Attachment D Wascoe County Permit.pdf

PLANNING DEPARTMENT

2705 East Second Street • The Dalles, OR 97058 p: [541] 506‐2560 • f: [541] 506‐2561

NOTICE OF DECISION

FILE #: 921‐21‐000001‐PLNG DECISION DATE: July 14, 2022 APPEAL DEADLINE: July 29, 2022

REQUEST: Request to demolish, relocate, and replace existing boat ramp; install piles and docks;

reconfigure, expand and re‐pave the existing parking lot; and demolish and replace existing vault toilet structure at Mayer State Park Boat Launch Area.

Proposed Improvement Original Size Replacement Size

Vault toilet 10’ x 10’W x 10’H 8’L x 14’4”W x 12’H

Boat Ramp 62’L x 30’W @ grade 125’L x 26.5’W @ grade

Dock 80’L x 6’W x 24”H 80’ x 6’ x 24”H

Pilings varied L x 12” diameter x varied H (3 pilings) varied L x 12” diameter x varied H (4 pilings)

Parking Lot 31,230 SF 40,000 SF +/‐

Swales N/A 180’L x 13’W x 3” Deep 60’L x 15’W x 3” Deep

DECISION: Approved, with Conditions

APPLICANT/OWNER INFORMATION:

APPLICANT: Darrell Monk, c/o Oregon Parks and Recreation Department, 725 Summer Street NE, Suite C., Salem OR, 97301

OWNER: Oregon Parks and Recreation Department, 725 Summer Street, NE, Suite C., Salem OR, 97301

PROPERTY INFORMATION:

LOCATION: The subject parcel is located east of Interstate 84 W, .75 miles northwest of its intersection with Rowena River Road and Exit 76, and approximately 6 miles west of Mosier, more specifically described as:

Map/Tax Lot Acct. # Acres 2N 12E 2 C 200 15784 30.32

ZONING: "PR" Public Recreation, and “OS” Open Space Zones, Special Management Area of the Columbia

River Gorge National Scenic Area, Environmental Protection Overlay 1‐ Flood Hazard Overlay, Environmental Protection 2‐ Geologic Hazards Overlay

Attachments: Staff Reviewer: Daniel Dougherty, Senior Planner A. Conditions of Approval B. Time Limits & Appeal Information C. Maps D. Staff Report E. Lighting Standards F. Comments

ATTACHMENT A – CONDITIONS OF APPROVAL

A. Failure to fulfill any conditions of approval within the time limitations imposed may be grounds for initiation of Administrative Action or revocation of approval by the Director.

B. Fire Safety Conditions:

1. Improvements and requirements listed in Chapter 11 of the Wasco County National Scenic Area LUDO and the signed and completed Fire Safety Standard Self‐Certification shall be achieved within one year of the date of approval and maintained through the life of the development.

This certification commits all future property owners to the same requirements. A copy of this self‐certification form is available for inspection at the Wasco County Planning Department under File #921‐21‐000001‐PLNG.

2. All structures shall be designed to withstand earthquakes.

C. National Scenic Area Conditions

1. Cultural Resources:

a. If deep vibratory coring of late Pleistocene and Holocene river sediments occurs, an archaeologist shall screen all sediments in an effort to identify any cultural resources.

b. If deep vibratory coring does not occur, an archaeological monitor shall be present during construction activities associated with the boat ramp replacement where native soils will be disturbed.

c. Monitoring shall be conducted during construction/placement of the new vault toilet where proposed construction activities will be deeper than the archaeological survey was able to excavate (Quarter Testing Unit – QTU – A13). Monitoring will include an inadvertent discovery plan that provides a clear protocol for the inadvertent discovery of archaeological resources during construction.

d. If cultural resources are discovered during construction or development, the applicant shall:

1. Halt Construction: All construction activities within 100 feet of the discovered cultural resource shall cease. The cultural resources shall remain as found; further disturbance is prohibited.

2. Notification: The project applicant shall notify the County Planning Office and the Gorge

Commission within 24 hours of the discovery. If the cultural resources are prehistoric or otherwise associated with Native Americans, the project applicant shall also notify the Indian tribal governments within 24 hours.

3. Survey and Evaluation: The Gorge Commission will survey the cultural resources after obtaining written permission from the landowner and appropriate permits from the State Historic Preservation Office (see, ORS 358.905 to 358.955).

a. The Commission will gather enough information to evaluate the significance of the cultural resources.

b. The survey and evaluation will be documented in a report that generally follows the criteria in the "Reconnaissance Survey Reports‐‐Large Scale Uses" and "Evaluation of Significance, Evaluation Criteria and Information Needs" of this chapter.

c. Based on the survey and evaluation report and any written comments, the County will make a final decision on whether the resources are significant.

d. Construction activities may recommence if the cultural resources are not significant.

e. A mitigation plan will be prepared by the Gorge Commission if the affected cultural resources are significant.

