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Posted: 8/16/2016

Expiration date: 9/15/2016

PUBLIC NOTICE for Permit Application

Issue Date: August 16, 2016

Expiration Date: September 15, 2016

US Army Corps of Engineers No:  NWP-2016-127

30-Day Notice Oregon Department of State Lands No:  59188-RF


Interested parties are hereby notified the U.S. Army Corps of Engineers, Portland District (Corps) has received an application  for a Department of the Army permit for certain work in waters of the United States, as described below and shown on the attached plans.  The Corps is soliciting comments on the proposed work.

Applicant: Polygon NW Company
Attention: Fred Gast
109 East 13th Street
Vancouver, Washington 98660
Email: Fred.Gast@PolygonHomes.com 
Telephone:  (503) 221-1920

Applicant’s Agent: SWCA Environmental Consultants 
Attention: C. Mirth Walker
1220 SW Morrison Street, Suite 700
Portland, Oregon 97205
Email:  cmwalker@swca.com
Telephone:  (503) 224-0333

The project site is located east of SW Roy Rogers Road, south of SW Scholls Ferry Road and west of SW Roshak road in Tigard, Washington County, Oregon.  The site is in Section 6 of Township 2 South, Range 1 West.  

Latitude and Longitude:  45.422724 North, 122.849206 West

Waterway:  There is one wetland in the project area, called Wetland C, totaling 7.17 acres in size and a ditched tributary to the Tualatin River, called Tributary 1.  Wetland C is located on both sides of Tributary 1 and is characterized as palustrine emergent in the north and transitions to palustrine forested to the south.  The wetland is classified as a slope wetland under the hydrogeomorphic classification system.  A swale measuring 0.02 acre in size is also located on site and acts as conveyance from two upstream water quality ponds to Tributary 1.  The wetland boundaries and ordinary high water marks (OHWM) shown on the project drawings have not yet been verified by the Corps.  If the Corps determines the boundaries of the wetland/waters are substantially inaccurate a new public notice may be published.

Project Purpose:  The purpose is to provide housing, improve transportation, and treat stormwater runoff within the Tigard River Terrace Community Plan area.   

Project Description:  The proposed project involves the total placement of 15,435 cubic yards of fill in 1.63 acres of waters of the US to construct a residential subdivision.  The project is the River Terrace East No. 2 (Landi Property) project and involves constructing 10 single-family residential lots, a neighborhood road, a north to south collector road, a water control structure, a mammal crossing, a detention pond, and a sewer line.  

Construction access would be located from River Terrace East No. 1 (a residential development located to the north) via SW Friendly Lane.  Temporary construction staging would be located east of the construction access.  

The applicant would permanently place 15,212 cubic yards of fill in 1.52 acres of Wetland C, 38 cubic yards of fill in 81 linear feet of Tributary 1, and 6 cubic yards of fill in 0.01 acre of the swale.  The sewer line would require temporary placement of 17 cubic yards of fill in 0.005 acre of Wetland C for the excavation and replacement of utility trench material.  The temporarily impacted area will be returned to pre-construction contours when the work is complete and seeded with a native grass seed mix composed of spiked bent grass (Agrostis exarata) and slender hair grass (Deschampsia elongata).  The trench would be excavated using a low ground-pressure track hoe with a narrow bucket.  

Mitigation:  The applicant proposes to avoid and minimize impacts from the project by incorporating a mammal crossing under the road to provide habitat connectivity, minimizing the number of lots within the wetland to the extent practicable, and implementing the following best management practices:

1) All exposed soils will be stabilized during and after construction to prevent erosion and sedimentation.
2) Filter bags, sediment fences, sediment traps or catch basins, leave strips or berms, or other measures will be used to prevent movement of soil into waterways and wetlands.
3) Compost berms, impervious materials, or other equally effective methods will be used to protect soil stockpiled during rain events or when the stockpile site is not moved or reshaped for more than 48 hours.
4) All construction access points through, and staging areas in, riparian and wetland areas will use removable pads or mats to prevent soil compaction.  Disturbed areas with soil exposed by construction activities must be stabilized by mulching and native vegetative plantings / seeding.  If soils remain exposed more than 7 days after completion of the work, they will be covered with erosion control pads, mats, or similar erosion control devices until vegetative stabilization is installed.  
5) Where vegetation is used for erosion control on slopes steeper than 2:1, tackified seed mulch will be used so the seed does not wash away before germination and rooting.
6) Excavated material will be placed on upland areas having stable slopes and will be prevented from eroding back into waterways and wetlands.  
7) Erosion control measures will be inspected and maintained as necessary to ensure their continued effectiveness until soils become stabilized.  

