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Benny Dean Jr. is the Regulatory point-of-contact for this permit application from the City of Eugene Public Works for work on Amazon Creek in Eugene, Ore.
PUBLIC NOTICE for Permit Application
Issue Date: January 29, 2013
Expiration Date: February 27, 2013
US Army Corps of Engineers No: NWP-2010-124/2
30-Day Notice Oregon Department of State Lands No: 50539-RF
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
Benny A. Dean Jr. (Benny.A.Dean@usace.army.mil)
Eugene Regulatory Field Office
1600 Executive Pkwy., Suite 210
Eugene, OR 97401-2156
Applicant: City of Eugene
Public Works - Engineering
99 East Broadway, Suite 400
Eugene, OR 97401-3111
Location: The project is located on Amazon Creek between Chambers Street and Garfield Avenue and between 15th and 17th Avenues in Eugene, Lane Co., Ore. The site is in Section 36 of Township 17 South, Range 4 West.
Waterway: Amazon Creek
Project Description: Up to 11,400 cubic yards of materials would be excavated from Amazon Creek to reduce the bank slope and to construct a flood plain bench. Approximately 2,500 cubic yards of excavated materials including 500 cubic yards of Class 200 riprap would be used to stabilize the toe of the creek and construct three vortex weirs to direct flows to the center of the channel. Coir fabric would be integrated to cover lower bank areas that have been excavated to grade for sediment stabilization. The work area would be either dewatered entirely or performed in phases to minimize the in-water work. The banks will be planted and seeded with native vegetation.
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: To stabilize an 880-foot long streambank of Amazon Creek to protect infrastructure.
Drawings: Seven drawings are attached and labeled Corps No. NWP-2010-124-2 enclosure.
Additional Information: Additional information may be obtained from Benny A. Dean Jr., Project Manager, U.S. Army Corps of Engineers at 541-465-6769 or email
Benny.A.Dean@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 will not affect endangered species. Consultation under Section 7 of the Endangered Species Act of 1973 (87 Stat. 844) is not required for the described activity.
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 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, 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 above in 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.
Name: EUGENE EAST
Date: 6/1312012
Scale: 1 inch equals 2000 feet
Corps No. NWP-2010-124/2
Location: 044" OZ 12.1" N 123" 07' 06.0" W
Caption: Figure 1: Location Map
Page 6 of 12
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ATTENTION: Oregon law requires you to follow rules adopted by the Oregon Utility Notification Center.
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FABRIC TO BE USED IN VARIOUS LOCATIONS
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1. Plant within 3-4 days of removal from ground.
2. Soak roots overnight in water prior to planting.
3. Planting hole should be 2 times the area of the roots. (Min 6" hole)
1. Zones have 1' vertical overlap
2. All material listed to be planted "throughout'' shall be planted in a random pattern.
3. Minimum spacing for groups are as follows:
Tree Groups= 10' D.C.
Shrubs= 2' O.C.
4. No pesticides or herbicides allowed. Mechanical, hand, or other methods shall
be used to control weeds and unwanted vegetation.
5. No fertilizer application shall be performed within 50' of stream channeL
Bury roots to top of crown.
Spread roots Within soil, avoid air pockets around roots.
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