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NWP-2011-187

Posted: 7/19/2012

Expiration date: 8/18/2012


PUBLIC NOTICE for Permit Application

Issue Date:  19 July 2012
Expiration Date:  18 August 2012
US Army Corps of Engineers No:  NWP-2011-187
Oregon Department of State Lands No:  46955RF

30-Day Notice

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:  City of Portland – Parks and Recreation, 1120 SW Fifth Ave., Room 1302, Portland, OR 97204

Location:  The project is located at the Willamette Park Boat Ramp, at river mile 15.8 of the Willamette River, in Portland, Multnomah County, Oregon (Section 22 of Township 1 South, Range 1 East; 45.47557 North, -122.66836 West)

Waterway:  Willamette River, West Bank, River Mile 15.8

Project Description:  The City’s project consists of maintenance dredging over 1.8 acres of the river, resulting in the removal of 7,200 cubic yards of accumulated sediments.  The dredging will occur at the existing boat ramp, transient dock, and wave attenuator structure (debris boom).  The target dredging depth is -3.5’ City of Portland datum (COP) and may remove up to five feet of sediment.  The dredging will be conducted by clamshell dredge or a hydraulic dredge, depending on contractor capability and if harden sediments or rip rap is encountered.  The dredged material is proposed for upland disposal, but may be placed at Ross Island.  The City is investigating the feasibility of placing the material in the flow-lane of the Willamette River.  The dredged material was evaluated in 2012 under the 2009 Sediment Evaluation Framework by the Portland Sediment Evaluation Team (PSET).  The sediment is suitable for unconfined, aquatic placement and the post-dredge surface is suitable for unconfined, aquatic exposure.

The project also includes placement of 268 cubic yards of riprap below the ordinary high water mark to repair 0.05 acre of scour damage at the toe of the existing boat ramp.  To install the riprap, the City will excavate approximately 250 cubic yards of existing sediments with an excavator or a crane with a clamshell bucket.  The removed material will be disposed at an existing upland facility.  A geotextile fabric will be placed under the riprap to prevent the rock from sinking into the river sediments.  The floating debris boom may be replaced or repaired to deflect floating debris around the facility.  It is anticipated that the landward end of the floating boom will be replaced with an untreated log chained to the remaining structure.

The project is proposed for the in-water work window from July 1 to October 31.  The construction site will have a sediment and erosion plan for the project.  Complete isolation and de-watering of the work area is not feasible.  Therefore, a turbidity curtain will be deployed and the rate of dredging will be monitored to minimize and contain turbid waters.  To the extent possible, the riprap to be used will be cleaned and free of dirt and debris.  An excavator will be used to place the riprap on the river bottom.  The riprap will not be end-dumped into the river or dropped through the water column.  All heavy machinery will be inspected daily, and cleaned as needed, prior to working in or over water.

Mitigation:  The applicant has not proposed a compensatory mitigation plan because the dredging is expected to have temporary effects to the river since the site is expected to continue to accumulate sediments.  The project is not expected to convert near shore, shallow-water habitat to deep water (>20’ depth) habitat.  The placement of riprap to prevent toe scour at the boat ramp and the debris boom work is considered maintenance work.  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 conduct maintenance dredging, scour repair, and debris boom repair for the safe operation and access to the boat ramp during low water conditions.

Drawings:  Seven drawings are attached and labeled Corp No. NWP-2011-187.

Additional Information:  Additional information may be obtained from James Holm, Project Manager, U.S. Army Corps of Engineers at (503) 808-4385 or 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 their 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:  To the best of our knowledge, an initial evaluation of the proposed project area indicates that 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, 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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