4. Mitigation Plan: Mitigation plans shall be prepared according to the information, consultation, and report guidelines contained in the Mitigation Plans.

5. All survey and evaluation reports and mitigation plans shall be submitted to the County

Planning Office and the State Historic Preservation Office.

6. Indian tribal governments also shall receive a copy of all reports and plans if the cultural resources are prehistoric or otherwise associated with Native Americans.

7. Construction activities may recommence when the conditions in the mitigation plan have been executed.

e. If human remains are discovered during a cultural resource survey or during construction, the applicant shall comply with the following requirements: (Note: Human remains means articulated or disarticulated human skeletal remains, bones, or teeth, with or without attendant burial artifacts.)

1. Halt Activities: All survey, excavation, and construction activities shall cease. The human remains shall not be disturbed any further.

2. Notification: Local law enforcement officials, the County Planning Office, the Gorge

Commission, and the Indian tribal governments shall be contacted immediately.

3. Inspection: The county coroner, or appropriate official, shall inspect the remains at the project site and determine if they are prehistoric/historic or modern. Representatives from the Indian tribal governments shall have an opportunity to monitor the inspection.

4. Jurisdiction: If the remains are modern, the appropriate law enforcement officials will assume jurisdiction and the cultural resource protection process may conclude.

5. Treatment: Prehistoric/historic remains of Native Americans shall generally be treated in accordance with the procedures set forth in ORS 97.740 to 97.760.

6. If the human remains will be reinterred or preserved in their original position, a mitigation plan shall be prepared in accordance with the consultation and report requirements.

a. The mitigation plan shall accommodate the cultural and religious concerns of Native Americans.

b. The cultural resource protection process may conclude when the conditions set forth in the Mitigation Plans, are met and the mitigation plan is executed.

2. Other Scenic Area Conditions:

a. Colors:

1. The following materials and colors have been approved for all new development:

Material Exterior Color Manufacturer Looks Like Consistent with color requirement?

Siding (vault toilet)

Cement Nuss Brown CXT Incorporated Dark Brown Yes, approved

Roof (vault toilet)

Cement Java Brown CXT Incorporated Dark Brown Yes, approved

Door (vault toilet)

Steel Nuss Brown CXT Incorporated Dark Brown Yes, approved

Boat Ramp Concrete Gray Oregon State Marine Board

Gray Yes, approved

Dock Aluminum/ Wood/ Fiberglass

Silver/gray Oregon State Marine Board

Shades of gray

Yes, approved

Pilings Steel Rust Oregon State Marine Board

Dark reddish brown

Yes, approved

2. If alternate colors are proposed, they shall be submitted to and approved by the Planning

Department prior to their application on the building permit.

C. Miscellaneous Conditions:

1. Ground disturbance shall be minimized to the greatest extent possible. All ground disturbances resulting from construction of the new development must be revegetated no later than the next planting season (Oct‐April) with native species of the Columbia River Gorge. The property owners and their successors in interest shall be responsible for survival of planted vegetation and the replacement of such vegetation that does not survive.

2. Dust shall be contained within the development site and be watered as necessary to prevent dust from leaving the construction site.

3. Outdoor lighting shall be sited, limited in intensity, shielded and hooded in a manner that prevents the lighting from projecting onto adjacent properties, roadways, and waterways.

Shielding and hooding materials shall be composed of nonreflective, opaque material.

4. The applicant shall obtain all required permits from the Oregon Department of Fish & Wildlife (ODFW) and comply with all in‐water work regulations and timelines from ODFW (November 15 – March 15).

5. The applicant shall obtain a permit for the development from the U.S. Army Corps of Engineers prior to commencement of any work.

6. The owner shall sign a Forest‐Farm Management Easement in front of a Notary registered in the state of Oregon, and record the easement with the Wasco County Clerk prior to issuance of zoning approval on a building permit application.

7. Noncompliance with any condition of approval shall be grounds for revocation of the permit.

Revocation of the Conditional Use Permit shall be considered to be a land use action and shall be reviewed by the Planning Commission according to the requirements in Section 5.040. With the proposed condition of approval, Staff finds that the request complies with Section 5.040.

D. Wetland/Wildlife Conditions:

1. The Oregon Parks & Recreation Department shall provide a progress report to Wasco County ever 3 years that documents milestones, successes, problems, and contingency actions. The Department will establish photographic monitoring stations and photographs shall be used to monitor all mitigation progress.

2. A final monitoring report shall be submitted to the County for review upon completion of the restoration, enhancement, or replacement activity. This monitoring report shall document successes, problems encountered, resource recovery, status of any sensitive wildlife/plant species and shall demonstrate the success of restoration and/or enhancement actions. The County shall submit copies of the monitoring report to the Forest Service; who shall offer technical assistance to the County in helping to evaluate the completion of the mitigation plan.

In instances where restoration and enhancement efforts have failed, the monitoring process shall be extended until the applicant satisfies the restoration and enhancement guidelines.

