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Benny Dean is the Regulatory point-of-contact for this permit application from J.Conser and Sons, LLC, to conduct work impacting wetlands located in Philomath, Oregon.

PUBLIC NOTICE for Permit Application

Issue Date: February 7, 2017 Expiration Date: March 8, 2017 US Army Corps of Engineers No: NWP-2017-00049 30-Day Notice Oregon Department of State Lands No: APP0059825

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: J. Conser and Sons, LLC. Attention: Matthew Conser 1010 Airport Road, SE Albany, Oregon 97322 Email: mjconser1981@gmail.com Telephone: (541) 791-9310

Applicant’s Agent: Geo Resources, LLC. Attention: Allen Martin P.O. Box 71852 Springfield, Oregon 97475 Email: georesources@comcast.net Telephone: (541) 946-1013

Location:The project site is located at the NE corner of 19th Street and College Street in Philomath, Benton County, Oregon. The site is in Section 12 of Township 12 South, Range 6 West. Latitude and Longitude: 44.541883° North, 123.358160° West

Waterway:A total of 0.79 acres of wetlands were delineated on the 3.18 acre property under review. The Corps has reviewed and agrees with the boundaries portrayed in the project drawings.

Project Purpose: The applicant’s stated purpose is to provide 1 and 2 bedroom unit apartment housing within the City of Philomath.

Project Description:The proposed project is the Acorn Place Apartments. Up to 1,342 cubic yards of soils and vegetation would be excavated from 0.79 acres of wetlands and up to 5,098 cubic yards of soil and granular material would be discharged into the 0.79 acres of wetlands to facilitate the construction of the apartment housing development. The development would include stormwater facilities, water treatment facilities, parking areas, recreational amenities, landscaping, and open space. A total of 84 units are proposed for the Acorn Park Apartments.

Mitigation:The applicant proposes to avoid and minimize impacts from the project by installing water retention basins to provide some flow offsite to the adjacent wetland areas. 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 mitigation proposed would be a purchase of 0.79 mitigation bank credits from the Long Tom Mitigation Bank; the proposed project is located within the service area of the bank. The purchase of credits at the bank would offset the wetland functions and values impacted by the proposed project, provide local replacement for locally important wetlands, and minimize temporal loss. The Corps will determine the type and amount of compensatory mitigation necessary to offset environmental losses from the proposed project.

Drawings: Sixteen (16) drawings are attached and labeled Corps No. NWP-2017-00049. Copies of this public notice, which have been mailed or otherwise physically distributed, feature project drawings in black and white. The electronic version features those drawings in color, which we think more accurately illustrates the proposed project. 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. The source of the fill material would be from a local commercial source.

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 has initiated 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 has initiated 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 a historic properties investigation has been conducted within the permit area. No sites determined eligible for or listed on the National Register of Historic Places were found to exist within the permit area.

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 obtained approval from the City of Philomath and will be applying for the following additional governmental authorizations for the project: Oregon Department of State Lands Removal-Fill Permit, Oregon Department of Environmental Quality 401 Water Quality Certification

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 Benny A. Dean Jr. Eugene Field Office 211 E. 7th Avenue, Suite 105 Eugene, Oregon 97401-2722 Email: Benny.A.Dean@usace.army.mil Telephone: (541) 465-6769

PUBLIC NOTICE Oregon Department of Environmental Quality (DEQ) Water Quality 401 Certification

Notice Issued: February 7, 2017 Written Comments Due: March 8, 2017 Corps of Engineers No: NWP-2017-00049 Oregon Department of State Lands No: APP0059825

WHO IS THE APPLICANT: J. Conser and Sons, LLC.

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.

