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Letter of Approval – GRAD 2019-03 – 515 S. Settlemier Avenue Page 1 of 3 June 17, 2019 Morgan Will, Development Manager Stafford Land Co. 8840 SW Holly Lane Wilsonville, OR 97070-9800 RE: Approval of Grading Permit GRAD 2019-03 “Smith Creek: City Stormwater Tract” at 515 S. Settlemier Avenue (Tax Lot 051W18BC04100); Accela record no. 971-19-000039-PLNG. Dear Mr. Will: Following original submittal of the grading permit application on February 25, 2019 and additional and revised materials through June 17, staff approves the permit with the following conditions: Planning Conditions of Approval: 1. Conformance with Approved Plans: All site work shall be in substantial conformance with the attached grading plan submitted June 17, 2019. 2. DEQ: All development activity shall be in accordance with the approved 1200-C file 126263 and permit 33079 dated April 22, 2019. The applicant shall provide to the City any modifications to the Department of Environmental Quality (DEQ) permit. 3. The applicant, not the City, is responsible for obtaining permits from the US Army Corps of Engineers (USACE), Oregon Department of State Lands (DSL), Oregon Department of Transportation (ODOT), and other agencies which might require approval or permit. 4. All work within public rights-of-way or easements within City jurisdiction shall require plan approval and permit issuance from the Public Works Department. Public Works Conditions of Approval: The applicant shall: ---PAGE BREAK--- Letter of Approval – GRAD 2019-03 – 515 S. Settlemier Avenue Page 2 of 3 5. Comply with submitted Grading Plan (Sheet 4 of 10); including measures to keep the right of way clean and to protect existing catch basins around the work area. All catch basins around the work area shall be clean of debris and soils at all times. 6. Continuously maintain adequate protection of all the work from damage and shall protect the public and private property of others from injury or loss arising in connection with the work. 7. Comply with City of Woodburn Planning Department requirements through Woodburn Development Ordinance (WDO) 5.01.04 Grading Permit. 8. Prior to starting work, contact Public Works for inspection of the erosion control in the public right-of-way. Contact Dago Garcia, P.E., City Engineer at (503) 982-5248 or [EMAIL REDACTED]. Background The disturbed but mostly undeveloped subject property along a west tributary of Mill Creek is termed the “City stormwater tract” in the Smith Creek Development Final Order of November 14, 2018 per Condition G3. Stafford Land Company (“developer”) is to improve the tract for both regional stormwater management and the Mill Creek Greenway Trail pursuant to Smith Creek general and Phase 1A Conditions of Approval. An existing wellhouse for City Well #13 exists in the southeastern area of the tract along S. Settlemier Avenue and south of the creek tributary. The grading permit original submittal illustrates paved trail along the north sides of the creek tributary and what would become large east and small west stormwater detention ponds. Context This grading permit in no way abrogates or supersedes any conditions of approval in the Smith Creek Development Final Order of November 14, 2018. Particularly with respect to Condition G5, the civil engineering plans submitted separately to the Public Works Department, not this grading permit, act akin to a Final Plan review process for the City stormwater tract. The purpose of the Final Plan review is to resolve outstanding design issues and have staff verify that the developer is meeting Smith Creek conditions of approval, especially those related to Mill Creek Greenway improvements. With this in mind, staff met internally March 5 to discuss the permit application, and the developer had scheduled with staff a March 18 meeting to discuss Phase 1A work. At that meeting, the applicant verbally requested deferral of items that the incompleteness letter of March 15, 2019 listed related to a later time. ---PAGE BREAK--- Letter of Approval – GRAD 2019-03 – 515 S. Settlemier Avenue Page 3 of 3 The applicant submitted for GRAD 2019-03 a June 17, 2019 letter serving as this request to defer as part of other materials addressing the incompleteness letter. Because the Smith Creek final order includes no subdivision of the City stormwater tract, the only review process to which to defer final order items is civil engineering plans. Public Works staff cannot approve civil engineering plans for the tract until Planning Division staff signs off that the plans meet final order conditions of