Application for Permit
Issue Date: April 15, 2022
Expiration Date: May 15, 2022
U.S. Army Corps of Engineers No: NWP-1994-565-9
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: Douglas County
Attention: James R. Zimmer
P.O. Box 1007
Winchester Bay, Oregon 97467
Telephone: (541) 271-3407 Ext. 302
Applicant’s Agent: Stewardship Solutions Inc.
Attention: Laurie Parry
3370 Tenth Street, Suite C
Baker Cit, Oregon 97814
Telephone: (541) 519-4891
Location: The project site is located within the Umpqua River at Salmon Harbor Marina, 100 Ork Rock Road, in Winchester Bay, Douglas County, Oregon. The site is in Section 7, Township 22 South, Range 12 West. Latitude and Longitude: 43.679729 North, 124.178741 West.
The dredge material would be disposed of at the North Umpqua River and South Umpqua River Ocean Dredged Material Disposal Sites (ODMDS) within the Pacific Ocean. North Disposal Site Latitude and Longitude: 43.690517 North, 124.215169 West and South Disposal Site Latitude and Longitude: 43.659786 North, 124.219725 West.
Waterway: Umpqua River and Pacific Ocean
Project Purpose: The applicant’s stated purpose is to reestablish safe berth elevations by removing accumulated dredge materials from the Salmon Harbor Marina to allow vessel access, prevent damage to vessels and maintain the economic viability of the marina.
Project Description: The applicant would dredge up to 120,000 cubic yards of dredge material over a three-year period with an average of 40,000 cubic yards of material dredged per year. Dredging would occur via mechanical clamshell and scow or hydraulic suction dredging directly to a scow. Dredge areas within the Salmon Harbor Marine were separated into Dredge Management Units (DMU) and would be dredged to the following depths:
DMU – West basin Size Depth in feet – Mean Low Lower Water (MLLW)
DMU1-A1 4.23 acres -10 feet MLLW
DMU1-A2 6.62 acres -10 feet MLLW
DMU1-A3 5.47 acres -12 feet MLLW (2.53 acres) and -10 feet MLLW (2.94 acres)
DMU – East basin
DMU2-A1 3.5 acres -15 feet MLLW (2.11 acres) and -10 feet MLLW (1.39 acres)
DMU2-A2 0.38 acre -12 feet MLLW
DMU2-A3 3.74 acres -15 feet MLLW (2.70 acres) and
-12 feet MLLW (1.04 acres)
DMU3-A1 6.56 acres -12 feet MLLW
DMU3-A2 3.93 acres -8 feet MLLW
The dredge material would be transported and disposed of at the North and South Umpqua Ocean Dredged Material Disposal Sites (ODMDS) within the Pacific Ocean.
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 sediments in the project area are suitable for unconfined, aquatic disposal and exposure.
The proposed project includes future maintenance dredging. If approved, prior to each maintenance dredging cycle the applicant would be required to coordinate with the Corps and the PSET to determine if additional sediment testing is required.
Mitigation: The applicant proposes to avoid and minimize impacts from the project by use of a closed-lopped bucket and utilizing floating silt curtains when feasible. 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: Seven (7) drawings are attached and labeled Corps No. NWP-1994-565-9. 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: In accordance with 40 CFR 220.4 (b) Ocean disposal projects shall specify an expiration date no later than three years from the date of issuance.
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 Umpqua River Federal Navigation Channel.
Section 103, Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413), for transport of dredged material for the purpose of dumping it into ocean waters.
Marine Protection, Research, and Sanctuaries Act (MPRSA): The proposed project would transport and dispose of dredged material at the North Umpqua River and South Umpqua River Ocean Dredged Material Disposal Site. The site has been designated as a disposal site by the U.S. Environmental Protection Agency (EPA) pursuant to Section 102 of MPRSA. See the attached drawings for the location and boundaries of the disposal site. The dredged material would consist of silt and sand. Disposal activities at the disposal site would occur between July 15 and August 31.
Previous discharges at the disposal site have been dredged material from the maintenance of the Federal navigation channel and dredged material from Corps-authorized projects (e.g., dredging at wharfs and boat slips). Previous discharges have generally consisted of silts and sands. The dredged material will be evaluated in accordance with criteria established by the EPA for ocean dumping of dredged material. The Corps will request the EPA’s concurrence for use of the disposal site for this project. The EPA and Corps manage the disposal site, which includes documenting the effects of other authorized disposals that have been made at the disposal site.
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 will (has) initiate(d) 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 (has) initiate(d) 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 has obtained approval from Douglas County. The applicant has applied for the following additional governmental authorizations for the project: Removal-Fill Permit from the Department of State Lands (DSL) (DSL No. 61982GP). Oregon Department of Environmental Quality 401 Water Quality Certification. Department of Land Conservation and Development Coastal Zone Management Act Consistency Certification.
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
P.O. Box 2946
Portland, Oregon 97208-2946
Telephone: (503) 808-4383
Oregon Department of Environmental Quality (DEQ)
Water Quality 401 Certification
Notice Issued: April 15, 2022
Written Comments Due: May 15, 2022
Corps of Engineers No: NWP-1994-565-9
Oregon Department of State Lands No: 61982GP
WHO IS THE APPLICANT: Douglas County
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 15, 2022
U.S. Army Corps of Engineers No: Corps No. NWP-1994-565-9
Oregon Department of State Lands No: 61982GP
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.