The project site lies within an AE Zone and portions lie within the regulated floodway. Development of this site is subject to TCLUO, Section

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1 Introduction This application is for the Southern Flow Corridor-Landowner Preferred Alternative, a flood mitigation and tidal wetland restoration project. The Port of Tillamook Bay is the applicant in this process. The Landowner signatures are attached (Exhibit A). In summary, the project area consists of 642 acres with approximately 522 acres restored to tidal wetlands and areas of tidal inundation. The flood reduction benefits will affect approximately 3000 acres. A portion of the project lies within the City limits and the applicant will be applying to the City of Tillamook to address their ordinance requirements. This project is the result of over 15 years of multiple iterations and collaborations. The project was born out of the adoption of the Tillamook Bay Comprehensive Conservation and Management Plan in 1999 and the County acquisition of 377 acres in the early 2000 s. This final proposal was developed through the Oregon Solutions process, a collaborative multi-stakeholder approach to assist communities to find solutions to controversial and/or complex challenges. The document, A History of the Oregon Solutions Southern Flow Corridor Project Landowner Preferred Alternative, A Review of the Alternatives and a Summary of Public Involvement by Paul Levesque, Tillamook County Chief of Staff and Oregon Solutions Project Manager (Exhibit B) is a comprehensive overview of the processes, challenges, and ultimately, the outcomes of this very public process. This project will remove manmade impediments to flood flows to the maximum extent possible in the lower Wilson and Trask rivers floodplain for both flood hazard mitigation and for habitat restoration. The project would accomplish this by removing existing levees and fills along the edges of the sloughs and rivers that border the project area. New setback levees would be required to protect adjacent private lands from daily tidal inundation. Areas outside the setback levees would be restored to tidal wetlands. Major project elements are: Removal of 6.9 miles of existing levee, dredge spoils and fill totaling 243,000 cubic yards; Containing contaminated fill soils to prevent risk to humans or the ecosystem; Construction of a 1.4 mile new setback levee and improvements to 2.9 miles of existing levees to protect adjacent properties; Construction on new floodgates and agricultural drainage tide gates; Re-connection of approximately 14 miles of relict tidal channels, ditch filling, large wood placement and road decommissioning; and Demolition/removal of existing flood control structures, buildings, waste concrete, and garbage on the site. The approximately 522 acres proposed for restoration are located in the Farm (F) Zone. Active restoration is an outright permitted use in the Farm Zone subject to meeting all other regulatory requirements. Both the Estuary Conservation-1 (EC-1) and Conservation-2 (EC-2) zones are adjacent to the project site. While no direct work will occur within these estuary-conservation zones, short term

2 impacts from the construction may occur. Additionally, work will occur in the riparian setback established for estuaries. Although Tillamook County Land Use Ordinance (TCLUO), Sections and do not have direct application, the County has requested the applicant address both to ensure that the integrity of the estuarine ecosystem is maintained. Active restoration and estuarine enhancement and the regulated activities associated with that work are a Permitted Use Subject to the standards in TCLUO, Sections and The project site lies within an AE Zone and portions lie within the regulated floodway. Development of this site is subject to TCLUO, Section Applicable Tillamook County Land Use Ordinances (TCLUO) and Responses Section 3.120: REVIEW OF REGULATED ACTIVITIES (2) REGULATED ACTIVITIES: Regulated activities are those actions which require State and/or Federal permits and include the following: (a) Fill (either fill in excess of 50 c.y. or fill of less than 50 c.y., which requires a Section 10 or Section 404 permit from the U.S. Army Corps of Engineers). (b) Dredging (either dredging in excess of 50 c.y. within a 12 month period, or dredging of less than 50 c.y., which requires a Section 10 permit from the U.S. Army Corps of Engineers). (c) Dredged material disposal including flow lane disposal. (d) Piling/dolphin installation. (e) Shoreline stabilization, bank line or streamline alteration involving fill or dredging in excess of 50 c.y. (f) In-water lot storage. Response: There will be no fill brought in from outsides sources. No dredging or piling/dolphin installations are proposed for the project. There will be alterations to the bank line as a result of this project. The levee surrounding the project site will either be removed or enhanced (dependent upon location). This activity may be regulated as some fill material may impact the estuary conservation zone. (4) ZONE REQUIREMENTS: Uses and activities shall be allowed only if they are allowed in the zones in which they are to be located. Accessory uses proposed for adjacent upland areas must be allowed in the upland zones in which they are to be located as well as the SHORELANDS OVERLAY ZONE (Section 3.090). Uses that are permitted with standards must comply with the standards of Section Uses listed as Conditional Uses shall be reviewed according to the procedures of Article 6 and the standards of Section If a Tillamook County Land Use Ordinance Conditional Use review is required, the Planning Department shall notify the applicant and State and Federal permitting agencies and shall request an extension of the comment period. Response: The uses and activities proposed in this project are allowed in all underlying zones subject to meeting all local, state, and federal requirements. (5) IMPACT ASSESSMENTS: The Planning Department shall, with the assistance of affected State and Federal agencies, develop impact assessments for regulated activities. Federal

