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-2015-41

Published Sept. 30, 2020
Expiration date: 10/30/2020

PUBLIC NOTICE
Application for Permit

Issue Date: September 29, 2020
Expiration Date: October 30, 2020
US Army Corps of Engineers No: NWP-2015-41
Oregon Department of State Lands No: 60102

30-Day Notice

Interested parties are hereby notified the U.S. Army Corps of Engineers, Portland District (Corps) has received a modification request 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: Willamette Water Supply System Commission
Attention: David Kraska
1850 SW 170th Avenue
Beaverton, Oregon 97003
Telephone: (503) 941-4561

Applicant’s Agent: David Evans and Associates, Inc.
Attention: Sarah Betz
2100 SW River Parkway
Portland, Oregon 97201
Telephone: (503) 499-0561

Location: The project sites for the modification request are located in the cities of Beaverton, Tigard, Tualatin, and Hillsboro in Washington County, Oregon.

Waterway: There are multiple wetlands, non-wetland waters, and ditches throughout the project sites for the modification request. Major river systems include the Willamette River and Tualatin River and streams include Fanno Creek and Beaverton Creek. The wetland boundaries and location of the ordinary high water mark shown on the project drawings have not all been verified by the Corps. If the Corps determines the boundaries of the wetland/waters are substantially inaccurate, a new public notice may be published.

Project Purpose: The applicant’s stated purpose is to provide a seismically resilient water supply and increase available water supply to meet population growth projections for the City of Hillsboro and Tualatin Valley Water District service areas.

Project Description: The project is the Willamette Water Supply System Project and would involve completing seismic upgrades at an existing intake within and along the Willamette River, construction of a new water treatment plant, and construction of water transmission lines. This proposed modification is to modify work packages Metzger Pipeline East (MPE_1.0), Pipeline Main (PLM) 5.3, and Pipeline West (PLW) 2.0.

MPE_1.0
For MPE_1.0 work package, there would be a new eastern extension route to Beaverton, which would replace the approved Pipeline East (PLE_1.0) route with the MPE_1.0 alternate route. This change is due to additional evaluations of water transmission system needs and provides advantages with respect to environmental resources, seismic resiliency, constructability, and reducing community impacts. The proposed modified alignment follows a new route and has new resource impacts. The proposed MPE_1.0 transmission pipeline is 7.3 miles long and would have two new resource crossings; however, the total impacts would decrease from the previously permitted impacts. The proposed changes would result in a net decrease of 0.07 acre of temporary wetland impacts when compared to the original route in the permit. The majority of the pipeline would be constructed in developed right-of-way (paved roadway and regularly mowed highway median) with a small portion constructed on developed private parcels. The transmission line would be 48 inches in diameter with a 24-inch pipeline serving the SW Hall Boulevard turnout.

The new route would cross Fanno Creek at SW Scholls Ferry Road near SW Nimbus Avenue (lower Fanno Creek crossing; MPE-52 and MPE-W3C) and Fanno Creek at SW Scholls Ferry Road near SW Allen Boulevard (upper Fanno Creek crossing; MPE-S1). The upper Fanno Creek crossing would result in no impacts to aquatic resources because the use of trenchless construction avoids impacts, and both the entry and receiving shafts of the pipeline excavation would be located in developed areas.

The lower Fanno Creek crossing would result in no impacts to the stream because of the use of trenchless construction; however, temporary wetland impacts would occur in the wetland leading to and at the entry shaft located on the western side of Fanno Creek. Open-trench construction would be used in the wetland leading to the entry shaft, resulting in 0.03 acre of temporary wetland impacts. An adjacent work area would temporarily impact 0.20 acre of wetlands. The receiving shaft would be located outside of the wetland in an upland area (paved parking lot). The pipeline depth would typically be no less than four feet below ground surface, varying based on local conditions. At the Fanno Creek crossing locations, the pipe would be located a minimum of two times the pipe diameter below the bottom of the channel or deep enough to avoid active scour.

PLM_5.3
For PLM_5.3 work package, there would be a route shift along a portion of the route in addition to other more minor design changes along the approved PLM_5.0 route, including change in impacts to some waters and wetlands. A change would occur to PLM_5.3 Transmission Pipeline that conveys treated water from PLM_5.2 to PLW_1.3 in an area of unincorporated Washington County. During design of the pipeline route, geotechnical surveys identified significant seismic risks along some portions of the original PLM_5.3 route, particularly in the area near SW Farmington Road, which would require extensive ground improvements to meet seismic resiliency criteria.
The proposed route change would avoid impacts to three resource crossings that were originally permitted. The proposed route for PLM_5.3 would be 3.8 miles long and have ten new resource crossings (three waterways and seven wetlands) and changes to six previously permitted resource crossings (three waterways and three wetlands). The construction corridor would typically be 50 feet wide at resource crossings. The transmission pipeline would be 66 inches in diameter. All resources would be crossed by the pipeline using open-trench methods. The impacts would be temporary for all crossings, with the exception of permanent impacts at one seasonal drainage and one ditch.

