Joint Permit Application

MAR 6 2024
This is a joint application, and must be sent to all agencies (Corps, DSL, and DEQ). Alternative forms of permit DEPARTMENT OF STATE LANDS
applications may be acceptable; contact the Corps and DSL for more information.
Date Stamp

U.S. Army Corps of Oregon Oregon

Engineers Department of Department of
Portland District State Lands Environmental
Action ID Number Number 64960GP Quality
(1) TYPE OF PERMIT(S) IF KNOWN (check all that apply)
Corps: ☐Individual ☒Nationwide No.: ____29_____ ☐Regional General Permit __________ ☐Other
(specify):________
DSL: ☐Individual ☐GP Trans ☒GP Min Wet ☐GP Maint Dredge ☐GP Ocean Energy ☐No Permit Waiver
(2) APPLICANT AND LANDOWNER CONTACT INFORMATION
Authorized Agent (if applicable)
Applicant Property Owner (if different)
☒ Consultant ☐ Contractor
Name (Required) Kristy Westby and Laurie Same as applicant Stacey Reed, PWS
Grimm AKS Engineering & Forestry, LLC
Business Name Fox Revocable Living Trust
Mailing Address 1 11690 SE Clover Lane 12965 SW Herman Road
Suite 100
Mailing Address 2
City, State, Zip Happy Valley, OR 97086 Tualatin, OR 97062

Business Phone
Cell Phone
Fax
Email [email protected] [email protected]
(3) PROJECT INFORMATION
A. Provide the project location.
Project Name Latitude & Longitude* (in DD.DDDD format)
Fox Haven Estates 45.453605, -122.525522
Project Address / Location City (nearest) County

9700 SE 132nd Avenue Happy Valley Clackamas

Township Range Section Quarter / Quarter Tax Lot
1S 2E 26 NW/SE 500
Brief Directions to the Site:
From I-205, take Exit 17 to SE Foster Road. Head west on SE Foster Road. Take a right onto SE 110th Avenue and a left
onto SE Mount Scott Boulevard. Turn left onto SE Ridgecrest Road, then right onto SE 132nd Avenue.
B. What types of waterbodies or wetlands are present in your project area? (Check all that apply.)
☐ River / Stream ☒ Non-Tidal Wetland ☐ Lake / Reservoir / Pond

☐ Estuary or Tidal Wetland ☐ Other ☐ Pacific Ocean

Waterbody or Wetland Name** River Mile 6th Field HUC Name 6th Field HUC (12 digits)
PEM Wetland N/A Kellogg Creek 170900120102

* In decimal format (e.g., 44.9399, ‐123.0283)

** If there is no official name for the wetland or waterbody, create a unique name (such as “Wetland 1” or “Tributary A”).
Fox Haven Estates JPA, March 2024
C. Indicate the project category. (Check all that apply.)
☐ Commercial Development ☐ Industrial Development ☒ Residential Development
☐ Institutional Development ☐ Agricultural ☐ Recreational
☐ Transportation ☐ Restoration ☐ Bridge
☐ Dredging ☐ Utility lines ☐ Survey or Sampling
☐ In- or Over-Water Structure ☐ Maintenance ☐ Other:

(4) PROJECT DESCRIPTION

A. Summarize the overall project including work in areas both in and outside of waters or wetlands.

The project consists of a 19‐lot residen al subdivision, referred to as Fox Haven Estates, located in Happy Valley,
Clackamas County, Oregon (see a ached Figure 1 and 2). A recent aerial photograph of the site is included as Figure 3.
The subdivision requires ±0.18‐acres of permanent direct unavoidable impacts to Palustrine emergent (PEM) wetland
to accommodate necessary housing. The wetland impact is less than ±0.50 acres and meets the requirements listed
under US Army Corps of Engineers (USACE) Na onwide Permit 29 for Residen al Development. Total fill and removal
volumes in wetland exceed 50 cubic yards; however, the total impact will be less than ±0.20 acres. As a result, the
project meets the Oregon Department of State Lands (DSL) threshold for a General Permit for Minor Removal‐Fill
Impacts under Oregon Administra ve Rules (OAR) 141‐093‐0160.
This same project was approved by USACE and the Oregon Department of Environmental Quality (DEQ) under NWP‐
2014‐48 and DSL under Removal‐Fill Permit 60735‐FP. Due to economic circumstances, the project was not
constructed. Wetland impacts did not occur. The property is reques ng reauthoriza on to impact wetlands for the
same project. An updated wetland delinea on was issued for the site in 2019.

B. Describe work within waters and wetlands.

The project requires direct permanent impact to the PEM wetland in its entirety (±0.18 acres) for the construction of
SE 134th Avenue and a portion of Lot 13. A total of 2,660 cubic yards of gravel and asphalt will be permanently placed
within Wetland A to facilitate the project. No removal or temporary impacts will occur. A representative cross section
is included on attached Figure 6.

