as per FCC 10-19, 10-4, 10-24, and 10-7, that the application meets the criteria through compliance with certain Conditions of Approval; and WHEREAS, the Planning Commission of the City of Florence finds, based on the Findings of Fact, staff recommendation and evidence and testimony presented to them, that the application meets the applicable criteria. NOW THEREFORE BE IT RESOLVED that the Planning Commission of the City of Florence finds, based on the Findings of Fact and the evidence in record that: The request for a Conditional Use Permit to perform bank repair and revetment in the form of rip rap along the shoreline for protection of the Port of Siuslaw port land facilities meets the applicable criteria in Florence City Code and the Florence Realization 2020 Comprehensive Plan, as conditioned. The Planning Commission approves the conditional use permit with the conditions listed below: Conditions of Approval: Approval for shall be shown on: 1. Findings of Fact attached as Exhibit “A” are incorporated by reference and adopted in support of this decision. Any modifications to the approved plans or changes of use will require approval by the Community Development Director or Planning Commission/Design Review Board. A. Findings of Fact B. Site Plan C. Typical Bank Repair Cross Sections D. DSL Joint Permit Approval & Application
Resolution PC 18 43 CUP 06 2 of 3
E. Application 2. Regardless of the content of material presented for this Planning Commission, including application text and exhibits, staff reports, testimony and/or discussions, the Owner agrees to comply with all regulations and requirements of the Florence City Code which are current on this date, EXCEPT where variance or deviation from such regulations and requirements has been specifically approved by formal Planning Commission action as documented by the records of this decision and/or the associated Conditions of Approval. The property owner shall submit to the Community Development Department a signed “Agreement of Acceptance” of all conditions of approval within 30 days after the signing of the resolution. 3. All federal and state permit requirements, including mitigation requirements, and approvals must be satisfied before any project implementation may begin. If a state or federal agency requires alterations to the project design which are considered, by the Planning Director, to be “substantial” from the design approved by the Planning Commission for Conditional Use, a modification to this Conditional Use permit will be required. Changes that decrease the amount of impact of the development will not be considered substantial. 4. Any significant design change to the proposal will be subject to a Conditional Use Permit Modification. 5. If construction results in loss of shoreline vegetation that are not under the revetment application; native riparian vegetation shall be replanted in these areas. The applicant shall ensure a buffer of riparian vegetation is provided in the space between the existing land side uses and the top of bank. 6. Development associated with the revetment must meet the requirements of the FEMA National Flood Insurance Program. 7. The applicant is required to adhere to DSL’s erosion control conditions outlined in the permit authorization. Additional measures must be taken as applicable to comply with the Portland Erosion and Control Manual to keep soil on site, out of water bodies, storm drainage systems, or the public right-of-way. 8. The site will be kept as clean as possible to reduce any unsightliness. Equipment maintenance and repair will be confined to one location. The contractor will have spill kits on site. The applicant must adhere to a strict operations schedule. This will include the provision to not start any work before 8:00 AM and to cease all work by 5:00 P.M. Monday through Friday. The applicant shall not cause any offensive noises before people are normally active (morning or in the evenings) 9. If vegetation removal is needed outside that included in the application, the applicant will need to apply for a vegetation removal permit due to the property’s location and potential scenic view implications (as per FCC 4-6-3) 10. The applicant shall receive and provide to the Community Development Dept. evidence of tribal “sign-off” on the project prior to construction.
Resolution PC 18 43 CUP 06 3 of 3
ADDITIONAL REQUIREMENTS 1. This application shall expire as outlined below and as found in City of Florence Title 10
Chapter 4 Section 8. Authorization of a conditional use permit shall be void one (1) year after the date of approval of a conditional use application, unless a building permit has been issued and substantial construction pursuant thereto has taken place. For the purposes of this permit type “DSL\ACE joint permit” shall substitute for “building permit.”
2. Portions of the project may also require proprietary authorization from DSL. ADOPTED BY THE FLORENCE PLANNING COMMISSION/DESIGN REVIEW BOARD the 27th day of November, 2018.
JOHN MURPHEY, Chairperson DATE Florence Planning Commission
STAFF REPORT & FINDINGS FLORENCE COMMUNITY DEVELOPMENT DEPARTMENT
Planning Commission Exhibit “A”
Public Hearing Date: November 27, 2018 Planner: Wendy FarleyCampbell Date of Report: November 20, 2018 Application: PC 18 43 CUP 06 I. PROPOSAL DESCRIPTION
RESOLUTION PC 18 43 CUP 06: A request for a conditional use permit to place rip rap along the shoreline for protection of the Port of Siuslaw port land facilities. Applicant: Port of Siuslaw Applicant Representative: Jack Akin, EMC Engineering Property Owner: Port of Siuslaw Location/Site: Map Reference 18-12-26-00, Tax Lots 00701
Zoning Map Classification: Waterfront Marine and Mixed Development Shoreland Management Unit. Surrounding Land Use/Zoning North: Dredged Material Disposal Site/Waterfront Marine and DMDS
Shoreland Management Overlay South: Siuslaw River/Development Estuary East: Siuslaw River /Conservation Estuary West: Harbor/Waterfront Marine & Development Estuary
II. NARRATIVE
Background—The Port of Siuslaw provides commercial and sport boat moorage facilities, boat launch, and an RV campground. Past and present economic activities include commercial fishing, barging of lumber and quarried products, land development and tourism. The majority of Port of Siuslaw operations are along the banks of the Siuslaw River immediately adjacent to the City of Florence. These facilities include: commercial wharf, sport and commercial marinas, boat launch, water related warehousing and storage, dredge spoils, disposal and an RV campground. Problem to Address—Around 400 feet of embankment severely eroded due to winter storm surges, straight-line winds, and flooding from December 6 through the 23rd, 2015, creating voids in side bank soil structure and the leaching of soils and sediments during storm events. Consequently, sinks in the ground and asphalt parking lot surfaces are developing near the embankment top of slope.
