Permit Application Public Notices

The United States Congress authorizes the U.S. Army Corps of Engineers to regulate activities that may impact wetlands and waters of the United States. This authority is granted and defined under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Federal Water Pollution Control Act Amendments of 1972, also known as the Clean Water Act.

Public involvement is a key element of the Corps’ permit review process. During an application review, the Corps considers the views of other federal, state and local agencies, Native American tribes, interest groups, and the general public. The results of this careful public interest review are fair and equitable decisions that allow reasonable use of private property, infrastructure development, and growth of the economy, while offsetting the authorized impacts to the waters of the United States.

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NWP-2016-458

Published July 31, 2019
Expiration date: 8/29/2019

PUBLIC NOTICE
Application for Permit

Issue Date: July 30, 2019
Expiration Date: August 29, 2019
US Army Corps of Engineers No: NWP-2016-458
Oregon Department of State Lands No: 62035

30-Day Notice
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: Oregon Department of Transportation
Attention: Mr. Denis Reich - Environmental Manager
ODOT Region 1
123 NW Flanders Street
Portland, Oregon 97209-4012
E-mail: Denis.A.Reich@odot.state.or.us
Telephone: (503) 731-3136

Applicant’s Agent: Oregon Department of Transportation
Attention: Mr. Ken Sargent
ODOT Region 1
123 NW Flanders Street
Portland, Oregon 97209-4012
E-mail: Kenneth.W.Sargent@odot.state.or.us
Telephone: (503) 731-8427

Location: The project site is located at Interstate 205 (I-205) from the OR 43 interchange north to the OR 213 interchange, in the City of West Linn, Clackamas, Oregon. The site is in Section 29 and 30, Township 2 South, Range 2 East. Latitude and Longitude: 45.3644° North, 122.6045° West.

Waterway: The proposed project would have permanent and temporary fill in the Willamette River, McLoughlin and Abernethy Creeks, and a wetland, identified as Wetland 37. The wetland boundaries and location of the ordinary high water mark shown on the project drawings have not yet been verified by the Corps. If the Corps determines the boundaries of the wetland/waters are substantially inaccurate a new public notice may be published.

Project Purpose: The applicant’s stated purpose is to reduce congestion and provide seismic upgrades to the structural supports of the Abernethy and Main Street Bridges. 

Project Description: The proposed project would seismically retrofit and widen the Abernethy and Main Street Bridges while reducing traffic congestion with additional through lanes. The proposed project would result in construction related activities below the ordinary high water mark in a total of 1.8 acres of tributaries and wetlands. The proposed activities include the following: 

Willamette River: The applicant would construct new drill shafts and columns that would result in permanent fill of 0.146 acre below the OWHM of the Willamette River. Each pier will consist of two, 12 foot diameter drilled shafts. Prior to drilling a casing will be placed to contain sediment generated during drilling activities; the casings would affect 0.18 acre below the OHWM of the Willamette River. When drilled shafts and columns are constructed, a 30 square foot coffer dam will be placed around each structure and sediments within each coffer dam will be removed.

Each pile footing cap for the bridge has existing riprap in place. Construction of the new drilled shafts may require the removal of the riprap. Riprap would be removed using a clamshell bucket and placing the removed material in uplands. Removal activities would affect up to 1.16 acres of the Willamette River around the existing piers. 

Construction of the new piers would require a temporary work bridge to be constructed. The temporary bridge would remain in place for 4 years and will require the installation of 740 24-inch-diameter steel piles installed and removed with the use of a vibratory hammer. 

Upon completion of the new piers, the existing piers would be removed. Removal activities include removing the columns to five feet below the existing substrate and leaving the footings in place. Any remaining existing riprap would also be removed to five feet below the existing ground surface within a ten foot diameter around each pier. This will result in the removal of 0.14 acre of pier material and an additional 1.16 acres of riprap. 

Abernathy Creek: Pier three is located within the Abernathy Creek channel. Construction of the new pier, and channel grading activities would result in a total discharge of fill material into 0.48 acre below the OHWM of Abernathy Creek. The applicant would remove the existing rip-rap and 0.25 acres of soil to reconstruct and grade the new stream channel. The reconstructed stream channel would become a low flow channel and will include rocks with large wood to stabilize the channel. A temporary work bridge would be constructed and in place for 4 years with temporary steel piles below the OWHM and 0.003 below the OWHM in Abernethy Creek. 

