Permit Application Public Notices

The United States Congress authorizes the U.S. Army Corps of Engineers to regulate activities that may impact wetlands and waters of the United States. This authority is granted and defined under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Federal Water Pollution Control Act Amendments of 1972, also known as the Clean Water Act.

Public involvement is a key element of the Corps’ permit review process. During an application review, the Corps considers the views of other federal, state and local agencies, Native American tribes, interest groups, and the general public. The results of this careful public interest review are fair and equitable decisions that allow reasonable use of private property, infrastructure development, and growth of the economy, while offsetting the authorized impacts to the waters of the United States.

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NWP-2020-208

Published July 23, 2020
Expiration date: 8/17/2020

PUBLIC NOTICE
Application for Permit

Issue Date: July 17, 2020
Expiration Date: August 17, 2020
US Army Corps of Engineers No: NWP-2020-208
Oregon Department of State Lands No: 62666

30-Day Notice

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: Washington County 
Land Use and Transportation
Attention: Matt Meier
155 N. First Avenue, MS 13
Hillsboro, Oregon 97124
Email: matt_meier@co.washington.or.us
Telephone: (503) 846-7800

Applicant’s Agent: David Evans and Associates, Inc.
Attention: Tony Vingiello
2100 SW River Parkway, 5th floor
Portland, Oregon 97201
Email: tjvi@deainc.com
Telephone: (503) 499-0392

Location: The project site is located at SW Tualatin-Sherwood Road between SW Teton Avenue and SW Olds Place in Tualatin and Sherwood, Washington County, Oregon. The site is in Sections 22, 23, 26, 27, and 28, Township 2 South, Range 1 West. Latitude and Longitude: Begin 45.378204 North, 122.779805 West; End 45.367831 North, 122.833203 West

Waterway: The project site includes Stream A, Stream B, Wetland A, Wetland B, Ditch D-1, Ditch D-2, Ditch D-3, Ditch D-4, Ditch D-5, Ditch D-6, Ditch D-2-1, Ditch D-2-3, Ditch D-2-4, Ditch D-2-5, Ditch D-2-6a, Water Quality (WQ) Swale A, and Swale B. The wetland boundaries and location of the ordinary high water mark 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 applicant’s stated purpose is to alleviate traffic and make improvements along the corridor by incorporating bus pull-outs, turn lanes, and multiple-use paths.
Project Description: The proposed project is the SW Tualatin-Sherwood Road Improvements Project. The project includes the discharge of up to 1,816 cubic yards of fill over 0.35 acre of wetlands and 1,661 cubic yards below the ordinary high water mark of 0.30 acre of waters. The project corridor is approximately 2.9 miles in length. The project would widen the segment of Tualatin-Sherwood Road from three to five lanes (two travel lanes in each direction and a center turn lane) with multi-use path accommodations and bus pull-outs. The typical section would include two 12-foot wide multi-use paths, two 4.5-foot curb and planter strips, two 14-foot wide outside travel lanes, two 11-foot inside travel lanes, and a 13-foot wide median. Additional turn lanes would be included at several intersections. Work within active channels would be completed during the July 15 through September 30 in-water work period.

The project would install a new stormwater system along the length of the corridor and add three water quality ponds for treatment and detention. The water quality treatment is proposed to treat 100% of the contributing impervious area. The project would add a net increase of 18.65 acres to the on-site contributing impervious surface. The proposed contributing impervious area is 46.66 acres. The proposed water quality facilities are three biofiltration ponds that would treat the entire 44.90 acres of the contributing impervious area, and the remaining area would be treated in an existing pond. 