3 Environmental Impact Statements or Assessments may be substituted if made available to the Planning Department. The following considerations must be addressed in the impact assessment (a) The type and extent of alterations expected. (b) The type of resource(s) affected including, but not limited to aquatic life and habitats, riparian vegetation, water quality and hydraulic characteristics. (c) The expected extent of impacts of the proposed alteration on water quality and other physical characteristics of the estuary, living resources, recreation and aesthetic use, navigation and other existing and potential uses of the estuary. (d) The methods which could be employed to avoid or minimize adverse impacts. Response: A Federal Environmental Impact Statement is being prepared. The draft EIS is available on the County website at (Exhibit C). Although short-term impacts are identified for several of the actions, one of the primary purposes of this project is to remove manmade impediments and restore the site to its historical natural functions as a tidal wetland. (6) REQUIREMENTS FOR RESOURCE CAPABILITY DETERMINATIONS: Uses and activities for which a resource capability determination is required by Section 3.140, shall be allowed only if they are found to be consistent with the resource capabilities of the management unit(s) and the purposes of the zone(s) in which they are to be located. An activity will be found to be consistent with the resource capabilities of a management unit (as described in Section 2 of the Estuarine Resources Element of the Tillamook County Comprehensive Plan) when either (1) the impacts of the use on estuarine species, habitats, biological productivity and water quality are not significant or; (2) that the resources of the area are able to assimilate the use and activity and their effects and continue to function in a manner consistent with the purposes of the zone. The resource capability determination shall be based on information generated by the impact assessment. Response: One of the primary purposes of this project is to restore historic tidal wetlands. The site has been significantly altered over time. The site has been filled and diked. It has been ditched and drained. At various points in time, structures have been located on the project site. The impacts of this project are positive and significant in restoring the historic tidal wetlands, expanding the estuarine footprint, reconnecting the floodplain, increasing the biological productivity (see Exhibit D, ODFW s Chinook Analysis Letter), and improving water quality. In addition to the EIS, a consultant for the project prepared a HGM Functional Assessment (Exhibit E) for the project site. To further monitor the impacts and ability of the resource to assimilate the restoration to tidal wetland, an extensive monitoring plan (both pre-construction and post-construction) will provide data to allow for adaptive management of the site (Exhibit F). (7) SIGNIFICANT DEGRADATIONS OR REDUCTIONS OF ESTUARINE NATURAL VALUES: (a) Definition: Significant degradations or reductions of estuarine natural values include dredging, fill, and other activities which will cause significant off site impacts as determined by the impact assessment (Section (5)).

