Application for Permit
Issue Date: August 23, 2022
Expiration Date: September 22, 2022
U.S. Army Corps of Engineers No: NWP-2007-1026/2
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: Hayden Homes LLC
Attention: Joe Sturtevant
2464 SW Glacier Place, Suite 110
Redmond, Oregon 97756
Telephone: (559) 892-7129
Applicant’s Agent: Geo Resources LLC
Attention: Allen Martin
P.O. Box 71852
Springfield, Oregon 97475
Telephone: (541) 946-1013
Location: The project site is in wetlands located at 5771 Royal Avenue, in Eugene, Lane County, Oregon. The site is in Section 20, Township 17 South, Range 04 West. Latitude and Longitude: 44.072056° North, 123.200559° West
Waterway: Wetlands adjacent to Amazon Creek. 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/waters are substantially inaccurate a new public notice may be published.
Project Purpose: The applicant’s stated purpose is to construct 99 single‐family entry level homes within the city limits of Eugene. The homes will be 3‐4 bedrooms targeted at first time homebuyers.
Project Description: The Applicant is requesting authorization for construction of Meadowview Park Phase 4, a proposed residential subdivision in West Eugene. As proposed, the project would consist of 99 single family homes and lie within the City’s Royal Avenue Specific Plan area for development.
The work in the wetland areas would consist of grading for the purpose of constructing roadways, house pads, and detention ponds. The fill areas would be for roadways and single family residence lots with associated infrastructure. The excavation areas would primarily be the detention pond and grassy swale that are required to reduce peak stormwater flow and provide pollution control to the runoff prior to entering the Amazon Creek channel. There are no proposed in‐water or over‐water structures with this project. Total ground disturbance would be 16.64 acres with 8.78 acres of permanent wetland disturbance, 0.24 acre of indirect wetland impact due to loss of hydrologic connectivity from the construction of the eastern extension of Olallie Avenue, and 0.04 acre of temporary wetland impact from stormwater line trenching to the new stormwater basin. Total impervious surface created or modified by the project (covering roads, driveways, parking lots, sidewalks, roofs and similar surfaces) is 10.56 acres.
The roadways, utilities, and detention ponds would be constructed using standard methods with heavy equipment. A construction site management plan would be prepared that would outline all erosion control measures to be implemented prior to construction to control sediment travel out of work areas.
The on-site wetland areas to remain would be protected by a berm or sediment fencing to prevent pollutants entering the areas during construction. Other standard Best Management Practices (BMPs) would be employed during the project as necessary, which may include wattles, hay bales, bio‐bags, crushed rock construction entrance, and concrete wash areas.
Mitigation: The applicant proposes to avoid and minimize impacts from the project by constructing the stormwater detention basin above existing grade. The basin is designed to fully contain a 25‐year storm event so it is unlikely the basin would ever overflow. To maintain connectivity, drainpipes would collect water upgradient in gravel troughs and allow runoff to drain downgradient and empty into gravel trough spreaders on the downstream side of the basin.
Proposed development along the western edge of Wetland A would affect hydrologic connectivity of the remaining portions of the wetland. In order to maintain hydrologic connectivity, gravel collection troughs would be constructed on the upgradient side of the proposed development. Perforated pipes connected to the troughs would allow runoff to flow into spreaders on the downgradient side of the development, reducing the potential for erosion at the downgradient outlet locations while still allowing for hydrologic connectivity throughout the wetland.
The applicant has proposed the purchase of compensatory wetland mitigation credits 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: Seven (7) drawings are attached and labeled Corps No. NWP-2007-1026/2 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: The proposed project was previously submitted for review by the Corps in 2017.
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 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.
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 requested approval from City of Eugene. The applicant has also applied for the following additional governmental authorizations for the project: Removal-Fill Permit from the Department of State Lands (DSL) (DLS No. 61405-RF), individual 401 water quality certification and a 1200C permit from Department of Environmental Quality (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; 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
Telephone: (503) 808-4387
Oregon Department of Environmental Quality (DEQ)
Water Quality 401 Certification
Notice Issued: August 23, 2022
Written Comments Due: September 22, 2022
Corps of Engineers No: NWP-2007-1026/2
Oregon Department of State Lands No: 61405-RF
WHO IS THE APPLICANT: Hayden Homes 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 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 email@example.com.