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Posted: 7/13/2012

Expiration date: 8/8/2012

PUBLIC NOTICE for Permit Application 

                        Issue Date: July 10, 2012

                 Expiration Date: August 8, 2012

                                      US Army Corps of Engineers #: NWP-2012-291           

30-Day Notice                                         Oregon Department of State Lands #: Not Available           


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

                        Eugene Field Office (carol.s.franson@usace.army.mil)

                        1600 Executive Parkway  Suite 210

                        Eugene, OR  97401-2156

Applicant:      PK Guido, Inc.

                        (Umpqua Sand and Gravel)

                        640 Shady Dr.

                        Roseburg, OR  97471-9320

Location:       The project site is located on a gravel bar on the South Umpqua River approximately River Mile 113.5, Roseburg, Douglas Co., Ore. The site is in Section 4 of Township 27 South, Range 6 West.


Waterway:  South Umpqua River

Project Description:  The applicant proposes to excavate up to 10,000 cubic yards of sand, gravel, and bar run annually from the South Umpqua River. The largely unvegetated bar measures approximately 800 feet long by 175 feet wide and 3-1/2 feet deep. A front-end loader/excavator will excavate the aggregate from the bar, and the aggregate will then be transported utilizing haul trucks to the plant site approximately 300 yards away. Access to the bar is from an already constructed road (Shady Drive) located on the south end of the site. The aggregate will be excavated from the bar in a horseshoe shape creating a 20-foot leave strip around the work area.  

The work will be conducted during the approved in-water work window based on coordination with the National Marine Fisheries Services and Oregon Department of Fish and Wildlife.


Mitigation: No measures to avoid or minimize were provided or compensatory mitigation proposed. The applicant proposes to retain a 50-foot buffer at the front of the bar to stabilize the bar for water flow and also retain the bar’s natural shape.  After extraction of the gravel is complete, the gravel operator must grade the excavation site to ensure the river flow would be free draining, preventing depressions or holes that might trap migrating fish during times of river flow fluctuation.  Any temporary gravel stockpiles or associated fills must be removed at the end of the gravel extraction work. 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:  To obtain aggregate materials, including sand, gravel, and rock for various commercial applications.


Drawings:  Eleven drawings are attached and labeled Corps No. NWP-2012-291.


Additional Information:  Additional information may be obtained from Carol Franson, Project Manager, U.S. Army Corps of Engineers at (541) 465-6868 or email  carol.s.franson@usace.army.mil.

Authority:  This permit will be issued or denied under the following:


            Section 10, Rivers and Harbors Act 1899 (33 U.S.C. 403), for work in or affecting navigable waters of the United States.


            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.  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 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 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.


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