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-2019-57/1

PORTLAND DISTRICT
Published Oct. 20, 2022
Expiration date: 11/19/2022

PUBLIC NOTICE
 Application for Permit.

Issue Date: October 20, 2022
Expiration Date: November 19, 2022
U.S. Army Corps of Engineers No: NWP-2019-57/1

              

 

 

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: Teevin Bros. Land & Timber Company
                    Attention: Shawn Teevin
                    42894 Old U.S. Highway 30
                    Astoria, Oregon 97103
                    Email: shawn@teevinbros.com
                    Telephone: (503) 556-5090

Applicant’s Agent: Stewardship Solutions, Inc.
                                   Attention: Laurie Parry
                                   3370 Tenth Street, Suite C
                                   Baker City, Oregon 97814 
                                   Email: laurie@stewardshipsolutionsinc.com
                                   Telephone: (541) 403-2657   

Location: The applicant's proposed dredge prism is located in Westport Slough, near river mile (RM) 1, near Westport, Clatsop County, Oregon. The site is in Section 36, Township 8 North, Range 6 West. Latitude/Longitude: 46.13759°, -123.38086°.

The applicant's proposed disposal site is located in the Columbia River, near RM 40, near Wauna, Clatsop County, Washington. Section 15, Township 8 North, Range 6 West. Latitude/Longitude: 46.17156°, -123.421°. 

Lat/Long coordinates will be provided on the ORM2 Summary page. Use this block to provide a brief description of where the work in jurisdictional waters of the United States is located, (e.g., name of waterbody, location of project in relation to an intersection, and/or known landmark). For unnamed jurisdictional waters, provide the location in relation to the nearest named water. A site map may also be referenced and attached.

Waterway: The location of the ordinary high water mark (OHWM) and line of mean high water 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 project purpose is to maintain adequate barge clearance at the applicant’s dock located in Westport Slough.

Project Description: The applicant would conduct work below the OHWM of Westport Slough to accomplish maintenance dredging at an existing gravel loading dock to maintain adequate berthing depth for barges. The applicant would remove up to 15,000 cubic yards (cy) of sediment over a 10-year time period; approximately 3,767 cy of sediment would be dredged during an initial dredging event in 2023, and up to 11,233 cy of additional sediment would be dredged during the course of the proposed 10-year permit time period. The dredge prism measures approximately 1 acre in size. The sediment to be dredged is comprised of silt and sand. The applicant would discharge dredged material at a dispersive site within the Columbia River measuring approximately 3 acres in size.

The applicant would conduct dredging using mechanical methods and a floating barge. The applicant would conduct dredging to a depth of -20 feet (Columbia River Datum), including 2 feet of advanced maintenance dredging. Dredging and disposal are anticipated to occur every 3 to 5 years depending on deposition rates within the proposed dredge prism.  

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. 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:
 

  • Conducting dredging and disposal activities during an Oregon Department of Fish and Wildlife preferred in-water work window to minimize impacts to fishery resources;
  • Disposing of dredged material at a dispersive site to avoid mounding of sediment within the Columbia River;
  • Installing and maintaining floating silt curtains to minimize turbidity at the dredging site;
  • Ensuring the dredging contractor maintains a hazardous material spill kit and adheres to a spill prevention, control, and countermeasure plan during dredging and disposal operations;
  • Monitoring turbidity during dredging and disposal operations consistent with the Clean Water Act Section 401 Water Quality Certification, if issued for the project.

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-2019-57/1. 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: The applicant completed a replacement of the dock and conducted dredging of the site in 2019 to allow for the use of the site by river or ocean-going barges.

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 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.

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. The state’s 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 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 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, 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: Clean Water Act Section 401 Water Quality Certification from the Oregon Department of Environmental Quality; local planning review from Clatsop County. The applicant has obtained a Removal-Fill Permit from the Oregon Department of State Lands (DSL No. 64013GP).

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
Tyler Krug
North Bend Field Office
2201 Broadway, Suite C
Email: Tyler.J.Krug@usace.army.mil
Telephone: (541) 756-2097

                  

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

 

Notice Issued: October 20, 2022
Written Comments Due: November 19, 2022
Corps of Engineers No: NWP-2019-57/1
Oregon Department of State Lands No: 64013GP

                                                                                            

WHO IS THE APPLICANT: Teevin Bros. Land & Timber Company

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 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
(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.