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Posted: 8/11/2014

Expiration date: 9/10/2014

PUBLIC NOTICE for Permit Application



                        Issue Date: August 11, 2014

                                    Expiration Date: September 10, 2014

                                    US Army Corps of Engineers No: NWP-2014-300           

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



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

                        Karla G. Ellis karla.g.ellis@usace.army.mil

                        P.O. Box 2946

                        Portland, OR  97208-2946


Applicant:       Joel Howie, Clackamas County Dept. of Transportation and Development

                         150 Beavercreek Rd., Oregon City, OR 97045


Location:        The proposed project is located along East Barlow Trail Road, Milepost 6, near Welches, Clackamas County, Oregon (Sections 33 and 34, Township 2 South, Range 7 East).


Waterway: Sandy River

Project Description: The proposed project involves bank stabilization, including a riprap revetment, Mechanically Stabilized Earth (MSE) wall, large woody debris (LWD) installation and plantings.


The project would involve work along a 360 linear foot section of the Sandy River. Work area isolation will take place over an area measuring 460 linear feet. A revetment measuring approximately 360 feet long by 30 feet wide (20 feet high) and approximately 5 feet thick would be constructed using Class 10,000 riprap. The revetment would extend from the 25-year flood event river stage to scour depth. The riprap revetment would include seven pieces of LWD with attached rootwads. Three pieces of LWD would be placed in close proximity on the upstream end of the project and the remaining four pieces would be spaced along the downstream end of the work area. Willow pole bundles would be incorporated into the revetment at or below the Ordinary High Water (OHW) mark. A total of 1,443 cubic yards (CY) of riprap would be placed, of which 713 cubic yards would be placed below OHW and 730 CY above OHW, outside of Corps jurisdiction.


The application states the slope of the revetment would be constructed at a 1:1.5 ratio. To avoid channel encroachment, installation of the revetment will necessitate an MSE wall at the top of the revetment. The design would not incorporate top dressing with soil above the OHW elevation, due to concern over the viability of plantings and the loss of soil during high flow events. Plantings would consist of 220 willow pole bundles incorporated within the riprap during revetment construction and upland site restoration plantings.


To facilitate work area isolation, a total of 261 CY of sand bags would be temporarily placed below the OHW over a distance of 460 linear feet.


A total of 3,834 CY of fill material would be placed over an area measuring 0.405 acre, and a total of 3,834 CY of material would be removed for the entire project. Removal and fill volumes include temporary isolation measures and reworking of native bed materials.


Mitigation: To compensate for impacts to the aquatic environment, the applicant proposes the large woody debris, willow bundles, and native upland plantings.

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 the project is to stabilize the bank adjacent to East Barlow Trail Road.


Drawings: Twenty (20) drawings are attached and labeled Corps No. NWP-2014-300.


Additional information may be obtained from Karla G. Ellis, Project Manager, U.S. Army Corps of Engineers, at 503-808-4377 or email karla.g.ellis@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) has been completed by the Federal Highways Administration.


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 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 EFH 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. 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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