Permit DOSL No. 25364-FP Renewal Wetland/Tickle Creek Department of State Lands Permit No.: 25364-FP Renewal
775 Summer Street NE, Suite 100 Permit Type: Fill
Salem, OR 97301-1279 Waterway: Wetland/Tickle Creek
W 503-378-3805 County: Clackamas
Expiration Date: March 18, 2007
Corps No.: 2002-00284
CITY OF SANDY
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 shall 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. A copy of the permit shall be available at the work site whenever operations authorized by the
permit are being conducted.
6. Employees of the Department of State Lands and all duly authorized representatives of the
Director shall be permitted access to the project area at all reasonable times for the purpose of
inspecting work performed 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 twenty-one (21) calendar days of the date this permit was issued.
8. In issuing this permit, the Department 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 of
ORS Chapters 196, 390 and related administrative rules.
9. Permittee shall 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.
NOTICE: If removal is from state-owned submerged and submersible land, the applicant 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
- 274.940. This permit does not relieve the permittee of an obligation to secure appropriate leases
from the Department 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 Department of State Lands, 503-378-3805.
Michael Morales, W Region Manager
Wetlands & Waterways Conservation 144
Oregon Department of State Lands
., January 27, 2006
Authorized Signature Date Issued
CJY 1/)-/ J L" 1,41M
ATTACHMENT A
CITY OF SANDY
Special Conditions for Removal/Fill
PLEASE READ AND BECOME FAMILIAR WITH CONDITIONS OF YOUR PERMIT. This project
may be site inspected by the Department of State Lands as part of our monitoring program.
The Department 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 120 cubic yards of rock and gravel and removal of
up to 20 cubic yards of sand, silt and clay in T 2S, R 4E, Sections 13, 14 & 24, Tax Lots 2203,
2300, 2600, 0300, 0800, 0100 & 1200 in Tickle Creek and an un-named tributary to Tickle Creek,
Clackamas County, as outlined in the attached permit application, map and drawings, dated April
19, 2002 and February 3, 2005.
2. This permit also authorizes removal and fill activities necessary to complete the required
compensatory mitigation.
3. Issuance of this permit is contingent upon acquisition of the required Flood, Slope & Hazard
Review from the City of Sandy.
4. 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.
5. 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.
6. 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.
7. The following erosion control measures (and others as appropriate) shall be observed:
a. Filter bags, sediment fences, sediment traps or catch basins, leave strips or berms, or other
measures shall be used sufficient to prevent movement of soil from uplands into waterways or
wetlands.
Attachment A
25364-FP Renewal
Page 3 of 5
b. To prevent erosion, use of compost berms, impervious materials or other equally effective
methods, shall be used to protect soil stockpiled during rain events or when the stockpile site
is not moved or reshaped for more than 48 hours.
c. Erosion control measures shall be inspected and maintained daily, or more frequently as
necessary, to ensure their continued effectiveness and shall remain in place until all exposed
soil is stabilized.
d. Unless part of the authorized permanent fill, all construction access points through, and
staging areas in, riparian or wetland areas shall 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 shall 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
permitted work, they shall be covered with erosion control pads, mats or similar erosion control
devices until vegetative stabilization is installed.
e. Where vegetative erosion control is being done on cut slopes steeper than 1 H:2V, a tackified
seed mulch shall be used so the seed does not wash away before germination and rooting.
f. Dredged or other excavated material shall be placed on upland areas having stable slopes
and shall be prevented from eroding back into waterways or wetlands
8. 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.
9. 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.
10.All exposed soils shall be stabilized during and after construction in order to prevent erosion and
sedimentation.
11.If any archaeological resources and/or artifacts are uncovered during excavation, all construction
activity shall immediately cease. The State Historic Preservation Office shall be contacted
(phone: 503-986-0669).
12.The Department of State Lands retains the authority to temporarily halt or modify the project in
case of unforeseen damage to natural resources.
13.Fill and removal activities in Tickle Creek shall be conducted between July 15 and August 31 ,
unless otherwise coordinated with ODFW and approved in writing by ODSL.
14.At the project's completion, the stream shall be returned to the original channel.
15.All disturbed areas shall be returned to original ground contours at project completion.
Attachment A
25364-FP Renewal
Page 4 of 5
16.There shall be no operation of equipment in the water. Work in the water shall be conducted from
top of the bank.
17.No removal of vegetation shall occur outside the designated construction corridor (Figures #4a,
4b, 4c & 4d).
18.There shall be no heavy equipment operating or traversing outside the construction corridor or
footprint.
19.Culverts shall meet Oregon Department of Fish and Wildlife requirements for fish passage,.
The following conditions apply to the actions described in the Mitigation Plan (Figures #1 &
#2), dated February 3, 2005.
20.0n-site compensatory mitigation for the loss of 0.011 acres of palustrine scrub-shrub, riverine
flow-through wetland, shall consist of creation of 0.01 acres of palustrine scrub-shrub, riverine flow
through wetland and enhancement of 0.02 acres palustrine emergent and palustrine scrub-shrub
riverine flow-through wetland and approximately 0.10 acres riparian enhancement.
21.Mitigation shall be completed prior to completion of the wetland fill project,
22.Removal or control of invasive, non-native plant species shall be done by hand
23.The mitigation site shall be irrigated for two years after the completion of planting.
24.Shrubs and trees shall be physically protected from herbivory and other damage with heavy
gauge wire mesh or other appropriate material.
25.An as-built survey shall be provided to the Department of State Lands within 90 days of
completion of mitigation site grading and installation of the fish habitat/LWD trees.
26.The permittee shall monitor the mitigation site to determine success for a minimum period of 5
years. The annual monitoring report is due by December 1 of each year and shall include the
following information:
a. Permit number
b. Permittee's name
c. Project name
d. Impact and mitigation site location map(s)
e. A brief narrative that describes maintenance activities and recommendations to meet success
criteria.
f. Documentation that the success criteria listed in condition(s) is being met.
g. Photos from fixed photo points.
h. Other information necessary or required to document compliance with mitigation plan.
27.The applicant shall monitor the compensatory mitigation objectives for 5 years. Annual monitoring
shall commence after grading (and planting if required).
Attachment A
25364-FP Renewal
Page 5 of 5
28.The monitoring period will start when the permittee has demonstrated that hydrology has been
established and initial plantings have been accomplished. Failure to submit a monitoring report at
the above date may result in an extension of the monitoring period, loss of the performance bond,
and/or enforcement action.
To be deemed successful, the mitigation areas shall meet the following success criteria..
29.There shall be 80% survival of planted trees and shrubs (by species) for the duration of the
monitoring period.
30.There shall be no more than 20% cover of non-native species. (Reed canary grass, purple
loostrife, blackberry, wild rye).
31.A vegetated buffer of at least 25 feet shall be maintained between the mitigation wetland and the
development site. The buffer shall be planted in accordance with the attached planting plan,
Figure 2.
Renewed: January 27, 2006
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