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NWP-2008-226-2

Posted: 4/14/2015

Expiration date: 5/14/2015


PUBLIC NOTICE for Permit Application

Issue Date: April 14, 2015

Expiration Date: May 14, 2015

US Army Corps of Engineers No: NWP-2008-226/2

30-Day Notice Oregon Department of State Lands No: RF43456


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
Mr. Omar Ortiz omar.m.ortiz@usace.army.mil 
Eugene Field Office
211 E. 7th Avenue, Suite 105
Eugene, Oregon  97401-2722

Applicant: City of Corvallis Public Works
Transportation Division
P.O. Box 1083
Corvallis, Oregon 97339

Location:   The project is located in the Corvallis Airport Industrial Park between Airport Avenue along the southern boundary, Convill Avenue along the northern boundary, Ingalls Street along the western boundary and Hout Street along the eastern boundary, near Corvallis, Benton County, Oregon.  The site is in Section 22 of Township 12 South, Range 5 West (Latitude: 44.50889, Longitude: -123.28057).

Waterway: A wetland delineation identified 17.72 acres of wetlands adjacent to an unnamed tributary to Lower Marys River (HUC12: 170900030211).

Project Description:  The City of Corvallis has requested renewal of a previously authorized proposal to fill 17.72 acres of wetlands for the construction of a “project ready” industrial park to house industrial and general manufacturing on 40 contiguous acres within the City of Corvallis urban growth boundary.

As each portion is developed, the upper 12 inches of topsoil will be removed and backfilled with 18 inches of imported structural fill material.  A total of 28,588 cubic yards of material is anticipated to be removed and 42,882 cubic yards of backfill will be discharged into the 17.72 acres.  Each site is expected to occur in phases concurrent with development to minimize the area of exposed soil at any given time within the site.  Currently the site has no specific development proposed and may take a minimum of 10 years to complete.  The City has completed the initial phase of grading and planting of the mitigation site.

Mitigation: The applicant has provided compensatory wetland mitigation for the wetland functions and values that will be lost from the eventual development of the industrial park.  The mitigation site transformed an existing ryegrass farm into a seasonally-inundated or seasonally-saturated native wetland prairie through a combination of hydrologic modifications, site preparation, native plantings, and non-native plant control.  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 develop an industrial park within the Corvallis urban-growth boundary.

Drawing(s):  Six (6) drawings are attached and labeled Corps No. NWP-2008-226/2

Additional Information:  Additional information may be obtained from Mr. Omar Ortiz, Project Manager, U.S. Army Corps of Engineers at (541) 465-6878, or E-mail 
omar.m.ortiz@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 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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