PUBLIC NOTICE
Application for Permit
Issue Date: March 30, 2018
Expiration Date: April 30, 2018
US Army Corps of Engineers No: NWP-2000-983-1
Oregon Department of State Lands No: APP 60784
30-Day Notice
Interested parties are hereby notified the U.S. Army Corps of Engineers, Portland District (Corps) has received an application for a Department of the Army permit for certain work in waters of the United States, as described below and shown on the attached plans. The Corps is soliciting comments on the proposed work.
Applicant: MC Marina LLC
Attention: Mark McCuddy
250 NE Tomahawk Island Drive
Portland, Oregon 97217
Email:
mark@mccuddysmarina.com
Applicant’s Agent: SWCA Environmental Consultants
Attention: Amanda Childs
1220 SW Morrison Street, Suite 700
Portland, Oregon 97205
Email:
achilds@swca.com
Telephone: (503) 224-0333
Location: The project site is located at 2915 NE Marine Drive, Portland, Oregon. The site is in Section 1, Township 1 North, Range 1 East, (Latitude and Longitude: 45.6006 North, 122.6350 West).
Waterway: The project is located in the Columbia River at River Mile 108.5.
Project Purpose: The applicant’s stated purpose is to dredge river sands and silts from the Columbia River near River Mile 108.5 to improve and maintain boat access to its Marine Drive marina facility near Portland, Oregon.
Project Description: The McCuddy Marina Maintenance Dredging project proposes to conduct maintenance dredging around and beneath several of the docks within the marina. Dredging will remove up to 3,600 cubic yards of material from three areas, totaling 1.14 acres (49,315 square feet) within the marina basin. Dredging will occur to the design depth of +7 feet Columbia River Datum (CRD) plus up to 2 feet over-dredge allowance. Sediments will be removed using a hydraulic pipeline dredge.
The dredged material will be transported through pipelines from each dredge area to the proposed placement area in the Columbia River flowlane. The discharge end of the pipes will be attached to a small anchored barge or pontoon, and will be placed about 3 to 5 feet above the river bottom. The pipelines will have blinking navigational lights along their length, and dredging vessels will be properly marked. The pipes primarily float and will be firmly secured to the anchored disposal barge or pontoon where the dredge material will be discharged. Two pipelines will be used to transport dredged sediments to the proposed placement area. One approximately 2,050 foot-long pipeline for transporting dredged material from Dredge Areas 1 and 2, and a second approximately 1,280 foot-long pipeline transporting dredged material from Dredge Area 3. During in-water work in the disposal area, buoys will be deployed around the discharge area’s perimeter to ensure the discharge does not occur outside the allowed disposal area and to reduce access to the area by recreational boaters and others.
The placement depth will be monitored to ensure mounding of more than 3 feet of material at any one location does not occur. The average elevation change of the disposal area as a result of the placement of dredged material will be +0.5 foot. The discharge location is located between 930 and 2,000 feet from the north end of the proposed dredge areas, at depths between -16 and -23 feet CRD. Dredged material will not be placed in waters shallower than -16 feet CRD.
Hydrographic surveys of both the dredging areas and the in-water dredge disposal area will be performed prior to and after dredging to verify the dredging was accomplished within the required depth parameters and within the property dredging and disposal prisms.
Any large woody debris and/or anthropogenic materials encountered during dredging will be removed. The anthropogenic materials may be loaded onto a barge if they are foreign material or left in place if it is large woody debris.
The dredging will occur during the Columbia River In-Water Work Window of November 1 to December 31. The work may occur over several dredging seasons.
Dredged Material Testing: Project sediments were evaluated in accordance with the Sediment Evaluation Framework for the Pacific Northwest (SEF). The interagency Portland Sediment Evaluation Team (PSET) implements the SEF for the Corps Portland District. For this project, the PSET has determined that sediments in the project area are suitable for unconfined, aquatic disposal and exposure.
Mitigation: The applicant did not propose compensatory mitigation in the permit application. The Corps will determine the type and amount of compensatory mitigation necessary to offset environmental losses from the proposed project.
