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Posted: 11/28/2014

Expiration date: 12/18/2014

PUBLIC NOTICE for Permit Application                                                                                         Issue Date: November 28, 2014

Expiration Date: December 18, 2014

                                       US Army Corps of Engineers No: NWP-2012-145

20-Day Notice                                                  Oregon Dept. of State Lands No: 50098


Interested parties are hereby notified that a modification request to a Department of the Army permit for certain work in waters of the United States has been received, 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

                        Carrie Bond Carrie.L.Bond@usace.army.mil

                        P.O. Box 2946

                        Portland, OR  97208-2946

Applicant:     Oregon Dept. of Transportation – Region 2

                        455 Airport Rd. SE, Bldg. B

                        Salem, OR  97301-5395


Location:      The project modification is located on Interstate-5 at the Kuebler Road Interchange in Salem, Marion Co., Ore. The project site is in Section 13, Township 8 South, Range 3 West. Center of the project site is near latitude 44.8762, longitude -123.000.


Waterway:    The project modification will affect Upper East Fork Pringle Creek and adjacent wetlands.

Background: The Corps authorized Permit Number 2012-145, expiring on January 31, 2018, for discharge of approximately 19,643 cubic yards of fill, impacting 0.645 acre in four wetlands and 0.121 acre in West Fork Pringle Creek and an unnamed tributary, associated with redesign of the Interstate-5 (I-5) southbound interchange at Kuebler Boulevard to improve freight mobility and accommodate residential traffic. The permit and associated drawings are available upon request to the Corps Project Manager at the address listed in the Additional Information section below.

Project description: The proposed project modification involves an additional discharge of approximately 657 cubic yards of fill impacting 0.29 acre in three wetlands and 33 cubic yards of fill impacting 0.028 acre in Upper East Fork Pringle Creek to create an additional (third) southbound lane between Kuebler Boulevard and Battle Creek Road overcrossing. Rather than initiate a new project to widen I-5, the addition of a third lane is being added to the original interchange project because the project area already encompasses the section of highway where the widening is proposed to occur. The equipment to be mobilized for the original project is the same equipment necessary to add the third lane.


Mitigation: The original permit requires the applicant to implement a Compensatory Wetland Mitigation and Compensatory Non-Wetland Mitigation Plan, which consists of 1,588 linear feet of stream reconstruction with 7.5 acres of created riparian buffer as well as purchase of 0.418 acre of wetland mitigation credits from the Mud Slough Mitigation Bank. For the project modification, the applicant has proposed to purchase 0.29 acre of additional wetland mitigation credits from the Mud Slough Mitigation Bank to compensate for the additional wetland impacts. The original compensatory mitigation plan for stream reconstruction and riparian establishment would compensate for the additional waters impacts. 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 additional southbound lane is part of a larger general effort to increase highway capacity of I-5 between Salem and Albany.


Drawings: Eight (8) drawings are attached and labeled NWP-2012-145 enclosure.


Additional information may be obtained from Carrie Bond, Project Manager, U.S. Army Corps of Engineers at 503-808-4387 or email Carrie.L.Bond@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 adversely affect an endangered or threatened species or its critical habitat. Formal consultation under Section 7 of the Endangered Species Act of 1973 (87 Stat. 844) is required. 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 that an historic properties investigation has been conducted within the permit area. The project is currently being reviewed by the State Historic Preservation Office for compliance with Section 106 of the National Historic Preservation Act of 1966.


This notice has been provided to the 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 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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