Portland District

Home > Media > Public Notices > Permit Application Article
Bookmark and Share Email Print


Posted: 9/8/2014

Expiration date: 10/7/2014

PUBLIC NOTICE for Permit Application


                        Issue Date: September 8, 2014

                                    Expiration Date: October 7, 2014

                                    US Army Corps of Engineers No: NWP-2014-351

30-Day Notice                                                                                                                              Oregon Department of State Lands No: N/A


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 (Corps) 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 Avenue, Suite 105

                        Eugene, Oregon  97401-2722

Applicant:     Lane County Parks

                        3050 N. Delta Highway

                        Eugene, OR 97408

Location:      The project is located at the Lane County Orchard Point Park on Fern Ridge Reservoir, near Veneta, Lane County, Oregon.  The site is in Section 3 of Township 17 South, Range 5 West.  44.11515° North, 123.28070° West.

Waterway:    Fern Ridge Reservoir.

Project Description:  Lane County Parks is proposing to dredge up to 181 cubic yards of sediments surrounding the courtesy dock at Orchard Point in Fern Ridge Reservoir from 18” to 24” below historical/original elevation. The dredging work will be completed using an excavator and the materials will be discharged into the reservoir approximately 200 feet to 400 feet from the dredging location around the courtesy dock.  A new cast-in-place concrete pier and abutment will be discharge to construct a re-aligned courtesy dock with 12 inch steel piling.

Mitigation: The applicant has not proposed mitigation for 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:  The project purpose is to maintain navigational use of the marina.

Drawing(s):  Twelve (12) drawings are attached and labeled Corps No. NWP-2014-351.

Additional Information:  Additional information may be obtained from Mr. 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 that the described activity will not affect endangered species. Consultation under Section 7 of the Endangered Species Act of 1973 (87 Stat. 844) is not required for the described activity.

Cultural Resources:  An historic properties investigation has been conducted within the permit area.  No sites determined eligible for or listed on the National Register of Historic Places were found to exist within the permit area.

This notice has been provided to the State Historic Preservation Office (SHPO), 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 on page 1 of 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.

permit application public notice regulatory