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NWP-2010-540-1

Posted: 3/14/2016

Expiration date: 4/13/2016


PUBLIC NOTICE for Permit Application



Issue Date: March 14, 2016

Expiration Date: April 13, 2016

US Army Corps of Engineers No: NWP-2010-540-1

30-Day Notice Oregon Department of State Lands No: 58851


Interested parties are hereby notified the U.S. Army Corps of Engineers, Portland District (Corps) has received an application  for a Department of the Army permit for certain work in waters of the United States, as described below and shown on the attached plans.  The Corps is soliciting comments on the proposed work.

Applicant: Portland Development Commission
Attention:  Irene Bowers
222 NW Fifth Avenue
Portland, Oregon 97209-2959
Email:  BowersI@pdc.us
Telephone:  (503) 823-3200

Applicant’s Agent: Flowing Solutions
Attention: Andrew Jansky
3305 SW 87th Avenue
Portland, Oregon 97225
Email:  Andrew@flowingsolutions.com
Telephone:  (503) 297-6053

Location: The project site is located at 1362 NW Naito Parkway, Portland, Oregon.  The site is in Section 34, Township 1 North, Range 1 East.  
Latitude and Longitude:  45.534039 North, -122.679891 West

Waterway: The work is proposed to occur over the Willamette River at river mile 11.3.

Project Purpose:
 The applicant’s stated purpose is to improve public safety and limit degradation to the aquatic environment.  

Project Description: The proposed project is the second phase in the removal of certain structures at the Centennial Mills site.  Phase 2 would remove the concrete and wood deck, horizontal supporting columns, concrete pile caps, and three wing walls that will remain after completion of Phase 1.  A total of 1.03 acres of overwater structure would be removed.  The approximately 1,000 cubic yards of concrete, wood, metal, and other decking and support structures would be removed using excavators and will be contained and handled on land or on a contained barge and disposed of at a proper facility.  It is anticipated that some demolition debris, such as pieces of concrete or wood, from removal of the deck would fall into the river.  Visible pieces greater than 6 inches in diameter would be removed using the barge mounted crane or by hand.  No excavation or work is proposed below sediment to minimize the potential for sediment disturbance. 

Mitigation: The applicant proposes to avoid and minimize impacts from the project by performing the work when water levels will be low and 70% of the structure is over dry land, the retrieval and proper disposal of any materials that may fall into the river, the installation of a turbidity curtain, and the installation and maintenance of a debris boom and daily removal of accumulated debris.  The applicant did not propose compensatory mitigation in the permit application.  The Corps will determine the type and amount of compensatory mitigation necessary to offset environmental losses from the proposed project.

Drawings: Ten (10) drawings are attached and labeled Corps No. NWP-2010-540-1.  

Additional Information: The Corps previously authorized Phase 1 of the Centennial Mills – Selective Building Removal project.  Phase 1 removed the buildings that were located overwater down to the basement floor.  Phase 2 would continue from the basement floor to the wood piles.  

Authority: The proposed project will be evaluated 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.

Clean Water Act Section 404(b)(1) Guidelines: The described discharge will be evaluated for compliance with guidelines promulgated by the U.S. Environmental Protection Agency under authority of Section 404(b)(1) of the Clean Water Act.  The 404(b)(1) Guidelines are the substantive criteria used in evaluating discharges of dredged or fill material into waters of the United States. Should a permit be issued, the Corps will evaluate the fill material source (i.e., borrow site) prior to the start of construction.

Water Quality Certification: Section 401 of the Clean Water Act (33 U.S.C. 1341) requires applicants to obtain a water quality certification for proposed discharges into waters of the United States.  A permit for the described work will not be issued until certification has been issued or is waived from the certifying state.  Attached is the state's notice for a water quality certification.

Endangered Species: Section 7 of the Endangered Species Act (ESA) (16 U.S.C 1536) requires federal agencies to consult with the National Marine Fisheries Service (NMFS) and/or U.S. Fish and Wildlife Service (USFWS) on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or that may adversely modify designated critical habitat.  The Corps’ preliminary review indicates the described activity may affect an endangered or threatened species or designated critical habitat.  The Corps will initiate consultation under Section 7 of the ESA.  The Corps will complete the required consultation prior to finalizing a permit decision.

Essential Fish Habitat: Section 305(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) as amended (16 U.S.C 1855), requires 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 Corps’ preliminary review indicates the described activity would adversely affect EFH at the project location or in the vicinity.  The Corps will initiate consultation under Section 305(b)(2) of the MSA.  The Corps will complete the required consultation prior to finalizing a permit decision.

