PUBLIC NOTICE
Application for Permit
Issue Date: December 6, 2023
Expiration Date: January 5, 2024
30-Day Notice U.S. Army Corps of Engineers No: NWP-2023-332
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:
The New Home Company LLC
Attention: Pam Verdadero
15455 NW Greenbrier Parkway, Suite 240
Beaverton, OR 97006
Email: pverdadero@NewHomeCo.com
Telephone: (503) 313-7795
Applicant's Agent:
SWCA Environmental Consultants
Attention: Jessalynn Spears
1800 NW Upshur Street, Suite 100
Portland, OR 97209
Email: Jessalynn.Spears@swca.com
Telephone: (541) 600-6095
Location: The project site is located near the intersection of SW Beef Bend Road and SW Elsner Road near King City, Washington County, Oregon. The site is in Sections 17 and 18, Township 2 South, Range 1 West. Latitude and Longitude: 45.3969 North, 122.8470 West.
Waterway: Wetland A, Wetland A1, Wetland B, Wetland B1, Ditch 1, Ditch 2, Pond 1, and Pond 2. 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 develop a high-density, mixed-use, town center neighborhood including housing, retail, commercial, civic services, a parks and trail system, and multi-modal circulation in Kingston Terrace that provides easy access to retail, services, entertainment, and recreation.
Project Description: The proposed project is the Kingston Terrace Town Center. The applicant proposes to discharge up to 51,833 cubic yards of fill material (native material) into 2.17-acre of Wetlands A, A1, B, and B1, and discharge up to 9,078 cubic yards into 2.70-acre below the ordinary high water mark of Ditch 1, Ditch 2, Pond 1, and Pond 2 to construct a high-density, mixed-use, town center neighborhood providing 1,183 dwelling units, 32,800 square feet of commercial area, a civic center, parks and open space, stormwater treatment facility, and supporting utilities and transportation infrastructure.
Construction equipment would access the site from SW Beef Bend Road, along the north side of the subject site. A gravel staging area would be constructed adjacent to the access point just south of SW Beef Bend Road. The staging area would be surrounded by sediment fencing to avoid sediment runoff to the surrounding area. Prior to grading activities, sediment fencing would be installed along the outside edge of the existing 50-foot buffer of the Wetland C and D that are identified for protection. The topsoil would be stripped and stockpiled on site to be used as backfill on top of the structural pads of the residential lots. Areas within the project site identified for cut would be excavated and this material would be transported to Wetland A, Wetland A1, Wetland B, Wetland B1, Ditch 1, Ditch 2, Pond 1, and Pond for fill and would be placed and compacted to meet structural compaction requirements.
The applicant would begin work for the proposed wetland mitigation site upon completion of grading for the high-density, mixed-use, town center neighborhood. Sediment fencing and straw wattles would be installed at the limits of grading, prior to grading activities within the mitigation site. The topsoil within the grading limits of existing wetlands and buffers would be removed and stockpiled for future use. Excavation equipment would be used to excavate and regrade the areas within the wetland and buffer to provide additional area suitable for wetland creation, and to widen the north edge of the floodplain surrounding Wetlands C and D. The topsoil would be placed back within the graded area to provide suitable material for future vegetation once the grading is complete. Invasive plants would then be removed by hand from the existing wetlands and surrounding buffers. Native plants would be installed within the wetland areas and buffer. The plant species and quantity within the buffers would be planted to meet Clean Water Services Standards for good buffer conditions.
Mitigation: The applicant proposes to avoid and minimize impacts from the project by utilizing best management practices (BMPs) to minimize erosion and sedimentation. All BMPs would be properly maintained throughout the duration of the project to keep sediments from entering any wetlands and other waterways in the project vicinity. The applicant has provided a proposed compensatory wetland mitigation plan to offset losses of waters of the United States that may result from the proposed project. The applicant proposes creation of 0.12 acres of stream and 2.91 acres of wetlands, enhancement of 5.11 acres of wetlands and 4.32 acres of buffer enhancement. The applicant would also create 1.97-acre of buffer.
Drawings: Nineteen (19) drawings are attached and labeled Corps No. NWP-2023-332. 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 source of the fill material would be generated from on-site grading.
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. 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 King City. The applicant has applied for the following additional governmental authorizations for the project: Removal-Fill Permit from the Department of State Lands (DSL) (DSL No. 64785).
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
Rafael Orozco
P.O. Box 2946
Portland, Oregon 97208-2946
Email: rafael.s.orozco@usace.army.mil
Telephone: (503) 808-4959
PUBLIC NOTICE
Oregon Department of Environmental Quality (DEQ)
Water Quality 401 Certification
Notice Issued: December 6, 2023
Written Comments Due: January 5, 2024
Corps of Engineers No: NWP-2023-332
Oregon Department of State Lands No: DSL No. 64785
WHO IS THE APPLICANT: The New Home Company 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.” 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 5:00 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.
Email – 401publiccomments@deq.oregon.gov
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
(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.oregon.gov.