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NWP-2013-405

Posted: 1/9/2014

Expiration date: 2/10/2014


PUBLIC NOTICE  for Permit Application

Issue Date: January 8, 2014
Expiration Date: February 10, 2014
US Army Corps of Engineers No: NWP-2013-405
30-Day Notice Oregon Department of State Lands No: 54939-FP

Interested parties are hereby notified that an application has been received for a Department of the Army permit for certain work in waters of the United States, as described below and shown on the attached plan.

Comments: Comments on the described work should reference the U.S. Army Corps of Engineers number shown above and reach this office no later than the above expiration date of this Public Notice to become part of the record and be considered in the decision. Comments should be mailed to the following address:

U.S. Army Corps of Engineers
Karen Nelson: Karen.L.Nelson@usace.army.mil
P.O. Box 2946
Portland, OR 97208-2946

Applicant:

Doug Moyers
CarMax Auto Superstores West Coast, Inc.
12800 Tuckahoe Creek Parkway
Richmond, VA 23238

Location: Project is located parallel to, and east of, Interstate 5, west of Lancaster Drive SE, and south of Mahrt Avenue SE (Latitude 44.9239, Longitude -122.9880) in Salem, Marion County, Oregon (Section 31, Township 7 South, Range 2 West).

Waterway: Wetlands and an adjacent unnamed tributary (drainage ditch) connect to wetlands/waters within ODOT’s right-of-way parallel to I5, and eventually joins Mill Creek.

Project Description: Applicant proposes to permanently place 11,000 cubic yards (1.27 acre), and temporarily place 358 cubic yards (0.008 acre), of fill (sand, gravel and rock) in waters of the United States to construct a CarMax Auto Superstore. The Superstore is a pre-owned automobile dealership, and includes a private car wash, parking structure, and service building with associated access drives, parking lot, outdoor areas for interim storage, and display of cars for sale with prominent freeway (Interstate 5) visibility. The project area contained a former drive-in theater and has 2.23 acres of wetlands/waters. An on-site storm water management system is proposed where stormwater runoff would be directed to on-site catch basins and piped into an extended on-site detention pond for treatment. The detention pond located at the southern part of the site, would pass hydrology through an outfall drain where flow would pass onto the ODOT right-of-way ditch parallel to I5.

Mitigation: The applicant has proposed purchasing 1.27 acre of wetland credits at the Marion Wetland Mitigation Bank. If a permit is issued, the Corps will determine what is appropriate and practicable compensatory mitigation. The amount of compensatory mitigation required shall be commensurate with the anticipated impacts of the project.

Purpose: Build a new pre-owned vehicle sales and service facility within the City of Salem with prominent visibility to the general public.

Drawings: Nine (9) drawings are attached and labeled Corp No. NWP-2013-405 enclosure.

Additional Information: Additional information may be obtained from Karen Nelson, Project Manager, U.S. Army Corps of Engineers at 503-808-4383 or email Karen.L.Nelson@usace.army.mil.

Authority: This permit will be issued or denied 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.

Water Quality Certification: A permit for the described work will not be issued until certification, as required under Section 401 of the Clean Water Act (P.L. 95 217), has been received or is waived from the certifying state. Attached is the state's notice advertising the request for certification.

Section 404(b)(1) Evaluation: The impact of the activity on the public interest will be evaluated in accordance with the Environmental Protection Agency guidelines pursuant to Section 404(b)(1) of the Clean Water Act.

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.

Endangered Species: Preliminary determinations indicate that the described activity may affect an endangered or threatened species or its critical habitat. Consultation under Section 7 of the Endangered Species Act of 1973 (87 Stat. 844) may be initiated.

Essential Fish Habitat: The Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996, requires all 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.

The project area may be within the known range of protected species. We are currently gathering information regarding these species and have yet to make a determination of effect. Should we find that the described activity may affect listed species, we will follow the appropriate course of action under Section 305(b)(2) of the Magnuson-Stevens Act. Any comments the National Marine Fisheries Service may have concerning essential fish habitat will be considered in our final assessment of the described work.

Cultural Resources: An initial evaluation of the proposed project area indicates that 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, 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 above in this notice) to assist in a complete evaluation of potential effects.

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 this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. 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 and to determine the overall public interest of the proposed activity.

Additional Requirements: State law requires that leases, easements, or permits be obtained for certain works or activity in the described waters. These state requirements must be met where applicable, and a Department of the Army permit must be obtained before any work within the applicable Statutory Authority previously indicated may be accomplished. Other local governmental agencies may also have ordinances or requirements, which must be satisfied before the work is accomplished.

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