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Posted: 7/24/2012

Expiration date: 8/22/2012

 PUBLIC NOTICE for Permit Application

                        Issue Date: July 23, 2012

                                    Expiration Date: August 21, 2012

                                    US Army Corps of Engineers No: NWP-2008-378/3

30-Day Notice                                                Oregon Department of State Lands No: 41791-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 Pkwy.,  Suite 210

                        Eugene, OR  97401-2156

Applicant:      Oregon Department of Corrections

                        1793 13th St. SE

                        Salem, OR 97302-2595


Location:        The project is located south of Milliron Road, east of Highway 99, north of Skinner Lane and west of the Union Pacific Railroad near Junction City, Lane Co., Ore.  The site is in Sections 20 and 21 of Township 16 South, Range 4 West.


Waterway:     142.5 acres of wetlands and drainages which flow into Flat Creek, which is a tributary to Ingram Slough, which is a tributary to the Willamette River at Mile 154.1.  The Willamette River is a Section 10 traditionally navigable water (TNW) up to Mile 183.2.

Project Description:  Previously the Corps authorized the discharge of dredged and fill material into 92.8 acres of wetlands to facilitate the construction of a Medium Security Correctional facility for the Oregon Department of Corrections and a State Hospital facility for the Oregon Department of Human Services.  An additional 1.27 acres of wetlands were impacted for the construction of a new channel for two tributaries to Flat Creek and minimize flooding of nearby properties.

Currently the DOC is proposing to fill an additional 2.52 acres of wetlands to facilitate the widening of Milliron Road and Highway 99 for improved traffic flows and to improve roadway safety.  The widening of the paved surface will improve safety for vehicular traffic and pedestrian traffic as well as the additional improvement by adding curbs and sidewalks.  Additional improvements include an improved drainage system with better water quality commensurate with current standards.  Traffic signals, luminaries, and guardrails will be included in the upgraded and improved roadway.  A total of 6,725 cubic yards of materials will be discharged into 2.52 acres of wetlands for the improvements outlined in this proposal.


Mitigation: The applicant has provided a proposed compensatory wetland mitigation plan for the impact to 2.52 additional acres in wetlands by using 2.52 acres of mitigation bank credits previously purchased for the overall site development and replacing the credit with an additional purchase from a bank in the service area.  Overall the entire project has required on-site mitigation which offset impacts to 36.64 acres of wetlands by enhancement/restoration/development.  Additional mitigation for the project impacts includes the purchase of 57.43 acres of mitigation bank credits from banks in the service area of the project.  To date the applicant has purchased 20 acre credits from Evergreen Mitigation Bank and 15 acre credits from Muddy Creek Mitigation Bank.


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 widen and develop Highway 99 and Milliron Road for additional traffic, safety vehicles, and space required to allow vehicles to safely exit the highway.


Drawing(s):  Six (6) drawings are attached and labeled Corps No. NWP-2008-378/3


Additional Information:  Additional information may be obtained from Benny A. Dean Jr., Project Manager, U.S. Army Corps of Engineers at (541) 465-6769 or email Benny.A.Dean@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 will not affect endangered species. Consultation under Section 7 of the Endangered Species Act of 1973 (87 Stat. 844) is not required for the described activity.


Cultural Resources:  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, 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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