JOINT PUBLIC NOTICE
Intent to Create a Mitigation Bank
Mud Slough V Mitigation Bank
Issue Date: April 24, 2024
Expiration Date: May 24, 2024
US Army Corps of Engineers No: NWP-1999-1585
Oregon Department of State Lands No: 65043
30 Day Notice
Interested parties are hereby notified that the U.S. Army Corps of Engineers, Portland District (Corps) and the Oregon Department of State Lands (DSL) have received a request to establish the proposed Mud Slough V Mitigation Bank (Bank). The Corps and DSL are 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, Section 10 of the Rivers and Harbors Act, and/or by DSL under the authority of Oregon’s Removal-Fill Law (ORS 196.800 - 196.990). A mitigation bank sells credits to permittees whose obligation to provide compensatory mitigation is transferred to the mitigation bank sponsor.
Sponsor: Mark Knaupp
1875 North Greenwood Road
Rickreall, Oregon 97371
Email: wetlandbank@msn.com
Telephone: (503) 559‐0223
Location: The proposed Bank site is located near the existing Mud Slough Mitigation Bank and Baskett Slough National Wildlife Refuge near Dallas, Polk County, Oregon. The enclosure includes a location map. The site is in Section 20, Township 7 South, Range 4 West at Latitude and Longitude: 44.9449559°, ‐123.1959965°.
Prospectus: This public notice includes only summarized information and figures from the full prospectus. According to state rule (OAR 141-085-0510 (62)), a "Prospectus" means the preliminary proposal prepared by a mitigation bank sponsor describing a proposed 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 “Mud Slough Phase V (Pending)”. 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 full prospectus for the proposed bank is available for review on the DSL’s website (https://lands.dsl.state.or.us). At this website, select “Check Permit and Authorization Status,” then select “Polk County” and then select the sponsor’s name from the list. Additionally, a copy of the prospectus may be requested from the Corps or DSL contact provided below.
Bank Description: The proposed Bank site is 157 acres (ac), and includes farmed wetlands, riparian forest, ditches, and riverine channels (Baskett Slough and Mud Slough). The objectives of the Bank include the restoration, enhancement, and/or creation of 127 acres of palustrine emergent wetlands. This work would include restoration and enhancement activities in 99.5 ac of wetland prairie, and the creation of 27.5 ac of vernal pools. The Bank objectives would also include the enhancement of up to 13 ac of palustrine forested wetlands along the riparian corridor of Baskett Slough. Vegetative buffers (approximately 40 feet wide) would also be constructed between the bank and adjacent farmland. Figures depicting the draft mitigation work plan are included in the enclosure. The project objectives would be accomplished by reconnecting the river to historic floodplain areas within a complex of forested riparian corridors, backwater channels, and sloughs.
Site preparation began in the summer 2023 with bailing to remove straw and existing crops. To establish the proposed Bank, the sponsor would conduct initial grading work to disable existing drainage tiles, fill existing drainage ditches, and reverse field crowning to increase water storage and delay functions. The sponsor would then conduct additional grading work to create shallow vernal pools (with a depth of 8 to 12 inches) and low-lying berms (roughly 1 foot high with a sloping grade of 10:1). The sponsor would source the fill material from within the site. The sponsor would plant woody plant species in areas to be determined in consultation with ornithologists that specialize in Willamette Valley prairie birds. The Bank would be protected in perpetuity with a conservation easement. The sponsor would work with the Wetlands Conservancy on all aspects of long-term management of the Bank.
Service Area: The mitigation bank service area is the geographic area within which impacts can be mitigated at a specific mitigation bank. The proposed service area for this bank is the same service area as the existing Mud Slough Mitigation Bank and includes the Middle Willamette Watershed (4th Field Hydrologic Unit Code (HUC) 17090009), Yamhill Watershed (HUC 17090008) and portions of the Abiqua Creek-Pudding River Watershed (HUC 1709000901). See Figure 5 in the enclosure. This service area includes portions of the urbanizing areas within Marion, Polk, Yamhill, and Clackamas Counties. This area includes the cites of Salem, Keizer, McMinnville, Wilsonville, Oregon City, and Newberg.
Evaluation: The Corps and DSL 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 and/or DSL. Comments received in response to this notice will be provided to the 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 and DSL on, the establishment and management of mitigation banks.
If the Corps and DSL determine the proposed Bank has the potential for providing appropriate compensatory mitigation, the sponsor will prepare and submit a mitigation banking instrument. The instrument is a legal document governing the establishment, operation, and use of a mitigation bank. The Corps and DSL, 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 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 Bank to the Corps or DSL. Comments may be submitted by conventional mail, e-mail, or through the DSL website. All comments received will be considered in determining whether the proposed 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 and DSL 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 and DSL reference number. All comments received will become part of the administrative record and are subject to public release by the Corps under the Freedom of Information Act including any personally identifiable information such as names, phone numbers, and addresses.
Additional information about the proposed Bank may be obtained from the Corps and/or DSL contacts 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 OR Oregon Department of State Lands
Andrea Seager Grey Wolf
Eugene Field Office 775 Summer Street NE
211 East 7th Avenue, Suite 105 Salem, Oregon 97301-1279
Eugene, Oregon 97401-2763 Email: Grey.Wolf@dsl.oregon.gov
Email: Andrea.R.Seager@usace.army.mil Telephone: (503) 586-8610
Telephone: (541) 465-6882