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Posted: 9/15/2014

Expiration date: 9/30/2014

PUBLIC NOTICE for Permit Application



                        Issue Date: September 15, 2014

                                    Expiration Date: September 30, 2014

                                    US Army Corps of Engineers No: NWP-2014-74 

15-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 (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

                        Richard Chong

                        PO Box 2946

                        Portland, OR  97208-2946


Applicant:       Stephen Montecucco

                         Montecucco Farms, LLC

                         4015 N. Locust Street

                         Canby, OR 97013

Location:  The construction of the dock is to take place within the Willamette River, Section 21, Township 3 South, Range 1 East, City of Canby, Clackamas County, Oregon (45.2990, -122.6887).  The proposed compensatory mitigation will take place within the Molalla River, Section 29, Township 3 South, Range 1 East, City of Canby, Clackamas County, Oregon (45.28557, -122.715905).

Waterway:  Willamette River and Molalla River

Project Description:  The proposed project involves the installation of a 16-foot by 20-foot floating dock, secured with two piles driven into the riverbed.  Two irrigation pumps already employed at the location will be placed on the dock for ease of use.  The existing pumps will include self-cleaning fish and debris screens at each pump intake.  Dock access for pump operation and maintenance will be via a 5-foot by 70-foot gangway, which includes two ten inch pump discharge pipelines and electrical power supply cables.  The piling and dock will be constructed of steel and steel framed floats and composite or expanded metal decking throughout.

Mitigation: As compensatory mitigation, the applicant is proposing to improve fishery habitat diversity within the Molalla River at Mile 1.2.  This compensatory mitigation involves the installation of large woody debris (LWD).  Specifically, the applicant is proposing to install three logs with root wads pointing into the river, secured in place with loose rock riprap ballast stone.  In addition, logs with root wads will be tied together with 1” inch manila rope and the log ends will be buried in the bank for additional stability.  Other logs and woody debris are expected to collect on the upstream side of this structure.  Construction of this LWD will cover approximately 320 square feet of the Molalla River.

Purpose:  To improve an existing irrigation pump station, located adjacent to the Willamette River, within the City of Canby, Oregon.

Drawing(s):  Drawings 1-6 of 6 are attached and labeled Corps No. NWP-2014-74.

Additional Information:  Additional information may be obtained from Richard Chong, Project Manager, U.S. Army Corps of Engineers at (503) 808-4384 or email Richard.Chong@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.

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 for this project. 

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.  Construction of this project will result in the discharge of fill material within the Molalla River and the installation of pilings within the Willamette River.  We have followed the appropriate course of action under Section 305(b)(2) of the Magnuson-Stevens Act.  Consultation with the National Marine Fisheries Service has been completed for the proposed work. 

Cultural Resources:  An initial evaluation of the proposed project area indicates that there are no known sites within the project area.  There are known sites in the vicinity that should not be affected by this undertaking.  There are no cultural resources surveys covering the project area.  There are surveys to the north of the project area that documented the sites noted above.  The GLO map for this section does not show any specific cultural features within the project area, but the map does show significant meandering of waterways in this location.  Based on the information provided above and given that this project will only be placing large woody debris within the waterway with little or no excavation, this action should have no effect on historic properties. 

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.

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