C. Construction Methods. Describe how the removal and/or fill activities will be accomplished to
minimize impacts to waters and wetlands.

Construc on Access and Equipment: Construc on access to the site will occur from SE Ridgecrest Road. The
temporary construc on staging area is located in the northern por on of the site, adjacent to SE Ridgecrest Road in
exis ng upland. The construc on access and staging area loca ons are shown on a ached Figure 5B. Typical
construc on equipment (excavator, backhoe, loader, dump truck, grader, etc.) will be used to construct the project.
Since no remaining wetland areas will exist on the site or are located immediately adjacent to the site, addi onal
construc on measures to minimize impacts to nearby wetlands or waters are not necessary.
Stormwater Management Plan: The new stormwater system will connect to an exis ng stormwater maintenance
hole located in SE 134th Avenue, a few feet south of the subject property’s southern property line. The stormwater
runoff is then conveyed south via an 18‐inch storm pipe to a flow‐spli ng maintenance hole located at the
intersec on of SE Kisor Court and SE 134th Avenue. The stormwater will then be directed to an exis ng regional
stormwater swale located ±1,700 feet southeast of the subject site, mee ng Water Environment Services’ (WES)
and the City of Happy Valley’s storm design requirements. The off‐site facility also meets Na onal Oceanic and
Atmospheric Administra on (NOAA) Standard Local Opera ng Procedures for Endangered Species (SLOPES V) water
quality deten on requirements and DEQ treatment requirements.

Fox Haven Estates JPA, March 2024

Sediment and Erosion Control Plan: The Grading and Erosion Control Plan for the project is included as Figure 7. A
silt fence will be installed around the perimeter of the site prior to grading and will be properly maintained
throughout the dura on of construc on.

Fox Haven Estates JPA, March 2024

(4) PROJECT DESCRIPTION (continued)
D. Describe source of fill material and disposal locations if known.
Source of fill materials are unknown at this me but will consist of clean material from an authorized source.
E. Construction timeline.
What is the estimated project start date? July 2024
What is the estimated project completion date? November 2024

Is any of the work underway or already complete? ☐ Yes ☒ No

If yes, please describe.

F. Removal Volumes and Dimensions (if more than 7 impact sites, include a summary table as an attachment)
Removal Dimensions Time
Wetland / Waterbody Removal
Length Width Depth Area Volume Material***
Name * is to
(ft.) (ft.) (ft.) (sq.ft. or ac.) (c.y.) remain**
NA -- -- -- -- -- -- --
G. Total Removal Volumes and Dimensions
Total Removal to Wetlands and Other Waters Length (ft.) Area (sq. ft or ac.) Volume (c.y.)
Total Removal to Wetlands -- -- 0
Total Removal Below Ordinary High Water -- -- --
Total Removal Below Highest Measured Tide -- -- --
Total Removal Below High Tide Line -- -- --
Total Removal Below Mean High Water Tidal Elevation -- -- --
H. Fill Volumes and Dimensions (if more than 7 impact sites, include a summary table as an attachment)
Fill Dimensions Time Fill
Wetland / Waterbody
Length Width Depth Area Volume is to Material***
Name*
(ft.) (ft.) (ft.) (sq. ft. or ac.) (c.y.) remain**
PEM Wetland -- -- -- 0.18 AC 2,660 Permanent Asphalt/Gravel

(4) PROJECT DESCRIPTION (CONTINUED)

I. Total Fill Volumes and Dimensions
Total Fill to Wetlands and Other Waters Length (ft.) Area (sq. ft or ac.) Volume (c.y.)
Total Fill to Wetlands -- 0.18 AC 2,660
Total Fill Below Ordinary High Water -- -- --
Total Fill Below Highest Measured Tide -- -- --
Total Fill Below High Tide Line -- -- --
Total Fill Below Mean High Water Tidal Elevation -- -- --
*If there is no official name for the wetland or waterbody, create a unique name (such as “Wetland 1” or “Tributary A”).
**Indicate whether the proposed area of removal or fill is permanent or, if you are proposing temporary impacts, specify the days,
months or years the fill or removal is to remain.
*** Example: soil, gravel, wood, concrete, pilings, rock etc.

Fox Haven Estates JPA, March 2024

(5) PROJECT PURPOSE AND NEED
Provide a statement of the purpose and need for the overall project.

Project Purpose: The purpose of this project is to provide affordable single‐family, detached housing in the City of Happy
Valley.
Project Need: The project site is adjacent to major transporta on corridors and in close proximity to desired public
schools and services, making it an ideal loca on for needed housing. There is a market demand for addi onal housing in
this area due to the growing industries in nearby Portland. According to the June 2019 Happy Valley Baseline Housing
Needs Analysis, the City of Happy Valley will have demand for approximately 4,029 new housing units between 2019 and
2039. According to the same report, there will be an increase in the millennial and baby boomer popula on over this 20‐
year period, resul ng in an increase in demand for single‐family housing. Fox Haven Estates will contribute to this
projected housing growth and meet the City’s growing demand for single‐family housing.

