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Posted: 9/3/2015

Expiration date: 9/21/2015

PUBLIC NOTICE for Permit Application

Issue Date: August 20, 2015

Expiration Date: September 21, 2015

US Army Corps of Engineers No: NWP-2006-6

30-Day Notice Oregon Department of State Lands No: 35733

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
Attention: Carrie Bond 
P.O. 2946
Portland, Oregon  97208-2946

Applicant: Nicholas Testa, Oregon Department of Transportation, 3700 SW Philomath Blvd, Corvallis, Oregon 97330

Location: The project is located on Highway 20 in Eddyville, Lincoln County, Oregon. 
Township       Range         Section     Tax Map    
 Tax Lot
 10 South
 10 West
 36  10 10  ODOT R/W
 10 South
 10 West
 36  10 10  ODOT R/W
 11 South
 9 West
 4  11 09  11-09-04-00-00600-00
 11 South
 9 West
 4  11 09
 11 South
 9 West
 4  11 09
 11 South
 9 West
 4  11 09
 11 South
 9 West
 4  10 09  10-09-32-00-00900-00

Waterway: The affected waterways are within Cougar Creek main stem, Crystal Creek main stem, and Eddy Creek Tributary C.

Project Description: The Permittee is requesting a modification to improve the stability of several active landslides along a new highway alignment for U.S. 20 by creating buttresses at the toe of the slides. This work entails placing fill in valley bottoms within Cougar Creek main stem, Crystal Creek main stem, and Eddy Creek Tributary C. This work will affect wetlands and waters.  In addition, this modification will entail improving a curve at the west end of the project that involves two unnamed drainages @ MP 15.99 & 16.15 (waters only).  Drainage improvements (conveyance) at the Alsea Veneer Mill site are also expected that will affect one small depressional wetland feature.  The 2015 PME project impacts to wetlands/waters are associated with in-water work related to placement of new buttress materials, culverts, and excavation primarily.  Construction will also require temporary water management, fish salvage, and re-vegetation activities that may extend to OHW elevations in places.

Modified buttress construction at Crystal Creek. Cougar Creek, Eddy Creek Tributary C, and west end construction will permanently impact 18,208 ft2 (0.418 ac) of wetlands and 17,424 ft2 (0.400 ac) of waters in total. Additional wetlands/waters impacts will be required for the Bull Creek and Big Elk Creek mitigation sites, which will be described in the 2015 off-site mitigation plan.

Overall the 2015 PME project will move approximately 4.3 million cubic yards of earth, add 894 feet of new culverts (300 ft. Cougar, 293 ft. Crystal, 216 ft. Eddy C, and 85 ft. Unnamed Creek MP 15.99), finish the 5.37 miles of new roadway, add 100+ miles of horizontal drains, 308 ground/rock anchors, trench drains, maintain the four bridges (Little Elk, Cougar, Trapp & Yaquina) and complete mitigation at the Little Elk Creek, Yaquina River, and Poole Slough. Similarly, 2015 fish passage is occurring off-site at Bull Creek. 

Mitigation: The applicant has provided a proposed compensatory wetland mitigation plan to compensate for wetland and waters impacts.  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 improve stability of several active landslides along a new highway alignment for U.S. 20.

Drawing(s): Thirteen (13) drawings are attached and labeled Corps No. NWP-2006-6

Additional Information: Additional information may be obtained from Ms. Carrie Bond, Project Manager, U.S. Army Corps of Engineers at (503) 808-4387, or E-mail Carrie.L.Bond@usace.army.mil.

Authority: This permit will be issued or denied under the following:

Section 10, Rivers and Harbors Act 1899 (33 U.S.C. 403), for work in or affecting navigable waters of the United States.

Section 404, Clean Water Act (33 U.S.C. 1344), for discharge of dredged or fill material into waters of the United States.

Section 103, Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413), for transport of dredged material for the purpose of dumping it into ocean waters.

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 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 permit area has been so extensively modified by modern development that little likelihood exists for the proposed project to affect an undisturbed 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.

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