3. Restoration and enhancement efforts shall be completed no later than one year after the sensitive resource or buffer zone has been altered or destroyed, or as soon thereafter as is practicable.

4. All natural vegetation within the buffer zone shall be retained to the greatest extent practicable.

Appropriate protection and maintenance techniques shall be applied, such as fencing, conservation buffers, livestock management, and noxious weed control. Within five years, at least 75 percent of the replacement vegetation must survive. All plantings must be with native plant species that replicate the original vegetation community.

5. Habitat that will be affected by either temporary or permanent uses shall be rehabilitated to a natural condition. Habitat shall be replicated in composition, structure, and function, including tree, shrub and herbaceous species, snags, pool‐riffle ratios, substrata, and structures, such as large woody debris and boulders.

6. If this standard is not feasible or practical because of technical constraints, a sensitive resource of equal or greater benefit may be substituted, provided that no net loss of sensitive resource functions occurs and provided the County, in consultation with the appropriate State and Federal agency, determine that such substitution is justified.

7. Sensitive plants that will be destroyed shall be transplanted or replaced, to the maximum extent practicable. Replacement is used here to mean the establishment of a particular plant species in areas of suitable habitat not affected by new uses. Replacement may be accomplished by seeds, cuttings, or other appropriate methods.

8. Replacement shall occur as close to the original plant site as practicable. The project applicant shall ensure that at least 75 percent of the replacement plants survive 3 years after the date they are planted. Nonstructural controls and natural processes shall be used to the greatest extent practicable.

a. Show location and nature of temporary and permanent control measures that shall be applied to minimize erosion and sedimentation when riparian areas are disturbed, including slope netting, berms and ditches, tree protection, sediment barriers, infiltration systems, and culverts.

b. Groundwater and surface water quality will not be degraded by the proposed use. Natural hydrologic conditions shall be maintained, restored, or enhanced in such a manner that replicates natural conditions, including current patterns (circulation, velocity, volume, and normal water fluctuation), natural stream channel and shoreline dimensions and materials, including slope, depth, width, length, cross‐sectional profile, and gradient.

c. Shoreline stability shall be maintained or restored with natural revegetation.

d. The size of restored, enhanced, and replacement (creation) wetlands shall equal or exceed the following ratio. The first number specifies the required acreage of replacement wetlands, and the second number specifies the acreage of wetlands altered or destroyed.

Restoration: 2: l Creation: 3: l Enhancement: 4: l

9. OPRD shall control all soil movement within the mitigation area identified in Table 2 of the

Biological Assessment of Mayer State Park.

SIGNED THIS 14th day of July, 2022 at The Dalles, Oregon.

Daniel Dougherty, Senior Planner Wasco County Planning Department

ATTACHMENT B – TIME LIMITS AND APPEAL INFORMATION

NOTE: Any new land uses or structural development such as residences; garages, workshops or other accessory structures; or additions or alterations not included in the approved application or site plan will require a new application and review.

NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: Oregon Revised Statutes, Chapter 215, requires that if you receive this notice, it must promptly be forwarded to the purchaser.

No development shall occur until the appeal period has expired, and conditions of approval are adhered

to. Per Section 2.240 of the National Scenic Area Land Use and Development Ordinance, this approval shall expire: (1) When construction has not commenced within two years of the date the land use approval was granted, or, or (2) When the structure has not been completed within two years of the date of commencement of construction. The expiration date for the validity of a land use approval is from the date of the expiration of the appeal period and not the date the decision was issued.

Please Note!

No guarantee of extension or subsequent approval either expressed or implied can be made by the Wasco County Planning Department. Please take care in implementing your proposal in a timely manner.

APPEAL PROCESS:

The decision date for this land use review is Thursday, July 14, 2022. The decision of the Director shall be final unless an appeal from an aggrieved party is received by the Director within twelve (12) days of the mailing date of this decision, Friday, July 29, 2022, at 4:00 p.m., or unless the Planning Commission or Board of County Commissioners on its own motion orders review within twelve (15) days of the date of decision. A complete record of the matter is available for review upon request during regular business hours or copies can be ordered at a reasonable price at the Wasco County Planning Department. Notice of Appeal forms may also be obtained at the Wasco County Planning and Development Office. The filing fee for an appeal is $250.00. Fees are refunded if appellant prevails.

FINDINGS OF FACT:

Findings of fact approving this request may be reviewed at the Wasco County Planning Department, 2705 East Second Street, The Dalles, Oregon, 97058, or are available for purchase at the cost of $0.25 per page. These documents are also available online at:

https://www.co.wasco.or.us/departments/planning/active_landuse_applications.php.Click on Pending Land Use Actions. The table is sorted alphabetically by the name of the applicant. The information will be available until the end of the appeal period.

ATTACHMENT C – MAPS

Applicant: Darrell Monk Owners: Oregon Parks & Recreation Department Map/Tax Lot: 2N 12E 2C 200; Account: 15784

Location Map

Site Plan

Site Plan