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APP0048214-New Application-10/12/2011I LANDS Easement App lleadorn Forrrrn Across State Land Or Waterrl'body RECJVED 0C r 12 2011 $ DSL -BEND AGENCY WILL ASSIGN NUMBER AGENCY WILL ASSIG NUMBER Waterway Inventory No. Oregon Department of State Lands Application No. SEND COMPLETE AND SIGNED APPLICATION TO: (West of the Cascade Crest) (East of the Cascade Crest) WESTERN REGION EASTERN REGION Department of State Lands Department of State Lands 775 Summer Street NE, Suite 100 www.oreeOnstatelandS.ns 1645 NE Forbes Road, Suite 112 Salem, OR 97301 -1279 Bend, OR 97701 503- 986 -5200 541- 388.6112 FAX: 503- 378 -0844 FAX: 541- 388.6480 1 - APPLICANT INFORMATION Applicant is: D Private Facility Government Entity PUC Regulated Utility Person Applicant's Name and Address: Business Phone:_ 541- 883 -5351 Klamath Falls City Parks Home Phone: _ 226 South 5 1h Street Fax: 541- 883 -5390 Klamath Falls, OR 97601 Email Address: k]iLty@ci.klainatli-falls.oi - .us Co- Applicant's Name and Address: Business Phone:. Home Phone: Fax: — Email Address:_ Authorized Agent Name and Address: Business Phone, 541- 885 -7837 Landscape Engineer Jared McKee Home Phone: _ U.S. Fish and Wildlife Service, Klamath Office Fax: 541- 885 -7837 California Ave. Klamath Falls, OR 97601 Email Address McKee@Avs.gov Riparian Property Owner Name and Address: Business Phone% (vested title), if different than applicant Home Phone: Fax: Email Address: 2 - PROJECT LOCATION Street, Road or other descriptive location Legal Description Township Range Section Quarter Moore Park Marina #I 38S 09E 30 SWI /4 +NWI /4 In or Near (City or Town) County Tax Map # Tax Lot # Klamath Falls Klamath Waterway River Mile County Property Tax Account Number Upper Klamath Lake -2- 3 - PROJECT INFORMATION Activity Type (Check all that apply): a) ® Water u Storm water ❑ Sewer ❑ Gas ❑ Electricity ❑ Combined Water Pipeline & Associated Fixture ❑ Combined Sewer /Storm water ❑ Communication Cable ❑ Pressure Sewer Line ❑ Effluent Outfall and Diffuser Area request (length x width) b) ❑ Ditches ❑ Irrigation ❑ Mining ❑ Drainage ❑ Other:_ Area request (length x width) c) ❑ Railroad ❑ Road, trail ❑ Bridge Area request (length x width) d) ❑ Surface ® Subsurface ❑ Overhead e) ❑ Other: Describe: f) Each crossing requires a separate easement. Total number of crossings requested: _ a) Are there any State, Federal listed, or Candidate Endangered Species ®Yes ❑ No El Unknown (including plants, fish or wildlife) on the project site? b) Are there any Cultural Resources on or near the project site? ❑ Yes ® No ❑ Unknown c) Is the project site near a State Scenic Waterway? ❑ Yes ® No ❑ Unknown If yes, please explahr in the project description (Section 4) d) If you are applying for a special use easement for water pipeline and associated fixture, do you have a pending or valid Department of Water Resources application to appropriate water? Yes ®No ❑ Unknown 4 - PROJECT PURPOSE & DESCRIPTION ❑ Existing Proposed Project Purpose and Need: See Attached Project Description (include alternative sites considered): See attached Estimated Start Date: November, 2011 Estimated Completion Date: November 2016 -2- 5 - ADDITIONAL INFORMATION Name, address and phone number for all adjoining property owners Klamath Falls City Parks 541- 883 -5351 Have you applied for Corps of Engineers or Department of State Lands permits for this project? ® Yes ❑ No If yes, what identification number(s) were assigned by the respective agencies: Corps # Meets Federal Reg V27 No 47 State of Oregon # 6 - CITY /COUNTY PLANNING DEPARTMENT AFFIDAVIT to be completed by local planning official .gThis project is not regulated by the local comprehensive plan and zoning ordinance. • This project has been reviewed and is consistent with the local comprehensive plan and zoning ordinance. • This project has been reviewed and is not consistent with the local comprehensive plan and zone ordinance. O Consistency of this project with the local planning ordinance cannot be determined until the following local approval(s) are obtained: O Conditional Use Approval O Development Permit O Plan Amendment O Zone Change O Other 9r p lic 'art s O has not been made for local approvals checked above. I lo'n. r 1 101 -,w Signature of local planning official Ville City / Coun Date 7 - BUSINESS INFORMATION LIMITED LIABILITY COMPANY: Complete the followin a) Do you have authority from the Oregon Secretary of State to do business in the State of Oregon? Yes n No b) Is the LLC presently in good standing with the Oregon Secretary of State? H Yes ❑ No c) In what state is the LLC primarily domiciled? _ d) Is the LLC name and the Oregon business address the same as stated in this application? ❑ Yes ❑ No If no, state the legal Name: Address: Street or Box Number City State Zip Code Additionally, a LIMITED LIABILITY COMPANY must submit the following with the application: a) A certified copy of the company's Articles of Organization b A copy of the company's operating agreement CORPORATION: Complete the following: a) Do you have authority from the Oregon Secretary of State to do business in the State of Oregon? El Yes n No b) Is the corporation presently in good standing with the Oregon Secretary of State? ❑ Yes ❑ No c) In what state are you incorporated? d) Is the legal corporation name and Oregon business address the same as stated in this application? ❑ Yes ❑No If no, state the legal Corporate Name: _ Address: Street or Box Number City State Zip Code -3- PARTNERSHIP OR JOINT VENTURE: Complete the followin NAME BUSINESS ADDRESS %SHARE DIVISION TRUST: Complete the following for each beneficiary of the Trust: NAME BUSINESS ADDRESS OR identify the Trust document b y title, document number, and count where document is recorded: TITLE DOCUMENT NUMBER COUNTY A resolution that the individual designated to sign the lease is authorized to act on behalf of the company in this matter. 