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NWP-2017-54

Posted: 2/24/2017

Expiration date: 3/15/2017


PUBLIC NOTICE
Application for Permit

Issue Date: February 14, 2017
Expiration Date: March 15, 2017
US Army Corps of Engineers No: NWP-2017-54
30-Day Notice Oregon Department of State Lands No: 59826-RF


Interested parties are hereby notified the U.S. Army Corps of Engineers, Portland District (Corps) has received an application for a Department of the Army permit for certain work in waters of the United States, as described below and shown on the attached plans. The Corps is soliciting comments on the proposed work.


Applicant: Mr. Scott Lepman
Glorietta Bay, LLC
100 Northwest Ferry Street
Albany, Oregon 97321-2253
Email: Candace@slcompany.com 
Telephone: (541) 979-4646


Applicant’s Agent: Mr. Allen Martin 
Attention: Geo Resources, LLC
P.O. Box 71852
Springfield, Oregon 97475-0278
Email: georesources@comcast.net 
Telephone: (541) 946-1013

Location: The project site is located at the intersection of West Oak Street and Reeves Parkway, Lebanon, Oregon. The site is in Section 16 of Township 12 South, Range 2 West. 
Latitude and Longitude: 44.53391° North, 122.93463° West

Waterway: First order headwater tributary for Little Oak Creek and abutting wetlands (HUC12: Upper Oak Creek (170900030401)). The wetland boundaries and the tributary are shown on the project drawings and have not yet been verified by the Corps. If the Corps determines the boundaries of the wetland/waters are substantially inaccurate a new public notice may be published.

Project Purpose:
The applicant’s stated purpose is to construct a multi-use business park within the city limits of the city of Lebanon. 

Project Description: The proposed project would involve the phased construction of a multi-use business park within a 44.36 acre site. The new construction would consist of the placement of streets, parking areas, self-storage units, sidewalks, and utilities. Phase I of the site development plan would focus on the construction of a self-storage facility. Approximately 11,979 cubic yards (cy) of structural fill material would be permanently discharged within wetlands to construct seven self-storage units and an office. The placement of fill material to support the construction of storage units is expected to result in the permanent loss of 4.95 acres of wetland within a 9.03 acre boundary. In addition, Phase I would permanently impact approximately 2.52 acres of a headwater tributary through the excavation of approximately 5,992 cy of existing soil and discharge of 4,059 cy of structural fill above and below the ordinary high water mark of the tributary. The applicant would construct an in-channel floodplain terrace along a 2,300 foot length of the tributary for the purpose of enhancing the aquatic and riparian functions and values of the tributary. The lower terrace would be planted with native shrubs and forbs to provide long-term water quality protection for the tributary and downstream surface waters. Best management practices such as the adoption and use of an erosion control and sediment plan, and the development of a post-construction stormwater treatment system would be incorporated within the site development design to prevent impacts to downstream waters. 

Mitigation: Currently a portion of the tributary onsite is part of an existing, permittee-responsible mitigation site in the form of a conservation easement which measures approximately 1,000 feet long and 80 feet wide. The mitigation site possesses a 40‐foot wide setback from the center of the tributary on both sides of the tributary. The applicant is proposing to modify the conservation easement to allow Phase I development to occur, to include protection of the entire tributary located within the development site, in total 2,300 feet, and to narrow to 25‐foot wide setback from the center of the tributary on both sides for the length of the tributary. Road crossings would be minimal and culverts would meet appropriate aquatic species passage standards. In addition to modifying the existing onsite mitigation site, the applicant has proposed to purchase credits from One Horse Slough Mitigation Bank to offset any unavoidable loss of aquatic functions to waters of the U.S. that may result from the proposed project. The Corps will determine the type and amount of compensatory mitigation necessary to offset environmental losses from the proposed project.

