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NWP-2007-5/2

Posted: 1/25/2017

Expiration date: 2/22/2017


PUBLIC NOTICE
Application for Permit

Issue Date: January 24, 2017
Expiration Date: February 22, 2017
US Army Corps of Engineers No: NWP-2007-5/2
30-Day Notice Oregon Department of State Lands No: N/A

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: Mr. Mike Dunning
Oregon International Port of Coos Bay (Port)
125 Central Avenue, Suite 300
P.O. Box 1215
Coos Bay, Oregon 97420
MDunning@PortofCoosBay.com 
Telephone: (541) 267-7878

Location: The project is located in Coos Bay, mile 5.5 through 15.0, near Empire, Coos County, Oregon. The docks are located in Sections 4, 15, 18, 22, 26, 35, and 36 of Township 25 South, Range 13 West.

Waterway: Coos Bay, mile 5.5 through 15.0; Pacific Ocean

Project Purpose: The applicant’s stated purpose is to provide access for recreational and commercial vessels to existing docks and other infrastructure at the eighteen proposed locations.

Project Description: The Oregon International Port of Coos Bay (Port) representing the dock owners propose to dredge and discharge approximately 50,000 cubic yards (cy) of material annually over a three year period to maintain access to 18 deep draft docks on Coos Bay. Approximately 150,000 cy of material would be dredged and disposed in total. The location of the each dock is shown on pages 2 through 11 of the attached drawings. Dredging would be accomplished with a clamshell, hopper or pipeline dredge. The dredged material shall be discharged either at an approved upland site or U.S. Environmental Protection Agency (EPA) approved Ocean Dredged Material Disposal Sites “F” and/or "H”. Roseburg Forest Products and Southport Forest Products possess upland disposal locations on their property in which to confine dredge spoils.

Maintenance would typically be completed every other year to coincide with the maintenance dredging of the Federal navigation channel. The dredging prism would be within the design parameters of each facility as shown on the attached drawings, although the depth of dredging and the amount dredged each cycle would vary annually.

ODMDS Site F coordinates:
43° 22' 54.8887'' N-124° 19' 28.9905'' W
43° 21' 32.8735'' N-124° 20' 37.7373'' W
43° 22' 51.4004'' N-124° 23' 32.4318'' W
43° 23' 58.4014'' N-124° 22' 35.4308'' W

ODMDS Site H coordinates:
43° 23' 52.4012" N-124° 22' 52.4313" W
43° 23' 41.4011" N-124° 23' 05.4316" W
43° 24' 15.4014" N-124° 23' 30.4333" W
43° 24' 04.4012" N-124° 23' 42.4335” W

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. For this project, the PSET has determined sediments originating from routinely dredged terminal locations in the project area are suitable for unconfined, aquatic disposal and exposure. Material originating from non-routinely dredged locations would require sediment evaluation, including physical, chemical, and/or biological testing before dredging and disposal would be authorized. Depending on the recency of PSET sediment determinations for currently evaluated terminal locations, some currently approved terminal locations may require further sediment testing, characterization, and determinations by the PSET before dredging and disposal would be authorized. 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. Through this process the PSET will evaluate the applicant’s sediment testing results and determine if project sediments are suitable for unconfined, aquatic disposal or exposure. Dredged material found suitable for unconfined, aquatic disposal would be disposed at Coos Bay ODMDS F or H.

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 operations from their sites, by conducting work during the Oregon Department of Fish & Wildlife preferred in-water work period, and by adhering to environmental design criteria of a Corps and National Marine Fisheries Service (NMFS) programmatic biological opinion. 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: Sixteen (16) drawings are attached and labeled Corps No. NWP-2007-5/2. 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 website at http://www.nwp.usace.army.mil/ and select Regulatory Branch Permit Information. At the Regulatory page select Regulatory Public Notices.

Additional Information: The Port maintains a consolidated Department of Army permit for 18 terminal operator locations in Coos Bay. By regulation, the timeframe of any permit involving disposal of dredged material in ocean waters is limited to three years in length (33 CFR Part 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.

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.

Marine Protection, Research, and Sanctuaries Act (MPRSA): The proposed project would transport and dispose of dredged material at the Coos Bay Site F and H Ocean Dredged Material Disposal Site. The site has been designated as a disposal site by the U.S. Environmental Protection Agency (EPA) pursuant to Section 102 of the MPRSA. The dredged material would consist of silt and sand. Disposal activities at the disposal site would occur annually during the in-water work window on an as-needed basis. In some years dredging and disposal would occur at permitted terminal locations while in other years no dredging and disposal would occur at all. 

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 disposal site is managed by the EPA and Corps. Additional information regarding the effects of other authorized disposals at the site is available from the Corps’ website at: http://www.nwp.usace.army.mil/Missions/Environment/DMM.aspx.

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.

Coastal Zone Management: 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 applicant believes the proposed project would comply with and be conducted in a manner consistent with the Oregon Ocean and Coastal Management Program. Attached is the state's notice for a consistency determination.

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 (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. 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 would obtained approval from Coos County and will coordinate with the U.S. Coast Guard regarding vessel restrictions or the local notice to mariners notification process. A permission pursuant to 33 U.S.C. Section 408 may be required from the Portland District prior to work proceeding.

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 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 the proposed project. Comments received will be considered by the Corps to determine whether to issue, modify, condition or deny a permit for this proposal. 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.

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
Mr. Tyler J. Krug
North Bend Field Office
2201 North Broadway Suite C
North Bend, Oregon 97459-2372
Email: Tyler.J.Krug@usace.army.mil 
Telephone: (541) 756-2097 

 

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

Notice Issued: January 24, 2017
Written Comments Due: February 22, 2017

Corps of Engineers No: NWP-2007-5/2
Oregon Department of State Lands No: N/A

WHO IS THE APPLICANT: Mr. Mike Dunning
Oregon International Port of Coos Bay (Port)
125 Central Avenue, Suite 300
P.O. Box 1215
Coos Bay, Oregon 97420
MDunning@PortofCoosBay.com 
 
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 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: January 24, 2017

U.S. Army Corps of Engineers No: Corps No. NWP-2007-5/2
Oregon Department of State Lands No: N/A

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.

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