(6) DESCRIPTION OF RESOURCES IN PROJECT AREA

A. Describe the existing physical, chemical, and biological characteristics of each wetland or waterbody.
Reference the wetland and waters delineation report if one is available. Include the list of items provided in
the instructions.
SWCA conducted a site visit and mapped an updated wetland boundary in 2019. The 2019 wetland delineation report was
concurred under DSL File No. 2019‐0355. The wetland delineation concurrence letter is included in Attachment A, along
with the wetland delineation report (USACE submittal only). The 2019 wetland delineation is included as Figure 4 Existing
Conditions Plan.
There are no documented Aqua c Resources of Special Concern (vernal pools, bog, fens, mature forested wetlands,
seasonal mudflats, or na ve wet prairie) present on‐site or within a 1‐mile radius of the project site.
Wetland on the site is a PEM wetland with a seasonally saturated water regime (PEMB) located in the central por on of
the site. Wetland is situated within a topographic depression where water flows through the wetland in one direc on;
therefore, wetland belongs to the Slopes hydrogeomorphic (HGM) classifica on. Wetland was dominant in tall false
ryegrass (Schedonorus arundinaceus; FAC), rough‐stalk bluegrass (Poa trivialis; FAC), garden bird’s‐foot‐trefoil (Lotus
corniculatus; FAC), and English hawthorn (Crataegus monogyna; FAC).

Group‐Level Func on Value

Ra onale
Func ons Group Ra ng Group Ra ng

The wetland has a generally flat (less than 5 percent overall) gradient. The wetland
Hydrologic is seasonally saturated and lacks complex microtopography. Water exits the wetland
Low Low
Func ons through a riprap‐lined storm grate located at the downslope southern end, thereby
minimizing the func on and value it provides related to water storage.

The wetland is typically dry during the summer and the ground water table is well
Water Quality below the surface as documented by SWCA during the June 2019 site visit;
Moderate‐Low Moderate‐Low therefore, the wetland would not be effec ve at maintaining or reducing
Support
summer me water temperatures. The wetland drains some impervious areas;
however, it is limited by its size and contribu ng basin area.
According to the 2019 SWCA Wetland Delinea on Report and ODFW Fish Habitat
Fish Habitat Low Low Distribu on and Barriers mapping, there is no connec on from the wetland to a
fish‐bearing stream.
Aqua c The wetland only has temporary seasonal runoff. When water is present, depths are
Low Low
Habitat assumed to be minimal. Wetland lacks interspersion of habitats, diverse na ve

Fox Haven Estates JPA, March 2024

 vegeta on, or structural diversity and does not support any rare, threatened, or
endangered aqua c or terrestrial species.
Ecosystem The wetland provides low func on for ecosystem support as it consists mostly of
Low Low
Support non‐na ve invasive vegeta on and lacks woody cover that would provide shade.

Existing Wetland Function and Value Assessment: The exis ng wetland func ons and values for the permanently
impacted wetland were evaluated using the 2019 SWCA Wetland Delinea on Report and best professional judgment
(BPJ), as impacts are less than 0.20 acres. The table below provides the required informa on for the BPJ assessment,
including a ra ng (i.e. low, moderate, or high) and a wri en discussion of the basis for that ra ng.

Cultural Resources: There is one aboveground residence present in the western portion of the project area, which will be
retained as part of this project. No belowground cultural resources are expected to be present during soil‐disturbing
activities. If cultural remains are identified during the project, all construction activities will stop, and the Oregon Heritage
State Historic Preservation Office (SHPO) will be notified to evaluate the discovery and recommend a subsequent course of
action.
Changes in Hydrologic Characteristics: The project is not expected to result in upgradient or downstream flooding or
erosion. Any hydrologic flow from groundwater seeps or impervious surface runoff will be integrated into the new
stormwater plan.
Rare, Threatened, and Endangered Species: According to the US Fish and Wildlife Service’s (USFWS) Information for
Planning and Consultation (IPaC) website for federally and state‐listed species, there are two avian species, one reptile
species, one insect species, and one plant species that have the potential to be present within the project site. Based on
existing site conditions and species‐specific habitat requirements, no suitable habitat for the following listed species are
present on the site:

