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Posted: 1/23/2015

Expiration date: 2/22/2015

PUBLIC NOTICE for Permit Application

                        Issue Date: Jan. 22, 2015

                                    Expiration Date: Feb. 23, 2015

                                    US Army Corps of Engineers No: NWP-2008-694-1 

30-Day Notice                                              Oregon Department of State Lands No: 57229         



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

                        Andrea Wagner (andrea.r.wagner@usace.army.mil)

                        Eugene Field Office

                        211 E. 7th Ave., Ste. 105

                        Eugene, OR 97401-2722

Applicant:     Paula Lafferty

                        Eugene Freezing and Storage, Co.

                        310 South Seneca Rd.

                        Eugene, OR 97402-2726


Location:      The project is located east on 34th Ave. Southwest from Highway 99 East and south on Marion Street Southeast in Albany, Linn Co., Ore. The site is in Section 19 of Township 11 South, Range 3 West. (44.60492/-123.09548)


Waterway: The project is located in wetlands adjacent to Beaver and Oak creeks. The subject property consists of a total of 13.02 acres of three wetlands and one waterway.

Project description: The project proposes three phases to expand an existing controlled food storage structure by increasing the frozen storage warehouse availability and adding a blueberry processing facility. SnoTemp facilities have occupied this site since 1975 with an expansion in 1996. To facilitate long-term industrial development strategies the first phase would add a new freezer and its associated components, processor, office, parking lot and stormwater facilities. The second phase would add additional cold storage, additional parking, and finished stormwater facilities. The third phase would add a future storage building. The construction of the facilities and infrastructure would disturb approximately 24 acres of land. Approximately 12.45 acres of wetlands would be permanently filled and 0.08 acres of wetlands would be temporarily filled. Construction methods include erosion control BMPs, stripping of organic material on-site and grading with scrapers, excavators, bulldozers, and rollers. Excess material would be removed to up-land facilities. Clean, imported crushed rock would be placed in compacted lifts to support facility infrastructure. Underground utilities would be installed by use of an excavator and filled with crushed aggregate. A box culvert crossing would be installed on the northern side of the ditch. After buildings are constructed the site would be fine graded for pouring of asphalt and lastly landscaped. The project would include stormwater treatment facilities which would be shaped with an excavator or small bulldozer and planted with native plantings.


Mitigation: The applicant proposes to purchase credits from One Horse Slough Mitigation Bank as compensatory wetland mitigation. 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 project purpose is to meet local demand for controlled food storage and blueberry processing.


Drawings: Seven (7) drawings are attached and labeled NWP-2008-694-1 enclosure.


Additional information may be obtained from Andrea Wagner, Project Manager, U.S. Army Corps of Engineers at 541-465-6882 or email andrea.r.wagner@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 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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