Interested parties are hereby notified that the U.S. Army Corps of Engineers, Portland District (Corps) and the Oregon Department of State Lands (DSL) have received a request to establish the proposed Oregon Department of Transportation (ODOT) Umbrella Mitigation Bank (Umbrella Bank). The purpose of this public notice is to solicit public comment on the proposed Umbrella Bank.
Sponsor: ODOT
Attention: Brad Livingston
Address: 4040 Fairview Industrial Drive SE, MS #6
Salem, Oregon 97302
Email: Bradley.f.livingston@odot.state.or.us
Telephone: (503) 986-3062
Location: The proposed Umbrella Bank would include multiple sites located in the state of Oregon. The existing Klamath Lake Mitigation Site is near the city of Klamath Falls, Klamath County, Oregon. The site is in Section 18, Township 38 South, Range 9 East and Section 13, Township 38, Range 8 East; and is located at Latitude and Longitude: 42.259807, -121.810716.
Mitigation Banking: A mitigation bank is a site where aquatic resources (e.g., wetlands and streams) are restored, established/created, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by the Corps under the authority of Section 404 of the Clean Water Act, Section 10 of the Rivers and Harbors Act, and/or by DSL under the authority of Oregon’s Removal-Fill Law (ORS 196.800 - 196.990). An umbrella mitigation bank may cover a larger geographic region and include multiple mitigation sites which can be added at separate times. The mitigation bank sponsor is the person or legal entity that has the authority and responsibility to fully execute the terms and conditions of a mitigation bank instrument.
Prospectus: This public notice includes only summarized information and figures from the full Umbrella Bank Prospectus and Klamath Lake Site Mitigation Plan. A prospectus is the preliminary proposal prepared by a mitigation bank sponsor and provides an overview of a proposed mitigation bank. A mitigation plan includes the information about individual mitigation sites that would be included in an umbrella bank.
A copy of the full prospectus for the proposed Umbrella Bank is available for review on the Corps’ Regulatory In-lieu Fee and Bank Information Tracking System (RIBITS) website (https://ribits.ops.usace.army.mil). At this website, in the left column under FILTER select the “USACE District” radio button and from the dropdown list, select “Portland”. Then, in the same column under “MENU” select “Banks and Sites.” On the next page, find and select “ODOT Umbrella Bank (Pending)”. Once the page loads, select “[Cyber Repository]” along the top menu. Here you will be able to download the prospectus.
Alternatively, a copy of the full prospectus for the proposed Bank is available for review on the DSL’s website (https://lands.dsl.state.or.us). At this website, select “Check Permit and Authorization Status,” then select ”Statewide Permits” and then select the Sponsor’s name from the list. Additionally, a copy of the prospectus may be requested from the Corps or DSL contact provided below.
Bank Description: The Umbrella Bank would incorporate multiple compensatory mitigation sites across the state of Oregon. The first site proposed to be incorporated into the Umbrella Bank would be the Klamath Lake Mitigation Site. Future sites may include existing ODOT mitigation banks and existing ODOT permittee-responsible mitigation sites. The users of the Umbrella Bank would be specific to each mitigation site and would include ODOT, Federal Highways Administration, and California Department of Transportation. As such, credits generated at the Umbrella Bank would only be used for transportation projects. The Umbrella Bank would generate Section 404 credits to offset impacts in waters of the United States (U.S.), removal-fill credits to offset impacts to waters of the state (in Oregon), and conservation credits to offset impacts to species listed under the Endangered Species Act (ESA) and their critical habitat (in Oregon and California). Compensatory mitigation activities may include enhancement, restoration (re-establishment and rehabilitation), establishment (creation), and preservation. The Umbrella Bank would provide compensatory mitigation for the following aquatic resource types. Aquatic resource types will be determined for each mitigation site:
• Riverine, perennial stream
• Riverine, intermittent stream
• Lacustrine, littoral open water
• Palustrine emergent wetland
• Palustrine unconsolidated bottom open water
• Palustrine scrub-shrub wetland
• Palustrine forested wetland
• Riparian
In addition, the Umbrella Bank may provide compensatory mitigation for aquatic resources of special concern, such as vernal pools and Willamette Valley wet prairie habitats.
Mitigation Plan: The Klamath Lake Mitigation Site is an existing advanced permittee- responsible mitigation (APRM) proposed to be included in the Umbrella Bank. Construction of the site was completed in 2021. The site would include the following credit types to sell at the Umbrella Bank: Section 404 credits to offset impacts in waters of the U.S., removal-fill credits to offset impacts to waters of the state (in Oregon), and conservation credits to offset impacts to Lost River sucker (Deltistes luxatus) and shortnose sucker (Chasmistes brevirostis) (species listed under the ESA), and their critical habitat in Oregon and California.