The open-trench construction method would be used to install pipeline across McKernan Creek (S2-7) and adjacent wetlands (W-M5-8) at SW Grabhorn Road. The length of the resource crossing would be approximately 60 feet, of which 23 feet is for the channel crossing at the ordinary high water mark. Beneath the active stream channel, the depth of cover over the pipe would be a minimum of five feet, based on site-specific analysis to avoid active scour.

Permanent impacts are proposed at the Ditch-OHW on SW Riggs Road (D-1) and the unnamed seasonal drainage (OHW) near SW Grabhorn Road and SW Stone Creek Drive (S-M5-1). The open-trench construction method would be used to install pipeline across these resources. The length of the resource crossings would be the width of the resource OHW – two feet for S-M5-1 and one foot for D-1. Beneath the active stream channel, the depth of cover over the pipe would be a minimum of five feet, based on site-specific analysis to avoid active scour.

The proposed pipeline route change avoids the majority of the seismic hazard areas. However, the portion of the pipeline approximately 800 feet north of SW Farmington Road would be within the zone identified as being susceptible to seismically induced slope failure. Ground improvements are necessary to reduce lateral spreading and limit seismically induced slope deformation which could otherwise rupture the pipeline. The width of the improvements would be limited to 50 feet outside the wetland and 30 feet within the wetland, which is the minimum width necessary to adequately protect the pipeline. Ground improvements would extend through the Missoula Flood Deposits and embed approximately five feet into the underlying soil or highly weathered basalt bedrock layer. Commonly used ground improvement methods to increase resistance to liquefaction include deep soil mixing and jet grouting. The contractor would select their preferred ground improvement construction methods.

PLM_5.3, as modified, would have new resource crossings that were not originally permitted, which include the following:

• Wetland south of SW Koehler Road and east of SW Clark Hill Road (H-1)
• Stream Ordinary High Water (OHW) near SW Koehler Road (S-H1)
• Wetland north of SW Farmington Road and SW Clark Hill Road intersection (W-4), including ground improvements
• Stream (OHW) north of SW Farmington Road and SW Clark Hill Road intersection (S-2)
• Ditch-OHW on SW Riggs Road (D-4)
• Ditch-OHW on SW Riggs Road (D-1), temporary and permanent impacts
• Wetland north of SW Riggs Road (W-3)
• Wetland between SW Rosedale Road and SW Riggs Road (W-2)
• Stream (OHW) between SW Rosedale Road and SW Riggs Road (S-1)

PLM_5.3, as modified, would result in changes to previously permitted wetland and waterway crossings with respect to the area and quantities of impact. The previously permitted resources that would have alterations include the following:

• McKernan Creek Wetland at SW Grabhorn Road (W-M5-8): area of temporary impact decreased, volume of temporary impact increased
• McKernan Creek (OHW) at SW Grabhorn Road (S2-7): area of temporary impact decreased, volume of temporary impact increased
• Ditch-Wetland along SW Grabhorn Road (west side) (D-2-44) (USACE jurisdiction only): area of temporary impact increased
• Ditch-Wetland along SW Grabhorn Road (east side) (D-2-43) (USACE jurisdiction only): area of temporary impact decreased
• Unnamed seasonal drainage (OHW) near SW Grabhorn Road and SW Stone Creek Drive (S-M5-1): temporary area and volume of impact decreased; permanent impacts added
• Small tributary (OHW) south of SW Koehler Road and east of SW Clark Hill Road (S-H2 is same stream as S-M5-3 near SW Clark Hill Road in the original permit): area and volume of temporary impact decreased
• Wetland at Clark Hill Road (W-M5-3): temporary impacts avoided
• Agricultural wetland and ditch (OHW) along Clark Hill Road (W-M5-2, D-M5-1): temporary impacts avoided
• Agricultural wetland and ditch along Farmington Road (W-M5-1, D-2-64): temporary impacts avoided

All resources would be crossed by the pipeline using open-trench methods. The impacts would be temporary for all crossings, with the exception of permanent impacts at one seasonal drainage and one ditch.

PLW_2.0
For PLW_2.0 work package, there would be a change in design for the crossing of Beaverton Creek and some minor changes in temporary wetland impacts at the north end of the alignment, including a temporary impact to one wetland that was not previously permitted. The modification is to the project pipeline that conveys flow from the Raw Water Facility (RWF) to existing TVWD, Hillsboro, and Beaverton distribution systems. The proposed modification would follow the previously permitted route but would add three new turnouts to connect to and deliver water from the WWSP pipeline to existing distribution systems, increase temporary impacts to permitted resource crossings, and add a second in-water work (IWW) construction season at the Beaverton Creek crossing. This would also include construction of a new WWSS Pressure Relief Valve (PRV) Facility adjacent to the existing PRV Facility on Cornelius Pass Road, which would temporarily impact one new wetland (W-W2-3) and add new impervious surface that will require stormwater treatment and detention.

