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-2024-77

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

PUBLIC NOTICE
Application for Permit

Issue Date: April 17, 2024
Expiration Date: May 17, 2024
U.S. Army Corps of Engineers No: NWP-2024-77

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:                   Steve Sieber
                                      Trammell Crow Portland Development, Inc.
                                      1300 SW 5th Avenue #3350
                                      Portland, OR 97201
                                      Email: ssieber@trammellcrow.com
                                      Telephone: (503) 449-3687

Applicant’s Agent:     Amy Hawkins
                                       Pacific Habitat Services
                                       9450 SW Commerce Circle, Suite 180
                                       Wilsonville, OR 97070        
                                       Email: ah@pacifichabitat.com
                                       Telephone: (503) 570-0800

Location: The project site is located north of NE Evergreen Road, between NE Sewell Avenue and NW 273rd Avenue, in Hillsboro, Washington County, Oregon. The site is in Section 20, Township 1 North, Range 2 West. Latitude and Longitude: 45.555245 North, -122.955739 West.

Waterway: A total of 1.16 acre of wetlands (Wetlands B, Wetland C, Wetland D, Wetland E, Wetland F, Glencoe Swale) and 0.15 acre of waters (Ditches 1-7). The wetland boundaries shown on the project drawings have not yet been verified by the Corps.

Project Purpose: The applicant’s stated purpose is to construct two light industrial buildings and appurtenant features within the City of Hillsboro’s urban growth boundary.

Project Description: The proposed project is the Sewell Corporate Park - Phases 1 and 2. The applicant proposes to construct two industrial buildings that would include new roads, sidewalks, parking lots, culvert replacement, landscaped planters, a shared use sidewalk/cycle track, and associated infrastructure such as utilities and stormwater facilities. The applicant would discharge up to 328 cubic yards of permanent fill (concrete box culvert, soil, stream aggregate) within 1.14 acre of wetlands (Wetland B, Wetland C, Wetland D, Wetland E, Wetland F) for culvert replacement and construction of roadways and parking areas. The applicant would discharge 2,895 cubic yards of fill (native soil or imported soil) within 0.15 acre of Ditches 1-7 for road improvements. The two proposed industrial buildings would be constructed in uplands. In-water work isolation would include the discharge of 1 cubic yard of temporary fill (straw wattles, sandbags, sediment fence) within 0.01-acre of Wetlands D and E and the discharge of 5 cubic yards of temporary fill (sandbags) within 0.01-acre of Glencoe Swale. Building one (1) would have a footprint of approximately 147,469 square feet and Building two (2) would have a footprint of approximately 245,672 square feet. Fill material would consist of native soil or imported soil, concrete, sandbags, and riprap generated onsite or purchased through commercial sources.

Work within Glencoe Swale and Wetlands D and E would occur during the Oregon Department of Fish and Wildlife preferred in-water work period from July 15 to September 30 when the area is expected to be dry or contain minimal flow. The in-water work area would be isolated and fish salvage would occur. Temporary impacts due to in-water work isolation would be removed following construction. Sediment and erosion controls would be utilized prior to and during construction. 

Dredged Material Testing: The Corps, in coordination with the Portland Sediment Evaluation Team (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 
by implementing erosion control and water quality best management practices. Additionally, the applicant has selected a site development layout that reduces overall impacts to wetlands and waters.

The applicant has provided a proposed compensatory wetland mitigation plan to offset losses of waters of the U.S. that may result from the proposed project. The applicant proposes to purchase 1.16 acre of wetland mitigation credits and 0.15 stream mitigation credits from either Butler Mitigation Bank, Dairy Creek Mitigation Bank, Tualatin Valley Environmental Mitigation Bank, or Half-Mile Lane In-lieu Fee (ILF) program to mitigate for the unavoidable wetland impacts. The Corps will determine the type and amount of compensatory mitigation necessary to offset environmental losses from the proposed project.

Drawings: Twelve (12) drawings are attached and labeled Corps No. NWP-2024-77 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 Corps previously received a permit application (NWP-2022-500) from the applicant corresponding to the road-stream crossing at Glencoe Swale. The applicant requested to withdraw that permit application due to proposed changes contained in this recent submission. 

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 primarily from within the project area boundary or would be imported from a local source.

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 to the best of our knowledge, the described activity is not located on property registered or eligible for registration in the latest published version of the National Register of Historic Places. At this time the Corps is unaware of any cultural resource surveys of the project 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 will be applying for the following additional governmental authorizations for the project: Oregon Department of Environmental Quality Section 401 Water Quality Certification; Oregon Department of State Lands Removal/Fill permit.

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