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Notice of Decision Rev 3/05 MULTNOMAH COUNTY LAND USE AND TRANSPORTATION PROGRAM 1600 SE 190TH Avenue Portland, OR 97233 PH: 503-988-3043 FAX: 503-988-3389 http://www.co.multnomah.or.us/landuse NOTICE OF DECISION This notice concerns a Planning Director Decision on the land use case(s) cited and described below. Case File: T2-08-075 Vicinity Map NÇ Permit: NSA Scenic Area Site Review Permit Location: Located in the I-84, Historic Columbia River Highway & Union Pacific Railroad Right-of-Ways from just east of Multnomah Falls to just east of Ainsworth State Park T1N, R6E, Sections 3, 4, 7, 8, and 9. W.M Applicant: City of Cascade Locks, Bernard Seeger PO Box 308 Cascade Locks, OR 97014 Owners: Oregon Department of Transportation Union Pacific Railroad Co. Attn. Kristen Stallman Attn. Jon Devish 123 NW Flanders 1400 Douglas St Stop Portland, OR 97203-4037 Omaha, NE 68179 Summary: NSA Site Review Request to replace an existing overhead electric transmission line with an underground line including placement of 28 utility vaults, 4 transformer boxes, 4 service meter pedestals, underground line to four existing services along the line and replacement of 4 poles and overhead line crossing Horsetail Creek and Oneonta Creek (temporary bridges will be placed over these two streams for the project period). The project is in the Gorge Special Open Space (GSO) and Gorge Special – Public Recreation (GS-PR) Zone District and Floodplain Development Overlay District. Decision: Approved with Conditions Unless appealed, this decision is effective May 5, 2009, at 4:30 PM. Issued by: George A. Plummer, Planner For: Karen Schilling- Planning Director Date: April 21, 2009 T2-08-075 Page 1 Opportunity to Review the Record: A copy of the Planning Director Decision, and all evidence submitted associated with this application, is available for inspection, at no cost, at the Land Use Planning office during normal business hours. Copies of all documents may be purchased at the rate of 30-cents per page. The Planning Director Decision contains the findings and conclusions upon which the decision is based, along with any conditions of approval. For further information on this case, contact George A. Plummer, Staff Planner at 503-988-3043 ext. 29152. Opportunity to Appeal: This decision may be appealed within 14 days of the date it was rendered, pursuant to the provisions of MCC 38.0640. An appeal requires a $250.00 fee and must state the specific legal grounds on which it is based. To obtain appeal forms or information on the procedure, contact the Land Use Planning offices at 1600 SE 190th Avenue (Phone: 503-988-3043). This decision cannot be appealed to the Columbia River Gorge Commission until all local appeals are exhausted. This decision is final at the close of the appeal period, unless appealed. The deadline for filing an appeal is April 21, 2009 at 4:30 pm. Applicable Approval Criteria: Multnomah County Code (MCC): Multnomah County Code (MCC): Chapter 38, Part 1: General Provisions, Part 3: Administration and Procedures, Part 4: Zoning Districts (MCC 38.2600-2695: GSO and MCC 38.2800-.2895: GS-PR) and Part 6: Approval Criteria (SMA criteria). Copies of the referenced Multnomah County Code sections can be obtained by contacting our office at 503-988-3043 or by visiting our website at http://www.co.multnomah.or.us/landuse. Scope of Approval 1. Approval of this land use permit is based on the submitted written narrative(s) and plan(s). No work shall occur under this permit other than that which is specified within these documents. It shall be the responsibility of the applicant and the property owner(s) to comply with these documents and the limitations of approval described herein. 2. Pursuant to MCC 38.0690, this land use permit expires two years from the date the decision is final if; (a) development action has not been initiated. The property owner may request to extend the timeframe within which this permit is valid, as provided under MCC 38.0690 and 38.0700. Such a request must be made prior to the expiration date of the permit. Conditions of Approval The conditions listed are necessary to ensure that approval criteria for this land use permit are satisfied. Where a condition relates to a specific approval criterion, the code citation for that criterion follows in brackets. 1. To protect sensitive wildlife species and to avoid disturbance of nesting birds and immature mammals, ground disturbance related to the project shall be limited to the time period between August 15th and March 15th as requested by ODFW. Any work outside that period shall first be approved by ODFW in written form and submitted to Multnomah County Land Use Planning. Any work related to the project that may have an impact below the ordinary high water level of any water body (either directly T2-08-075 Page 2 through soil disturbance or indirectly through fall-back of soils into waters) shall be limited to the ODFW in-water work period between July 15th and August 31st or as allowed through an extension issued by ODFW in writing and submitted to County Planning. If the work associated with installation or removal of the temporary bridges will not impact below ordinary high water, then that part of project need not adhere to the in-water work period; however the installation of the bridges should be done during the in-water work period in case there is an accidental impact to the stream water. These work periods are outlined in the application narrative (Exhibit 1.12) and ODFW emails letter included as Exhibits 3.11 and 3.12. [MCC 38.7075(K), (M), (O), (Z)(1) and (Z)(5)]. 