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NWP-2000-320-3

Posted: 12/10/2015

Expiration date: 1/11/2016


PUBLIC NOTICE for Permit Application

Issue Date: 10 December 2015

Expiration Date: 11 January 2015

US Army Corps of Engineers No: NWP-2000-320/3

30-Day Notice Oregon Department of State Lands No: APP0058565


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
Benny A. Dean Jr. (Benny.A.Dean@usace.army.mil
Eugene Field Office
211 E. 7th Avenue, Suite 105
Eugene, Oregon  97401-2722

Applicant: GPA1 LLC.
ATTN: Rob Wood
P.O. Box 13969
Salem, Oregon 97309

Location: The project is located on Tax Lots 600 and 3500, in Corvallis, Benton County, Oregon.  The site is in Section 22 of Township 11 South, Range 5 West.

Waterway: Approximately 15.84 acres of unnamed wetlands and 0.77 acres of unnamed tributaries were delineated on the project site.

Project Description: The proposed project would impact a total of 1.90 acres of wetlands and 0.03 acres of tributaries to construct a 240-unit, 836-bed development.  Up to 5,322 cubic yards of materials would be discharged to construct NW Shooting Star Drive, NW Kings Boulevard, streets, paths, install utilities, and stormwater facilities.  Fill would also be discharged into 0.03 acres of two unnamed tributaries to construct roadway crossings.  The proposed development would include building types such as cottages, townhomes and multi-unit walk-up buildings.  Each of the buildings would be a mix of one, two, three, four, and five bedrooms to allow a flexible and diverse range of living options.  The residential buildings are grouped around central amenity areas to promote communal gathering spaces for residents to seek and appreciate.  The layout is pedestrian friendly to reduce car travel and use.  Buildings are designed to use a limited palette of cladding materials which are contemporary and consistent with the region.

Mitigation:
The applicant has provided a proposed compensatory wetland mitigation plan for impacts to 1.90 acres by purchasing 1.90 acres of wetland credit at the Mid Valley Bank and purchase of 0.03 acre of riverine credit from Evergreen 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 project purpose is to construct a residential development.

Drawing(s): Eighteen (18) drawings are attached and labeled Corps No. NWP-2000-320/3 (Enclosure).

Additional Information: Additional information may be obtained from Mr. Benny A. Dean Jr., Project Manager, U.S. Army Corps of Engineers at (541) 465-6769, or E-mail 
(Benny.A.Dean@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 the permit area is likely to yield resources eligible for inclusion in the National Register of Historic Places.  An investigation for the presence of potentially eligible historic properties is justified and would be required prior to the Corps’ final permit decision.

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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