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-2019-494-1

Published Aug. 4, 2020
Expiration date: 8/30/2020

PUBLIC NOTICE
Application for Permit

Issue Date: July 31, 2020
Expiration Date: August 30, 2020
US Army Corps of Engineers No: NWP-2019-494-1
Oregon Department of State Lands No: 62774

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: AM/DRI Willamette, LLC
Attention: Wade Johns
3012 Fairmount St., Suite 100
Dallas, Texas 75201
Email: wade.johns@alamomanhattan.com
Telephone: (469) 941-4500

Applicant’s Agent: Pacific Habitat Services
Attention: John van Staveren
9450 SW Commerce Circle
Suite 180
Wilsonville, Oregon
Email: jvs@pacifichabitat.com
Telephone: (503) 570-0800

Location: The project site is located at the southeast corner of SE Lane Avenue and SW Bond Avenue, in Portland, Multnomah County, Oregon. The site is in Section 10, Township 1 South, Range 1 East. Latitude and Longitude: 45.4950 North, 122.6697 West

Waterway: The project is located in the Willamette River at River Mile 14.5. 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 water is substantially inaccurate a new public notice may be published.

Project Purpose: The applicant’s stated purpose is to stabilize and enhance shallow water habitat, the riverbank, and the riparian area of the Willamette River within Portland’s South Waterfront District.

Project Description: The proposed project is the South Waterfront Alamo Manhattan Blocks Bank Stabilization Project. The project would stabilize the riverbank, remove contaminated sediment and derelict piles and a pier, and place a sand cap and fill below the ordinary high water mark (OHWM) of the Willamette River.

Portions of the bank would be benched back to provide bank stability. The bank sloping would remove up to 1,022 cubic yards of material and up to 6,380 cubic yards of contaminated sediment for a total of 7,400 cubic yards of material over 0.70 acre. All dredged materials would be disposed of at an upland location. The existing creosote piles and pier would be removed using a vibratory hammer. The work would remove 137 piles at the site. Contaminated sediment would be removed and capped or armored. The applicant is proposing that the newly constructed, stabilized bank/bank bench and sand cover would preclude aquatic exposure of potentially contaminated river sediments.

Construction of the bank bench would place up to 100 cubic yards of soil below the OWHM line. Up to 2,160 cubic yards of class 700 riprap mixed with streambed fines and cobble would be placed below the OHWM. Up to 2,760 cubic yards of class 700 riprap mixed with rock mulch would be placed below the OHWM. A granular rock filter blanket would be placed below the riprap layer, totaling up to 1,700 cubic yards. A geotextile layer would be placed below the filter blanket, totaling up to 10 cubic yards. In total, up to 6,730 cubic yards of material would be placed over an area measuring 0.70 acre below the OWHM.

Up to 365 cubic yards of large wood would be placed within the areas of riprap to provide cover and refugia for salmonids. The large wood would be installed during riprap installation and would be anchored by the bank material and some additional ballast boulders. A total of 100 logs would be placed below the OHWM. The work area would be isolated with turbidity curtains. Rock platforms would be used to support the equipment. A total of 18 cubic yards of material placed over 0.16 acre would be used below the OHWM for site isolation and platforms.

It is anticipated that the majority of the bank regrading and in-water work would be performed using excavators, which would excavate and regrade from the top of bank down, then install stabilization measures and large wood, while working back up to the top of bank. A turbidity curtain would be used to prevent fine sediment from leaving the site. Rock may be placed temporarily and intermittently to build up platforms for excavators to work within the portion of the site below the OHWM. Stabilization measures are proposed to occur to elevation 0, meaning that the depth of water would be approximately 6 feet at the deepest portion of the site during construction periods. Barge mounted equipment may be used as needed. All work below the OHWM would occur during the in-water work window for the Willamette River, July 1 to October 31.

Work may be phased over a two-year period. The work in the lower portion, below the OHWM, would be completed during the first year (i.e. armoring with riprap below the limits of bank regrading where the existing bank contours are to remain) and completing the remainder of the work during the second year, including bank regrading, armoring, large wood placement, and the bank and greenway above the OHWM.

Adjacent to the riverbank, the applicant is proposing to construct five new multi-story, mixed use buildings in uplands. The proposed development would also consist of 650 linear feet of greenway improvements along the Willamette River.

Mitigation: The applicant proposes to avoid and minimize impacts from the project by primarily working from shore but using barge mounted equipment where necessary, conducting work during the in-water work window, using isolation measures, and using best management practices for pile removal. 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: Fifteen (15) drawings are attached and labeled Corps No. NWP-2019-494-1. 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 City of Portland requires the creation of a multi-use trail and bank stabilization and enhancement within the Willamette River Greenway. This Greenway requirement stems from the proposed mixed-use development that is proposed immediately adjacent to the proposed enhancement area on uplands.

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. The Corps will evaluate the fill material source (i.e., borrow site) prior to finalizing a permit decision.

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 Corps No. NWP-2019-494-1 Page 4 of 7 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 the permit area is likely to yield resources eligible for inclusion in the National Register of Historic Places. An investigation for the presence of potentially eligible historic properties is justified and would be required prior to the Corps’ final permit decision.

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 additional governmental authorizations for the project from the following: City of Portland Greenway and Environmental Review, Oregon Department of Environmental Quality, and 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 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 Corps No. NWP-2019-494-1 Page 5 of 7 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 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 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
Melody White
P.O. Box 2946
Portland, Oregon 97208-2946
Email: Melody.J.White@usace.army.mil
Telephone: (503) 808-4385

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

Notice Issued: July 31, 2020
Written Comments Due: August 30, 2020

Corps of Engineers No: NWP-2019-494-1
Oregon Department of State Lands No: 62774

WHO IS THE APPLICANT: AM/DRI Willamette, 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 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.