PUBLIC NOTICE
Application for Permit
Issue Date: September 12, 2023
Expiration Date: October 12, 2023
U.S. Army Corps of Engineers No: NWP-2023-223
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 drawings. The Corps is soliciting comments on the proposed work.
Applicant:
United States Coast Guard, Civil Engineering Unit Oakland
Attention: Daniel Ursino
1301 Clay Street, Suite 700N
Oakland, CA 94612
Telephone: (510) 637-5500
Applicant’s Agent:
United States Coast Guard, Civil Engineering Unit Oakland
Attention: Erin Hale
1301 Clay Street, Suite 700N
Oakland, CA 94612
Email: Erin.E.Hale@uscg.mil
Telephone: (510) 637-5567
Location: The project is located in the Umpqua river at the U.S. Coast Guard Station Umpqua River, located at 335 Beach Boulevard in Winchester Bay, Douglas County, Oregon. The site is in Section 7, Township 22 South, Range 12 West. Latitude/Longitude: 43.68117°, -124.17814°.
Dredged material disposal would occur at (1) the U.S. Environmental Protection Agency (EPA) Umpqua River Ocean Dredged Material Disposal North or South Site (ODMDS) or (2), an approved upland landfill site.
Ocean Disposal Sites
The North Umpqua River ODMDS site is approximately 578.5 acres (ac) in size and is defined by the corner points (North American Datum (NAD) 1983):
43° 41’ 23”N, 124° 14’ 20”W
43° 41’ 25”N, 124° 12’ 54”W
43° 40’ 43”N, 124° 14’ 17”W
43° 40’ 46”N, 124° 12’ 52”W
The South Umpqua River ODMDS site is approximately 578.5 ac in size and is defined by the corner points (NAD 83):
43° 39’ 31”N, 124° 14’ 35”W
43° 39’ 33”N, 124° 13’ 09”W
43° 38’ 51”N, 124° 14’ 33”W
43° 38’ 53”N, 124° 13’ 07”W
Waterway: Umpqua River; Pacific Ocean.
Project Purpose: The applicant’s stated purpose is to provide and maintain sufficient water depths for vessels at U.S. Coast Guard Station Umpqua River.
Project Description: The applicant would dredge and dispose of up to 11,500 cubic yards (cy) of silt and sand over a 10-year period from below the high tide line (HTL) of the Umpqua River to maintain vessel access. The initial dredging activity would remove up to 7,000 cy of sediment; an additional dredging event would remove up to 4,500 cy of sediment.
The applicant’s dredge prism measures approximately 1.3 acres and would be dredged to an elevation of -12 feet Mean Lower Low water datum. Slope cuts adjacent the edge of the dredging would not exceed 3 foot horizontal to 1 foot vertical side slopes.
The applicant would dispose of dredged material below the HTL of the Pacific Ocean at the EPA North and/or South Umpqua River ODMDS, or at an approved upland landfill site.
The applicant would conduct work using mechanical or hydraulic methods. Dredging would occur via mechanical clamshell to a barge (scow) or hydraulic suction dredging directly to a scow for transport to the ODMDS or to a dock location where it would be transported to an upland landfill. The hydraulic dredging pipeline would measure approximately 18 to 30-inches in diameter and be composed of high-density polyethylene (HDPE) plastic or steel. The scow would be held in position by temporary spud piles. Excess water on the scow would be filtered using hay bales and geotextile fabric prior to release to the waterway. A tug would take the scow to the ODMDS site. Dredging production rate is anticipated to be up to 2,500 cy per day. Therefore, it is anticipated that it will take 3 days to dredge 7,000 cy and 2 days to dredge 4,500 cy. Assuming a minimum load size of 600 cy, it would take up to 12 loads (trips) to transport 7,000 cy and 8 loads to dredge 4,500 cy.
