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NWP-2014-398

Posted: 12/1/2014

Expiration date: 12/31/2014


PUBLIC NOTICE for Permit Application

                        Issue Date: December 1, 2014

                                    Expiration Date: December 31, 2014

                                    US Army Corps of Engineers No: NWP-2014-398           

30-Day Notice                                                Oregon Department of State Lands No:    

 

 

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

                        Richard Chong, Richard.Chong@usace.army.mil

                        P.O. Box 2946

                        Portland, OR  97208-2946

 

Applicant:       Ocean Avenue Homeowners Association

                         Attn: Pat Hegrenes

                         P.O. Box 1436

                         Cannon Beach, OR 97110

 

Location: Within the Pacific Ocean, adjacent to Ocean Avenue between Jackson and Jefferson Streets, Section 30, Township 5 North, Range 10 West, Cannon Beach, Clatsop Co., Oregon (45.89294, -123.96477).

 

Waterway: Pacific Ocean

Project description: The proposed project involves the regarding of the existing beach. The applicant is proposing to excavate 9,156 cubic yards of sand from an approximate 2.27 acre section of the beach abutting the existing residential development. 1,200 cubic yards of dune sand with dense European beachgrass will be disposed of offsite at the Rippet Quarry, adjacent to Rippet Lane, Section 4, Township 5 North, Range 10 West, Seaside, Clatsop Co., Ore. (45.952842, -123.932004). The applicant will discharge the remaining 7,956 cubic yards of sediment within the adjacent intertidal zone of the beach, directly below mean higher high water, over an approximate 660 linear foot by 150 linear foot area. The discharged sand will be spread within the disposal area at a maximum of 2 ft. thick.

 

Mitigation: The applicant is not proposing compensatory mitigation at this time.

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: Beach renourishment

 

Drawings: Seven (7) pages labeled NWP-2014-398 enclosure.

 

Additional information may be obtained from  Richard Chong, Project Manager, U.S. Army Corps of Engineers, at 503-808-4384 or by email to: Richard.Chong@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 will not affect endangered species. Consultation under Section 7 of the Endangered Species Act of 1973 (87 Stat. 844) is not required for the described activity.

 

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.

 

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 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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