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-2008-472-2

PORTLAND DISTRICT
Published June 7, 2023
Expiration date: 7/7/2023

                                                                                                   Joint Public Notice
Application for a Department of the Army Permit and a Washington Department of Ecology Coastal Zone Management Consistency
                                                                                                       Concurrence

 

 

US Army Corps of Engineers
Regulatory Branch
P.O. Box 2946
Portland, OR 97208-2946
Telephone: (503) 808-4378

ATTN: Kinsey M. Friesen
Project Manager

WA Department of Ecology
SEA Program
Post Office Box 47600
Olympia, WA 98504-7600
Telephone: (360) 407-6076

ATTN: SEA Program,
Federal Permit Coordinator

Public Notice Date: June 7, 2023
Expiration Date: July 7, 2023
Reference No.: NWP-2008-472-2

 

 

Interested parties are hereby notified that the U.S. Army Corps of Engineers, Portland District (Corps) and the Washington Department of Ecology (Ecology) have received an application to perform work in waters of the U.S. as described below and shown on the attached drawings. The Corps and Ecology are soliciting comments on the proposed work.

The Corps will review the work in accordance with Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act. Ecology will review the work pursuant to Section 401 of the CWA, with applicable provisions of State water pollution control laws and the Coastal Zone Management Act.

The Corps will also review the work in accordance with Section 14 of the Rivers and Harbors Act of 1899, as codified at 33 U.S.C. Section 408 (Section 408), for work that may 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 Columbia River Navigation Channel.

APPLICANT
Port of Chinook
Attention: Tracy Lofstrom
P.O. Box 185
Chinook Washington 98614
Email: tlofstrom@portofilwaco.org
Telephone: (360) 642-3143

AGENT
Moffatt and Nichol
Attention: Amber Roesler
915 Broadway Street, Suite 100
Vancouver, Washington, 98660
Email: aroesler@moffattnichol.com
Telephone: (503) 679-3656

LOCATION: The project is located at 743 Water Street in Chinook, Pacific County, Washington.
The site is in Section 17, Township 9 North, Range 10 West. Latitude/Longitude of the Marina Dredge Site is 46.27027°, ‑123.94736°.
Latitude/Longitude of the Upland Placement Site is 46.26928°, ‑123.944372°.
Latitude/Longitude of the In-water Placement Site is 46.26795°, ‑123.942467°.

WATERWAY: The proposed dredge area is located along the east shoreline of Baker Bay within the Columbia River, river mile 6. Baker Bay is tidally influenced, located on the north side of the Columbia River and is an estuary for the Wallacut and Chinook Rivers.

PROJECT PURPOSE: The project purpose is to maintain existing dredge depths for moorage at the Port of Chinook.

PROJECT DESCRIPTION: The Port of Chinook (Port) proposes to dredge a maximum of 300,000 cubic yards (cy) of sediment over a 10 year period from within the Port’s 9.7-acre marina below the mean high water (MHW) and High Tide Line (HTL) of the Columbia River to the previously authorized dredged depths of -8 feet and -10 feet mean low lower water (MLLW). The initial dredge total would be up to 65,761 cy. After the initial dredge event, the Port would conduct annual maintenance dredging up to 25,000 cy to the previously authorized depths over a 10 year period.

Table 1. Summary of Annual Maximum and Average Dredge Volumes

Site

Initial dredge event (cubic yards)

Maximum amount of material (cubic yards) to be dredged each year

Average amount of material (cubic yards) to be dredged each year after initial dredge event

Total Maximum dredged over a 10-year period (cubic yards)

Chinook Marina Dredge prism

65,761 cy

25,000 cy

20,000 cy

300,000 cy


The previously authorized 1.5-acre upland placement site is located adjacent and southeast of the marina and includes two settling ponds isolated by berms. Dredged material would enter the first pond via pipeline for settling of particulates prior to the effluent waters entering the second pond via pipeline constructed within the berm. The effluent water would infiltrate into the ground at the disposal site and excess water would flow through the second settling pond prior to discharge to Baker Bay through a weir system.

