PUBLIC NOTICE
Application for Permit
Issue Date: April 9, 2024
Expiration Date: May 9, 2024
U.S. Army Corps of Engineers No: NWP-2022-501
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: Oregon Department of Aviation
Attention: Tony Beach
3040 25th St SE
Salem, OR 97302
Email: Anthony.Beach@odav.oregon.gov
Telephone: (503) 378-2523
Applicant’s Agent: David Evans and Associates, Inc.
Attention: Valerie Thompson
2100 S River Parkway, Suite 100
Portland, OR 97201
Email: valerie.thompson@deainc.com
Telephone: (503) 499-0381
Location: The project site is located at 1600 W Airway Rd, in Lebanon, Linn County, Oregon. The site is in Sections 10 and 16, Township 12 South, Range 2 West. Latitude and Longitude: 44.531457°, -122.929824°.
Waterway: The project occurs in a total of 3.03 acres of wetlands and 0.1-acre of two ditches.
Project Purpose: The applicant’s stated purpose is to correct the current taxiway design of the existing airfield, runway, taxi lane and run-up ramp configurations of the Lebanon State Airport to meet Federal Aviation Administration-compliant design standards for safe airport operations.
Project Description: The proposed project is the Lebanon State Airport Taxiway Rehabilitation Project. The applicant would construct a new southern portion of the taxiway; reconstruct the northern portion of the taxiway; improve the aprons, taxiway connectors, and realign hanger connectors; widen existing drainage ditches; construct new drainage ditches; install culverts; and construct stormwater management swales, ditches, and filter strips.
The applicant would permanently discharge up to 867 cubic yards (cy) of fill material consisting of soil, asphalt, gravel base, and water quality filter strips (combination of textile, matting, and gravel/sand) into 2.56 acres of Wetlands A, C, D, E, F, and G and into an area 0.10-acre in size below the ordinary high water mark (OHWM) of Ditch 2 and Ditch 9 to complete the project. The applicant would discharge up to 18 cy of fill material consisting of soil and water quality filter strip into 0.47-acre of Wetlands A, C, and G.
Wetland A
The applicant would discharge fill into a total of 1.84 acres of Wetland A. The applicant would:
• Permanently discharge up to 154 cy of asphalt and gravel base within an area 0.55-acre in size within Wetland A to pave the new taxiway and two taxiway connectors and reconstruct the apron connector.
• Permanently discharge up to 28 cy of soil and water quality filter strip within an area 1.09 acres in size within Wetland A to construct a stormwater management ditch;
• Discharge up to 4 cy of soil within an area 0.20-acre in size within Wetland A to reseed the stormwater drainage ditch. The soil would be discharged in a layer up to two inches thick. This would not result in a loss of waters.
• Excavation would also occur within Wetland A to grade and widen an existing stormwater management ditch, grade the site to pave the new taxiway and two taxiway connectors, and reconstruct the apron connector prior to the placement of fill material. The Corps would not regulate this activity.
Wetland C
The applicant would discharge fill into a total of 0.31-acre of Wetland C. The applicant would:
• Permanently discharge up to 49 cy of asphalt and gravel base within an area 0.10-acre in size within Wetland C to pave the new taxiway connector and reconstruct the eastern side of taxiway to the runway connector;
• Permanently discharge up to 11 cy of soil and water quality filter strip within an area 0.12-acre in size within Wetland C;
• Discharge up to 7 cy of soil within an area 0.09-acre in size within Wetland C to reseed the stormwater drainage ditch. The soil would be discharged in a layer up to two inches thick. This would not result in a loss of waters.
• Excavation would also occur within Wetland C grade the site to construct a stormwater management ditch and to grade the site to pave the new taxiway connector and reconstruct the eastern side of taxiway to the runway connector. The Corps would not regulate this activity.
Wetland D
The applicant would discharge fill into a total of 0.30-acre of Wetland D. The applicant would:
• Permanently discharge up to 246 cy of asphalt and gravel base within an area 0.06-acre in size within Wetland D to pave the new taxiway;
• Permanently discharge up to 69 cy of soil and water quality filter strip within an area 0.24-acre in size within Wetland D.
• Excavation would also occur within Wetland D to grade the site to grade the site to pave the new taxiway. The Corps would not regulate this activity.
Wetland E
The applicant would discharge fill into a total of 0.03-acre of Wetland E. The applicant would:
• Permanently discharge up to 5 cy of soil within an area 0.03-acre in size within Wetland E to reseed the stormwater drainage ditch. The soil would be discharged in a layer up to six inches thick.
• Excavation would also occur within Wetland E to construct a stormwater management ditch. The Corps would not regulate this activity.
Wetland F
The applicant would discharge fill into a total of 0.37-acre of Wetland F. The applicant would:
• Permanently discharge up to 55 cy of asphalt and gravel base within an area 0.02-acre in size within Wetland F to construct a new taxiway connector;
• Permanently discharge up to 53 cy of soil and water quality filter strip within an area 0.35-acre in size within Wetland F.
