PUBLIC NOTICE for Permit Application
Issue Date: July 5, 2013
Expiration Date: August 3, 2013
US Army Corps of Engineers No: NWP-1996-1783-2
30-Day Notice Oregon Department of State Lands No: 52657-RF
Interested parties are hereby notified that an application has been received for a Department of the Army permit for certain work in waters of the United States, as described below and shown on the attached plan.
Comments: Comments on the described work should reference the U.S. Army Corps of Engineers number shown above and reach this office no later than the above expiration date of this Public Notice to become part of the record and be considered in the decision. Comments should be mailed to the following address:
U.S. Army Corps of Engineers
Attn: Karen Nelson
P.O. Box 2946
Portland, OR 97208-2946
Applicant: Kurt Fritsch, City Manager
City of Warrenton
P.O. Box 250
Warrenton, OR 97146
Location: The project is located within the Warrenton Moorage Basin (Latitude 46.1659, Longitude -123.9176) and 1000 feet parallel to the Skipanon River (abutting the north end of the basin) in Warrenton, Clatsop Co., Ore. (Section 22, Township 8 North, Range 10 West).
Waterway: Skipanon River and Columbia River
Project Description: Hydraulic suction (16-inch) dredge predominant silty clay and silty clay loam compositions an increased-depth not to exceed 2.5 feet of material, within a 12-acre area, to depths -6 feet, -8 feet, and -10 feet NAVD88, for a total of 45,000 cubic yards. Dredge material would be barged and discharged in an approved Columbia River mainstem flow lane site, within one mile of project site, pending approval from the Portland Sediment Evaluation Team. In addition, 173 wood–preserved (creosote and/or tar) pile, with flotation booms to contain debris, would be removed with a vibratory hammer to a containment area on a barge, and recycled or disposed of in compliance with current disposal/recycling regulations. Forty-one steel piles would be removed with a vibratory hammer, 295 recreational and 49 commercial wooden boat slips (old, foam balanced floats with a mix of treated and untreated deck materials) would be removed with barge-mounted equipment and land-based cranes (accessed from existing dike roads and commercial pier), and discarded to an approved upland location. Project staging area (less than 1 acre) utilizes a commercial parking and work area southwest of marina, partially under the East Harbor Street Bridge. Moorage would be replaced with 206 recreational and 60 commercial translucent-steel slips, manufactured off-site, off-loaded by crane, and partially assembled on the water, with two new translucent gangways. Steel piles (200 steel piles) would be driven with a vibratory hammer. Project is proposed in phases to meet the in-water-work window during November through February. Phase 1 would upgrade moorage infrastructure, Phase 2 includes dredging, and Phase 3 and possibly Phase 4 would complete the project.
Mitigation: The applicant has proposed mitigation. Wood–preserved (creosote and/or tar) pile (173) would be removed from the moorage basin to a containment area and disposed in compliance with current disposal/recycling regulations.
If a permit is issued, the Corps will determine what is appropriate and practicable compensatory mitigation. The amount of compensatory mitigation required shall be commensurate with the anticipated impacts of the project.
Purpose: Dredge the Warrenton Moorage Basin to improve navigation for recreational and commercial vessels, replace aging moorage facilities, improve public safety, and increase city and business revenues.
Drawings: Four drawings are attached and labeled Corp No. NWP-1996-1783-2 enclosure.
Additional Information: Additional information may be obtained from Karen Nelson, Project Manager, U.S. Army Corps of Engineers at 503-808-4383 or email Karen.L.Nelson@usace.army.mil.
Authority: This permit will be issued or denied 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.
Water Quality Certification: A permit for the described work will not be issued until certification, as required under Section 401 of the Clean Water Act (P.L. 95‑217), has been received or is waived from the certifying state. Attached is the state's notice advertising the request for certification.
Section 404(b)(1) Evaluation: The impact of the activity on the public interest will be evaluated in accordance with the Environmental Protection Agency guidelines pursuant to Section 404(b)(1) of the Clean Water Act.
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.
Endangered Species: Preliminary determinations indicate that the described activity may affect an endangered or threatened species or its critical habitat. Consultation under Section 7 of the Endangered Species Act of 1973 (87 Stat. 844) will be initiated. A permit for the proposed activity will not be issued until the consultation process is completed.
Cultural Resources: This notice has been provided to the State Historic Preservation Office, 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 above in this notice) to assist in a complete evaluation of potential effects.
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 described activity 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 this 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.
Additional Requirements: State law requires that leases, easements, or permits be obtained for certain works or activity in the described waters. These state requirements must be met where applicable, and a Department of the Army permit must be obtained before any work within the applicable Statutory Authority previously indicated may be accomplished. Other local governmental agencies may also have ordinances or requirements, which must be satisfied before the work is accomplished.