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On February 2, 2016 the Governor of Oregon requested public assistance for emergency work and the repair or replacement of disaster — damaged facilities. Facilities located in Curry, Coos, Lane and Lincoln Counties were among those encompassed within the FEMA declaration, numbered FEMA- 4258—DR. FEMA performed a site visit at the Port of Siuslaw and constructed a damage inventory (ST0012) and issued a FIPS of 039—UO5DV-00. Project Description— Repair the river bank, by constructing a riprap revetment that begins at +8 feet above the mean lower low water (MLLW) line and extends above the highest measured tide elevation (HMT) (10.5 feet relative to MLLW) (ODSL 2010). The completed revetment will be 165 feet long and approximately 25 feet wide. They will complete a tie-in to the east end of the pile and plank bulkhead with a wall section that begins at +11 feet above MLLW and extends westward about 182’. To construct the revetment, the Port will dig a 4-foot deep toe trench and place a minimum 4 foot layer of Class 2000 riprap, compact the soil above the trench, place geofabric, and place smaller riprap on top of the geofabric. Riprap placement will occur with machine and hand placement methods and will be sloped at 1V:1H to 1V:2H. Final bank slope will be between 1V:1.5H and 1V:2H. Excavation and building of the toe trench will take 3 days of the 6 weeks the Port proposed for completion. Work below HMT will occur during the winter in-water work window of October 1 to February 15. Applicable Zones Explained—The highest measured tide in this area is located at 10.5 feet. The demarcation line between the Development Estuary Zone and the Waterfront Marine District is the MHHW also known as the “Shoreline” in the definitions listed in FCC 10-2. At the time of writing the location of the toe of the project relative to the MHHW mark, based on the information submitted, was not available. For this reason staff reviewed as if the Development Estuary District applies. The Mixed Development Shoreland Management Unit will apply.
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III. NOTICES AND REFERRALS
Notices: On November 7, 2018, the public hearing notice was mailed to property owners within 300 feet of the property and posted on the property. The meeting notice was published in the Siuslaw News on November 21, 2018. As of this writing, the City received no written comment. Referrals: Referrals were sent to the Florence Building Department, Florence Public Works Department, Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians, Confederated Tribes of the Siletz, Department of State Lands, U.S. Army Corps of Engineers, Oregon Department of Fish and Wildlife, and DLCD. Responses were received from the following at the time of writing: Army Corps of Engineers, Melanie O’Meara, November 19, 2018:
• The Port of Siuslaw has not received permit approval from Army Corps.
IV. APPLICABLE REVIEW CRITERIA Florence Realization 2020 Comprehensive Plan
Chapter 5: Open Spaces and Scenic, Historic, and Natural Resources: Rare, Threatened, Endangered and Sensitive Species, Policy 5 Chapter 7: Development Hazards and Constraints, Policies 1 through 4 Chapter 16: Estuarine Resources, Policy 18 Chapter 17: Coastal Shorelands, Ocean & Lake Shorelands, Policies 13 & 15
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Lane County Coastal Resource Management Plan Florence City Code (FCC)
Florence City Code, Title 10: Chapter 1: Zoning Administration, Section 1-6-3 Chapter 4: Conditional Uses, Sections 5 through 11 Chapter 7: Special Development Standards, Sections 2, 3, 5 & 6 Chapter 19: Estuary, Shorelands, and Beaches and Dunes, Sections 4, 7 & 8
V. FINDINGS
The criteria are listed in bold followed by the proposed findings of fact.
FCC TITLE 10: CHAPTER 24: WATERFRONT/MARINE DISTRICT
10-24-1: PURPOSE: The Waterfront/Marine District applies to areas designated a Water Dependent Site in the Florence Comprehensive Plan. The District is intended to allow a mix of water-dependent, water-related and water-oriented uses along the Siuslaw River Estuary. The WF/M zone, while allowing up to 50% of the zone to be used for non-water-dependent or non-water related uses, will continue to be the community's center for water-dependent and water-related activities and will continue to provide access for such uses to the Siuslaw River Estuary in Florence. 10-24-2: BUILDINGS AND USES PERMITTED: 10-24-3: BUILDINGS AND USES PERMITTED CONDITIONALLY: In the WF/M District, the Planning Commission, subject to the procedures and conditions set forth in Chapter 4 of this Title, may grant a Conditional Use Permit for any use listed in the Marine District (50% of the Zone) and Old Town District Area A (50% of the Zone), with affirmative findings that the criteria in section 10-24-4 are met. The proposed shoreland protection structure is to be placed to protect water-related uses permitted and other pre-existing non-conforming uses at this site. Revetment structures are permitted as outlined in Title 10 Chapter 19 of associated Overlay District reviewed later in the findings. 10-24-4: SITE AND DEVELOPMENT PROVISIONS AND OTHER CRITERIA: A. Fifty percent (50%) of the Waterfront Marine District shall be maintained and protected for Water Dependent and Water Related Uses as permitted with a Conditional Use Permit in the Marine District. The uses, site and development standards, and other criteria in the Marine District shall apply to these uses. B. The uses, site and development standards, and other criteria in the Old Town District A shall apply to the remaining fifty percent (50%) of the Waterfront Marine District. C. In addition to the standards defined in subsections A and B, all development proposals in the Waterfront Marine District must demonstrate that the development will retain at least 50% of the zone to be used for-water-dependent or water related uses, as specified in Chapter 18: Marine District.
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The Port of Siuslaw site contains area that is designated as “area managed for water dependent and water related uses”. The site will be retained for water-related and water dependent uses. The proposed revetment extends protection to those lands for their continued use of allowed uses.