 Northern Spotted Owl (Strix occidentalis caurina) – Listed as Threatened federally and by the state. High‐quality
foraging habitat is also nesting/roosting habitat for the northern spotted owl. Suitable habitat is associated with
tree height diversity and density, canopy cover, snag volume and density, and volume of woody debris. While this
species is strongly associated with old‐growth forest characteristics, younger forests with some structural
characteristics (legacy features) of old forests, hardwood forest patches, and edges between old forest and
hardwoods are also used. Due to a lack of tree cover and the location of the project within an urban environment,
potentially suitable habitat to support this species is not present.
 Streaked Horned Lark (Eremophila alpestris strigata) – Listed as Threatened federally and not listed by the state.
Streaked horned larks are known to use habitats that are subject to frequent human disturbance such as mowed
fields at airports, agricultural crop fields, and disposal sites for dredged material. The primary constituent elements
specific to the streaked horned lark critical habitat are areas having a minimum of 16 percent bare ground and
sparse, low‐stature vegetation composed primarily of grasses and forbs within large (300‐acre), flat (0 to 5 percent
slope) areas within a landscape that provides visual access to open areas such as open water or fields. Smaller
areas than described above are typically only inhabited if they provide visual access to open areas such as open
water or fields. The project site is situated within an urban environment with slopes greater than 5 percent, making
the area undesirable to streaked horned larks. As a result, the project site has been determined to not provide
suitable habitat to support streaked horned larks; therefore, proposed construction activities will have no effect on
this species.
 Northwestern Pond Turtle (Actinemys marmorata) – Listed as Sensitive (Proposed Threatened) federally and not
listed by the state. Northwestern pond turtles are typically found in marshes, streams, rivers, ponds, and lakes with
logs for basking. They nest in sparsely vegetated ground. Moist forested areas are used for aestivation. The project
site does not have any large logs or bodies of water as described above that would provide necessary nesting and
foraging habitat. Therefore, there is a lack of suitable habitat and proposed construction activities will have no
effect on this species.
 Fender's Blue Butterfly (Icaricia icarioides fenderi) – Listed as Threatened federally and not listed by the state.
Habitat requirements for Fender’s blue butterfly include Kindcaid’s lupine as host plants and native wildflowers for
food sources. At least 12 acres of high‐quality habitat are necessary to support a population of Fender’s blue
Fox Haven Estates JPA, March 2024
 butterflies, with even larger areas of degraded and low‐quality habitat likely necessary to support a viable butterfly
population. This species has limited dispersal ability, with adult butterflies typically remaining close to their natal
lupine patch. Due to the lack of lupine host plant and native wildflower populations on the project site, suitable
habitat is not present to support Fender’s blue butterfly. As a result, proposed construction activities will have no
effect on this species.
 Willamette Daisy (Erigeron decumbens) – Listed as Endangered federally and not listed by the state. The primary
element of critical habitat is early seral upland prairie, wet prairie, or oak savanna habitat with a mosaic of low‐
growing grasses, forbs, and spaces to establish seedlings or new vegetative growth; an absence of dense canopy
vegetation; and undisturbed subsoils. Species commonly associated with suitable habitat for this species include
several Willamette Valley native forbs within wet prairie habitats, including Deschampsia cespitosa and Danthonia
californica, and several native species within drier upland prairie sites; Symphyotrichum hallii, Festuca idahoensis
ssp. roemeri, and Toxicodendron diversilobum. None of these species are mentioned to be present on‐site per the
2019 SWCA Wetland Delineation Report or are known to occur within the area according to Oregon State
University’s Oregon Flora database. Due to the lack of suitable habitat on the project site to support this species,
proposed construction activities will have no effect on this species.

According to the Pacific States Marine Fisheries Commission (PSMFC) StreamNet database and ODFW Fish Habitat
Distribution and Barriers mapping, there were no documented occurrences of native fish within the on‐site wetland or
within 100 feet. There is a lack of fish habitat on‐site due to a lack of connection to upstream and downstream waterways.

B. Describe the existing navigation, fishing and recreational use of the waterbody or wetland.
There are no existing navigational, fishing, or recreational uses of the wetlands on the project site.

Fox Haven Estates JPA, March 2024

(7) PROJECT SPECIFIC CRITERIA AND ALTERNATIVES ANALYSIS
Describe project‐specific criteria necessary to achieve the project purpose. Describe alterna ve sites and
project designs that were considered to avoid or minimize impacts to the waterway or wetland.
Project‐Specific Criteria: The purpose of the project is to provide detached single‐family residen al housing in
Happy Valley. Applicant project‐specific criteria include:

 Site located within City of Happy Valley

 Minimum ±3‐acre site (to allow for a minimum of ±7,000‐square‐foot lots to accommodate detached single‐
family home structures)
 Close proximity (within ±1 mile) to existing utilities, schools, and major transportation corridors
 Available for purchase

Off‐Site Alterna ves: Three poten al sites were explored as alterna ves that were closest to mee ng all of the
project‐specific criteria. The following alterna ve parcels for sale were found on Zillow and Regional Multiple Listing
Service (RMLS) search.

