PUBLIC NOTICE
Application for Permit
Issue Date: April 24, 2019
Expiration Date: May 24, 2019
US Army Corps of Engineers No: NWP-2019-132
Oregon Department of State Lands No: 61841-RF
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: Port of Portland
Attention: Vince Granato, Michelle Hollis
7200 NE Airport Way
Portland, OR 97218
E-mail: Michelle.Hollis@portofportland.com
Telephone: (503) 415- 6832
Location: The project site is located at the Port of Portland, Berth 601, 8349 N. Marine Drive, in Portland, Multnomah County, Oregon. The site is in Section 24, Township 2 North, Range 1 West. Latitude and Longitude: 45.647226 North, 122.757 West
Waterway: Columbia River, River Mile 102
Project Purpose: Conduct maintenance work on existing Berth 601 facility and construct a new dolphin.
Project Description: The proposed project would construct a new dolphin and associated walkway from the proposed new dolphin to the existing Berth 601 dock; conduct maintenance work on the existing Berth 601 facility; and remove timber piles as compensatory mitigation for the proposed new dolphin and associated walkway.
New Dolphin and Walkway: Construct a new dolphin, measuring approximately 20-feet x 17-feet, supported by eleven 24-inch steel pipe piles. The dolphin would also have a pile-supported fender system, which would include three 16-inch steel H-piles. Access to the new dolphin would be provided from the existing dock by a new grated walkway, approximately 3 feet wide by 100 feet long. Pile installation would be conducted with a vibratory hammer to the extent practicable, to minimize the potential for impacts associated with temporarily elevated underwater noise. An impact hammer would be used to drive the piles to final tip elevation and for proofing. A bubble curtain would be employed during impact pile driving to attenuate underwater noise. Once piles are driven to final tip elevation they would be filled with clean sand, and then a concrete pile cap would be installed.
Temporary falsework would be built to construct cast-in-place concrete pile caps. Watertight formwork would be built on the falsework, and a steel reinforcing cage for the pile cap would be constructed. After the cage has been completed and side forms have been placed, the concrete would be cast. Most of this work would be accomplished using water-based equipment (i.e., from a barge or similar equipment). Concrete would be delivered to the site by ready-mix truck and placed by pump or crane-supported bucket. While portions of the falsework and formwork may extend below the ordinary high water mark (OHWM) elevation, forms would be sealed, and containment measures would be in place to ensure that no uncured concrete would come in contact with the water; therefore concrete casting for the pile cap would not be restricted to the in-water work window. Following the pile cap installation, and once concrete for the pile cap is fully cured, formwork and falsework would be removed, and surface features (fender, handrail, bollard, etc.) would be installed and painted or finished to specification. Temporary piles may be required to install pile driving templates and falsework. The temporary piles would most likely be 18- or 24-inch piles, and they would be driven and extracted with a vibratory hammer. The exact number of temporary piles that may be required is not known, but it is estimated that fewer than 10 piles would be needed. Temporary piles, if necessary, would be in place for a maximum of approximately 8 weeks. New dolphin piling installation would be conducted within the October 1 – November 30 in-water work window.
Dock Breasting Dolphin Fender Pile Replacement: Replacement of three 24-inch steel fender piles at three existing dock breasting dolphins. A total of nine existing 24-inch steel fender piles would be replaced. The dock breasting dolphins serve to anchor the existing Berth 601 floating dock in place. To conduct the proposed fender piling replacement work, the existing floating dock would need to be temporarily displaced off the existing fender piles. This may require the installation of temporary piles. These temporary piles would likely be 18- or 24-inch piles, and they would be driven and extracted with a vibratory hammer. The temporary dock displacement (including installation and removal of temporary piles, if needed) would require approximately 8 weeks to complete.
Replacement fender piles would be removed and installed with a vibratory hammer. An impact hammer may be used if needed to finish installation to design tip elevation. Once piles have been installed to final elevation, they would be cut off, filled with clean sand, and a top plate would be welded into place. Once the fender pile installation is complete, the floating dock would be moved back to its original position. Fender pile replacement would be conducted within the October 1 - November 30 in-water work window.