FCC TITLE 10, CHAPTER 19: ESTUARY, SHORELANDS, AND BEACHES AND DUNES
10-19-4: DEVELOPMENT ESTUARY DISTRICT (DE):
A. Purpose and Extent: The primary purpose of the Development Estuary District (DE) is to provide for navigational needs and public, commercial and industrial water-dependent uses which require an estuarine location. Uses which are not water dependent which do not damage the overall integrity or estuarine resources and values should be considered, provided they do not conflict with the primary purpose of the District. The DE District is designed to apply to navigation channels, sub-tidal areas for in-water disposal of dredged material, major navigational appurtenances, deep-water areas adjacent to the shoreline and areas of minimal biological significance needed for uses requiring alteration of the estuary. These are as defined on the City Zoning Map as specified by this Title. E. Conditional Uses in Areas Managed for Water Dependent Activities: The following uses are allowed in the estuary in Areas Managed for Water Dependent Activities with approval of a Conditional Use Permit (Type III review), subject to the applicable criteria. A Conditional Use Permit may be approved according to the procedures set forth in Chapters 1 and 4 of this Title upon affirmative findings that the use is consistent with the purposes of the DE District and the applicable criteria in I and either G or H (if dredging or fill is required, the requirements in G apply; if the use will otherwise alter the estuary, the requirements in H apply): b) Flood and erosion control structures such as jetties, bulkheads, seawalls, and groin construction, may be installed and maintained, and riprap may be installed and expanded; provided all such uses are needed to protect water-dependent commercial and industrial uses The boundary between the estuary and the shorelands is defined in Title 10, Chapter 1 section 4, which states,” SHORELINE: The boundary line between a body of water and the land, measured on tidal waters at mean higher high water, and on non-tidal waterways at the ordinary high-water mark.” There will be a little work done within the estuary, therefore; Title 10, Chapter 19, section 4 applies. The proposed activity requires a Conditional Use Permit because the Port is a water-dependent use. The project is to stabilize the eroding shoreline to maintain the Port’s infrastructure allowing it to meet the land needs for future economic development and water dependent uses. Erosion of the shoreline is causing both a loss of bottom material and loss of the embankment. As a result, the steep sand bluff that fronts the Port is at risk of failure. The
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erosion is part of an initial storm event with additional sloughing through recurring events. Without protection the shoreline will continue to erode and undercut the base of the embankment, resulting in sloughing. It is expected that erosion will continue to occur for the foreseeable future during storm surges unless actions to stabilize the shoreline are taken. Thus, installation of some sort of revetment is necessary to protect the currently existing public facility. H. Activities or uses which could potentially alter the estuary that do not involve dredge or fill shall only be allowed in Development Estuary MUs when the use or activity complies with all of the following criteria: 1. the activity or use is expressly permitted in sections D, E, or F, above; 2. no feasible alternative upland locations are feasible; 3. the activity minimizes impacts on water quality and other physical characteristics of the estuary, living resources, recreation and aesthetic use, and other uses of the estuary allowed in B through F, above; 4. Land use management practices and non-structural solutions to problems of erosion and flooding shall be preferred to structural solutions. Where shown to be necessary and as allowed in B through F, above, erosion control structures such as jetties, bulkheads, seawalls, groin construction and riprap shall be designed to minimize adverse impacts on water currents, erosion, and accretion patterns. The project is a listed use in “E” above and is intended to prevent further shoreline erosion. By its nature no upland locations exist for bank restoration. Fill is proposed but not in the Development Estuary District. The City of Florence defers to agency expertise on the matter of environmental impacts and has included a condition which requires that all federal and state permits be obtained before any project implementation can begin. (Condition 3) The previous application was revised to remove the root wad and native plantings aspects. DSL is their permit approval required mitigation via native plantings of at least 2 species to be planted along the base of the revetment. Mr. Akin provided a supplemental to his joint permit adding plantings of American Beachgrass and Yellow Sand Vebena. DSL included those changes in their approval. Any significant design change to the proposal will be subject to a Conditional Use Permit Modification. (Condition 4) If construction results in loss of shoreline vegetation that are not included under the revetment application; native riparian vegetation shall be replanted in these areas. (Condition 5)
10-19-7: MIXED DEVELOPMENT OVERLAY DISTRICT (/MD):
A. Purpose: The Mixed Development Overlay District (/MD) is applied to those coastal shorelands which are recognized in the City Comprehensive Plan and supportive technical data as being all or partially committed to commercial, industrial and public uses. The proximity of these lands to the dredged channel of the Siuslaw River dictates that opportunities shall be provided to preserve and expand existing water-dependent and water-related commercial, industrial or public uses. If the shorelands
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are adjacent to the estuary, refer to the adjacent Estuary District for additional allowed uses and criteria. The requirements of any adjacent Estuary District shall supersede the requirements of this Section of the Code. Shoreland uses and buffer zones shall not prohibit landside components of activities and uses as otherwise permitted in the adjacent estuary. The site is adjacent to an Estuary District; therefore, the shorelands uses (Mixed Development Overlay (/MD)) apply as well as the Estuary Zoning criteria. In addition, the /MD District is specifically intended to carry out the following purposes: 1. Provision, adjacent to deep water environments, of shorelands sites for use by water dependent and water-related commercial and industrial uses. 2. Protection of previously-existing water-dependent and water-related commercial and industrial sites in shorelands areas. 3. Provision of opportunities for non-water-dependent and non-water-related uses where designated in the Comprehensive Plan. 4. Protection of coastal waters and avoidance of geographic and hydrologic hazards. The proposed revetment meets the purpose of the /MD Overlay District. The proposed revetment structure will protect water-related and water-dependent marina uses permitted in the underlying district, The revetment use is consistent with the Comprehensive Plan policies for Management Unit #4, which is the developed shoreline of Old Town Florence and the Port from Kingwood Street to the North Fork tideflats, including the Highway 101 Bridge, the Port of Siuslaw Marina, and Dredge Spoils Site #19. The supporting rationale from the Comprehensive Plan are, existing marina development; existing water-dependent, water-related uses; and dredge spoils site #19. D. Conditional Uses: In addition to Conditional Uses specifically allowed in the adjacent Estuary District, the following specified uses and no others are permitted subject to approval by the Planning Commission. The Planning Commission, subject to the procedures and conditions set forth in Chapter 4 of this Title, may grant a Conditional Use Permit for the following uses, provided they are consistent with the requirements of the adjacent Estuary District and upon satisfaction of the applicable criteria in Section F and below: 1. All buildings and uses permitted Conditionally or by Special Use Permit in the base zoning district, provided the requirements of the base zoning district are met. The proposed revetment is adjacent and perhaps within the Development Estuary District. The proposed use is a Conditional Use is the District if any disturbance is below MHHW. These criteria are reviewed below in the respective code section. E. Determination of Land Suitable for Water-Dependent Uses: Land suitable for water –dependent uses has been designated in the Florence Comprehensive Plan and classified on the Zoning Map as the sites zoned Waterfront Marine and Marine. The zoning provisions in these districts protect these sites for water-dependent uses.
