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-2019-128

Portland District
Published April 17, 2024
Expiration date: 5/17/2024

PUBLIC NOTICE
Prospectus for Mitigation Bank

Issue Date: April 17, 2024
Expiration Date: May 17, 2024
U.S. Army Corps of Engineers No: NWP-2019-128

30-Day Notice

Interested parties are hereby notified that the U.S. Army Corps of Engineers, Portland District (Corps) has received a request to establish the proposed Glenwood Mitigation Bank, as described below and show in the enclosed figures. The Corps is soliciting comments on the proposed mitigation bank.

A mitigation bank is a site where aquatic resources (e.g., wetlands and streams) are restored, established/created, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by the Corps under the authority of Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act. A mitigation bank sells credits to permittees whose obligation to provide compensatory mitigation is then transferred to the mitigation bank sponsor. 

Bank Sponsor:  Glenwood Wetland, LLC
                            Attention: Jay Hoffman
                            22307 Southwest Munger Lane
                            Sherwood, Oregon 97140
                            Email: jay@tvpfarms.com
                            Telephone: (503) 628-0772

Location: The proposed Glenwood Mitigation Bank (Bank) site is located in the Tualatin River floodplain near Hillsboro, Washington County, Oregon. The site is in Sections 4, 8, and 9, Township 2 South, Range 2 West at Latitude and Longitude: 45.418371°, -122.946239°. The Bank site location is shown on figures included in Enclosure 1.

Prospectus: This public notice includes only summarized information and figures from the full prospectus. A prospectus provides information on a proposed mitigation bank. A copy of the full prospectus for the proposed bank is available for review on Corps’ Regulatory In-lieu Fee and Bank Information Tracking System (RIBITS) public database (https://ribits.ops.usace.army.mil). At this website, in the left column under “Filter” select “USACE District” radio button and from the dropdown, select “Portland”. Then, in the same column under “Menu” select “Banks and Sites”, select “Glenwood”. Once the page loads, select “[Cyber Repository]” along the top menu. Here you will be able to download the prospectus. Alternatively, a copy of the prospectus may be requested from the Corps. 

Service Area: The mitigation bank service area is the geographic area within which impacts can be mitigated at a specific bank. The proposed service area is the Tualatin Watershed (4th Field Hydrologic Unit 17090010) (Enclosure 1). This service area includes the urban areas of Tigard, Beaverton, Tualatin, King City, Sherwood, Aloha, Hillsboro, Cornelius, Forest Grove, North Plains, Banks, and Gaston.

Bank Description: The proposed Bank would generate wetland and/or stream credits through the restoration and enhancement of existing agricultural fields and pastures. The objectives of the Bank include increasing the acreage and improving the ecological functions and values of palustrine emergent (PEM), palustrine scrub-shrub (PSS), palustrine forested (PFO) wetlands, and upland buffers. The objectives would be accomplished through developing diverse native plant communities and ensuring there are mechanisms for long-term protection and management of the site. In addition, a central concept of the Bank is to allow for beaver-mediated processes to restore and/or enhance aquatic resources in the site. The proposal includes disrupting drain tiles, installing structures to encourage beaver dam establishment, and planting native trees, shrubs, and herbaceous species. Removal and fill activities (e.g., earthwork and excavation) are not proposed. Human manipulation of existing drainage ditches in the site is not proposed, however, these areas may be modified in the future by beavers.

If fully successful, the Bank would enhance a total of 51 acres of wetlands and restore 59 acres of wetlands. The project also includes 8 acres of upland buffers. Wetland types targeted for credit generation include PEM, PSS, and PFO in riverine and slope landforms. Figures depicting areas of enhancement and restoration are included in Enclosure 1.

Evaluation: The Corps will review all comments received and make an initial evaluation as to the potential of the proposed Bank to provide compensatory mitigation for impacts authorized by the Corps. Comments received in response to this notice will be provided to the bank Sponsor and to an Interagency Review Team (IRT). The IRT may include federal, state, local, and/or tribal representatives. The role of the IRT is to review documents for, and advise the Corps on, the establishment and management of mitigation banks. 

If the Corps determines the proposed mitigation bank has the potential for providing appropriate compensatory mitigation, the Sponsor will prepare and submit a draft mitigation banking instrument. The instrument is a legal document governing the establishment, operation, and use of a mitigation bank. The Corps, in coordination with the IRT, will review the mitigation banking instrument and determine whether to approve the mitigation bank.

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 mitigation bank. Any comments received will be considered by the Corps to determine whether the proposed bank has the potential to provide compensatory mitigation for activities authorized by Department of Army (DA) permits. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act.

Submitting Comments: Interested parties are invited to provide comments on the proposed mitigation bank. Comments may be submitted by conventional mail or e-mail. All comments received will be considered in determining whether the proposed mitigation bank has the potential to provide compensatory mitigation for activities authorized by DA permits.

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. 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 mitigation bank may be obtained from the Corps contact 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
        Maya Goklany
        Eugene Field Office
        211 E. 7th Avenue, Suite 105
        Eugene, Oregon 97401-2763
        Email: maya.e.goklany@usace.army.mil
        Telephone: (541) 465-6877