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Michael LaDouceur is the Regulatory point-of-contact for this application from Oak Harbor Freight Lines for work impacting an unnamed wetlands near the Peninsula Drainage Canal

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Michael LaDouceur is the Regulatory point-of-contact for this application from Oak Harbor Freight Lines for work impacting an unnamed wetlands near the Peninsula Drainage Canal, in Portland, Ore.

PUBLIC NOTICE for Permit Application Issue Date: June 3, 2013 Expiration Date: July 2, 2013 US Army Corps of Engineers #: NWP-1996-1752-2 30-Day Notice Oregon Department of State Lands #: Unk.

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 Michael LaDouceur P.O. Box 2946 Portland, OR 97208-2946 Or via email to: michael.a.ladouceur@usace.army.mil

Applicant: David VanderPol, Oak Harbor Freight Lines, P.O. Box 1469, Auburn, WA 98001

Location: The project is located south of NE Gertz Rd. and east of NE 13th Ave. in Portland, Multnomah Co., Ore., in Section 11 of Township 1 North, Range 1 East. Waterway: The project is located on an unnamed wetland near the Peninsula Drainage Canal. Project Description: Oak Harbor Freight Lines proposes to fill 2.42 acres of wetland with 3,871 cubic yards of rock in order to construct a parking area. Mitigation: This project was previously authorized under NWP-1996-1752-2, but the work was never completed. The applicant is proposing to use the completed mitigation fromNWP-1996-1752-2 as mitigation for filling the wetlands. If a permit is issued, the Corps will determine what appropriate and practicable compensatory mitigation will be. Purpose: Provide additional parking area for the company’s trucks. Drawings: Ten drawings are attached and labeled Corps # NWP-1996-1752-2 enclosure. Additional Information: Additional information may be obtained from Michael LaDouceur, Project Manager, Portland District, U.S. Army Corps of Engineers, at 503-808-4337 or via e-mail: michael.a.ladouceur@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 activity’s impact on the public interest will be evaluated in accordance with 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 that the proposed activity is located on previously filled property. It is not expected that this project would have an effect on cultural resources. This notice has been provided to the State Historic Preservation Office. The Corps will coordinate with the appropriate tribal entities as require under Section 106 of National Historic Preservation Act. 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 determine overall public interest in 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 done.

3560 Location and general topography Lines in Oregon quadrangle, 1961, photo revised 1970

expansion of the Oak Harbor Portland, Oreg.-Wash. 977).

... Pacific Habitat Services, I n c . - - - - - - - - - - - - - - - - - - - - - - - - - -

NWP-1996-1752 (2)

1 of 10

Enclosure

4/26/07

3560

of the Oak Harbor Freight 1 Tax lot 300). -Pacific NWP-1996-1752 (2)

Habitat Services,

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Inc.------------------------' 2 of 10

Enclosure

Enclosure 120

III IIIIIIIIIIIIIIII EXISTING OAK HARBOR FACILITY

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Proposed wetland impacts (2007 DSL Permit 38447-FP /COE Permit 199 1752 for the expansion of the Oak Harbor Freight Lines trucking facility in Portland, Oregon. Provided by Group Mackenzie, 2007. Pacific Habitat Services, Inc.

3560

2/1

3

NWP-1996-1752 (2)

3 of 10

SCALE IN FEET

Enclosure

LEGEND - ... - . . STUDY AREA BOUNDARY -------- EXISTING CONTOUR - - - PROPOSED CONTOUR

120

60

SCALE IN FEET

Proposed grading plan for the expansion of the Oak Harbor Freight Lines trucking Portland, Oregon. Provided by Group Mackenzie, 2007. Pacific Habitat Services, Inc.

in

3560

2/15/13

NWP-1996-1752 (2)

4 of 10

PROPOSED GRAVEL YARD

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-----0OAK HARBOR FREIGHT SITE

Enclosure

I

5 of 10

.---- MINIMU I 5-FT X 25-FT X 12-INCH C SS SO RIPRAP PAD

PAD

MINIMUM 8-FT X I 5-FT X 12-INCH CLASS SO RIPRAP PAD

NE 13TH AVENUE

+-,-+- · +- DIRECTION OF FLOW 25

50

100

SCALE IN FEET

water quality swale along NE 13th Avenue for the expansion of the Oak Lines trucking facility in Portland, Oregon. Provided by Group Mackenzie, 2007. on Figure 68, and Planting Plan on Figure 6C. Services, Inc.

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See

3

NWP-1996-1752 (2)

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Enclosure

SWALE EEC"''1CCN 1 CAT B.EV 6.00)

6 of 10

SCN..E: 1" - If

SWAI..E EEC"''1CCN 3 CAT B.EV 4.50)

of the proposed water quality swale along NE 13th Avenue for the expansion k Harbor Freight Lines trucking facility in Portland, Oregon. Provided Group 2007. Pacific

Services, Inc.

3560

3

NWP-1996-1752 (2)

SCALE: 1" - 5'

Enclosure

..---- ROCK WALL

NE 13TH AVENUE

COMMON NAME

SIZE/SPACING

ALNUS RUBRA

RED ALDER

2" CAL. AS SHOWN

X SITCHENSIS SPIREA EL YMUS GLAUCUS

SITKA WILLOW SPIREA BLUE WILDRYE

3 GAL. AS SHOWN 3 GAL. AS SHOWN 1 GAL AS SHOWN

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CORNUS SERICEA

RED OSIER DOGWOOD

3 GAL. AS SHOWN

0

ROSA NUTKANA CAREX OBNUPTA

NOOTKA ROSE SLOUGH SEDGE

3 GAL. AS SHOWN 4" POTS @ 24" O.C.

§

25

0

JUNCUS PATENS

COMMON RUSH

1 GAL.

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50

100

24" O.C. SCALE IN FEET

Proposed planting plan for the water quality swale and ponds at expo Portland, Oregon. Provided by k Harbor Freight Lines trucking facility

2007. Pacific Habitat Services, Inc.

3560

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3

NWP-1996-1752 (2)

8

7 of 10

PLANT MATERIAL SCHEDULE

Enclosure

OFF-SITE WETLANDS

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50

12-INCH DEEP CLASS 50 R!PRAP

water quality pond showing planting for the expansion the k trucking facility in Portland, Oregon. Provided by Group Mackenzie, 2007.

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3

NWP-1996-1752 (2)

SCALE IN FEET

Enclosure '25

southern water quality pond showing planting at the expansion of the Lines facility in Portland, Oregon. Provided by Group Mackenzie,

3560 3

NWP-1996-1752 (2)

9 of 10

0

Enclosure 120

60

SCALE IN FEET

STUDY AREA BOUNDARY

FLTER FABRIC SEDIMENT FENCE, TYP.

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3560 3

NWP-1996-1752 (2)

Erosion control plan for the expansion of the Oak Harbor Freight Lines true Portland, Oregon. Provided by Group Mackenzie, 2007.

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PREVIOUSLY FILLED WETLAND DSL PERMIT# 38447-FP I PERMIT#

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