N 19th Street and College Street Benton County Tax Lot 12 06 12 AC 3900 Philomath, OR 97370

FIGURE 2: TOPOGRAPHIC MAP 800

0

800 Feet

Geo Resources, LLC

Scale: 1:9,600

1600

Scale: 1" =400' Source: USGS DRG Benton County Drafted: 1/12/17

FIGURE 4: 2014 AERIAL

N 19th Street and College Street Benton County Tax Lot 12 06 12 AC 3900 Philomath, OR 97370 100

Geo Resources, LLC

0

100 Feet Scale: 1:1,200

200

Scale: 1" = 100' Source: Philomath 3" resolution orthphoto Flown: 8/09/2014 Drafted: 1/12/17

BARSCALE 100

50

NORTH 19th STREET

0

COLLEGE STREET EXISTING SURFACE DRAINAGE PATTERN

EXISTING WETLAND DELINEATED BY ALLEN MARTIN OF GEORESOURCES: 0.79 ACRES

EXISTING CONTOUR ELEVATION

PROJECT LIMITS: 3.18 ACRES

VERTICAL DATUM -- NAVD 88 Date

JAN 17, 2017

Project 16-074 CONSER PHILOMATH Drawn by MLM Checked by BSV

EXISTING CONTOUR ELEVATIONS

WETLAND FILL/REMOVE PERMIT ACORN PLACE APARTMENTS

PHILOMATH, OREGON

UDELL ENGINEERING AND

LAND SURVEYING, LLC 63 EAST ASH ST. LEBANON, OREGON, 97355 541-451-5125

SHEET

FIG 6

of

SCALE: AS NOTED

150

PROPOSED DETENTION BASIN #1

279' PARKIN

G

BARSCALE

A 0

50

100

PROPOSED WQ BASIN #1

PROPOSED BUILDING

PROPOSED WQ BASIN #4

PARKING

PROPOSED BUILDING

A

276'

PROPOSED BUILDING

278'

279'

PROPOSED WQ BASIN #5

PROPOSE

D BUILD IN

PROPOSED WQ BASIN #2

PROPOSED BUILDING

PARKING

G

IN

PROPOSED DETENTION BASIN #2

278'

PROPOSED WQ BASIN #3

PROPOSED BUILDING

279'

RK

PARKING

NORTH 19th STREET

PROPOSED BUILDING

PA

PROPOSED BUILDING

G

8'

PROPOSED WQ BASIN #6

27

7'

27

COLLEGE STREET

EXISTING WETLAND DELINEATED BY ALLEN MARTIN OF GEORESOURCES: 0.79 ACRES

PROPOSED WETLAND DISTURBANCE: 0.79 ACRES

PROJECT LIMITS: 3.18 ACRES

Date

JAN 17, 2017

Project 16-074 CONSER PHILOMATH Drawn by MLM Checked by BSV

PROPOSED DEVELOPMENT PLAN

WETLAND FILL/REMOVE PERMIT ACORN PLACE APARTMENTS

PHILOMATH, OREGON

UDELL ENGINEERING AND

LAND SURVEYING, LLC 63 EAST ASH ST. LEBANON, OREGON, 97355 541-451-5125

SHEET

FIG 7a

of

SCALE: AS NOTED

150

Checked by BSV

MLM

CROSS SECTION A-A

WETLAND FILL/REMOVE PERMIT

ACORN PLACE APARTMENTS

PHILOMATH, OREGON

N. 19TH STREET

EDGE OF EXISTING WETLAND

EXCAVATION AND FILL IN UPLANDS

UDELL ENGINEERING

LAND SURVEYING, LLC

AND

63 EAST ASH ST. LEBANON, OREGON, 97355 541-451-5125

SHEET

- PROPOSED EXCAVATION IN UPLAND

PROPOSED DEVELOPMENT FINISH ELEVATION

EXCAVATION LIMIT

EXISTING GROUND

BUILDING FLOOR ELEVATION-278.5'

EDGE OF EXISTING WETLAND THIS PROJECT

PROPERTY LINE PROJECT LIMIT PROPOSED DETENTION AREA

270'

274'

278'

282'

0

20'

40'

BARSCALE

SEE SHEET 7a FOR SECTION A-A LOCATION

- PROPOSED EXCAVATION IN WETLAND

- PROPOSED FILL IN UPLANDS

EXCAVATION AND FILL IN WETLANDS

BUILDING FLOOR ELEVATION-279.5'

