Application for Permit
Issue Date: April 20, 2022
Expiration Date: May 20, 2022
U.S. Army Corps of Engineers No: NWP-2021-540-1
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: U.S. Fish and Wildlife Service
Attention: Mark Robertson
1387 Vinnell Way, #343
Boise, ID 83709
Telephone: (208) 501-6397
Applicant’s Agent: KPFF
Attention: Mark Wharry
111 SW 5th Avenue, Suite 2500
Portland, Oregon 97202
Telephone: (503) 806-3317
Location: The project site is located at 76657 Lookingglass Road, in Elgin, Union County, Oregon. The site is in Section 18, Township 3 North, Range 40 East. Latitude and Longitude: 45.7352° North, -117.8633° West
Waterway: The project is located in Lookingglass Creek. The location of 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 upgrade the facility and bring it into compliance with current state and federal agency protection criteria for fish facilities.
Project Description: The proposed project is the Lookingglass Creek Fish Hatchery Facility Improvement Project. The work would place a total of 169 cubic yards (cy) of fill over 1,468 square feet.
The project consists of four components;
(1) The 60 year old fish ladder at the diversion weir will be removed and replaced with a new vertical slot fishway to accommodate both adult and juvenile fish passage.
The majority of the new ladder will be built adjacent to the stream above the ordinary high water mark.
The existing fish ladder will be dewatered and a cofferdam installed to isolate the work area from the stream. The cofferdam will be constructed of super sacks filled with 46 cy large gravel and 8 cy ecology blocks. The cofferdam materials will be placed with equipment from the adjacent upland areas. Fish inside the work area will be captured and returned to the stream. Leakage water into the work side will be pumped into the hatchery retention pond before being returned to the river. The existing ladder will be demolished and the new one constructed in the same location. The new ladder and bypass would remove 1,848 cy of concrete and dirt from 3,800 square feet of Lookingglass Creek. The work would place 130 cy of concrete, gravel, and dirt over 3,3800 square feet of Lookingglass Creek for construction.
The streambank adjacent and downstream of the ladder entrance will be stabilized with rip rap to protect the structure. The work would remove 107 cy of rock, gravel, and dirt over 960 square feet and place 31 cy of gravel and rip rap over 280 square feet to stabilize the bank.
(2) The two 40 year old traveling fish screens will be removed and replaced in their present location with two new screens. Several structural improvements in the screen bay will also be included to improve fish bypass efficiency.
To replace the two traveling screens, perforated plate screens will be installed on the hatchery intake trash racks to prevent fish from entering the intake bays. Stop logs will then be installed in guides in front of the traveling screens and the screen bays will be de-watered. The two screen units will be removed and replaced with new ones. Structural modifications in the screen bay will be made to isolate each screen and to improve fish bypass and collection efficiency.
(3) The existing fish bypass system adjacent to the screens will be abandoned and a new 18 inch fish bypass pipe, drop structure and bypass outfall will be constructed.
A new fish bypass system will be installed along side and downstream of the new ladder. It will include a new bypass pipe and new down well and outfall structures. A small plunge pool will be constructed in the stream bottom at the bypass outfall to cushion juvenile fish. To construct the plunge pool, up to 4 cubic yards of rock and gravel would be removed from 100 square feet of creek. Several large boulders will be placed at the bypass outfall to maintain the plunge pool water depth. Up to 1.5 cy of boulders may be placed over 100 square feet for the plunge pool. During construction water will be supplied to hatchery from two portable pumps with fish screens in the diversion weir forebay.
(4) A notch will be cut in an old concrete apron which spans the entire creek at the lower fish ladder at the hatchery to improve passage during low flow periods.
A 7 foot wide section of the concrete apron that spans the entire creek at the old hatchery ladder will be removed to improve fish passage at low flows. The section to be removed will be dewatered by hand placing sand bags around the perimeter of the work area. The notch will be saw cut and removed and transported to at an upland disposal area. The work would remove up to 13 cy of concrete and gravel from 88 square feet. A concrete base and short side walls will be poured to form the low flow section and allowed to fully cure. The work would place 6.5 cy of concrete over 88 square feet of the barrier apron. Sand bags will then be removed which will restore flow through the notch.
Due to the scope and complexity of the proposed project, it is anticipated that construction will take 11-12 weeks. The site-specific work window identified and approved by ODFW is May 8 - August 7. This is 13 weeks which allows a few weeks for any unforeseen delay in starting construction in early May when a higher than normal snowpack and spring runoff could occur.
During the construction period, adult fish migrating upstream will be trapped at the lower ladder of the hatchery entrance (approximately 1500 feet downstream of the construction site) and transported above the work site.
Any disturbed non-armored bank sections will be re-vegetated with native plants and stabilized with bioengineered techniques to the extent practicable. These techniques might include sediment fences, willow baffles and staking, contour wattling or filter bags depending on the location and extent of disturbance.
The applicant is requesting a 10-year permit.
Mitigation: The applicant proposes to avoid and minimize impacts from the project by monitoring water quality as the coffer dam is installed and removed and as construction activities occur. Work will be suspended if turbidity thresholds are exceeded.
A hazardous material spill plan will be prepared for heavy construction equipment operating onsite. The work will occur within the in water work window in coordination with ODFW.
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: Twelve (12) drawings are attached and labeled Corps No. NWP-2021-540-1. 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: Lookingglass Hatchery was constructed by the U.S. Army Corps of Engineers in 1980 as part of the Lower Snake River Compensation Program to mitigate for spring chinook salmon losses caused by the construction of the four federal dams on the Lower Snake River. The hatchery is funded by the U.S. Fish and Wildlife Service and operated by the Oregon Department of Fish and Wildlife.
The hatchery serves as an adult collection, egg incubation, and rearing and release site for spring chinook designed for the Grand Ronde system. The hatchery facilities include a fish ladder at the upstream diversion weir to trap and sort adult fish. A fish screen is part of the hatchery’s water diversion at the diversion weir to prevent juvenile fish from being diverted into the hatchery facilities.
Authority: The proposed project will be evaluated under the following:
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 Lower Snake River Compensation Program.
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 (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).
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 any endangered species or designated critical habitat. For this project, the USFWS, as the lead Federal agency for ESA consultation completed consultation with the USFWS as required under Section 7 of the ESA. The USFWS issued a biological opinion for this project on February 8, 2022.
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 USFWS, as the lead Federal agency for determining compliance with Section 106 of the NHPA, and has consulted with the appropriate State and/or Tribal Historic Preservation Officer as applicable. The USFWS determined the project will not affect historic properties” as no structures or sites that contribute to properties potentially eligible to the National Register of Historic Places occur in the area of potential effect.
State and Local Authorizations: The applicant has obtained approval from the Union County. The applicant will apply for the following additional governmental authorizations for the project: Removal-Fill Permit from the 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
P.O. Box 2946
Portland, Oregon 97208-2946
Telephone: (503) 808-4385
Oregon Department of Environmental Quality (DEQ)
Water Quality 401 Certification
Notice Issued: April 20, 2022
Written Comments Due: May 20, 2022
Corps of Engineers No: NWP-2021-540-1
Oregon Department of State Lands No: unknown
WHO IS THE APPLICANT: U.S. Fish and Wildlife Service
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 firstname.lastname@example.org.