The applicant would conduct dredging and disposal during the Oregon Department of
Fish and Wildlife (ODFW) preferred in-water work window between November 1 and January 31, or from July 1 to October 31, if an in-water work period variance is approved.
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 has determined that sediment testing is required for this project. Project sediments may require physical, chemical, and/or biological testing to support the permit application evaluation. The USCG sampled the dredge area on May 23, 2023; physical and chemical testing results are pending. Sediment data from the adjacent channel indicate that sediments will likely be fine-grained.
Dredged material found suitable for unconfined, aquatic disposal would be disposed at the North or South Umpqua River ODMDS sites. Dredged material which is determined to be unsuitable for aquatic placement would be disposed at an approved upland landfill location. The applicant proposes to manage the unsuitable post-dredge surface sediments by transferring sediments to a flat-deck or bin-barge to be transported to an approved dock facility where the sediments would be transferred to an upland holding tank for treatment and disposal or contained in an upland settling basin or tank to dewater and dry. The dry dredged material would be transferred by truck for disposal at an approved landfill.
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 proposing to remove only the minimum amount of material necessary to conduct safe and reliable vessel navigation; by conducting work during the ODFW preferred in-water work period; by adhering to any requirements of the biological opinion prepared by the National Marine Fisheries Service, if issued, and by adhering to the requirements of the Clean Water Act Section 401 Water Quality Certification (WQC), if issued. 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: Five (5) drawings are attached and labeled Corps No. NWP-2023-223. 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: By regulation, the timeframe of a Department of the Army permit involving the disposal of dredged material in ocean waters is limited to three years in length (33 CFR 325.6(c)).
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.
Section 103, Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413), for transport of dredged material for the purpose of dumping it into ocean waters.
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 Umpqua River Entrance Channel project.
Clean Water Act Section 404(b)(1) Guidelines: The described discharge will be evaluated for compliance with guidelines promulgated by the U.S. EPA 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.
Marine Protection, Research, and Sanctuaries Act (MPRSA): The proposed project would transport and dispose of dredged material at the North and/or South Umpqua River ODMDS. These sites have been designated as a disposal site by the U.S. EPA pursuant to Section 102 of MPRSA. See the attached drawings for the location and boundaries of the disposal sites. The dredged material would consist of silt and sand. Disposal activities at the disposal site would occur twice over a ten-year period.
Previous discharges at the disposal site have been dredged material from the maintenance of the Federal navigation channel and dredged material from Corps-authorized projects (e.g., dredging at wharfs and boat slips). Previous discharges have generally consisted of silts and sands. The dredged material will be evaluated in accordance with criteria established by the EPA for ocean dumping of dredged material. The Corps will request the EPA’s concurrence for use of the disposal site for this project. The EPA and Corps manage the disposal site, which includes documenting the effects of other authorized disposals that have been made at the disposal 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. The state’s notice for a water quality certification is attached.
Coastal Zone Management: Section 307(c) of the Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1456(c)), requires Federal agencies conducting activities in the coastal zone to comply to the maximum extent practicable with an approved state coastal zone management program. As a Federal agency, the U.S. Coast Guard will coordinate with the Oregon Department of Land Conservation and Development as necessary to ensure the project complies with the Coastal Zone Management Act’s directives.
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 any endangered species or designated critical habitat. For this project, the U.S. Coast Guard, as the lead Federal agency for ESA consultation completed consultation with the USFWS as required under Section 7 of the ESA. The USFWS concurred with the lead agency’s effect determination for this project on March 24, 2023. The NMFS opinion is pending at this time.
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 its vicinity. For this project, the U.S. Coast Guard, as the lead Federal agency for MSA consultation is consulting with NMFS as necessary.
