NWP-2014-92-4

PUBLIC NOTICE
Application for Permit

Issue Date: January 9, 2024
Expiration Date: February 8, 2024
30-Day Notice                                                                                                                                                                                                                             U.S. Army Corps of Engineers No: NWP-2014-92-4

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:           
Beaver Slough Drainage District (BSDD)    
60196 Old Wagon Road
Coos Bay, OR 97420

Applicant’s Agent:
Coos Soil & Water Conservation District (SWCD)
Attention: Caley Sowers
379 North Adams Street
Coquille, OR 97423
Email: info@coosswcd.org
Telephone: (541) 396-6879

Location: The project site is located west of the Coos Bay – Roseburg Highway, Oregon 42, between N Bank Lane and S Cedar Point Road, in Coquille, Coos County, Oregon. The site is in Sections 20, 27, 28, 29, 33, and 34, Township 27 South, Range 13 West. Latitude and Longitude: 43.198183° North, -124.245289° West.

Waterway: China Creek, tidal channels connected to China Creek and Beaver Slough, and wetlands adjacent to China Creek and Beaver Slough near the Coquille River between river mile (RM) 19.6 and RM 23. The project site floods seasonally and is known as Winter Lake. The Coquille River near the project site is a traditional navigable water that flows to the Pacific Ocean. The wetland boundaries and/or location of the ordinary high water mark (OHWM) 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 enhance hydrologic and ecological function for wetlands, fish, and wildlife, and improve agricultural operations in the Winter Lake area.

Project Description: The proposed project is the Winter Lake Phase III System Restoration and Maintenance Project. The applicant proposes to create an interior channel network with water control structures that mimic a natural channel network, maximize fish passage and forage opportunities, enhance fish and wildlife habitat, improve water quality, and provide drainage and irrigation for agricultural enterprises within a 1,383 acre site. The applicant would conduct work and discharge dredged and fill material below the OHWM of the waterbodies identified above and in wetlands to accomplish the project purpose. Permanent and temporary excavation and fill volumes total approximately 183,453 cubic yards (cy) of soil, rock, culvert infrastructure, and large wood which would occur in an area measuring approximately 149 acres. 

Channel Excavation
In order to construct water channel networks that mimic historical conditions for juvenile salmonids, the applicant would excavate and redesign interior pasture channels including the reconstruction of 5.7 miles of existing channels and the creation of 14.1 miles of new channels with sloped banks that would be seeded with native vegetation. The channel network would be comprised of small, medium, and large channels ranging from 8 to 18 feet wide and 2.5 to 4 feet deep. The applicant would construct hydrologic depressions (bulbs) at the upper extent of the channels ranging in size from 0.7 to 1.9 acres and from 1.8 to 2.5 feet deep, for a total of approximately 18.56 acres. The total area excavated for channels from existing wetlands would be approximately 27.8 acres. Excavated materials would be thinspread to an average depth of 3 inches over a total of 87.2 acres.

Large Woody Debris Installation
The applicant would add 200 pieces of large woody debris measuring approximately (on average) 12 feet long and 15 inches in diameter at 12 locations to restore fish habitat.

Culvert Replacement
The applicant would replace 42 existing culverts with 38 new high-density polyethylene (HDPE) culverts appropriately sized for the tidal flow and fish passage with attached upgraded water control structures. At three locations the applicant may install corrugated metal pipe (CMP) culverts in lieu of HDPE culverts. The replacement culverts would measure 40 feet long with diameters ranging from 3 feet to 6 feet wide. The different culvert diameters are calculated appropriate for the tidal flow and fish passage at a given location. The applicant would permanently discharge up to 10 cy of 10 to14 in and 14 to 20 in diameter rock fill at the inlet and outlet of each culvert for scour protection.

Tidegate Installation
New tidegates would be attached to the culverts before installation. The tidegates would have muted regulators. Three types of tidegates are being considered: 1) side-hinged aluminum tidegates with a door brace for managing in the door-open position, 2) water control slide/knife gates operated manually through screw drive and wheel, or 3) other water control structures such as baffles or louvered gates.

Agricultural Features
In order to improve wetland function, water quality and agricultural operations, the applicant would reconstruct and raise 16 existing berms within their original footprint, add 15 additional culverts in channels for irrigation and cattle crossings, and create 9 cattle watering stations with rock fill pads. The cattle crossings and watering stations will support minimizing cattle entry into the channels. The 16 berms in need of repair vary in length from 75 feet to 600 feet. The applicant would permanently discharge approximately 5,323 cy of earthen fill material along approximately 3,498 linear feet of existing berm to achieve an approximate as-built design of 20 feet wide at the berm base, 12 feet wide at the top of the berm and a height of 6 feet. The applicant would install 15 HDPE or polyvinyl chloride (PVC) culverts with the possibility of three CMP culverts may also be installed; the culverts would measure 30 feet long and 4 feet in diameter. The applicant would discharge up to 8 cy of 6-inch diameter rock fill (Class 50 riprap) at the inlet and outlet of each culvert for scour protection. The rock fill pads would measure 20 feet wide by 20 feet long by 6 inches deep and would be comprised of 4-inch diameter rock.

