You can copy from here when filling out the rest of the page.
Michael LaDouceur is the Regulatory point-of-contact for this permit application from DuPont Fabros Technology to conduct work impacting a tributary to Waible Creek and wetlands Hillsboro, Oregon.
PUBLIC NOTICE for Permit Application
Issue Date: December 16, 2016
Expiration Date: January 16, 2017
US Army Corps of Engineers No:NWP-2016-517
30-Day Notice Oregon Department of State Lands No:59497
Interested parties are hereby notified the U.S. Army Corps of Engineers, Portland District (Corps) has received an application for a Department of the Army permit for certain work in waters of the United States, as described below and shown on the attached plans. The Corps is soliciting comments on the proposed work.
Applicant:DuPont Fabros Technology
Attention: Mr. Pete Hohm
1212 New York Avenue, NW
Suite 900
Washington, DC, 20005
Email: phohm@dft.com
Telephone: (202) 728-0044 ext. 349
Applicant’s Agent: Landau Associates
Attention: Mr. Steven Quarterman
130 2nd Avenue South
Edmonds, Washington 98020
Email: squarterman@landauinc.com
Telephone: (425) 329-0321
Location:The project site is located at approximately 1,000 feet east of the intersection of NW Helvetia Road and NW Schaaf Road in Hillsboro, Oregon. The site is in Section 15, Township 1 North, Range 2 West.
Latitude and Longitude: 45.5678117 North, 122.918371 West
Waterway:There are two aquatic resources located in the project area. The first is a tributary to Waible Creek, named Area 3, which measures approximately 1,200 linear feet long. The tributary is a ditched feature located in a depressional area surrounded by agricultural grasses. The second aquatic resource, named Area 4, is a 0.24 acre palustrine emergent wetland. The wetland boundaries and location of the ordinary high water mark shown on the project drawings have not yet been verified by the Corps. If the Corps determines the boundaries of the wetland/waters are substantially inaccurate a new public notice may be published.
Project Purpose:The applicant’s stated purpose is to provide server space and Information Technology assets.
Project Description:The proposed project is the OR1 Data Center Project. A total of 980 linear feet of stream would be placed into a pipe to construct two data centers and associated infrastructure. The stream would be piped in order to grade the property, allowing for site development.
Mitigation:The applicant proposes to avoid and minimize impacts from the project by avoiding 0.24 acre of wetland and approximately 125 linear feet of stream. The applicant would implement erosion control measures to minimize impacts on the aquatic environment. The applicant has provided a proposed compensatory wetland mitigation plan to offset losses of waters of the U.S. that may result from the proposed project. The applicant has proposed to purchase wetland credits from a mitigation bank.
Drawings:Seven (7) drawings are attached and labeled Corps No. NWP-2016-517. To access the electronic version of this public notice, go to the Portland District website at http://www.nwp.usace.army.mil/ and select Regulatory Branch Permit Information. At the Regulatory page select Regulatory Public Notices.
Authority:The proposed project will be evaluated 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.
Clean Water Act Section 404(b)(1) Guidelines:The described discharge will be evaluated for compliance with guidelines promulgated by the U.S. Environmental Protection Agency under authority of Section 404(b)(1) of the Clean Water Act. The 404(b)(1) Guidelines are the substantive criteria used in evaluating discharges of dredged or fill material into waters of the United States. Should a permit be issued, the Corps will evaluate the fill material source (i.e., borrow site) prior to the start of construction.
Water Quality Certification:Section 401 of the Clean Water Act (33 U.S.C. 1341) requires applicants to obtain a water quality certification for proposed discharges into waters of the United States. A permit for the described work will not be issued until certification has been issued or is waived from the certifying state. Attached is the state's notice for a water quality certification.
Endangered Species:Section 7 of the Endangered Species Act (ESA) (16 U.S.C 1536) requires federal agencies to consult with the National Marine Fisheries Service (NMFS) and/or U.S. Fish and Wildlife Service (USFWS) on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or that may adversely modify designated critical habitat. The Corps’ preliminary review indicates the described activity may affect an endangered or threatened species or designated critical habitat. The Corps will initiate consultation under Section 7 of the ESA. The Corps will complete the required consultation prior to finalizing a permit decision.