• Excavation would also occur within Wetland F to grade the site to pave a new taxiway connector. The Corps would not regulate this activity.
Wetland G
The applicant would discharge fill into a total of 0.18-acre of Wetland G. The applicant would:
• Discharge up to 7 cy of soil within an area 0.18-acre in size within Wetland G to reseed the stormwater drainage ditch. The soil would be discharged in a layer up to two inches thick. This would not result in a loss of waters.
• Excavation would also occur within Wetland G to grade the site and construct a stormwater management ditch. The Corps would not regulate this activity.
Ditch 2
The applicant would discharge fill into a total of 0.08-acre of Ditch 2. The applicant would:
• Permanently discharge up to 83 cy of asphalt below the OHWM of Ditch 2 within an area 0.03-acre in size to construct 12 new hangar access driveways;
• Install 12 pre-cast concrete open bottom culverts beneath each of the new hangar access driveways to connect the stormwater management ditch and swales;
• Permanently discharge up to 72 cy of soil and water quality filter strip below the OHWM of Ditch 2 within an area 0.05-acre in size to construct a stormwater management ditch connecting 10 stormwater management swales beneath the new hangar access driveways.
• Excavation would also occur within Ditch 2 to grade the site to construct a stormwater management ditch connecting 10 stormwater management swales beneath 12 new hangar access driveways. The Corps would not regulate this activity.
Ditch 9
The applicant would discharge fill into a total of 0.02-acre of Ditch 9. The applicant would:
• Permanently discharge up to 35 cy of asphalt below the OHWM of Ditch 9 within an area 0.01-acre in size construct a new portion of taxiway;
• Permanently discharge up to 7 cy of soil and water quality filter strip below the OHWM of Ditch 9 within an area 0.01-acre in size to construct a stormwater management ditch.
• Excavation would also occur within Ditch 9 to grade the site to construct a stormwater management ditch and construct a new portion of taxiway. The Corps would not regulate this activity.
Wetland B
The applicant would permanently excavate up to 59 cy of soil from an area 0.04-acre in size within Wetland B to construct a stormwater management ditch. The Corps would not regulate this activity.
The applicant would complete the work, and stage equipment, from existing runways, taxiways, access roads, and from upland areas. The applicant would complete the project using heavy equipment such as excavators, bulldozers, and haul trucks. The applicant would transport all excavated materials not used for construction of the project to an offsite upland disposal location. The applicant would complete the work during the Oregon Department of Fish and Wildlife (ODFW) approved in-water work window of June 1 to October 31. The project is expected to take 4 months to complete.
Mitigation: The applicant proposes to avoid and minimize impacts from the project by adhering to a sediment and erosion control plan and best management practices to reduce increases is suspended sediment and control erosion while transporting to offsite areas. The applicant would also restore vegetation of the site by reseeding disturbed areas using an airport-appropriate seed mix. 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 through the purchase of 2.79 acres of palustrine emergent (PEM) wetland credits from South Santiam Wetland Mitigation Bank.
Drawings: Three (3) drawings are attached and labeled Corps No. NWP-2022-501. 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: This project is sponsored by the Oregon Department of Transportation, and the Federal Aviation Administration (FAA) is the lead federal agency responsible for drafting the Environmental Assessment (EA) for this project. More information about the EA for this project is available at: https://www.permits.performance.gov/permitting-project/dot-projects/lebanon-airport-improvements-environmental-assessment.
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 would not affect any endangered species or designated critical habitat. For this project, the FAA, as the lead Federal agency for ESA consultation, is consulting with the NMFS and/or the USFWS as required under Section 7 of the ESA.
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. For this project, the FAA, as the lead Federal agency for MSA consultation, is consulting with the NMFS as necessary.
Historic Properties/Cultural Resources: Section 106 of the National Historic Preservation Act (NHPA) of 1966, as amended (16 U.S.C. 470), 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. For this project, the FAA, as the lead Federal agency for determining compliance with Section 106 of the NHPA, will consult with the appropriate State and/or Tribal Historic Preservation Officer as applicable. The Corps’ preliminary review indicates a 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 is seeking land use approval from the City of Lebanon and has applied for Clean Water Act Section 401 WQC from the Oregon Department of Environmental Quality.
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
Kirsten T. Hines
Eugene Field Office
211 E. 7th Avenue, Suite 105
Eugene, Oregon 97401-2763
Email: kirsten.t.hines@usace.army.mil
Telephone: (541) 465-6878
PUBLIC NOTICE
Oregon Department of Environmental Quality (DEQ)
Water Quality 401 Certification
Notice Issued: April 9, 2024
Written Comments Due: May 9, 2024
Corps of Engineers No: NWP-2022-501
Oregon Department of State Lands No: APP0064779
WHO IS THE APPLICANT: Oregon Department of Aviation
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.