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Benny Dean Jr. is the Regulatory point-of-contact for this permit application from the Oregon Dept. of Veterans Affairs for work affecting wetlands in Lebanon, Ore.

PUBLIC NOTICE for Permit Application

Issue Date: February 28, 2013 Expiration Date: March 29, 2013 US Army Corps of Engineers No: NWP-2012-404 30-Day Notice Oregon Department of State Lands No: 51846-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 Field Office 1600 Executive Pkwy.,Suite 210 Eugene, OR 97401-2156

Applicant: Oregon Dept. of Veterans Affairs C/O John Osborn 700 Summer St. NE Salem, OR 97301-1289

Location: The project is located in a field south of Reeves Parkway and west of North 5th Street in Lebanon, Linn Co., Ore. The site is in Section 2 of Township 12 South, Range 2 West.

Waterway: A total of 0.57 acres of Wetlands were delineated on-site.

Project Description: Up to 459 cubic yards of sediments and vegetation would be dredged from 0.57 acres of wetlands and 918 cubic yards of fill material would be discharged to construct a 154-bed, long term health care facility for veterans in Lebanon. Facilities to be constructed at the site will provide health care, meals, on-site medical personnel, and social activities for veterans. Construction will follow industry standards which include the use of tracked excavators, dump trucks, cranes, backhoes, scrapers, bulldozers, and support equipment. The activities will consist of sod removal and grading, excavation/installation for utilities, aggregate fill and compaction, building construction, asphalt paving and curb and gutter construction. Access for construction and aggregate hauling will be through construction entrance locations at the northwest corner off Reeves Parkway and southeast corner off North 5th St.

Mitigation: The applicant has provided a proposed compensatory wetland mitigation plan for impacts to 0.57 acres of wetland which have been characterized as HGM Flats and Cowardin PEM. The plan consists of purchasing HGM Flats and Cowardin PEM Classification mitigation bank credits from a mitigation bank in the service area of the project. Mid-Valley Bank, Evergreen, One Horse Slough, Marion, Oak Creek, Muddy Creek, Coyote Prairie North, and Long Tom Mitigation Banks are the banks identified by the applicant. All of these banks have the appropriate number of credits available for purchase and have the HGM and Cowardin class of wetlands required to offset the impacts of the project.

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 project purpose is to provide a nursing and convalescent home for veterans.

Drawings: Six drawings are attached and labeled Corps No. NWP-2012-404 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 proposed work is of such limited nature and extent that little likelihood exists for the proposed project to affect an unrecorded historic property.

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.

The applicant has also received approvals from the EPA, Oregon Department of Environmental Quality (1200-C Permit), and the City of Lebanon Planning Commission.

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Oregon Department of Veteran Affairs Corps No. NWP 2012-404 Linn County Tax Lot 128 02W 030 1208 & portion of 1200 Lebanon, OR 97355

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