 Site 1 ‐ This site is ±5 acres and consists of Tax Lot 1400 of Clackamas County Assessor’s Map 1 3E 30C. The lot
is located within city limits and designated as “Very Low Density” residential. According to the City of Happy
Valley Steep Slopes and Natural Resource Overlay Zone (NROZ) Map, most of the site has steep slopes along
with two streams. Due to the steep slopes, this site was determined to not have a developable area meeting
the applicant’s criteria.
 Site 2 ‐ This site is ±5.42 acres and consists of Tax Lot 7701 of Clackamas County Assessor’s Map 2 3E 06C,
located within city limits. Tax Lot 7701 was identified as a potential off‐site alternative in the 2017
submittal application and has therefore been on the market for at least seven years, indicating it is not a
desirable site for development. This site meets the applicant’s size criteria and is located near schools
and major transportation corridors; however, the site is heavily forested with a mapped protected water
feature, high‐value Habitat Conservation Area (HCA), and some steep slopes according to the city’s NROZ
map. Due to the impacts to the high‐value HCA and protected water feature on the site, developing this
site would likely be more environmentally damaging than impacts to the degraded wetland on the
preferred project site. This site was not pursued.
 Site 3 ‐ This site is ±8.59 acres and identified as Tax Lot 200 of Clackamas County Assessor’s Map 2 2E 02A.
The NRCS mapped soils are described as somewhat poorly drained. According to the City’s NROZ map,
most of the site contains very steep slopes. The City’s Local Wetland Inventory (LWI) Map has two water
features mapped on‐site. Due to the steep slopes and locally significant water features, this site was not
pursued for this project.

Project Site (Preferred): In addi on to the above‐listed project‐specific criteria, the applicant selected this property
due to its proximity to SE Mt. Sco Boulevard and SE King Road. The local street stub to the south is already
constructed, allowing expansion to easily occur. The desired Happy Valley Middle School is located less than 1 mile
south of the project site. Development of all vacant appropriately zoned land is needed to meet the City’s capacity
goals to accommodate projected growth. The City has identified the best use for the site as residential, to limit urban
growth while providing an efficient transportation system and cost‐effective utility maintenance. Additionally, the
wetland on the preferred project site is located in non‐hydric NRCS mapped soils and appears to have been ar ficially
created over me from upslope runoff. It is not a high‐func oning wetland offering value to the local watershed.
On‐Site Avoidance and Minimiza on Alterna ves: Wetland impacts are necessary to achieve a 19‐lot subdivision.
There are no prac cal alterna ves that would result in a lesser amount of wetland impact. The City‐approved zoning
for the site is s ll low‐density residen al (R‐7), requiring a minimum of 19 lots for the size of this property. The
number of lots cannot be reduced. A variance would not be granted to allow for reduced density requirements. The
project received land use approval from the City of Happy Valley in 2017, which is s ll valid.

Fox Haven Estates JPA, March 2024

As part of the project, the City has requested a stub to serve a future cul‐de‐sac to the west of the project site, to
provide access for future development to the adjacent tax lot to the north (Tax Lot 600). Therefore, the loca on of SE
Gray Fox Lane on the project site is fixed.
To provide access to the site, the City has requested an extension to the exis ng SE 134th Avenue stub located
immediately south of the project site. The extension of SE 134th Avenue is required to connect to SE Ridgecrest Road.
Reloca ng the road extension to the west of the wetland to minimize wetland impact and provide a majority of the
50‐foot‐wide wetland buffer (a WES requirement) would reduce the development to 14 lots with a minimum of 7,000
square feet in size (see a ached Figure 8, Alterna ve Site Layout), which would not meet the City’s density
requirements. To meet the applicant’s project criteria, the size of the lots cannot be reduced to smaller than 7,000
square feet. Reducing the lot size to smaller than 7,000 square feet would not achieve a buildable footprint to
accommodate the applicant’s single‐family detached home products. The realignment of SE 134th Avenue to the west
of the wetland would s ll require some wetland impact to allow for two access driveways from SE 134th Avenue to
provide access to lots 11 through 14, east of the wetland. Bridges would not be cost‐effec ve. The alterna ve layout
would s ll require crossing the wetland with culverts at two loca ons.
Due to the fixed road features (extension to SE 134th Avenue and SE Gray Fox Lane) and minimum lot density, there
are no prac cal alterna ves that would avoid or provide lesser amount of wetland encroachment. The Foster Creek
mi ga on bank provides replacement for locally important func ons and values by restoring and enhancing wetland
habitats that have been dispropor onately lost in the region. In addi on, the wetland provides low func on and value
to the local watershed. The mi ga on site preserves high‐func oning wetlands. Purchasing mi ga on bank credits
will more than replace the minimal wetland func ons lost at the project site.
No‐Build Alternative: There is a documented need for residential housing within the City of Happy Valley. Not
providing housing options could negatively impact the City’s economic and population growth.

