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  NWP-2006-910-1 enclosure
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Posted: 12/5/2013

Expiration date: 12/26/2013

PUBLIC NOTICE for Permit Application 

                        Issue Date: December 5, 2013

                                    Expiration Date: December 26, 2013

                                    US Army Corps of Engineers No:   NWP-2006-910/1

30-Day Notice                                                Oregon Department of State Lands No:     37470



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

                        Kristen Hafer, Kristen.A.Hafer@usace.army.mil

                        P.O. Box 2946

                        Portland, OR  97208-2946


Applicant:      DAV II Investment Group, LLC

                        Attn: Dave Montagne

                        P.O. Box 3308

                        Salem, OR 97302


Location:        The project is located in wetlands near the intersection of Hill Street and 34th Avenue, in Section 18, Township 11 South, Range 3 West, in Albany, Linn County, Oregon.


Waterway:  Unnamed wetlands

Project Description:  The Corps authorized a permit for the placement of fill into wetlands at this property for the purpose of developing 31 single family, moderate density housing units.  The permit expired on May 31, 2012. The new property owner is requesting an after-the-fact permit for the placement of fill into 3.90 acre of jurisdictional wetlands, which occurred after the original permit expired, for the construction of a high density apartment complex and construction of eight single family residences. 


Mitigation: WSS, LLC purchased 3.9 acres of wetland mitigation credits as mitigation for the Corps permit that authorized development of single family residences in the project area. The Corps permit authorizing the wetland impacts expired on May 31, 2012. The applicant is seeking to use the purchased mitigation credits as credits for this project as original impacts did not occur as anticipated.  The change in the project design does not result in increased impacts to the wetlands on the property. 


Purpose:  Housing


Drawings:  6 (Six) drawings are attached and labeled Corp No. NWP-2006-910-1 enclosure.


Additional information:  Additional information may be obtained from  Kristen Hafer, Project Manager, U.S. Army Corps of Engineers at 503-808-4387, or email: Kristen.A.Hafer@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.


Essential Fish Habitat: The Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996, requires all 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. The project area is within the known range of protected species. We are currently gathering information regarding these species and have yet to make a determination of effect. Should we find that the described activity may affect the species listed above, we will follow the appropriate course of action under Section 305(b)(2) of the Magnuson-Stevens Act. Any comments the National Marine Fisheries Service may have concerning essential fish habitat will be considered in our final assessment of the described work.


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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