approval. When Public Works receives application for civil engineering plans review for the tract, the Planning Division would expect Stafford to address the outstanding items from the GRAD 2019-03 incompleteness letter. Summary of Review: This site is subject to the development standards of the Woodburn Development Ordinance. The applicant is requesting to grade the site in preparation for improvements to the tract for both regional stormwater management and the Mill Creek Greenway Trail. Pursuant to WDO 4.01.02, The Director shall render all Type I land use decisions. The Director’s decision is the final decision of the City on a Type I application and cannot be appealed by any party through the City land use appeals process. If you have any questions regarding this matter, contact Chris Kerr, Community Development Director [EMAIL REDACTED] or (503) 980-2445. Final decision approved by designee: Colin Cortes, AICP, CNU-A, Senior Planner June 17, 2019 Enclosures 1. DEQ 1200-C Permit 33079 (abridged) 2. Application Form 3. Applicant’s Incompleteness Response Letter June 17, 2019 4. Approved Grading Plan (Sheet 4) 5. Wetland Delineation Report (abridged) 6. Smith Creek Development Exhibits C-4 & Y-1 cc: Chris Kerr, AICP, Community Development Director Dan Handel, AICP, Associate Planner Dago Garcia, P.E., City Engineer file(s): GRAD 2019-03 Accela record no. 971-19-000039-PLNG ---PAGE BREAK--- Permit Number: 1200-C Expiration Date: December 14, 2020 Page 1 of 30 GENERAL PERMIT NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM STORMWATER DISCHARGE PERMIT Oregon Department of Environmental Quality 811 SW Sixth Avenue, Portland OR 97204 Telephone: (503) 229-5279 or 1-[PHONE REDACTED] (toll free in Oregon) Issued pursuant to ORS 468B.050 and Section 402 of the Federal Clean Water Act REGISTERED TO: File No: 126263 Date: April 22, 2019 Permit No: 33079 Marion County City of Woodburn EPA: ORR10F665 270 Montgomery St LLID: 1228535451394 Woodburn, OR 97071-4730 River Mile: 0.65000000000000002 Location: TL 4100 Drainage Improvements, 515 S. Settlemier Ave, Woodburn SOURCES COVERED BY THIS PERMIT: The legally authorized representative (see Definitions) for construction activities (as defined below) that may discharge to surface waters or conveyance systems leading to surface waters of the state must register for coverage under this permit with DEQ before any land disturbance occurs, unless the construction activities are automatically covered as described in the 1200-CN permit. • Construction activities including clearing, grading, excavation, materials or equipment staging and stockpiling that will disturb one or more acres and may discharge to surface waters or conveyance systems leading to surface waters of the state. • Construction activities including clearing, grading, excavation, materials or equipment staging and stockpiling that will disturb less than one acre that are part of a common plan of development or sale if the larger common plan of development or sale will ultimately disturb one acre or more and may discharge to surface waters or conveyance systems leading to surface waters of the state. • This permit also authorizes discharges from any other construction activity (including construction activity that disturbs less than one acre and is not part of a common plan of development or sale) designated by DEQ, where DEQ makes that designation based on the potential for contribution to an excursion of a water quality standard or for significant contribution of pollutants to waters of the state. This permit does not authorize the following: • In-water or riparian work, which is regulated by other programs and agencies including the Federal Clean Water Act Section 404 permit program, the Oregon Department of State Lands, the Oregon Department of Fish and Wildlife, the U.S. Fish and Wildlife Service, the U.S. Army Corp of Engineers, the National Marine Fisheries Service, and the Department of Environmental Quality Section 401 certification program. • Post-construction stormwater discharges that originate from the site after completion of construction activities and final stabilization. • Discharges to underground injection control (UIC) systems. Effective: December 15, 2015 Expiration Date: December 14, 2020 ---PAGE BREAK--- Permit Number: 1200-C Expiration Date: December 14, 2020 Page 2 of 30 PERMITTED ACTIVITIES Until this permit expires, is modified or revoked, the permit registrant is authorized to construct, install, modify, or operate erosion and sediment control measures and stormwater treatment and control facilities, and to discharge stormwater