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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Published Nov. 6, 2020
Expiration date: 12/5/2020

        Application for Permit

Issue Date: November 5, 2020
Expiration Date: December 5, 2020
US Army Corps of Engineers No: NWP-2020-218
30-Day Notice                           Oregon Department of State Lands No: APP0062908 

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:    City of Carlton
        Attention: Bryan Burnham 
        191 East Main Street 
        Carlton, Oregon 97111
        Telephone: (503) 852-7575

Applicant’s Agent:     Tetra Tech 
        Attention: David Munro
        1750 South Harbor Way, Suite 400
        Portland, Oregon 97201
        Telephone: (503) 358-3021

Location:  The project site is at the Carlton Reservoir, located approximately 1 mile from the City of Carlton water treatment plant off a gravel access drive to Panther Creek Road, post sign address 21515, Tax Lots R3518 00400 and 00500, near Carlton, Yamhill County, Oregon.  The site is in Section 18, Township 3 South, Range 5 West.  Dredge Latitude and Longitude:  45.30468 North, 123.35167 West. Disposal Latitude and Longitude: 45.305540 North, 123.350442 West.

Waterway:  The project is located within the Carlton Reservoir and adjacent Wetlands A, B, C, and D.  The wetland boundaries and 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 remove accumulated sediment from the Carlton Reservoir, the City of Carlton’s water supply. 

Project Description:  The City of Carlton proposes to remove 13,300 cubic yards of accumulated sediments from 0.29 acres of Wetland A and below the ordinary high water mark (OHWM) of 1.99 acres of Carlton Reservoir.  After dredging, a submerged earthen berm would be constructed within approximately 0.05 acre of Wetland A to create a forebay for future sediment collection.  The forebay area would be located within the proposed Wetland A excavation area.  Wetland A is located at the upstream, west end of the reservoir where the forebay would be located to capture incoming sediment for periodic maintenance dredging.  Access for launching the dredge equipment would temporarily disturb 0.008 acre of Wetland D on the east fringe of the reservoir.

The applicant would temporarily install approximately 12 cubic yards of geotextile mats and high-density polyethylene (HDPE) track mats or 1-foot thick logs within Wetland D for equipment access.  A hydraulic suction dredge would be used to remove 13,300 cubic yards of sediment from the Carlton Reservoir and Wetland A.  The dredge prism would extend from the west end of the reservoir into the center, where finer silts have accumulated.  The dredge slurry would discharge through a 10- to 12-inch high-density polyethylene (HDPE) pipe to an adjacent upland hillside located northeast of the reservoir.  The slurry would filter through a series of temporary, constructed, above-ground dewatering basins separated by weir structures for sediment settling and dewatering.  Waters would be filtered through a sock filter by gravity pipe or pump system after filtering through the sediment basins and prior to returning to the reservoir. Sediment would be removed from the dewater basin and stockpiled to further dry.  After drying, the material would be relocated by truck and graded across the disposal area, no more than 0.5 feet higher than pre-construction grade.  Stockpiled and graded soils would be stabilized by seeding and erosion controls.  The final disposal area footprint and the erosion and sediment control plan would be completed after a logging operation has concluded and the upland hillside areas are stabilized. The logging activities would occur prior to any disposal activities in early 2021 and apart from this proposed project.  Sediments would only be placed in areas with slopes less than or equal to 15 percent and greater than 150 feet from any drainage or aquatic resource to include wetlands.

Approximately 114 cubic yards of clean soils and washed aggregate would be used to construct a submerged earthen berm at the upstream, west end of the reservoir.  The berm would be created to act as a forebay area, capturing incoming sediment, nutrients, and organic materials from Panther Creek, and to prevent another delta from forming within the reservoir. 

The applicant expects sediment removal within the forebay area would need to occur once every few years.  Approximately 100 cubic yards of accumulated sediments would be removed from the forebay area bi-annually between July 15 and 30 September until the authorization expires.  The reoccurring maintenance would be performed using a small, mobile hand suction dredge device. During maintenance activities, dredged sediments would be dewatered at an upland location in geotextile dewatering bags and trucked off-site for disposal.  To conduct the maintenance of the forebay area, permanent 4- to 6-inch, fixed piping along the northern bank of the Reservoir, above OHWM for periodic connection to a small, mobile hand suction dredge device would be installed requiring fish passage approval with Oregon Department of Fish and Wildlife (ODFW).