8 - ATTACH ALL OF THE FOLLOWING: INCOMPLETE, APPLICATIONS WILL BE RETURNED a) A street or highway location map with road directions to the site from the nearest main highway or road. b) Assessor map that contains the riparian uplands. Do not mark on this map. c) A copy of the current year's property tax statement which identifies the present owner's name(s), land values, land size and tax account numbers of the riparian uplands. d) A legal description of the requested easement area with an accurate delineation of the area relative to the tax lot boundaries of the upland parcel. (The department may require a survey for this purpose). e) A separate drawing to a scale of I inch =100 feet of all existing and proposed structures for the lease area. Label each separate activity type stated in Section 3 and show the dimensions of each area by length and width, as stated in Section 3. f) Non - refundable application fee of $125.00 for water pipeline and associated fixtures or $750.00 for all other easement requests. Mail p ayment to: DEPARTMENT OF STATE LANDS UNIT 18, PO BOX 4395 PORTLAND, OR 97208 -4395 9 - APPLICANT SIGNATURE I hereby request a state authorization for 30 mm ber ears. The maximum easement tern is for 30 ears. Application is hereby made for the activities described herein. I certify that I am familiar with the information contained in the application, and, to the best of my knowledge and belief, this information is true, complete, and accurate. I further certify that I possess the authority to undertake the proposed activities. I understand that the granting of other permits by local, county, state or federal agencies does not release me from the requirement of obtaining the authorization requested before commencing the project. I understand that payment of the required state applicati n fee uarantee authorization. / � .. _ Park Superintendent, KF City Parks Applicant Signature Title October 10.2011 Date I appoint the person named below to act as my duly authorized agent. J ared McKe _ Ecological Restoration Engineer. USFWS Type a / z Oc tober - � October 10.2011 Appli ant Signature Date 4 Updated 03111 4. Project Purpose and Description This project will meet state and federal fish and wildlife habitat goals and objectives by constructing a sill (a.k.a.: Marsh Sills, Marsh Enhancement Breakwaters) and lake -fiinge wetlands area along a portion of the south shoreline of Upper Klamath Lake. This sill will be a wood and/or rock structure that will protect a constructed wetland from wave energy. The sill will be constructed offshore to help reduce the erosion of the waterward edge, and wetland recruitment conditions will be established behind the sill. The sill will help protect the marsh by dissipating enough wave energy to allow it to become established. Once established, the marsh vegetation will function to dissipate wave energy and wave height through friction and drag. The established marsh vegetation will increase habitat for redband trout, Lost River, and shortnose suckers and provide a productive foraging area for macroinvertebrates, fish, mammals and shorebirds. Living Shorelines provide the following benefits: * Preserves, creates, or maintains habitat for aquatic flora and fauna. * Restores critical feeding and nursery habitat for adult and juvenile fish. * Provides fish and wildlife access to the shoreline for nesting species of birds. * Maintains natural shoreline dynamics. * Creates a natural buffer that absorbs wave energy and reduces shoreline erosion. * Traps and retains land runoff containing nutrients and pollutants. * Can be less costly than structural stabilization (e.g., bulkheads and seawalls). A backhoe with a long arm will be used to place the rock and logs for the sill. A soil "trunk" will be placed perpendicular to the shoreline to provide a platform for the backhoe. Once the sill is completed, the trunk will be scraped back and planted with wetland vegetation. A mixture of emergent and scrub shrub plants will be planted on the leeward side of the sill, within the protected wetland. This project is planned as a demonstration for other landowners, and hopefully, this is the first of many of these sill/wetland projects along this section of Upper Klamath Lake shoreline. Currently, landowners in the area are using riprap for shoreline protectionterosion control but need to replace it frequently. Rip rap provides little habitat for fish and wildlife and has a high failure rate. The Department of State Lands has suggested these landowners seek other alternatives if possible and several have expressed interest in the project. One design alternative considered for wave dissipation was a Sediment- Filled Geotextile Material Tube. These tubes are placed parallel to shore to dissipate waves in high- energy environments. However, because of the danger of ice shear resulting in damage to the textile, this strategy was not considered here. This design was chosen because of its proven success in the United States and its ability to protect the established wetland adequately in this environment. 1 I (1 YL i 1A� i t Jf•., 1, t 1 i l t � i, ��a \ t r l�• � � m .uw r. Y r 1 .� •: it L. From Bend take 97 South to Klamath Falls, In Klamath Falls, exit on Oregon Ave. At bottom of ramp, go right. Continue on Oregon Ave over Link River Bridge, past Putnams Point. Project Area is just offshore of Moore Park Marina #1 Parking Lot and Boat Launch. '$44< FRANCES YOUNG THA RUS E KIN TEP N CITY OF KLAMATH FALLS PACIFIC ER & LI TC ZIEGLER MARIAN R INTTRUSTEE & DV LLC CITY OF KLAMATH FALLS & CITY OF KLAMATH FALLS & Putnam Point Wetland Restoration 0 60 0 Putnam Point Wetland Restoration 0 50 100 200 Feet