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Posted: 12/8/2014

Expiration date: 1/7/2015

PUBLIC NOTICE for Permit Application

                        Issue Date: Dec. 8, 2014

                                    Expiration Date: Jan. 7, 2015

                                    US Army Corps of Engineers No: NWP-2014-264

30-day notice                                               OR Department of State Lands No:      



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

                        Joseph Sheahan; joseph.e.sheahan@usace.army.mil

                        Eugene Field Office

                        211 E. 7th Ave., Ste. 105

                        Eugene, OR 97401-2722


Applicant:     Brian Barr

                        Geos Institute

                        84 Fourth St.

                        Ashland OR, 97330


Location:      Latitude North: 42.475572/ Longitude West: -123.182594


Waterway: Evans Creek 3.3 miles upstream from the confluence with the Rogue River.

Project description: The Geos Institute is proposing to breach Fielder Dam and reconstruct the creek channel to provide better fish passage. Fielder Dam is an approximately 259 feet long, 20 foot high concrete dam spanning Evans Creek at river mile 3.3 that is no longer used for irrigation diversion.


The Geos Institute proposes to remove up to 7,500 cubic yards of soil rock and concrete and create channel by discharging up to 3,250 cubic yards of rock, gravel and sand along a 250 foot section of Evans Creek using typical earth moving equipment. If a relic log crib dam or similar structure is encountered during the removal of the sediment, the logs and boulders that are suitable for habitat features will be incorporated into the site restoration.


Phase 1: Preparation of staging area for equipment and construction of temporary road to Evans Creek on landowner property located on west side of the creek. The dam will be removed starting from mid-river and proceeding to west bank with flow during removal of this side of dam through the fish ladder/spillway. Work area will be isolated by means of a bulk bag cofferdam. Once west side of dam is removed, the passage (bypass) channel to facilitate stream channel formation will be excavated through the removed portion of dam extending approximately 450' upstream of the existing dam.


Phase 2: A temporary culvert crossing will be placed in the excavated channel to facilitate equipment access and cofferdam materials will be rearranged such that flowing water is routed around the remaining portion of the dam and the fish ladder. Once the east portion of dam structure and fish ladder are removed, the work area isolation materials and temporary culvert will be hauled off site. Upstream grading of fish passage channel will be completed at this time as needed.


The plants for the revegetation effort will include locally sourced native trees, shrubs, and groundcover to recreate the diversity and survivability of native plants found throughout the adjoining areas within the Evans Creek watershed.


Mitigation: If a permit is issued, the Corps will determine what appropriate and practicable compensatory mitigation is. The amount of compensatory mitigation required shall be commensurate with the anticipated impacts of the project.

Purpose: The purpose is to remove the Fielder Dam and reservoir, and reconstruct Evans Creek.


Drawings: Four (4) drawings are attached and labeled NWP-2014-264 enclosure.


Additional information may be obtained from Joseph Sheahan, Project Manager, U.S. Army Corps of Engineers at 541-465-6765, or by e-mail: joseph.e.sheahan@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. US Fish & Wildlife Service  is the lead federal agency for the project and initiated consultation under Section 7 of the Endangered Species Act of 1973 (87 Stat. 844). The US Fish & Wildlife is seeking concurrence that the project is consistent with the National Marine Fisheries Service 2013, Programmatic Restoration Opinion for Joint Ecosystem Conservation by the Services by the U.S. Fish and Wildlife Service Using the Partners for Fish and Wildlife, Fisheries Biological Opinion (BiOP-NWR2013-10221). A permit for the proposed activity will not be issued until the consultation process is completed.


Cultural resources: US Fish & Wildlife Service is the lead federal agency for the project and initiated consultation with the OR State Historic Preservation Office. SHPO (Case No. 14-1546). SHPO concluded the project will likely have no effect on any significant archaeological objects or sites.


An initial evaluation of the proposed project area indicates that the permit area is eligible for inclusion in the National Register of Historic Places. A Finding of Effect analysis is justified and if adverse effects are found mitigation would be required prior to the Corps’ final permit decision.


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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