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Kinsey Friesen is the Regulatory point-of-contact for this application for a permit from Hollis Land and Timber to conduct work impacting an unnamed tributary to Bryan Creek in Newberg, Oregon.

Issue Date: October 16, 2015 Expiration Date: November 16, 2015 US Army Corps of Engineers No: NWP-2014-310 30-Day Notice Oregon Department of State Lands No: 56702-NP

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 (Corps) 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 Regulatory Branch Ms. Kinsey Friesen kinsey.m.friesen@usace.army.mil P.O. 2946 Portland, Oregon 97208-2946

Applicant: Hollis Land and Timber 13084 Chelsea Drive Lake Oswego, Oregon 97035

Location: One mile north of the intersection of NE Kings Grade Road and NE North Valley Road in Newberg, Oregon. Section 35, Township 2 South, Range 3 West. (-123.031808, 45.360096).

Waterway: Unnamed tributary to Bryan Creek

Project Description: The project involves construction of a 38-foot high earthen dam to store water in a 75 acre-foot reservoir. The dam would be 615 feet long by 15 feet wide at the top of the dam (230 feet wide at base). A 24-inch diameter corrugated metal pipe would be the dam’s riser and a 12-inch diameter corrugated metal pipe conduit with a gate valve would be the principle spillway. An emergency overflow spillway would be a grass lined earthen channel approximately 10-foot wide at the base. The project would impact 1,100 linear feet of an unnamed tributary to Bryan Creek, 275 linear feet or 0.02 acre for dam placement and 825 linear feet or 0.06 acre of inundation from the reservoir. Approximately two miles downstream of the project location is Walker Reservoir, which is reported to be a fish barrier.

Mitigation: The applicant has provided a compensatory stream mitigation plan for riparian enhancement of two on-site locations. Riparian enhancement would be conducted on 600 linear feet downstream of the dam on the intermittent tributary to Bryan Creek, up to the confluence with Bryan Creek. In addition, 500 linear feet of riparian enhancement would be conducted on the perennial Bryan Creek located east of the reservoir. If a permit is issued, the Corps would determine appropriate and practicable compensatory mitigation. The amount of compensatory mitigation required shall be commensurate with the anticipated impacts of the project.

Purpose: To irrigate 280-acres of farmland.

Drawing(s): Seven (7) drawings are attached and labeled Corps No. NWP-2014-310

Additional Information: Additional information may be obtained from Ms. Kinsey Friesen, Project Manager, U.S. Army Corps of Engineers at (503) 808-4378, or E-mail at kinsey.m.friesen@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) 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 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 (SHPO), 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 on page 1 of 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.

PUBLIC NOTICE Oregon Department of Environmental Quality (DEQ) Water Quality 401 Certification

Corps of Engineers No: NWP-2014-310 Notice Issued: 17 October 2015 Oregon Department of State Lands No: 56702-NP Written Comments Due: 17 November 2015

WHO IS THE APPLICANT: Hollis Land and Timber LLC

LOCATION OF CERTIFICATION ACTIVITY: See attached U.S. Army Corps of Engineers public notice. LOCATION OF CERTIFICATION ACTIVITY: See attached U.S. Army Corps of Engineers public notice. WHAT IS PROPOSED: See attached U.S. Army Corps of Engineers public notice on the proposed project. NEED FOR CERTIFICATION: Section 401 of the Federal Clean Water Act requires applicants for Federal permits or licenses to provide the Federal agency a water quality certification from the State of Oregon if the proposed activity may result in a discharge to waters of the state. DESCRIPTION OF DISCHARGES: notice on the proposed project.

See attached U.S. Army Corps of Engineers public

WHERE TO FIND DOCUMENTS: Documents and materials related to water quality issues as a result of the proposal are available for examination and copying at Oregon Department of Environmental Quality, 401 Water Quality Certification Coordinator, Northwest Region, 700 NE Multnomah Street, Suite 600, Portland, Oregon 97232. Other project materials are available by contacting the Corps per the attached public notice. Scheduling an appointment will ensure that water quality documents are readily accessible during your visit. To schedule an appointment please call DEQ Water Quality at Northwest Region at (503) 229-5263. Any questions on the water quality certification process may be addressed to the 401 Program Coordinator at (503) 229-6030 or toll free within Oregon at (800) 452-4011. People with hearing impairments may call the Oregon Telecommunications Relay Service at 1-800735-2900.