The applicant has proposed a compensatory wetland mitigation plan to offset losses of waters of the U.S. that may result from the proposed project.  Tributary 1 would be meandered through wetland C and graded to a 2 – foot wide by 1 – foot deep channel within a 13 – foot wide stream belt to reconnect the tributary with the floodplain.  In addition, the applicant would re-establish 0.25 acre of wetland, rehabilitate 0.57 acre of degraded, farmed wetland, enhance 0.50 acre of Wetland C non-farmed wetland, and enhance 4.99 acre with native vegetation.  Large wood would be placed within Tributary 1 and Wetland C to enhance hydrology, promote seasonal ponding, and improve water storage and quality.  The Corps will determine the type and amount of compensatory mitigation necessary to offset environmental losses from the proposed project.

Drawings:  Nine (9) drawings are attached and labeled Corps No. NWP-2016-127.  Copies of this public notice, which have been mailed or otherwise physically distributed, feature project drawings in black and white.  The electronic version features those drawings in color, which may be helpful in your review.  To access the electronic version of this public notice, go to the Portland District website at http://www.nwp.usace.army.mil/ and select Regulatory Branch Permit Information.  At the Regulatory page select Regulatory Public Notices.

Authority:  The proposed project will be evaluated 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.

Clean Water Act Section 404(b)(1) Guidelines:  The described discharge will be evaluated for compliance with guidelines promulgated by the U.S. Environmental Protection Agency under authority of Section 404(b)(1) of the Clean Water Act.  The 404(b)(1) Guidelines are the substantive criteria used in evaluating discharges of dredged or fill material into waters of the United States.  Should a permit be issued, the Corps will evaluate the fill material source (i.e., borrow site) prior to the start of construction.

Water Quality Certification:  Section 401 of the Clean Water Act (33 U.S.C. 1341) requires applicants to obtain a water quality certification for proposed discharges into waters of the United States.  A permit for the described work will not be issued until certification has been issued or is waived from the certifying state.  Attached is the state's notice for a water quality certification.

Endangered Species:  Section 7 of the Endangered Species Act (ESA) (16 U.S.C. 1536) requires federal agencies to consult with the National Marine Fisheries Service (NMFS) and/or U.S. Fish and Wildlife Service (USFWS) on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or that may adversely modify designated critical habitat.  The Corps’ preliminary review indicates the described activity may affect an endangered or threatened species or designated critical habitat.  The Corps will initiate consultation under Section 7 of the ESA.  The Corps will complete the required consultation prior to finalizing a permit decision.

Essential Fish Habitat:  Section 305(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) as amended (16 U.S.C 1855), requires Federal agencies to consult with the NMFS on all actions, or proposed actions, permitted, funded, or undertaken by the agency, that may adversely affect Essential Fish Habitat (EFH).  The Corps’ preliminary review indicates the described activity would adversely affect EFH at the project location or in the vicinity.  The Corps will initiate consultation under Section 305(b)(2) of the MSA.  The Corps will complete the required consultation prior to finalizing a permit decision.

Historic Properties/Cultural Resources:  Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), requires Federal agencies to consult with the appropriate State and/or Tribal Historic Preservation Officer to take into account the effects of actions they undertake or permit on historic properties listed in or eligible for listing in the National Register of Historic Places.  The Corps’ preliminary review indicates that 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 at the end of this notice to assist in a complete evaluation of potential effects.

State and Local Authorizations:  The applicant has applied for an Oregon State Removal –Fill permit under Department of State Lands number 59188-RF and has submitted a land use application to the City of Tigard under application numbers PDR 2016, 000007, SUB2016-00005, and SLR 2016-00005.  

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.

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 the proposed project.  Comments received will be considered by the Corps to determine whether to issue, modify, condition or deny a permit for this proposal.  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.

