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NWP-2013-141/1

Posted: 8/18/2015

Expiration date: 9/16/2015


PUBLIC NOTICE for Permit Application


Issue Date: August 17, 2015

Expiration Date: September 16, 2015

US Army Corps of Engineers No: NWP-2013-141/1

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


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.  Please direct all comments or additional information requests to:
 
Heidi Firstencel, Project Manager 
U.S. Army Corps of Engineers
Eugene Field Office
211 E. 7th Avenue, Suite 105
Eugene, Oregon  97401-2722
heidi.firstencel@usace.army.mil 
(541) 465-6765
  

Applicant: McDougal Brothers, Inc.
Attn: Phil Velie
600 Dale Kuni Road
Creswell, OR 97426

Location: City of Eugene, Lane County, OR. Lat. 44° 3'21.65" N, Long.123°12'20.74" W. East side of Green Hill Road, approximately 1,100 feet north of West 11th Avenue, south of Railroad Crossing.

Waterway:  Wetlands adjacent to Amazon Diversion Canal/Amazon Creek. 

Project Description: The applicant is proposing to fill 0.76 acres of emergent and scrub/shrub wetlands in order to facilitate the development of the area as a rail loading facility.  The rail siding would allow train cars to enter the Gregory Mill site and be loaded with timber products from both sides of the siding. The siding would enter the site from a switch on the CBR rail line (west switch).  In order to provide workers with access, a road would be constructed parallel to the track.  The applicant has stated that stormwater runoff from the site after construction could migrate to existing ditches but would be minimal since the gravel foundation of the rail siding would allow infiltration of stormwater.  Project construction would result in approximately 6.3 acre of ground disturbance

Mitigation: To compensate for 0.76 acres of wetland impacts, the applicant is proposing to purchase 0.76 credits from the City of Eugene’s Wetland 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 applicant has stated that the site is highly suitable as a distribution hub for construction materials due to its location immediately adjacent to the Port of Coos Bay Rail Link rail line. The proposed rail siding would allow train cars to enter the Gregory Mill site and be loaded with timber projects from both sides of the siding, for delivery to the Port of Coos Bay.  

Drawing(s):  Three drawings are attached and labeled Corps No. NWP-2013-141/1, Figures 1 - 4

Additional Information:  The applicant received authorization from the USACE and the State of Oregon to fill 0.272 acre of wetlands on the project site in 2013 in order to ‘remediate and develop a contaminated site’.  As mitigation, the applicant was required to purchase 0.34 wetland bank mitigation credits from the West Eugene Wetlands Mitigation Bank.   

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 will not affect endangered species. Consultation under Section 7 of the Endangered Species Act of 1973 (87 Stat. 844) is not required for the described activity.

Cultural Resources:   An initial evaluation of the proposed project area, as well as a review of the Cultural Resources Survey completed during the 2013 application process, indicates to the best of our knowledge, the proposed activity is not located on property registered or eligible for registration in the latest published version of the National Register of Historic Places.  
 
This notice is being 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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