and certain specified non-stormwater discharges to surface waters of the state or conveyance systems leading to surface waters of the state only in conformance with all the requirements, limitations, and conditions set forth in the permit including attached schedules as follows: Unless specifically authorized by this permit, by regulation issued by EPA, by another NPDES permit, or by Oregon Administrative Rule, any other direct or indirect discharge to waters of the state is prohibited, including discharges to an underground injection control system. ---PAGE BREAK--- Permit Number: 1200-C Expiration Date: December 14, 2020 Page 3 of 30 Table of Contents SCHEDULE A CONTROLS AND LIMITATIONS 4 1. Registering New Construction Activities 4 2. Renewal Application for Permit Coverage 4 3. Transfer of Permit Registration 5 4. Authorized Stormwater Discharges 5 5. Authorized Non-Stormwater Discharges 5 6. Prohibited Discharges 6 7. Control Measures 6 8. Implementation of Control Measures 9 9. BMP Maintenance 11 10. In-stream Water Quality Standards 11 11. Water Quality Requirements for TMDL and 303(d) Listed Waterbodies 11 12. Erosion and Sediment Control Plan (ESCP) 12 13. Corrective Actions 14 SCHEDULE B MINIMUM MONITORING AND RECORDKEEPING REQUIREMENTS 16 1. Visual Monitoring 16 2. Recordkeeping 17 SCHEDULE D SPECIAL CONDITIONS 18 1. Schedule Precedence 18 2. Other Requirements 18 3. Termination of Permit Registration 18 4. Local Public Agencies Acting as DEQ’s Agent 19 5. Permit-Specific Definitions 19 SCHEDULE F NPDES GENERAL CONDITIONS – INDUSTRIAL FACILITIES 22 SECTION A. STANDARD CONDITIONS 22 SECTION B. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 23 SECTION C. MONITORING AND RECORDS 26 SECTION D. REPORTING REQUIREMENTS 28 SECTION E. DEFINITIONS 30 ---PAGE BREAK--- abridged ---PAGE BREAK--- ---PAGE BREAK--- From: Morgan Will, Stafford Development Company, LLC To: City of Woodburn, C/O Colin Cortes Cc: Chris Kerr, Dan Handel, Eric Liljequist, Dago Garcia, Ted Cuno, Roy Hankins Date: 6/17/19 Subject: Grad 2019-03 This narrative is intended to support the Grading Permit Application – GRAD 2019-03 for the City owned Tax Lot 4100. A letter of incompleteness from the City of Woodburn was received on March 15, 2019 with items A-Q. Below is a response to each item in that letter: Item: A. ADA Compliance: This is an element which the Grading Permit approval Criteria state shall be reviewed pursuant to Public Works Construction Standards and Specifications. Compliance will be reviewed by the City Engineer to his satisfaction under a separate permit for the site’s civil construction plans. Upon approval of those plans by the City Engineer this grading issue will be automatically met under this permit. Path cross-section and profile is ADA compliant, see plans sheets 2, 8, & 9. Condition G-10 (#20) is addressed in the Attachment 1 – Phase 1A Conditions of Approval Status Memo included with the Final Plan narrative emailed by Morgan Will to the Planning Director on 5/24/2019, and those comments apply here, too. B. Bollards: This item is not Applicable to the Grading Permit. C. Construction Access: Sheet 4 notes that material haul route will not be on Settlemier Ave. Settlemier may still be used as a secondary access for delivery of supplies permitted, as this street is the only public access to the property This item is addressed by the plans. D. Construction Schedule: Not Applicable to Grading Permit. Work is planned for the summer and during regular work hours as allowed by code. E. Path Pavement: This is an element which the Grading Permit approval Criteria state shall be reviewed pursuant to Public Works Construction Standards and Specifications. Compliance will be reviewed by the City Engineer to his satisfaction under a separate permit for the site’s civil construction plans. Upon approval of those plans by the City Engineer this grading issue will be automatically met under this permit. Conditions SUB-4a (#139) is addressed in the Attachment 1 – Phase 1A Conditions of Approval Status Memo included with the Final Plan narrative emailed by Morgan Will to the Planning Director on 5/24/2019. Comments in that file address how three trail segments will be built in the process to complete the Cornwell Mattson N-S path, as shown on the preliminary plans. These plans for City Tax Lot 4100 show the second segment north of Phase 1A’s first segment paved to the intersection with the E-W path meeting the requirements of the approval. The final segment, north of the E-W path will be paved concurrent with Phase 4B, consistent with approved preliminary Exhibit