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NWP-2010-141-4

Posted: 6/5/2012

Expiration date: 7/5/2012


PUBLIC NOTICE for Permit Application                            30-Day Notice

 Issue Date: June 5, 2012

Expiration Date: July 5, 2012

US Army Corps of Engineers No:  NWP-2010-141-4

Oregon Department of State Lands No:  48395-RP

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

                        James Holm james.a.holm@usace.army.mil

                        P.O. Box 2946

                        Portland, OR  97208-2946

Applicant: Columbia Crossings, 515 NE Tomahawk Island Drive, Portland, Oregon 97217

Location:  The maintenance-dredging project includes three facilities on the Columbia River, in Portland, Multnomah County, Oregon.  The sites include the Island Cove, Jantzen Bay, and Tomahawk Bay moorages.  The Island Cove and Jantzen Bay moorages (11678 NE Island Cove Lane) are in Section 34 of Township 2 North, Range 1 East and the Tomahawk Bay moorage (515 NE Tomahawk Island Drive) is in Section 2 of Township 1 North, Range 1 East.

Waterway:  Columbia River, near river mile 106

Project Description:  The proposed maintenance-dredging project entails dredging each of the three sites four times over the next ten years, as shown on the page 2 table.  The proposed dredging method is a hydraulic suction dredge and either piped to a barge or directly to the in-water placement site on the Oregon side of Columbia River Federal Navigation Channel at river mile 106.  The dredge placement area is approximately 50 acres and sediments will be placed by a pipeline that is ten feet below the water surface.  The layer will be approximately 1.5 feet thick up to a depth of -19’ Columbia River Datum. 

The work will be conducted during the approved in-water work window based on coordination with the National Marine Fisheries Services, Oregon Department of Fish and Wildlife, and interested Native American Indian Tribes.

 

Site

Dredge Area (acres)

Dredge Volume (cy)

Dredge Depth (feet in CRD)

Dredge Cycle 1 (2012)

Island Cove

3

4,500

-9

Jantzen Bay

14

55,000

-9

Tomahawk Bay

10

90,000

-9

subtotals

27

149,500

Dredge Cycle 2 (2015)

Island Cove

4

15,000

-9

Jantzen Bay

6

15,000

-9

Tomahawk Bay

8

35,000

-9

subtotals

18

65,000

Dredge Cycle 3 (2018)

Island Cove

4

15,000

-9

Jantzen Bay

6

15,000

-9

Tomahawk Bay

8

35,000

-9

subtotals

18

65,000

Dredge Cycle 4 (2021)

Island Cove

4

15,000

-9

Jantzen Bay

6

15,000

-9

Tomahawk Bay

8

35,000

-9

subtotals

18

65,000

TOTAL

344,500

The sediments consist of 71 to 82 percent sand, 15 to 26 percent fines, and 0.1 to 1.4 percent gravels.  The dredge prisms were evaluated in 2010 under the Sediment Evaluation Framework and were acceptable for unconfined, aquatic placement.  The post-dredge surfaces were acceptable for unconfined, aquatic exposure. 

Mitigation:  The applicant has not proposed a compensatory mitigation plan for periodic maintenance dredging because the work only temporarily removes the sediments, as the sites are located in depositional areas and they will be replaced over time.  Additionally, the dredged sediments are not proposed for removal from the Columbia River system.

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:  The project purpose is to maintain previously authorized operational depths and access for boathouses, boats, and public safety vessels, as well as moorage infrastructure.

Drawings:  Thirteen drawings are attached and labeled Corps No. NWP-2010-141-4 enclosure.

Additional Information:  Additional information may be obtained from James Holm, Project Manager, U.S. Army Corps of Engineers by telephone at 503-808-4385 or by e-mail at james.a.holm@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:  An initial evaluation of the proposed project area 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. 

The Corps coordinated with the Oregon State Historic Preservation Office and interested Native American Indian tribes on recent permits issued for the Island Cove moorage (NWP-2010-141-1, NWP-2010-141-2, NWP-2010-141-3).  During those reviews, no historic properties or cultural resources were identified at the Island Cove moorage.

This notice has been provided to the Oregon 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 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.

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