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Posted: 6/4/2014

Expiration date: 7/3/2014

PUBLIC NOTICE for Permit Application

                        Issue Date: June 4, 2014

                                    Expiration Date: July 3, 2014

                                                                US Army Corps of Engineers No: NWP-2013-83  

30-Day Notice                                  Oregon Department of state Lands No: 56095-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

                        Carol Franson                                         (carol.s.franson@usace.army.mil)

                        Eugene Field Office

                        211 E. 7th Ave., Ste. 105

                        Eugene, OR  97401-2722

Applicant:     Bend Park and Recreation District

                        799 SW Columbia St.

                        Bend, OR  97702-3218


Location:      The project is located in the Deschutes River at the Colorado Street Dam, in the city of Bend, Deschutes County, Oregon. The site is in Section 5 of Township 18 South, Range 12 East. (44.049979/-121.3200605)


Waterway: Deschutes River – River Mile 167.5

Project description: The applicant proposes to discharge 17,215 cubic yards of material and remove 9,340 cubic yards of material from the Deschutes River. Approximately 26 cubic yards of material would be discharged into Wetland B. The project consists of the following: Safe-Passage/Fish Passage Channel; Floating Boom; Whitewater Channel; a Habitat Channel; Pedestrian Bridge Replacement; and McKay Park Improvements. All in-water work areas would be isolated from the flowing river channel and staged so as to allow a portion of the river channel to remain free flowing throughout construction. Project site access and staging would occur along existing roadways, parking areas, and previously disturbed upland areas. In-water work below the dam would likely require the installation of two temporary work bridges and would be constructed using wooden platforms spanned over steel pilings, each with three clear-spans of 48 feet. Working directly with earth moving equipment could occur in the isolated and dewatered section of the river. Geotechnical exploration conducted on the site in March 2014, indicated the riverbed is capable of supporting an excavator. The existing dam structure would be modified throughout each phase of the project.


            a.         Safe passage channel / fish passage restoration: The safe passage channel would be located along McKay Park (river left) immediately below the existing dam and comprised of 10 step pools varying in width and length based on their location. The upstream-most step would include a concrete pad for anchoring pneumatic bladders, steel gates, and a floating boom. Three bladders would be installed at the upstream invert of the safe passage channel to manage upstream water levels and flow distribution. Three bladders would be installed upstream invert of the safe passage channel to manage upstream water levels and flow distribution. The bladders would receive air supply from a conduit network fed by a compressor located in a new concrete vault structure at McKay Park. The safe passage channel would be separated from the adjacent proposed whitewater channel by a man-made island comprised of natural boulders and alluvium.


            b.         Floating boom: Upstream of the Colorado Street Dam, a floating boom would be installed to guide less skilled boaters and less maneuverable watercraft toward the safe passage channel. The boom would be removed outside of the boating season to allow for debris and ice management during the winter months. The boom would be approximately 260 feet in length and consist of 10-foot modular units linked together. A steel channel would run along the bottom of each modular unit for tensile strength and used to bolt the units together. The boom would be assembled onshore and floated out to the anchor points. The anchor would consist of a precast, concrete box with attachment points. The boom would attach to these anchor points via cables and rods. The anchor box would be transported out to the installation point in the river. The box would be placed on an aggregate base for structural support and then filled with boulders/riprap to provide the necessary anchor weight.


            c.         Whitewater channel: The whitewater channel would be installed in the center of the river immediately below the existing dam. The channel would consist of three drop pools formed with boulders and coarse alluvium substrate. The grade control structures into each of the three pools would range in height from 12 to 30 inches and constructed of large boulders, cobbles, and wave enhancement features such as grouted boulders and concrete wave blocks. Cast-in-place concrete cutoff walls would be incorporated into grade control structures below Pools 1 and 3. A total of 24 bladders would be installed along the grade control structure within the whitewater channel to manage upstream water levels and flow distribution for altering wave heights. The whitewater channel would be separated from the adjacent safe passage channel (river left) and habitat channel (river right) by man-made islands comprised of natural boulders and alluvium. A portion of the island separating the habitat channel (river right) would also be supported by approximately 300 linear feet of sheet pile wall.


            d.         Habitat channel: The habitat channel would be constructed along Miller’s Landing side of the river (river right). The channel would consist of small peninsulas, alcoves, large woody debris, habitat boulders, and a small island to increase sinuosity and habitat complexity in the channel and along the shoreline. The newly created peninsula and island located along the river right shoreline would also contain small pools recharged by hyporheic flow. [The hyporheic zone is a region beneath and alongside a stream bed, where there is mixing of shallow groundwater and surface water.] A rock weir would be constructed at the upstream end of the habitat channel to prevent boaters and recreationists from floating through the habitat channel. The habitat channel would be separated from the adjacent whitewater channel by a man-made island comprised of natural boulders and alluvium supported by approximately 300 linear feet of sheet pile wall.


            Two existing osprey nests poles located in the grassed area along the right bank would be moved approximately 40 feet closer to the river centerline. The poles would have concrete footings and installed when this portion of the channel would be isolated.


            e.         Pedestrian bridge: The existing pedestrian bridge would be removed and replaced with a 230-foot long, three-span, steel truss bridge, placed slightly upstream of the existing bridge. The new bridge would be constructed of pre-cast concrete slabs supported by two mid-span concrete piers and two concrete bridge abutments. The new bridge would be 16 feet wide at the center span and 12 feet wide at each of the end spans. The concrete bridge piers would be installed through the core island separating the channels. The piers would not come in contact with flowing water and would be faced with rock above the islands. The bridge pier and abutment would be comprised of driven H-piles and concrete pile caps.


            f.          McKay Park improvements: The existing designated beach area along the shoreline of McKay Park (river left) would be relocated approximately 100 feet downstream of its current location. Three rock groins would be positioned perpendicular to the beach to reduce velocities in and around the beach area during flood events. A six-foot wide concrete pathway would run from the sidewalk on Shelvin Hixon Drive down through the new beach area into the water. A ribbon of riparian vegetation would be planted in a 40-foot wide swath between the safe passage channel and McKay Park to restore the riparian corridor along the river bank and to restrict pedestrians in the park from accessing the safe passage channel.


Mitigation: Approximately 26 cubic yards would be discharged into 0.007 acre of Wetland B located at McKay Park. Temporary impacts include 10 cubic yards discharged into Wetland H and one cubic yard would be discharged into 0.08 acre of Wetlands C, F, & G located north side of the river near Millers Landing Park.


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: To provide safety, recreation, fish passage, improve fish and wildlife habitat, and access improvements to the Colorado Street dam.


Drawings: Twenty-four (24) drawings are attached and labeled NWP-2013-83 enclosure.


Additional information may be obtained from Carol Franson, Project Manager, U.S. Army Corps of Engineers at 541-465-6894, or email carol.s.franson@usace.army.mil

Authority: This permit will be issued or denied under the following:


            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 that n historic properties investigation has been conducted within the permit area. No sites determined eligible for or listing on the National Register of Historic Places were found to exist within the permit area. The Corps has requested the applicant to provide documentation to avoid ground disturbance where a positive shovel test exists. If the applicant cannot avoid this area, an archaeological monitor would be required.


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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