PUBLIC NOTICE
Application for Permit
Issue Date: February 7, 2024
Expiration Date: March 8, 2024
30-Day Notice U.S. Army Corps of Engineers No: NWP-2013-172-1
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: United States Coast Guard Civil Engineering Unit Oakland
Attention: Scott MacCumbee
1301 Clay Street, Suite 700
Oakland, California 94612
Email: scott.maccumbee@uscg.mil
Telephone: (510) 637-5567
Applicant’s Agent: United States Coast Guard Civil Engineering Unit Oakland
Attention: Erin E. Hale
1301 Clay Street, Suite 700
Oakland, California 94612
Email: erin.e.hale@uscg.mil
Telephone: (510) 637-5567
Location: The project site is located at the U.S. Coast Guard Marine Safety Unit Portland (USCG MSU Portland), 6767 North Basin Avenue, in Portland, Multnomah County, Oregon. The site is in Section 17, Township 1 North, Range 1 East. Latitude and Longitude: 45.57° North, -122.72° West.
Waterway: The Willamette River and Swan Island Basin at River Mile 7.5. The location of the ordinary high-water mark (OHWM) has 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. The project is located within the Portland Harbor Superfund Site (PHSS).
Project Purpose: The applicant’s stated purpose is to complete maintenance dredging activities to safely maintain operational design depths, including 2 feet of over depth for USCG vessels, at the USCG MSU Portland.
Project Description: The applicant is proposing to perform maintenance dredging at the USCG MSU Portland basin within the Willamette River and Swan Island Basin. The applicant would dredge up to a total of 3,000 cubic yards (cy) of sediment from below the OHWM of the Willamette River over two dredging events within a 10-year period.
An initial dredge event would remove 160 cy of sediment from the 685-square-foot basin in the western dredge area and 398 cy of sediment from the 4,243-square-foot basin in the eastern dredge area. The basin would be dredged to a maximum depth of -12 feet Columbia River datum (CRD) which includes a 2-foot over dredge allowance.
Post dredge surface management will be determined by the dredged material evaluation per the Clean Water Act (CWA) and in coordination with the U.S. Environmental Protection Agency’s (USEPA) per the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) requirements for the PHSS. The applicant may discharge up to 100 cy of clean sand below the OHWM of the Willamette River to create a one-foot sand cover after reaching -12 feet CRD depth to temporarily contain potential contamination from the post-dredge surface layer. The need for a sand cover, post-dredge sampling, or monitoring is contingent on the outcome of the CWA dredged material evaluation as described below.
The applicant would complete the dredging activity using either a mechanical clamshell method or a hydraulic method, such as suction dredging, that would send the material via pipe to a barge to contain excavated materials. The excavated material would be placed on the deck of the barges and dewatered using barge scuppers and filtration, then transported to the upland disposal site via truck. Barges would be assembled and docked when not in use on the shore on the downstream side of the USCG MSU Portland.
In addition to the event described above, a second event would be conducted if sediment in-fill occurs within the dredge area more quickly than anticipated. The additional dredge event would dredge up to 2,442 cy of sediment from the basin. The work would be conducted using mechanical or hydraulic dredging to a depth of -12 feet CRD which includes the 2-foot over dredge allowance.
Dredged Material Testing: The proposed dredged material will be 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. The PSET will determine if sediment testing is required for this project. Project sediments may require physical, chemical, and/or biological testing to support the permit application evaluation. The PSET will evaluate the applicant’s sediment testing results and determine if project sediments 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 implementing a pollution control plan, deploy floating silt curtains where necessary and deploy a spill response protocol if needed. All foreign and dredged materials will be disposed of properly in uplands and stored at least 150 feet from a waterbody and contained within an isolated zone. Dredging will be conducted from a barge to avoid land-based activities that could affect riparian communities.
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: Four (4) drawings are attached and labeled Corps No. NWP-2013-172-1. 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 work would be completed over a 10-year period. The past permit action for the related maintenance dredging in USCG MSU Portland is NWP-2013-172.
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 Willamette River 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 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 (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 any endangered species or designated critical habitat. For this project, the United States Coast Guard, as the lead Federal agency for ESA consultation, will consult with the NMFS and/or the USFWS as required under Section 7 of the ESA.
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 its vicinity. For this project, the United States Coast Guard, as the lead Federal agency for MSA consultation, will consult with the NMFS as necessary.
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 United States Coast Guard, as the lead Federal agency for determining compliance with Section 106 of the NHPA, will consult with the appropriate State and/or Tribal Historic Preservation Officer as applicable.
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 United States Coast Guard may obtain a Removal-Fill Permit from the Department of State Lands (DSL).
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
Regulatory Branch
Kayla Woods
P.O. Box 2946 Portland, Oregon 97208-2946
Email: kayla.a.woods@usace.army.mil
Telephone: (503)808-4337
PUBLIC NOTICE
Oregon Department of Environmental Quality (DEQ)
Water Quality 401 Certification
Notice Issued: February 7, 2024
Written Comments Due: March 8, 2024
Corps of Engineers No: NWP-2013-172-1
Oregon Department of State Lands No: Unknown
WHO IS THE APPLICANT: United States Coast Guard Civil Engineering Unit Oakland
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.