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This site is designated as land suitable for water-depended uses as it is zoned Waterfront Marine and is listed in the Comprehensive Plan. The structure supports water-related uses. F. Site and Development Requirements for Special and Conditional Uses: The development requirements specified herein shall be in addition to those provided by the base zoning district. See also Chapter 7, Special Development Standards for any applicable requirements. 1. A 50 foot buffer of riparian vegetation measured from the mean high tide shall be maintained to promote bank stabilization, maintain water quality and temperature, reduce erosion and for general aesthetics, except where unfeasible in connection with a water-dependent or water-related use. According to the Purpose Statement in 10-19-7-A “Shoreland uses and buffer zones shall not prohibit landside components of activities and uses as otherwise permitted in the adjacent estuary.” Provision of a 50’ wide buffer would require removal of some of the pre-existing landside components occurring on the site. The applicant shall ensure a buffer of riparian vegetation is provided in the space between the existing land side uses and the top of bank. (Condition 5) 2. The applicant must submit an analysis of all physical and biological impacts upon the shorelands area and upon coastal waters and water resources. The report shall consider at a minimum the critical relationships which exist between coastal shorelands and coastal water resources and the potential for geological and hydrological hazards. The Planning Commission reviewed the environmental impacts of the RV campground at the time of Conditional use permit in 1992. The biological and physical impacts (sedimentation) of this project were assessed by NOAA and their detailed findings supporting a determination of “Not Likely to Adversely Affect” are discussed in the joint permit application. The applicant meets this criterion. 3. The benefits of the proposed activity to the long term economic development or improved public recreational use shall outweigh the negative impacts on water quality, temperature and resources, bank stabilization, erosion control and general aesthetics. Stabilizing the bank will protect the continued public use of adjacent properties providing a long term economic impact to the Port of Siuslaw and the taxpayers. With proper erosion control during construction, there will be limited short term effects of the development. The DSL permit 59245-RF includes erosion control measures that are at a minimum required. The applicant is required to adhere to DSL’s erosion control conditions outlined in the permit authorization. Additional measures must be taken as applicable to comply with the Portland Erosion and Control Manual to keep soil on site, out of water bodies, storm drainage systems, or the public right-of-way. (Condition 7) The benefits of the proposed activity to the long term improved public recreational use outweigh any temporary negative impacts on water quality, temperature and resources, bank stabilization, erosion control and general aesthetics; and, in any event, the effects of the proposed uses, overall, on all of these resources and conditions will be positive, as demonstrated in the application.
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4. For existing lots which are too small to accommodate the buffer zone, development will be allowed within the buffer zone only with approval of a variance issued under Chapter 5 of this code. In addition it must be shown that clearance of vegetation on the remainder of the lot is kept to an absolute minimum, stormwater is directed away from the bank, engineered plans protect life, property, and the coastal water (that is no erosion hazards, slide potential, or flood damage are likely to occur). Development and vegetation clearing are not proposed with this application but rather protection of existing development. The condition used to satisfy the 50’ buffer requirement is sufficient. Stormwater is proposed to be redirected away from the bank to reduce further erosion.
FCC TITLE 10: CHAPTER 4: CONDITIONAL USES
10-4-9: GENERAL CRITERIA: A conditional use permit may be granted only if the proposal conforms to all the following general criteria: (Ord. 669, 5-17-82)
A. Conformity with the Florence Comprehensive Plan.
This criterion is reviewed later in the report.
D. Conditional uses are subject to design review under the provisions of Chapter 6 of this Title, except single family and duplex residential use. (Ord. 625, 6-30-80) See Code Section 10-6-3 for Design Review requirements.
Response: This criterion does not apply. The applicant is requesting a conditional use for a riprap installation.
E. Adequacy of public facilities, public services and utilities to service the proposed development.
Response: Public Works has expressed no concerns with the development as relates to public facilities, services and utilities. No new services are proposed.
F. Adequacy of vehicle and pedestrian access to the site, including access by fire, police and other vehicles necessary to protect public health and safety. (Ord. 669, 5-17-82).
Response: The placement of the riprap will not hinder the existing flow to vehicle, pedestrian, or boat traffic in the area. 10-4-10: GENERAL CONDITIONS: The Planning Commission may require any of the following conditions it deems necessary to secure the purpose of this Chapter. Where a proposed conditional use is permitted in another district, the Planning Commission may apply the relevant development standards from the other district. In
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addition, conditions may be required by the Design Review Board. Such conditions may include: (Ord 625, 6-30-80; amd. Ord 669, 5-17-82).
A. Regulation of uses, special yard setbacks, coverage and height.
Response: There are no special set-backs or coverage and heights related to waterfront construction.
B. Requiring fences, walls, screens and landscaping plus their maintenance. Fencing is required when wholesaling, warehousing and storing of outdoor sales.
Response: This provision is not applicable to the proposed development. Lateral screening along the edges of the property will not serve significant beneficial purpose for the short or long term duration of the project.
C. Regulation and control of points of vehicular ingress and egress.
Response: This provision is not applicable to the proposed development. The long term vehicular ingress and egress at the site will not be impacted by the proposal.
D. Regulation of noise, vibration, odors, and sightliness.
Response: The site is located at the most southern portion of the city limits and has no adjoining developed properties to the project site. The work will be performed at low tide. During construction there will be noise and vibration from the impact of rip-rap installation. No dangerous or unusual odors are expected. The site will be kept as clean as possible to reduce any unsightliness. Equipment maintenance and repair will be confined to one location. The contractor will have spill kits on site. (Condition 8)
E. Requiring surfacing of parking areas.
Response: Not applicable F. Requiring rehabilitation plans. The City may require the rehabilitation of substandard or nonconforming buildings or uses. In such an instance, the voluntary cooperation of the owner shall be solicited. The City may establish a schedule of rehabilitation which allows reasonable time for compliance, does not create a financial hardship for the owner and fulfills the purpose and intent of this Chapter. In the absence of voluntary compliance, the City will enforce the applicable codes, State laws or City ordinances to affect structural, building, electrical, clearance of debris or vehicles, elimination of health, safety and sanitation problems or deficiencies when necessary.
Response: The applicant considers the installment of the rip-rap a rehabilitation of an existing serviceable use. The new rip-rap is expected to require little or no maintenance for an extended period.
G. Regulation of hours of operation and duration of use or operation.
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Response: For the short duration of this project, the applicant must adhere to a strict operations schedule. This will include the provision to not start any work before 8:00 AM and to cease all work by 5:00 P.M. Monday through Friday. (Condition 8)
H. Requiring a time period within which the proposed use shall be developed.
Response: DSL has approved that the work will occur within the in-water construction period --between October 1 and February 15. It is noted that this time period avoids the most vulnerable life stages for fish.
I. Requiring bonds to insure performance of special conditions.
Response: Staff does not have conditions or requirements for which bonding seems necessary or advantageous.
J. Regulation of tree and vegetation removal to maintain soil stability, preserve natural habitat, protect riparian vegetation, buffer conflicting uses, and maintain scenic qualities.
Response: While the project is along and within the riparian area of the Siuslaw River, the applicant is not explicitly proposing vegetation removal. If vegetation removal is needed, the applicant will need to apply for a vegetation removal permit due to the property’s location and potential scenic view implications (as per FCC 4-6-3) (Condition 9)
K. Such other conditions as will make possible the development of the City in an orderly and efficient manner and in conformity with the intent and purpose of the Florence Comprehensive Plan.
