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-2020-274-1

Published Sept. 11, 2020
Expiration date: 10/12/2020

PUBLIC NOTICE
Application for Permit

Issue Date: September 11, 2020
Expiration Date: October 12, 2020
US Army Corps of Engineers No: NWP-2020-274-1
Oregon Department of State Lands No: APP 62838

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: Tomahawk Floating Home Community
Attention: Kate Norman
288 North Tomahawk Island Drive
Portland, Oregon 97217
E-mail: tomkat284@gmail.com
Telephone: (971) 227-8396

Applicant’s Agent: Flowing Solutions
Attention: Andrew Jansky
3305 SW 87th Avenue
Portland, Oregon 97225
E-mail: Andrew@flowingsolutions.com
Telephone: (503) 297-6311

Location: The project site is located at 288 North Tomahawk Island Drive, in Portland, Multnomah County, Oregon. The dredge site is in Section 3, Township 1 North, Range 1 East at coordinates 45.5883 North and 122.6700 West. The first disposal site is adjacent to the dredge area in Section 3, Township 1 North, Range 1 East, and the coordinates are 45.5883 North, 122.6700 West. The second disposal site is in the Columbia River main channel in Section 34, Township 2 North, Range 1 East at coordinates 45.621 North, 122.6856 West.

Waterway: The project is located in the Columbia River. The dredge area and adjacent disposal site are at river mile 105.6 and the Columbia River main channel disposal site is at river mile 107.0. 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 maintain adequate navigable access in the channel and sufficient clearance around floating homes.

Project Description: The proposed project is the Tomahawk Floating Homes dredge maintenance project. The applicant proposes to dredge a total of up to 45,000 cubic yards (cy) of sediment from 10.5 acres of river over a 10-year period from the limits of the Tomahawk Floating Home Association. The first dredge event would remove up to 25,000 cy of sediment. Two additional dredging events are proposed, and these events will remove up to 20,000 cy of sediment in total.

The project would utilize a cutter head suction dredge to remove sediment to a depth of -12 feet Columbia River Datum (CRD). Based on access restrictions near gangways and structures, some limited areas may be dredged by a smaller and alternate dredge method.

Dredge material would be placed in two locations. Up to 2,500 cubic yards of material would be placed into scour hole adjacent to the dredge site. The hole is ranges from -25 to -35 feet CRD. The clamshell dredge would be used to side cast material within the work area, using the bucket to lift material off the bottom and place it into the scour hole. The second placement site is the proposed Columbia River in-water disposal area in the Columbia River main channel. The dredge slurry would be passed through an existing dedicated pipeline buried under the island and then through a submerged pipeline to the proposed Columbia River in-water disposal area at river mile 107.0. Dredge material would be transported to the disposal site in the flow lane by floating or submerged pipeline. The pipeline would be anchored in position at multiple locations and would be clearly marked to identify navigational hazards to other river users. The discharge end of the pipe would be attached to a small anchored barge or pontoon. The discharge and would be placed about three to five feet above the river bottom on a Tremie disperser. The area of discharge would be spread over 80 acres over the ten-year dredge period. Dredged material would be placed in the disposal zone. The zone shall not exceed -21 feet CRD depth in contour.

Dredged Material Testing: Project sediments were 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. For this project, the PSET has determined that sediments in the project area are suitable for unconfined, aquatic disposal and exposure.

The proposed project includes future maintenance dredging. Prior to each maintenance dredging cycle, the applicant would be required to coordinate with the Corps and the PSET to determine if additional sediment testing is required.

Mitigation: The applicant proposes to avoid and minimize impacts from the project by placing the outfall pipe approximately 10 feet above the bottom, using a lead line to periodically measure depth in the disposal zone, and to ceasing disposal within the area prior to the depth of the disposal site reaching -21 feet CRD and relocating the pipe. All work will be conducted during the Oregon Department of Fish and Wildlife preferred in-water work window of November 1 through February 28. 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: Five (5) drawings are attached and labeled Corps No.: NWP-2020-274-1. 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 applicant is requesting a 10-year maintenance dredge and disposal permit.

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 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 Columbia and Lower Willamette Federal Navigation Channel.

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. The source of the fill material would be from the maintenance dredge area in the Columbia River.

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 (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 be applying to the following governmental authorities for authorizations for the project: Oregon Department of State Lands and the 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
Melody White
P.O. Box 2946
Portland, Oregon 97208-2946
E-mail: Melody.J.White@usace.army.mil
Telephone: (503) 808-4385

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

Notice Issued: September 11, 2020
Written Comments Due: October 12, 2020

Corps of Engineers No: NWP-2020-274-1
Oregon Department of State Lands No: APP 62838

WHO IS THE APPLICANT: Tomahawk Floating Home Community

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