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Posted: 5/5/2017

Expiration date: 5/29/2017

Application for Permit

Issue Date: April 28, 2017
Expiration Date: May 29, 2017
US Army Corps of Engineers No: NWP-2008-192-1
30-Day Notice Oregon Department of State Lands No: 58464

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 plans. The Corps is soliciting comments on the proposed work.

Applicant: Gramor Investments
Attention: Barry Cain
19767 SW 72nd Avenue, Suite 100
Tualatin, Oregon 97062
Email: ryan@gramor.com
Telephone: (503) 245-1976

Applicant’s Agent: Schott and Associates
Attention: Martin Schott and Juniper Tagliabue
P.O. Box 589
Aurora, Oregon 97002
Email: juniper@schottandassociates.com
Telephone: (503) 678-6007 and (503) 678-6011

Location: The site located at the NE Corner of HWY 99W and Vittoria Lane, Newberg, Oregon. The site is in Section 16, Township 3 South, Range 2 West. Latitude and Longitude: 45.3118 North, -122.9362 West

Waterway: A tributary to Springbrook Creek and four wetlands.

Project Purpose:
The applicant’s stated purpose is to provide retail shopping, commercial, and residential housing in the City of Newberg.

Project Description: The applicant would develop a 33-acre site for commercial and residential development, known as Crestview Crossing. The development would consist of a shopping center with approximately 162,700 square feet of commercial and retail space, including a grocery store with approximately 59,000 square feet on 15-acre of the site, a two-story medical office approximately 2.8 acres, and 33 single-family residential lots will be located on site. Two new streets, Crestview Drive and Frontage Road, would be constructed in conjunction with the commercial and residential development.

The applicant proposes to fill the tributary to Springbrook Creek in its entirety, 1,440 linear feet (0.15 acre). The applicant also proposes to fill 6.87 of the 7.1 acres of wetlands onsite. Wetland A is approximately 6.63 acres in size. The proposal would fill6.4 acres of Wetland A with soil, rock, and concrete for the construction of roads, buildings, and utilities. Wetland B is approximately 0.005 acre. The proposal would fill all of Wetland Bwith soil and rock for the construction of the residential lots. Wetland C is approximately 0.3 acre and Wetland D is approximately 0.01 acre. Both Wetlands C and D would be completely filled with soil, rock, and concrete for the construction of the commercial buildings and street infrastructure. 

Erosion control measures would be used to minimize downstream impacts and would include a rock construction entrance, sediment fencing, inlet protection, and check dams.

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 create 0.2 acre of waterway, enhance 0.21 acre of Wetland A, create 1.8 acre of wetlands onsite, and purchase wetland mitigation credits from Mud Slough Mitigation Bank for the replacement of wetland and water losses that may result from the proposed project. The Corps will determine the type and amount of compensatory mitigation necessary to offset environmental losses from the proposed project.

Twenty-four (24) drawings are attached and labeled Corps No. NWP-2008-192-1

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. Should a permit be issued, the Corps will evaluate the fill material source (i.e., borrow site) prior to the start of construction.

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. Attached is the state's notice for a water quality certification.

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 not adversely affect EFH at the project location or in its vicinity. The Corps will make a final determination on the need to consult on EFH after receipt of comments from this public notice including any comments provided by the NMFS.

Historic Properties/Cultural Resources: Section 106 of the National Historic Preservation Act 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. An 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.

This notice has been provided to the State Historic Preservation Office (SHPO), interested Native American Indian 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 has requested local approvals from the City of Newberg and will be applying for the following additional government authorizations for the project: Department of State Lands removal/fill permit(s).

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 described activity 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; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of the proposed project. Comments received will be considered by the Corps to determine whether to issue, modify, condition or deny a permit for this proposal. 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.

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
Kinsey M. Friesen
P.O. 2946
Portland, Oregon 97208-2946
Email: Kinsey.M.Friesen@usace.army.mil
Telephone: (503) 808-4378

Oregon Department of Environmental Quality (DEQ)
Water Quality 401 Certification

Notice Issued: April 28, 2017
Written Comments Due: May 29, 2017

Corps of Engineers No: NWP-2008-192-1
Oregon Department of State Lands No: 58464-RF

WHO IS THE APPLICANT: Gramor Investments
Attention: Barry Cain
19767 SW 72nd Avenue, Suite 100
Tualatin, Oregon 97062
Email: ryan@gramor.com
Telephone: (503) 245-1976

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.

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 Certification 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) 229-5263.

Any questions on the water quality certification process may be addressed to the 401 Program Coordinator at (503) 229-6030 or toll free within Oregon at (800) 452-4011. People with hearing impairments may call the Oregon Telecommunications Relay Service at 1-800-735-2900.

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.” 

Written comments: Written comments on project elements related to water quality must be received at the Oregon Department of Environmental Quality by 5 p.m. on the date specified in the upper right section on page one of this notice. Written comments may be emailed, mailed or faxed as described below: 

Email - 401publiccomments@deq.state.or.us

Mail - Oregon Department of Environmental Quality, Northwest Region
700 NE Multnomah Street, Suite 600
Portland, Oregon 97232 
Attn: 401 Water Quality Certification Coordinator 

Fax - (503) 229-6957

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.

ACCESSIBILITY INFORMATION: This publication is available in alternate format (e.g. large print, Braille) upon request. Please contact DEQ Office of Communications and Outreach at (503) 229-5317 or toll free within Oregon at 1-800-452-4011 to request an alternate format. People with a hearing impairment can receive help by calling the Oregon Telecommunications Relay Service at 1-800-735-2900.

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