PUBLIC NOTICE
Application for Permit
Issue Date: February 13, 2024
Expiration Date: March 14, 2024
30-Day Notice U.S. Army Corps of Engineers No: NWP-1994-897
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: City of Tigard
Attention: Mr. Jeff Peck
13125 SW Hall Boulevard
Tigard, OR 97223
Email: JeffP@tigard-or.gov
Telephone: (503) 718-2466
Applicant’s Agent: Pacific Habitat Services, Inc.
Attention: Ms. Tina Farrelly
9450 SW Commerce Circle, Suite 180
Wilsonville, OR 97070
Email: tf@pacifichabitat.com
Telephone: (503) 570-0800
Location: The proposed project is located on the Tualatin River at Cook Park, 17005 SW 92nd Avenue in Tigard, Washington County, Oregon. The site is in Section 14, Township 2 South, Range 1 West. Latitude and Longitude 45.394118°, -122.771645°.
Waterway: The proposed project would occur within the Tualatin River. The location of the ordinary high-water line shown on the project drawings 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.
Project Purpose: The applicant’s stated purpose is to improve access to a navigable waterway.
Project Description: The proposed project site is a riverfront park with an existing dock, boat ramp, and non-motorized vessel launch. The applicant seeks authorization to complete the following work to maintain and improve public access to the Tualatin River at the park:
• Maintenance dredge 9 cubic yards of sediment from a 256 square foot area beneath the existing dock and gangway at the project site.
• Dredge 53 cubic yards of sediment from a 919 square foot area within the footprint of the gangway for the proposed floating dock.
• Temporarily discharge 89 cubic yards of gravel fill material into 2,400 square feet of the Tualatin River in order to construct a staging area for construction equipment necessary to complete the proposed work.
In addition, the applicant also seeks to remove and replace an existing 550 square foot boarding dock at the project site and to construct a new 1,078 square foot access dock. However, the proposed dock/pier construction will not require a Corps Section 10 Rivers and Harbors Act authorization. According to Public Law 94-587 §154 (Water Resources Development Act of 1976), Section 10 permits are not required to construct wharves and piers in a navigable water body is located entirely within one state and if navigability is based solely on the historical use to transport interstate commerce. The Tualatin River is listed in the Navigable Riverways within the State of Oregon, U.S. Army Corps of Engineers, October 1993 as an historical navigable river course that meets this description. Thus, a Corps permit is not required for the dock replacement and dock construction the applicant proposes. The Corps’ permit review for the subject project is limited to the proposed dredging and temporary discharge of fill material into waters of the U.S. at the project site.
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.
Mitigation: The applicant proposes to avoid and minimize impacts from the project as follows:
• The applicant would utilize upland disposal sites for the dredged material and removed dock materials.
• The applicant would utilize a temporary fill pad to stage the necessary construction equipment, rather than discharge the fill permanently.
• The applicant would install coir matting, sediment fencing, and sandbags in the areas to be graded to prevent sedimentation and runoff into waters of the U.S.
• The applicant would deploy turbidity curtains around the proposed in-water work areas.
• The applicant would restore temporary fill areas to the pre-project grade upon completion, re-seed and stabilize graded areas with appropriate native vegetation upon completion of the proposed work and implement a Pollution Control Plan (PCP) prepared by the Contractor and carried out commensurate with the scope of 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: Fifteen (15) drawings are attached and labeled Corps No. NWP-1994-897. 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: On 4 December 1974, the Corps authorized the construction of a boat ramp and dock facility at the project site under file number 001732. On 9 July 1991, the Corps authorized the construction of a non-motorized vessel launch at the project site under file number 009305. On 4 October 1994, the Corps provided a Nationwide Permit 3 for maintenance and repair of the existing docking facility.
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 applicant proposes to temporarily discharge gravel material to create a staging area for construction equipment. The source of the fill material would be from a clean upland source. The Corps will evaluate the fill material source (i.e., borrow site) prior to finalizing a permit.
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 has initiated 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 has initiated 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: City of Tigard Land Use and Building Permit.
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
Attn: James Davidson
P.O. Box 2946
Portland, Oregon 97208-2946
Email: james.e.davidson2@usace.army.mil
Telephone: (850) 496-3906
PUBLIC NOTICE
Oregon Department of Environmental Quality (DEQ)
Water Quality 401 Certification
Notice Issued: February 13, 2024
Written Comments Due: March 14, 2024
Corps of Engineers No: NWP-1994-897
Oregon Department of State Lands No: N/A
WHO IS THE APPLICANT: City of Tigard
Attention: Mr. Jeff Peck
13125 SW Hall Boulevard
Tigard, OR 97223
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.