Response: No additional conditions have been identified. FCC TITLE 10: CHAPTER 7: SPECIAL DEVELOPMENT STANDARDS
10-7-1: PURPOSE: The purpose of this Chapter is to apply additional development standards to areas with potential natural hazards or soils which are particularly subject to erosion, landslide or seasonal surface water. Compliance with these standards is required in order to obtain a permit. The standards are intended to eliminate the danger to the health, safety or property of those who would live in potential problem areas and the general public and to protect areas of critical environmental concern; areas having scenic, scientific, cultural, or biological importance; and significant fish and wildlife habitat as identified through Goal 5: Open Spaces and Scenic, Historic, and Natural Resources, and Goal 17: Coastal Shorelands. (Amended Ord. No. 10, Series 2009)
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10-7-2: IDENTIFICATION OF POTENTIAL PROBLEM AREAS: At minimum, the following maps shall be used to identify potential problem areas:
A. "Hazards Map", Florence Comprehensive Plan Appendix 7. B. "Soils Map", Florence Comprehensive Plan Appendix 7. (Ord. 625, 6-30-
80) C. "Beaches and Dunes Overlay Zone." See Chapter 19 for overlay zone
requirements. Where conflicts exist between that chapter and this one, the more restrictive requirements shall apply.
D. Other information contained in the plan or adopted by reference into the plan, or more detailed inventory data made available after adoption of the plan may also be used to identify potential problem areas. (Amended Ord. No. 10, Series 2009)
10-7-3: DEVELOPMENT STANDARDS: The following standards shall be applied to development in potential problem areas unless an approved Phase I Site Investigation Report or an on-site examination shows that the condition which was identified in the Comprehensive Plan or Overlay Zoning Map does not in fact exist on the subject property. These standards shall be applied in addition to any standards required in the Zoning Districts, Comprehensive Plan, and to any requirements shown to be necessary as a result of site investigation. Where conflicts or inconsistencies exist between these Development Standards, City Code, and the Comprehensive Plan, the strictest provisions shall apply unless stated otherwise.
A. Special Flood Hazard Area: All uses proposed in the flood area shall conform to the provisions of the National Flood Insurance Programs. E. Ocean Flooding, Tidal Flooding, Tsunami: (See subsection A above, Special Flood Hazard Area). F. Active Dune Sands:…
Response: The project site lies within the Special Flood Hazard Area, and is subject to Ocean and Tidal Flooding as well as high Tsunami inundation risk. It is noted within the applicant’s materials that the proposal to add revetment to the site is done in an effort to mitigate erosion related hazard. NOAA has issued a concurrence letter to FEMA as required under the Endangered Species Act. The revetment project must meet the requirements of the FEMA National Flood Insurance Program. (Condition 6) 10-7-4: SITE INVESTIGATION REPORTS: A. Areas identified in Section 2 and 3 above, are subject to the site investigation requirements as presented in "Beach and Dune Techniques: Site Investigation Reports by Wilbur Ternyik" from the Oregon Coastal Zone Management Association’s Beaches and Dunes Handbook for the Oregon Coast (OCZMA Handbook), Appendix 18 of the Florence Comprehensive Plan as modified by the City of Florence. No development permit (such as building permit or land use permit) subject to the provisions of this Title may be issued except with affirmative findings that:
1. Upon specific examination of the site utilizing a Phase I Site Investigation Report (the checklist from the OCZMA Handbook, as modified by the City of Florence), it is found that the condition identified on the "Hazards Map" or
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"Soils Map" or "Beaches and Dunes Overlay Zone" or other identified problem area does not exist on the subject property; or
2. As demonstrated by the Phase II Site Investigation Report that harmful effects
could be mitigated or eliminated through, for example, foundation of structural engineering, setbacks or dedication of protected natural areas. (Amended by Ord. No. 10, Series 2009)
Site investigation requirements may be waived where specific standards, adequate to eliminate the danger to health, safety and property, have been adopted by the City. This exception would apply to flood-prone areas, which are subject to requirements of the National Flood Insurance Program and other problem areas which may be adequately protected through provisions of the Building Code. (Ord. 669, 5-17-82) Response: A Phase I Site Investigation Report is not needed because specific standards and agency review exist. REALIZATION 2020 FLORENCE COMPREHENSIVE PLAN
Chapter 6: Air, Water and Land Quality Policy 3: Site construction procedures shall not contribute to serious erosion and sedimentation of lakes, impoundments or waterways. The property owner shall make sure no sand leaves the site during construction, except as occurring during tidal changes as sedimentation from the construction of the toe trench. Chapter 17: Coastal Shorelands: Policy 8. This Plan, implementing actions, and permit reviews shall include consideration of the strong relationships between Coastal Shorelands and traditional tribal land use patterns which have been heavily dependent on the resources of coastal and estuarine waters, and shall conserve archaeological resources. Actions shall avoid, where possible, impacts to archaeological resources. Unavoidable impacts to tribal archaeological resources shall be mitigated in consultation with the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians. Mitigation may include data recovery (archaeological excavation), capping, or other appropriate methods of preserving the archaeological value of the site. The management unit within the Comprehensive Plan for this site listed that this area may have archaeological value to the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians. The City sent a referral to the both the Siltez and CTCLUSI Tribes. As of this writing, the tribes have not responded to the referral. The applicant states they have had tribal consultation. The applicant shall receive and provide to the Community Development Dept. evidence of tribal “sign-off” on the project prior to construction. (Condition 10) Policy 15. In Mixed Development Management Units, the following additional
policies shall apply:
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a. For Shorelands in the Mixed Development MU within the Florence UGB, implementation requirements in Lane Code Chapter 10 Overlay Zoning Districts shall apply outside city limits, and the Mixed Development Overlay Zoning District in Florence City Code Title 10 Chapter 19 shall apply inside city limits. Review the Title 10, Chapter 19 section of this report on how the proposal meets the criteria listed in the Mixed Development Overlay Zoning District. b. Uses shall respect the priorities set out in the General Priority statement (Policy 12).
