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Posted: 7/13/2012

Expiration date: 8/11/2012

PUBLIC NOTICE for Permit Application 

                        Issue Date: July 13, 2012

                                    Expiration Date: August 11, 2012

                                    US Army Corps of Engineers No:   NWP-2012-108

30-Day Notice                                                Oregon Department of State Lands No:    49753-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

                        Benny A. Dean Jr. Benny.A.Dean@usace.army.mil

                        Eugene Field Office

                        1600 Executive Parkway  Suite 210

                        Eugene, OR  97401-2156


Applicant:      City of Florence

                        250 Hwy. 101

                        Florence, OR 97439-7638


Location:        The project is located along the Siuslaw River, River Mile 4.6, in Florence, Lane County, Oregon. The site is in Section 34 of Township 18 South, Range 12 West.


Waterway:     Siuslaw River

Project Description:  The project entails the placement of 70 cubic yards of cut and fill material into two wetlands below the high tide line, located at the east and west site to facilitate the construction of a retaining wall. Once the retaining wall construction is complete, the materials will be removed and placed in the adjacent uplands. At the new parking area site underneath the Highway 101 bridge, the project will involve the placement of 140 cubic yards of fine sand, crushed rock, concrete, and asphaltic concrete fill material. A new stormwater management/treatment facility will be constructed in the east site and will include a rain garden to reduce stormwater flows into the Siuslaw River and  improve aquatic habitat by treating it prior to discharge. Approximately 70 cubic yards of rock will be discharged to rework the retaining wall for the treatment site. Overall the project will temporarily impact 0.069 acres of wetlands above high tide line and 0.039 acres of estuarian habitat below the high tide line for both projects.


Mitigation: The applicant has provided a proposed compensatory wetland mitigation plan for the impacts to wetlands adjacent to the estuary by the implementation of the project due to the functional uplift and improvement to the functions and values of the wetlands. 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 project purpose is to provide parking, a pedestrian path, and an interpretive center for the City of Florence.


Drawings:  Ten drawings are attached and labeled Corp No. NWP-2012-108 enclosure.


Additional Information:  Additional information may be obtained from Mr. Benny A. Dean Jr., Project Manager, U.S. Army Corps of Engineers at (541) 465-6769 or email



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) has been completed by the Federal Highway Administration on October 20, 2009.


Cultural Resources:  An initial evaluation of the proposed project area indicates SHPO and the Federal Highway Administration determined there would be no effect to cultural resources on March 20, 2012.  Several surveys have been performed nearby which did not find any cultural or historic properties.


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 on page 1 of 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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