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-2022-80

Portland Regulatory
Published March 30, 2022
Expiration date: 4/29/2022

PUBLIC NOTICE
Application for Permit

Issue Date: March 30, 2022
Expiration Date: April 29, 2022
                            U.S. Army Corps of Engineers No: NWP-2022-80

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 drawings. The Corps is soliciting comments on the proposed work.
    
Applicant:    Phillips 66
                        Attention: Kelly Hayes
                        520 East D Street
                        Tacoma, WA 98421
                        Email: Kelly.W.Hayes@p66.com
                        Telephone: (253) 207-5569

Applicant’s Agent:     Wood
                                        Attention: Daniel Schall
                                       15862 SW 72nd Avenue
                                       Suite 150
                                       Portland, Oregon 97224
                                       Email: Daniel.schall@woodplc.com
                                       Telephone: (503) 501-8672

Location: The project site is located at 5528 NW Doane Avenue, in Portland, Multnomah County, Oregon. The site is in Section 18, Township 1 North, Range 1 East. Latitude and Longitude: 45.5658° North, 122.7372° West

Waterway: Willamette River, river mile 7.8. The ordinary high water mark shown on the project drawings have 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 maintain functionality of the existing dock to support ongoing operations.

Project Description: The proposed project is the Portland Terminal Maintenance Program. The applicant proposes to conduct maintenance, repair, and replacement of the structure with similar components. Specifically, Phillips 66 is proposing to replace existing dock components including pilings (e.g., bearing, battering, fender, etc.), decking, bracing, piping, pile caps, handrails, ladders, etc.). Only steel, untreated timber, or composite will be used when replacing structures. 
The dock at the Terminal consists of 410 total piles that support the dock platform and 30,060 square feet of decking. The only components of the dock that fall below ordinary high water (OHW) include piles and ladders. The remaining components are all above the OHW.

A general plan for replacement has been developed; however, piles and decking will be inspected annually to determine the priority of replacement, as some pilings and/or decking areas may degrade faster than expected or become damaged during normal operations. The scope of work proposed for the authorization period includes the following maintenance
activities.

1. Pier and Approach
•    Replace decking. Multiple deck planks on the pier and approach exhibit signs of obvious decay (e.g., ultraviolet damage and fungal decay) and are in states of disrepair to the degree they retain little bearing capacity. Approximately 700 square feet of decking is anticipated to require monitoring over the permit period and potential replacement. In addition to the decking to be replaced, many bull rails are slated for replacement. The replacement of decking and bull rails will require usage of hand tools and it is not anticipated to require any in-water work to complete the repairs.
•    Replace Pile Cap at Grid 47. Plumb piles at this location were previously cut near their midspans and a steel beam was placed beneath them. Because this system has proven inadequate and the steel beam is deformed, Phillips 66 proposes to replace the steel beam and install a 16-inch steel plumb pile at mid-span of the beam.
•    Replace Stringer at Grid 6C-7C. One stringer has a longitudinal crack that adversely affects its load capacity and is proposed to be replaced.

2. Fender Systems
•    Pier Head. All of the small diameter, creosote-treated 12-inch, timber fender piles at the pier head are broken at the water line or are missing and require removal and replacement of cluster piles, including new fenders and fender piles. The upstream and downstream ends of the pier head are each protected by four cluster piles, each comprised of five timber piles. Each of the five component fender piles of the eight total cluster piles is proposed for removal and replacement for a total of 40 12-inch creosote-treated timber piles to be removed and replaced with timber piles or polycarbonate pile of similar diameter.
•    Upstream and Downstream Sides of Pier. Creosote-treated timber fender piles on the upstream and downstream sides of the pier show signs of damage, are broken at the waterline, or are missing where not previously replaced by steel pipe piles or untreated timber. The applicant proposes to remove 24 broken creosote treated timber fender piles; 6 fender piles are missing. It is anticipated that at least 30 16-inch diameter steel pipe piles would be installed to replace the broken and missing fender piles.
•    The maximum number of pilings proposed to be replaced each year is 20. The total number of pilings proposed to be replaced over five years will not exceed 73.

3. Substructure Walkways
•    Floating Decking. The three 16-inch hollow steel guide piles for the floating deck will be replaced with piles of the same diameter and material. The floats supporting the floating deck will also be repaired or replaced to address the deck listing issue.
•    Staircase/Platform to Floating Deck. The supporting beams and handrail are proposed for replacement. 

4. Mooring Hardware
•    All Mooring Bollards. Bollard bolts are proposed for annual maintenance tightening.
•    Bollard G. Bollard G will be removed, recoated, and replaced.

5. Boathouse and Access
•    Gangway Landing and Transition. The gangway landing at the boathouse is in need of repair, including to the landing floats and connections to the boathouse. There is no transition plate to prevent tripping on the gangway edge is present; this would be added.

