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-2018-209-1

Published Aug. 15, 2019
Expiration date: 9/13/2019

PUBLIC NOTICE
Application for Permit

Issue Date: August 15, 2019
Expiration Date: September 13, 2019
US Army Corps of Engineers No: NWP-2018-209-1
Oregon Department of State Lands No: 62122-RF

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: Polk County Public Works Department
Attention: Matt Hawkins
850 Main Street
Dallas, Oregon 97338
E-mail: Hawkins.matt@co.polk.or.us
Telephone: (503) 623-1888

Applicant’s Agent: Mason, Bruce and Girard, Inc. 
Attention: Jesse Roper
707 SW Washington Street, Suite 1300
Portland, Oregon 97205
E-mail: jroper@masonbruce.com
Telephone: (503) 224-3445

Location: The project site is located at 11355 Park Street, Independence, Polk County, Oregon. The site is in Section 23, Township 9 South, Range 4 West. Latitude and Longitude: 44.768757 North, 123.147522 West

Waterway: The Buena Vista boat ramp is located on the Willamette River at river mile 106.6. The location of the ordinary high water mark shown on the project drawings has not yet been verified by the Corps. If the Corps determines the boundaries of the waters are substantially inaccurate a new public notice may be published.

Project Purpose: The applicant’s stated purpose is to improve boat access.

Project Description: The Buena Vista boat ramp and dock would be replaced north of the existing location. The work would place up to 845 cubic yards of fill material within 0.25 acre below the ordinary high water mark (OHWM) of the Willamette River, including a concrete boat ramp, dock, riprap, subbase material, base rock, and four 12-inch steel piles. The new ramp would be 20 feet wide and extend to a depth of -3 feet low water, with a 15% slope. The new boat dock would be 6 feet wide by 60 feet long. Construction of the new ramp would consist of placing precast concrete slabs and cast in place concrete on the rock fill. Anything below the OHWM would be constructed of precast concrete to prevent uncured concrete from entering the river. 

The location of the existing boat ramp would be restored to a natural state using river substrate removed from the excavation associated with the new ramp. Existing riprap banks near the existing boat ramp would be replaced and sloped back to a grade matching existing adjacent areas. Up to 605 cubic yards of hardened structures would be removed from 0.19 acre below the OHWM of the Willamette River including a concrete boat ramp, walkway, riprap, dock, and gangway

Up to 5 cubic yards of turbidity curtain would be placed and secured within 0.001 acre below the OHWM of the Willamette River for temporary isolation prior to construction. The piles would be placed using sound attenuation methods. A vibratory pile drive would be used unless inadequate penetration requires an impact hammer. The site would be accessed from existing roads and the parking area. Staging, stockpiling of materials, and storage of equipment would be within the existing parking area. All in-water work would be conducted using an excavator operated from the shoreline outside of the active channel, between the ordinary low water mark (OLWM) and the OHWM. The project would complete all work in accordance with its sediment control plan. Up to 0.04 acre of bank below the OHWM of the Willamette River would be vegetated.

Mitigation: The applicant proposes to avoid and minimize impacts from the project by conducting all work below the OHWM during the in-water work window from June 1 to October 15. Equipment fueling would be in uplands at the parking area more than 200 feet away from the river. The in-water work would be isolated from the active channel using turbidity curtains. If creosote-treated wood is encountered during removal it would be disposed of using the standard local operating procedures for endangered species (SLOPES) procedures including preventing treated wood from falling back into the waterway, storage in a dry upland area away from all waters during construction, and permanent disposal at a permitted upland site. 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 Corps will determine the type and amount of compensatory mitigation necessary to offset environmental losses from the proposed project.

Drawings: Seven (7) drawings are attached and labeled Corps No.: NWP-2018-209-1 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.

Additional Information: The project must comply with Oregon State Marine Board safety and design requirements. 

Authority: The proposed project will be evaluated under the following:

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 Willamette River. 

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 has initiated 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 has initiated 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 (54 U.S.C. 306108), 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’ preliminary review indicates to the best of our knowledge, 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. At this time the Corps is unaware of any cultural resource surveys of the project area. 

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 apply for the following additional governmental authorizations for the project: conditional use permit and development permit from the local planning department.

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 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.

Dredged Material Testing:  The proposed excavated material will be evaluated in accordance with the Sediment Evaluation Framework for the Pacific Northwest (SEF). The interagency Portland Sediment Evaluation Team (PSET) implements the SEF for the Corps Portland District. The PSET will determine if sediment testing is required for this project. Project sediments may require physical, chemical, and/or biological testing to support the permit application evaluation. The PSET will evaluate the applicant’s sediment testing results and determine if project sediments are suitable for unconfined, aquatic disposal or exposure. 

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 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
Ms. Kinsey M. Friesen 
P.O. 2946
Portland, Oregon 97208-2946
E-mail: kinsey.m.friesen@usace.army.mil
Telephone: (503) 808-4378

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

Notice Issued: August 15, 2019
Written Comments Due: September 13, 2019

Corps of Engineers No: NWP-2018-209-1
Oregon Department of State Lands No: 62122-RF    

WHO IS THE APPLICANT: Polk County Public Works Department

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 e-mailed or mailed as described below: 

E-mail - 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 e-mail deqinfo@deq.state.or.us.