PROPERTY LINE/ PROJECT LIMITS

- PROPOSED FILL IN WETLANDS

- EXISTING WETLAND

LEGEND

270'

274'

278'

282'

0+00

JAN 17, 2017

1+00

Project 16-074 CONSER PHILOMATH Drawn by

2+00

Date

of

FIG 7b

SCALE: AS NOTED

60'

0'

2'

4'

AREA DRAIN TO CAPTURE UPSTREAM DRAINAGE

FFE = 278.5'

FFE = 2 79.5'

FFE = 278.5'

FFE = 278.5'

279'

278'

PARKING

NORTH 19th STREET

G

IN

RK

PA

PARKING

G

FFE = 279.5'

150

PROPOSED BUILDING

D BUILD IN

PROPOSED BUILDING

100

PROPOSED BUILDING

PROPOSE

50

PROPOSED BUILDING

279'

G

0

FFE = 278.5'

PARKIN

BARSCALE

A

PROPOSED BUILDING

279' PARKING

FFE = 279.5'

PROPOSED BUILDING

A

276'

PROPOSED BUILDING

278'

8'

27

7'

27

COLLEGE STREET

LEGEND 279'

DEVELOPMENT EARTHWORK SUMMARY

PROPOSED CONCEPTUAL CONTOUR ELEVATION

EXISTING CONTOUR ELEVATION

OVERFLOW INLET SURFACE FLOW OF STORM WATERS Date

JAN 17, 2017

Project 16-074 CONSER PHILOMATH Drawn by MLM Checked by BSV

TOTAL EXCAVATION IN WETLAND TOTAL FILL IN WETLAND

= 1,342 C.Y. = 5,098 C.Y.

TOTAL EXCAVATION IN DEVELOPMENT TOTAL FILL IN DEVELOPMENT

= 4,267 C.Y. = 11,132 C.Y.

VERTICAL DATUM -- NAVD 88

PROPOSED CONCEPTUAL GRADING PLAN

WETLAND FILL/REMOVE PERMIT ACORN PLACE APARTMENTS

PHILOMATH, OREGON

UDELL ENGINEERING AND

LAND SURVEYING, LLC 63 EAST ASH ST. LEBANON, OREGON, 97355 541-451-5125

SHEET

FIG 9

of

SCALE: AS NOTED

PROPOSED BUILDING

PARKIN

G

G

IN

RK

PARKING

NORTH 19th STREET

PARKING

D BUILD ING

PROPOSED WQ BASIN #6

PROPOSED BUILDING

PROPOSED BUILDING

PROPOSE

PA

PROPOSED BUILDING

PROPOSED WQ BASIN #5

PROPOSED BUILDING

PROPOSED DETENTION BASIN #1

PROPOSED BUILDING

PROPOSED WQ BASIN #4

PARKING

PROPOSED BUILDING

AREA DRAIN TO CAPTURE AND PASS UPSTREAM DRAINAGE

BARSCALE 0

50

100

PROPOSED WQ BASIN #1 PROPOSED FLOW CONTROL MH #1

EXISTING STORM PIPE

PROPOSED FLOW CONTROL MH #1 PROPOSED WQ BASIN #2 PROPOSED DETENTION BASIN #2 PROPOSED WQ BASIN #3

COLLEGE STREET

LEGEND OVERFLOW INLET SURFACE FLOW OF STORM WATERS SD

EXISTING STORM PIPE PROPOSED STORM PIPE

Date

JAN 17, 2017

Project 16-074 CONSER PHILOMATH Drawn by MLM Checked by BSV

VERTICAL DATUM -- NAVD 88

PROPOSED STORMWATER MANAGEMENT PLAN

WETLAND FILL/REMOVE PERMIT ACORN PLACE APARTMENTS

PHILOMATH, OREGON

UDELL ENGINEERING AND

LAND SURVEYING, LLC 63 EAST ASH ST. LEBANON, OREGON, 97355 541-451-5125

150

SHEET

FIG 10a

of

SCALE: AS NOTED

SEE PLAN

SWALE DEPTH VARIES (18" MAX.) 2" OVERFLOW

3:1 MAX. SIDE SLOPES (TYP.)

