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Posted: 7/29/2015

Expiration date: 8/28/2015

Public Notice

Notice of Proposed Statewide In-Lieu Fee Program Instrument Modification for 

Kilchis River Preserve In-Lieu Fee Wetland Mitigation Project 

30 Day Notice Issue Date:  July 29, 2015

Closing Date: August 28, 2015

Corps File No.:  NWP-2014-276

Interested parties are hereby notified that the U.S. Army Corps of Engineers, Portland District (Corps) is considering a proposal to modify the In-lieu Fee Program Instrument to establish a 66.43-acre wetland mitigation project, known as the Kilchis River Preserve In-lieu Fee (ILF) Project.  The ILF Project sponsor is the Oregon Department of State Lands (DSL).  

The proposed ILF Project would be located between the Kilchis River and Stasek Slough in Township 1 South, Range 10 West, Section 12  (latitude 45.4954 North and longitude 
-123.8604 West) in Tillamook County (see attachments).  A Prospectus describing the proposed ILF Project has been received from the project sponsor and is now available for public review.

The Kilchis River ILF Project is being proposed by the sponsor primarily as a means to meet the requirements for compensatory mitigation for projects which may be permitted by the Corps under the authority of Section 404 of the Clean Water Act and by the DSL in implementing the provisions of Oregon’s Removal-Fill Law (ORS 196.800 - 196.990) and according to Rules for Issuance and Enforcement of Removal and Fill Permits (OAR 141-85) and Administrative Rules for Compensatory Wetland Mitigation Banking.  The ILF Project sponsor would sell wetland credits to various parties to meet their obligations under the “no net loss of wetlands” policies of these federal and state regulations.

The proposed ILF Project will generate wetland credits by converting a diked pasture that is partly wetland to a tidally connected complex of emergent marsh, spruce swamp, tide channels, and wooded riparian uplands.   A delineation report has been submitted to the Corps for review and verification of the extent of existing wetlands and hydric soils.  This information will determine how much of the area qualifies for restoration, creation, or enhancement credit ratios and will be documented in the ILF Project Mitigation Plan.

The proposed service area, which is the area within which the mitigation credits generated by the ILF Project may be used, includes the communities of Tillamook, Bay City, Garibaldi, Rockaway Beach and Manzanita.  It consists of the following Hydrologic Unit Code (HUC) watersheds:  
  • Wilson-Trask-Nestucca watershed (HUC 8 #17100203)  
  • Nehalem watershed subbasin (HUC 10  #1710020206)

Comments received in response to this notice will be provided to the ILF Project sponsor and to the federal, state and local agencies represented on the mitigation project interagency review team.  This team will work with the ILF Project sponsor to create a detailed ILF Project Mitigation Plan that will specify the ecological goals of the project, grading and planting plans, monitoring, maintenance, and the number and schedule of wetland credits to be made available when performance standards have been met.

The prospectus, which outlines the conceptual plan for this ILF Project, is available for inspection at the Corps at the address given below.  Comments on this proposed mitigation project may be submitted in writing using the post office address below or online via the Corps website: http://www.nwp.usace.army.mil/Missions/Regulatory/Notices.aspx.  Comments should be received no later than August 26, 2015. 

Please provide comments to:

Tom Taylor
Portland District, Army Corps of Engineers
P.O. Box 2946
Portland, OR  97208

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