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Regulatory Program Notices

Below are regulatory announcements, in chronological order, which are both current and historical. Current announcements provide information regarding ongoing regulatory processes and happenings. Historical announcements remain posted, as long as they remain up-to-date and applicable, to provide the public with a transparent record of changes and improvements to our program.   Regulatory image of trees over a creek

Revised Wetland Mitigation Bank Prospectus

Portland District
Published May 15, 2020

Joint Public Notice
Revised Wetland Mitigation Bank Prospectus

Dairy Creek Mitigation Bank,
Washington County, Oregon


Issue Date: May 15, 2020
Expiration Date: June 14, 2020
US Army Corps of Engineers No: NWP-2019-127
Oregon Department of State Lands No: 61846-NP

NWP-2019-127 figures

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 revised prospectus for the proposed Dairy Creek Wetland Mitigation Bank.

The initial prospectus described a proposal to generate wetland credits, with the potential to develop stream mitigation credits at a later date. A public notice requesting comments on the initial bank proposal was issued on April 5, 2019. This revised prospectus provides details regarding the stream mitigation design. A prospectus is a report that provides a summary of information regarding a proposed compensatory mitigation bank. The Corps and DSL are soliciting comments on the stream mitigation concept.

A mitigation bank is a site where resources (e.g., wetlands, streams, riparian areas) are restored, established/created, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts as authorized by DSL under the authority of Oregon’s Removal-Fill Law (ORS 196.800 - 196.990) and/or the Corps under the authority of Section 404 of the Clean Water Act. A mitigation bank sells compensatory mitigation credits to permittees whose obligation to provide compensatory mitigation is then transferred to the mitigation bank sponsor. The operation and use of a mitigation bank is governed by a mitigation bank instrument.

Bank Sponsors: DCMB LLC
Attention: Bob Bobosky
6770 Canyon Drive
Portland, Oregon 97225

Location: The proposed mitigation bank site is located near Banks, in Washington
County, Oregon; tax lot 800; Section 36, Township 2 North, Range 4 West; Latitude
45.616498 North and Longitude 123.121295 West (Figure 1). The service area will be the Tualatin basin (Figure 2).

Stream Mitigation Concept: The preliminary stream mitigation design includes enhancing approximately 2.5 acres of perennial channel of the West Fork Dairy Creek, and creating approximately 3.6 acres of intermittent stream channels off of the creek that mimic historic flow patterns and side channel habitat (Figure 3). The goal is to reconnect the West Fork Dairy Creek with its adjacent floodplain and improve the function of riverine wetlands and water resources at the project site as well as downstream. In addition to the stream mitigation, the sponsor proposes to restore/create 94.4 acres of wetland and enhance 7.6 acres of wetland. The project includes 20.3 acres of upland buffers.

Evaluation: The proposed Dairy Creek Mitigation Bank will be evaluated in coordination with an Interagency Review Team (IRT), which includes federal, state, local and/or tribal representatives. The role of the IRT is review documents for, and advise the Corps on, the establishment and management of mitigation banks. The IRT will review the prospectus, draft and final mitigation bank instrument and other applicable documents. The mitigation bank instrument is the legal agreement governing the operation and use of a mitigation bank and includes the ecological goals of the project, grading and planting plans, monitoring, maintenance, and the number and schedule of wetland credits to be made available when performance standards have been met.

Submitting Comments: Interested parties are invited to provide comments on the prospectus. Comments may be submitted by conventional mail or email to the Corps or DSL representatives listed below or through the DSL’s website as described below. All comments received will be considered in determining whether to approve the proposed mitigation bank. Comments received in response to this notice will be provided to the IRT and bank sponsors.

A copy of the prospectus is available for review on the DSL website: https://lands.dsl.state.or.us/. At this website, select “Check Permit and Authorization Status,” then select “Washington County,” and then select the sponsor’s name from the list. Additionally, from here, you may add comments. A copy of the prospectus may also be obtained by contacting the Corps or DSL representatives listed below. All comments, whether by conventional mail or electronically, must be received no later than the expiration date of this public notice to ensure consideration.

Please provide comments to:

Andrea Wagner
U.S. Army Corps of Engineers
Eugene Regulatory Field Office
211 East 7th Avenue, Suite 105
Eugene, OR 97401-2763
Email: andrea.r.wagner@usace.army.mil
Telephone: (541) 465-6882

OR

Dana Field
Oregon Department of State Lands
775 Summer Street NE
Salem, OR 97301-1279
Telephone: (503) 986-5238