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-2020-310

Published Sept. 25, 2020
Expiration date: 10/26/2020

PUBLIC NOTICE
Application for Permit

Issue Date: September 25, 2020
Expiration Date: October 26, 2020
US Army Corps of Engineers No: NWP-2020-3100
Oregon Department of State Lands No: 62816

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: Kinder Morgan
Attention: Toya Campbell
1001 Louisiana Street
Suite 1000
Houston, Texas 77002
Email: Toya_Campbell@kindermorgan.com

Applicant’s Agent: SWCA
Attention: Brittany Sahatjian
1220 SW Morrison Street
Suite 700
Portland, Oregon 97205
Email: brittany.sahatjian@swca.com
Telephone: (503) 914-6052

Location: The project site is located at 11400 NW St. Helens Road in Portland, Multnomah County, Oregon. The site is in Section 3, Township 1 North, Range 1 East. Latitude and Longitude: 45.6042 North, 122.7859 West

Waterway: The project is located in the Willamette River at River Mile 4.2. The location of the ordinary high water mark (OHWM) 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 the safety and structural integrity of the Linnton dock by removing old, damaged, and deteriorating piles.

Project Description: The proposed project is the Linnton dock pile maintenance project. The project would replace up to 50 creosote treated piles at the Linnton Terminal with new steel or environmentally acceptable treated wood piles.

For each pile being replaced, a steel pile of the same diameter would be installed. The piles range in diameter from 12 inches to 16 inches. A 6-inch sand cap would be placed within a 15-foot radius of each pile. This would result in approximately 655 cubic yards of sand being placed over 707 square feet of river bottom.

To provide access for pile removal and installation, openings would be cut in the decks of the dock. The contractor would capture all treated wood associated with the cutting on the wooden decks to prevent any from entering the Willamette River. Work would be completed from a barge mounted crane to drive the steel piles and remove the existing creosote piles. Existing creosote piles would be removed using a vibratory hammer from a barge-mounted crane and slowly lifted from the sediment and placed into a containment basin on a work barge. New steel piles would then be driven first with a vibratory hammer until refusal is reached, and then an impact hammer would be used until the piles reach the desired depth (approximately 22 feet below existing mudline elevation).

Piles would be replaced using a phased approach, with approximately 6 to 12 piles being replaced per year, depending on the level of damage and deterioration of the existing creosote piles. The maximum number of piles to be replaced would be 50 piles. No creosote treated wood pilings would be used to replace the existing piles.

The applicant would also perform some structural maintenance above the OHWM at the terminal, which would replace creosote treated wood components of the dock with pressure treated wood. No creosote treated wood would be used in the replacement of any dock components. All removed pilings and creosote treated wood would be disposed of at an approved upland disposal site.

Mitigation: The applicant proposes to avoid and minimize impacts from the project by completing all work within the in-water work window for the Lower Willamette River, which is July 1 to October 31. The applicant proposes to have a spill containment plan along with a 1,000-foot floating absorbent boom to contain any incidental spills. During pile removal, the applicant proposes to comply with the Environmental Protection Agency (EPA)’s Best Management Practices for Pile Removal and Disposal dated February 18, 2016. Sand placement around each pile would be performed in accordance with EPA's Guidance for In­situ Subaqueous Capping of Contaminated Sediments.

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: Eight (8) drawings are attached and labeled Corps No. NWP-2020-3100. 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 is located within the Portland Harbor Superfund Site, and within a Sediment Management Area. Therefore, to satisfy the EPA's remedial action objectives for the Portland Harbor Superfund Site, a 6-inch sand cap would be placed in a 15-foot radius of each pile that is replaced. 

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.
 
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 be applying for additional governmental authorizations for the project from the following: City of Portland, Oregon Department of State 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 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: September 25, 2020
Written Comments Due: October 26, 2020

Corps of Engineers No: NWP-2020-3100
Oregon Department of State Lands No: 62816

WHO IS THE APPLICANT: Kinder Morgan

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