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-2020-95

Portland District
Published March 11, 2021
Expiration date: 4/9/2021

        PUBLIC NOTICE
        Application for Permit

Issue Date: March 10, 2021
Expiration Date: April 9, 2021
US Army Corps of Engineers No: NWP-2020-95
                                Oregon Department of State Lands No: 62487-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:    Specht Woodburn LLC
                        Attention: Gregory Specht
                        10260 SW Greenburg Road, Suite 170
                        Portland Oregon 97223
                        E-mail: gspecht@spechtprop.com
                        Telephone: (503) 646-2202

Applicant’s Agent:     John Van Staveren
                                       Attention: Pacific Habitat Service, Inc. 
                                       9450 SW Commercial Circle, Suite 180
                                       Wilsonville, Oregon 97070
                                       E-mail: jvs@pacifichabitat.com
                                       Telephone: (503) 570-0800

Location: The project site is 108 acres in size, located at the southeast corner of Highway 219 and NE Butteville Road, tax lots 400, 500, 600, 2400, and 2500, in Woodburn, Marion County, Oregon. The site is in Section 11 & 14, Township 5 South, Range 2 West.  Latitude and Longitude: 45.143424 North, 122.894910 West

Waterway: The project area contains approximately 3.65 acres of Wetland A, approximately 1,030 linear feet of Senecal Creek, and approximately 1,029 linear feet of wetland roadside ditch. Senecal Creek is a perennial creek that flows north through the northwest corner of the project area and drains to Mill Creek, approximately 10 miles downstream. Senecal Creek flows onto the site beneath the NE Butteville Road Bridge and exits the site beneath the Highway 219 Bridge. The creek is shallow, channelized, and the banks are stable with silt and sand. The wetland boundaries and/or 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 and waters are substantially inaccurate a new public notice may be published.

Project Purpose: The applicant’s stated purpose is to construct an industrial facility.

Project Description: The I-5 Logistics Center in Woodburn would permanently fill a total of 0.63 acre and grade within 0.19 acre of Wetland A and the wetland roadside ditch for NE Butteville Road widening, Senecal Creek relocation, and Woodland Avenue construction. The work would permanently place 305 cubic yards of fill material into 1,029 linear feet of the wetland roadside ditch, resulting in a total of 0.05 acre of permanent wetland fill for Butteville Road widening. The I-5 Logistics Center proposal would permanently place 325 cubic yards of fill material into 276 linear feet of Senecal Creek, resulting in a total of 0.15 acre of permanent stream fill for Butteville Road widening. The Senecal Creek and the wetland roadside ditch would each be isolated with approximately 11 cubic yards of sandbags upstream and downstream of the work area resulting in 0.002 acre of temporary fill at each waterway.

The NE Butteville Road bridge would extend over the new Senecal Creek channel, resulting in the permanent placement of 1,715 cubic yards of fill into 0.4 acre of Wetland A for the Butteville Road widening. The work would permanently place 507 cubic yards of fill into 0.17 acre of Wetland A for the Woodlawn Avenue widening. The work would involve the permanent excavation of 585 cubic yards of native soil from Wetland A to relocate approximately 293 linear feet of Senecal Creek. The stream relocation would result in a total of 0.19 acre of habitat conversion from wetland to stream. Approximately 0.01 acre of new Senecal Creek channel would be armored with approximately 35 cubic yards of riprap and planted with willows and red osier dogwood in order to prevent a curved alignment from migrating further into Wetland A after establishment. 

The new channel would be constructed using an excavator and would match the existing creek grades and bank shape.  Flows would be diverted by pipe around the work area during construction.  Access to the site would be from Woodland Avenue.  Staging would be north of the construction entrance. 

Mitigation: The applicant proposes to avoid and minimize impacts from the project by implementing a sediment and erosion control plan, work area isolation, flow diversion, and construction during the Oregon Department of Fish and Wildlife (ODFW) in-water work window of June 1 to September 30. The construction entrance would be constructed before construction begins and would be maintained throughout construction. Other minimization measures include tire washes, street sweeping, and vacuuming to ensure work areas stay clean. 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 0.63 credit from the Garrett Mitigation Bank to offset losses to wetlands. The Corps will determine the type and amount of compensatory mitigation necessary to offset environmental losses from the proposed project.

Drawings:  Thirteen (13) drawings are attached and labeled Corps No.: NWP-2020-95.  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 parcel is adjacent to State Highway 219 and NE Butteville Road in Woodburn, Oregon. Senecal Creek is located in the northwestern portion of the site and is approximately 0.41 acre within the study area. Senecal Creek enters the site beneath the NE Butteville Road bridge and flows north. Senecal Creek exits the site beneath the Highway 219, bisecting Wetland A. The creek is shallow and channelized. The channel substrate consists of silt and sand.

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 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: A historic properties investigation has been conducted within the permit area.  One site which has been determined eligible for or listed on the National Register of Historic Places was found to exist within the permit area.  This site has been recorded and incorporated into the applicant design and will be avoided by all activities associated with this project.

This notice has been provided to the Oregon State Historic Preservation Office, interested Native American 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 will be applying for a 1200-C permit with Oregon Department of Environmental Quality (DEQ) and a land use application with the City of Woodburn.

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; Native American 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
        E-mail:  kinsey.m.friesen@usace.army.mil
        Telephone: (503) 808-4378

        



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


    Notice Issued: March 10, 2021
    Written Comments Due: April 9, 2021

Corps of Engineers No: NWP-2020-95
Oregon Department of State Lands No: 62487-RF    

WHO IS THE APPLICANT:  Specht Woodburn LLC

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.