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Posted: 8/6/2014

Expiration date: 9/3/2014

PUBLIC NOTICE for Permit Application                                                                                                          Issue Date: August 5, 2014

                                    Expiration Date: September 3, 2014

                                    US Army Corps of Engineers No:  NWP-1994-265-1

30-Day Notice                                                                                                            Oregon Department of State Lands No: 56622-RF


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 (Corps) 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
  Carol S. Franson – carol.s.franson@usace.army.mil
  Eugene Field Office
  211 E. 7th Ave., Ste. 105
  Eugene, OR  97401-2722


  Legend Homes Corp.
  12755 SW 69th Ave., Ste. 100
  Portland, OR  97223-8373

Location:   The project is located in an undeveloped residential parcel between SE Rivergreen Avenue and SE Centerpointe Drive, Corvallis, Benton County, Oregon.  The site is in Section 14 of Township 12 South, Range 5 West. (44.53162/-123.26037)

Waterway: Wetlands adjacent to the Willamette River.

Project description:  A 142-acre parcel of farmland was sold to Rivergreen Estates to develop residential homes in 1994.  Approximately 6.2 acres of mitigation were built onsite to mitigate for the fill of wetlands on the 142-acre site.  The mitigation site has not been maintained and the subsequent permit has expired. Residential development occurred in multiple phases.  The only remaining parcels are one on a site located nearby the project area and the project area.  The project parcel was subsequently sold to Legend Homes to construct Willamette Landing Phase 9. 

Phase 9 of the Willamette Landing development includes the discharge of up to 640 cubic yards of material into 0.33-acre of wetlands and a stormwater swale.  Approximately 620 cubic yards of material would be excavated. Phase 9 of the Legend Homes site is approximately 4.48 acre in size and entails the construction of 32-lot single-family residential homes.

Construction on the site would impact all wetlands and the stormwater swale located along west side of the parcel. The project site includes storm, sewer, and water lines bisecting the site and added in 2002.  All utilities would be relocated to the middle of the property along with the roadway. 

Mitigation: The applicant has provided a proposed compensatory wetland mitigation to purchase 0.33 credits from Frazier Creek 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:  Construct 32-lot single-family residential development.

Drawings:  Four (4) drawings are attached and labeled NWP-1994-265-1 enclosure.

Additional information may be obtained from  Carol Franson, Project Manager, U.S. Army Corps of Engineers at 541-465-6894 or email

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) will be initiated. A permit for the proposed activity will not be issued until the consultation process is completed.

Cultural resources:  An initial evaluation of the proposed project area indicates that the project site has limited disturbance. There are multiple sites located in the vicinity. A cultural resource survey will be required.

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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