The upland placement site is currently full; therefore, the Port proposes a one-time placement of up to 25,000 cy of previously dredged material currently stored at the upland placement site into a new proposed nearshore 27-acre in-water dispersive placement site. The in-water placement site is located adjacent to the marina and avoids structures. The Port proposes to place the initial dredge material amount of 65,761 cy of into the in-water dispersive site and up to 20,000 cy on an average annual basis for a 10 year period. Annual in-water placement would temporarily disturb approximately 4.4 acre of the in-water dispersive site each year. Up to 10,000 cy of dredged material would be placed at the upland placement site on an average annual basis.

Table 2. Summary of Amount of Material and Acreage of Impact Average Dredge Volumes

Site

Initial dredge event (cubic yards)

One time placement of previously dredged material from upland site (cubic yards)

Average Annual Amount of Material (cubic yards)

Average Annual Acreage of Material Removal/Fill

In-Water Placement

65,761 cy

25,000 cy

10,000 cy

4.4 acres

Upland Placement Site

--

--

10,000 cy

1.5 acres

Port of Chinook Marina – Dredge Area

65,761 cy

--

--

9.7 acres

 

The in-water dispersive placement site would impact 0.2 acre of native eelgrass beds and 0.3 acre of mixed native and non-native eelgrass beds. As potential mitigation for effects to eelgrass, the Port proposes to conduct eelgrass plantings in Baker Bay at a 1.2:1 ratio or remove up to 10 relic creosote-treated piles using a vibratory hammer. Direct-pull extraction would be used when vibratory extraction methods fail. A containment boom would surround the work area to contain and collect any floating debris and sheen. The removed material would be contained on a barge into a container or confined by sediment and erosion control devices such as straw bales, filter fabric, or similar containment materials along the perimeter of the barge. Collected debris would be removed from the water and disposed of at an appropriate upland facility.

The Port would use either a hydraulic cutter suction dredge or a mechanical dredge, clamshell or bucket equipment to conduct the dredging activities. The hydraulic dredge cutterhead will be buried typically 3-6 feet deep into the sediments and swing in a 250-300 foot arc in front of the dredge. The cutterhead would suck up dredged material and deposit by pipeline to the upland and in-water placement areas. The Port would use the mechanical dredge to scoop material into a bucket, clamshell, or backhoe operated from either a crane or derrick mounted on a barge or operated from shore. Sediments from the mechanical dredge would be placed on a scow or bottom dump split barge. In-water placement would occur through the opening of the bottom doors or splitting barge. In-water work would be conducted during the in-water work window of July 15 to March 14.

DREDGED MATERIAL TESTING: The proposed dredged material will be 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 will determine if sediment testing is required for this project. Project sediments may require physical, chemical, and/or biological testing to support the permit application evaluation. The PSET will evaluate the applicant’s sediment testing results and determine if project sediments are suitable for unconfined, aquatic disposal and exposure. The proposed project includes future maintenance dredging. Prior to each maintenance dredging cycle the applicant would be required to coordinate with the Corps and the PSET to determine if additional sediment testing is required.

MITIGATION: The applicant proposes to avoid and minimize impacts from the project by implementing best management practices to reduce turbidity and water quality degradation including, but not limited to smooth closure of the bucket prior to lifting through the water column, no stockpiling of dredged material on the riverbed, maintaining suction head of hydraulic dredge at the riverbed to the extent practicable, slowing the velocity of the ascension while loaded, pausing the dredge bucket near the river bottom while descending and near the water line while ascending, and placing filter material over the barge scuppers to clear return water. If sediment is placed on a barge for delivery to the placement area, no spill of sediment from the barge would be allowed. The barge would be managed such that the dredged sediment load does not exceed the capacity of the barge. Hay bales and/or filter fabric may be placed over the barge scuppers to help filter suspended sediment from the barge effluent, if needed. Dredge vessel personnel would be trained in hazardous material handling and spill response, and would be equipped with appropriate response tools, including adsorbent oil booms. If a spill occurs, spill cleanup and containment efforts would begin immediately and would take precedence over normal work. The dredging contractor would be responsible for the preparation of a Spill, Prevention, Control, and Countermeasure (SPCC) Plan to be used for the duration of the project. The plan would be submitted to the project engineer prior to the commencement of any construction activities. A copy of the plan with any updates would be maintained at the work site by the contractor. The Port aligned the majority of the in-water placement site outside of eelgrass habitat, reducing impacts to native eelgrass from 2.4 acres to a 0.2 acre area of native eelgrass and a 0.3 acre area of mixed native and non-native eelgrass. The applicant proposes to offset unavoidable impacts to native eelgrass beds within one year of the dredged material placement event. Mitigation option alternatives include 1) removing derelict piles located near the marina; or 2) installing eelgrass plantings in Baker Bay at a 1.2:1 ratio. The Corps will determine the type and amount of compensatory mitigation necessary to offset environmental losses from the proposed project.