Historic Properties/Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), requires Federal agencies to consult with the appropriate State and/or Tribal Historic Preservation Officer to take into account the effects of actions they undertake or permit on historic properties listed in or eligible for listing in the National Register of Historic Places.  The Corps has initially determined that there are likely to be adverse effects to historic properties.  A Memorandum of Agreement was completed with the applicant and SHPO to address the adverse effects.  

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 at the end of this notice to assist in a complete evaluation of potential effects.

State and Local Authorizations: The applicant will be applying for a removal / fill authorization from the Oregon Department of State Lands.

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.

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 the proposed project.  Comments received will be considered by the Corps to determine whether to issue, modify, condition or deny a permit for this proposal.  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.

Submitting Comments: Interested parties are invited to provide comments on the proposed project.  Comments may be submitted by conventional mail or email.  All comments received will be considered in determining whether authorizing the work would be contrary to the public interest.  

Either conventional mail or e-mail comments must include the Corps reference number as shown on page 1 and include the commenter’s name and address.  In order to be accepted, e-mail comments must originate from the author’s e-mail account and must include on the subject line of the e-mail message the Corps reference number.  All comments received will become part of the administrative record and are subject to public release under the Freedom of Information Act including any personally identifiable information such as names, phone numbers, and addresses.

Additional information about the proposed project may be obtained from the Corps Project Manager listed below.  All comments, whether by conventional mail or email, must be received no later than the expiration date of this public notice to ensure consideration.  Comments should be submitted to the following mailing address or email address: 

U.S. Army Corps of Engineers
Regulatory Branch
Mr. Michael LaDouceur
P.O. 2946
Portland, Oregon  97208-2946
Email:  michael.a.ladouceur@usace.army.mil
Telephone:  (503) 808-4337

PUBLIC NOTICE
Oregon Department of Environmental Quality (DEQ)
Water Quality 401 Certification

Notice Issued: March 14, 2016
Written Comments Due: April 13, 2016
Corps of Engineers No:  NWP-2010-540-1
Oregon Department of State Lands No: 58851

WHO IS THE APPLICANT:
 Portland Development Commission

LOCATION OF CERTIFICATION ACTIVITY: See attached U.S. Army Corps of Engineers public notice.

WHAT IS PROPOSED: See attached U.S. Army Corps of Engineers public notice on the proposed project.

NEED FOR CERTIFICATION: Section 401 of the Federal Clean Water Act requires applicants for Federal permits or licenses to provide the Federal agency a water quality certification from the State of Oregon if the proposed activity may result in a discharge to waters of the state.

DESCRIPTION OF DISCHARGES: See attached U.S. Army Corps of Engineers public notice on the proposed project.

WHERE TO FIND DOCUMENTS: Documents and materials related to water quality issues as a result of the proposal are available for examination and copying at Oregon Department of Environmental Quality, 401 Water Quality Certification Coordinator, Northwest Region, 700 NE Multnomah Street, Suite 600, Portland, Oregon 97232.  Other project materials are available by contacting the Corps per the attached public notice.

Scheduling an appointment will ensure that water quality documents are readily accessible during your visit.  To schedule an appointment please call DEQ Water Quality at Northwest Region at (503) 229-5263.

Any questions on the water quality certification process may be addressed to the 401 Program Coordinator at (503) 229-6030 or toll free within Oregon at (800) 452-4011.  People with hearing impairments may call the Oregon Telecommunications Relay Service at 1-800-735-2900.


PUBLIC PARTICIPATION:

Public Hearing: Oregon Administrative Rule (OAR) 340-48-0032 (2) states that “The Corps provides public notice of and opportunity to comment on the applications, including the application for certification, provided that the department (DEQ), in its discretion, may provide additional opportunity for public comment, including public hearing.” 

Written comments:
Written comments on project elements related to water quality must be received at the Oregon Department of Environmental Quality by 5 p.m. on the date specified in the upper right section on page one of this notice.  Written comments may be emailed, mailed or faxed as described below: 

Email - 401publiccomments@deq.state.or.us

Mail -  Oregon Department of Environmental Quality, Northwest Region
           700 NE Multnomah Street, Suite 600
Portland, Oregon 97232           
Attn:  401 Water Quality Certification Coordinator 

Fax - (503) 229-6957

WHAT HAPPENS NEXT: DEQ will review and consider all comments received during the public comment period.  Following this review, certification of the proposal may be issued as proposed, issued with conditions, or denied.  You will be notified of DEQ's final decision if you submit comments during the comment period.  Otherwise, if you wish to receive notification, please call or write DEQ at the above address.

ACCESSIBILITY INFORMATION: This publication is available in alternate format (e.g. large print, Braille) upon request.  Please contact DEQ Office of Communications and Outreach at (503) 229-5317 or toll free within Oregon at 1-800-452-4011 to request an alternate format.  People with a hearing impairment can receive help by calling the Oregon Telecommunications Relay Service at 1-800-735-2900.

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