(8) ADDITIONAL INFORMATION

Are there state or federally listed species on the project site? ☐ Yes ☒ No ☐ Unknown

Is the project site within designated or proposed critical habitat? ☐ Yes ☒ No ☐ Unknown

Is the project site within a national Wild and Scenic River? ☐ Yes ☒ No ☐ Unknown

Is the project site within a State Scenic Waterway? ☐ Yes ☒ No ☐ Unknown

Is the project site within the100-year floodplain? ☐ Yes ☒ No ☐ Unknown

If yes to any above, explain in Block 6 and describe measures to minimize adverse effects to those resources in Block 7.
Is the project site within the Territorial Sea Plan (TSP) Area? ☐ Yes ☒ No ☐ Unkn
If yes, attach TSP review as a separate document for DSL.
Is the project site within a designated Marine Reserve? ☐ Yes ☒ No ☐
Unknown
If yes, certain additional DSL restrictions will apply.
Will the overall project involve ground disturbance of one acre or more? ☒ Yes ☐ No ☐
Unknown

Fox Haven Estates JPA, March 2024

If yes, you may need a 1200-C permit from the Oregon Department of Environmental Quality (DEQ).

Is the fill or dredged material a carrier of contaminants from on-site or off-site spills? ☐ Yes ☒ No ☐ Unknown
Has the fill or dredged material been physically and/or chemically tested? ☐ Yes ☐ No ☒ Unknown
If yes, explain in Block 6 and provide references to any physical/chemical testing report(s).
Has a cultural resource (archaeological and/or built environment) survey been ☐ Yes ☐ No ☒ Unknown
performed on the project area?

Do you have any additional archaeological or built environment ☐ Yes ☒ No ☐ Unknown

documentation, or correspondence from tribes or the State Historic Preservation Office?

If yes, provide a copy of the survey and/or documentation of correspondence with this application to the Corps only.
Do not describe any resources in this document. Do not provide the survey or documentation to DSL.
Is the project part of a DEQ Cleanup Site? ☒ No ☐ Yes Permit Number: ________
DEQ contact __________

Will the project result in new impervious surfaces or the redevelopment of existing surfaces? ☐ Yes ☐ No

If yes, the applicant must submit a post-construction stormwater management plan as part of this application to DEQ’s
401 WQC program for review and approval, see https://www.oregon.gov/deq/FilterDocs/401wqcertPostCon.pdf

Identify any other federal agency that is funding, authorizing or implementing the project.

Agency Name Contact Name Phone Number Most Recent Date of Contact

List other certificates or approvals/denials required or received from other federal, state or local agencies for
work described in this application.
Agency Certificate / approval / denial description Date Applied

Fox Haven Estates JPA, March 2024

Other DSL and/or Corps Actions Associated with this Site (Check all that apply.)
☐ Work proposed on or over lands owned by or leased from the Corps (may require authorization
pursuant to 33 USC 408). These could include the federal navigation channel, structures, levees,
real estate, dikes, dams, and other Corps projects.

☐ State owned waterway DSL Waterway Lease #:

☐ Other Corps or DSL Permits Corps # DSL #

☐ Violation for Unauthorized Activity Corps # DSL #

☒ Wetland and Waters Delineation Corps # DSL # WD2019‐

0355
Submit the entire delineation report to the Corps; submit only the concurrence letter (if complete) and
approved maps to DSL. If not previously submitted to DSL, send under a separate cover letter

(9) IMPACTS, RESTORATION/REHABILITATION, AND COMPENSATORY MITIGATION

A. Describe unavoidable environmental impacts that are likely to result from the proposed project. Include
permanent, temporary, direct, and indirect impacts.

The project will require a total of ±0.18 acres of direct permanent impact to PEM wetland belonging to the Slopes
HGM classifica on.

B. For temporary removal or fill or disturbance of vegetation in waterbodies, wetlands or riparian (i.e.,
streamside) areas, discuss how the site will be restored after construction to include the timeline for
restoration.

There are no temporary wetland impacts associated with the project.

Compensatory Mitigation
C. Proposed mitigation approach. Check all that apply:

Permittee responsible Permittee responsible Mitigation Bank or Payment In-Lieu

☐ Onsite Mitigation ☐ Offsite Mitigation ☒ In-Lieu Fee Program ☐ (Not approved for use with Corps permits)

Fox Haven Estates JPA, March 2024

 D. Provide a brief description of proposed mitigation approach and the rationale for choosing that approach.
If you believe mitigation should not be re
quired, explain why.

The project will result in a total of ±0.18 acres of direct permanent impacts to PEM wetland belonging to the Slopes
HGM classifica on. The applicant will purchase 0.18 acres of legacy credits from the Foster Creek Wetland Mi ga on
Bank to mi gate the unavoidable wetland impacts. The mi ga on site preserves high‐func oning wetlands.
Therefore, the purchase of mi ga on bank credits will more than replace the wetland func ons lost at the project
site.

Mitigation Bank / In-Lieu Fee Information:

Name of mitigation bank or in-lieu fee project: Foster Creek Wetland Mitigation Bank
Type and amount of credits to be purchased: 0.18 acre PEM/Slope
If you are proposing permittee-responsible mitigation, have you prepared a compensatory mitigation plan?
☐ Yes. Submit the plan with this application and complete the remainder of this section.
☐ No. A mitigation plan will need to be submitted (for DSL, this plan is required for a complete application).
Mitigation Location Information (Fill out only if permittee-responsible mitigation is proposed)
Mitigation Site Mitigation Site Address Tax Lot #
Name/Legal Description

County City Latitude & Longitude* (in DD.DDDD format)

Township Range Section Quarter/Quarter

*
Not required by the Corps for a complete application but is necessary for individual permits before a permit decision can be rendered.

