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The applicant must obtain all necessary permits from those governmental agencies from which approval is required by Federal or State law. The applicant should review and ensure compliance with section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. This may include voluntarily complying with the FEMA model code for the floodplain permit or providing a habitat assessment, providing a mitigation assessment, or otherwise demonstrating compliance with the Endangered Species Act. If Marion County determines that compliance is insufficient, additional mitigation may be required. 4. Materials that are buoyant, flammable, obnoxious, toxic or otherwise injurious to persons or property, if transported by floodwaters, are prohibited unless stored within a structure or on land elevated above the base flood level. Storage of materials and equipment not having these characteristics is permissible only if the materials and equipment have low -damage potential and are anchored or are readily removable from the area within the time available after forecasting and warning. APPEAL PROCEDURE: The Marion County Zone Code provides that certain applications be considered first by the Planning Director. If there is any doubt that the application conforms with adopted land use policies and regulations the Director must condition or deny the application. Anyone who disagrees with the Director's decision may request that the application be considered by a Marion County hearings officer after a public hearing. The applicant may also request reconsideration (one time only and a fee of $200) on the basis of new information subject to signing an extension of the 150-day time limit for review of zoning applications. A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Requests for reconsideration, or consideration by a hearings officer, must be in writing and received in the Marion County Planning Division, 5155 Silverton Rd. NE, Salem, by 5:00 p.m. on, March 28t'', 2025. If you have any questions about this decision, contact the Planning Division at (503) 588-5038 or at the office. This decision is effective March 31', 2025, unless further consideration is requested. 1. The subject area is located east of Golf Club Rd SE, approximately a half mile south of HWY 22. The parcel abuts Santiam Golf Club to the north, and Mill Creek to the northeast. The proposed development is a lateral expansion of the ditch that follows along the eastern property line of tax lot 200. The project will be within an easement across the subject parcel. After completion, the easement will be transferred to the City of Stayton. This Floodplain Development Permit is specific to the approximately 250ft of ditch that is within the 100-year floodplain and floodway of Mill Creek. This is a small section of a larger project that will expanded existing stormwater ditches along the subject parcel, and south adjacent parcels, to connect with a detention pond located at 1601 Oriole St., Stayton (091 W04DB03300). In the short term, this stormwater drainage will serve the subdivision known as the Phillips Subdivision, located between Oriole St. and Junco St, and allow completion of the buildout. In the long term, the stormwater drainage will serve future subdivisions east of Golf Club Rd SE. The existing and partially constructed Phillips Subdivision is within the City of Stayton, and the future subdivision will have to be annexed into Stayton prior to development. This Floodplain Development Permit considers the work on this ditch strictly within the floodplain adjacent to Mill Creek, at a flow consistent with current capacity and historic flow. This application is based on the assertion of the applicant that flow will be controlled by the detention pond on the west side of the Phillips Subdivision, and maintained at current levels. Future permitting through the City of Stayton will likely be required to ensure that additional stormwater does not exceed the capacity of the ditch or result in increased flood risk for any property. The project will include removal of 42-cubic yards of soil and placement of 6 cubic yards of material in limited shallow berms on the eastern side of the expanded ditch. The proposal is for a widening of the ditch, not a deepening. The applicant plans to utilize detention and limited release of stormwater to maintain pre -developed hydrology so as not to affect Mill Creek. The subject parcel was created in its current configuration by a property line adjustment in 2007 (PLA07-003) and is therefore legal for land -use purposes. 2. All surrounding properties are zoned UT-20 (Urban Transition). To the north is the Santiam Golf Club. West, south and east is land in farm use. The properties west and south of the subject area also contain dwellings. The applicant is proposing an improvement to existing stormwater drainage in an area of floodplain. The project involves expansion of an existing ditch that drains into Mill Creek, and placement of fill to create a berm.