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-2020-473

Portland District
Published Jan. 25, 2021
Expiration date: 2/20/2021

PUBLIC NOTICE
Application for Permit

Issue Date: January 21, 2021
Expiration Date: February 20, 2021
US Army Corps of Engineers No: NWP-2020-473
Oregon Department of State Lands No: 63008-RF

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: Wilco Farmers, Inc.
Attention: Jeff Piccolo
P.O. Box 258
Mt. Angel, Oregon 97362
Email: jeff@pointresourcesllc.com
Telephone: (253) 209-8596

Applicant’s Agent: Terra Science, Inc. 
Attention: Jason Clinch
4710 SW Kelly Ave., Suite 100
Portland, OR 97239
Email: jason@terrascience.com
Telephone: (503) 274-2100

Location: The project site is located at West 11th Avenue and Willow Creek Road, in Eugene, Lane County, Oregon. The site is in Section 33, Township 17 South, Range 04 West. Latitude and Longitude: 44.0472° North, -123.1805° West.

Waterway: Wetlands A, B and C total 3.83 acres in size and have been delineated at the project area by the applicant. The wetland boundaries 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 construct a commercial retail farm and garden supply store in the vicinity of the City of Eugene, Oregon to meet the increased demand for farm and garden supplies and/or services in the Eugene metro area.

Project Description: The proposed project is the construction of a commercial retail farm and garden supply store. The applicant would permanently discharge up to 8,150 cubic yards (cy) of earthen and structural fill material within 1.40 acres of Wetlands A, B and C to bring the ground surface within the project area to construction grade elevations and to construct the streets, sidewalks, stormwater infrastructure and utilities for the project. Wetlands which would be impacted by the project generally occur in the northern portion of the site but also include wetlands along West 11th Avenue and the east side of the project area. These wetlands are proposed to be affected for street ingress/egress, indoor and outdoor retail space, parking, and utility infrastructure. Permanent impacts to Wetlands A, B, and C would include removal of approximately 8,150 cy of soil and organic material from the same area of wetlands as the discharge. 

The applicant would first strip the impact area of vegetation and unsuitable material, cutting into subsoil as necessary, then backfilling with suitable base material (for retail space footprint) and/or placing crushed aggregate/structural rock in areas used for streets, parking, or sidewalks and then finishing with pavement or concrete where necessary. The applicant would use excavated soil and organic material on-site to the maximum extent practicable and would dispose of any excess soils and vegetation at an off-site, upland location. Imported crushed aggregate/structural rock would be imported from a local aggregate operation.

Mitigation: The applicant proposes to avoid and minimize impacts from the project by implementing a sediment and erosion control plan and by avoiding a portion of the on-site wetlands. The applicant would place sediment fencing at the limits of areas of ground disturbance prior to construction to minimize the potential of sediment migrating off-site during construction. During construction, the applicant would restrict heavy equipment ground disturbance and compaction to within the work area, thus reducing potential sediment delivery to the storm drain system. The applicant would utilize best management practices during construction such as sediment fencing, geo-textile fabric, and/or hay bales as needed to further minimize sediment delivery to the storm drain system. 

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 1.40 acres of compensatory mitigation wetland credits from an accredited and approved mitigation bank that services the project site location. The applicant would purchase the wetland mitigation bank credits from either the Mary’s River Mitigation Bank or Evergreen Wetland Mitigation Bank. 

Drawings: Nine (9) drawings are attached and labeled Corps No. NWP-2020-473. 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.

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 (soil, crushed aggregate/structural rock) would be imported from a local aggregate operation. 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 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 (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 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 or will be applying for the following additional governmental authorizations for the project:

•Section 401 Water Quality Certification;
•Oregon Department of Environmental Quality (DEQ);1200-C Permit;
•Removal/Fill permit; Oregon Department of State Lands; 
•City of Eugene Development Permit;
•City of Eugene Floodplain Development Permit.

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
Danny Griffith 
Eugene Field Office
211 E. 7th Avenue, Suite 105
Eugene, Oregon 97401-2763
Email: daniel.c.griffith@usace.army.mil
Telephone: (541) 465-6878

 

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

Notice Issued: January 21, 2021
Written Comments Due: February 20, 2021

Corps of Engineers No: NWP-2020-473
Oregon Department of State Lands No: 63008-RF

WHO IS THE APPLICANT: 
Wilco Farmers, Inc.
Attention: Jeff Piccolo
P.O. Box 258
Mt. Angel, Oregon 97362
Email: jeff@pointresourcesllc.com
Telephone: (253) 209-8596

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.