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Posted: 5/19/2014

Expiration date: 6/18/2014

PUBLIC NOTICE for Permit Application



                        Issue Date: May 20, 2014

                                    Expiration Date: June 18, 2014

                                    US Army Corps of Engineers No: NWP-2014-137           

30-Day Notice                                          Oregon Department of State Lands No: 56069-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

                        Chelsea Bowman                     Chelsea.B.Bowman@usace.army.mil

                        P.O. Box 2946

                        Portland, OR  97208-2946


Applicant:       Venture Properties

                        C/O: Mimi Doukas

                        4230 Galewood St, Suite 100

                        Lake Oswego, OR 97035


Location:        2465 SW Pacific Hwy (Hwy 47)

                        Section 30, Township 1N, Range 3W

                        Washington County, OR

                        Latitude: 45.538126, Longitude: -123.114366


Waterway: Council Creek

Project description: Venture Properties is proposing to construct approximately 204 single-family lots on the site. There will be approximately 0.13 acres of permanent wetland impacts and 0.02 acres of permanent water impact associated with the required Main Street crossing. There will be an additional 0.52 acres of waters associated with relocated the existing ditched drainage to the south of the existing location. The channel realignment will impact 1,335 linear feet of waters, but 1,430 linear feet of reconstructed waters is proposed. There will be 681 square feet of temporary impacts associated with the channel realignment. There will also be an 8-foot wide by 4-foot tall by 66-foot long box culvert at the B Street crossing. However, it will cross an area of the newly constructed channel, so the 528 square feet of channel that will be within the box culvert is not included in the proposed waters mitigation area.


Mitigation: The applicant has provided a proposed compensatory wetland mitigation plan for impacts to wetlands and Waters of the U.S. To compensate for permanent wetland impacts, the applicant will purchase 0.12 credits from the Tualatin Valley Environmental Bank. These bank credits will be purchased prior to issuance of the DSL permit. To mitigate for the 0.55 acres of permanent waters impact, on-site permittee-responsible mitigation is proposed. Approximately 0.68 acres of created perennial waters (channel realignment) will be reconstructed. Details for the on-site waters mitigation are included in the Silverstone Non-Wetland Compensatory Mitigation Plan, Attachment C.

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 of this project is to provide an affordable single-family residence subdivision that satisfies the needs of future resident and is compatible with the surrounding neighborhoods.


Drawings: Silverstone Subdivision, Figures 1-7F (23) drawings are attached and labeled NWP-2014-137 enclosure.


Additional information may be obtained from Chelsea Bowman, Project Manager, U.S. Army Corps of Engineers at 503-808-4383 or email Chelsea.B.Bowman@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.


            Section 103, Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413), for transport of dredged material for the purpose of dumping it into ocean waters.


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 (EFH).

-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 that: The permit area is likely to yield resources eligible for inclusion in the National Register of Historic Places. An investigation for the presence of potentially eligible historic properties is justified and would be required prior to the Corps’ final permit decision.


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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