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-2017-349-3

Portland District
Published Jan. 14, 2021
Expiration date: 2/11/2021

Joint Public Notice
Application for a Department of the Army Permit and a Washington Department of Ecology Water Quality Certification

Reference No.:  NWP-2017-349-3
Public Notice Date: January 12, 2021
Expiration Date: February 11, 2021

US Army Corps of Engineers
Regulatory Branch
Post Office Box 2946
Portland, OR  97208-2946
Telephone:  (503) 808-4383
ATTN:  Brad Johnson, Project Manager

WA Department of Ecology
SEA Program
Post Office Box 47600
Olympia, WA  98504-7600
Telephone:  (360) 407-6068
ATTN:  SEA Program, 
Federal Permit Coordinator

Interested parties are hereby notified that the U.S. Army Corps of Engineers, Portland District (Corps) and the Washington Department of Ecology (Ecology) have received an application to perform work in waters of the U.S. as described below and shown on the attached plans.  The Corps and Ecology are soliciting comments on the proposed work.

The Corps will review the work in accordance with Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act.  Ecology will review the work pursuant to Section 401 of the CWA, with applicable provisions of State water pollution control laws.

Applicant: Port of Longview
Attention: Lisa Hendriksen
10 International Way
Longview, Washington 98632
Email: lhendriksen@portoflongview.com
Telephone: (360) 425-3305

Applicant’s Agent:  Anchor QEA, LLC
Attention: Matt Kuziensky
1605 Cornwall Avenue
Bellingham, Washington 98225
Email: mkuziensky@anchorqea.com
Telephone: (503) 459-6243

Location: The project is located near 467 Fibre Way, Longview, Cowlitz County, Washington.  The site is in Section 10-11, Township 7 North, Range 2 West. Latitude/Longitude: 46.11008 °, -122.919499°.  

Waterway: Wetland A 

Project Purpose: The applicant’s stated purpose is to analyze the amount of settlement that could occur from fill placement in areas with similar conditions, and for proposed utility relocates.

Project Description: The applicant proposes to place approximately 12,180 cubic yards within 0.57 acres of Wetland A for geotechnical test fill. The test fill would be used as part of geotechnical investigations that would inform the design of the future Industrial Rail Corridor Expansion (IRCE). The footprint of the test fill would be approximately 158 feet by 124 feet. A 25-footwide access ramp and a short section of access road would be constructed on the east side of the test fill to facilitate placement of fill material. Initial fill placement would include nine steel settlement base plates with Polyvinyl Chloride risers placed on geotextile fabric. Clean fill would be placed on top of the plates consisting of stabilization rock and sand. The sand fill would be placed in a series of 8-inch to 24-inch thick lifts with each lift compacted to a minimum density of 100 pounds per cubic foot. The test fill would be in place for three years. Upon removal the applicant would reuse the material at an off-site upland location or place the material in an approved upland disposal site. The area would be restored to pre-construction contours and planted with a native vegetation.

Mitigation: The applicant proposes to avoid and minimize impacts from the project by using temporary erosion and sediment control plan, spill prevention measures, and minimizing access disturbance. The applicant has proposed to use 5.7 preservation credits at the Willow Grove Advance Mitigation Site on the Columbia River, approximately 7 miles downstream of the Project site. The Corps will determine the type and amount of compensatory mitigation necessary to offset environmental losses from the proposed project.

Drawings:  Six (6) drawings are attached and labeled Corps No. NWP-2017-349-3.  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

Authority: The proposed project will be evaluated by the Corps under the following:

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 Cowlitz Levee.  

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 source of Stabilization rock would be from a local borrow area selected by the contractor. It is anticipated that the sand fill material will either be dredged material from the Columbia River deepening project that will be provided by the Port of Longview or from some other approved clean fill source.

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.  Ecology is the certifying agency for the proposed project.

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 will not affect any endangered species or designated critical habitat.  Consultation under Section 7 of the ESA is not required for the described activity.  The Corps will make a final determination on the need to consult after receipt of comments from this public notice including any comments provided by the NMFS and/or USFWS.

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 not adversely affect EFH at the project location or in its vicinity.  The Corps will make a final determination on the need to consult on EFH after receipt of comments from this public notice including any comments provided by the NMFS.

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 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 State Department of Archaeology and Historic Preservation (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:  

Washington Department of Ecology 401 Water Quality Certification

Cowlitz County Floodplain Development Permit

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 – Ecology: Ecology is soliciting comments from the public; Federal, Indian Tribes, State, and local agencies and officials; and other interested parties in order to consider and evaluate the impacts of this activity.  Ecology will consider all comments to determine whether to certify or deny certification for the proposed project under Section 401 of the CWA.

Submitting Comments - Ecology: Any person desiring to present views on the project pertaining to a request for water quality certification under Section 401 of the CWA, may do so by submitting written comments to the following address:  Washington State Department of Ecology, Attention:  Federal Permit Coordinator, Post Office Box 47600, Olympia, Washington  98504-7600, or e-mail to ecyrefedpermits@ecy.wa.gov.

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