Application for Permit
Issue Date: September 11, 2020
Expiration Date: October 12, 2020
US Army Corps of Engineers No: NWP-2019-523-2
Oregon Department of State Lands No: 62868
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: Foss Maritime Company, LLC
Attention: Art Dahlin
9030 NW St. Helens Road
Portland, Oregon 97231
Telephone: (503) 978-6540
Applicant’s Agent: Grette Associates
Attention: Sydney Gebers
151 S. Worthen St., Suite 101
Wenatchee, WA 98801
Telephone: (509) 663-6300
Location: The project site is located at 9030 NW St. Helens Road, in Portland, Multnomah County, Oregon. The site is in Section 11, Township 1 North, Range 1 West. Latitude and Longitude: 45.5873 North, 122.7702 West
Waterway: The project is located on the Willamette River at river mile 5.5. 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 replace the deep-water moorage function originally provided by the South Dock and to relocate all the floats onto aquatic lands leased by Foss.
Project Description: The proposed project is the Foss Maritime Company Tug Terminal South Dock Replacement Project. The current South Dock is a timber construction float measuring 166 feet long by 6 feet wide. This float would be removed via barge and disposed of in an approved upland disposal site. The North Dock includes two timber float sections; Floats N-1A and N-1B. Float N-1A measures 119 feet long by 6 feet wide. Float N-1B measures 24 feet long by 6 feet wide. Float N-1B would be removed and disposed of in an upland location. Float N-1A would be relocated onsite to accommodate the temporary work barge.
Three piles would be removed from the site. Two of the piles are 12-inch diameter creosote treated timber and would be removed by direct pulling with a chain or clamshell bucket. The single pile located adjacent to the South Dock is a 14-inch steel pile which was damaged and is laying on the river bed. It would be removed using a clamshell bucket. All piles would be disposed of in uplands. Six new 24-inch pipe piles would be installed with a vibratory hammer and finished with an impact hammer. Conical pile caps would be used to cap the piles.
Two new floats and an access ramp would be installed at the site. Two 50-foot long by 16-foot wide floats would be installed at the site. A new grated aluminum ramp would span the 25-foot gap between the existing boom float and Float F-1B. The ramp would measure 28 feet long by 4 feet wide. Fill at the site is not proposed at this time.
Mitigation: The applicant proposes to avoid and minimize impacts from the project by using best management practices for pile removal and working within the in-water work window. The Corps will determine the type and amount of compensatory mitigation necessary to offset environmental losses from the proposed project.
Drawings: Four (4) drawings are attached and labeled Corps No. NWP-2019-523-2. 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 temporary relocation of Float N-1A to accommodate the temporary work barge is authorized by a permit under Corps No. NWP-2017-474-3. The Oregon Department of Environmental Quality issues a 401 Water Quality Certification for all projects in Portland Harbor.
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.
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 (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 approval from the City of Portland, Oregon Department of Environmental Quality, and 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 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
U.S. Army Corps of Engineers
Ms. Melody White
P.O. Box 2946
Portland, Oregon 97208-2946
Telephone: (503) 808-4385
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-2019-523-2
Oregon Department of State Lands No: 62868
WHO IS THE APPLICANT: Foss Maritime Company, LLC
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 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 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:
Email - email@example.com
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 firstname.lastname@example.org