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NWP-1995-847-1

Posted: 9/3/2015

Expiration date: 9/23/2015


PUBLIC NOTICE For Permit Application


Issue Date: August 24, 2015

Expiration Date: September 23, 2015

US Army Corps of Engineers No: NWP-1995-847-1

30-Day Notice Oregon Department of State Lands No: APP0056827



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
Ms. Kinsey Friesen, kinsey.m.friesen@usace.army.mil 
P.O. 2946
Portland, Oregon  97208-2946

Applicant: J.C. Compton Company
3825 Shropshire Way
Salem, Oregon 97302

Location: The project is located at 6500 SE Turner Road south of Ahrens Road in Turner, Marion County, Oregon. The site is in Section 20 & 20D of Township 08 South, Range 02 West (44.889432, -122.954950).

Waterway: Wetlands and an intermittent drainage lie adjacent to the centrally located (created) Turner Lake.  The subject property consists of a total of 78.84 acres of six wetlands and two waterways.

Project Description: Project proposes secondary use of former industrial aggregate extraction area for residential redevelopment. Applicant proposes to construct 203 single-family residential lots and associated infrastructure. Project would include dedication of approximately 32 acres of land surrounding Turner Lake as community open space. An emergency lake access, bridge crossings of an intermittent drainage, stormwater management plan and utility provisions are project components. 

Construction methods include erosion control best management practices (BMP) installation prior to heavy equipment operation. Areas of temporary disturbance would be replanted with native species.  The proposed project will result in permanent fill impacts to 3.36 acres of wetland and 0.12 acres of waters. Permanent removal impacts will be 3.34 acres to wetlands.  Applicant’s proposal includes rectification of 2.4 acres of alleged wetland impacts incurred during final mining reclamation / initial site redevelopment processes incurred circa 2010.

Mitigation: The applicant has provided a proposed compensatory wetland mitigation plan to address the 2.4 acre of impacts. Applicant purchased 2.4 credits at Mud Slough Wetland Mitigation Bank in April 2014.  Applicant proposes a second purchase of credits at Mud Slough as compensatory mitigation for proposed development impacts.  The amount of compensatory mitigation required shall be commensurate with the anticipated impacts of the project.

If a permit is issued, the Corps will determine what an appropriate and practicable compensatory mitigation is.  The amount of compensatory mitigation required shall be commensurate with the anticipated impacts of the project.

Purpose: The secondary use of this property and purpose of this project is to increase residential lots to address current City of Turner residential needs.

Drawing(s): Twenty-five (25) drawings are attached and labeled Corps No. NWP-1995-847

Additional Information: Additional information may be obtained from Ms. Kinsey Friesen, Project Manager, U.S. Army Corps of Engineers at (503) 808-4378, or E-mail 
kinsey.m.friesen@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 (insert the statement that best describes this project from the following list (then delete the others) :

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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