Drawings: Eight (8) drawings are attached and labeled Corps No. NWP-2017-54 Copies of this public notice, which have been mailed or otherwise physically distributed, feature project drawings in black and white. The electronic version features those drawings in color, which we think more accurately illustrates the proposed project. To access the electronic version of this public notice, go to the Portland District website at http://www.nwp.usace.army.mil/ and select Regulatory Branch Permit Information. At the Regulatory page select Regulatory Public Notices.

Authority: The proposed project will be evaluated under the following:
Section 404, Clean Water Act (33 U.S.C. 1344), for discharge of dredged or fill material into waters of the United States.

Clean Water Act Section 404(b)(1) Guidelines:
The described discharge will be evaluated for compliance with guidelines promulgated by the U.S. Environmental Protection Agency under authority of Section 404(b)(1) of the Clean Water Act. The 404(b)(1) Guidelines are the substantive criteria used in evaluating discharges of dredged or fill material into waters of the United States. The source of the fill material would be from three local quarries who possess clean fill material to meet the site development objectives. Should a permit be issued, the Corps will evaluate the fill material source (i.e., borrow site) prior to the start of construction.

Water Quality Certification: Section 401 of the Clean Water Act (33 U.S.C. 1341) requires applicants to obtain a water quality certification for proposed discharges into waters of the United States. A permit for the described work will not be issued until certification has been issued or is waived from the certifying state. Attached is the state's notice for a water quality certification.

Endangered Species: Section 7 of the Endangered Species Act (ESA) (16 U.S.C 1536) requires federal agencies to consult with the National Marine Fisheries Service (NMFS) and/or U.S. Fish and Wildlife Service (USFWS) on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or that may adversely modify designated critical habitat. The Corps’ preliminary review indicates the described activity may affect an endangered or threatened species or designated critical habitat. The Corps will initiate consultation under Section 7 of the ESA. The Corps will complete the required consultation prior to finalizing a permit decision.

Essential Fish Habitat: Section 305(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) as amended (16 U.S.C 1855), requires Federal agencies to consult with the NMFS on all actions, or proposed actions, permitted, funded, or undertaken by the agency, that may adversely affect Essential Fish Habitat (EFH). The Corps’ preliminary review indicates the described activity would adversely affect EFH at the project location or in the vicinity. The Corps will initiate consultation under Section 305(b)(2) of the MSA. The Corps will complete the required consultation prior to finalizing a permit decision.

Historic Properties/Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), requires Federal agencies to consult with the appropriate State and/or Tribal Historic Preservation Officer to take into account the effects of actions they undertake or permit on historic properties listed in or eligible for listing in the National Register of Historic Places. The Corps’ preliminary review indicates to the best of our knowledge, the described activity is not located on property registered or eligible for registration in the latest published version of the National Register of Historic Places. At this time the Corps is unaware of any cultural resource surveys of the project area. 

This notice has been provided to the State Historic Preservation Office (SHPO), interested Native American Indian Tribes, and other interested parties. If you have information pertaining to cultural resources within the permit area, please provide this information to the Corps’ project manager identified at the end of this notice to assist in a complete evaluation of potential effects.

Public Hearing: Any person may request in writing within the comment period specified in this notice that a public hearing be held to consider this application. Requests for public hearings shall state with particularity the reasons for holding a public hearing.

Evaluation:
The decision whether to issue a permit will be based on an evaluation of the probable impact, including cumulative impacts, of the described activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the described activity, must be balanced against its reasonably foreseeable detriments. All factors, which may be relevant to the described activity will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, consideration of property ownership and, in general, the needs and welfare of the people.

The Corps is soliciting comments from the public; Federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of the proposed project. Comments received will be considered by the Corps to determine whether to issue, modify, condition or deny a permit for this proposal. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing.

Submitting Comments: Interested parties are invited to provide comments on the proposed project. Comments may be submitted by conventional mail or email. All comments received will be considered in determining whether authorizing the work would be contrary to the public interest. 

