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Posted: 2/4/2015

Expiration date: 3/6/2015

PUBLIC NOTICE for Permit Application

                        Issue Date: Feb. 4, 2015

                                    Expiration Date: March 6, 2015

                                    US Army Corps of Engineers No: NWP-2014-424

30-Day Notice                                                                                               Oregon Dept. of State Lands No: APP56549



Interested parties are hereby notified that an application has been received for a Dept. 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 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

                        Omar Ortiz, omar.m.ortiz@usace.army.mil

                        Eugene Field Office

                        211 E. 7th Ave., Ste. 105

                        Eugene, OR 97401-2722

Applicant:     Oliver Spires

                        224 Mountain View Blvd.

                        Klamath Falls, OR 97601


Location: The proposed project is located in unnamed tributaries and wetlands adjacent to Lower Crooked Creek, mile 14, in tax lot no. 1703, north of the City of Lakeview, Lake County, Oregon, Section 19 of Township 36 South, Range 21 East (Latitude: 42.4369, -120.2820)


Waterway: Unnamed tributaries and wetlands adjacent to Lower Crooked Creek, mile 14 (HUC12: 171200060302)

Project description: The applicant proposes to discharge approximately 235 cubic yard of concrete, steel, rock and native soils into unnamed tributaries and wetlands adjacent to Lower Crooked Creek to construct an earthen dam. Approximately 2.2 cubic yards of concrete and steel would be discharged to construct a 6-inch wide concrete cutoff wall. Up to 133 CY of the dam’s earthen-fill would be excavated from wetlands and waterways onsite. The dam spillway and associated outfall would be constructed with 100 CY of 12-inch riprap. The proposed dam would measure approximately 20-feet wide, 30-ft long, and 6-ft high.


The impoundment from the dam would create a reservoir storing up to 9.0 acre feet of water. The reservoir bank would be graded no more than a 3:1 horizontal/vertical slope. The reservoir’s maximum pool dimensions would measure 300-feet wide, 300-feet long, and 13.5-feet deep. The area of the reservoir at maximum storage capacity would be 1.3 acres at the water’s surface.


Construction would occur from July 2015 to September 2015 when work conditions at the site are expected to be dry. Construction equipment and materials would be staged on a neighboring site directly east of Highway 395. To maintain hydrology and minimize turbidity onsite, work area isolation methods would be utilized to pump and divert surface water flows downstream of the project area. Site restoration would involve post-construction native grass hydroseeding.


Mitigation: The applicant has not provided a proposed compensatory wetland mitigation plan. If a permit is issued, the Corps will determine what appropriate and practicable compensatory mitigation is. The amount of compensatory mitigation required shall be commensurate with the anticipated impacts of the project.

Purpose: To store water for agriculture and recreation use.


Drawings: Seven (7) drawings are attached and labeled NWP-2014-424 enclosure.


Additional information may be obtained from Omar Ortiz, Project Manager, U.S. Army Corps of Engineers at 541-465-6878 or email  omar.m.ortiz@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, 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 Dept. 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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