Essential Fish Habitat:Section 305(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) as amended (16 U.S.C 1855), requires Federal agencies to consult with the NMFS on all actions, or proposed actions, permitted, funded, or undertaken by the agency, that may adversely affect Essential Fish Habitat (EFH). The Corps’ preliminary review indicates the described activity would adversely affect EFH at the project location or in the vicinity. The Corps will initiate consultation under Section 305(b)(2) of the MSA. The Corps will complete the required consultation prior to finalizing a permit decision.
Historic Properties/Cultural Resources:Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), requires Federal agencies to consult with the appropriate State and/or Tribal Historic Preservation Officer to take into account the effects of actions they undertake or permit on historic properties listed in or eligible for listing in the National Register of Historic Places. The Corps’ preliminary review indicates the permit area is likely to yield resources eligible for inclusion in the National Register of Historic Places. An investigation for 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 at the end of this notice to assist in a complete evaluation of potential effects.
State and Local Authorizations:The applicant has also applied to the Oregon Department of State Lands for a Removal and Fill Permit.
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.
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 the proposed project. Comments received will be considered by the Corps to determine whether to issue, modify, condition or deny a permit for this proposal. 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.
Submitting Comments:Interested parties are invited to provide comments on the proposed project. Comments may be submitted by conventional mail or email. All comments received will be considered in determining whether authorizing the work would be contrary to the public interest.
Either conventional mail or e-mail comments must include the Corps reference number as shown on page 1 and include the commenter’s name and address. In order to be accepted, e-mail comments must originate from the author’s e-mail account and must include on the subject line of the e-mail message the Corps reference number. All comments received will become part of the administrative record and are subject to public release under the Freedom of Information Act including any personally identifiable information such as names, phone numbers, and addresses.
Additional information about the proposed project may be obtained from the Corps Project Manager listed below. All comments, whether by conventional mail or email, must be received no later than the expiration date of this public notice to ensure consideration. Comments should be submitted to the following mailing address or email address:
U.S. Army Corps of Engineers
Regulatory Branch
Mr. Michael LaDouceur
P.O. 2946
Portland, Oregon 97208-2946
Email: Michael.a.ladouceur@usace.army.mil
Telephone: (503) 808-4337
PUBLIC NOTICE
Oregon Department of Environmental Quality (DEQ)
Water Quality 401 Certification
Notice Issued: December 16, 2016
Written Comments Due: January 16, 2017
Corps of Engineers No: NWP-2016-517
Oregon Department of State Lands No: 59497
WHO IS THE APPLICANT:DuPont Fabros Technology, Attention: Mr. Pete Hohm
LOCATION OF CERTIFICATION ACTIVITY:See attached U.S. Army Corps of Engineers public notice.
WHAT IS PROPOSED:See attached U.S. Army Corps of Engineers public notice on the proposed project.
NEED FOR CERTIFICATION:Section 401 of the Federal Clean Water Act requires applicants for Federal permits or licenses to provide the Federal agency a water quality certification from the State of Oregon if the proposed activity may result in a discharge to waters of the state.
DESCRIPTION OF DISCHARGES:See attached U.S. Army Corps of Engineers public notice on the proposed project.
WHERE TO FIND DOCUMENTS:Documents and materials related to water quality issues as a result of the proposal are available for examination and copying at Oregon Department of Environmental Quality, 401 Water Quality Certification Coordinator, Northwest Region, 700 NE Multnomah Street, Suite 600, Portland, Oregon 97232. Other project materials are available by contacting the Corps per the attached public notice.
Scheduling an appointment will ensure that water quality documents are readily accessible during your visit. To schedule an appointment please call DEQ Water Quality at Northwest Region at (503) 229-5263.
Any questions on the water quality certification process may be addressed to the 401 Program Coordinator at (503) 229-6030 or toll free within Oregon at (800) 452-4011. People with hearing impairments may call the Oregon Telecommunications Relay Service at 1-800-735-2900.
PUBLIC PARTICIPATION:
Public Hearing:Oregon Administrative Rule (OAR) 340-48-0032 (2) states that “The Corps provides public notice of and opportunity to comment on the applications, including the application for certification, provided that the department (DEQ), in its discretion, may provide additional opportunity for public comment, including public hearing.”
