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Permit Application Public Notices

The United States Congress authorizes the U.S. Army Corps of Engineers to regulate activities that may impact wetlands and waters of the United States. This authority is granted and defined under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Federal Water Pollution Control Act Amendments of 1972, also known as the Clean Water Act.

Public involvement is a key element of the Corps’ permit review process. During an application review, the Corps considers the views of other federal, state and local agencies, Native American tribes, interest groups, and the general public. The results of this careful public interest review are fair and equitable decisions that allow reasonable use of private property, infrastructure development, and growth of the economy, while offsetting the authorized impacts to the waters of the United States.

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NWP-2019-93

Published July 19, 2019
Expiration date: 7/11/2019

PUBLIC NOTICE
Application for Permit

Issue Date: June 11, 2019
Expiration Date: July 11, 2019
US Army Corps of Engineers No: NWP-2019-93
Oregon Department of State Lands No: APP0061792

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:
Clatsop County
Attention: Ted Mclean
1100 Olney Avenue
Astoria, Oregon 97103
E-mail: tmclean@co.clatsop.or.us
Telephone: (503) 325-8631

Applicant’s Agent:
Pacific Habitat Services
Attention: John van Staveren
9450 SW Commerce Circle, Suite 180
Wilsonville, Oregon 97070
E-mail: jvs@pacifichabitat.com
Telephone: (503) 570-0800

Location: The project site is located at the north end of Westport Boat Ramp Lane in Westport, Clatsop County, Oregon. The site is in Section 36, Township 8 North, Range 6 West. Latitude and Longitude: 46.136845 North, 123.372942 West

Waterway: Westport Slough and Wetlands A, B, C, and D

Project Purpose: The project purpose is to replace existing facilities with safe and modern public amenities, including a boat launch, boarding dock, boat tie up dock, parking lot, and restroom facilities.

Project Description: The proposed project is the Westport boat ramp and dock replacement. The project would place up to 2,163 cubic yards of dredged and fill material within 0.317 acre below the high tide line (HTL) of the Westport Slough and within Wetlands B and C. The project includes the removal of the existing boat ramp and boarding dock, construction of a new boat ramp and boarding dock, construction of an aluminum gangway and boat tie up dock, and improvements to the existing parking lot facility.

Existing Boat Ramp Removal
The existing 19-foot by 73-foot concrete single-lane boat ramp and the 6-foot by 100-foot twin wooden boarding docks would be removed. The existing 10-foot by 15-foot remnant wood platform would also be removed from the project area. Excavated concrete would be placed in temporary upland stockpile locations within the existing gravel parking area prior to being hauled to an upland disposal location. The project would place up to 19 cubic yards of the clean sand to backfill 0.023 acre below the HTL of the Westport Slough to restore the grade of the removed boat ramp area after the concrete ramp has been removed.

Proposed Boat Ramp
The project would construct a 47-foot by 115-foot double lane concrete boat ramp and a 6-foot by 140-foot aluminum gangway and boat tie up dock. The project would excavate up to 1,045 cubic yards of native bed material within 0.187 acre of the Westport Slough. Native bed material would be temporarily stockpiled in the upland stockpile locations in the gravel parking area. Up to 1,892 cubic yards of base rock, riprap and concrete would be placed for the construction of the boat ramp and for erosion protection within 0.187 acre below the HTL of the Westport Slough. The boat ramp would be constructed with pre-cast concrete below the HTL of the Westport Slough. Up to 178 cubic yards of native bed material would be used to fill the voids of the exposed riprap and restore bank conditions. Four 12-inch round steel piles would be driven in to support the boarding ramp. All piles would be installed with a vibratory hammer.

Proposed Dock
The project proposes to construct a 10-foot by 332-foot aluminum dock with an attached 6-foot by 30-foot paddle craft dock. The dock would be supported by thirteen 18-inch round steel piles. A 6-foot by 80-foot aluminum gangway would attach the dock to the shore, and the gangway would be supported by two 18-inch piles.

Parking Lot Improvements
The project would upgrade the existing parking area into a larger asphalt parking lot which would include ADA-accessible parking, sidewalks, restrooms, and concrete abutments. The project would place up to 210 cubic yards of material within 0.065 acre of Wetland B for parking lots, sidewalks, and restroom construction and up to 28 cubic yards of fill material within 383 square feet of Wetland C for construction of the parking lots.

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. The PSET determines the need for sediment testing based on the physical properties of dredged material, historical sediment quality data from the project and adjacent areas, current and historical land uses in and adjacent to the project area, and proximity of the project area to contaminant sources. The PSET has determined that no further testing or evaluation of the project sediments is necessary and that the project sediments are suitable for unconfined, aquatic disposal and exposure.

Mitigation: The applicant proposes to avoid and minimize impacts from the project by conducting in-water work during the Oregon Department of Fish and Wildlife preferred in-water work window of July 15 to September 15. The applicant would incorporate applicable soil erosion and sediment control best management practices. A vibratory hammer would be used for all piling removal and placement. If an impact hammer is required, sound attenuation devices would be installed and “soft start” procedures would be implemented. All pilings would be capped to prevent piscivorous birds from perching. A floating silt curtain would be used to minimize turbidity. The applicant has provided a proposed compensatory mitigation plan to offset losses of waters of the U.S. that may result from the proposed project. The applicant proposes to remove approximately 125 existing creosote timber pilings from the Westport Slough, located west of the boat ramp.

Drawings: Ten (10) drawings are attached and labeled Corps No.: NWP-2019-93. 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.
  • 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 source of the fill material would be from on-site native bed material and sourced from a commercial site.
  • 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 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 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 governmental authorizations for the project: Oregon Department of State Lands (DSL) Removal/Fill Permit, Oregon Department of Environmental Quality (DEQ) 401 Water Quality Certification, and DEQ 1200-C permit.

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 allow an alteration of a federally authorized project or 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, A
Mr. Brad Johnson
P.O. 2946
Portland, Oregon 97208-2946
Email: Brad.A.Johnson2@usace.army.mil
Telephone: (503) 808-4383

 

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

Notice Issued: June 11, 2019
Written Comments Due: July 11, 2019

Corps of Engineers No: NWP-2019-93
Oregon Department of State Lands No: APP0061792

WHO IS THE APPLICANT: Clatsop County

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 e-mailed 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.