WIDTH VARIES FLAT BOTOM

18" GROWING MEDIUM

1' DRAIN ROCK

UNDERDRAIN PLANTINGS: THE WATER QUALITY BIO-INFILTRATION BASINS SHALL BE PLANTED PER APPENDIX F.3 OF THE 2014 CITY OF PORTLAND STORM WATER MANAGEMENT MANUAL.

TYPICAL WATER QUALITY BASIN

1 FIG 10b

Date

JAN 17, 2017

Project 16-074 CONSER PHILOMATH Drawn by MLM Checked by BSV

WATER QUALITY INFILTRATION BASIN DETAIL

WETLAND FILL/REMOVE PERMIT ACORN PLACE APARTMENTS

PHILOMATH, OREGON

UDELL ENGINEERING AND

LAND SURVEYING, LLC 63 EAST ASH ST. LEBANON, OREGON, 97355 541-451-5125

SHEET

FIG 10b

of

SCALE: AS NOTED

CATCH BASIN RIM FOR OVERFLOW 3 MAX

WATER QUALITY PLANTINGS 1 BASIN BOTTOM 18" AMENDED SOIL

STORM PIPE

FLOW 12" DRAINROCK

6" DIA. PERFORATED UNDER DRAIN. PERFORATION ON TOP OF PIPE ONLY.

18" MIN.

NATIVE SOILS

1

WATER QUALITY DISCHARGE AND OVERFLOW

FIG 10c

Date

JAN 17, 2017

Project 16-074 CONSER PHILOMATH Drawn by MLM Checked by BSV

WATER QUALITY INFILTRATION OUTLET

WETLAND FILL/REMOVE PERMIT ACORN PLACE APARTMENTS

PHILOMATH, OREGON

UDELL ENGINEERING AND

LAND SURVEYING, LLC 63 EAST ASH ST. LEBANON, OREGON, 97355 541-451-5125

SHEET

FIG 10c

of

SCALE: AS NOTED

INLET PIPE

STANDARD 60" DIA. CONCRETE MANHOLE

OUTLET PIPE

INLET PIPE

PLAN

16 GA., 3" WIDE STAINLESS STEEL STRAP SECURED WITH APPROVED STAINLESS STEEL ANCHOR BOLTS AND WASHERS

OVERFLOW ELEV. = 277.30' FLOWLINE = 276.00'

ANCHOR BOLTS EMBEDDED 3" (min.)

12" 15"

INSTALL APPROVED MANUFACTURED PLUG OR CAP DRILLED WITH ORIFICE DIAMETER = 2.75"

15"x15" TEE, SIZE AS REQUIRED.

15" INLET PIPE

OUTLET

PIPE

12" 24" INSTALL FERNCO DONUT OR APPROVED EQUAL AS REQUIRED.

INSTALL APPROVED MANUFACTURED PLUG OR CAP DRILLED WITH ORIFICE DIAMETER = 0.5"

1 FIG 10d

Date

JAN 17, 2017

Project 16-074 CONSER PHILOMATH Drawn by MLM Checked by BSV

STORM DRAIN FLOW CONTROL MH DETAIL#1

FLOW CONTROL MANHOLE

WETLAND FILL/REMOVE PERMIT ACORN PLACE APARTMENTS

PHILOMATH, OREGON

UDELL ENGINEERING AND

LAND SURVEYING, LLC 63 EAST ASH ST. LEBANON, OREGON, 97355 541-451-5125

SHEET

FIG 10d

of

SCALE: AS NOTED

INLET PIPE

STANDARD 60" DIA. CONCRETE MANHOLE

OUTLET PIPE

INLET PIPE

PLAN

16 GA., 3" WIDE STAINLESS STEEL STRAP SECURED WITH APPROVED STAINLESS STEEL ANCHOR BOLTS AND WASHERS

OVERFLOW ELEV. = 277.90' FLOWLINE = 276.50'

ANCHOR BOLTS EMBEDDED 3" (min.)

