Application for Permit
Issue Date: June 9, 2022
Expiration Date: July 9, 2022
U.S. Army Corps of Engineers No: NWP-2022-167
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: City of Tigard
Attention: Andrew Newbury
13125 SW Hall Boulevard
Tigard, OR 97233
Applicant’s Agent: AKS Engineering & Forestry, LLC
Attention: Stacey Reed
12965 SW Herman Road, Suite 100
Tualatin, OR 97062
Location: The project site is located at SW Greenfield Drive and SE Benchview Terrace, in Tigard, Washington County, Oregon. The site is in Section 4, Township 2 South, Range 1 West. Latitude and Longitude: 45.423314 North, 122.810400 West.
Waterway: The project is located within Kruger Creek, an intermittent tributary, and one palustrine emergent wetland. The wetland boundaries and 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/waters are substantially inaccurate a new public notice may be published.
Project Purpose: The applicant’s stated purpose is bank stabilization and enhancement within Kruger Creek.
Project Description: The proposed work consists of enhancements to Kruger Creek, bank stabilization at 6 locations, installation of a new stormwater pipe and outfall, and replacement of two culverts. The enhancement work would consist of installation of 63 large wood structures, 4 beaver dam analogs, and stream alluvium within Kruger Creek and riparian enhancements consisting of invasive removal and dense planting of native trees and shrubs in the adjacent uplands. Culvert repairs would consist of in-kind replacement of one existing failing culvert, slip lining another existing culvert and adding additional riprap on the upstream and downstream extents within Kruger Creek, and placement of riprap at an existing outfall in Kruger Creek. The new stormwater pipe would be constructed in the uplands and include a flow splitter intake structure with rip rap on the upstream extent within Kruger Creek, and an outfall with riprap in the intermittent channel. Bank stabilization would occur at 6 sites and would consists of: In kind replacement of an existing 110 linear foot gabion basket wall, placement of angular streambed material and stream cobbles at scarp sites 2, 3, 4, and 8, and construction of rock buttresses and minor realignment of Kruger Creek at Rankin House and scarp 7.
The proposed work would require permanent placement of 1,009 cubic yards of fill within 13,200 square feet of Kruger Creek below the ordinary high water mark (OHWM), 21 cubic yards of fill within 583 square feet of an intermittent channel below the OHWM, and 15 cubic yards within 187 square feet of an emergent wetland (Wetland C). The proposed work would also require temporary placement of 2 cubic yards within 48 square feet of Kruger Creek below the OHWM. The project would result in an overall increase in the surface area of Kruger creek from 0.45 acre to 0.48 acre by restoring entrenched reaches of the creek and an overall decrease in the total length from 3,032 linear feet to 3,015 linear feet through installation of bank stabilization. Detailed proposed impacts are listed below.
Activity Location Fill Material Area (square feet) and length (linear feet) Volume (cubic yards) and duration
Flow-Splitter Man-hole intake Upstream Kruger Creek (Figure 5b) Class 100 riprap, metal 43 square feet; 10 linear feet 16 cubic yards; permanent
Scarp 11 Structural Streambed Stabilization Upstream Kruger Creek
(Figure 5b) Stone embankment and stream cobble 995 square feet; 200 linear feet 48 cubic yards; permanent
Scarp 2 Structural Streambed Stabilization Upstream Kruger Creek, near gabion Wall (Figures 5b and 5c) Stone and class 100 riprap 1605 square feet; 235 linear feet 37 cubic yards; permanent
Scarp 3 Structural Streambed Stabilization Upstream Kruger Creek (Figure 5c) Stone embankment and streambed cobble 805 square feet; 150 linear feet 35 cubic yards; permanent
Scarp 4 & 5 Streambed Stabilization Upstream Kruger Creek (Figure 5d) Stone embankment and streambed cobble 1936 square feet; 275 linear feet 30 cubic yards; permanent
SW Greenfield Drive Culvert Riprap Kruger Creek (Figure 5d and 5e) Class 100 riprap 153 square feet; 23 linear feet 17 cubic yards; permanent
Stormwater Overflow Discharge Dissipation Intermittent Water 1 (Figure 5d) Class 200 riprap, stone embankment, and stream cobble 583 square feet; 174 linear feet 48 cubic yards; permanent
Ditch Inlet and Stormwater Swale Outfall Kruger Creek (Figure 5e) Class 100 riprap 111 square feet; 15 linear feet 10 cubic yards; permanent
Rock Buttress at Rankin House Downstream Kruger Creel (Figure 5e) Class 100 riprap, stone embankment, stream cobbles 1495 square feet; 2958 linear feet 130 cubic yards; permanent
Rock Buttress at Scarp 7 Downstream Kruger Creek (Figure 5f) Class 100 riprap, stone embankment, and stream cobbles 2415 square feet; 303 linear feet 225 cubic yards; permanent
Scarp 8 Structural Streambed Stabilization Downstream Kruger Creek (Figure 5f) Stone embankment and stream cobbles 1042 square feet; 150 linear feet 49 cubic yards; permanent
Structural Streambed Stabilization Wetland C (Figure 5f) Stone embankment and stream cobbles 187 square feet 15 cubic yards; permanent
Streambed Enhancement Kruger Creek (Figures 5b-5f) Quarry spalls 1100 square feet; 125 linear feet 262 cubic yards; permanent
Stream Enhancement Kruger Creek (Figures 5b-5f) Wood structures 1500 square feet; 190 linear feet 150 cubic yards; permanent
Sandbag Dams (3 total) Kruger Creek Sandbags 48 square feet; 10 linear feet 2 cubic yards; temporary
Dredged Material Testing: The proposed dredged material will be 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 will determine if sediment testing is required for this project. Project sediments may require physical, chemical, and/or biological testing to support the permit application evaluation. The PSET will evaluate the applicant’s sediment testing results and determine if project sediments are suitable for unconfined, aquatic disposal and exposure.
Mitigation: The applicant proposes to avoid and minimize impacts from the project by accessing the site using an existing gravel road and staging equipment in the uplands. The applicant will also implement erosion and sediment control measures before ground disturbing activities occur. The applicant has provided a proposed compensatory mitigation plan to offset losses of waters of the U.S. that may result from the proposed project. Proposed impacts to Kruger Creek would be offset through stream enhancements and riparian planting. The proposed impacts to Wetland C would be offset through purchase of legacy wetland credits from Tualatin Valley Environmental Mitigation Bank.
Drawings: Eleven (11) drawings are attached and labeled Corps No. NWP-2022-167. 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.
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. The state’s notice for a water quality certification is attached.
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 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.
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 has applied for a Removal-Fill Permit from the Department of State Lands (DSL) (DLS No. APP0063768).
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
P.O. Box 2946
Portland, Oregon 97208-2946
Oregon Department of Environmental Quality (DEQ)
Water Quality 401 Certification
Notice Issued: June 9, 2022
Written Comments Due: July 9, 2022
Corps of Engineers No: NWP-2022-167
Oregon Department of State Lands No: APP0063768
WHO IS THE APPLICANT: City of Tigard
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.” 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 11:59 p.m. on the date specified in the upper right section on page one of this notice. Comments may be submitted electronically or through standard mail.
Electronic – Written comments may be submitted electronically through Your DEQ Online (https://ydo.oregon.gov/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).
Mail – Oregon Department of Environmental Quality, Northwest Region
700 NE Multnomah Street, Suite #600
Portland, Oregon 97232
Attn: 401 Water Quality Certification 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. Public records can be accessed through the Your DEQ Online public records portal webpage
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 firstname.lastname@example.org.