The proposed changes at the Beaverton Creek crossing include additional temporary impacts at a previously permitted wetland (W-W2-1) and the addition of a second IWW construction season at Beaverton Creek (S-W2-1). The first IWW period would include the open-trench construction of the pipeline across Beaverton Creek. The second IWW period is required for the movement of equipment across the stream and would consist of stream isolation through the installation of a temporary culvert and construction of a temporary equipment access road to complete construction on the north bank.

Three turnout locations would be added along the pipeline route situated outside of resource areas. The turnouts would add new tax lots that were not previously notified. A new staging area would also be added, which is currently an agricultural field. No wetlands are expected to occur at this location; however, a wetland delineation has not yet occurred at the staging area location. An on-site inspection will occur prior to construction, with findings provided to the Corps prior to any ground disturbance.

Mitigation: The applicant proposes to avoid and minimize impacts from the project by restoring construction work areas to pre-existing conditions following construction, dewatering the construction area prior to construction, revegetating construction areas after construction, and using best management practices for in-water work construction periods, erosion control, containment of construction materials, handling of contaminants or hazardous materials, and vegetation disturbance. The applicant has proposed to purchase additional mitigation bank credits for any additional impacts to waters of the U.S. The Corps will determine the type and amount of compensatory mitigation necessary to offset environmental losses from the proposed project.

Drawings: Thirty (30) drawings are attached and labeled Corps No.: NWP-2015-41. 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 original Department of the Army permit issued by the Corps on December 7, 2018 authorized seismic and capacity upgrades at an existing intake within and along the Willamette River, construction of a new water treatment plant, construction of new water storage tanks, and construction of water transmission lines for the Willamette Water Supply System Project (WWSP). The project was authorized to permanently impact 0.86 acre of wetlands and 13 square feet of non-wetland waters, and temporarily impact 4.51 acres of wetlands, 0.28 acre of non-wetland waters, and 1.58 acres of roadside ditches. Approximately 0.47 acre of temporary impacts will result in conversion of palustrine forested wetlands to palustrine emergent or palustrine scrub shrub wetlands in the area directly over the transmission pipeline. Approximately 0.40 acre of indirect impacts to palustrine forested wetlands would occur due to loss of forested buffer at the proposed water treatment plant. The project infrastructure will allow for the withdrawal of up to 150 million gallons of water per day.

On October 7, 2019, the permit was modified to include changes to the Raw Water Facilities (RWF) 1.0 work package and the Pipeline West (PLW) 1.0 work package. The RWF_1.0 changes include: 1) change to the configuration of in-water intake protection piles, 2) change in the configuration and construction method for seismic stabilization measures along the Willamette River bank, 3) change to the location of the Arrowhead Creek crossing and to the trenchless crossing construction method, and 4) change in the amount of impervious area and proposed treatment and detention of stormwater. The changes to PLW_1.2 include the addition of a pipeline turnout on Frances Street and the construction of a vault in the Reedville Park parking lot, which would not impact any aquatic resources. The changes to PLW_1.3 include an alignment shift to the east (resulting in a shift in wetland impacts to the east), identification of staging areas, and construction of a permanent maintenance road for future access to the pipeline.

The following work packages have been completed to date: PLM_2.0 Kinsman Road Partnership Project, PLM_3.0 124th Avenue Partnership Project, and PLW_1.1 Blanton to TV Highway. The following work packages have started construction: PLM_1.1 Wilsonville Road, PLM_1.2 Garden Acres to 124th, PLM_5.1 North of Beef Bend to Scholls, PLM_5.2 Scholls to Grabhorn, PLW_1.3 Farmington to Blanton, and RWF_1.0 Raw Water Facilities.

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 completed consultation under Section 7 of the ESA. The Corps will coordinate the project modification request with NMFS and/or USFWS 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 completed consultation under Section 305(b)(2) of the MSA. The Corps will coordinate the project modification request with NMFS 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 has modified their original programmatic Service Provider Letter (SPL) from Clean Water Services to include the changes to PLM_5.3, PLW_2.0 and MPE_1.0 and has applied for a permit modification with the 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 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
Ms. Carrie Bond
P.O. Box 2946
Portland, Oregon 97208-2946
E-mail: Carrie.L.Bond@usace.army.mil
Telephone: (503) 808-4387

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

Notice Issued: September 29, 2020
Written Comments Due: October 30, 2020
Corps of Engineers No: NWP-2015-41
Oregon Department of State Lands No: 60102

WHO IS THE APPLICANT: Willamette Water Supply System Commission

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.