C-8 sheets 3 and 7 ---PAGE BREAK--- meeting COA G1 COA G2a is met by these plans as it also meets COA G1 as explained above. The gravel portion of the path shown on the plans north of the E-W path is provided at this time to enhance the existing farm road over the culvert allowing more convenient maintenance access by the City to its property on the north side of the drainage. It is not intended to be the third leg of the N-S path, which will be paved and improved in Phase 4B. A paved path north from Tax Lot 4100 to nowhere was never planned and is not proposed here. The paved path segments west and south will connect with Phase 1A which will be built concurrently with this project and thus are shown. F. Cut and Fill: Cut and fill are not balanced, Sheet 4 grading has a note added to the Earthwork Summary table indicating excess material will be haul to the adjacent Smith Creek property. This item is addressed by the plans. G. DEQ: Approval of 1200-C Permit No. 126263 was granted on 4/22/19 and the permit is attached with this Narrative. No other agency (i.e. USACE nor DSL) permits are required for the proposed work. H. Drainage Offsite: Only one existing storm drain, at 670 Smith Drive, outfalls south from the adjacent Smith’s Addition development to the existing ditch. The grading proposed will result in drainage capacity improvements along this corridor. In the event of a storm event, the proposed newly graded terrain will act as an “overflow zone” the entire length of the ditch, including west of the N-S Access Way. This will decrease storm water volume in the ditch at the storm drainage outfall point from Smith’s Addition. There is no erosion issue on the south side of the ditch at this outfall point at this time. There is existing vegetated area preserved near the outfall south of the ditch including the trees and wetland which will protect the improvements from damage. Exposed soil will be re-seeded, and the trail will be hard surfaced, thus damage or erosion in not anticipated. See Sheet 4 for grading. The second existing storm drain south from Smith’s Addition is hard piped to the existing culvert west of 520 Smith Drive and outfalls east of that lot. During a storm event this drainage would not interface or have a risk of damage to improvements. I. Driveway: The existing driveway at Settlemier Ave appears to be in adequate condition (see photo in Figure 1 below). There is no need to replace the driveway at this time. Plus, replacement is not required for Grading Permit approval nor to meet any condition of approval. The request is for approval of grading on-site, not in the street right-of-way. This item is not applicable to the Grading Permit. Figure 1: Photo of driveway on Settlemeier at site’s east access point. ---PAGE BREAK--- J. The Applicant is of the understanding the form issue was addressed following the meeting. This item has been addressed. K. Greenway Signage: Not Applicable to Grading Permit. The Applicant takes the Assistant City Administrator’s request under advisement. L. Greenway trail: AC is asphalt, no change needed. This item is addressed by the plans. M. Landscaping: 1. Pond Planting Plan revised for clarity. This item is addressed by the plans. 2. Revisions were made to preserve trees along the south side of the trail south of 590 Smith drive. No tree mitigation is planned nor required for tree removal for these public infrastructure improvements, nor is it required for Grading Permit approval nor by a condition of approval. N. Minor Revisions: These were made when required by code or standards. This item is addressed by the plans. O. Railings: Sections of access way on Sheet 2 of the plans show a 2-feet wide shoulder on both sides as required. Slopes are not steep enough plus there is horizontal separation from the path to the slopes such that railings or other fencing are not needed adjacent to areas of cut. If upon final inspection of site work any safety concerns are identified, then measures could be considered at that time that are appropriate for the location to address any actual hazards which may be discovered. P. Tree removal: Grading plan revisions show retention of the cluster of trees. This item is addressed by the plans. Q. Wetlands: A Wetland Delineation Report is attached with this Narrative. The proposed Grading Permit avoids wetlands as shown on plans. R. Greenway Support Facilities: This item is not Applicable to the Grading Permit. ---PAGE BREAK--- 1 2 2 3 GENERAL NOTES: SETBACK LIMITATIONS N GRADING PLAN 04 EARTHWORK SUMMARY GRADING LEGEND: 515 S. 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