Policy 12 states: General priorities for the overall use of Coastal Shorelands (from
highest to lowest) shall be to:
1. Promote uses which maintain the integrity of estuaries and coastal waters; 2. Provide for water-dependent uses; 3. Provide for water-related uses; 4. Provide for nondependent, nonrelated uses which retain flexibility of future
use and do not prematurely or inalterably commit shorelands to more intensive uses;
5. Provide for development, including nondependent nonrelated uses, in urban areas compatible with existing or committed uses;
6. Permit nondependent, nonrelated uses which cause a permanent or long-term change in the features of coastal shorelands only upon a demonstration of public need.
The revetment structure protects water-dependent and water-related uses.
VI. OPTIONS FOR THE PLANNING COMMISSION
1. Approve the conditional use permit request, based on the proposed findings of fact in this staff report, with the proposed Conditions of Approval.
2. Modify the proposed findings of fact, Condition of Approval, or both, and approve
the request as modified. 3. Continue the hearing to a date certain or leave the record open in order to allow
more time for additional information to be submitted. 4. Deny the application based on findings of fact.
VII. STAFF RECOMMENDATION AND CONCLUSION, AND PROPOSED CONDITIONS OF APPROVAL
Conclusion:
Page 15 of 16
As conditioned, the Conditional Use request is consistent with the applicable criteria in Florence City Code Title 10, Lane County Coastal Resources Management Plan and the Florence Realization 2020 Comprehensive Plan. Recommendation: Approve the request for approval of the conditional use permit request, provided that the following Conditions of Approval are met.
Conditions of Approval: The application, as presented, meets or can meet applicable City codes and requirements, provided that the following conditions of approval are met. 1. Findings of Fact attached as Exhibit “A” are incorporated by reference and adopted in support of this decision. Any modifications to the approved plans or changes of use will require approval by the Community Development Director or Planning Commission/Design Review Board. A. Findings of Fact B. Site Plan C. Typical Bank Repair Cross Sections D. DSL Joint Permit Approval & Application E. Application 2. Regardless of the content of material presented for this Planning Commission, including application text and exhibits, staff reports, testimony and/or discussions, the Owner agrees to comply with all regulations and requirements of the Florence City Code which are current on this date, EXCEPT where variance or deviation from such regulations and requirements has been specifically approved by formal Planning Commission action as documented by the records of this decision and/or the associated Conditions of Approval. The property owner shall submit to the Community Development Department a signed “Agreement of Acceptance” of all conditions of approval within 30 days after the signing of the resolution. 3. All federal and state permit requirements, including mitigation requirements, and approvals must be satisfied before any project implementation may begin. If a state or federal agency requires alterations to the project design which are considered, by the Planning Director, to be “substantial” from the design approved by the Planning Commission for Conditional Use, a modification to this Conditional Use permit will be required. Changes that decrease the amount of impact of the development will not be considered substantial. 4. Any significant design change to the proposal will be subject to a Conditional Use Permit Modification. 5. If construction results in loss of shoreline vegetation that are not under the revetment application; native riparian vegetation shall be replanted in these areas. The applicant shall ensure a buffer of riparian vegetation is provided in the space between the existing land side uses and the top of bank. 6. Development associated with the revetment must meet the requirements of the FEMA National Flood Insurance Program.
Page 16 of 16
7. The applicant is required to adhere to DSL’s erosion control conditions outlined in the permit authorization. Additional measures must be taken as applicable to comply with the Portland Erosion and Control Manual to keep soil on site, out of water bodies, storm drainage systems, or the public right-of-way. 8. The site will be kept as clean as possible to reduce any unsightliness. Equipment maintenance and repair will be confined to one location. The contractor will have spill kits on site. The applicant must adhere to a strict operations schedule. This will include the provision to not start any work before 8:00 AM and to cease all work by 5:00 P.M. Monday through Friday. The applicant shall not cause any offensive noises before people are normally active (morning or in the evenings) 9. If vegetation removal is needed outside that included in the application, the applicant will need to apply for a vegetation removal permit due to the property’s location and potential scenic view implications (as per FCC 4-6-3) 10. The applicant shall receive and provide to the Community Development Dept. evidence of tribal “sign-off” on the project prior to construction.
ADDITIONAL REQUIREMENTS 1. This application shall expire as outlined below and as found in City of Florence Title 10
Chapter 4 Section 8. Authorization of a conditional use permit shall be void one (1) year after the date of approval of a conditional use application, unless a building permit has been issued and substantial construction pursuant thereto has taken place. For the purposes of this permit type “DSL\ACE joint permit” shall substitute for “building permit.”
2. Portions of the project may also require proprietary authorization from DSL.
VIII. EXHIBITS A. Findings of Fact B. Site Plan C. Typical Bank Repair Cross Sections D. DSL Joint Permit Approval & Application E. Application
Department of State Lands 775 Summer Street, Suite 100 Salem, OR 97301-1279 503-986-5200
Permit No.: 59245-RF
Permit Type: Removal/Fill
Waterway: Siuslaw River Estuary
County: Lane
Expiration Date: August 29, 2019
PORT OF SIUSLAW
IS AUTHORIZED IN ACCORDANCE WITH ORS 196.800 TO 196.990 TO PERFORM THE OPERATIONS DESCRIBED IN THE ATTACHED COPY OF THE APPLICATION, SUBJECT TO THE SPECIAL CONDITIONS LISTED ON ATTACHMENT A AND TO THE FOLLOWING GENERAL CONDITIONS:
1. This permit does not authorize trespass on the lands of others. The permit holder must obtain all necessary access permits or rights-of-way before entering lands owned by another.
2. This permit does not authorize any work that is not in compliance with local zoning or other local, state, or federal regulation pertaining to the operations authorized by this permit. The permit holder is responsible for obtaining the necessary approvals and permits before proceeding under this permit.
3. All work done under this permit must comply with Oregon Administrative Rules, Chapter 340; Standards of Quality for Public Waters of Oregon. Specific water quality provisions for this project are set forth on Attachment A.
4. Violations of the terms and conditions of this permit are subject to administrative and/or legal action, which may result in revocation of the permit or damages. The permit holder is responsible for the activities of all contractors or other operators involved in work done at the site or under this permit.
5. Employees of the Department of State Lands (DSL) and all duly authorized representatives of the Director must be permitted access to the project area at all reasonable times for the purpose of inspecting work performed under this permit.
6. Any permit holder who objects to the conditions of this permit may request a hearing from the Director, in writing, within twenty-one (21) calendar days of the date this permit was issued.
7. In issuing this permit, DSL makes no representation regarding the quality or adequacy of the permitted project design, materials, construction, or maintenance, except to approve the project’s design and materials, as set forth in the permit application, as satisfying the resource protection, scenic, safety, recreation, and public access requirements of ORS Chapters 196, 390, and related administrative rules.