Written comments:
Written comments on project elements related to water quality must be received at the Oregon Department of Environmental Quality by 5 p.m. on the date specified in the upper right section on page one of this notice. Written comments may be emailed, mailed or faxed as described below:
Email - 401publiccomments@deq.state.or.us
Mail - Oregon Department of Environmental Quality, Northwest Region
700 NE Multnomah Street, Suite 600
Portland, Oregon 97232
Attn: 401 Water Quality Certification Coordinator
Fax - (503) 229-6957
WHAT HAPPENS NEXT:DEQ will review and consider all comments received during the public comment period. Following this review, certification of the proposal may be issued as proposed, issued with conditions, or denied. You will be notified of DEQ's final decision if you submit comments during the comment period. Otherwise, if you wish to receive notification, please call or write DEQ at the above address.
ACCESSIBILITY INFORMATION:This publication is available in alternate format (e.g. large print, Braille) upon request. Please contact DEQ Office of Communications and Outreach at (503) 229-5317 or toll free within Oregon at 1-800-452-4011 to request an alternate format. People with a hearing impairment can receive help by calling the Oregon Telecommunications Relay Service at 1-800-735-2900.
G:\Projects\1621\001\010\013\JPA\F01 Vicinity Map.mxd 10/3/2016 NAD 1983 StatePlane Oregon North FIPS 3601 Feet
Hillsboro
!
!
Bend
!
Klamath Falls
Oregon
Portland
!
Salem
Medford
Eugene
!
!
!
26
£
¤
LOCATION MAP
Hillsboro
Hillsboro
Aloha
Aloha
VICINITY MAP
Data Source; Esri
30
Data Source; Esri
Tigard
Tigard
Beaverton
Beaverton
£
¤
PURPOSE: CONSTRUCTION OF DATA CENTER
TOWNSHIP/RANGE: SEC 15 TWP 1N RGE 2W
LAT/LONG: 45.5678117 N/ -122.918371 W (DATUM NAD83)
ELEVATION DATUM: NAVD88
ADJACENT PROPERTY OWNERS:
1. REFER TO JPA
26
£
¤
OR1 DATA CENTER
PROJECT AREA
CITY OF HILLSBORO, OREGON
VICINITY MAP
SITE MAP
NW JACOBSON RD
Data Source; Esri World Imagery; City of Portland GIS
PROPOSED: WETLAND IMPACTS
IN: RIVERINE WETLAND
APPLICATION BY: DUPONT FABROS TECHNOLOGY
DATE: 9-30-2016
SHEET: 1 OF 4
Enclosure
1 of 7
NWP-2016-517
RD
LVETIA
NW H
E
G:\Projects\1621\001\010\013\TaxLotMap.mxd 10/3/2016
Note
Legend
1. Black and white reproduction of this color
original may reduce its effectiveness and
lead to incorrect interpretation.
0
1,000
2,000
Subject Property
Data Source: City of Portland GIS
OR1 Data Center
DuPont Fabros Technology
Hillsboro, Oregon
NWP-2016-517
2 of 7
Scale in Feet
Tax Lot Map
Figure
Enclosure
1
d
NW
Helv
etia
R
NW Jacobson Rd
26
G:\Projects\1621\001\010\013\AerialMap.mxd 9/19/2016
£
¤
Note
Legend
1. Black and white reproduction of this color
original may reduce its effectiveness and
lead to incorrect interpretation.
0
1,000
2,000
Subject Property
Data Source: City of Portland GIS
Beaver Ventures Data Center (OR1)
DuPont Fabros Technology
Hillsboro, Oregon
NWP-2016-517
3 of 7
Scale in Feet
Aerial Map
Figure
2
Enclosure
NW Jacobson Rd
26
G:\Projects\1621\001\010\013\TopoMap.mxd 10/3/2016
£
¤
Note
Legend
1. Black and white reproduction of this color
original may reduce its effectiveness and
lead to incorrect interpretation.
0
1,000
2,000
Subject Property
Data Source: USGS/National Geographic Society, 2013.
