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Posted: 2/10/2015

Expiration date: 3/12/2015

PUBLIC NOTICE for Permit Application


                        Issue Date: Feb. 10, 2015

                                    Expiration Date: March 12, 2015

                                    US Army Corps of Engineers No: NWP-2015-043

30-Day Notice                                  Oregon Dept. of State Lands No: APP0057297



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 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

                        Benny A. Dean Jr. (Benny.A.Dean@usace.army.mil)

                        Eugene Field Office

                        211 E. 7th Ave., Suite 105

                        Eugene, OR 97401-2722

Applicant:     Lane County Public Works

                        3040 North Delta Highway

                        Eugene, OR 97408-1696


Location:      The project is located in wetlands along Green Hill Road, Mile Post 1.56 to 1.76, in Eugene, Lane Co., Ore. The site is in Section 29, 30, 31, and 32 of Township 17 South, Range 4 West.


Waterway:    There are approximately 1.72 acres of wetlands delineated in the corridor of the proposed project.

Project description: The proposed project involves discharging approximately 4,086 cubic yards of fill material into 0.87 acres of wetlands for road widening. The work also includes horizontal and vertical realignment of the road to improve the approach to the Rail Road tracks, the addition of a guardrail, the relocation of non-fish culverts, and stormwater treatment facilities. There will be an excavation of approximately 689 cubic yards of materials from 0.27 acres of wetlands to re-align the roadside ditch on the east side of the road, south of the railroad track will be moved to the east, requiring fill of the existing ditch and excavation of the new ditch. Overall the project will adversely affect 1.14 acres of wetlands.


Mitigation: The applicant has provided a proposed compensatory wetland mitigation plan for impacts to 1.14 acres of wetlands by reserving 1.14 acres of wetland credits from Oregon Dept. of Transportation’s newly created Green Hill 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: The project purpose is to improve the safety of the Rail Road crossing on Green Hill Road.


Drawings: Seven (7) drawings are attached and labeled NWP-2015-043 enclosure.


Additional information may be obtained from Benny A. Dean Jr., Project Manager, U.S. Army Corps of Engineers at 541-465-6769, or e-mail


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 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.


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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