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NWP-2007-135/1

Posted: 6/19/2017

Expiration date: 6/28/2017


PUBLIC NOTICE
for Permit Modification

Issue Date: June 14, 2017
Expiration Date: June 28, 2017
US Army Corps of Engineers No: NWP-2007-135/1 
Oregon Department of State Lands No: 56060-RF

15-Day Notice 

Interested parties are hereby notified the U.S. Army Corps of Engineers, Portland District (Corps) has received a request for modification of 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: U.S. Coast Guard
Attention: Mr. David Stalters
Civil Engineering Unit Oakland
1301 Clay Street, Suite 700
Oakland, California 94612-5203
Email: David.W.Stalters@uscg.mil
Telephone: (501) 637-5567

Applicant’s Agent: U.S. Army Corps of Engineers, Portland District
Attention: Mr. James Holm
CENWP-OD-N
P.O. Box 2946
Portland, Oregon 97208
Email: James.A.Holm@usace.army.mil
Telephone: (503) 808-4963

Location: The U.S. Coast Guard (USCG) Rogue River Search and Rescue Detachment (SARDET) facility is located on the north bank of the Rogue River, at river mile (RM) 0.2. The SARDET is located on Wedderburn Loop, near Gold Beach, Curry County, Oregon in Section 25 of Township 36 South, Range 15 West at latitude 42.426953° North, longitude -1243424207° West. 

The proposed surf zone placement area is located in the Pacific Ocean, south of the Corps Rogue River south jetty near Gold Beach, Curry County, Oregon. The placement site is located in Section 36 of Township 36, Range 15 West at latitude 42.417601° North, longitude -124.429723° West. 

The Port of Gold Beach (Port) upland placement located within the Port’s boat basin abutting the Corps Rogue River south jetty near Gold Beach, Curry County, Oregon. The placement site is located in Section 36 of Township 36 South, Range 15 West at latitude 42.421726° North, longitude -124.425013° West. 

Waterway: Rogue River, RM 0.2 and the Pacific Ocean

Project Purpose: The applicant’s stated purpose is to maintain navigability in their SARDET facility and access channel. 

Project Description: On June 16, 2014, the Corps issued a permit to the USCG authorizing the one time dredging of sand, gravels, and cobbles from below the high tide line (HTL) of the Rogue River estuary to maintain the facility to the previously approved design prism. The permit was valid for a period of three years but was extended one year and will expire May 20, 2018. The USCG dredged approximately 5,700 cubic yards of material from their site in July of 2014. On October 26, 2015, the Corps modified the USCG’s permit, at their request to allow a supplemental dredging event of both their SARDET facility and access channel. The original and currently permitted dredged material disposal site is the Rogue River Ocean Dredged Material Disposal Site (ODMDS) managed by the U.S. Environmental Protection Agency. The supplemental dredging has not occurred to date. 

Shoaling in the access channel impairs and has affected the USCG's ability to conduct routine operations and to respond to emergencies during the summer months when water levels are the lowest. As such, the USCG has proposed to modify their current permit authorization to increase the permitted dredging volume, to add hydraulic suction dredge and pipeline equipment as a dredging equipment option, and to identify two additional dredged material placement sites which were not previously identified, evaluated, or permitted. Work would be conducted similar to and concurrent with Corps Portland District Waterways Maintenance contract dredging of the Rogue River federal navigation channel. 

In addition to the currently permitted ODMDS disposal site, the USCG is proposing to add a second dredged material placement area at the Port of Gold Beach’s upland dredged material placement area abutting the Corps Rogue River south jetty. Placement of cobble-sized material at this location would allow for future reuse of dredged material. Dredged material return water would enter the Port’s boat basin after an upland decanting process. The USCG is also proposing to identify a third dredged material placement area to be used for the placement of smaller grained material such as sand. Dredged material placed at the surf zone site would be beneficially reused through its retention in the Pacific Ocean littoral cell. 

Dredged material would be hydraulically dredged and pipelined to either location. The pipeline would either be submerged on the bottom of the river or would be outfitted with a quick-disconnect allowing the pipeline to be broken to aid vessel navigation through the work area. Work would occur during the Oregon Department of Fish & Wildlife (ODFW) preferred in-water work window for this reach of the Rogue River (October 1 to May 31) or under an approved extension. 

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. The PSET determines the need for sediment testing based on the physical properties of dredged material, historical sediment quality data from the project and adjacent areas, current and historical land uses in and adjacent to the project area, and proximity of the project area to contaminant sources. The PSET has determined that no further testing or evaluation of the project sediments is necessary and that the project sediments are suitable for unconfined, aquatic disposal and exposure. 

Mitigation: The applicant proposes to avoid and minimize impacts from the project by decanting return water from the upland dredged material placement area, by conducting work during the ODFW preferred in-water work window for this reach of the Rogue River, and by adhering to environmental and construction best management practices during construction. Best management practices include ensuring a spill kit is on site and utilized in the event deleterious materials enter the waterway and by managing dredged material placement to minimize elevated turbidity impacts within the water column. 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-2007-135/1. 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.

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.

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. 

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 modification 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 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 USCG 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 an endangered or threatened species or designated critical habitat. The Corps and/or the USCG will initiate consultation under Section 7 of the ESA. The Corps and/or the USCG will complete the required consultation prior to the Corps finalizing a permit modification 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 and/or the USCG will initiate consultation under Section 305(b)(2) of the MSA. The Corps and/or the USCG will complete the required consultation prior to the Corps finalizing a permit modification decision.

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 USCG, 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 USCG has preliminarily determined the proposed permit modification would have no potential to affect cultural resources and/or historic properties. 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. The Corps is aware of potential cultural resources and/or historic properties near the project area but is not aware of cultural resources and/or historic properties located within the project permit area. The permit area has been so extensively modified by modern development that little likelihood exists for the proposed project to affect an undisturbed historic property or any other type of cultural resource. 

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 has obtained approval from the Curry County Planning Department and is seeking modifications to their existing Oregon Department of Environmental Quality (DEQ) 401 Water Quality Certification (WQC) and state removal/fill permit from the Oregon Department of State Lands (DSL). In addition, the applicant would provide a consistency determination to the Oregon Department of Land Conservation and Development (DLCD) pursuant to the Coastal Zone Management Act (CZMA). 

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 modification 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: June 14, 2017
Written Comments Due: July 13, 2017

Corps of Engineers No: NWP-2007-135/1
Oregon Department of State Lands No: 56060-RF

WHO IS THE APPLICANT: U.S. Coast Guard
Attention: Mr. David Stalters
Civil Engineering Unit Oakland
1301 Clay Street, Suite 700
Oakland, California 94612-5203
Email: David.W.Stalters@uscg.mil
Telephone: (501) 637-5567

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: June 14, 2017
U.S. Army Corps of Engineers No: Corps No. NWP-2007-135/1
Oregon Department of State Lands No: 56060-RF

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 within 30-days of the date of the comment deadline listed in the accompanying Corps of Engineers’ Public Notice Application for Permit Modification. 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:
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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