Drawings: Ten (10) drawings are attached and labeled Corps No.: NWP-2000-983-1. Copies of this public notice, which have been mailed or otherwise physically distributed, feature project drawings in black and white. The electronic version features those drawings in color, which we think more accurately illustrates the proposed project. To access the electronic version of this public notice, go to the Portland District website at http://www.nwp.usace.army.mil/ and select Regulatory Branch Permit Information. At the Regulatory page select Regulatory Public Notices.
Authority: The proposed project will be evaluated under the following:
Section 10, Rivers and Harbors Act 1899 (33 U.S.C. 403), for work in or affecting navigable waters of the United States.
Section 404, Clean Water Act (33 U.S.C. 1344), for discharge of dredged or fill material into waters of the United States.
Clean Water Act Section 404(b)(1) Guidelines: The described discharge will be evaluated for compliance with guidelines promulgated by the U.S. Environmental Protection Agency under authority of Section 404(b)(1) of the Clean Water Act. The 404(b)(1) Guidelines are the substantive criteria used in evaluating discharges of dredged or fill material into waters of the United States. Should a permit be issued, the Corps will evaluate the fill material source (i.e., borrow site) prior to the start of construction.
Water Quality Certification: Section 401 of the Clean Water Act (33 U.S.C. 1341) requires applicants to obtain a water quality certification for proposed discharges into waters of the United States. A permit for the described work will not be issued until certification has been issued or is waived from the certifying state. Attached is the state's notice for a water quality certification.
Endangered Species: Section 7 of the Endangered Species Act (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 described activity may affect an endangered or threatened species or designated critical habitat. The Corps will initiate consultation under Section 7 of the ESA. The Corps will complete the required consultation prior to finalizing a permit decision.
Essential Fish Habitat: Section 305(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) as amended (16 U.S.C 1855), requires Federal agencies to consult with the NMFS on all actions, or proposed actions, permitted, funded, or undertaken by the agency, that may adversely affect Essential Fish Habitat (EFH). The Corps’ preliminary review indicates the described activity would adversely affect EFH at the project location or in the vicinity. The Corps will initiate consultation under Section 305(b)(2) of the MSA. The Corps will complete the required consultation prior to finalizing a permit decision.
Historic Properties/Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended (54 U.S.C. 306108), 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 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 or any other type of cultural resource.
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 at the end of this notice to assist in a complete evaluation of potential effects.
State and Local Authorizations: The applicant will need to obtain approval from the Oregon Department of State Lands and the Oregon Department of Environmental Quality and will be applying for the following additional governmental authorizations for the project:
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.
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 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 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 the 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.
Submitting Comments: Interested parties are invited to provide comments on the proposed project. Comments may be submitted by conventional mail or email. All comments received will be considered in determining whether authorizing the work would be contrary to the public interest.
Either conventional mail or e-mail comments must include the Corps reference number as shown on page 1 and include the commenter’s name and address. In order to be accepted, e-mail comments must originate from the author’s e-mail account and must include on the subject line of the e-mail message the Corps reference number. All comments received will become part of the administrative record and are subject to public release under the Freedom of Information Act including any personally identifiable information such as names, phone numbers, and addresses.
Additional information about the proposed project may be obtained from the Corps Project Manager listed below. All comments, whether by conventional mail or e-mail, must be received no later than the expiration date of this public notice to ensure consideration. Comments should be submitted to the following mailing address or
e-mail address:
U.S. Army Corps of Engineers
Regulatory Branch
Ms. Melody White
P.O. 2946
Portland, Oregon 97208-2946
Email:
Melody.J.White@usace.army.mil
Telephone: (503) 808-4385
PUBLIC NOTICE
Oregon Department of Environmental Quality (DEQ)
Water Quality 401 Certification
Notice Issued: March 30, 2018
Written Comments Due: April 30, 2018
Corps of Engineers No: NWP-2000-983-1
Oregon Department of State Lands No: 60784
WHO IS THE APPLICANT: MC Marina LLC
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: See attached U.S. Army Corps of Engineers public notice on the proposed project.
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 (541) 633-2007 or toll free within Oregon at (800) 452-4011. People with hearing impairments may call the Oregon Telecommunications Relay Service at 1-800-735-2900.
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:
E-mail -
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.