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-2021-371

Portland District
Published June 3, 2022
Expiration date: 7/3/2022


PUBLIC NOTICE
Application for Permit

Issue Date: June 3, 2022
Expiration Date: July 3, 2022
                            U.S. Army Corps of Engineers No: NWP-2021-371

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 drawings. The Corps is soliciting comments on the proposed work.
    
Applicant:    Kajiawara Family Vineyards
                        Attention: Shaun Kajiawara
                        1045 Alexander Mountain Road
                        Geyserville, California 95441
                        Email: shaun.kajiwara@jfwmail.com
                        Telephone: (503) 83-3617

Applicant’s Agent:     Wetland Solutions Northwest 
                                        Attention: Stacy Benjamin
                                        59446 Lytle Drive
                                        Saint Helens, Oregon 97051
                                        Email: stacy@wetlandsolutionsnw.com
                                        Telephone: (503) 367-7177

Location: The project site is 3.09 acres located at 19855 NE Windy Ridge Road, in the central portion of tax lot 1700, in Newberg, Yamhill County, Oregon. The site is in Section 32, Township  2 South, Range 3 West. Latitude and Longitude: 45.35780° North, 123.08683° West

Waterway: The proposed project occurs in 0.95 acres of wetland and 400 linear feet of an intermittent Hillside Drainage Seep to Chehalem Creek.

Project Purpose: The primary purpose is to irrigate for 19.2 acres of vineyard and secondary purpose is for fire suppression in the area.

Project Description: The applicant would construct an earthen dam impoundment and reservoir that would involve the excavation and flooding of approximately 0.28 acre of wetland and 400 linear feet of an intermittent hillside seep that flows into Chehelm Creek. The flooding and excavating for the regulated activity would permanently affect 0.69 acre of wetland located immediately behind the dam and reservoir inundation area. A “seal” will line the inundation area with compacted clay in order to prevent groundwater seepage, which would remove hydraulic connectivity between the upstream wetlands and the reservoir area leading downstream. The dam embankment would measure approximately 150 feet wide and 21 feet high. The inundated area of the reservoir at normal full pool would be approximately 0.98 acres. 

The earthen dam and reservoir would be capable of storing approximately 9.0 acre-foot of water for irrigating a 19.2 acre vineyard. Approximately 2.63 acres of upland and wetlands would be disturbed for the project construction consisting of 14,110 cubic yards (cy) of removal and the discharge of 12,400 cy of fill within 0.28 acre of wetland. There is an existing sand layer that roughly follows the delineated wetland boundary and is not suitable for construction, which would require stripping topsoil and excavating the unsuitable soils for reservoir construction. The average depth of topsoil stripping would be approximately 0.75 feet within 0.28 acre of wetland. Within same 0.28 acre of wetlands approximately 10 feet of additional topsoil and sandy material would be removed for a total of approximately 3,175 cy. To construct the reservoir embankment approximately 5,050 cy of fill would be discharge into 0.08 acre of the wetland. The wetland fill area overlaps the wetland excavation area; therefore, total wetland removal/fill impact area would be 0.28 acre. 

The applicant would use the excavated material to construct the dam embankment. Topsoil would be stockpiled adjacent to the project site and reused to help establish permanent vegetation at the end of the construction process. 

The downstream work area where an existing culvert and outfall extend offsite does not need to be isolated for pipe removal. The pipe removal work would be performed during the summer when no runoff or groundwater is expected. There would be no grading below the ordinary high water mark (OHWM) elevation of 409 feet or work area isolation.

No new impervious areas, other than the earthen dam, would be constructed as part of the project. An 8-inch diameter gate valve secured onto a concrete inlet structure would be constructed as part of the dam structure and would be submerged under water. A conduit would be constructed through the dam embankment to allow the reservoir to be drained if needed. The gate valve has a gate stem extension to the top of the dam that would allow the dam operator to open and close the valve as necessary. 

Mitigation: The applicant proposes to avoid and minimize impacts from the project by implementing Best Management Practices (BMPs) such as designated constructing gravel entrances, concrete truck washout, sediment fencing, biobags, and setbacks between erosion controls and disturbance areas and would be installed prior to construction to prevent sediment runoff from leaving the project site. The applicant has provided a proposed compensatory wetland mitigation 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: Eleven (11) drawings are attached and labeled Corps No. NWP-2021-371. 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 under Regulatory Pages select Permit Application Public Notices.

Additional Information: A gravel access road along the north edge of the project area is located approximately 200 feet south of the proposed wetland areas of ground disturbance and anticipated flooding after dam installation. The project area is located in an area of sloping hillsides and valleys in a mixture of agricultural and rural residential land uses setting. The area is located at the headwaters to an unnamed tributary to Chehalem Creek, which is located approximately 1 mile southwest of the project area. Elevation of the area ranges from approximately 500 feet above sea level in the northeast portion of the site, down to approximately 400 feet above sea level in the southwest portion of the site. Vineyard planting and access road improvements occurred adjacent to the study area in the area closest to Windy Ridge Road within the last few years.

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 will not affect any endangered species or designated critical habitat. Consultation under Section 7 of the ESA is not required for the described activity. The Corps will make a final determination on the need to consult after receipt of comments from this public notice including any comments provided by the NMFS and/or USFWS.


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 that the permit area is likely to yield resources eligible for inclusion in the National Register of Historic Places. An investigation for the presence of potentially eligible historic properties is justified and would be required prior to the Corps’ final permit decision.

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 would obtain approval from Yamhill County. The applicant would apply for the following additional governmental authorizations for the project: Removal-Fill Permit from the Department of State Lands (DSL) (No. 63411-RF), DEQ 401 Water Quality Certification Program, a DEQ 1200-C permit, and an Oregon Water Resource Department dam approval. 

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
        Email: kinsey.m.friesen@usace.army.mil
        Telephone: (503) 808-4378

        
        



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


    Notice Issued: June 3, 2022
    Written Comments Due: July 3, 2022

Corps of Engineers No: NWP-2021-371
Oregon Department of State Lands No: 63411-RF    

WHO IS THE APPLICANT: Kajiawara Family Vineyards

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.” Additional Section 401 process information is available on DEQ’s webpage (https://www.oregon.gov/deq/wq/wqpermits/Pages/Section-401-Certification.aspx).

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 submitted electronically through Your DEQ Online (https://ordeq-edms-public.govonlinesaas.com/pub/login). For questions regarding account registration, system navigation, or training resources, please visit the Your DEQ Online help webpage (https://www.oregon.gov/deq/Permits/Pages/Your-DEQ-Online-Help.aspx).

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. Public records can be accessed through the Your DEQ Online public records portal webpage 
(https://ordeq-edms-public.govonlinesaas.com/pub/login).

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.