OR1 Data Center
DuPont Fabros Technology
Hillsboro, Oregon
NWP-2016-517
4 of 7
Scale in Feet
USGS Topographic Map
Figure
Enclosure
3
WETLAND
AREA 1
1
G:\Projects\1621\001\010\013\JPA\JPA Existing Conditions.dwg | 10/3/2016
WETLAND
AREA 2
WETLAND
AREA 3
OR1 DATA CENTER
WETLAND
AREA 4
PURPOSE: CONSTRUCTION OF DATA CENTER
CITY OF HILLSBORO, OREGON
EXISTING CONDITIONS
TOWNSHIP/RANGE: SEC 15 TWP 1N RGE 2W
LAT/LONG: 45.5678117 N/ -122.918371W
ELEVATION DATUM: NAVD88
ADJACENT PROPERTY OWNERS:
1. REFER TO JPA
0
PROPOSED: WETLAND IMPACTS
IN: RIVERINE WETLAND
PROJECT
AREA
300
Scale in Feet
APPLICATION BY: DUPONT FABROS TECHNOLOGY
DATE: 9-30-16
SHEET: 2 OF 4
600
Enclosure
5 of 7
NWP-2016-517
1
POND
WETLAND
AREA 1
G:\Projects\1621\001\010\013\JPA\JPA ProjectPlanView.dwg | 10/3/2016
WETLAND
AREA 2
1
4
BUILDING 2
PROPOSED NEW 1 STORY HIGH
DATA CENTER
WETLAND
AREA 4
SHEET: 3 OF 4
DATE: 9-30-16
0
300
PROJECT
AREA
Scale in Feet
APPLICATION BY: DUPONT FABROS TECHNOLOGY
IN: RIVERINE WETLAND
PROPOSED: WETLAND IMPACTS
BUILDING 1
PROPOSED NEW 1 STORY HIGH
DATA CENTER
WETLAND
AREA 3
SUBSTATION
IMPACT AREA = 8,300 SF
POND
OR1 DATA CENTER
NOTE:
PROPOSED MITIGATION FOR
UNAVOIDABLE WETLAND
IMPACTS IS PURCHASE OF
CREDITS FROM AN APPROVED
MITIGATION BANK
PURPOSE: CONSTRUCTION OF DATA CENTER
CITY OF HILLSBORO, OREGON
PROJECT PLAN VIEW
TOWNSHIP/RANGE: SEC 15 TWP 1N RGE 2W
LAT/LONG: 45.5678117 N/ -122.918371W
ELEVATION DATUM: NAVD88
ADJACENT PROPERTY OWNERS:
1. REFER TO JPA
600
Enclosure
6 of 7
NWP-2016-517
G:\Projects\1621\001\010\013\JPA\JPA Profile.dwg | 10/3/2016
AREA 3
WETLAND
WETLAND AREA 3
OR1 DATA CENTER
WETLAND AREA 3
PURPOSE: CONSTRUCTION OF DATA CENTER
CITY OF HILLSBORO, OREGON
PROFILE
TOWNSHIP/RANGE: SEC 15 TWP 1N RGE 2W
LAT/LONG: 45.5678117 N/ -122.918371W
ELEVATION DATUM: NAVD88
ADJACENT PROPERTY OWNERS:
1. REFER TO JPA
0
150
Scale in Feet
PROPOSED: WETLAND IMPACTS
IN: RIVERINE WETLAND
APPLICATION BY: DUPONT FABROS TECHNOLOGY
DATE: 9-30-16
SHEET: 4 OF 4
300
Enclosure
7 of 7
NWP-2016-517
PUBLIC NOTICE
Application for Permit
Issue Date: December 16, 2016
Expiration Date: January 16, 2017
US Army Corps of Engineers No: NWP-2016-517
Oregon Department of State Lands No: 59497
30-Day Notice
Interested parties are hereby notified the U.S. Army Corps of Engineers, Portland District
(Corps) has received an application for a Department of the Army permit for certain work in
waters of the United States, as described below and shown on the attached plans. The Corps
is soliciting comments on the proposed work.
Applicant:
DuPont Fabros Technology
Attention: Mr. Pete Hohm
1212 New York Avenue, NW
Suite 900
Washington, DC, 20005
Email: phohm@dft.com
Telephone: (202) 728-0044 ext. 349
Applicant's Agent: Landau Associates
Attention: Mr. Steven Quarterman
130 2nd Avenue South
Edmonds, Washington 98020
Email: squarterman@landauinc.com
Telephone: (425) 329-0321
Location: The project site is located at approximately 1,000 feet east of the intersection of
NW Helvetia Road and NW Schaaf Road in Hillsboro, Oregon. The site is in Section 15,
Township 1 North, Range 2 West.
Latitude and Longitude: 45.5678117 North, 122.918371 West
Waterway: There are two aquatic resources located in the project area. The first is a tributary
to Waible Creek, named Area 3, which measures approximately 1,200 linear feet long. The
tributary is a ditched feature located in a depressional area surrounded by agricultural grasses.
