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Posted: 12/1/2014

Expiration date: 1/1/2015

PUBLIC NOTICE for Permit Application

                        Issue Date: Dec. 1, 2014

                                    Expiration Date: Jan. 1, 2015

                                    US Army Corps of Engineers No: 2013-415

30-Day Notice                                  Oregon Department of State Lands No: APP0057025         



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

                        Joseph Sheahan joseph.e.sheahan@usace.army.mil  

                        Eugene Field Office

                        211 E. 7th Avenue, Ste. 105

                        Eugene, OR 97401-2722

Applicant:     Jeff Alvis

                        City of Jacksonville

                        110 East Main Street

                        Jacksonville OR 97530


Location:      The site is in Jackson County 1.8 miles northwest of Jacksonville, Oregon. Jackson Creek Reservoir is in Section 25, Township 37 South, Range 3 West, Latitude 42.31966, and Longitude -123.0005


Waterway: Jackson Creek River Mile 9.8 from the confluence of Bear Creek, a tributary of the Rogue River.

Project Description: The City of Jacksonville is proposing to breach Jacksonville Dam and reconstruct the creek channel. In 1999 Oregon Water Resource Dam Safety Division inspected the dam and reclassified the dam as a high hazard dam.


A coffer dam with water bypass pipe will be installed to divert Jackson Creek away from the project work area during construction. A sump will be constructed at the upstream base of the dam and a pump system will be installed to remove water remaining in the sediment wedge behind the dam. The pumped water will be filtered through a series of Geotubes® to remove sediment prior to being discharged onto the ground downstream of the project area to reduce turbidity. The City proposes to remove up to 53,800 cubic yards of soil rock and concrete and create a riprap channel by discharging up to 2,750 cubic yards of rock gravel and sand along a 1,100 foot section of Jackson Creek using typical earth moving equipment. The rock used for the riprap channel will vary in weight with 20% weighing 500-700 lbs, 30% weighing 200-500 lbs, 40% weighing 20-200 lbs and the remaining material weighing less than 20 lbs.


The material removed from the project site will be disposed on an upland abandoned quarry adjacent to the dam or placed in an upland location adjacent to the dam. The stream banks slopes will vary from 1.75 horizontal to 1 vertical to 3 horizontal to 1 vertical with a channel slope of 4 to 6 % with an average rock depth of 3 feet.


The plants for the revegetation effort will include locally sourced native trees, shrubs, and groundcover to recreate the diversity and survivability of native plants found throughout the adjoining areas within the Jackson Creek watershed.


Mitigation: 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 purpose is to remove the Jacksonville City dam and reservoir and reconstruct Jackson Creek.


Drawings: Four (4) drawings are attached and labeled Corps No. NWP-2013-415


Additional information may be obtained from Joseph Sheahan, Project Manager, U.S. Army Corps of Engineers at 541-465-6765 or email joseph.e.sheahan@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 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.


Cultural resources: An initial evaluation of the proposed project area indicates that 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, 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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