2. The mitigation plan for work within the stream, pond, wetland and wildlife buffers shall include the following: The City of Cascade Locks shall remove noxious weeds such as English Ivy, Scott’s Broom, Japanese Knotweed, Tansy Ragwort, and Himalayan Blackberry in the right-of-ways along the project area and shall plant native grasses and/or other native species to replace vegetation removed. [MCC 38.7075(K), (O), (Z)(1) and (Z)(5)]. 3. The tops of the vaults (any visible portion of the vaults) shall be a dark brown be a dark earth tone as shown in the top row of the color chart in the Columbia River Gorge Commission Scenic Resources Implementation Handbook to blend with natural landscape elements and shadows. The applicant shall plant around the two foot above ground vaults, vegetation that will grow to at least two feet in height and shall monitor that vegetation to ensure it becomes established. The transformer boxes and service meter pedestals shall be a dark green or dark brown earth tone color as shown in the top row of the color chart in the Columbia River Gorge Commission Scenic Resources Implementation Handbook. The applicant shall plant vegetation (native bushes) around transformer boxes and service meter pedestals to screen them from the KVAs and so they will blend into the environment. The bushes shall be of a sufficient size that they either screen the project feature so it is visually subordinate and not visually evident from the KVA or will screen them to meet those standards within five years. The planted vegetation shall be monitored to determine if the vegetation has successfully been established. If the vegetation establishment is not successful then the applicant will be responsible for its replacement within the next growing season. The planted vegetation shall be species native to the Columbia River Gorge and included on the recommended species list in the Scenic Resources Implementation Handbook. [MCC 38.7040(A)(1), (A)(3), (A)(9) and(A) (10), MCC 38.7040(C)(2) and (C)(5) and MCC 38.7040(D)]. 4. Vegetated areas disturbed (soil disturbed) as a result of this project shall be revegetated through replanting with only native plant species of the Columbia River Gorge, as soon as possible after the excavation work has been completed, the electric line has been buried, and the vaults, transformer boxes other facilities have been have been installed or removed. All planted vegetation shall be native plant species of the Columbia River Gorge. A progress report on the success and survival of the planted vegetation shall be submitted to the Multnomah County Planning Office by August 31st the year after the completion of the project. [MCC 38.7040 (B), MCC 38.7075(B) and MCC 38.7075 (X)] 5. Prior to any soil disturbance, excavation or grading on the project area, the City of Cascade Locks (applicant) shall submit to County Land Use Planning office an affidavit, as shown in Exhibit 2.2, signed by the project contractor demonstrating that person(s) understands the conditions of approval and the requirement to immediately stop work if any archeological artifacts and/or human remains are found on-site during the project. That affidavit shall also include a statement that the contractor has informed employees and/or subcontractors so that they also understands the requirement to immediately stop work if any archeological artifacts are found. And that it is understood that within 24 hours of any such discovery the Multnomah County Planning Director (or staff contact) shall be T2-08-075 Page 3 notified. All ground disturbing activity on-site shall be carried out in a cautious and conscience manner so as not to disturb or damage any archeological sites and human remains that may be on site. [MCC 38.0660 and MCC 38.7050(H)] 6. If any Cultural Resources, archaeological resources or human remains are located or discovered during this project, including finding any evidence of historic campsites, old burial grounds, implements, or artifacts, the applicant/contractor/equipment operators shall immediately stop work, and implement the following procedures: [MCC 38.7050 (H)] In the event of the inadvertent discovery of cultural resources during construction or development, the applicant and/or contractor shall notify the Multnomah County Planning Director and implement the following procedures: (1) In the event of the discovery of cultural resources, work in the immediate area of discovery shall be suspended until a cultural resource professional can evaluate the potential significance of the discovery pursuant to MCC 38.7050 (G) (3).
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