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the Bayshore Beach Club

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Debra Henry is the Regulatory point-of-contact for this permit application from the Bayshore Beach Club, Inc., for work in an unnamed tributary to Alsea Bay.

PUBLIC NOTICE for Permit Application Issue Date: December 3, 2012 Expiration Date: January 2, 2012 US Army Corps of Engineers No: NWP-2001-70 30-Day NoticeOregon Department of State Lands No: 52079

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 Debra Henry, Debra.J.Henry@usace.army.mil P.O. Box 2946 Portland, OR 97208-2946

Applicant: Bayshore Beach Club, Inc., 1512 NW Oceania Drive, Waldport, OR 97394

Location: The project is located within at the north end of Renz Court within the Bayshore Club Subdivision in Waldport (Section 24, Township 13S, Range 12W), Lincoln Co., Ore. The coordinates are 44.431°N and -124.081°W.

Waterway: The project is located in an unnamed tributary to Alsea Bay.

Project Description: The proposed project involves the installation of a 112” x 75” culvert through a man-made dike located in a canal on the north side of Alsea Bay. The project will involve the excavation of a total of 423 cubic yards of riprap, 338 cubic yards of which is below the maximum high tide level. The excavated riprap will be placed on uplands during construction work. The base material extending 1-foot below the new culvert and the pipe zone backfill extending 2-feet above the culvert will consist of 1-inch clean open graded quarry rock. The backfill material above the pipe zone will be excavated riprap or imported Class 200 riprap. After culvert placement, the total amount of backfill will be 361 cubic yards, of which 326 cubic yards is below the maximum high tide level. The total area below the high tide line impacted will be 0.05 acres.

The work will be performed using a backhoe sitting on top of the existing dike. There will be water flow through an existing dike culvert during project construction; water flow will not be blocked.

Mitigation: The applicant has not proposed mitigation. 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: The basic project purpose is for enhanced water flow that will drain the canal at low tides.

Drawings: Eightdrawings are attached and labeled Corp No. NWP-2001-70 enclosure.

Additional Information: Additional information may be obtained fromDebra Henry, Project Manager, U.S. Army Corps of Engineers at 503-808-4391 or email Debra.J.Henry@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.

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 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 (existing dike) that little likelihood exists for the proposed project to affect an undisturbed historic property or any other type of cultural resource. 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 itsreasonably 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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