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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Portland District
Published June 24, 2022
Expiration date: 7/23/2022

Application for Permit

Issue Date: June 23, 2022
Expiration Date: July 23, 2022
                          U.S. Army Corps of Engineers No: NWP-1994-462-2

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:    Port of Kalama
                        Attention: Tabitha Reeder
                        110 West Marine Drive 
                        Kalama, Washington 98625
                        Telephone: (360) 673-2325

Applicant’s Agent:     Moffat & Nichol 
                                        915 Broadway Street, suite 100
                                        Vancouver, Washington 98660
                                        Telephone: (503) 679-3656

Location: The project is located within the Columbia River, River Miles 71-80 at the Port of Kalama 110 West Marine Drive Kalama, Cowlitz County, Washington. Two flow lane disposal sites are located in the Columbia River, River Miles 77.5 and 79.1, Columbia County, Oregon. The activity is in Sections 1,17, 18, 20, 25, 29, 32, and 36, Townships 4, 6, and 7 North, Ranges 1 and 2 West. Latitude and Longitude: 46.008 North, -122.848 West.

Waterway: Columbia River, the locations 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 wetland/waters are substantially inaccurate a new public notice may be published.

Project Purpose: The applicant’s stated purpose is to allow continued maintenance dredging to provide safe navigation and to meet the needs of its shipping customers and Public Marina tenants.

Project Description: The applicant proposed to conduct maintenance dredging and new dredging at the Port of Kalama within the Columbia River. The applicant would dredge up to 2.2 million cubic yards of accumulated sediment over a 10-year period. The applicant would dredge up to 248,500 cubic yards per year, with an average annual amount of 220,000 cubic yards of dredged material. Dredging would be conducted using hydraulic (cuter suction dredge and/or trailing arm hopper dredge) or mechanical dredging methods (clamshell or bucket). Proposed dredged areas are listed below:
Dredged Area    Amount of removal per year    Size     Depth in Columbia River Datum (CRD)
North Port (includes prosed expansion)    Up to 29,000 cubic yards    2.956 acres    -48+2 overdredge CRD
Kalama Export    Up to 9,000 cubic yards    6.543 acres    -43+3 overdredge CRD
T-Barge/Marina Entrance    Up to 2,500 cubic yards    1.768 acres    -12+2 overdredge CRD
Public Marina    Up to 14,000 cubic yards    8.907 acres    -10+3 overdredge CRD
Small Cruise Vessel Dock    Up to 2,000 cubic yards    0.229 acres    -12+2 overdredge CRD
TEMCO    Up to 192,000 cubic yards    54.408 acres    -48+2 overdredge CRD

The dredged material would be disposed at the following locations:

Site Name    Lat/Long    Type    Size     State
Cotton Wood Island    46.059 /
-122.879    In-water (Beach Nourishment)    15.335 acres    WA
Knife River    46.049 / 
-122.874    Upland    27.135 acres    WA
Louis Rasmussen Park    46.002 /
-122.846    In-water (Beach Nourishment)    20.937 acres    WA
Southport    Upland 45.991 / -122.838

Beach 45.991 / 
-122.838    Upland and In-water (Beach Nourishment)    16.988 acres (upland) and 3.834 acres (Beach Nourishment    WA
CalPortland Santosh     45.790 /
-122.844    Upland    125.413 acres    OR
77.5 OR    45.976 / 
-122.839    In-water    12.810 acres    OR
79.1 OR    45.959 /
-122.820    In-water    8.724 acres    OR

The applicant is proposing to place material dredged from the T-Barge / Marina Entrance and Small Cruise Vessel Dock at one of the upland disposal locations unless the material is determined to be suitable for unconfined aquatic disposal. 

Based on post-dredge sediment testing, the applicant would discharge 17,000 cubic yards within 10.7 acres of the Columbia River below the ordinary high water mark to place a 6-inch to 1-foot clean sand layer at the Public Marina. 

The applicant proposes to remove ten 24-inch-diameter timber pilings via barge mounted vibratory hammer or choke chain from downstream of T-Barge. The piles would not be replaced following removal. 

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 a portion of sediments are suitable for unconfined, aquatic disposal and that a portion of sediments are unsuitable for unconfined, aquatic disposal. 

Dredged material found suitable for unconfined, aquatic disposal would be disposed at one of the in-water disposal sites. The unsuitable dredged material would be disposed at one of the upland disposal sites. The applicant is coordinating with the PSET Agencies to identify potential management options for contaminated post-dredge surface sediments.

Sediment testing has not been completed at the T-Barge or Small Cruise Vessel Dock locations. The applicant is proposing to place this material at one of the upland disposal sites; therefore, the applicant did not test these sites. PSET will evaluate the applicant’s proposal and determine if any testing is required for the post-dredging leave surface.

The proposed project includes future maintenance dredging. 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 using a tightly sealed clam-shell bucket during mechanical dredge operations, visual water quality monitoring, and hydraulic disposal via pipeline would be discharged at riverbed to the maximum extent practicable. 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: Sixteen (16) drawings are attached and labeled Corps No. NWP-1994-462-2 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 and under Regulatory Pages select Permit Application Public Notices.

Additional Information: Dredging and disposal would be conducted over a 10-year period and occur between August 1 and December 31. The applicant is proposing to conduct work during night shifts.  

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 Columbia 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 clean sand dredged from the Columbia River. 

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. Oregon States Department of Environmental Quality notice for a water quality 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 Washington Department of Archaeology and Historic Preservation and 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 Cowlitz County. The applicant has applied Removal-Fill Permit from the Department of State Lands (DLS No. 52951). Hydraulic Project Approval Washington Department of Fish and Wildlife.

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
        Regulatory Branch
        Brad Johnson 
        P.O. Box 2946
        Portland, Oregon  97208-2946
        Telephone: (503) 808-4383



Oregon Department of Environmental Quality (DEQ)
Water Quality 401 Certification

    Notice Issued: June 23, 2022
    Written Comments Due: July 23, 2022

Corps of Engineers No: NWP-1994-462-2
Oregon Department of State Lands No: 52951    


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 (

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 ( For questions regarding account registration, system navigation, or training resources, please visit the Your DEQ Online help webpage (

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