Submitting Comments:  Interested parties are invited to provide comments on the proposed project.  Comments may be submitted by conventional mail or email.  All comments received will be considered in determining whether authorizing the work would be contrary to the public interest.  

Either conventional mail or e-mail comments must include the Corps reference number as shown on page 1 and include the commenter’s name and address.  In order to be accepted, e-mail comments must originate from the author’s e-mail account and must include on the subject line of the e-mail message the Corps reference number.  All comments received will become part of the administrative record and are subject to public release under the Freedom of Information Act including any personally identifiable information such as names, phone numbers, and addresses.

Additional information about the proposed project may be obtained from the Corps Project Manager listed below.  All comments, whether by conventional mail or email, must be received no later than the expiration date of this public notice to ensure consideration.  Comments should be submitted to the following mailing address or email address: 

U.S. Army Corps of Engineers
Regulatory Branch
Mr. Michael LaDouceur 
P.O. 2946
Portland, Oregon  97208-2946
Email:  michael.a.ladouceur@usace.army.mil
Telephone:  (503) 808-4337

Oregon Department of Environmental Quality (DEQ)
Water Quality 401 Certification

Notice Issued: August 16, 2016
Written Comments Due: September 15, 2016

Corps of Engineers No: NWP-2016-127
Oregon Department of State Lands No: 59188-RF  

WHO IS THE APPLICANT:  Polygon WLH LLC, Attn:  Mr. Fred Gast

LOCATION OF CERTIFICATION ACTIVITY:  See attached U.S. Army Corps of Engineers public notice.

WHAT IS PROPOSED:  See attached U.S. Army Corps of Engineers public notice on the proposed project.

NEED FOR CERTIFICATION:  Section 401 of the Federal Clean Water Act requires applicants for Federal permits or licenses to provide the Federal agency a water quality certification from the State of Oregon if the proposed activity may result in a discharge to waters of the state.

DESCRIPTION OF DISCHARGES:  See attached U.S. Army Corps of Engineers public notice on the proposed project.

WHERE TO FIND DOCUMENTS:  Documents and materials related to water quality issues as a result of the proposal are available for examination and copying at Oregon Department of Environmental Quality, 401 Water Quality Certification Coordinator, Northwest Region, 
700 NE Multnomah Street, Suite 600, Portland, Oregon 97232.  Other project materials are available by contacting the Corps per the attached public notice.

Scheduling an appointment will ensure that water quality documents are readily accessible during your visit.  To schedule an appointment please call DEQ Water Quality at Northwest Region at (503) 229-5263.

Any questions on the water quality certification process may be addressed to the 401 Program Coordinator at (503) 229-6030 or toll free within Oregon at (800) 452-4011.  People with hearing impairments may call the Oregon Telecommunications Relay Service at 1-800-735-2900.


Public Hearing:  Oregon Administrative Rule (OAR) 340-48-0032 (2) states that “The Corps provides public notice of and opportunity to comment on the applications, including the application for certification, provided that the department (DEQ), in its discretion, may provide additional opportunity for public comment, including public hearing.” 

Written comments:
Written comments on project elements related to water quality must be received at the Oregon Department of Environmental Quality by 5 p.m. on the date specified in the upper right section on page one of this notice.  Written comments may be emailed, mailed or faxed as described below: 

Email - 401publiccomments@deq.state.or.us

Mail -  Oregon Department of Environmental Quality, Northwest Region
           700 NE Multnomah Street, Suite 600
Portland, Oregon 97232           
Attn:  401 Water Quality Certification Coordinator 

Fax - (503) 229-6957

WHAT HAPPENS NEXT:  DEQ will review and consider all comments received during the public comment period.  Following this review, certification of the proposal may be issued as proposed, issued with conditions, or denied.  You will be notified of DEQ's final decision if you submit comments during the comment period.  Otherwise, if you wish to receive notification, please call or write DEQ at the above address.

ACCESSIBILITY INFORMATION:  This publication is available in alternate format (e.g. large print, Braille) upon request.  Please contact DEQ Office of Communications and Outreach at (503) 229-5317 or toll free within Oregon at 1-800-452-4011 to request an alternate format.  People with a hearing impairment can receive help by calling the Oregon Telecommunications Relay Service at 1-800-735-2900.

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