Proposed Repair Sequencing
Proposed Timeframe    Area/Issues    Recommendations
1-2 years    Substructure Walkways -
Staircase/Platform to
Floating Deck    Replace access to floating dock including approximately 38-foot long (200-square foot) access stair with similar, or longer, more gentle slope
ramp/stair of grated aluminum to permit light penetration
1-2 years    Substructure Walkways -
Floating Deck    Replace three steel guide piles, address deck listing issue
1-2 years    Mooring Hardware –
All mooring bollards    Tighten all bolt connections, replace bolts as necessary
1-2 years    Boathouse and Access –
Gangway Landing    Address the floats and connections to level the landing and limit further
deterioration
2-5 years    Boathouse and Access –
Gangway Transition    Add a transition plate at the gangway landing
1-2 years    Pier & Approach –
Pile Cap, Grid 47    Replace pile cap, add a plumb pile at mid-span
1-3 years    Fender Systems –
Upstream Side    Remove broken timber piles, install replacements
1-3 years    Fender Systems –
Downstream Side    Remove broken timber piles, install replacements
1-3 years    Fender Systems –
Pier Head    Remove broken timber piles, install replacements
2-5 years    Pier and Approach –
Decking, Bullrails    Replace deck planks, either
individually or whole areas; replace marked bullrails
2-5 years    Pier and Approach –
Approach Stringer, Grid
6C-7C    Replace stringer
2-5 years    Mooring Hardware –
Bollard ‘G’    Remove rust and scale, recoat

Replacement piles will be placed in the same general footprint of existing piles, within the footprint of the existing dock or boathouse. Identified piles would be replaced with similar diameter (12- to 16-inch) steel or untreated wood installed by vibratory pile driver. Proofing of new piles will be accomplished via pull test and an impact hammer will be used if necessary to set piles. Existing piles will either be fully extracted, partially cut with a new pile secured directly on top or cut at the mud-line using best management practices. If a pile breaks during extraction, the pile will be cut at the mudline and clean sand will be placed on top. Following replacement of each pile, a 6-inch thick, clean sand layer will be placed around the new pile. For a single pile, sand will be placed in a 15-foot radius. For grouped piles, sand will be placed in a 15-foot buffer around the work area. Up to 73 cubic yards of sand would be placed at the site over an area of 46 square feet. 

All in-water work will be conducted within the Oregon Department of Fish and Wildlife in-water work window for the Willamette River (July 1 through October 31). Sound attenuation measures (i.e., bubble curtain and cushion blocks) will be used if proofing piles with an impact hammer is required. Containment will be used to prevent maintenance debris from entering the Willamette River. For any over-water work with the potential to impact surface water, temporary enclosures, booms, floats, filters, or other means and devices will be used to catch and prevent waste from entering the water. When replacing sections of pipelines, lines will be drained of petroleum products and flushed with water. The resulting fluids will be collected for recovery and recycling and may be removed off-site as waste. Secondary containment will be constructed beneath any areas where pipe penetrations (including hot taps) will be made to ensure that no materials or residual fluids are discharged into the water. Residual fluids may be drained into the secondary containment for processing or directly removed with a vacuum truck. All maintenance debris will be disposed of offsite. 

Mitigation: The applicant proposes to avoid and minimize impacts from the project by using best management practices during work. Containment measures will be installed to ensure debris does not fall into the Willamette River. Pile removal will be conducted using Best Management Practices (BMP’s) provided in EPA’s BMP’s for Pile Removal and Disposal Washington State. Sand will be placed carefully and accurately per EPA’s Guidance for In-situ Subaqueous Capping of Contaminated Sediments. The applicant will conduct all work in accordance with their Spill Prevention Control and Countermeasure Plan in accordance with the Clean Water Act, their Integrated Contingency Plan in accordance with the Oil Pollution Act of 1990, and their combined Stormwater Pollution Control Plan/Accidental Spill Prevention Plan in accordance with their National Pollution Discharge Elimination System (NPDES) and wastewater discharge permits for the facility. 

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: Eight (8) drawings are attached and labeled Corps No. NWP-2022-80. 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 under Regulatory Pages select Permit Application Public Notices.

Additional Information: The project is located within the Portland Harbor Superfund Site and within an identified Sediment Management Area. 

Previous work on the structure, including fender pile replacement, ladder replacement, and decking maintenance was authorized under NWP-2007-92.

The waterside components of the marine facility consist of a pier, approach structure and a small boathouse. There are no separate mooring or breasting dolphins. All bents on the pier beyond the approach section include battered piles off-angle from the pile caps for multi-directional stability. The pier is lined by fender piles on the up and downstream sides, as the facility continues to berth vessels on both sides. A separate floating boathouse/boom storage structure is accessed by an aluminum gangway off the pier, and a floating platform between two pier bents is accessed by the substructure walkway. There is an extensive substructure walkway, accessed from a stairway in the service area, that provides mechanical access to below deck equipment, as well as multi-level vessel access. Piping from land to the service area is routed below the deck level.

Timber bracing (cross-bracing and struts) is thru-bolted to piles and pile caps. Some steel piles and framing are present, installed as replacement piles. Several pile bents were fully or partially retrofitted with steel piles and framing in a previous repair effort (circa 2010).
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 Willamette and Columbia River 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 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 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 has applied for the following additional governmental authorizations for the project: Removal-Fill Permit from the Department of State Lands (DSL) (DLS No. 36706), Oregon Department of Environmental Quality (DEQ) for the Land Use Compatibility Statement, and the City of Portland Bureau of Development Services for Greenway Review or exemption.

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: March 30, 2022
    Written Comments Due: April 29, 2022

Corps of Engineers No: NWP-2022-80
Oregon Department of State Lands No: 63706    

WHO IS THE APPLICANT: Philips 66

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.” 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 
(https://ordeq-edms-public.govonlinesaas.com/pub/login).

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.oregon.gov.