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NWP-2011-187

Posted: 5/20/2014

Expiration date: 6/3/2014


PUBLIC NOTICE for Permit Application

                        Issue Date: May 20, 2014

                                    Expiration Date: June 3, 2014

                                    US Army Corps of Engineers No: NWP-2011-187

REVISED 15-Day Notice                                      Oregon Department of State Lands No: 46955RF

 

 

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

                        Michael LaDouceur                   Michael.A.Ladouceur@usace.army.mil

                        P.O. Box 2946

                        Portland, OR  97208-2946

 

Applicant:      City of Portland

Portland Parks and Recreation

1120 SW 5th Ave., Rm. 1302

Portland, OR 97204

                       

 

Location: The proposed project is located at Willamette Park in Portland, Multnomah Co., Ore., in Section 22 of Township 1 South, Range 1 East.

 

Waterway: The proposed project is located in the Willamette River.

Project description: The following work was previously noticed on July 19, 2012 and on Jan. 9, 2014:

 

The City’s project consists of maintenance dredging over 0.2 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 and may remove up to five feet of sediment. The dredging will be conducted by clamshell dredge. The dredged material was evaluated in 2012 under the 2009 Sediment Evaluation Framework by the Portland Sediment Evaluation Team. The sediment is suitable for unconfined, aquatic placement and the post-dredge surface is suitable for unconfined, aquatic exposure. 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 dredge material will be loaded onto a hopper barge and disposed of in the flow-lane of the Columbia River at river mile 100.04 to 100.74. The City is requesting a 10 year permit that would allow the dredging and in-water disposal of up to 21,600 cubic yards.

 

The project also includes placement of 260 cubic yards of riprap below the ordinary high water mark of the Willamette River to repair 0.07 acre of scour damage at the toe of the existing boat ramp. To install the riprap, the City will first dredge the end of the ramp to -3.5 feet COP. A geotextile fabric will be placed at the toe of the ramp and then riprap will be discharged on top of the fabric. The geotextile fabric under the riprap will prevent the rock from sinking into the river sediments. To the extent possible, the riprap to be used will be clean and free of dirt and debris. 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.

 

The project is proposed to occur from September 2014 to October 2014 to best accommodate the in-water work windows of the Willamette and Columbia Rivers. 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.

 

The location of in-water placement has changed to the following:

 

The location of in-water placement of dredged material is now proposed for the Columbia River between river miles 88 and 89 next to Sauvie Island on the Oregon side of the River. The in-water placement of dredged material is no longer proposed at river mile 100.04 to 100.74.

 

Mitigation: The applicant has not proposed a compensatory mitigation plan because the dredging is expected to have temporary effects to the river. It is expected that the site will continue to accumulate sediment and will not convert shallow-water habitat to deep-water habitat. The placement of riprap to prevent toe scour at the boat ramp 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 maintain vessel access at the existing boat ramp and improve the safety of boaters during low-water conditions.

 

Drawings: Eight (8) drawings are attached and labeled NWP-2011-187 enclosure.

 

Additional information may be obtained from Michael LaDouceur, Project Manager, U.S. Army Corps of Engineers at 503-808-4337 or e-mail: Michael.A.Ladouceur@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.

 

Essential fish habitat: The Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996, requires all 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 project area is within the known range of protected species. We are currently gathering information regarding these species and have yet to make a determination of effect. Should we find that the described activity may affect the species listed above, we will follow the appropriate course of action under Section 305(b)(2) of the Magnuson-Stevens Act. Any comments the National Marine Fisheries Service may have concerning essential fish habitat will be considered in our final assessment of the described work.

 

Cultural resources: An initial evaluation of the proposed project area indicates that 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.

 

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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