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.

Visit our News & Updates webpage for the latest Regulatory Program information.

NWP-2020-208-1

Portland District
Published Oct. 6, 2021
Expiration date: 11/5/2021

PUBLIC NOTICE
Application for Permit

Issue Date: October 6, 2021
Expiration Date: November 5, 2021
US Army Corps of Engineers No: NWP-2020-208-1
                        Oregon Department of State Lands No: APP0062666

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: Joe Younkins
                          1400 Southwest Walnut Street, MS 18
                          Hillsboro, Oregon 97123
                          Email: joe.younkins@co.washington.or.us
                          Telephone: (503) 846-7829

Applicant’s Agent:     David Evans and Associates, Inc.
                                        Attention: John Macklin
                                        2100 SW River Parkway, #100
                                        Portland, Oregon 97201
                                        Email: jdm@deainc.com
                                        Telephone: (503) 425-9946

Location: The project site is located at Southwest (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. The project site begins at latitude and longitude 45.378204° North, -122.779805° West and ends at latitude and longitude 45.367831° North, -122.833203 West°.

Waterway: The project site includes Rock Creek, Stream A, Wetland A and Wetland B. The location of the ordinary high water mark (OHWM) of Rock Creek has not yet been verified by the Corps. If the Corps determines the boundaries of Rock Creek are substantially inaccurate a new public notice may be published. The Corps has verified the delineations of Stream A, Wetland A, Wetland B and determined they are waters of the U.S. In addition, the Corps has verified the delineations of eighteen man-made ditches, ponds and swales within the project site and determined they are not waters of the U.S. 

Project Purpose: The applicant’s stated purpose is to alleviate traffic and make improvements along the roadway corridor by incorporating bus pull-outs, turn lanes, and multiple-use pathways.

Project Description: The proposed project is the SW Tualatin-Sherwood Road Improvements Project. The applicant would permanently discharge of up to 1,283 cubic yards (cy) of fill within 0.55 acre of wetlands and up to 85 cy of fill below the OHWM of 0.017 acre of waters to construct the project. Up to 1,240 cy of fill would be discharged in 0.53 acre of Wetland A to construct a stormwater quality pond. Up to 43 cy of fill would be discharged in 0.02 acre of Wetland B to construct a multi-use pathway. Up to 69 cy of fill would be discharged in 0.012 acre of Stream A to construct a multi-use pathway and permanently divert stream flow to the south side of Tualatin-Sherwood Road and into the stormwater collection and management system. 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. In addition, the applicant would temporarily discharge up to 16 cy of sandbags below the OHWM of Rock Creek within a 0.005 acre area to construct a temporary cofferdam to dewater the area during installation of a stormwater outfall. 

The project corridor is approximately 2.9 miles in length. The project would widen the segment of SW 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 roadway 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 biofiltration ponds for water quality treatment. The water quality treatment is proposed to treat 100% of the total 46.64 acres of contributing impervious area. 

Mitigation: The applicant proposes to avoid and minimize impacts to water quality and aquatic species from the project by incorporating standard best management practices (BMPs), marking waters and wetlands prior to construction, and using stream diversion piping. The applicant would lay geotextile fabric 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 1.818 palustrine emergent and palustrine scrub-shrub wetland credits from the Butler Mitigation Bank and 0.046 stream 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-2020-208-1. 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 applicant would coordinate project activities with the Willamette Water Supply Program’s (WWSP) proposed 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 and will be constructing a 66-inch drinking water pipeline in conjunction with the proposed 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 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 an 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.

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

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
        Mr. Tyler Krug 
        North Bend Field Office
        2201 Broadway Ave., Suite C
        North Bend, Oregon  97459-2372
        Email: Tyler.J.Krug@usace.army.mil
        Telephone: (541) 756-2097


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


    Notice Issued: October 6, 2021
    Written Comments Due: November 5, 2021

Corps of Engineers No: NWP-2020-208-1
Oregon Department of State Lands No: APP0062666    

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.