Portland District

Home
Home > Media > Public Notices > Permit Application Article

ATTACHMENTS


  NWP-2015-402 public notice
Bookmark and Share Email Print


NWP-2015-402 (Revised)

Posted: 11/22/2016

Expiration date: 12/7/2016


Public Notice
Boundary Revision for a Proposed Regional General Permit for Maintenance Activities along the South Coast of Oregon


Issue Date: November 17, 2016
Expiration Date: December 7, 2016
Corps of Engineers No: NWP-2015-402

For additional information contact:
Ms. Judy Linton, Regulatory Project Manager 
Portland District, Regulatory Branch
Telephone: (503) 808-4382
judy.l.linton@usace.army.mil  

On August 16, 2016, the U.S. Army Corps of Engineers, Portland District (Corps), sent out a public notice requesting comments on a proposal to issue a regional general permit (RGP) authorizing certain maintenance activities in waters of the U.S. within Douglas, Coos, and Curry Counties. Based on a comment received from the Port of Siuslaw, the Corps is now proposing to extend the northern boundary of the RGP area to the Siuslaw River in Lane County.

The Port of Siuslaw has indicated they are now members of the Oregon South Coast Ports Coalition (Coalition) and the geographic boundary as proposed in the August 2016 public notice would have included all members of the Coalition except for the Port of Siuslaw. The members of the Coalition are one of the potential users of the proposed RGP, which also includes private and public facilities. Because the Coalition members engage in similar maintenance activities, the Corps is proposing to modify the RGP boundary to the area described below. All other terms and conditions of the proposed RGP remain as described in the August 16, 2016 public notice, which can be found on the Portland District Regulatory website at http://www.nwp.usace.army.mil/Missions/Regulatory/Notices/. 

Based on an evaluation of nationwide and standard permits authorizing similar maintenance and disposal activities, the Corps estimates the proposed RGP could be used up to 130 times within its proposed boundaries over a five year period.

REVISED LOCATION OF AUTHORIZED ACTIVITIES: The proposed RGP would be applicable along the South Coast of Oregon from the Siuslaw River in Lane County to the California border and within the limits of Oregon’s designated coastal zone. The coastal zone is bound on the west by the extent of the state’s territorial sea (generally 3 nautical miles offshore) and to the east by the crest of the Coast Range. Within this region, there are two exceptions to the eastern boundary: the Umpqua River, where the coastal zone extends to Scottsburg (approximate River Mile 28); and the Rogue River, where the coastal zone extends to Agness (River Mile 27.1).

WATER QUALITY CERTIFICATION: Portland District is requesting certification of this RGP under section 401 of the Clean Water Act (33 U.S.C. 1344). Attached is the revised Oregon Department of Environmental Quality public notice advertising the request for certification.

COASTAL ZONE MANAGEMENT ACT CERTIFICATION:
Section 307(c) of the Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1456(c)), requires non-Federal applicants seeking a federal license or permit to conduct any activity occurring in or affecting the coastal zone to obtain a Consistency Certification which indicates the activity conforms with the State’s Coastal Zone Management Program. The Corps is coordinating with the Oregon Department of Land Conservation and Development (DLCD) to obtain a programmatic consistency determination for this RGP. Attached is the revised DLCD public notice advertising the request for Consistency Certification.

ADDITIONAL INFORMATION:
The Clean Water Act (CWA) section 404(b)(1) guidelines at 40 CFR 230.7 provides conditions for issuing general permits. Information regarding the Corps’ provisional determination that the activities proposed to be authorized by this RGP comply with the CWA requirements for the issuance of general permits is available by contacting the Portland District office (see contact information above).

COMMENTS: Comments on the proposed boundary change should reference the U.S. Army Corps of Engineers number shown above and should reach this office no later than the expiration date of this public notice to become part of the record and to be considered in the decision. Comments should be mailed to the following address:

U.S Army Corps of Engineers, Portland District
Attn: CENWP-OD-G (Judy Linton)
P.O. Box 2946
Portland, Oregon 97208

Comments may also be sent by email to: judy.l.linton@usace.army.mil.

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

Notice Issued: November 17, 2016
Written Comments Due: December 22, 2016
Corps of Engineers No: NWP-2015-402

WHO IS THE APPLICANT: General Public

LOCATION OF CERTIFICATION ACTIVITY: See attached U.S. Army Corps of Engineers public notice and draft regional general permit.

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 Certification 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) 229-5263.

Any questions on the water quality certification process may be addressed to the 401 Program Coordinator at (503) 229-6030 or toll free within Oregon at (800) 452-4011. People with hearing impairments may call the Oregon Telecommunications Relay Service at 1-800-735-2900.

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, mailed or faxed 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 Certification Coordinator 

Fax - (503) 229-6957

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: This publication is available in alternate format (e.g. large print, Braille) upon request. Please contact DEQ Office of Communications and Outreach at (503) 229-5317 or toll free within Oregon at 1-800-452-4011 to request an alternate format. People with a hearing impairment can receive help by calling the Oregon Telecommunications Relay Service at 1-800-735-2900.

PUBLIC NOTICE
OREGON OCEAN AND COASTAL MANAGEMENT PROGRAM
CONSISTENCY CERTIFICATION

Date: November 17, 2016
U.S. Army Corps of Engineers No: NWP-2015-402

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@state.or.us. 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.

permit application public notice regulatory