12" 15"

INSTALL APPROVED MANUFACTURED PLUG OR CAP DRILLED WITH ORIFICE DIAMETER = 3.75"

15"x15" TEE, SIZE AS REQUIRED.

15" INLET PIPE

OUTLET

PIPE

12" 24" INSTALL FERNCO DONUT OR APPROVED EQUAL AS REQUIRED.

INSTALL APPROVED MANUFACTURED PLUG OR CAP DRILLED WITH ORIFICE DIAMETER = 0.625"

1 FIG 10e

Date

JAN 17, 2017

Project 16-074 CONSER PHILOMATH Drawn by MLM Checked by BSV

STORM DRAIN FLOW CONTROL MH DETAIL#2

FLOW CONTROL MANHOLE

WETLAND FILL/REMOVE PERMIT ACORN PLACE APARTMENTS

PHILOMATH, OREGON

UDELL ENGINEERING AND

LAND SURVEYING, LLC 63 EAST ASH ST. LEBANON, OREGON, 97355 541-451-5125

SHEET

FIG 10e

of

SCALE: AS NOTED

6.0' FENCE PROPERTY LINE

6.0' FENCE

VARIES (12.0' NORTH BASIN/13.0' SOUHT BASIN) FINISH GRADE

MAXIMUM WATER LEVEL (5-YR PRE-DEVELOPMENT RELEASE) (25-YR DEVELOPED STORM)

12" FREEBOARD

EXISTING GROUND

RETAINING WALL DESIGN BY STRUCTURAL ENGINEER

1

1.50'

36" MAX. DEPTH

BOTTOM OF DETENTION BASIN TO SLOPE LONGITUDINALLY AT 1.0% TO OUTFALL.

RETAINING WALL DESIGN BY STRUCTURAL ENGINEER

DETENTION BASIN TYPICAL SECTION

FIG 10f

Date

JAN 17, 2017

Project 16-074 CONSER PHILOMATH Drawn by MLM Checked by BSV

DETENTION BASIN

WETLAND FILL/REMOVE PERMIT ACORN PLACE APARTMENTS

PHILOMATH, OREGON

UDELL ENGINEERING AND

LAND SURVEYING, LLC 63 EAST ASH ST. LEBANON, OREGON, 97355 541-451-5125

SHEET

FIG 10f

of

SCALE: AS NOTED

2

PROPOSED BUILDING

PROPOSED BUILDING

4

3

6

3

(TYP)

PROPOSED BUILDING

PARKING

6

G

ED B UIL

DING

50

100

2

6

3

POS

0

(TYP)

PARKIN

PRO

BARSCALE

(TYP)

3 (TYP)

PARKING

3 R PA

3

3

(TYP)

(TYP)

EROSION CONTROL LEGEND BIOFILTER BAG INLET BARRIER TYPICAL AROUND ALL CATCH BASINS

6

BIOFILTER BAG INLET BARRIER TYPICAL AT BASIN INLETS

(TYP)

5

CONSTRUCT SEDIMENT FENCE OR COIR LOG OR WATTLES ALONG PROJECT BOUNDARY LINES AS PER DETAIL

3

PROPOSED BUILDING

G

N KI

6

PARKING

NORTH 19th STREET

PROPOSED BU ILDING

PROPOSED BUILDING

6

EXISTING RUNOFF FLOW DIRECTION

(TYP)

PROPOSED RUNOFF FLOW DIRECTION

TEMPORARY AND PERMANENT SEEDING

CHECK DAM

1

COLLEGE STREET

2

ESCP SITE INFO SOIL TYPE: (BENTON CO. AREA (OR639)) 85, HOLCOMB SILT LOAM,100%

EROSION CONTROL NOTES 1

CONSTRUCT GRAVEL ENTRANCE AS CONSTRUCTION ENTRANCE PER DETAIL 855.

4

STAGING AND SOIL STOCKPILE AREA. SEE DRAWING NO. 810 ON FIG. 12b FOR COVERING DETAILS.