4 (b) Requirements: Dredging and fill must comply with the standards in Section (Subsections (5) and (7) respectively). Other reductions and degradations of estuarine natural values shall be allowed only if: (1) A need (i.e. a substantial public benefit) is demonstrated and the use or alteration does not unreasonably interfere with public trust rights; and (2) No feasible alternative upland locations exist; and (3) Adverse impacts are minimized as much as feasible. Response: There will not be a significant degradation or reduction of estuarine natural values. As outlined earlier, one of the primary purposes of this project is to restore historical estuarine habitat functions. Section 3.140: ESTUARY DEVELOPMENT (15) RESTORATION AND ENHANCEMENT: Restoration and enhancement projects in estuary zones, Water-Dependent Development (WDD) shoreland zones or other areas within the Shoreland Overlay zone shall be subject to the following standards: (a) Restoration and enhancement policy requirements in the Tillamook County Comprehensive Plan shall be met. (b) Proposals for restoration projects shall present evidence that: (1) The restored area is a shallow subtidal or an intertidal or tidal marsh area after alteration work is performed; and (2) The restored area may not have been a functioning part of the estuarine system when alteration work begins; and (3) The restored area is revitalizing, returning or replacing original attributes and amenities which have been diminished or lost by past alterations, activities or catastrophic events. (c) Estuarine enhancement project proposals shall identify: (1) The original conditions to be enhanced. (2) The cause of the loss or degradation. (3) The location and extent of actions necessary to achieve the enhancement objective. Response: The restored area will function as tidal wetlands and salt marsh. The site is currently impacted by man-made impediments like levees and drainage ditches and has been altered for use as agricultural land. The site is effectively disconnected from the adjacent estuary with some tidal exchange occurring only through leaky tidegates. This project will restore approximately 522 acres of tidal wetlands to the Tillamook Bay. Almost 90% of Tillamook Bay s tidal wetlands have been lost to development. The loss of this habitat has affected multiple species and been identified as a key impediment to the recovery of Oregon Coastal Coho populations in the bay. A Functional Assessment Report, June 2015 (Exhibit E) is attached addressing restoration of the original attributes that were lost by past alterations. (d) Estuarine enhancement project proposals shall present evidence that the project will result in an overall improvement in the cultural, historic, economic or navigation features of an estuary, which will outweigh any adverse impacts.

5 Response: The economic benefits associated with the anticipated flood reduction benefits are substantial along Highway 101 and adjacent farms. A cost-benefit analysis was completed prior to funding approval from FEMA (Exhibit G) indicating that the monetary benefits of the project exceeded the costs. In addition, the resulting restoration will restore the site back to its historic state which will benefit multiple fish and wildlife species, many of which support recreational and commercial fishing economies (Exhibit D). The project site is currently surrounded by the Tillamook County Water Trail, a National Recreation Trail, with an emphasis on non-motorized, low impact recreational uses. It is anticipated that this restoration will offer additional paddling opportunities. (f) When active restoration or enhancement projects are proposed in Estuary Conservation 1 (EC1) or Estuary Conservation 2 (EC2) zones, evidence shall be provided by the applicant and findings made by the County that the proposed use is consistent with the resource capabilities of the area and the long-term use of renewable resources, and does not cause a major alteration of the estuary. Response: This project was developed through a collaborative effort involving local, state, and federal agencies, non-profits, and landowners. The restoration of up to 522 acres of tidal wetlands will improve current estuarine functions, restore critical lost habitat for multiple fish and wildlife species included federally-listed threatened Oregon Coastal Coho, improve overall water quality, and restore floodplain connectivity. The surrounding estuary conservation zones will assimilate the changes and absorb the short-term impacts associated with the construction including the levee removal and site disturbance (potential turbidity). The design of this project has been vetted with the Oregon Department of Fish and Wildlife, the USFWS, and NOAA- Fisheries and there is a significant amount of excitement around the expected benefits of this project to the resource. (j) Restoration and enhancement projects in Water-Dependent Development (WDD) shoreland zones or other areas within the Shoreland Overlay zone shall be subject to Shoreland Development standards. Response: This restoration project lies within the Shoreland Overlay zone and is subject to TCLUO Section Section 3.545: SHORELAND OVERLAY (SH) (2) AREAS INCLUDED: The SHORELAND OVERLAY ZONE is designated on the Tillamook County Zoning Maps. Included in this zone are: (a) Lands contiguous with the ocean estuaries and coastal lakes that contain the following features shown in the Coastal Shoreland Element of the Comprehensive Plan: (1) Areas subject to ocean flooding and lands within 100 feet of the ocean shore or within 50 feet of an estuary or a coastal lake. Response: Portions of the project site lie within 50 feet of the Tillamook Bay and associated tidal areas.