DRAWINGS: Five (5) drawings are attached and labeled Corps No. NWP-2008-472-2. 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 under Regulatory Pages select Permit Application Public Notices.

ADDITIONAL INFORMATION: The marina has been an operating marina since the 1950s. In the early 1960s, the Port developed a 34-slip marina, which was later expanded to 310 slips and a deeper moorage basin. The existing structures at the marina include an operating marina with concrete, wood, and composite dock floats and moorage slips secured with timber and steel piles. A two-lane concrete boat ramp is located on the northeast side of the marina open to the public. A commercial wharf, including a seafood processing facility, is located on the northwest side of the marina. The marina has one fueling dock located south of the boat ramp. The majority of the shoreline is armored with riprap and/or low-lying vegetation. An approximately 1,800-foot long rock breakwater creates an entrance channel to the marina and provides protection from the waters of Baker Bay. The upland properties adjacent to the marina are occupied by a commercial seafood facility, marina parking, Port offices and the Port’s upland dredged material placement site.

Annual maintenance dredging keeps the marina actively operating. Historically, the Port has dredged targeted areas. Maintenance dredging at the Port of Chinook marina is currently authorized by a U.S. Army Corps of Engineers (USACE) permit (NWP-2008-472-1) that expires 2026 to dredge up to 200,000 cubic yards at the Chinook marina over a 10 year period. The existing permit authorizes maintenance dredging to -8 feet MLLW and to -10 feet MLLW as well as placement of the dredged material at the upland placement site located adjacent to the marina using a hydraulic cutter suction dredge for placement in uplands via pipeline. The currently authorized in-water work window for dredging at the marina is 15 July through 14 March.

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 Section 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 fill material would be Columbia River sands dredge and placed in an upland and an in-water area.

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 will (has) initiate(d) 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.

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.

EVALUATIONCORPS: The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed 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 proposal, 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, considerations 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; Native American 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.

EVALUATIONECOLOGY: Ecology is soliciting comments from the public; Federal, Native American Tribes, State, and local agencies and officials; and other interested parties in order to consider and evaluate the impacts of this activity. Ecology will be considering all comments to determine whether the project is consistent with the Washington Coastal Zone Management Program.

STATE AND LOCAL AUTHORIZATIONS:
This proposal is the subject of Shorelines Substantial Development from Pacific County, the Washington State Department of Ecology (Ecology),

COMMENT AND REVIEW PERIOD: Conventional mail or email comments on this public notice will be accepted and made part of the record and will be considered in determining whether authorizing the work would not be contrary to the public interest. In order 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 permit applicant’s name and Corps reference number as shown on page one. Either conventional mail or email comments must include the permit applicant’s name and reference number, and the commenter’s name, address, and phone number. All comments whether conventional mail or email must reach this office, no later than the expiration date of this public notice to ensure consideration.

CORPS COMMENTS: All email comments should be sent to kinsey.m.friesen@usace.army.mil.

Conventional mail comments should be sent to: U.S. Army Corps of Engineers, Regulatory Branch, Attention: Kinsey M. Friesen, P.O. Box 2946, Portland, OR 97208-2946. Additional information about the proposed project may be obtained from the Corps Project Manager listed above. 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.

ECOLOGY COMMENTS: Any person desiring to present views on the project pertaining to Coastal Zone Management consistency concurrence, may do so by submitting written comments to the following address: Washington State Department of Ecology, Attention: Federal Permit Coordinator, Post Office Box 47600, Olympia, Washington, 98504-7600, or email to ecyrefedpermits@ecy.wa.gov.