2

INSTALL SEDIMENT FENCE PER DETAIL 092. ADJUST LOCATION AS GRADING AND CONSTRUCTION ONSITE REQUIRES TO PREVENT SEDIMENT FROM LEAVING SITE.

5

INSTALL LINED CONCRETE TRUCK WASH DOWN AREA. CONTRACTOR SHALL BE CAUTIOUS TO NOT OVER FILL CONTAINER.

INSTALL INLET PROTECTION FOR CATCH BASINS AND BASIN INLETS PER DETAIL 091. USE BIO-BAGS AND INSTALL SEDIMENT FILTER MATERIAL OR SILTSACK UNDER THE BASIN GRATE.

6

INSTALL CHECK DAMS AT SWALES, PER DETAIL 845.

3

Date

JAN 17, 2017

Project 16-074 CONSER PHILOMATH Drawn by MLM Checked by BSV

EROSION CONTROL PLAN

WETLAND FILL/REMOVE PERMIT ACORN PLACE APARTMENTS

PHILOMATH, OREGON

UDELL ENGINEERING AND

LAND SURVEYING, LLC 63 EAST ASH ST. LEBANON, OREGON, 97355 541-451-5125

SHEET

FIG 11a

of

SCALE: AS NOTED

150

FOR FURTHER INFORMATION ON DESIGN CRITERIA SEE CHAPTER 4 OF CLEAN WATER SERVICES EROSION PREVENTION AND SEDIMENT CONTROL PLANNING AND DESIGN MANUAL.

30"

60"

6"

FOR FURTHER INFORMATION ON DESIGN CRITERIA SEE CHAPTER 4 OF CLEAN WATER SERVICES EROSION PREVENTION AND SEDIMENT CONTROL PLANNING AND DESIGN MANUAL.

FOR FURTHER INFORMATION ON DESIGN CRITERIA SEE CHAPTER 4 OF CLEAN WATER SERVICES EROSION PREVENTION AND SEDIMENT CONTROL PLANNING AND DESIGN MANUAL.

MINIMUM 12" OVERLAP OF SEAMS.

BARRIER REQUIRED @ TOE OF SLOPE.

DETAIL #091

PLASTIC SHEETING NOTES:

NOTE: 1. REGULAR FLOW ONLY DO NOT USE HIGH FLOW INSERT BAGS. 2. AVOID USING BIOBAGS ALTOGETHER TO PROTECT INLET AFTER THE FIRST LAYER OF PAYMENT IS INSTALLED. 3. INSTEAD USE WOVEN FABRIC INSERT FILTER SOCKS, -REGULAR FLOW WITH NO OVERFLOW.

CATCH BASIN INSERT BAG

Date

JAN 17, 2017

Project 16-074 CONSER PHILOMATH Drawn by MLM Checked by BSV

EROSION AND SEDIMENT CONTROL DETAILS

WETLAND FILL/REMOVE PERMIT ACORN PLACE APARTMENTS

PHILOMATH, OREGON

UDELL ENGINEERING AND

LAND SURVEYING, LLC 63 EAST ASH ST. LEBANON, OREGON, 97355 541-451-5125

SHEET

FIG 11b

of

SCALE: AS NOTED

6'-0"

FRONT VIEW

SIDE VIEW

ANGLE BOTH ENDS OF SEDIMENT FENCE TO ASSURE SOIL IS TRAPPED.

INTERLOCKED 2" x 2" POSTS AND ATTACH.

TOP VIEW

NOTES: 1. BURY BOTTOM OF FILTER FABRIC 6" MIN. VERTICALLY BELOW GRADE. 2. 2" x 2" FIR, PINE, OR STEEL FENCE POSTS. 3. STITCHED LOOPS TO BE INSTALLED UPHILL SIDE OF SLOPE. 4. COMPACT NATIVE FILL IN ALL AREAS OF FILTER FABRIC TRENCH.