Fox Haven Estates JPA, March 2024

(10) ADJACENT PROPERTY OWNERS FOR PROJECT AND MITIGATION SITE
☐ Pre-printed mailing labels of Project Site Adjacent Property Mitigation Site Adjacent
adjacent property owners attached Owners Property Owners
separately (if more than 30).
PEREZ ABRAHAM TORRES ABBOTT AARON R
9720 SE 132ND AVENUE 13712 SE RIDGECREST ROAD
HAPPY VALLEY, OR 97086 HAPPY VALLEY, OR 97086

KIM JASON & ANDREA OH

13475 SE KISOR COURT
HAPPY VALLEY, OR 97086

CASPER JOHN C
13443 SE KISOR COURT
HAPPY VALLEY, OR 97086

STADLER MINDY C
13425 SE KISOR COURT
HAPPY VALLEY, OR 97086

SANTIAGO GERARDO I & MAYRA

13379 SE KISOR COURT
HAPPY VALLEY, OR 97086

CHEN KERRY LI
13355 SE KISOR COURT
HAPPY VALLEY, OR 97086

TRAN HUU HIEU

13313 SE KISOR COURT
HAPPY VALLEY, OR 97086

SHEVLAND JAMIE L
13209 SE KISOR COURT
HAPPY VALLEY, OR 97086

DWYER JASON C & STACY M

13211 SE KISOR COURT
HAPPY VALLEY, OR 97086

Fox Haven Estates JPA, March 2024

 (11) CITY/COUNTY PLANNING DEPARTMENT LAND USE AFFIDAVIT (TO BE COMPLETED
BY LOCAL PLANNING OFFICIAL)
I have reviewed the project described in this application and have determined that:
This project is not regulated by the comprehensive plan and land use regulations
This project is consistent with the comprehensive plan and land use regulations
This project is consistent with the comprehensive plan and land use regulations with the following:
Conditional Use Approval
Development Permit
Other Permit (explain in comment section below)
This project is not currently consistent with the comprehensive plan and land use regulations. To be
consistent requires:
Plan
Amendment
Zone Change
Other Approval or Review (explain in comment section below)

An application or variance request has☐ has not☐ been filed for the above required above.

Local planning official name (print) Title City / County

Chris Alfino, AICP Senior Planner Happy Valley

Signature Date
3-06-2024

Comments:

Project is consistent with previous approved of Local File SUBA-04-19 (amends SUB-02-13),
see attached.

(12) COASTAL ZONE CERTIFICATION

If the proposed activity described in your permit application is within the Oregon Coastal Zone, the
following certification is required before your application can be processed. The signed statement will be
forwarded to the Oregon Department of Land Conservation and Development (DLCD) for its concurrence
or objection. For additional information on the Oregon Coastal Zone Management Program and
consistency reviews of federally permitted projects, contact DLCD at 635 Capitol Street NE, Suite 150,
Salem, Oregon 97301 or call 503-373-0050 or click here.
CERTIFICATION STATEMENT
I certify that, to the best of my knowledge and belief, the proposed activity described in this application
complies with the approved Oregon Coastal Zone Management Program and will be completed in a manner
consistent with the program.
Print /Type Applicant Name Title
NOT APPLICABLE
Applicant Signature Date

Fox Haven Estates JPA, March 2024

(14) ATTACHMENTS
☒Drawings
☒Location map with roads identified
☒U.S.G.S topographic map
☒Tax lot map
☒Site plan(s)
☒Plan view and cross section drawing(s)
☒Recent aerial photo
☐Project photos
☒Erosion and Pollution Control Plan(s), if applicable
☒DSL / Corps Wetland Concurrence letter and map, if approved and applicable
☐Pre-printed labels for adjacent property owners (Required if more than 30)
☐Incumbency Certificate if applicant is a partnership or corporation
☐Restoration plan or rehabilitation plan for temporary impacts
☐Mitigation plan
☒Wetland functional assessments, if applicable
☐Cover Page
☐Score Sheets
☐ORWAP OR, F, T, & S forms
☐ORWAP Reports
☐Assessment Maps
☐ORWAP Reports: Soils, Topo, Assessment area, Contributing area
☐Stream Functional Assessments, if applicable
☐Cover Page
☐Score
☐Sheets
☐SFAM PA, PAA, & EAA forms
☐SFAM Report
☐Assessment Maps
☐Aerial Photo Site Map and Topo Site Map (Both maps should document the PA, PAA, & EAA)
☒Compensatory Mitigation (CM) Eligibility & Accounting Worksheet
☐Matching Quickguide sheet(s)
☒CM Eligibility & Accounting sheet
☒Alternatives analysis
☐Biological assessment (if requested by the Corps project manager during pre-application coordination)
☒Stormwater management plan (may be required by the Corps or DEQ)
☐Other
☐ Please describe:

