Application for Permit
Issue Date: November 18, 2021
Expiration Date: December 18, 2021
US Army Corps of Engineers No: NWP-2017-433
Oregon Department of State Lands No: 63538-RF
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 Portland
Attention: Maureen Minister
P.O. Box 3529
Portland, Oregon 97208
Telephone: (503) 415-6682
Location: The project site is located within the Glencoe Swale at the Hillsboro Airport near NE Everygreen Road and NE 25th Avenue, Washington County, Oregon. The site is in Section 20, 28, and 29, Township 1 North, Range 2 West. Latitude and Longitude: 45.55067 North, 122.96035 West.
Waterway: Project Area Aquatic Resources: Glencoe Swale, Wetlands A, A1, A2, B, C, D, E, F, FH1, FH2, FH3, G, H, H1, I, and Drainage Ditch A2, A4, A5.
Project Purpose: The applicant’s stated purpose is to meet current Federal Aviation Administration (FAA) airfield design standards for Runway 13R-31L (Runway 13R) and its Runway Safety Area (RSA) in accordance with the Federal Aviation Administration’s Advisory Circular 150/5300-13A.
Project Description: The Proposed project is the Hillsboro Airport Runway Safety Area improvement project. The applicant proposes to discharge approximately 500 cubic yards of fill material within the Glencoe Swale and approximately 13,246 cubic yards of fill material within 2.691 acres of Wetland A1, B, C, and E. The project would fill an approximately 600 linear foot portion of Glencoe Swale (0.05 acre) and shift the swale alignment to the south. The new swale alignment would be placed within a 6-foot high by 14-foot wide by 500 feet long concrete box culvert. The applicant would conduct on-site grading to increase the grade of the RSA area to meet FAA requirements. Grading would result in 2.69 acres of permanent wetland fill. The project would also result in temporary impacts to Glencoe swale and its associated wetlands. These temporary impacts are due to grading and excavation in order to provide balanced floodplain cut and fill to meet the flood storage requirements of the City of Hillsboro and to meet the Federal Emergency Management Agency no-rise requirements for the floodway. Grading and excavation are also necessary to ensure proper flow of hydrology in Glencoe Swale on the Hillsboro Airport property from upstream of the RSA, through the new box culvert to be installed in the RSA and extending downstream of the RSA. These activities would result in 0.10 acre of removal in Glencoe Swale and 2.67 acres of removal in wetlands. The removal of soil would be permanent. Wetlands would be restored in place by reseeding with an airfield approved grass seed mix after grading is complete
Mitigation: The applicant proposes to avoid and minimize impacts from the project by including an erosion control plan that would be implemented prior to construction to minimize potential water quality impacts to downstream waters and wetlands. Best management practices would be implemented before the start of any ground disturbing activity and may include the following measures: installation of a sediment fence around the work area perimeter, maintenance of natural vegetation and a wetland buffer zone, installation of inlet protection measures and check dams and use of designated construction entrances. Erosion control measures would be inspected daily by the contractor when stormwater runoff is occurring. The applicant has provided a proposed compensatory wetland mitigation plan to offset losses of waters of the U.S. that may result from the proposed project. To compensate for the 2.69 acres of permanent wetland impact, the applicant would use the remaining 1.67 Bobcat Marsh mitigation bank credits in addition to purchasing 1.02 mitigation credits from the Butler bank. Both banks offer mitigation for the same Cowardin and HGM class as the impacted wetlands. To compensate for the fill of 0.05 acre of Glencoe Swale, the applicant has reserved 0.05 acre of stream credits from the Half Mile Lane In-Lieu Fee (ILF) Program.
Drawings: Ten (10) drawings are attached and labeled Corps No. NWP-27-433. 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 Permit Application Public Notices from the list of Regulatory pages.
Additional Information: N/A
Authority: The proposed project will be evaluated under the following:
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 from on-site borrow area and topsoil area as well as on-site grading.
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 will not affect any endangered species or designated critical habitat. For this project, the FAA, as the lead Federal agency for ESA consultation, may consult with the NMFS and/or the USFWS as required under Section 7 of the ESA.
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. For this project, the FAA, as the lead Federal agency for MSA consultation, may consult with the NMFS as necessary.
Historic Properties/Cultural Resources: Section 106 of the National Historic Preservation Act (NHPA) of 1966, as amended (16 U.S.C. 470), 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. For this project, the FAA, as the lead Federal agency for determining compliance with Section 106 of the NHPA, will consult with the appropriate State and/or Tribal Historic Preservation Officer as applicable. 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 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 has obtained approval from Washington County and will be applying for the following additional governmental authorizations for the project:
City of Hillsboro Floodplain Activities Permit
Department of State Lands Removal / Fill 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: 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
P.O. Box 2946
Portland, Oregon 97208-2946
Telephone: (503) 808-4380
Oregon Department of Environmental Quality (DEQ)
Water Quality 401 Certification
Notice Issued: November 18, 2021
Written Comments Due: December 18, 2021
Corps of Engineers No: NWP-2017-433
Oregon Department of State Lands No: 63538-RF
WHO IS THE APPLICANT: Port of Portland
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 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.” Additional Section 401 process information is available on DEQ’s webpage (https://www.oregon.gov/deq/wq/wqpermits/Pages/Section-401-Certification.aspx).
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 submitted electronically through Your DEQ Online (https://ordeq-edms-public.govonlinesaas.com/pub/login). For questions regarding account registration, system navigation, or training resources, please visit the Your DEQ Online help webpage (https://www.oregon.gov/deq/Permits/Pages/Your-DEQ-Online-Help.aspx).
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. Public records can be accessed through the Your DEQ Online public records portal webpage
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 firstname.lastname@example.org.