The second aquatic resource, named Area 4, is a 0.24 acre palustrine emergent wetland. The
wetland boundaries and location of the ordinary high water mark shown on the project drawings
have not yet been verified by the Corps. If the Corps determines the boundaries of the
wetland/waters are substantially inaccurate a new public notice may be published.
Project Purpose: The applicant's stated purpose is to provide server space and Information
Technology assets.
Corps No. NWP-2016-517
Page 1 of 6
Project Description: The proposed project is the OR1 Data Center Project. A total of 980
linear feet of stream would be placed into a pipe to construct two data centers and associated
infrastructure. The stream would be piped in order to grade the property, allowing for site
development.
Mitigation: The applicant proposes to avoid and minimize impacts from the project by avoiding
0.24 acre of wetland and approximately 125 linear feet of stream. The applicant would
implement erosion control measures to minimize impacts on the aquatic environment. The
applicant has provided a proposed compensatory wetland mitigation plan to offset losses of
waters of the U.S. that may result from the proposed project. The applicant has proposed to
purchase wetland credits from a mitigation bank.
Drawings: Seven (7) drawings are attached and labeled Corps No. NWP-2016-517. To
access the electronic version of this public notice, go to the Portland District website at
http://www.nwp.usace.army.mil/ and select Regulatory Branch Permit Information. At the
Regulatory page select Regulatory Public Notices.
Authority: The proposed project will be evaluated 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.
Clean Water Act Section 404(b)(1) Guidelines: The described discharge will be evaluated
for compliance with guidelines promulgated by the U.S. Environmental Protection Agency
under authority of Section 404(b)(1) of the Clean Water Act. The 404(b)(1) Guidelines are the
substantive criteria used in evaluating discharges of dredged or fill material into waters of the
United States. Should a permit be issued, the Corps will evaluate the fill material source (i.e.,
borrow site) prior to the start of construction.
Water Quality Certification: Section 401 of the Clean Water Act (33 U.S.C. 1341) requires
applicants to obtain a water quality certification for proposed discharges into waters of the
United States. A permit for the described work will not be issued until certification has been
issued or is waived from the certifying state. Attached is the state's notice for a water quality
certification.
Endangered Species: Section 7 of the Endangered Species Act (ESA) (16 U.S.C 1536)
requires federal agencies to consult with the National Marine Fisheries Service (NMFS) and/or
U.S. Fish and Wildlife Service (USFWS) on all actions that may affect a species listed (or
proposed for listing) under the ESA as threatened or endangered or that may adversely modify
designated critical habitat. The Corps' preliminary review indicates the described activity may
affect an endangered or threatened species or designated critical habitat. The Corps will
initiate consultation under Section 7 of the ESA. The Corps will complete the required
consultation prior to finalizing a permit decision.
Essential Fish Habitat: Section 305(b)(2) of the Magnuson-Stevens Fishery Conservation
and Management Act (MSA) as amended (16 U.S.C 1855), requires Federal agencies to
consult with the NMFS on all actions, or proposed actions, permitted, funded, or undertaken by
the agency, that may adversely affect Essential Fish Habitat (EFH). The Corps' preliminary
review indicates the described activity would adversely affect EFH at the project location or in
Corps No. NWP-2016-517
Page 2 of 6
the vicinity. The Corps will initiate consultation under Section 305(b)(2) of the MSA. The Corps
will complete the required consultation prior to finalizing a permit decision.
Historic Properties/Cultural Resources: Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. 470), requires Federal agencies to consult with the
appropriate State and/or Tribal Historic Preservation Officer to take into account the effects of
actions they undertake or permit on historic properties listed in or eligible for listing in the
National Register of Historic Places. The Corps' preliminary review indicates the permit area
is likely to yield resources eligible for inclusion in the National Register of Historic Places. An
investigation for 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 at the end of this notice to assist in a complete evaluation of potential
effects.
State and Local Authorizations: The applicant has also applied to the Oregon Department
of State Lands for a Removal and Fill Permit.
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.
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 the proposed project. Comments received will be considered by the Corps to
determine whether to issue, modify, condition or deny a permit for this proposal. 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.
Submitting Comments: Interested parties are invited to provide comments on the proposed
project. Comments may be submitted by conventional mail or email. All comments received
will be considered in determining whether authorizing the work would be contrary to the public
interest.
