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Posted: 7/13/2012

Expiration date: 7/25/2012

PUBLIC NOTICE for Permit Application

                        Issue Date: July 11, 2012

                                    Expiration Date: July 25, 2012

                                    Corps of Engineers No: NWP-2009-188/2

15-Day Notice                                                Oregon Department of State Lands No:42845-RF


Interested parties are hereby notified that an application has been received for a Department of the Army permit for certain work in waters of the United States, as described below and shown on the attached plan.


Comments:  Comments on the described work should reference the U.S. Army Corps of Engineers number shown above and reach this office no later than the above expiration date of this Public Notice to become part of the record and be considered in the decision. Comments should be mailed to the following address:


                        U.S. Army Corps of Engineers

                        Michele E. Hanson (michele.e.hanson@usace.army.mil)

                        1600 Executive Parkway, Suite 210

                        Eugene, OR 97401-2156


Applicant:       Ed Istel

                       KOGAP Enterprises, Inc.

                       115 Stewart Ave.

                       Medford, OR 97501-3607


Location:        The approximately 80-acre former industrial project site is located at the southwest corner of Highway 99 and Stewart Avenue, in Medford, Jackson Co., Oregon (Section 31, Township 37 South, Range 1 West).


Waterway: Hansen Creek

Project Description:  KOGAP Enterprises, Inc. proposes to fill up to 2,580 linear feet (0.6-acre) of a channelized reach of Hansen Creek to redevelop a former industrial site into a commercial and residential development to be known as Stewart Meadows Village. KOGAP will reconstruct a segment of Hansen Creek in a new alignment as an amenity for the development. The project also includes two road crossings over the new creek segment and approximately 20 stormwater outfalls originating from treatment areas. The existing approximately 25-foot wide creek segment includes nearly vertical banks, a straight channel, and no riparian buffer. Wetlands in the project area comprise a thin strip below the ordinary high water mark, which is dominated by reed canary grass.


Stormwater runoff from new impervious surfaces would be pretreated using appropriate best management practices prior to discharge into the new creek alignment.


Mitigation: To mitigate for unavoidable impacts associated with filling the existing stream channel, KOGAP would construct a new 3,020-foot long stream segment in upland and incorporate it as an amenity into the development. The constructed segment will have increased sinuosity, reduced bank slopes, channel diversity and riparian vegetation consisting of native riparian species with landscape plantings exterior to the walking paths. The average width, including the planted riparian area will measure 100 feet.

If a permit is issued, the Corps will determine what is appropriate and practicable compensatory mitigation. The amount of compensatory mitigation required shall be commensurate with the anticipated impacts of the project.

Purpose: The purpose is to provide commercial and residential development with a water-related amenity in the Medford area.


Drawings:  Thirteen drawings are attached and labeled Corp No. NWP-2009-188-2.


Additional Information:  Additional information may be obtained from Michele E. Hanson, Project Manager, U.S. Army Corps of Engineers at 541-465-6878 or email Michele.e.hanson@usace.army.mil


Authority:  This permit will be issued or denied 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.


Water Quality Certification:  A permit for the described work will not be issued until certification, as required under Section 401 of the Clean Water Act (P.L. 95‑217), has been received or is waived from the certifying state.  Attached is the state's notice advertising the request for certification.


Section 404(b)(1) Evaluation:  The impact of the activity on the public interest will be evaluated in accordance with the Environmental Protection Agency guidelines pursuant to Section 404(b)(1) of the Clean Water Act.


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.


Endangered Species:  Preliminary determinations indicate that the described activity may affect an endangered or threatened species or its critical habitat.  Consultation under Section 7 of the Endangered Species Act of 1973 (87 Stat. 844) will be initiated.  A permit for the proposed activity will not be issued until the consultation process is completed.


Cultural Resources:  An initial evaluation of the proposed project area 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.  The permit area has been so extensively modified by modern development that little likelihood exists for the proposed project to affect an undisturbed historic property or any other type of cultural resource.


This notice has been provided to the State Historic Preservation Office, 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 above in this notice) to assist in a complete evaluation of potential effects.


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 of Engineers 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 this proposed activity.  Any comments received will be considered by the Corps of Engineers 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.


Additional Requirements:  State law requires that leases, easements, or permits be obtained for certain works or activity in the described waters.  These State requirements must be met where applicable, and a Department of the Army permit must be obtained before any work within the applicable Statutory Authority previously indicated may be accomplished.  Other local governmental agencies may also have ordinances or requirements, which must be satisfied before the work is accomplished.






Oregon Department of Environmental Quality (DEQ)

Water Quality 401 Certification



Corps of Engineers No: NWP-2009-188/2                                               Notice Issued: July 11, 2012

Oregon Department of State Lands No: 42845-RF           Written Comments Due: August 9, 2012


WHO IS THE APPLICANT:  Mr. Ed Istel, KOGAP Enterprises, Inc.


LOCATION OF CERTIFICATION ACTIVITY:  See attached U.S. Army Corps of Engineers public notice.


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.


WHERE TO FIND DOCUMENTS:  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, 2020 S.W. 4th Avenue, Portland, Oregon 97201-4953.  Other project materials are available by contacting the Corps per the attached public notice.


While not required, 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) 229-5552.


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

           2020 S.W. 4th Avenue

           Portland, Oregon 97201-4953

           Attn:  401 Water Quality Certification Coordinator


Fax - (503) 229-6957


People wishing to send comments via e-mail should send them in Microsoft Word (through version 7.0), WordPerfect (through version 6.x) or plain text format. Otherwise, due to conversion difficulties, DEQ recommends that comments be mailed in hard copy.


WHAT HAPPENS NEXT:  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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