PORTLAND DISTRICT

Our regulatory authority over the proposed Coyote Island Terminal is Section 10 of the Rivers and Harbors Act of 1899.  Section 10 requires a permit for the construction of any structure in, over or under a navigable waterway, including excavation, dredging or deposition of material, or any other work affecting the course, location, condition or capacity of such waters.

We also have regulatory authority over some projects under Section 404 of the Clean Water Act, which requires a permit for the discharge of dredged or fill material into waterways or wetlands.  The Coyote Island Terminal proposal does not involve these activities.

The Corps must of course comply with other applicable laws and regulations when reviewing project proposals, including the National Environmental Policy Act.

We issued a 30-day public notice on March 6, 2012, 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 on endangered species, historic properties, water quality, general environmental effects and other public interest factors.  The comment period was extended an additional 30 days at the request of commenters.  We received nearly 20,000 comments.

We have completed an initial evaluation of the proposed Coyote Island Terminal project and review of laws, regulations and policies governing the Corps’ Regulatory program, and determined that the Corps’ scope of analysis (i.e., our control and responsibility) over this project includes construction of the in-water and upland facilities at the Port of Morrow.

Based on our scope of analysis, we have determined that we will continue our analysis and documentation of the potential effects of permitting this project with an environmental assessment, pursuant to the National Environmental Policy Act. The purpose of an EA is to determine the significance of the proposal’s environmental effects and to evaluate alternatives that could accomplish the proposed action’s purpose and need. Details about the EA process are available in the Council on Environmental Quality’s “A Citizen’s Guide to the NEPA” at http://ceq.hss.doe.gov/nepa/Citizens_Guide_Dec07.pdf.

As we consider direct, indirect, and cumulative effects, we may determine that some of those effects are likely to have a significant impact on the environment, which would trigger the need to prepare an environmental impact statement.

The applicant has prepared an environmental review document which will be considered as part of our analysis, along with our own environmental studies (including those based on the technical expertise of other agencies), information provided by the public, and relevant law and policy.

Proposed projects in Washington state being reviewed by Seattle District also involve loading facilities that may handle coal.  Each proposal is based on the applicants’ needs in those locations and each is unique.  Portland and Seattle districts are coordinating their reviews but are evaluating each project individually.

After we have determined the scope of our analysis, we will initiate consultation with the National Marine Fisheries Service and the U.S. Fish and Wildlife Service to determine the project’s potential impacts to species listed under the Endangered Species Act.  Consistent with the National HIstoric Preservation Act, we will also consult with the State Historic Preservation Office and other interested parties regarding potential impacts to historic properties. 

 

We have a trust responsibility to protect certain rights and assets of federally recognized Indian tribes, and will engage in timely and meaningful consultation throughout our evaluation process with tribes that may be affected by or interested in the proposed action.  

 

It is important to note that this project may require additional permits from other agencies, like the Oregon Department of State Lands.

After all of these steps, we will make a decision whether or not to issue a permit for the construction of the dock facility, and what conditions and mitigating actions to impose with the permit if issued.

The U.S. Army Corps of Engineers is fully committed to protecting and maintaining the navigable capacity of our Nation's waters and to protecting our aquatic resources through fair, flexible and balanced permit decisions.