Corps No. NWP-2016-517
Page 3 of 6
Either conventional mail or e-mail comments must include the Corps reference number as
shown on page 1 and include the commenter's name and address. In order to be accepted, email comments must originate from the author's e-mail account and must include on the subject
line of the e-mail message the Corps reference number. All comments received will become
part of the administrative record and are subject to public release under the Freedom of
Information Act including any personally identifiable information such as names, phone
numbers, and addresses.
Additional information about the proposed project may be obtained from the Corps Project
Manager listed below. All comments, whether by conventional mail or email, must be received
no later than the expiration date of this public notice to ensure consideration. Comments should
be submitted to the following mailing address or email address:
U.S. Army Corps of Engineers
Regulatory Branch
Mr. Michael LaDouceur
P.O. 2946
Portland, Oregon 97208-2946
Email: Michael.a.ladouceur@usace.army.mil
Telephone: (503) 808-4337
Corps No. NWP-2016-517
Page 4 of 6
PUBLIC NOTICE
Oregon Department of Environmental Quality (DEQ)
Water Quality 401 Certification
Notice Issued: December 16, 2016
Written Comments Due: January 16, 2017
Corps of Engineers No: NWP-2016-517
Oregon Department of State Lands No: 59497
WHO IS THE APPLICANT: DuPont Fabros Technology, Attention: Mr. Pete Hohm
LOCATION OF CERTIFICATION ACTIVITY: See attached U.S. Army Corps of Engineers
public notice.
WHAT IS PROPOSED: See attached U.S. Army Corps of Engineers public notice on the
proposed project.
NEED FOR CERTIFICATION: Section 401 of the Federal Clean Water Act requires applicants
for Federal permits or licenses to provide the Federal agency a water quality certification from
the State of Oregon if the proposed activity may result in a discharge to waters of the state.
DESCRIPTION OF DISCHARGES: See attached U.S. Army Corps of Engineers public notice
on the proposed project.
WHERE TO FIND DOCUMENTS: Documents and materials related to water quality issues as
a result of the proposal are available for examination and copying at Oregon Department of
Environmental Quality, 401 Water Quality Certification Coordinator, Northwest Region,
700 NE Multnomah Street, Suite 600, Portland, Oregon 97232. Other project materials are
available by contacting the Corps per the attached public notice.
Scheduling an appointment will ensure that water quality documents are readily accessible
during your visit. To schedule an appointment please call DEQ Water Quality at Northwest
Region at (503) 229-5263.
Any questions on the water quality certification process may be addressed to the 401 Program
Coordinator at (503) 229-6030 or toll free within Oregon at (800) 452-4011. People with
hearing impairments may call the Oregon Telecommunications Relay Service at 1-800-7352900.
Corps No. NWP-2016-517
Page 5 of 6
PUBLIC PARTICIPATION:
Public Hearing: Oregon Administrative Rule (OAR) 340-48-0032 (2) states that "The Corps
provides public notice of and opportunity to comment on the applications, including the
application for certification, provided that the department (DEQ), in its discretion, may provide
additional opportunity for public comment, including public hearing."
Written comments:
Written comments on project elements related to water quality must be received at the Oregon
Department of Environmental Quality by 5 p.m. on the date specified in the upper right section
on page one of this notice. Written comments may be emailed, mailed or faxed as described
below:
Email - 401publiccomments@deq.state.or.us
Mail - Oregon Department of Environmental Quality, Northwest Region
700 NE Multnomah Street, Suite 600
Portland, Oregon 97232
Attn: 401 Water Quality Certification Coordinator
Fax - (503) 229-6957
WHAT HAPPENS NEXT: DEQ will review and consider all comments received during the
public comment period. Following this review, certification of the proposal may be issued as
proposed, issued with conditions, or denied. You will be notified of DEQ's final decision if you
submit comments during the comment period. Otherwise, if you wish to receive notification,
please call or write DEQ at the above address.
ACCESSIBILITY INFORMATION: This publication is available in alternate format (e.g. large
print, Braille) upon request. Please contact DEQ Office of Communications and Outreach at
(503) 229-5317 or toll free within Oregon at 1-800-452-4011 to request an alternate format.
People with a hearing impairment can receive help by calling the Oregon Telecommunications
Relay Service at 1-800-735-2900.
Corps No. NWP-2016-517
Page 6 of 6