6 (3) Categories of Coastal Shorelands: There are two categories of coastal shorelands included in the SHORELAND OVERLAY ZONE. (a) Rural Shorelands are the first category of Coastal Shorelands. Rural Shorelands are those areas that are outside an urban growth boundary and do not fall within the second category of Coastal Shorelands. (b) The second category are those shorelands identified in the Estuarine Element and Coastal Shorelands Element of the Comprehensive Plan as: (1) Significant shoreland and wetland biological habitat. (2) Exceptional aesthetic or scenic resources and coastal headlands. (3) Priority dredged material disposal and priority mitigation sites. (4) Beaches, active foredunes, conditionally stable foredunes that are subject to ocean undercutting or wave overtopping and interdune areas subject to ocean flooding. Response: Portions of the project area lies within the Rural Shorelands overlay. (4) USES PERMITTED: Uses authorized by the underlying zone as outright or conditional uses are permitted, except at locations identified in (3) above. (a) Rural Shorelands in General: (1) Rural shorelands uses are limited to: (a) Farm uses, Adopted May 27, 2015 Response: Active restoration is an outright permitted use in the Farm Zone subject to meeting all other regulatory requirements. (6) STANDARDS: Uses within the SHORELAND OVERLAY ZONE are subject to the provisions and standards of the underlying zone and of this section. Where the standards of the SHORELANDS OVERLAY ZONE and the underlying zone conflict, the more restrictive provisions shall apply. (a) Riparian vegetation shall be protected and retained according to the provisions outlined in Section 4.140, REQUIREMENTS FOR PROTECTION OF WATER QUALITY AND STREAMBANK STABILIZATION. Response: See response to Section below. (b) Development in flood hazard areas shall meet the requirements of Section 3.510, FLOOD HAZARD OVERLAY ZONE. Response: See response to Section below. (d) Forestry operations shall be consistent with the protection of the natural values of major marshes, significant wildlife habitat and riparian vegetation. A forest operation for which notification is required by ORS (2) shall be governed by the Oregon Forest Practices Act and any supplemental agreements entered into by the Oregon State Board of Forestry and the Oregon State Fish and Wildlife Commission.

7 Response: The applicant will comply with the Oregon Forest Practices Act and coordinate harvesting activities as appropriate. (e) The productivity of resource land on Rural Shorelands shall be considered when determining the location of "Other Uses" within a given land parcel in the F-1, F, and SFW-20 zones. "Other Uses" within these zones shall be located so that the productivity of resource land is maintained. Response: The purpose of Section is to provide for development, restoration, conservation of protection of coastal shorelands in a manner which is compatible with the resources and benefits of coastal shorelands and adjacent coastal water bodies. Oregon s Statewide Planning Goal 17 lists as a top general priority for the overall use of coastal shorelands shall be to promote uses which maintain the integrity of estuaries and coastal waters. This project not only maintains but enhances the integrity of the estuary through the restoration of this site to a tidal wetland, recapturing critical lost habitat to fish, wildlife and avian species. This project has been designed to protect adjacent lands from tidal inundation and preserve the productivity of those lands. The flood reduction benefits of this project will reduce flooding impacts well beyond the 642 acre project site. (f) Existing public ownerships, rights of way and similar public easements in coastal shorelands which provide access to or along coastal waters shall be retained or replaced if sold, exchanged or transferred. Rights of way may be vacated to permit redevelopment of shoreland areas provided public access across the affected site is retained. Response: The majority of the project site (excluding the area required for the construction easement and lands retained by the current property owners) lies within public ownership or is presently under option agreements for acquisition by the county. Access is currently allowed on the public lands for hiking, bird hunting, birdwatching, and other outdoor non-motorized recreational activities. The restoration of this site back to tidal wetlands will eliminate some of these activities. However, while opportunities for activities like hiking will be reduced, other recreational opportunities will be increased like kayaking, bird watching, and sports fishing opportunities. Section 4.140: REQUIREMENTS FOR PROTECTION OF WATER QUALITY AND STREAMBANK STABILIZATION (1) The following areas of riparian vegetation are defined: (a) Fifty (50) feet from lakes and reservoirs of one acre or more, estuaries, and the main stems of the following rivers where the river channel is more than 15 feet in width; Nestucca, Little Nestucca, Three Rivers, Tillamook, Trask, Wilson, Kilchis, Miami, Nehalem and North and South Fork Nehalem River. For estuaries, all measurements are horizontal and perpendicular from the mean high water line or the line of non-aquatic vegetation, whichever is most landward. Setbacks for rivers, streams, and coastal lakes shall be measured horizontal and perpendicular from the ordinary high water line.

