Application for Permit Modification
Issue Date: April 8, 2022
Expiration Date: May 8, 2022
U.S. Army Corps of Engineers No: 071-OYA-2-005743
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: Port of Bandon
Attention: Jeff Griffin
390 1st St. SW
Bandon, Oregon 97411
Telephone: (541) 347-3206
Location: The project site is located at the Port of Bandon’s public boat launch ramp and marina in Bandon, Coos County, Oregon. The site is in Section 30, Township 28 South, Range 14 and 15 West. Latitude and Longitude: 43.120847° North, -124.414434° West.
Waterway: Coquille River. The location of the mean high water and high tide line shown on the project drawings have not yet been verified by the Corps. If the Corps determines the boundaries of the wetland/waters are substantially inaccurate a new public notice may be published.
Project Purpose: The applicant’s stated purpose is to replace the Port of Bandon’s public boat launch ramp, floating docks, and pilings to extend the serviceable life of these structures.
Project Description: The applicant is requesting a modification to their existing permit to replace the existing boat launch ramp, floating docks, and pilings to extend their serviceable life. In addition, the applicant is seeking a 10-year authorization to maintain this infrastructure once constructed.
The applicant would remove the existing concrete boat launch ramp, rock riprap, floating docks, and pilings and install a new concrete boat launch ramp, rock riprap, floating docks, and pilings. In addition, the applicant would remove an off-site piling supported concrete slab and associated pilings.
The replacement boat launch ramp would measure 45.5 feet wide by 152 feet long and would be constructed with pre-cast concrete planks measuring 8-inches in height; 6,916 square feet (sq. ft.) in total. The applicant would discharge crushed aggregate as a base for the replacement boat launch ramp. The applicant would discharge 8-inch diameter rock riprap along the edges and toe of the boat launch ramp to provide structural protection from scour and undermining. The replacement boat launch ramp would result in the removal of up to 1,198 cubic yards (cy) of rock and concrete and the discharge of up to 944 cy of rock and concrete below the high tide line (HTL) of the Coquille River. The boat launch ramp and rock riprap project component would permanently impact an area measuring 0.06 acre below the HTL of the Coquille River.
The replacement floating docks would be oriented parallel with the boat launch ramp and would measure 6 feet wide by 180 feet long; 2,160 sq. ft. in total. The docks would be aluminum 20-foot sections without grating. The applicant would install 10, 12-inch diameter steel pilings to support the replacement docks. The applicant would not fill the pilings with concrete. The replacement floating docks would result in an increase of 240 sq. ft. of over-water structure within the Coquille River.
The applicant would offset the permanent increase in boat launch ramp, rock riprap, and dock float size by removing a piling supported concrete slab measuring approximately 900 sq. ft. which is supported by approximately 40 preservative treated wooden pilings. The concrete slab and pilings are located approximately 1,000 feet east of the exiting boat launch ramp at the northern end of the applicant’s boat basin.
The applicant would replace the boat launch ramp and associated rock riprap with heavy equipment operating from the top of the Coquille River riverbank and within the Coquille River. The applicant would remove the existing dock floats with a crane and excavator operating from the riverbank or would float individual dock sections to the launch ramp and remove them by vehicle out of the waterway. The applicant would utilize a vibratory hammer or a socket technique to remove and install the pilings on-site utilizing either a floating barge or with heavy equipment operating from the riverbank. The applicant would utilize these same methods to remove the concrete structure and associated pilings. The applicant would store the removed pilings and concrete on the barge or would transfer them to an upland area on-site for recycling or disposal.
The applicant would directly adversely affect approximately 30 sq. ft. of submerged aquatic vegetation through the fill discharges associated with the replacement of the boat launch ramp and rock riprap.
Mitigation: The applicant proposes to avoid and minimize impacts from the project by using pre-cast concrete fill material and by conducting in-water work during the Oregon Department of Fish & Wildlife preferred in-water work window for the Coquille River estuary; October 1 to February 15. In addition, the applicant would adhere to the applicable environmental best management practices found in a programmatic biological opinion maintained between the Corps and National Marine Fisheries Service. The applicant proposes to remove an over-water concrete structure and associated pilings to compensate for the replacement of the boat launch ramp, floating docks, and pilings. 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. 071-OYA-2-005743. 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 Corps permitted the current boat launch ramp, floating docks, and pilings in 1985. The applicant states the structures are reaching the end of their design life and are in need of replacement to continue their serviceable life.