Due to the widening of the roadway, the project would result in the placement of permanent fill in Wetland A, Wetland B, Stream A, WQ Swale A, Swale B, and several roadside ditches. The fill material would be primarily topsoil and include portions of aggregate base, asphalt, and concrete for the construction of multi-use paths or concrete sidewalks. WQ Swale A would be filled entirely to accommodate the widening and multi-use path on the north side. Its inlet and outlet would be filled and no longer functional. A stormwater quality pond (Proposed Water Quality Pond 1) would be installed south of SW Tualatin-Sherwood Road, east of Rock Creek, impacting Wetland A. The second stormwater pond would be installed west of Stream B. This pond would discharge to Stream B but would not require any removal or fill activities. The third stormwater pond would also not require any removal or fill activities. Stream A would be piped into an inlet 24 feet south from the existing south culvert inlet. The proposed ditch inlet would flow into the storm system to receive treatment prior to discharging into Hedges Creek. 

Mitigation: The applicant proposes to avoid and minimize impacts from the project by incorporating standard best management practices (BMPs), marking waters and wetlands prior to construction, and using stream diversion piping. Geotextile fabric would be laid under crushed rock at wetland and stream crossings to limit impacts from construction vehicle movement and would be removed when construction is completed. Standard BMPs to prevent erosion and runoff into the wetlands and waters include, but are not limited to, silt fencing, compost socks, straw wattles, stockpile cover, and slope erosion control. The applicant proposes to purchase 0.97 palustrine emergent wetland credits from the Tualatin Valley Environmental Mitigation Bank or Butler Mitigation Bank and 0.30 riverine waters credits from the Half Mile Lane In-Lieu Fee program to offset losses of waters of the U.S. that may result from the proposed project. The Corps will determine the type and amount of compensatory mitigation necessary to offset environmental losses from the proposed project.

Drawings: Fourteen (14) drawings are attached and labeled Corps No. NWP-2020-208. 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 we think more accurately illustrates the proposed project. To access the electronic version of this public notice, go to the Portland District Regulatory website at http://www.nwp.usace.army.mil/Missions/Regulatory and select Regulatory Public Notices from the list of Regulatory pages.

Additional Information: The project would coordinate with the Willamette Water Supply Program (WWSP) pipeline installation to facilitate construction timelines and cooperatively manage the overlapping project areas. The WWSP is a partnership between Tualatin Valley Water District and the City of Hillsboro to build an additional regional water supply system in Washington County (Corps # NWP-2015-41) and will be constructing a 66-inch drinking water pipeline in conjunction with the roadway improvements. 

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. The source of the fill material would be sourced by the contractor from Washington County approved sites that meet the material specifications of the project.

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 has initiated 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 has initiated 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 (54 U.S.C. 306108), 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 a historic properties investigation has been conducted and another is currently being completed within the permit area. Currently, 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 at the end of this notice to assist in a complete evaluation of potential effects.

State and Local Authorizations: The applicant has applied for 401 Water Quality Certification from the Department of Environmental Quality (DEQ) and a Removal-Fill permit from the Department of State Lands. The applicant will be applying for the following additional governmental authorizations for the project: 1200-C General Construction Stormwater Permit from the DEQ and a Service Provider Letter from Clean Water Services.

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 proposal 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 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.

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
Ms. Carrie Bond 
P.O. Box 2946
Portland, Oregon 97208-2946
Email: Carrie.L.Bond@usace.army.mil
Telephone: (503) 808-4387

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

Notice Issued: July 17, 2020
Written Comments Due: August 17, 2020

Corps of Engineers No: NWP-2020-208
Oregon Department of State Lands No: 62666

WHO IS THE APPLICANT: Washington County Land Use and Transportation

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 Permit 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) 229-5623.

Any questions on the water quality certification process may be addressed to the 401 Permit Coordinator at (503) 229-5623 or toll free within Oregon at (800) 452-4011. People with hearing impairments may call the Oregon Telecommunications Relay Service at (800) 735-2900.

PUBLIC PARTICIPATION:
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 or mailed 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 Permit Coordinator 

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: DEQ can provide documents in an alternate format or in a language other than English upon request. Call DEQ at (800) 452-4011 or email deqinfo@deq.state.or.us