Mooring Dolphin Structural Pile Repairs: Ten pile repairs would be conducted on Mooring Dolphins 1 and 2. The structural pile repairs would consist of welding curved steel plate sections onto the existing piles over the indented areas. The plate sections would consist of 1/2 -inch thick steel and would be curved to match the radius of the pile. The section of welded plate would overlap each indented area by approximately 2-inches. The structural pile repairs would most likely be performed while the river level is low, and the entire repair area is above the water level. In this case, the repairs would not be restricted to the in-water work window. If any underwater welding is required, that activity would be restricted to the October 1 - November 30 in-water work window.
Floating Dock Rub Rail Replacement: The existing treated timber rub rail would be removed, and a replacement plastic timber rub rail would be installed. Steel supports would be installed and/or repaired where necessary to support the new rub rail. The rub rail replacement would be conducted according to the spill prevention best management practices (BMPs) established in the SLOPES IV Programmatic Biological Opinion and would include the use of containment booms to minimize the potential for introduction of any wood debris to the aquatic environment during removal. The rub rail replacement would be conducted above the OHWM elevation and in the dry and therefore this work would not be restricted to the in-water work window.
Mitigation: The applicant proposes to avoid and minimize impacts from the construction of the new dolphin and walkway by constructing structures that are the minimal size needed for functionality and implementing best management practices. The Port would conduct the work within established in-water work windows and utilize BMPs to minimize potential effects to aquatic resources and fish species. The applicant has provided a proposed compensatory mitigation to offset loss of benthic habitat and open water habitat. The applicant has proposed removal of 50 existing creosote-treated timber piles from the vicinity of the existing dock. The Corps would determine the type and amount of compensatory mitigation necessary to offset environmental losses from the proposed project.
Drawings: Eleven (11) drawings are attached and labeled Corps No. NWP-2019-132. 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 Regulatory website at http://www.nwp.usace.army.mil/Missions/Regulatory and select Regulatory Public Notices from the list of Regulatory pages.
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 14, Rivers and Harbors Act 1899 (33 U.S.C. 408) (referred to as “Section 408”), for work to alter a Corps civil works project. An alteration is defined as any action that builds upon, alters, improves, moves, occupies or otherwise affects the usefulness, or the structural or ecological integrity of a Corps federally authorized project. The proposed project may alter the Oregon Slough (Federal Navigation Channel).
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. The fill material would be commercially mined Columbia River sand.
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 would 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 has initiated 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 has initiated 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 that the described activity is not located on a property registered or eligible for registration in the latest published version of the National Register of Historic Places (NRHP). The proposed work contains 19th century cultural resources which are not expected to be eligible for listing in the NRHP, and therefore this undertaking is expected to have no effect to historic properties.
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 be applying for the following additional governmental authorizations for the project: Oregon Department of Environmental Quality (DEQ) 401 Water Quality Certification.
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 e-mail. 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
Margaret Chang
P.O. 2946
Portland, Oregon 97208-2946
E-mail: Margaret.Chang@usace.army.mil
Telephone: (503) 808-4041
PUBLIC NOTICE
Oregon Department of Environmental Quality (DEQ)
Water Quality 401 Certification
Notice Issued: April 24, 2019
Written Comments Due: May 24, 2019
Corps of Engineers No: NWP-2019-132
Oregon Department of State Lands No: 61841-RF
WHO IS THE APPLICANT: Port of Portland
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 Permit 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) 229-5623.
Any questions on the water quality certification process may be addressed to the 401 Permit Coordinator at (503) 229-5623 or toll free within Oregon at (800) 452-4011. People with hearing impairments may call the Oregon Telecommunications Relay Service at (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 or mailed 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 Permit Coordinator
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: DEQ can provide documents in an alternate format or in a language other than English upon request. Call DEQ at (800) 452-4011 or email deqinfo@deq.state.or.us.