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 2009-657/1

PORTLAND DISTRICT
Published Nov. 2, 2022
Expiration date: 12/2/2022

PUBLIC NOTICE
Application for Permit

                  

 

Issue Date: November 2, 2022
Expiration Date: December 2, 2022
U.S. Army Corps of Engineers No: NWP-2009-657/1

 

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: Port of Astoria
                    Attention: Matt McGrath 
                    10 Pier One, Suite 308 
                    Astoria, OR 97103
                    Email: mmcgrath@portofastoria.com   
                    Telephone: (503) 741-3336                                                                    

Applicant’s Agent: Campbell Environmental, LLC
Attention: Jodi Wilmoth
28592 SW Cascade Loop
Wilsonville, OR 97070
Email: jodi@campbellenviro.com
Telephone: (503) 680-8390

                                     

Location: The project site is located at 2320 SE 12th Place, in Warrenton, Clatsop County, Oregon. The site is in Section 26, Township 8 North, Range 10 West. Latitude and Longitude: 46.1520° North, 123.8811 West.

Waterway: Wetland A

Project Purpose: The applicant’s stated purpose is to expand the existing Western Oregon Waste (WOW)/Recology Headquarters to accommodate additional vehicle parking and facilitate better traffic circulation.Project Description: The project would expand the existing WOW/Recology Headquarters by grading and filling 1.13 acres of Wetland A to accommodate additional parking and to allow better traffic circulation for cars, trucks, and equipment. The finished grade would consist of compacted gravel.

The project would include construction of a stormwater channel and treatment swale to capture and convey stormwater runoff from the expansion area. The channel would be constructed of clean gravel and sand with a 3- or 4-inch diameter plastic drainpipe located at the bottom of the channel. The channel and drainpipe would convey flows to a treatment swale constructed of ecology blocks, soil filter layers, and perforated filter pipe.

Heavy equipment would access the site from SE 12th Place and Airport Road, utilizing existing parking areas for staging. Site construction would commence with site clearing and grading. Most of the excavated material would be reused onsite. Any excavated vegetation or extra material not used onsite would be taken to an appropriate upland disposal location. All new fill material would consist of clean gravels and soil.

Mitigation: The applicant proposes to avoid and minimize impacts from the project by implementing best management practices that would include the installation of sediment fences, flagging sensitive areas not proposed for construction, implementing a pollution control plan, staging equipment in uplands, inspecting equipment daily for leaks, and refueling equipment at least 150 feet from waters. The applicant has provided a proposed compensatory wetland mitigation plan to offset losses of waters of the U.S. that may result from the proposed project. The applicant is proposing purchase wetland mitigation credits from the Astoria Airport Mitigation Bank.

Drawings: Six (6) drawings are attached and labeled Corps No. NWP-2009-657/1. 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 received a Corps permit for the same project on July 18, 2012, although the project was never constructed.

Authority: The proposed project will be evaluated under the following:

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 locally sourced clean gravel, sand, soil, ecology blocks, and plastic drainpipe. Most excavated material will be reused onsite for fill and final grading.

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.

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 will not affect any endangered species or designated critical habitat. Consultation under Section 7 of the ESA is not required for the described activity. The Corps will make a final determination on the need to consult after receipt of comments from this public notice including any comments provided by the NMFS and/or USFWS.

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 not adversely affect EFH at the project location or in its vicinity. The Corps will make a final determination on the need to consult on EFH after receipt of comments from this public notice including any comments provided by the NMFS.

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 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. The permit area has been so extensively modified by modern development that little likelihood exists for the proposed project to affect an undisturbed historic property or any other type of cultural resource.

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 Clatsop County Land Use and Planning Department. The applicant has applied for the following additional governmental authorizations for the project: Removal-Fill Permit from the Oregon Department of State Lands (DSL) (DSL No. 43209-FP).

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
Ms. Danielle Erb
P.O. Box 2946
Portland, Oregon 97208-2946
Email: danielle.h.erb@usace.army.mil
Telephone: (503) 808-4365