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NWP-2013-292

Posted: 7/24/2015

Expiration date: 8/23/2015


PUBLIC NOTICE for Permit Application


Issue Date: July 24, 2015

Expiration Date: August 23, 2015

US Army Corps of Engineers No: NWP-2013-292

30-Day Notice Oregon Department of State Lands No: 58154



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 (Corps) 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 Regulatory Branch
Attention: Mr. Dominic Yballe 
P.O. 2946
Portland, Oregon  97208-2946
dominic.p.yballe@usace.army.mil

Applicant: Port of Tillamook Bay
Attention: Mr. Aaron Palter
4000 Blimp Blvd. Suite 100
Tillamook, Oregon 97141

Location:  The project is located in the southern portion of Tillamook Bay, in various Sections of Township 1 South, Range 10 West.  The project is near the city of Tillamook, Tillamook County, Oregon (Latitude 45.47 North, Longitude 123.87 West).

Waterway: The will affect various tidal and non-tidal water features such as ditches, canals, farmed and non-farmed wetlands, tributaries, and sloughs contributing waters to Tillamook Bay.  Major floodplains include the Wilson, Trask, and Tillamook River basins.

Project Description: The Southern Flow Corridor restoration project is designed to reduce flood elevations during high flow events.  Levees will be removed to open areas to receive floodwaters and convey them to Tillamook Bay.  New cross levees will be constructed and existing levees modified to continue to protect existing homes and agricultural lands.  Contaminated soils and artificial floodway obstructions will be removed from the new flood corridor.  Drainage ditches will be filled and replaced with meandering tidal channels to improve natural connectivity between flows and the floodplain.  

The non-federal levees will be removed to the approximate natural shoreline elevation of Tillamook Bay not currently protected by levees.  Some stretches of levee will remain where they retain mature vegetation and are not essential to the project for removal.  Suitable excavated materials will be used to fill drainage ditches or re-used in the new and modified levees.  Remaining clean fill will be placed in subsided areas or spread thinly in agricultural fields.

Three new levees will be constructed to protect agricultural lands that are currently behind existing levees.  The North Levee will be constructed along the alignment of Goodspeed Road to Hall Slough.  The Middle Levee will run between Hall Slough and Dougherty Slough.  The South Levee will be constructed along Hoquarten Slough.  Levee construction may require pre-loading with excess material (surcharge) to accelerate compaction of sub-grade material.  Once settled, excess material will be removed and levee construction will be completed.  Levees will be topped with crushed rock to create a durable driving surface for future maintenance.

The North Levee will have four and the South Levee will have two 5- to 6- foot diameter round tide gates.  The Middle Levee will have one 6-foot diameter round tidegate.  The Middle Levee will also reuse four and add an additional two new side-hinge flood gates measuring 12 feet wide and 6 feet tall.  The flood gates will have cast in place concrete footings and sheet pile cutoff walls.  The flood gates will be designed to pass two- to three-year storm events.  During larger flood events, the gates will continue to discharge water, and additional flows will overtop the levee.  All flood gates and tide gates will be designed to current fish passage standards.

Current levees along Hall Slough, Dougherty Slough, and the Trask River will be adjusted to have crest elevations generally at 12 feet North American Vertical Datum of 1988 (NAVD88).  The levees are designed to hold back tidal flows but still allow high freshwater flows to overtop.  Downstream sides of the levees will have approximately 5:1 horizontal to vertical slopes.  

Once perimeter levees are removed, tidal exchange and freshwater flows will drive channel restoration in the flow corridor.  Existing drainage and irrigation ditches will be filled with onsite material to promote natural tidal influence without artificial flow paths.  Relic tidal channels will be re-excavated.  Plugs, culverts, and roads will be removed and the channels will be reconnected to adjacent river channels.  

Contaminated soils on one property will be excavated for appropriate on-site disposal.  Based on level of contamination, the soils will remain on site above the expected water levels.  Approximately 20,000 cubic yards of soils will be placed in a containment cell and capped with an impermeable liner to limit erosion and mobilization of contaminants.  Up to 1,000 cubic yards of more contaminated soil will be disposed of off-site at an authorized landfill.

Organic soils will be conserved to the extent practicable and placed in areas for re-vegetation. Bare soils will be seeded with appropriate native vegetation for sediment and erosion control.  The project will create approximately 400 acres of tidal marsh and 25 acres of forested wetlands.  The entire project involves the removal of 235,000 cubic yards of material from 65 acres below the highest measured tide (HMT).  The project also involves the discharge of 261 cubic yards of fill in 213.5 acre below HMT.

Mitigation: The project is expected to provide a net benefit to aquatic resources.  Compensatory mitigation is not proposed at this time.  

Purpose: The purpose of the project is to reduce flood risk and damage while improving habitat for native fish and wildlife species such as Oregon Coast coho salmon.

Drawing(s): Twenty-nine (29) drawings are attached and labeled Corps No. NWP-2013-292.

Additional Information: Additional information may be obtained from Mr. Dominic Yballe, Project Manager, U.S. Army Corps of Engineers at (503) 808-4392, or E-mail 
Dominic.p.yballe@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: This notice has been provided to the State Historic Preservation Office (SHPO), 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 on page 1 of 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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