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NWP-2000-486-5

Posted: 5/6/2014

Expiration date: 6/4/2014


PUBLIC NOTICE for Permit Application

                        Issue Date: May 6, 2014

                                    Expiration Date: June 4, 2014

                                    US Army Corps of Engineers No: NWP-2000-486-5

30-Day Notice                                                Oregon Department of State Lands No: 55908-RF

 

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

                        Benny A. Dean Jr. Benny.A.Dean@usace.army.mil

                        211 East 7th Ave., Ste. 105

                        Eugene, OR  97401-2722

 

Applicant:      Cascade Pacific Pulp, LLC.

                        P.O. Box 400

                        30480 American Dr.

                        Halsey, OR 97348

 

Location:        The project is located on the Willamette River, River Mile 147.7, near Halsey, Linn Co., Ore. The site is in Section 31 of Township 13 South, Range 4 West.

 

Waterway:     Willamette River, River Mile 147.7

Project description: The proposed project involves the excavation and discharge of gravels around the outfall diffuser. The initial action involves the excavation of approximately 326 cubic yards of sands and gravels from around the diffuser. Additional excavation upstream and downstream of the diffuser would include excavation of an additional 123 CY of sands and gravels. Overall the excavation area measures approximately 0.20 acres in size. The gravels would be discharged immediately downstream of the project site to keep aggregate materials in the waterway. The discharge area is approximately 0.30 acres in size to minimize mounding in the Willamette River.

 

The dredging will be done using a drag bucket or clamshell with the crane located on the riverbank. For dredging of the material around the diffuser ports further out in the river will be done using a drag bucket or clamshell using a crane that is mounted on a barge. Dredge materials will be placed a minimum of 50 feet downstream from the outfall diffusers and the distributed uniformly along the river bottom. In the area of the diffuser heads, material will be removed from between the diffuser heads and 20 feet upstream and 20 feet downstream of the diffuser heads and a width of 110 feet. Immediately downstream the diffuser heads, the contours of the river will excavated from a depth of 2 foot on the most upstream portion of the area to a depth of 0 feet on the downstream edge of the area to match the river profile. The length of this dredge area is 10 feet by a width of 110 feet. Upstream of the diffuser head material will be dredged from a depth of 2 foot on the downstream portion to a depth of 0 feet in the furthest upstream extent of the project to match river contours. The length of this dredge area is 20 feet long by a width of 110 feet. Overall the dredge prism is approximately 70 feet long by 110 feet wide. All dredging work will be performed during the preferred in-water work window when flows in the river are low.

 

The applicant also proposes to dredge an additional 900 CY of material over the course of a 5-year permit. The action is proposed as part of an on-going maintenance activity for the outfall diffusers. It is estimated approximately 225 CY of material will be dredged each year during the rest of the 5 year permit. As with the initial maintenance dredging, all dredged material will be discharged a minimum of 50 feet downstream from the outfall diffusers and the distributed uniformly along the river bottom. Material to be dredged is primarily sandy gravel alluvium. The project overall will dredge and discharge a total of 1,349 CY of materials over the 5 year life of the permit to maintain the outfall diffuser capacity in accordance with their National Pollutant Discharge Elimination System permit.

 

Mitigation: No mitigation has been proposed for the project since the impact location is a gravel bar which will be removed and placed downstream of the project area. 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 the discharge capacity of the outfall diffuser.

 

Drawings: Six (6) drawings are attached and labeled NWP-2000-486-5 enclosure.

 

Additional information may be obtained from Benny A. Dean Jr., Project Manager, U.S. Army Corps of Engineers, at 541-465-6769 or email Benny.A.Dean@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 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 proposed work is of such limited nature and extent that little likelihood exists for the proposed project to affect an unrecorded historic property or any other type of cultural resource.

 

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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