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William Jr. and Heidi Davey

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Kristen Hafer is the Regulatory point-of-contact for this permit application from William Jr. and Heidi Davey for work on the Molalla River at RM 17.3, near Mulino, Ore.

Public Notice for Permit Application Issue Date: September 28, 2012 Expiration Date: October 29, 2012 US Army Corps of Engineers No: NWP-2009-283 30-Day Notice Oregon Department of State Lands No: 45894-GA

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 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 Kristen Hafer P.O. Box 2946 Portland, OR 97208-2946 Applicant: William Jr. and Heidi Davey, 29701 South Marshall Rd., Mulino, OR 97042 Location: Molalla River, River Mile 17.3, Section 34, Township 4 South, Range 2 East, near Mulino, Clackamas Co., Ore. Waterway: Molalla River, River Mile 17.3

Project Description: The proposed project consists of modifying the existing 260-foot-long berm to reduce impacts to ESA-listed species and to resolve a Clean Water Act enforcement case. The applicants will remove some of the riprap that was placed below ordinary high water and place large wood with root wads attached, into the berm. The applicants will incorporate native hardwood species at are at least 12 inches in diameter and a minimum of 10 feet long into the berm. The trees will have the root wad intact. A cluster of five pieces of large wood will be placed every 20 lineal feet along the bank. The applicants will have a contractor excavate the existing berm from the top of bank to incorporate the large wood.The wood will be secured in place with existing riprap and ballast rocks. Up to 12 cubic yards of additional ballast rock may be incorporated to secure the trees in place. The root wads will be angled to face upstream, and will be installed at the toe of the berm where they will engage with the Molalla River at low flows. After the large wood is incorporated into the berm, the length of the berm will be planted with native willow cuttings from local sources. Additional native vegetation may be planted along the top of the berm to provide shaded stream habitat and improve aesthetics at the site. The applicants will ensure that the placement of the large wood, additional ballast rock, or re-arrangement of the existing riprap will not affect the side-channels that are immediately adjacent to the reconstructed berm at the upstream and downstream ends. The upstream side-channel is a narrow channel that diverges from the mainstem of the Molalla River and flows north near the property boundary, before heading west , passing under the road, and rejoining the mainstem Molalla River northwest of the Davey residence.The downstream side-channel is a smaller channel that is not active during low flows. This side channel flows northwest along a small gravel bar that is present south of the Davey residence.The gravel bar, which is dominated by non-native grasses and native shrubs, provides refugia habitat during moderate to high flows. Mitigation: The proposed project does not require compensatory mitigation.

Purpose: Flood protection for a residence and an access road. Drawings: Seven drawings are attached and labeled Corps No. NWP-2009-283 Figures. Additional Information: Additional information may be obtained from Kristen Hafer, Project Manager, U.S. Army Corps of Engineers at 503-808-4387 or email: Kristen.A.Hafer@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) has been 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 to the best of our knowledge, 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. At this time the Corps is unaware of any cultural resource surveys of the project area. This notice has been provided to the State Historic Preservation Office, 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 (identifiedabove inthis 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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