All dredging equipment, materials, and the support crane would be trucked to the existing logging roads and decks above the reservoir where heavy lift Chinook helicopters would fly in the excavator, hydraulic dredge equipment, modular barges, and the support crane to the reservoir.  The aerial delivery is necessary due to the poor condition and narrow width of the gravel access road from the City’s water treatment plant and lack of an area for tractors trailer turnarounds.  Construction equipment in uplands would include excavators, bulldozers, front-end loaders, and dump trucks.

Dredged Material Testing:  Project sediments were evaluated in accordance with the Sediment Evaluation Framework for the Pacific Northwest (SEF).  The interagency Portland Sediment Evaluation Team (PSET) implements the SEF for the Corps Portland District.  The PSET determines the need for sediment testing based on the physical properties of dredged material, historical sediment quality data from the project and adjacent areas, current and historical land uses in and adjacent to the project area, and proximity of the project area to contaminant sources.  The PSET has determined that no further testing or evaluation of the project sediments is necessary and that the project sediments are suitable for unconfined, aquatic disposal and exposure. 

Mitigation:  The applicant proposes to avoid and minimize impacts from the project by placing geotextile mats and high-density polyethylene (HDPE) track mats or log mats for temporary access, installing erosion control fencing around avoided wetlands, helicoptering in equipment to avoid access improvements that would further effect wetlands, and conducting in-water work during the Oregon Department of Fish and Wildlife in-water work window from July 15 through September 30.  Other erosion and sediment control best management practices (BMPs), such as straw mulch, biodegradable straw wattles, and erosion control fabrics would be included in the erosion and sediment control plan to prevent sediment migration from the upland locations.  All hydraulic equipment operating in and over waters or wetlands would utilize biodegradable hydraulic fluids.  All heavy equipment would be properly maintained and a Spill Prevention, Control, and Countermeasures Plan would be prepared and implemented during the dredging and upland placement operations.  Employees would be trained and care taken to prevent any petroleum products, chemicals, or other hazardous substances from entering the water. 

The applicant has provided a proposed compensatory wetland mitigation plan to offset losses of waters of the U.S. that may result from the proposed project.  The applicant proposes to purchase credits at Mud Slough Mitigation Bank.  The Corps will determine the type and amount of compensatory mitigation necessary to offset environmental losses from the proposed project.

Drawings:  Ten (10) drawings are attached and labeled Corps No. NWP-2020-218. 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 and select Regulatory Public Notices from the list of Regulatory pages.

Additional Information:  The Carlton Reservoir is located within the 100-year floodplain, Zone A, without baseflow elevation.  The Carlton Reservoir is a freshwater riverine permanently flooded and impounded unconsolidated bottom palustrine wetland impounding flows from Panther Creek for public water supply and use.  The reservoir encompasses approximately 3.1 acres of Panther Creek valley.  The Carlton Reservoir water surface elevation is relatively static, varying about two feet dependent on operations and storage.  The OHWM for the reservoir was observed using field indicators including bank scour, vegetation changes, and high water marks at the dam spillway structure.  Vegetation surrounding the Reservoir not classified as emergent wetlands is mostly mixed upland coniferous forest serving some riparian functions such as shade and allochthonous inputs.

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 Corps will evaluate the fill material source (i.e., borrow site) prior to finalizing a permit decision.

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 not adversely affect EFH at the project location or in its vicinity.  The Corps will make a final determination on the need to consult on EFH after receipt of comments from this public notice including any comments provided by the NMFS.

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 within the permit area.  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 secured grand funds from the Oregon Water Resources Department (OWRD) Water Supply Development Account and obtained a development permit from Yamhill County, FP-01-2020. The applicant will obtain a 1200-C permit and a 401 water quality certification (WQC) from the Oregon Department of Environmental Quality (DEQ), and a removal/fill permit from the Oregon Department of State Lands (DSL).

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
        Kinsey M. Friesen
        P.O. Box 2946
        Portland, Oregon 97208-2946
        Telephone: (503) 808-4378


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

    Notice Issued: November 5, 2020
    Written Comments Due: December 5, 2020

Corps of Engineers No: NWP-2020-218 
Oregon Department of State Lands No: APP0062908    

WHO IS THE APPLICANT:  City of Carlton

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 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 -

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