Corps No. NWP-2014-310

Page 4 of 5

PUBLIC PARTICIPATION: Public Hearing: Oregon Administrative Rule (OAR) 340-48-0032 (2) states that "The Corps provides public notice of and opportunity to comment on the applications, including the application for certification, provided that the department (DEQ), in its discretion, may provide additional opportunity for public comment, including public hearing." Written comments: Written comments on project elements related to water quality must be received at the Oregon Department of Environmental Quality by 5 p.m. on the date specified in the upper right section on page one of this notice. Written comments may be emailed, mailed or faxed as described below: Email - 401publiccomments@deq.state.or.us Mail - Oregon Department of Environmental Quality, Northwest Region 700 NE Multnomah Street, Suite 600 Portland, Oregon 97232 Attn: 401 Water Quality Certification Coordinator Fax - (503) 229-6957 WHAT HAPPENS NEXT: DEQ will review and consider all comments received during the public comment period. Following this review, certification of the proposal may be issued as proposed, issued with conditions, or denied. You will be notified of DEQ's final decision if you submit comments during the comment period. Otherwise, if you wish to receive notification, please call or write DEQ at the above address. ACCESSIBILITY INFORMATION: This publication is available in alternate format (e.g. large print, Braille) upon request. Please contact DEQ Office of Communications and Outreach at (503) 229-5317 or toll free within Oregon at 1-800-452-4011 to request an alternate format. People with a hearing impairment can receive help by calling the Oregon Telecommunications Relay Service at 1-800-735-2900.

Corps No. NWP-2014-310

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Hollis Reservoir Wetland Permit Application

I Figure 1. Site Location Map

t Scale approx. 1 inch = 2,000 ft

Source: USGS. Dundee, OR 7.5' quadrangle. Available at: http://store.usgs.gov. Accessed 4/16/2014.

NWP-2014-310

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Wetland Solutions i Northwest, LLC June 27, 2014

Enclosure 1

NWP-2014-310

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Enclosure 1

HOLLIS WETLAND VICINITY MAP TAXLOTS: 3400, SECTION 26; & 1300, 1301 & 1200 SECTION 35; T2S, R3W, WM YAMHILL COUNTY, OREGON

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PROFESSIONAL LAND SURVEYOR

PREPARED FOR:

HOLLIS LAND & TIMBER

Eng OREGON JANUARY 19, 1993

" 1 inch = 1320 ft.

ERIC A. URSTADT 2599 EXPIRES 6/30/2016

& Project: 313081 Drawing: 313081k-wl.dwg By: EAU Checked by: EAU Date: 16JUN2014

Figure 3

NWP-2014-310

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Enclosure 1

HOLLIS WETLAND AND WATERS SURVEY DETAIL PROPOSED RESERVOIR TAXLOTS: 3400, SECTION 26; & 1300, 1301 & 1200 SECTION 35; T2S, R3W, WM YAMHILL COUNTY, OREGON

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NOTE: THE DRAINAGE EXTENDS BOTH NORTH AND SOUTH OF THE STUDY AREA.

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NOTE: NO LOCALIZED WETLANDS WERE FOUND IN THE VICINITY OF THIS RESERVOIR. SOLID LINE - OUTER FOOTPRINT OF DAM

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PREPARED FOR: HOLLIS LAND & TIMBER

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OREGON JANUARY 19, 1993

ERIC A. URSTADT

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MAP BASE: COUNTY SURVEY RECORD CSP-10277 AND SITE SPECIFIC AERIAL PHOTO

EXPIRES 6/30/2016

Project: 313081 Drawing: 313081 k-wl.dwg By: EAU Checked by: EAU Date: 16JUN2014

Figure 58

NWP-2014-310

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Enclosure 1

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2137 19th Avenue Forest Grove, OR 97116 Phone (503) 357~5717 Fax (503) 357-5098

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NWP-2014-310

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Enclosure 1

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NWP-2014-310

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Enclosure 1

Hollis Reservoir Waters Mitigation Plan Corps NWP-2014-310

Photo 1. Existing condition of the proposed riparian enhancement area (downstream of the proposed reservoir) on the intermittent tributary to Bryan Creek, photo taken April 21, 2014.

Photo 2. Existing condition of Bryan Creek in the vicinity of the proposed riparian enhancement area, photo taken August 10, 2015.

NWP-2014-310

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Enclosure 1

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