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 Coquille River Federal Navigation Channel.
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 a commercial supplier of rock and concrete.
Water Quality Certification: Section 401 of the Clean Water Act (CWA) (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. The state’s notice for a water quality certification is attached. A copy of this public notice has been provided to the U.S. Environmental Protection Agency (EPA), Region 10. This public notice serves as the Corps’ notification to EPA pursuant to Section 401(a)(2) of the CWA and this notice initiates EPA’s 30-day review period under Section 401(a)(2).
Coastal Zone Management: Section 307(c) of the Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1456(c), requires non-Federal applicants seeking a federal license or permit to conduct any activity occurring in or affecting the coastal zone to obtain a Consistency Certification which indicates the activity conforms with the State’s Coastal Zone Management Program. The applicant believes the proposed project would comply with and be conducted in a manner consistent with the Oregon Ocean and Coastal Management Program. The state’s notice for a consistency certification is attached.
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 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 (SHPO), 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 would apply for a local land use zoning compliance and floodplain development permit from the City of Bandon, a Clean Water Act Section 401 Water Quality Certification from the Oregon Department of Environmental Quality, and a Coastal Zone Management Act consistency concurrence from the Oregon Department of Land Conservation and Development. The applicant would also apply for a Removal-Fill Permit from the Department of State Lands (DSL) and a proprietary DSL land use authorization.
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
North Bend Field Office
2201 Broadway, Suite C
North Bend, Oregon 97459-2372
Telephone: (541) 756-2097
Oregon Department of Environmental Quality (DEQ)
Water Quality 401 Certification
Notice Issued: April 8, 2022
Written Comments Due: May 8, 2022
Corps of Engineers No: 071-OYA-2-005743
Oregon Department of State Lands No: Unknown
WHO IS THE APPLICANT: Port of Bandon
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 11:59 p.m. on the date specified in the upper right section on page one of this notice. Comments may be submitted electronically or through standard mail.
Electronic – Written comments may be submitted electronically through Your DEQ Online (https://ydo.oregon.gov/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).
Mail – Oregon Department of Environmental Quality, Northwest Region
700 NE Multnomah Street, Suite #600
Portland, Oregon 97232
Attn: 401 Water Quality Certification 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. 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 email@example.com.
OREGON OCEAN AND COASTAL MANAGEMENT PROGRAM
Date: April 8, 2022
U.S. Army Corps of Engineers No: Corps No. 071-OYA-2-005743
Oregon Department of State Lands No: Unknown
For projects subject to coastal zone review, notice is hereby given that the project is being reviewed by the Department of Land Conservation and Development (DLCD) as provided in Section 307(c) of the Coastal Zone Management Act. The applicant believes that the activities described in the attached materials would comply with and be conducted in a manner consistent with the Oregon Ocean and Coastal Management Program. Project information can be made available for inspection at DLCD's Salem office.
DLCD is hereby soliciting public comments on the proposed project’s consistency with the Oregon Coastal Management Program. Written comments may be submitted to DLCD, 635 Capital Street NE, Suite 150, Salem, Oregon 97301-2540. Comments may also be sent by fax to (503) 378-6033 or by email to firstname.lastname@example.org. All comments must be received by DLCD on or before the comment deadline listed in the accompanying Corps of Engineers’ Public Notice Application for Permit. For further information, you may call DLCD at (503) 373-0050.
Comments should address consistency with the applicable enforceable policies of the Oregon Coastal Management Program. These enforceable policies are found in the following:
Acknowledged Local Comprehensive Plans & Implementing Ordinances
Statewide Planning Goals
Applicable State Authorities incorporated into the Oregon Coastal Management Program (e.g. Removal-Fill Law, Water Quality Standards, Beach Bill, etc.) as applicable.
A list of specific enforceable policies can be found at the following link:
If you believe this project is inconsistent with the Oregon Coastal Management Program, your comments to DLCD should explain why you believe the project is inconsistent and should identify the Oregon Coastal Management Program element(s) in question. You should also describe how the project could be modified, if possible, to make it consistent with the Oregon Coastal Management Program.