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NWP-2014-43

Posted: 3/12/2015

Expiration date: 4/13/2015


UPDATED

PUBLIC NOTICE for Permit Application 

                                                                                                                                                                      Issue Date: March 13, 2015

     Expiration Date: April 13, 2015

                                     US Army Corps of Engineers No:  NWP-2014-43

30-Day Notice                                                                                                               Oregon Department of State Lands No:  57482

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
Regulatory Branch
Mr. Michael LaDouceur; michael.a.ladouceur@usace.army.mil 
P.O. Box 2946
Portland, Oregon  97208-2946

Applicant: Mr. Stephen Martin, Tri-County Center Trust, 8565 SW Barbur Boulevard, Portland, Oregon 97219

Location:   The project is located at 11985 SW 72nd Avenue, Tigard, Washington County, Oregon in Section 1 of Township 2 South, Range 1 West (Latitude 45.432948, Longitude -122.752149)

Waterway: Wetlands A, B, C, D, E, F, and G and an unnamed perennial tributary to Red Rock Creek are located within the permit area.  

Project Description:  The proposed project will construct two commercial buildings and an associated surface parking lot permanently impacting Wetlands A, B, C, D, E, F, and G.  A total of 1,180 cubic yards of soil, gravel and rock will be discharged into 0.143 acre of wetlands.  The project also involves placing 372 linear feet of an unnamed tributary to Red Rock Creek into a 48-inch pipe.  The proposed project does not qualify for a general permit because it exceeds the 300 linear foot of impact to streambed threshold of Nationwide Permit No. 39 (Commercial and Institutional Developments).  

Mitigation: The applicant has provided a proposed compensatory wetland mitigation plan for the purchase of wetland mitigation credits from the Tualatin Valley Environmental Mitigation Bank and the Half Mile Lane In-Lieu Fee Site for impacts to wetlands and waters.  The applicant believes the on-site wetlands may be an historic wetland compensatory mitigation site and has proposed to purchase credits at a 2 credit to 1 acre impact ratio.  A total of 0.24 acre of wetland mitigation credit would be purchased from the Tualatin Valley Environmental Mitigation Bank, and 0.06 acre of mitigation credit would be purchased from the Half Mile Lane In-Lieu Fee Site.  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 construct commercial space with associated parking.

Drawing(s):  Ten (10) drawings are attached and labeled Corps No.: NWP-2014-43

Additional Information:  Additional information may be obtained from Mr. Michael LaDouceur, Project Manager, U.S. Army Corps of Engineers at (503) 808-4337, or by7 e-mail at michael.a.ladouceur@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 (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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