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Posted: 7/18/2014

Expiration date: 8/16/2014

PUBLIC NOTICE for Permit Application


                        Issue Date: July 18, 2014

                                    Expiration Date: August 16, 2014

                                    US Army Corps of Engineers No: NWP-2005-430-2

30-Day Notice                                  Oregon Department of State Lands No: APP005671           



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

                        211 E. 7th Ave., Suite 105

                        Eugene OR  97401-2722

Applicant:     Hayden Homes, LLC.

                        2464 SW Glacier Pl., #110

                        Redmond OR 97756


Location:      The project is located east of Perkins Road off of Territorial Highway, in Veneta, Lane Co., Ore. The site is in Section 1, Township 18 South, Range 6 West.


Waterway:    The phase 3 project location has been delineated and 0.80 acres of wetlands were identified in the 12.03 acre site.

Project description: The Corps authorized Hayden Homes to discharge fill into 0.56 acres of wetlands for a phased development named Applegate in 2007. Phase 3 of the development was included in the plan area and included 0.07 acres of temporary impacts to place two bottomless box culverts. Hayden Homes delineated the phase 3 development site due to the expiration of their previous wetland delineation concurrence. The delineation revealed additional wetlands which were not previously in the development site. The overall plan involves constructing a 120-acre mixed-use residential community within the Urban Growth Boundary of Veneta. The community would support single-family, multi-family, and row house residences as well as some neighborhood commercial uses. The area would support between 450 to 643 housing sites and includes installing associated infrastructure including utility lines and roads.


Phase 3 of the Applegate development includes the discharge of up to 91.8 cubic yards of materials into 0.13 acres of wetlands and excavation of 182 cubic yards of material from a wetland to construct a stormwater detention pond. The phase 3 site is approximately 12.03 acres in size and entails the construction of 46 single-family residential homes. New impervious surface area is approximately 5.74 acres in size and permanent wetland impacts would occur in 0.14 acres of wetlands.


Mitigation: The applicant has provided a proposed compensatory wetland mitigation plan for impacts to 0.14 acres of palustrine scrub shrub/palustrine forested wetlands by purchasing 0.14 acre credits from the Evergreen Mitigation Bank which is in the service area of the project location.

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: Construct a residential subdivision to meet anticipated housing needs within the city of Veneta.


Drawings: Six (6) drawings are attached and labeled NWP-2005-430-2 enclosure.



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 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 evaluation of the previous project coordination with the SHPO (case #06-1665) indicates the proposed project area 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. The Corps required the applicant to notify the Corps and SHPO in the event of an inadvertent discovery.


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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