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Posted: 8/29/2014

Expiration date: 9/28/2014

PUBLIC NOTICE for Permit Application 

                        Issue Date: August 29, 2014

                                    Expiration Date: September 28, 2014

                                    US Army Corps of Engineers No: NWP-2014-307

30-Day Notice                                  Oregon Department of State Lands No: APP56714


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

                        Omar Ortiz, omar.m.ortiz@usace.army.mil

                        Eugene Regulatory Field Office

                        211 E. 7th Ave., Ste. 105

                        Eugene, OR  97401-2722

Applicant:     Kent Aldrich

                        3959 Croisan Mountain Dr. South

                        Salem, OR 97302-3645


Location:      The project is in Monroe, Benton Co., Ore. The site is in Section 33, Township 14 South, Range 5 West.


Waterway:    The proposed project area includes 4.95 acres of palustrine emergent and scrub-shrub wetlands, which are adjacent to Ferguson Creek, a tributary to the Long Tom River (HUC12: 1709000301110).

Project description: The applicant proposes to discharge approximately 11,376 cubic yards of fill into 4.95 acres of wetlands to construct a residential development. Fill would be composed of soil, gravel and crushed rock. Approximately 2,431 cy of native soils would be excavated from wetlands. Excavated materials will be reused onsite.


The overall project would be constructed on a 22.6-acre parcel. The applicant proposes to construct 103 single-family homes with associated streets, parking, and utilities. The site stormwater plan proposes the use of rain gardens to detain and treat impervious surface runoff. Excess stormwater would be conveyed offsite to the east through unnamed tributaries to the Long Tom River before discharge into the Long Tom River at river mile 17.



Mitigation: The applicant has proposed to purchase 4.95 acres of palustrine emergent wetland mitigation bank credits from the Mid-Valley Wetland Mitigation Bank, which is in the service area of the project. 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: To construct a residential development with associated amenities.


Drawings: Eight (8) drawings are attached and labeled NWP-2014-307 enclosure.


Additional information may be obtained from Omar Ortiz, Project Manager, U.S. Army Corps of Engineers at 541-465-6878 or email   omar.m.ortiz@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.


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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