8. Permittee must defend and hold harmless the State of Oregon, and its officers, agents and employees from any claim, suit, or action for property damage or personal injury or death arising out of the design, material, construction, or maintenance of the permitted improvements.
9. Authorization from the U.S. Army Corps of Engineers may also be required. NOTICE: If removal is from state-owned submerged and submersible land, the permittee must comply with leasing and royalty provisions of ORS 274.530. If the project involves creation of new lands by filling on state-owned submerged or submersible lands, you must comply with ORS 274.905 to 274.940 if you want a transfer of title; public rights to such filled lands are not extinguished by issuance of this permit. This permit does not relieve the permittee of an obligation to secure appropriate leases from DSL, 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 Department of State Lands, 503-986-5200. Kirk Jarvie, Southern Region Manager Aquatic Resource Management Oregon Department of State Lands August 29, 2018 Authorized Signature Date Issued
ATTACHMENT A
Permit Holder: Port of Siuslaw
Project Name: Damaged Side Bank Repair-2018
Special Conditions for Removal/Fill Permit No. 59245-RF
READ AND BECOME FAMILIAR WITH CONDITIONS OF YOUR PERMIT.
The project site may be inspected by the Department of State Lands (DSL) as part of our monitoring program. A copy of this permit must be available at the work site whenever authorized operations are being conducted. 1. Responsible Party: By signature on the application, Dave Huntington is acting as the
representative of Port of Siuslaw. By proceeding under this permit, Port of Siuslaw agrees to comply with and fulfill all terms and conditions of this permit, unless the permit is officially transferred to another party as approved by DSL.
2. Authorization to Conduct Removal and/or Fill: This permit authorizes removal and fill of
material in T18S R12W Section 26, Tax Lot(s) 701, in Lane County, as described in the attached permit application, map and drawings (See Attachment B for project location(s)), with a final date of August 8, 2018; summarized as follows:
Summary of Authorized Waterway Impacts
Permanent Temporary
Waterway Name Linear Ft. Removal (cy)
Fill (cy) Linear Ft. Removal (cy)
Fill (cy)
Siuslaw River (Estuary) 165 4 213 Total: 165 4 213
This permit also authorizes removal and fill activities necessary to complete the required compensatory mitigation. In the event information in the application conflicts with these permit conditions, the permit conditions prevail. See Attachment B for project location(s).
3. Work Period in Jurisdictional Areas: Fill or removal activities below the Highest Measured Tide
elevation of Siuslaw River must be conducted between November 1 and February 15, unless otherwise coordinated with Oregon Department of Fish and Wildlife and approved in writing by DSL. If fish eggs are observed within the project area, work must cease and DSL contacted immediately.
4. Changes to the Project or Inconsistent Requirements from Other Permits: It is the
permittee’s responsibility to ensure that all state, federal and local permits are consistent and compatible with the final approved project plans and the project as executed. Any changes made in project design, implementation or operating conditions to comply with conditions imposed by other permits resulting in removal-fill activity must be approved by DSL prior to implementation.
5. DSL May Halt or Modify: DSL retains the authority to temporarily halt or modify the project or
require rectification in case of unforeseen adverse effects to aquatic resources or permit non-compliance.
Attachment A 59245-RF Page 3 of 8
6. DSL May Modify Conditions Upon Permit Renewal: DSL retains the authority to modify
conditions upon renewal, as appropriate, pursuant to the applicable rules in effect at the time of the request for renewal or to protect waters of this state.
Pre-Construction
7. Local Government Approval Required Before Beginning Work: Prior to the start of
construction, the permittee must obtain a Conditional Use Approval from the City of Florence.
8. Stormwater Management Approval Required Before Beginning Work: Prior to the start of construction, the permittee must obtain a National Pollution Discharge Elimination System (NPDES) permit from the Oregon Department of Environmental Quality (DEQ), if one is required by DEQ.
General Construction Conditions
9. Water Quality Certification: The Department of Environmental Quality (DEQ) may evaluate this
project for a Clean Water Act Section 401 Water Quality Certification (WQC). If the evaluation results in issuance of a Section 401 WQC, that turbidity condition will govern any allowable turbidity exceedance and monitoring requirements.
10. Erosion Control Methods: The following erosion control measures (and others as appropriate)
must be installed prior to construction and maintained during and after construction as appropriate, to prevent erosion and minimize movement of soil into waters of this state.
a. All exposed soils must be stabilized during and after construction to prevent erosion and sedimentation.
b. Filter bags, sediment fences, sediment traps or catch basins, leave strips or berms, or other measures must be used to prevent movement of soil into waterways and wetlands.
c. To prevent erosion, use of compost berms, impervious materials or other equally effective methods, must be used to protect soil stockpiled during rain events or when the stockpile site is not moved or reshaped for more than 48 hours.
d. Unless part of the authorized permanent fill, all construction access points through, and staging areas in, riparian and wetland areas must use removable pads or mats to prevent soil compaction. However, in some wetland areas under dry summer conditions, this requirement may be waived upon approval by DSL. At project completion, disturbed areas with soil exposed by construction activities must be stabilized by mulching and native vegetative plantings/seeding. Sterile grass may be used instead of native vegetation for temporary sediment control. If soils are to remain exposed more than seven days after completion of the work, they must be covered with erosion control pads, mats or similar erosion control devices until vegetative stabilization is installed.
e. Where vegetation is used for erosion control on slopes steeper than 2:1, a tackified seed mulch must be used so the seed does not wash away before germination and rooting.
f. Dredged or other excavated material must be placed on upland areas having stable slopes and must be prevented from eroding back into waterways and wetlands.
g. Erosion control measures must be inspected and maintained as necessary to ensure their continued effectiveness until soils become stabilized.
h. All erosion control structures must be removed when the project is complete and soils are stabilized and vegetated.
Attachment A 59245-RF Page 4 of 8
11. Hazardous, Toxic, and Waste Material Handling: Petroleum products, chemicals, fresh cement,
sandblasted material and chipped paint, wood treated with leachable preservatives or other deleterious waste materials must not be allowed to enter waters of this state. Machinery refueling is to occur at least 150 feet from waters of this state and confined in a designated area to prevent spillage into waters of this state. Barges must have containment system to effectively prevent petroleum products or other deleterious material from entering waters of this state. Project-related spills into waters of this state or onto land with a potential to enter waters of this state must be reported to the Oregon Emergency Response System (OERS) at 1-800-452-0311.