8 Response: The project site is bordered by Tillamook Bay (the mouths of the Wilson River, the Trask River, and Hoquarton Slough) and subject to a 50-foot area of riparian vegetation. (2) All development shall be located outside of areas listed in (1) above, unless: (a) For a bridge crossing; or Adopted May 27, 2015 Tillamook County Land Use Ordinance Article 4 13 (b) Direct water access is required in conjunction with a water dependent use; or (c) Because of natural features such as topography, a narrower riparian area protects equivalent habitat values; or (d) A minimal amount of riparian vegetation is present and dense development in the general vicinity significantly degrades riparian habitat values. Setbacks may be reduced under the provisions of (c) and (d) above only if the threat of erosion will not increase and a minimum 20 foot setback is maintained. Determinations of habitat values will be made by the Oregon Department of Fish and Wildlife. (4) All trees and at least 50 percent of the understory vegetation shall be retained within areas listed in (1) above, with the following exceptions: (a) Removal of trees that pose an erosion or safety hazard to existing uses allowed by the underlying zone. (b) The mowing, planting, or maintenance of existing lawn and pasture, including the control of noxious weeds. (c) Vegetation removal necessary in conjunction with an approved in-water project or to provide direct access for a water-dependent use. (d) Structural shoreland stabilization subject to the shoreline stabilization standards in Section (e) Vegetation removal for new bridge construction or routine repair, operation, or maintenance of bridges and highways. (f) Vegetation removal necessary for maintenance of clear vision areas and the removal of roadside hazards. Adopted May 27, 2015 Tillamook County Land Use Ordinance Article 4 14 (g) Vegetation removal necessary for construction of a minor highway improvement within an existing right-of-way. Forest operations for which notification is required by ORS (2) shall be governed by the Oregon Forest Practices Act. Response: This response will address TCLUO Section 4.140(2) and (4) (subsection 3 is not applicable). This section of the TCLUO is the County s implementation of Oregon s Statewide Planning Goal 5. The purpose of this goal is to protect natural resources Those resources include a) riparian corridors, including water and riparian areas and fish habitat, b) wetlands, c) wildlife habitat, and d) Federal Wild and Scenic Rivers. The County s ordinance is intended to protect these areas from development that degrades natural resource values. This project involves the removal of riparian vegetation along the man-made levee as well as along Hoquarton Slough. Prior to alterations, this site was a tidal wetland. Through filling,

9 draining, ditching, and diking, much of the the site was converted to agricultural land. This was an accepted practice at the time it occurred. The existing riparian area is a result of these manmade alterations to the historic estuarine habitat. Lack of maintenance of the dikes was a major contributing factor in the establishment of vegetation, both understory and trees (conifers and hardwoods) particularly along the upper reaches of Hoquarton Slough. Had the dikes been properly maintained according to typical standards, they would have been kept in a vegetationfree condition. Restoration of the site to its historic conditions requires the removal of the vegetation. The project design has been reviewed by the Oregon Department of Fish Wildlife, US Fish and Wildlife Service, and NOAA-Fisheries and the loss of the riparian vegetation is considered a necessary component to achieve maximum habitat values. In terms of fish habitat, the tidal wetland restoration will provide habitat values that far exceed those provided by the existing riparian area for fish and shellfish and the wildlife and avian benefits are expected to increase significantly (Exhibit C and D). Tillamook Bay has been identified as the northern Oregon coast's most important area for waterfowl and shorebirds. Re-planting will take place in appropriate areas. As necessary, the applicant will comply with the Oregon Forest Practices Act.. Section 3.510: FLOOD HAZARD OVERLAY ZONE (FH) (12) DEVELOPMENT PERMIT PROCEDURES: A development permit shall be obtained before construction or development begins within any area of special flood hazard zone. The permit shall be for all structures including manufactured dwellings, and for all development including fill and other development activities, as set forth in the Definitions contained in this Section of the Land Use Ordinance. (a) Application for a development permit shall be made on forms furnished by the Planning Director and shall include but not necessarily be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required and Development Permits required under this Section are subject to the Review Criteria put forth in Section (12)(b): (1) Elevation in relation to mean sea level of the lowest floor, including basement, of all structures; (2) Elevation in relation to mean sea level to which any proposed structure will be floodproofed; (3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Subsection 4 (c) of this Section; and (4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Response: The US Army Corps of Engineers- Oregon Department of State Lands Joint Application is attached (Exhibit E). It includes site maps, aerial photos, and preliminary designs.

