PUBLIC NOTICE
Application for Permit
Issue Date: February 28, 2024
Expiration Date: March 29, 2024
U.S. Army Corps of Engineers No: NWP-2023-651
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: Attention: Captain Neal E. Armstrong
United States Coast Guard Facilities Design & Construction Center
915 2nd Avenue, Room 2664
Seattle, WA 98174
Email: Neal.E.Armstrong@uscg.mil
Telephone: (571) 608-9243
Applicant’s Agent: Campbell Environmental, LLC
Attention: Eric Campbell
28948 SW Meadows Loop
Wilsonville, OR 97070
Email: eric@campbellenviro.com
Telephone: (503) 680-8390
Location: The proposed project is located in the Siuslaw River at 4255 Coast Guard Road, in Florence, Lane County, Oregon. The site is in Section 15, Township 18 South, Range 12 West. Latitude and Longitude: 44.00221° North, -124.12225° West.
Waterway: Siuslaw River. The location of the High Tide Line (HTL) and Mean High Water mark as 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 replace mooring structures and correct shoreline erosion at the Siuslaw River United States Coast Guard (USCG) Station.
Project Description: The USCG proposes to replace a boathouse, pier access gangway and debris screen, and replace pilings to support these features. The USCG would construct the boathouse in the same location as the existing boathouse but within a larger footprint. To conduct the structural replacement work, the USCG would:
• replace the existing boathouse with a single, two-bay covered boathouse up to 4,730 square feet (sq. ft.) in size, which would include an interior floating dock for two 47-foot motor lifeboats, a mezzanine, deck space for an engineering shop, and a storage area;
• construct a 1,220 sq. ft. gangway, including a small marine diesel fueling platform to connect the boathouse to the shore;
• construct a 193-foot-long vertical debris screen; and
• install 79 steel piles measuring 16-inch to 20-inch diameter each, filled with concrete to support the boathouse, floating docks, pier access gangway, and the debris screen.
Prior to replacement, the applicant would permanently remove up to 71 existing wooden pilings within the boathouse area. The removal of these pilings would measure approximately 74 sq. ft. total below the HTL of the Siuslaw River. During new piling installation, the applicant would permanently discharge up to 274 cubic yards of concrete below the HTL of the Siuslaw River to fill the 79 steel pilings; this impact would occur within an area measuring approximately 148 sq. ft. in size (0.003-acre).
The applicant would complete the work using a vibratory piling hammer, a crawler crane operating from a spud barge, and drill and hydraulic rigs. The applicant would transport demolition debris and materials offsite to an upland permitted landfill and/or recycling facility.
The USCG proposes to complete the project during the Oregon Department of Fish and Wildlife (ODFW)-preferred in-water work period from November 1 to February 15. No dredging is proposed for the project. The proposed project would take approximately 18 months to complete.
Mitigation: The applicant proposes to avoid and minimize impacts from the project by implementing protected species conservation measures during construction, requiring worker environmental rules and regulations awareness training, and implementing construction best management practices to avoid or minimize construction activity effects on the sensitive site resources including habitats and species. In addition, the applicant proposes to avoid and minimize impacts by conducting work during the ODFW preferred in-water work period; by adhering to any requirements of the biological opinion prepared by the National Marine Fisheries Service, if issued, and by adhering to the requirements of the Clean Water Act Section 401 Water Quality Certification (WQC), if issued. The applicant has provided a proposed compensatory wetland mitigation plan to offset losses of waters of the United States that may result from the proposed project. The applicant proposes to purchase 2,000 sq. ft. of estuarine credits from the Wilbur Island Wetland Mitigation Bank. The Corps will determine the type and amount of compensatory mitigation necessary to offset environmental losses from the proposed project.
Drawings: Twenty (20) drawings are attached and labeled Corps No. NWP-2023-651. 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.
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 Siuslaw River and Bar.
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 concrete.
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 Federal agencies conducting activities in the coastal zone to comply to the maximum extent practicable with an approved state coastal zone management program. As a Federal agency, the USCG will coordinate with the Oregon Department of Land Conservation and Development as necessary to ensure the project complies with the Coastal Zone Management Act’s directives.
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 species or designated critical habitat. For this project, the USCG, as the lead Federal agency for ESA consultation, is consulting 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 USCG, as the lead Federal agency for MSA consultation, is consulting 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 USCG, 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. The Corps’ preliminary review indicates 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.
State and Local Authorizations: The applicant has obtained approval from City of Florence, has applied for Clean Water Act Section 401 WQC from the Oregon
Department of Environmental Quality and is seeking a Coastal Zone Management Act consistency determination from the Oregon Department of Land Conservation and Development.
Additional Information: The project proposal also includes upland (outside of Corps jurisdiction) bank stabilization, including installation of a steel interlocking pile wall, as well as upland stormwater improvements including construction of Low Impact Development (LID) storm system features to reduce erosion and sedimentation loss at the proposed project site.
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
Kirsten T. Hines
Eugene Field Office
211 E. 7th Avenue, Suite 105
Eugene, Oregon 97401-2763
Email: kirsten.t.hines@usace.army.mil
Telephone: (541) 465-6878
PUBLIC NOTICE
Oregon Department of Environmental Quality (DEQ)
Water Quality 401 Certification
Notice Issued: February 28, 2024
Written Comments Due: March 29, 2024
Corps of Engineers No: NWP-2023-651
Oregon Department of State Lands No: APP0064817
WHO IS THE APPLICANT: United States Coast Guard
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.