Sediment Fence NTS

Date

JAN 17, 2017

Project 16-074 CONSER PHILOMATH Drawn by MLM Checked by BSV

EROSION AND SEDIMENT CONTROL DETAILS

WETLAND FILL/REMOVE PERMIT ACORN PLACE APARTMENTS

PHILOMATH, OREGON

DETAIL #092

UDELL ENGINEERING AND

LAND SURVEYING, LLC 63 EAST ASH ST. LEBANON, OREGON, 97355 541-451-5125

SHEET

FIG 11c

of

SCALE: AS NOTED

PUBLIC NOTICE Application for Permit Issue Date: February 7, 2017 Expiration Date: March 8, 2017 US Army Corps of Engineers No: NWP-2017-00049 Oregon Department of State Lands No: APP0059825

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:

J. Conser and Sons, LLC. Attention: Matthew Conser 1010 Airport Road, SE Albany, Oregon 97322 Email: mjconser1981@gmail.com Telephone: (541) 791-9310

Applicant's Agent: Geo Resources, LLC. Attention: Allen Martin P.O. Box 71852 Springfield, Oregon 97475 Email: georesources@comcast.net Telephone: (541) 946-1013 Location: The project site is located at the NE corner of 19th Street and College Street in Philomath, Benton County, Oregon. The site is in Section 12 of Township 12 South, Range 6 West. Latitude and Longitude: 44.541883° North, 123.358160° West Waterway: A total of 0.79 acres of wetlands were delineated on the 3.18 acre property under review. The Corps has reviewed and agrees with the boundaries portrayed in the project drawings. Project Purpose: The applicant's stated purpose is to provide 1 and 2 bedroom unit apartment housing within the City of Philomath. Project Description: The proposed project is the Acorn Place Apartments. Up to 1,342 cubic yards of soils and vegetation would be excavated from 0.79 acres of wetlands and up to 5,098 cubic yards of soil and granular material would be discharged into the 0.79 acres of wetlands to facilitate the construction of the apartment housing development. The development would

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include stormwater facilities, water treatment facilities, parking areas, recreational amenities, landscaping, and open space. A total of 84 units are proposed for the Acorn Park Apartments. Mitigation: The applicant proposes to avoid and minimize impacts from the project by installing water retention basins to provide some flow offsite to the adjacent wetland areas. 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 mitigation proposed would be a purchase of 0.79 mitigation bank credits from the Long Tom Mitigation Bank; the proposed project is located within the service area of the bank. The purchase of credits at the bank would offset the wetland functions and values impacted by the proposed project, provide local replacement for locally important wetlands, and minimize temporal loss. The Corps will determine the type and amount of compensatory mitigation necessary to offset environmental losses from the proposed project. Drawings: Sixteen (16) drawings are attached and labeled Corps No. NWP-2017-00049. Copies of this public notice, which have been mailed or otherwise physically distributed, feature project drawings in black and white. The electronic version features those drawings in color, which we think more accurately illustrates the proposed project. 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. The source of the fill material would be from a local commercial source. 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 has initiated 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 Corps No. NWP-2017-00049

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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 has initiated 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 a historic properties investigation has been conducted within the permit area. No sites determined eligible for or listed on the National Register of Historic Places were found to exist within the permit area. 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 obtained approval from the City of Philomath and will be applying for the following additional governmental authorizations for the project: Oregon Department of State Lands Removal-Fill Permit, Oregon Department of Environmental Quality 401 Water Quality Certification 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.

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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, 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 Benny A. Dean Jr. Eugene Field Office 211 E. 7th Avenue, Suite 105 Eugene, Oregon 97401-2722 Email: Benny.A.Dean@usace.army.mil Telephone: (541) 465-6769

Corps No. NWP-2017-00049

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PUBLIC NOTICE Oregon Department of Environmental Quality (DEQ) Water Quality 401 Certification

Notice Issued: February 7, 2017 Written Comments Due: March 8, 2017 Corps of Engineers No: NWP-2017-00049 Oregon Department of State Lands No: APP0059825 WHO IS THE APPLICANT: J. Conser and Sons, LLC. 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.

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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.

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Rough impact

We use the fields in this section to decide whether to conduct an in-depth review.

Permit Manager

Dates

Identity numbers

Permits, certifications, and locations related to this particular notice

History of edits

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