Fox Haven Estates JPA, March 2024

For U.S. Army Corps of Engineers send application to:

USACE Portland District Counties:

ATTN: CENWP-ODG-P Baker, Benton, Clackamas, Clatsop, Columbia,
PO Box 2946 Gilliam, Grant, Hood River, Jefferson, Lincoln, Linn,
Portland, OR 97208-2946 Malheur, Marion, Morrow, Multnomah, Polk,
Phone: 503-808-4373 Sherman, Tillamook, Umatilla, Union, Wallowa,
[email protected] Wasco, Washington, Wheeler, Yamhill
U.S. Army Corps of Engineers Counties:
ATTN: CENWP-ODG-E Coos, Crook, Curry, Deschutes, Douglas, Jackson,
211 E. 7th AVE, Suite 105 Josephine, Harney, Klamath, Lake, Lane
Eugene, OR 97401-2722
Phone: 541-465-6868
[email protected]

For Department of State Lands send application to:

West of the Cascades: East of the Cascades:
Department of State Lands Department of State Lands
775 Summer Street NE, Ste 100 951 SW Simpson Ave, Ste 104
Salem, OR 97301-1279 Bend, OR 97702
Phone: 503-986-5200 Phone: 541-388-6112
https://www.oregon.gov/dsl/WW/Documents/uploa https://www.oregon.gov/dsl/WW/Documents/uploadinstr
dinstructions_removalfill.pdf uctions_removalfill.pdf

For Department of Environmental Quality:

Submit all applica on materials electronically through Your DEQ Online.

For ques ons related to Your DEQ Online, please visit the Your DEQ Online help page, email
[email protected], or call 503‐229‐6184

Fox Haven Estates JPA, March 2024

 PROJECT
AREA

USGS VICINITY MAP

FOX HAVEN ESTATES JOINT PERMIT APPLICATION 1
 PROJECT
AREA

TAX MAP (MAP 1S 2E 26DB)

FOX HAVEN ESTATES JOINT PERMIT APPLICATION 2
 PROJECT
AREA

RECENT AERIAL PHOTO

FOX HAVEN ESTATES JOINT PERMIT APPLICATION 3
 SE 132ND AVENUE

SE 134TH
AVENUE
SE RIDGECREST ROAD

SE KISOR COURT

SE PARKWOOD WAY
CO

FOX HAVEN ESTATES

N
IM

EXISTING
ST

4
R
AR
IN R

CONDITIONS PLAN
Y

PR NOT UCT

ENGINEERINGSURVEYING NATURAL RESOURCES

HAPPY VALLEY OREGON
EL FO IO

FORESTRYPLANNINGLANDSCAPE ARCHITECTURE
N
 SEE SITE PLAN 2
SE RIDGECREST ROAD

1 10

2
SE 132ND AVENUE

SE GRAY
FOX LANE
3

SEE SITE PLAN 2

6
5
4

DSL/CORPS JOINT PERMIT PLANS

SITE PLAN 1 5A
SEE SITE PLAN 1
SE RIDGECREST ROAD

11 16 17

A A'

12
15 18

SE GRAY FOX LANE

14
SE 134TH AVENUE

19
SEE SITE PLAN 1

7 8
13

DSL/CORPS JOINT PERMIT PLANS

SITE PLAN 2 5B
A A'

DSL/CORPS JOINT PERMIT PLANS

WETLAND CROSS SECTION 6
 SE 132ND AVENUE

4
5
6
9
10

SE GRAY FOX LANE

7
11

12

SE 134TH AVENUE
SE 134TH
16

15

14

13
SE RIDGECREST ROAD

17

18

19

SE KISOR COURT
LEGEND

CO

PRELIMINARY GRADING FOX HAVEN ESTATES

N
IM

ST

7
R

AND EROSION
AR
IN R
Y

PR NOT UCT

CONTROL PLAN ENGINEERINGSURVEYING NATURAL RESOURCES

HAPPY VALLEY OREGON
EL FO IO

FORESTRYPLANNINGLANDSCAPE ARCHITECTURE
N
 SE 132ND AVENUE

4
5
6
9

SE GRAY
10

FOX LANE

SE 134TH SE 134TH
AVENUE
11

12

13

14
SE RIDGECREST ROAD

SE KISOR COURT

CO

FOX HAVEN ESTATES

N
IM

SE 134TH AVENUE
ST

8
R
AR
IN R

ALTERNATE LAYOUT
Y

PR NOT UCT

ENGINEERINGSURVEYING NATURAL RESOURCES

HAPPY VALLEY OREGON
EL FO IO

FORESTRYPLANNINGLANDSCAPE ARCHITECTURE
N
Attachment A: DSL Concurrence Letter and
Delineation Report (USACE submittal only)