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-2007-962-4

Portland
Published Sept. 16, 2021
Expiration date: 10/16/2021

PUBLIC NOTICE
Application for Permit

Issue Date: September 16, 2021
Expiration Date: October 16, 2021
US Army Corps of Engineers No: NWP-2007-962-4
                                      Oregon Department of State Lands No: 43836

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:    ZRZ Realty Company
                      Attention: Kathryn Silva
                      2020 SW 4th Avenue
                      Suite 600
                      Portland, Oregon 97201
                      Email: kathryns@zidell.com
                      Telephone: (503) 228-8691

Applicant’s Agent:     Stillwater Sciences
                                       Attention: Kim Gould
                                       108 NW 9th Ave
                                       #202    
                                       Portland, Oregon 97209
                                       Email: kgould@stillwatersci.com
                                       Telephone: (503) 267-9006

Location: The project site is located at river mile 13, located at 3121 SW Moody Avenue, Multnomah County, Oregon. The site is in Sections 10 and 3, Township 1  South, Range 1 East.  Latitude and Longitude:  45.4996 North, 122.6654 West

Waterway: The work is located in the Willamette River. 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 stabilize the riverbank over the remedial cap in targeted areas of erosion in order to protect public and environmental health and habitat functions. 

Project Description: The proposed project is the Zidell Riverbank Toe Erosion Control Maintenance project. The project would permanently place 2,482 cubic yards of clean fill over 27,505 square feet (0.63 ac) of riverbank below the ordinary high water mark for bank stabilization. The project would temporarily place 62 cubic yards of material in 1,000 square feet of wetland to construct a temporary access road to access the project area. 

The work is divided into three reaches as follows: The downstream reach (Repair Area F, G, and H), the slipway reach corner (Repair Area E), and the bridge shade repair area. 

The downstream reach repair would be applied between elevations +10 feet and +18 feet OHW. Debris would be removed, vegetation pruned back, and the bank will be sloped by hand. Geosynthetic filter fabric would be placed along the horizontal and vertical faces of the erosion area. Gravel 1.5 inch minus rock aggregate would be placed in a 3 to 6-inch thick layer around the established vegetation. Type D rock armor (4-inch minus crushed rock) would be placed around the vegetation in a 1- to 2-foot thick layer over the lower gravel layer. The interstitial spaces of rock armor would be filled with rounded gravel for habitat. The slipway reach corner repair would place rock armor consistent with the current materials at the site. A 2- to 3-foot thick layer of Type D rock armor would be placed on top of geosynthetic filter fabric. The bridge shade repair area would place fill above the OHWM and would utilize the same methods as the downstream reach repair.

Construction would occur at low river stages. The materials would be sourced from a local commercial quarry and delivered to the site by truck. At the staging area, materials would be stockpiled and loaded into tracked transport vehicles with dump beds. Material would be delivered to the site via the temporary access road. The temporary access road would be fully removed and reclaimed after the completion of construction.

Vegetation in the work area would not be cleared but would be pruned back in place. The pruned materials would be kept onsite to allow for replanting along the bank as part of the reclamation of the construction areas. After pruning, excavation of existing material would occur to facilitate slope construction. All excavation would be completed by hand. Filter fabric and rock would be hand placed at the site. Live stakes harvested from the site and will be replanted onsite in the work areas.

All hand-cut soils and gravel would be distributed immediately adjacent to the repair area or incorporated into the fill. There would be no export of soil from the site or discharge into the water.

Mitigation: The applicant proposes to avoid and minimize impacts from the project by using best management practices when placing fill at the site. These include, but are not limited to, all work being done in dry conditions, when the river stage allows workers to stage then hand-place materials, no deliveries will be occur from barges, all rock will be placed by hand in the areas planted with woody vegetation, all imported material will be clean and free of weeds, and all equipment will be staged, fueled, and maintained from above the top of bank. 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:  Thirteen (13) drawings are attached and labeled Corps No. NWP-2007-962-4. 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 work is proposed to be completed during the in water work window of July 1 to October 31. The applicant intends to request an in water work window variance if low water conditions allow for work outside of the in-water work window.

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 will initiate 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 will initiate 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 Oregon State Historic Preservation Office, interested Native American 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 the following additional governmental authorizations for the project: 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; Native American 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 16, 2021
    Written Comments Due: October 16, 2021

Corps of Engineers No: NWP-2007-962-4
Oregon Department of State Lands No: 43836    

WHO IS THE APPLICANT: ZRZ Realty Company

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.