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NWP-2008-188

Posted: 12/17/2014

Expiration date: 1/16/2015


PUBLIC NOTICE for Permit Application

                        Issue Date: Dec. 17, 2014

                                    Expiration Date: Jan. 16, 2015

                                                    US Army Corps of Engineers No: NWP-2008-188

30-Day Notice                                  Oregon Dept. of State Lands No: APP0041271         

 

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

                        Carrie Bond Carrie.L.Bond@usace.army.mil

                        P.O. Box 2946

                        Portland, OR 97208-2946

Applicant:     Oregon Dept. of Transportation – Region 3

                      Doug Sharp

                      100 Antelope Rd.

                      White City, OR 97503

 

Location:      The project site is located at Interstate-5 (I-5) Northbound, from Milepost (MP) 12.5 to 13.3, in Sections 13 and 24, Township 39 South, Range 1 East, in the city of Ashland, Jackson County, Oregon. The approximate center coordinates of the project site are 42.1687, -122.6543.

 

Waterway: The project will affect an unnamed tributary to Tolman Creek and adjacent wetlands.

Project description: The project involves the discharge of 6,204 cubic yards of fill into waters of the United States to construct the new Siskiyou Rest Area. The project will impact 3.216 acres in eight (8) wetlands and 0.04 acre below the ordinary high water mark (OHWM) in an unnamed tributary to Tolman Creek. The original Siskiyou Rest Area located at Milepost 10 was closed in 1996 due to unsafe conditions. The new rest area will be constructed at a safer location. It will include entrance and exit ramps, parking area for RVs and autos, restroom facilities, an interpretive area, kiosks, a Welcome Center building, sidewalks, and landscaping with an underground irrigation system. The project also includes the construction of a service access road from Crowson Road to the visitor’s center across an existing culvert over Tolman Creek.

 

Mitigation: The applicant has proposed to purchase credits from the ODOT Vernal Pool 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: The purpose of the project is to construct a rest area for interstate travelers.

 

Drawings: Twenty-seven (27) drawings are attached and labeled NWP-2008-188 enclosure.

 

Additional information may be obtained from Carrie Bond, Project Manager, U.S. Army Corps of Engineers, by calling 503-808-4387 or by email to: Carrie.L.Bond@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.

 

Cultural resources: An initial evaluation of the proposed project area indicates that 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. The permit area has been so extensively modified by modern development that little likelihood exists for the proposed project to affect an undisturbed historic property or any other type of cultural resource. 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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