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-2012-302-5

Portland District
Published Sept. 24, 2021
Expiration date: 10/25/2021

PUBLIC NOTICE
Application for Permit

Issue Date: September 24, 2021
Expiration Date: October 25, 2021
US Army Corps of Engineers No: NWP-2012-302-5 
                                      Oregon Department of State Lands No: 62913

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:    Shore Terminals LLC
                      Attention:  Cody Cruthirds
                      9420 NW St. Helens Road 
                      Portland, Oregon 97231
                      E-mail:  cody.cruthirds@nustarenergy.com
                      Telephone:  (210) 296-8960

Applicant’s Agent:     Geosyntec Consultants 
                                     Attention:  Keith Kroeger
                                     920 SW Sixth Avenue
                                     Suite 600
                                     Portland, Oregon 97204
                                     E-mail:  kkroeger@geosyntec.com
                                     Telephone:  (971) 271-5901

Location: The project site is located at 9420 NW St. Helens Road in Portland, Multnomah County, Oregon.  The site is in Section 11, Township 1 North, Range 1 West.  Latitude and Longitude:  45.59266° North, 122.77647° West

Waterway: The project is located in the Willamette River at river mile 5.1.  The location of the ordinary high water mark 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 re-establish berth elevations for current and future vessels for an existing terminal.

Project Description: The proposed project is the Shore Terminals P2 Maintenance Dredging project. The project would dredge to a depth of -40 feet Columbia River Datum (CRD) plus 2 feet of advanced maintenance dredging (AMD), plus an additional 1 foot to accommodate 1 foot of sand cover, resulting in a total target dredge depth of
-43 feet CRD, and a projected final surface of -42 feet CRD. The work would dredge up 23,714 cubic yards of material from 3.24 acres. The work would place 5,240 cy of clean sand over 3.24 acres for the temporary cover of the dredged area. To protect the dock face and shoreline, the dredge cut would not exceed a 3H to 1:V slope. The project would conduct maintenance dredging of the Shore Terminals berth area as well as a small portion of the Columbia River Federal Navigation Channel (FNC).  

Dredging would be conducted from a floating barge with an environmental clamshell bucket. The dredged material would be placed in a containerized barge for transport to the off-loading/disposal location. The transport barge would be either a flat-deck barge with watertight sideboards or a bin-wall barge with one or more cells to contain the dredged material. The Contractor would decant excess water from the dredged material barge and pump it to a separate storage tank. The decant water would be analyzed for contaminants of concern consistent with Portland Harbor Superfund Site pollutants and, if necessary, treated prior to disposal at a regulated upland facility. The decant water would not be discharged back into the river. The solid dredge material would be disposed of at a permitted Resource Conservation and Recovery Act Subtitle D disposal facility. 

If any large debris (e.g., submerged logs) are encountered during the dredging operation, they would be removed and either recycled or transported by truck to an appropriate landfill. Dredging operations are anticipated to be conducted 12 hours per day, 6 days per week with the 7th day used for equipment maintenance. The rate of dredging is anticipated to be 1,200 to 1,500 cubic yards per day (16 to 20 days for 23,714 cubic yards).

Sand cover materials would be delivered to the site via barge. Materials would be placed using a barge-mounted crane or excavator with a clam-shell bucket, or other similar specialized equipment as determined by the contractor. All cover placement activities for the berthing area would be staged from the water, with no proposed heavy equipment use on the shoreline. Different placement methods would be evaluated to determine the best approach for accurately placing material while reducing disturbance of the sediment surface. Sand for the cover would be sourced from either/or: 1) Columbia River sand mined by Hickey Marine Enterprises; 2) Clean quarry sand that is free of anthropogenic inputs. If the sand comes from the Columbia River, it would be tested for the analyte cleanup levels listed in Table 17 of the Portland Harbor Superfund Site Record of Decision at a rate of 1 sample per 500 cubic yards and concentrations must fall below Table 17 screening levels. If the sand comes from a clean quarry, it would be analyzed for metals at a rate of 1 sample per 500 cubic yards and must fall below the screening levels listed in the 2018 Sediment Evaluation Framework of the Pacific Northwest.

Dredged Material Testing: Project sediments were evaluated in accordance with the Sediment Evaluation Framework for the Pacific Northwest (SEF). The interagency Portland Sediment Evaluation Team (PSET) implements the SEF for the Corps Portland District.  For this project, the PSET has determined that all project sediments are unsuitable for unconfined, aquatic disposal and exposure. The unsuitable dredged material would be disposed at a Subtitle D Landfill. The applicant proposes to manage the unsuitable post-dredge surface sediments by placing clean fill sand on top of the dredge surface.

Mitigation: The applicant proposes to avoid and minimize impacts from the project by implementing best management practices during dredging operations. Dredging would be conducted during the preferred Oregon Department of Fish and Wildlife (ODFW) 
in-water work window for the Willamette River, which is July 1 to October 31.  An environmental clamshell bucket would be used during dredging to minimize turbidity, total suspended solids (TSS), and possible contaminant releases into the water column. Barges used to transport dredged material from the project area would include watertight side boards, containment cells, or similar configuration to prevent any sediment or decant water from reentering the river.

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:  Twenty-seven (27) drawings are attached and labeled Corps No. NWP-2012-302-5. 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 Environmental Protection Agency (EPA) designated Portland Harbor Superfund Site. The project will be coordinated with EPA under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This area proposed for maintenance dredging is not identified for future remediation in the EPA Record of Decision (ROD).

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 and Lower Willamette Rivers Federal Navigation Project. 

    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 the fill material would be Columbia River sand minded by Hickey Marine Enterprises and/or clean quarry sand. 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 a historic properties investigation has been conducted within the permit area. No sites determined eligible for or listed on the National Register of Historic Places were found to exist within the permit 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 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
        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 24, 2021
    Written Comments Due: October 25, 2021

Corps of Engineers No: NWP-2012-302-5
Oregon Department of State Lands No: 62913    

WHO IS THE APPLICANT: Shore Terminals LLC

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 HearingOregon 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.