12. Archaeological Resources: If any archaeological resources, artifacts or human remains are
encountered during construction, all construction activity must immediately cease. The State Historic Preservation Office must be contacted at 503-986-0674. You may be contacted by a Tribal representative if it is determined by an affected Tribe that the project could affect Tribal cultural or archeological resources.
13. Hazards to Recreation, Navigation or Fishing: The activity must be timed so as not to
unreasonably interfere with or create a hazard to recreational or commercial navigation or fishing.
14. Operation of Equipment in the Water: Heavy equipment may be positioned on or traverse the area below highest measured tide only when the area is free of flowing or standing water. All machinery operated below ordinary high water (OHW) elevation must use vegetable-based hydraulic fluids, be steam cleaned and inspected for leaks prior to each use, and be diapered to prevent leakage of fuels, oils, or other fluids below OHW elevation. Any equipment found to be leaking fluids must be immediately removed from and kept out of OHW until repaired. Equipment staging, cleaning, maintenance, refueling, and fuel storage must be at least 150 feet from OHW and wetlands to prevent contaminates from entering waters of the state.
15. Raising or Redirecting Water: The project must not cause water to rise or be redirected and
result in damage to structures or property on the project site as well as adjacent, nearby, upstream, and downstream of the project site.
16. Temporary Ground Disturbances: All temporarily disturbed areas must be returned to original
ground contours at project completion.
Riprap Placement 17. Riprap Placement Methods: Riprap/rock must be placed under the following conditions:
a. Only clean, erosion resistant rock from an upland source must be used as riprap. No
broken concrete or asphalt must be used. b. Riprap rock must be placed in a manner that does not increase the upland surface area. c. Riprap must be placed in a way as to minimize impacts to the active stream channel. d. Gravel or filter fabric should be placed behind the riprap rock, including the toe trench rock,
as a filter blanket. e. All riprap rock must be placed, not dumped, from above the bank line.
Attachment A 59245-RF Page 5 of 8
Compensatory Mitigation The following conditions apply to the actions proposed in the application with a final date of August 8, 2018. 18. Acreage and Type: Mitigation must be conducted according to the minimum acreages and
methods described in the table below.
Summary of Required Mitigation
Miles (Siuslaw River Estuary below HMT) Method
0.0662 (approximately 350’ long x 5’ wide, ~1500 sq ft) Native Vegetation Enhancement
19. Mitigation Site Location: The mitigation must be conducted on-site, at the base of the Riprap wall. The approximate center-point of the mitigation site is 43.9687 degrees Latitude, -124.0977 degrees Longitude. The current legal description is Township 18S. Range 12W, Section 26, Tax Lot 701.
20. Timing of Mitigation Site Planting: Mitigation site must be planted within 60 days after the approved In Water Work Window during which construction begins.
21. Mitigation Site Access Control: Signage (e.g. “Restoration Area – Please keep out”), a fence or
other barrier must be installed around the boundary of the mitigation area as necessary to prevent trampling or other negative impacts to the native vegetation enhancement area.
Monitoring and Reporting Requirements 22. Post-Construction Report Required: A post-construction report demonstrating as-built
conditions and discussing any variation from the approved plan must be provided to DSL within 90 days of revegetation. The post-construction report must include:
a. A scaled drawing, accurate to 1-foot elevation, clearly showing the following:
1. Finished contours of the site. 2. Current tax lot and right-of-way boundaries. 3. Photo point locations.
b. Photos from fixed photo points. This should clearly show the site conditions, and any signage, and fencing required.
c. A narrative that describes any deviation from the approved mitigation plan. 23. Annual Monitoring Reports Required: Monitoring is required until DSL has officially released
the site from further monitoring. The permittee must monitor the site to determine whether the site is meeting performance standards for a minimum period of 3 growing seasons after completion of all the initial plantings. Annual monitoring reports are required and are due by November 1. Failure to submit the required monitoring report by the due date may result in an extension of the monitoring period and/or enforcement action.
24. Extension of the Monitoring Period: The monitoring period may be extended, at the discretion of DSL, for failure of the site to meet performance standards for the final two consecutive years without corrective or remedial actions (such as irrigation, significant weed/invasive plants treatment or replanting) or when needed to evaluate corrective or remedial actions.
Attachment A 59245-RF Page 6 of 8
25. Contents of the Annual Monitoring Report: The annual monitoring report must include the
following information:
a. Completed Monitoring Report Cover Sheet, which includes permit number, permit holder name, monitoring date, report year, performance standards, and a determination of whether the site is meeting performance standards.
b. Site location map(s) that clearly shows the impact site and mitigation site boundaries. c. Site Plan that clearly shows at least the following.
1. The area planted, with the square foot area listed. 2. Current tax lot and right-of-way boundaries. 3. Permanent monitoring plot locations that correspond to the data collected and fixed
photo-points. These points should be overlaid on the as-built map. d. A brief narrative that describes maintenance activities and recommendations to meet
success criteria. This includes when any irrigation occurred. e. Data collected to support the conclusions related to the status of the site relative to the
performance standards listed in this permit (include summary/analysis in the report and raw data in the appendix). Data should be submitted using the DSL Mitigation Monitoring Vegetation Spreadsheet or presented in a similar format as practical for the project.
f. Photos from fixed photo points (include in the appendix). g. Other information necessary or required to document compliance with the performance
standards listed in this permit.
26. Corrective Action May Be Required: DSL retains the authority require corrective action in the event the performance standards are not accomplished at any time within the monitoring period.
Performance Standards
To be deemed successful, the mitigation area must meet the following performance standards, as determined by DSL: 27. Establishment of Permanent Monitoring Locations Required: At least 5 permanent plot
locations must be established during the first annual monitoring in locations to be representative of the site. The permanent plot locations must be clearly marked on the ground (and with GPS recommended).
28. Native Species Cover: The cover of native species, as defined in the USDA Plants Database,
must be at least 50%.
29. Non-Native Species Cover: The cover of non-native species is no more than 20%.
30. Bare Substrate Cover: Bare substrate represents no more than 50% cover.
31. Species Diversity: By Year 3 there are at least 2 different native species. To qualify, a species must have at least 5% average cover and occur in at least 10% of the plots sampled.
ATTACHMENT B
Permit Holder: Port of Siuslaw
Project Name: Damaged Side Bank Repair - 2018
Maps and Drawings for Removal/Fill Permit No. 59245-RF
Attachment B 59245-RF Page 8 of 8
