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Posted: 10/6/2014

Expiration date: 11/5/2014

PUBLIC NOTICE for Permit Application



                        Issue Date: October 6, 2014

                                    Expiration Date: November 5, 2014

                                          US Army Corps of Engineers No: NWP-2013-252

30-Day Notice                                                                                                              Oregon Department of State Lands No: APP0056629



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

                        Danielle Erb, Danielle.H.Erb@usace.army.mil

                        PO Box 2946

                        Portland, OR  97208-2946


Applicant:       Bill McCall, Windsor Rock Products, 8425 Windsor Island Road, Keizer, OR 97303


Location:        Windsor Island Slough (Willamette River), river mile 73, Section 21, Township 6 South, Range 3 West (45.04208, -123.059686)


Waterway: Willamette River – Windsor Island Slough

Project Description:  The proposed project involves the construction of a new Windsor Island Slough Crossing to allow oversized (non-licensed) transport vehicles to carry raw material from the Windsor Rock Products (WRP) quarry expansion site to the processing facility on Windsor Island.  The existing WRP access road and slough crossing is currently utilized by licensed vehicles and was not designed to support oversized, non-licensed vehicles. 


The project area is located within the middle reach of the Windsor Island Slough.  Immediately upstream of the action area, the slough forms two distinct channels (east and west), each passing through a series of large diameter culverts under the existing access road slough crossing.  A vegetated floodplain terrace is located between the two channels.  Three wetlands are located within the project area below the Ordinary High Water Mark (OHWM) of Windsor Island Slough and will be impacted by this project. 

The access road will be approximately 700-feet long and 60-feet wide and will be constructed of an aggregate road base with riprap armoring around three culvert crossings.  Aggregate berms will be installed along the sides of the crossing to divert stormwater to treatment catch basins and swales.  Permanent impacts include the placement of approximately 990 cubic yards (cy) of sand, gravel, riprap and amended soil within 0.93 acre below the OHWM, and the removal of approximately 2,748 cy of sand, gravel, and cobble from 0.96 acre below the OHWM.  Temporary impacts include the placement of approximately 50 cy of sand bags and silt curtains within 0.01 acre below the OHWM. 


Three culverts will be installed to allow fish passage during low water events, where a 12-inch diameter corrugated metal pipe (CMP) culvert will be installed in the east channel, and two 24-inch diameter CMP culverts will be installed in the west channel of Windsor Slough.  During higher winter and spring flows, the crossing will be overtopped with water and will not be utilized during those times. 


Mitigation: The applicant has provided a proposed compensatory wetland mitigation plan for the enhancement of 0.34 acre of degraded floodplain terrace between the east and west channel, including grading, removal of existing roadway gravels, removal of invasive plant species and planting of native vegetation; enhancement of 0.54 acre of riparian vegetation along the banks of the west and east channels, including removal of invasive plant species and planting of native vegetation; and the removal of 0.04 acre of existing asphalt, concrete, and other non-native material located in the slough.  In addition, the proposed project will include the purchase of 0.14 acre of wetland mitigation credit from the Mud Slough Wetland Mitigation Bank. 


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 allow oversized transport vehicles to carry raw aggregate material from the Windsor Rock Products quarry to a processing facility on Windsor Island.


Drawing(s):  Eleven (11) drawings are attached and labeled Corps No. NWP-2013-252 Enclosure 1.


Additional Information:  Additional information may be obtained from Ms. Danielle Erb, Project Manager, U.S. Army Corps of Engineers at (503) 808-4368 or email Danielle.H.Erb@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) will be initiated.  A permit for the proposed activity will not be issued until the consultation process is completed.


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. We are currently gathering information regarding these species and have yet to make a determination of effect. Should we find that the described activity may affect the species listed above, 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 essential fish habitat will be considered in our final assessment of the described work.



Cultural Resources:  A 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.

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