Historic Properties/Cultural Resources: Section 106 of the National Historic Preservation Act (NHPA) of 1966, as amended (16 U.S.C. 470), 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. For this project, the U.S. Coast Guard, as the lead Federal agency for determining compliance with Section 106 of the NHPA, will consult with the appropriate State and/or Tribal Historic Preservation Officer as applicable. 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 Oregon State Historic Preservation Office, interested Native American 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 has obtained approval from Douglas County, has applied for Clean Water Act Section 401 WQC from the Oregon Department of Environmental Quality, and is seeking a Coastal Zone Management Act consistency determination from the Oregon Department of Land Conservation and Development.
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; 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.
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 email, 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 email address:
U.S. Army Corps of Engineers
Darla White
Eugene Field Office
211 E. 7th Avenue, Suite 105
Eugene, Oregon 97401-2763
Email: Darla.J.White@usace.army.mil
Telephone: (541) 465-6894
PUBLIC NOTICE
Oregon Department of Environmental Quality (DEQ)
Water Quality 401 Certification
Notice Issued: September 12, 2023
Written Comments Due: October 12, 2023
Corps of Engineers No: NWP-2023-223
Oregon Department of State Lands No: Navigational Servitude Exemption
WHO IS THE APPLICANT: U. S. Coast Guard
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.” Additional Section 401 process information is available on DEQ’s webpage (https://www.oregon.gov/deq/wq/wqpermits/Pages/Section-401-Certification.aspx).
Written comments: Written comments on project elements related to water quality must be received at the Oregon Department of Environmental Quality by 5:00 p.m. on the date specified in the upper right section on page one of this notice. Comments may be submitted electronically or through standard mail.
Email –
401publiccomments@deq.oregon.gov
Mail –
Oregon Department of Environmental Quality, Northwest Region
700 NE Multnomah Street, Suite #600
Portland, Oregon 97232
Attn: 401 Water Quality Certification 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. Public records can be accessed through the Your DEQ Online public records portal webpage
(https://ordeq-edms-public.govonlinesaas.com/pub/login).
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.oregon.gov.
PUBLIC NOTICE
Oregon Ocean and Coastal Management Program
Consistency Certification
Date: September 12, 2023
U.S. Army Corps of Engineers No: Corps No. NWP-2023-223
Oregon Department of State Lands No: Navigational Servitude Exemption
NOTIFICATION:
For projects subject to coastal zone review, notice is hereby given that the project is being reviewed by the Department of Land Conservation and Development (DLCD) as provided in Section 307(c) of the Coastal Zone Management Act. The applicant believes that the activities described in the attached materials would comply with and be conducted in a manner consistent with the Oregon Ocean and Coastal Management Program. Project information can be made available for inspection at DLCD's Salem office.
DLCD is hereby soliciting public comments on the proposed project’s consistency with the Oregon Coastal Management Program. Written comments may be submitted to DLCD, 635 Capital Street NE, Suite 150, Salem, Oregon 97301-2540. Comments may also be sent by fax to (503) 378-6033 or by email to coast.permits@dlcd.oregon.gov. All comments must be received by DLCD on or before the comment deadline listed in the accompanying Corps of Engineers’ Public Notice Application for Permit. For further information, you may call DLCD at (503) 373-0050.
REVIEW CRITERIA:
Comments should address consistency with the applicable enforceable policies of the Oregon Coastal Management Program. These enforceable policies are found in the following:
- Acknowledged Local Comprehensive Plans & Implementing Ordinances
- Statewide Planning Goals
- Applicable State Authorities incorporated into the Oregon Coastal Management Program (e.g., Removal-Fill Law, Water Quality Standards, Beach Bill, etc.) as applicable.
A list of specific enforceable policies can be found at the following link:
http://www.oregon.gov/LCD/OCMP/Pages/OCMP_Enforceable-Policies.aspx
INCONSISTENT?
If you believe this project is inconsistent with the Oregon Coastal Management Program, your comments to DLCD should explain why you believe the project is inconsistent and should identify the Oregon Coastal Management Program element(s) in question. You should also describe how the project could be modified, if possible, to make it consistent with the Oregon Coastal Management Program.