The Klamath Lake Mitigation Site would provide compensatory mitigation for the following aquatic resource types:
• Riverine, perennial stream
• Lacustrine, littoral open water
• Palustrine emergent wetland
• Palustrine unconsolidated bottom open water
• Palustrine scrub-shrub wetland
The objectives of the Klamath Lake Mitigation Site are listed below:
• Restore 8.20 acres of palustrine emergent wetlands, 1.66 acres of lacustrine littoral open water, and 0.50 acre of palustrine unconsolidated open water which would be used to rear Lost River and shortnose suckers.
• Enhance 7.3 acres of palustrine emergent wetlands and 6.8 acres of palustrine scrub-shrub wetlands.
• Preserve 10 acres of palustrine wetlands that are a mosaic of emergent and scrub-shrub communities.
Service Area: A service area is the geographic area within which impacts can be mitigated at a specific mitigation bank. Each mitigation site included in the Umbrella Bank would have its’ own unique service area(s). Each site may also have multiple service areas for the use of Section 404 credits, removal-fill credits, and conservation credits. The Umbrella Bank prospectus outlines the potential service area for the Klamath Lake Mitigation Site, and potential service areas for future sites. The Umbrella Bank service areas are described below and depicted on drawings, Page 1. The service area for the Klamath Lake Mitigation Site is also described below (see Service Area 10) and depicted on drawings, pages 2 and 3.
1. Coast Range (Oregon): The proposed service area corresponds to the Environmental Protection Agency (EPA) level III Coast Range eco-region. The service area also includes the following level IV eco-regions: Mid-Coastal Sedimentary, Volcanics, Southern Oregon Coastal Mountains, and Willapa Hills. Elevations range from sea level to 1,700 feet.
2. Willamette Upper, Middle, and Lower (Oregon): The proposed service area corresponds to the level III Willamette Valley eco-region and portions of the Cascades eco-region. The service area also includes the following level IV eco- regions: Prairie Terraces, Valley Foothills, Western Cascades Montane Highlands, Western Cascades Lowlands and Valleys, and Cascade Crest Montane Forest. Elevations range from roughly 150 feet to 4,000 feet.
3. Columbia (Oregon): The proposed service area corresponds to portions of level III Columbia Plateau, Cascades, and Eastern Cascades Slopes and Foothills eco-regions. The service area also includes the following level IV eco-regions: Pleistocene Lake Basins, Umatilla Plateau, Yakima Folds, Umatilla Dissected Uplands, Deschutes/John Day Canyons, Oak/Conifer Foothills, Cascade Crest Montane Forest, and Western Cascades Lowlands and Valleys. The service area includes elevations below 4,600 feet.
4. Deschutes (Oregon): The proposed service area overlaps with the level III East Cascades, Blue Mountains, and Columbia Plateau eco-regions. The service area includes elevations below 4,900 feet.
5. Goose and Summer Lakes (Oregon): The proposed service area corresponds to portions of level III East Cascades Slopes and Foothills and the Northern Basin and Range eco-regions. The service area also includes the following level IV eco-regions: Klamath/Goose Lake Basins, Fremont Pine/Fir Forest, Pluvial Lake Basins, Semiarid Uplands, High Desert Wetlands, High Lava Plains, and Barren Playas. The service area includes elevations below 5,400 feet.
6. Umpqua/West Cascades (Oregon): The proposed service area corresponds to portions of the level III Cascades eco-region. The service area also includes the following level IV eco-regions: Western Cascades Montane Highlands, High Southern Cascades Montane Forest, and Low Southern Cascades Mixed Conifer Forest. Elevations range from roughly 1,800 feet to 6,600 feet.
7. Blue Mountains (Oregon): The proposed service area includes elevations from 4,900 feet to 9,838 feet within the level III Blue Mountains eco-region.
8. Northern Basin and Range (Oregon): The proposed service area corresponds to portions of level III Northern Basin and Range, Blue Mountains, and Snake River Plain eco-regions. The service area also includes the following level IV eco- regions: Pluvial Lake Basins, High Desert Wetlands, Semiarid Uplands, Partly Forested Mountains, Salt Shrub Valleys, High Lava Plains, Barren Playas, Owyhee Uplands and Canyons, Continental Zone Highlands, Cold Basins, Continental Zone Foothills, Unwooded Alkaline Foothills, and Treasure Valley The service area includes elevations below 5,200 feet.
9. Klamath Mountains (Oregon and California): The service area corresponds to portions of level III Klamath Mountains in Oregon and California, and the High North Coast Range eco-region in California. The service area also includes the following level IV eco-regions: Rogue/Illinois/Scott Valleys, Oak Savanna Foothills, Umpqua Interior Foothills, Serpentine Siskiyous, Inland Siskiyous, Coastal Siskiyous, and Border High-Siskiyous.