Either conventional mail or e-mail comments must include the Corps reference number as shown on page 1 and include the commenter’s name and address. In order to be accepted, e-mail comments must originate from the author’s e-mail account and must include on the subject line of the e-mail message the Corps reference number. All comments received will become part of the administrative record and are subject to public release under the Freedom of Information Act including any personally identifiable information such as names, phone numbers, and addresses.

Additional information about the proposed project may be obtained from the Corps Project Manager listed below. All comments, whether by conventional mail or email, must be received no later than the expiration date of this public notice to ensure consideration. Comments should be submitted to the following mailing address or email address:

U.S. Army Corps of Engineers
Andrea Wagner 
Eugene Field Office
211 E. 7th Avenue, Suite 105
Eugene, Oregon 97401-2722
Email: andrea.r.wagner@usace.army.mil 
Telephone: (541) 465-6882


PUBLIC NOTICE
Oregon Department of Environmental Quality (DEQ)
Water Quality 401 Certification

Notice Issued: February 14, 2017
Written Comments Due: March 15, 2017


Corps of Engineers No: NWP-2017-54
Oregon Department of State Lands No: 59826-RF

WHO IS THE APPLICANT: Mr. Scott Lepman

LOCATION OF CERTIFICATION ACTIVITY: See attached U.S. Army Corps of Engineers public notice.

WHAT IS PROPOSED: See attached U.S. Army Corps of Engineers public notice on the proposed project.

NEED FOR CERTIFICATION: Section 401 of the Federal Clean Water Act requires applicants for Federal permits or licenses to provide the Federal agency a water quality certification from the State of Oregon if the proposed activity may result in a discharge to waters of the state.

DESCRIPTION OF DISCHARGES: See attached U.S. Army Corps of Engineers public notice on the proposed project.

WHERE TO FIND DOCUMENTS: Documents and materials related to water quality issues as a result of the proposal are available for examination and copying at Oregon Department of Environmental Quality, 401 Water Quality Certification Coordinator, Northwest Region, 
700 NE Multnomah Street, Suite 600, Portland, Oregon 97232. Other project materials are available by contacting the Corps per the attached public notice.

Scheduling an appointment will ensure that water quality documents are readily accessible during your visit. To schedule an appointment please call DEQ Water Quality at Northwest Region at (503) 229-5263.

Any questions on the water quality certification process may be addressed to the 401 Program Coordinator at (503) 229-6030 or toll free within Oregon at (800) 452-4011. People with hearing impairments may call the Oregon Telecommunications Relay Service at 1-800-735-2900.

PUBLIC PARTICIPATION:
Public Hearing: Oregon Administrative Rule (OAR) 340-48-0032 (2) states that “The Corps provides public notice of and opportunity to comment on the applications, including the application for certification, provided that the department (DEQ), in its discretion, may provide additional opportunity for public comment, including public hearing.” 

Written comments: Written comments on project elements related to water quality must be received at the Oregon Department of Environmental Quality by 5 p.m. on the date specified in the upper right section on page one of this notice. Written comments may be emailed, mailed or faxed as described below: 

Email - 401publiccomments@deq.state.or.us

Mail - Oregon Department of Environmental Quality, Northwest Region
700 NE Multnomah Street, Suite 600
Portland, Oregon 97232 
Attn: 401 Water Quality Certification Coordinator 

Fax - (503) 229-6957

WHAT HAPPENS NEXT: DEQ will review and consider all comments received during the public comment period. Following this review, certification of the proposal may be issued as proposed, issued with conditions, or denied. You will be notified of DEQ's final decision if you submit comments during the comment period. Otherwise, if you wish to receive notification, please call or write DEQ at the above address.

ACCESSIBILITY INFORMATION: This publication is available in alternate format (e.g. large print, Braille) upon request. Please contact DEQ Office of Communications and Outreach at (503) 229-5317 or toll free within Oregon at 1-800-452-4011 to request an alternate format. People with a hearing impairment can receive help by calling the Oregon Telecommunications Relay Service at 1-800-735-2900.

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