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Posted: 4/20/2015

Expiration date: 5/20/2015

PUBLIC NOTICE for Permit Application

Issue Date: April 20, 2015

Expiration Date: May 20, 2015

US Army Corps of Engineers No: NWP-2005-480/1

30-Day Notice Oregon Department of State Lands No: APP0057660

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
Benny A. Dean Jr. (Benny.A.Dean@usace.army.mil) 
Eugene Field Office
211 E. 7th Avenue, Suite 105
Eugene, Oregon  97401-2722

Applicant: Hayden Homes
2464 SW Glacier Place, Suite 100
Redmond, Oregon 97756

Location: The project is located south of Southern Pacific Railroad and north of Rocky Road in Springfield, Lane County, Oregon.  The site is in Section 5 of Township 18 South, Range 2 West.  (Longitude: 44.039° N, Longitude: 122.9526° S)

Waterway: There project site contains approximately 0.61 acres of wetlands.

Project Description: The proposed project would excavate 112.03 cubic yards of sediments and materials from 0.61 acres of wetland.  A total of 2,536.7 cubic yards of grave, rock, and asphalt will be discharged to construct a 32 lot subdivision with associated residential streets and utilities located in the City of Springfield.  All fill aggregate fill materials will be from a local quarry.  The excavated materials will be disposed in a local upland facility.  All amenities of a residential subdivision will be installed to include all necessary underground utilities.

Site History: Historically, surrounding areas had been used for agricultural practices. The site appears to have been relatively undisturbed since the 1990's. The residential areas to the southwest and north were present before 1994. Development to the east and southeast began around 2000.  Where 47th Street runs into Rocky Road Drive, along the southwestern portion of the property, an approximately 12' wide "gravel road" flanked by two shallow road ditches runs up the middle of the property to the northeast.  Ariel photographs show evidence of the road beginning in 2000.  At the southern end of the road, to the west, was a gravel pad.  In 2005, Rocky Road was paved and little appears to have changed on the lot with the exceptions of the surrounding housing developments.  The water quality/retention facility which occupies the southwestern corner of the property was originally proposed and constructed by Cozy Homes between 2006 and 2011 as part of their Corps permit (COE#NWP-2005-480) issued on 16 July 2007 to fill 0.84 acres of wetland to construct a 34-lot residential subdivision.  Cozy Homes did not complete the fill of wetlands or the residential development as proposed.  Grading appears to be the only work performed on-site under the permit issued to Cozy Homes.

Mitigation: The applicant has provided a proposed compensatory wetland mitigation plan for impacts to 0.61 acres of wetlands by purchasing 0.61 acre credits from Coyote Prairie North 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 provide residential housing within the city limits of Springfield in Lane County, Oregon.

Drawing(s):  Seven (7) drawings are attached and labeled Corps No. NWP-2005-480/1.

Additional Information:  Additional information may be obtained from Mr. 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 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 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.  The proposed work is of such limited nature and extent that little likelihood exists for the proposed project to affect an unrecorded historic property or any other type of cultural resource.

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.  The City of Springfield has found the project to be consistent with the City’s comprehensive plan and land use regulations.

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