10. Klamath Lake Site Service Area (Oregon and California): The proposed service area includes the entire Klamath River basin and critical habitats for the Lost River and shortnose suckers. This service area includes the cities/towns of Chiloquin and Klamath Falls, Klamath County, Oregon. The service area also includes the cities/towns of Keno, Trinity County; Weed, Yreka, Happy Camp, and Fort Jones, Siskiyou County; and Klamath, Del Norte County in California. The service area was delineated to address goals and objectives outlined in the Oregon Conservation Strategy, Upper Klamath Basin Watershed Action Plan, and the Klamath Basin Integrated Fisheries Monitoring and Restoration Plan.
Drawings: Six (6) drawings are attached and labeled Corps No. NWP-2023-604. Copies of this public notice, which have been mailed or otherwise physically distributed, feature drawings in black and white. The electronic version features those drawings in color, which we think more accurately illustrates the proposed mitigation bank. To access the electronic version of this public notice, go to the Portland District Regulatory website at http://www.nwp.usace.army.mil/Missions/Regulatory and under Regulatory Pages select Permit Application Public Notices. The DSL website described above also contains drawings in color.
Endangered Species: Section 7 of the ESA (16 U.S.C 1536) requires federal agencies to consult with the National Marine Fisheries Service (NMFS) and/or U.S. Fish and Wildlife Service (USFWS) on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or that may adversely modify designated critical habitat. The Corps’ preliminary review indicates the administrative action to authorize a mitigation bank would not affect listed species or critical habitat. The Corps will complete a separate evaluation for activities to construct the proposed mitigation bank that may require a Department of the Army permit.
Historic Properties: Section 106 of the National Historic Preservation Act (NHPA) of 1966, as amended (16 U.S.C. 470), requires Federal agencies to consult with the appropriate State and/or Tribal Historic Preservation Officer to take into account the effects of actions they undertake or permit on historic properties listed in or eligible for listing in the National Register of Historic Places. The Corps’ preliminary review indicates the administrative action to authorize a mitigation bank would not affect historic properties. The Corps will complete a separate evaluation for activities to construct the proposed mitigation bank that may require a Department of the Army permit.
Corps Public Hearing Requests: Any person may request in writing within the comment period specified in this notice that a Corps public hearing be held to consider this proposed mitigation bank. Requests for Corps public hearings shall state with particularity the reasons for holding a public hearing.
Evaluation – DSL: The DSL will evaluate the proposed mitigation bank in accordance with Oregon’s Administrative Rules (Chapter 141, Division 85) regarding requirements to establish and operate mitigation banks. The decision of whether DSL will participate in establishment of a site as a mitigation bank that will offset permanent impacts to aquatic resources of this state is made through three overarching lenses:
1) The need for the mitigation credits
2) The technical feasibility of the bank
3) The ecological desirability of the bank
Evaluation – Corps: The Corps will evaluate the proposed mitigation bank in accordance with 33 CFR Part 332. The decision whether to authorize the bank 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 proposal 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 and DSL are soliciting comments from the public; Federal, State, and local agencies and officials; Native American Tribes; and other interested parties in order to consider and evaluate the impacts of the proposed Bank. Any comments received will be considered by the Corps and DSL to determine whether to authorize the proposed Bank. 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 Bank.
Submitting Comments: Interested parties are invited to provide comments on the proposed Bank to the Corps or DSL. Comments may be submitted by conventional mail, email, or through the DSL website.
Either conventional mail or email comments must include the Corps and DSL reference number as shown on page 1 and include the commenter’s name and address. To be accepted, email comments must originate from the author’s email account and must include on the subject line of the email message the Corps and DSL reference number. All comments received will become part of the administrative record and are subject to public release by the Corps under the Freedom of Information Act including any personally identifiable information such as names, phone numbers, and addresses.
Additional information about the proposed Bank may be obtained from the Corps and/or DSL contacts listed below. All comments, whether by conventional mail or email, must be received no later than the expiration date of this public notice to ensure consideration. Comments should be submitted to the following mail or email addresses:
U.S. Army Corps of Engineers Oregon Department of State Lands
Maya Goklany Melody Rudenko
Eugene Field Office 775 Summer Street Northeast
211 East 7th Avenue, Suite 105 Salem, Oregon 97301-1279
Eugene, Oregon 97401-2763 Email: melody.rudenko@dsl.oregon.gov
Email: maya.e.goklany@usace.army.mil Telephone: (503)508-4035
Telephone: (541) 465-6877