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Posted: 9/30/2014

Expiration date: 10/30/2014

PUBLIC NOTICE for Permit Modification


                        Issue Date: September 30, 2014

                                    Expiration Date: October 30, 2014

                                    US Army Corps of Engineers No: NWP-2006-930/2 

30-Day Notice                                                                                                              Oregon Department of State Lands No: 37557-RF   



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

                        Ms. Andrea Wagner, andrea.r.wagner@usace.army.mil

                        Eugene Field Office

                        211 E. 7th Avenue, Suite 105

                        Eugene, Oregon  97401-2722

Applicant:     M. Scott Clark

D. R. Horton

4380 SW Macadam Ave., Suite 100

                        Portland, Oregon 97239-6403

Location:      The project is located off NW Arlington Drive, in Albany, Benton County, Oregon. The site is in Section 26 of Township 10 South, Range 4 West. 


Waterway: The project is located in 8,023 square feet of wetlands. The wetlands extend outside of the project area and are part of a surface water tributary system connecting to the Willamette River.

Project Description:  This project involves the construction of additional water and sewer utility lines to service the developing Benton Woods subdivision.  In 2007 the Corps authorized the applicant to permanently fill 3.95 acres of wetlands to construct all phases of the subdivision, including phase 3.  The 2007 permit required the purchase of 2.5 credits from a mitigation bank, 2.78 acres of on-site wetland creation, and 6.25 acres on-site wetland enhancement.  The construction of the additional utility lines would require approximately 769 cubic yards of native soil to be excavated down to 12 feet for the sewer main and down to 7 feet for the water main.  Trenches would be 2 feet wide.  The length of the trenches in jurisdictional waters totals 1,237 feet.  The trenches would be backfilled up to 829 cubic yards with backfill soil and crushed quarry rock.  A gravel access road would be constructed within a previous platted right-of-way.  The road bed and road grade would have a total width of 12 feet and a depth of 12 inches of compacted crushed quarry rock.  The finished grade of the access road will match or be lower than the existing ground to allow hydrology to flow freely.  Approximately 8,023 square feet of wetlands would be permanently impacted. 


Mitigation: The applicant has purchased 8,023 square feet credits from Mid-Valley Wetland Mitigation Bank as compensatory wetland mitigation.  If a permit is issued, the Corps will determine what is appropriate and practicable compensatory mitigation is.  The amount of compensatory mitigation required shall be commensurate with the anticipated impacts of the project.

Purpose:  The project purpose is to provide water and sewer utility lines to phase 3 of the pre-authorized residential development Benton Woods.  The utility lines would be installed in an adjacent subdivision, Scenic Heights, as proposed by the City of Albany Public Works department.  The installation of utility lines in this manner would facilitate further development of the Scenic Heights subdivision.


Drawing(s):  Five (5) drawings are attached, labeled Corps No. NWP-2006-930/2


Additional Information:  Additional information may be obtained from Ms. Andrea Wagner, Project Manager, U.S. Army Corps of Engineers at (541) 465-6882 or email   andrea.r.wagner@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 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 (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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