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-2020-384

Portland District
Published Nov. 13, 2020
Expiration date: 12/13/2020

PUBLIC NOTICE
Application for Permit

Issue Date: November 13, 2020
Expiration Date: December 13, 2020
US Army Corps of Engineers No: NWP-2020-384

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: Port of Kalama
Attention: Tabitha Reeder
110 West Marina Drive 
Kalama, Washington 98625
Email: treeder@portofkalama.com
Telephone: (360) 673-2325

Applicant’s Agent: Ecological Land Services, Inc. 
Attention: Lynn Simpson
1157 3rd Avenue, Suite 220A
Longview, Washington 98632
Email: lynn@eco-land.com
Telephone: (360) 578-1371

Location: The project site is located within the Columbia River, east of the McMenamin’s, at 246 Hendrickson Drive, in Kalama, Cowlitz County, Washington. The site is in Section 18, Township 6 North, Range 1 West. Latitude and Longitude: 46.004 North, 122.8475 West.

Waterway: The Columba River – River Mile 75

Project Purpose: The applicant’s stated purpose is to provide a permanent moorage for small cruise vessel during loading and unloading of passengers. 

Project Description: The applicant proposes to construct a small cruise vessel dock within the Columbia River. The small cruise vessel dock would total approximately 1,919 square feet of new overwater structures waterward of the ordinary high water mark (OHWM). The cruise vessel dock would include a 28 feet by 8 feet tower support pier, a 13 feet by 3 feet intermediate support pier, a 11.5 feet by 120 feet adjustable gangway, and a 11.5 feet by 70 feet fixed gangway. The tower support pier would be constructed of pre-cast concrete and supported by four 24-inch steel pilings. The intermediate support pier would be constructed of pre-cast concrete and supported by one 24-inch diameter steel piling. The two gangways would be full grated with fiber-reinforced polymer grating. The gangway would be connected to a concrete abutment located outside the OHWM of the Columba River. 

The applicant would also place six breasting mooring dolphins. Mooring dolphins would be used to secure the vessels while they are moored. Each dolphin is constructed of a single 36-inch pipe piles with pile caps and bollards to secure the mooring lines and would have 8-foot-diameter floating donut fenders. The project would also remove 11 existing timber pilings from within the Columbia River. All pilings would be driven and removed using a barge mounted vibratory hammer. An impact hammer may be needed to complete installation of these piles if the vibratory hammer is unable to advance the piles to the final required embedment.

Mitigation: The applicant proposes to avoid and minimize impacts from the project by relocating the existing mooring of the vessels outside of shallow water habitat, minimize shading increases by including grading, and would conducte the work within the in-water work window of October 1 through December 31. The applicant has proposed to remove 11 timber pilings from within the Columbia River as mitigation for the placement of new pilings. 

Drawings: Ten (10) drawings are attached and labeled Corps No. NWP-2020-384. 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.

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 River Federal Navigation Channel and Pile Dikes. 

Clean Water Act Section 404(b)(1) Guidelines: The proposed project does not include a Section 404 discharge of dredged or fill material. Therefore, at this time is not subject to the 404(b)(1) Guidelines.

Water Quality Certification: The proposed project does not include a Section 404 discharge of dredged or fill material. Therefore, at this time is not subject to the 401 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 Washington Department of Archaeology and Historic Preservation State Historic Preservation Office (DAHP), 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: This proposal is the subject of Shorelines Substantial Development Permit being processed by the City of Kalama.

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
Mr. Brad Johnson 
P.O. Box 2946
Portland, Oregon 97208-2946
Email: Brad.A.Johnson2@usace.army.mil
Telephone: (503) 808-4383