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Posted: 10/6/2014

Expiration date: 11/5/2014

PUBLIC NOTICE for Permit Application



                        Issue Date: October 6, 2014

                                    Expiration Date: November 5, 2014

                                    US Army Corps of Engineers No:  NWP-2008-614-1

30-Day Notice                                                                                                                   Oregon Department of State Lands No: 56240-RP



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

                        Danielle Erb, Danielle.H.Erb@usace.army.mil

                        PO Box 2946

                        Portland, OR  97208-2946


Applicant:      Cooper Creek, LLC

                        5 Financial Plaza, Ste 116

                        Napa, CA 94558


Location:        The project is located 7855 Zumwalt Road, Monmouth, OR, Section 04, Township 9 South, Range 5 West (44.8203 N, -123.3142 W).


Waterway:  Cooper Creek, three intermittent tributaries, and four unnamed wetlands.

Project Description:  The proposed project involves the construction of a dam and reservoir to provide irrigation water for a vineyard and other related crops.  The construction of the project would require the removal of 580 cubic yards (cy) of soil and rock for a key trench for the dam from below the Ordinary High Water Mark (OHWM).  Removed soils will be placed back into the key trench in compacted form.  Additional material for the earthen dam will come from the reservoir area. 


The construction will impact a total of 0.37 acres of wetlands and approximately 1,690 linear feet of intermittent stream. Two wetlands will be inundated with water from the filling of the reservoir and a third wetland will have approximately 13,800 cy of silt and clay placed within 0.32 acre for the dam embankment.  Portions of four streams will be inundated with water from the reservoir, totaling 1,328-linear feet of stream inundation.  Three of the four streams will also have permanent fill of silt and clay for the dam embankment, totaling 356-linear feet of stream impact below the OHWM. Although the streams do not typically flow most of the summer, any flowing water would be diverted around the construction site. 


All exposed soil would be seeded and mulched after the construction is completed.  According to a hydrology and water quality report, the first year that the reservoir is filled, approximately 8.4% of the average annual runoff will be diverted from the 380 acre study basin; on an average year, they estimated that 4.2% of the annual runoff would be diverted. 


Mitigation: The applicant has provided a proposed compensatory wetland mitigation plan for approximately 1450-feet of intermittent stream impacts.  The proposed mitigation plan includes 1500-feet of onsite streambank enhancement.  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:  To provide irrigation water for a vineyard and other related crops.


Drawing(s):  Sixteen (16) drawings are attached and labeled Corps No. NWP-2008-614-1.


Additional Information:  Additional information may be obtained from Ms. Danielle Erb, Project Manager, U.S. Army Corps of Engineers at (503) 808-4368 or email Danielle.H.Erb@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) will be initiated.  A permit for the proposed activity will not be issued until the consultation process is completed.


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 (EFH).


The project area is 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 the species listed above, 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 historic properties investigation has been conducted within the permit area.  No sites determined eligible for or listed on the National Register of Historic Places were found to exist within the permit 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 on page 1 of 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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