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Posted: 5/19/2015

Expiration date: 6/18/2015

PUBLIC NOTICE for Permit Application

Issue Date: May 19, 2015

Expiration Date: June 18, 2015

US Army Corps of Engineers No:  NWP-2015-129

30-Day Notice Oregon Department of State Lands No:  57491

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
Regulatory Branch
Melody White; Melody.J.White@usace.army.mil
  P.O. 2946
Portland, Oregon  97208-2946

Applicant: Ms. Niki Munson, Riverside Homes, LLC, 17933 NW Evergreen Parkway, Suite 370, Beaverton, Oregon 97006

Location:   The proposed work is located at 1145 and 1255 SW 197th Avenue, Beaverton, Washington County, Oregon, in Section 1 of Township 1 South, Range 2 West (Latitude 45.511273, Longitude -122.880452)

Waterway:  There is one wetland totaling 0.763 acres on site that is comprised of the following wetland classifications: 0.58 acre palustrine emergent, 0.149 acre palustrine scrub / shrub, and 0.034 acre palustrine forested.  The wetland is in the Beaverton Creek watershed.

Project Description:  Riverside Homes, LLC has proposed to permanently fill 0.763 acre of wetland to construct a 20-lot subdivision with associated roads and water quality treatment area.  A total of 3,700 cubic yards of soil, rock, and gravel will be discharged in the wetland. The project is proposed on 3.34 acres, of which 0.763 acres are wetlands.

Mitigation: The applicant has provided a proposed compensatory wetland mitigation plan for the purchase of 0.763 acre of credit from the Butler 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:  To construct residential, single-family housing within the Beaverton area. 

Drawing(s):  Eleven (11) drawings are attached and labeled Corps No. NWP-2015-129.

Additional Information:  Additional information may be obtained from Ms. Melody White, Project Manager, U.S. Army Corps of Engineers at (503) 808-4385, or E-mail Melody.J.White@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 the permit area may yield resources eligible for inclusion in the National Register of Historic Places.  The Corps has requested additional information from the application to determine if there are eligible structures and/or sites on the property. Additional information regarding the presence of potentially eligible historic properties is justified and would be required prior to the Corps’ final permit decision.
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.

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