McLoughlin Creek and adjacent wetland: The proposed project would place permanent foundations below the OWHM of the creek for the required footing expansions for Pier 10. The permanent discharge of fill would be placed below the OHWM in 53 square feet to the creek. McLoughin Creek would be temporarily piped for 340 linear feet to avoid and minimize sedimentation during pier construction. A diversion pipe to redirect flow during construction will be placed in wetland 37. A temporary construction pad for the crane will also be placed in wetland 37 for the duration of the construction period. Wetland 37 will be restored to preconstruction conditions following the completion of construction activities and removal of the temporary fills. One sandbag barrier upstream of McLoughlin Creek would be placed below the OWHM. The two sandbag barriers downstream in the McLoughlin Creek constitute a temporary discharge of fill. Pier C3-3 would be removed and re-installed in the creek resulting in1489 sq ft of fill below the OWHM. 

Mitigation: The applicant has provided a proposed compensatory wetland mitigation plan to offset losses of waters of the U.S. that may result from the proposed project. The applicant proposes on-site permittee responsible mitigation to include riparian work along the banks of Abernethy Creek, the realignment of Abernethy Creek with improved fish passage and enhancements, and the realignment of McLoughlin Creek. Other mitigation activities include the restoration and replanting of native species of wetland 37 (near Pier C3-3). 

Drawings: 20 drawings are attached and labeled Corps No.: NWP-2016-458-4. Copies of this public notice, which have been mailed or otherwise physically distributed, feature project drawings in black and white. The electronic version features those drawings in color, which we think more accurately illustrates the proposed project. To access the electronic version of this public notice, go to the Portland District Regulatory website at: http://www.nwp.usace.army.mil/Missions/Regulatory and select Regulatory Public Notices from the list of Regulatory pages.

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. (Double check)

Section 14, Rivers and Harbors Act 1899 (33 U.S.C. 408) (referred to as “Section 408”), for work to alter a Corps civil works project. An alteration is defined as any action that builds upon, alters, improves, moves, occupies or otherwise affects the usefulness, or the structural or ecological integrity of a Corps federally authorized project. The proposed project may alter the navigation channel of the Willamette River. 

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) 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 any endangered species or designated critical habitat. For this project, the Federal Highways Administration, as the lead Federal agency for ESA consultation, will consult with the NMFS as required under Section 7 of the ESA. 

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 its vicinity. For this project, the Federal Highways Administration as the lead Federal agency for MSA consultation, will consult with the NMFS as necessary. 

Historic Properties/Cultural Resources: Section 106 of the National Historic Preservation Act (NHPA) 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. For this project, the Federal Highways Administration, as the lead Federal agency for determining compliance with Section 106 of the NHPA, which determined a Finding of No Adverse Effect. 

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 the following additional governmental authorizations for the project: Oregon Department of Lands and Oregon Department of Environmental Quality. 

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 proposal 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 activity. Any comments received will be considered by the Corps to determine whether to allow an alteration of a federally authorized project or 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.

Submitting Comments: Interested parties are invited to provide comments on the proposed project. Comments may be submitted by conventional mail or e-mail. 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 e-mail, 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 
e-mail address:

U.S. Army Corps of Engineers
Regulatory Branch
Ms. Natalie Edwards
Post Office Box 2946
Portland, Oregon 97208-2946
E-mail: Natalie.M.Edwards@usace.army.mil
Telephone: (503) 808-4426

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


    Notice Issued: July 30, 2019
    Written Comments Due: August 29, 2019

Corps of Engineers No: NWP-2016-458-4
Oregon Department of State Lands No: APP0062035    

WHO IS THE APPLICANT: Oregon Department of Transportation

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 Permit 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) 229-5623.

Any questions on the water quality certification process may be addressed to the 401 Permit Coordinator at (503) 229-5623 or toll free within Oregon at (800) 452-4011. People with hearing impairments may call the Oregon Telecommunications Relay Service at (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 or mailed 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 Permit Coordinator 

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: DEQ can provide documents in an alternate format or in a language other than English upon request. Call DEQ at (800) 452-4011 or email deqinfo@deq.state.or.us.