Bridges
The applicant proposes to install two vehicle access bridges at existing culvert locations: 1) the Messerle Farm Access bridge (southern location; see Figure 25b) would be 60 feet long by 12 feet wide with a 10 ft wide wooden deck constructed from railroad beams. The bridge would be supported by footers comprised of 3 inch shallow mat pad foundations with 3 inch pre-cast concrete, and up to 496 cy of riprap would be used to prevent scour at the bridge footings; 2) the second bridge would be installed at the Highway 42 access road channel crossing (northern location; see Figure 25b) and would be constructed with a concrete slab decking that would measure 28 feet, 10 inches long by 14 feet wide. This bridge would be supported by footers comprised of 1 foot of compacted 4-inch diameter gravel to support two feet of pre-cast concrete blocks, a 2 inch by 4-inch block of steel, ultra-high molecular weight polyethylene, or rough cut block of wood beneath the concrete slab. Bridge footers would permanently fill 320 square feet (0.0072 acre) of wetland. The applicant may opt to install a culvert instead of a bridge at the Highway 42 access road location, dependent on funding. If this design is chosen the applicant would install a CMP squash culvert that would measure 40 feet long by 86 inches wide by 61 inches high. The applicant would permanently discharge 10 cy of 10 to14 in diameter rock fill at the inlet and outlet of the culvert for scour protection.

Maintenance and Adaptive Management
The applicant has prepared a maintenance and adaptive management plan for a 20-year period after the initial project construction. The Corps will consider work under this plan to be part of the overall project. The plan includes culvert repair and replacement; flood gate repair and replacement estimated at approximately three per 5 year period; experimental design water control gates, screening, diversion hardware and infrastructure at five specific test locations in the first 10 year period; management of animal damage by filling holes; repair of berm slides/slumps; main canal sediment accumulation management (dredging) of no more than 400 cy (1,000 linear feet) in a 10 year period; interior canal sediment accumulation management (dredging) of no more than 100 cy (1,000 linear feet) in a 10 year period; vegetation management and removal from main and interior channels of up to 200 feet per year per 2,000 feet of channel; removal of blockages resulting from trees in the main and interior channels estimated at four small trees or willow branch removals per year; maintenance and replacement of off-channel watering systems to include 400 feet of trenching in a 5 year period in wetland pasture locations with pre-existing infrastructure; pasture and planting maintenance including disking, tilling, plowing, seeding, mowing, fertilizing, spraying of weeds, and plantings of trees and shrubs; alterations to interior channels as needed to enhance performance hydrologically, agriculturally, and for fish/wildlife habitat, estimated at 100 cy per year; and the thin spreading of spoils from excavations associated with the aforementioned activities at an average depth of 3 inches at the time of excavation on pasture areas where it will be fully stable; thin spreading of dredged material would occur in a total of approximately 7.4 acres of wetlands on-site. The applicant is seeking permit authorization for these activities.

The applicant would conduct the construction and also adaptive management work with conventional equipment such as excavators, farm machinery, and dump trucks.

Mitigation: The applicant proposes to avoid and minimize impacts from the project through the use of best management practices meant to minimize impacts to the aquatic ecosystem. The applicant would isolate work areas during construction, utilize erosion control devices, and would implement the project during a preferred in-water work period of July 1 through September 15 during the low incoming tide to minimize potential adverse effects to fisheries and water quality. In addition, the applicant would adhere to environmental conditions set forth by the Corps, the Oregon Department of Environmental Quality (DEQ), National Marine Fisheries Service (NMFS), and other respective agencies. 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: Thirty-one (31) drawings are attached and labeled Corps No. NWP-2014-92-4. 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: Winter Lake Phase III is part of the Winter Lake Restoration Project, an ongoing ecological restoration and maintenance effort. Prior work included the replacement and upgrade of the main tide gate system and three culverts in 2017, labeled as the C3P tidegate in the figures, of which this project will expand the efficacy. 

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. The source of the fill material would be from on-site excavation for all activities except berm reconstruction, where the fill will be obtained from a contractor. 

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 submit 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 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 that an historic properties investigation has been conducted within the permit area. No sites determined eligible for or listed on the National Register of Historic Places were found to exist within the permit 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 applied for the following governmental authorizations for the project: Water Quality Certification from the Oregon DEQ, Removal-Fill Permit from the Department of State Lands (DSL) (DSL No. 64526-RF), and local planning approval from Coos County.

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
        Darla White
        Eugene Field Office
        211 E. 7th Avenue, Suite 105
        Eugene, Oregon 97401-2763
        Email: Darla.J.White@usace.army.mil
        Telephone: (541-465-6894)

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

                                                                   Notice Issued: January 9, 2024
Written Comments Due: February 8, 2024

Corps of Engineers No: NWP-2014-92-4
Oregon Department of State Lands No: 64526-RF                                     

WHO IS THE APPLICANT: Beaver Slough Drainage District

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 5:00 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.

Email – 401publiccomments@deq.oregon.gov
 

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.

Date: January 9, 2024

U.S. Army Corps of Engineers No: Corps No. NWP-2014-92-4
Oregon Department of State Lands No: 64526-RF

NOTIFICATION:
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 coast.permits@dlcd.oregon.gov. 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.

REVIEW CRITERIA:
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:

http://www.oregon.gov/LCD/OCMP/Pages/OCMP_Enforceable-Policies.aspx

INCONSISTENT?
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.