10 (b) Development Permit Review Criteria (1) The fill is not within a floodway, wetland, riparian area or other sensitive area regulated by the Tillamook County Land Use Ordinance. Response: No fill will be imported for this project. When a levee is removed, the material will be reused to build a new levee, improve existing remaining levees, or grade at various locations throughout the full project area (642 acres). The restoration project will take place within a floodway, wetland and riparian area. Development in these areas is regulated by other sections of the Tillamook County Land Use Ordinance as well as other state and federal agencies. The applicable elements of the ordinance are addressed elsewhere in this application. The re-use of the fill as well as the other actions included in this project has been verified by a certified professional engineer that it will not result rise in floodwaters during a 100-year event. This site has been extensively modeled to ensure that this project results in flood reduction benefits. Approximately 3000 total acres will benefit from reduced flood levels through this flood reduction-tidal wetland restoration project. This section of the TCLUO encourages mitigation and restoration programs in "exchange" (/in addition to) for alteration of Special Flood Hazard Areas, existing and natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters - a driver for this project. (2) The fill is necessary for an approved use on the property. Response: Active restoration is an outright permitted use in the Farm Zone subject to meeting all other regulatory requirements. (3) The fill is the minimum amount necessary to achieve the approved use. Response: Approximately 6.9 miles of existing levees (243,000 cubic yards of fill) will be removed to create a more unobstructed floodway out to Tillamook Bay. The 243,000 cubic yards of material will be re-purposed to construct a new levee, 1.4 miles in length, and improve 2.9 miles of existing levees to protect adjacent properties from tidal inundation. The remaining fill material will be used to fill in existing drainage ditches and spread on-site in subsided areas to speed restoration. (4) No feasible alternative upland locations exist on the property. Response: The purpose of this project is two-fold: 1) to mitigate the effect of flooding along north Highway 101 and 2) to restore tidal wetland functions and its associated benefits. Through the Oregon Solutions process, a series of projects were considered. This project, the Southern Flow Corridor- Landowner Preferred Alternative, was determined to meet multiple goals making this the preferred alternative. The project has also undergone a Federal Environmental Impact Study (draft). Upland locations would not be feasible on this property as the tidal wetland restoration is a critical component to the success of the flood reduction. (5) The fill does not impede or alter drainage or the flow of floodwaters. Response: This project and the re-use of the existing fill are designed to maximize drainage and flow of floodwaters while protecting adjacent properties. The removal of 6.9 miles of existing

11 levee, the creation of 1.4 miles of new setback levee, the removal of trees along Hoquarton slough, and improvements to remaining existing portions of the current levee, are intended to facilitate the conveyance of floodwaters. Modeling indicates that flood reduction benefits of up to 1.5 feet will be achieved along Highway 101. The area of flood level reduction is over 3,000 acres and encompasses the lower Wilson, Trask and Tillamook Rivers floodplains. There are 540 residential, commercial and agricultural structures located in this area of benefit. Total estimated economic benefits accrued from avoided flood damages over a 50-year project life are $9.2 million. Response: N/A Response: N/A (6) For creation of new, and modification of, Flood Refuge Platforms, the following apply, in addition to (12)(a)(1-4) and (b)(1-5): i. The fill is not within a floodway, wetland, riparian area or other sensitive area regulated by the Tillamook County Land Use Ordinance. ii. The property is actively used for livestock and/or farm purposes, iii. Maximum platform size = 10 sq ft of platform surface per acre of pasture in use, or 30 sq ft per animal, with a 10-ft wide buffer around the outside of the platform, iv. Platform surface shall be at least 1 ft above base flood elevation, v. Slope of fill shall be no steeper than 1.5 horizontal to 1 vertical, vi. Slope shall be constructed and/or fenced in a manner so as to prevent and avoid erosion. Conditions of approval may require that if the fill is found to not meet criterion (5), the fill shall be removed or, where reasonable and practical, appropriate mitigation measures shall be required of the property owner. Such measures shall be verified by a certified engineer or hydrologist that the mitigation measures will not result in a net rise in floodwaters and be in coordination with applicable state, federal and local agencies, including the Oregon Department of Fish and Wildlife.