NWP-2023-64

PUBLIC NOTICE
Application for Permit

Issue Date: March 5, 2024
Expiration Date: April 4, 2024
30-Day Notice                                                                                                                                                                                                                                U.S. Army Corps of Engineers No: NWP-2023-64

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 Portland
                                  Attention: Keith Leavitt
                                  7200 NE Airport Way
                                  Portland, Oregon 97218
                                  Email: keith.leavitt@portofportland.com
                                  Telephone: (503) 415-6046

Applicant’s Agent:  Port of Portland
                                  Attention: Maureen Minister
                                  7200 NE Airport Way
                                  Portland, Oregon 97218
                                  Email: maureen.minister@portofportland.com
                                  Telephone: (503) 415-6682

Location: The project site is located at the Port of Portland (Port) Terminals (T) 2 (berths 203, 204, 205, and 206), T4 (berths 401, 410, 411, 414, 415, and 416), T5 (berths 501, including barge and face sides, 502, and 503), T6 (berths 601, 603, 604, 605, and 607) and other marine facilities located at Swan Island (Berths 308, 315, and the Port’s Navigation Division (PND) dock facilities) in Portland, Multnomah County, Oregon. Latitude and Longitude: 45.62° North, 122.78° West.

Dredge Sites:
•    Terminal 2 (berths 203, 204, 205, and 206) is located on the southwest bank of the Willamette River at river mile (RM) 10, within Township (T) 1 North (N), Range (R) 1 East (E), Sections (S) 20 and 28 at Latitude/Longitude: 45.550497°, -122.702681°.

•    Terminal 4 (berths 401, 410, 411, 414, 415, and 416) is located on the east bank of the Willamette River between RM 4 and 5, within T2N, R1W, S35; as well as T1N, R1W, S2 at Latitude/Longitude: 45.602444°, -122.777946°.

•    Terminal 5 (berths 501, including barge and face sides, 502, and 503) is located on the east bank of the Willamette River between RM 1 and 2, within T2N, R1W, S23 and 26 at Latitude/Longitude: 45.642984°, -122.772619°.

•    Terminal 6 (berths 601, 603, 604, 605, and 607) is located on the south bank of the Columbia River between RM 102 and 104, within T2N, R1W, S24; and within T2N, R1E, S30 at Latitude/Longitude: 45.643631°, -122.751688°.

•    Swan Island (Berth 315) is located on Willamette River between RM 8 and 9, within T1N, R1E, S20 at Latitude/Longitude: 45.562023°, -122.720333°

Navigation Hazard Removal Only Sites:
•    Swan Island (Berths 308 and the Port’s Navigation Division (PND) dock facilities) is located on Willamette River between RM 8 and 9, within T1N, R1E, S20; and within T1N, R1E, S17 at Latitude/Longitude: 45.563862°, -122.710053° and 45.566742°, -122.715585°.

NOTE: Terminals 2, 4, Berth 308, Berth 315 and the PND facilities are located within the U.S. Environmental Protection Agency (EPA) designated Portland Harbor Superfund Study Area on the National Priorities List (NPL), pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. § 9601, et seq.) (CERCLA).

Dredged Material Placement Site Options:
•    West Hayden Island Upland Placement Site is located on the northwest side of Hayden Island (RM 104-105) at Latitude/Longitude: 45.625002°, -122.702870°. 

•    Suttle Road Upland Rehandle Facility is located on the south bank of North Portland Harbor near RM 2 (Columbia RM 104.5) at Latitude/Longitude: 45.619176°, 45.619176°.

•    Columbia River In-water placement site on the Oregon side at CRM 102.2 between the western tip of West Hayden Island and Kelley Point Park at Latitude/Longitude: 45.645979°, -122.750203°.

•    Ross Island Lagoon In-water placement site at Willamette RM 15.4 at Latitude/Longitude: 45.487097°, -122.661143°.

Waterway: The project site is located in and adjacent to the Columbia and Willamette
Rivers at the RMs listed above under “Location”.

Project Purpose: The purpose for the proposed project is to provide maintenance of navigational depth and removal of navigation hazards for safe access of cargo vessels docking at Port of Portland facilities.

Project Description: The Port proposes to conduct continued berth maintenance activities including dredging, grading, and removing navigation hazards, as-needed, at the terminals and berths identified above under "Location." No dredging is proposed at Berths 308 and PND, only the removal of navigation hazards would occur at those locations. The estimated total volume of dredged material removed from all berthing areas would average between 10,000 to 30,000 cubic yards (cy) per year over the previously authorized ten-year permit duration. The maximum depths, removal/fill area and volumes for each berth are specified in Table 1 and 2 below. The maximum dredge depths include an overdepth allowance of -3 feet Columbia River Datum (CRD). The Port may utilize a variety of dredging methods such as mechanical dredging with a clamshell or backhoe, hydraulic dredging with a cutterhead suction or submersible pump, underwater grading, and removal of navigation hazards.

Table 1: Dredge Material Removal Volumes and Dimensions by Waterbody, Terminal and Berth.

Note: CRD = Columbia River Datum

The Port does not plan to fill any waters associated with the above project actions but may be requested by the Portland Sediment Evaluation Team (PSET) pending sediment characterization results to address antidegradation. Therefore, fill dimensions and volumes are estimated based in Table 2 below with a placement of 6 inches of fill throughout the entire dredged dimension to represent a conservative maximum. Pending direction from the PSET and characterization results, depth and area of fill may change.

Table 2: Dredged Material Fill Volumes and Dimensions by Waterbody, Terminal and Berth.

Note: CRD = Columbia River Datum

Dredging Methods:
The Port primarily uses a mechanical clamshell dredge equipped with a straight edged close-lipped bucket (referred to as an “environmental” bucket) raised and lowered through the water column to grab and remove accumulated sediments operated from a crane on shore or barge. The clamshell is opened and lowered vertically through the water column. When the bucket contacts the bottom sediments, the weight and movement dig into the substrate. The bucket is designed to reduce sediment resuspension into the water column by forming a seal when the bucket closes and  allows dredge operators to achieve a level horizontal cut. 

When dredging consolidated material, the Port may use clamshell dredge equipped with a digging bucket if sediments cannot be effectively removed with an environmental bucket. A digging bucket contains teeth which dig into the substrate more effectively than with a close-lipped environmental bucket. After the bucket is closed, the crane hoists the full bucket and places the dredged material into a material barge for transport to the designated placement site. The depth and position of the bucket is monitored by the operator using depth markings on the bucket cable or with a positioning computer system or similar Global Positioning System (GPS) system. Bucket dredging can remove sediments from all depths if vertically accessible from the water surface of the water. Various bucket and jaw designs are available to cope with a variety of bottom materials. During dredging, the barge is held in position by spuds to resist the digging induced forces of the boom and bucket swing.

The Port may utilize mechanized backhoe dredges have to remove sediments in areas that are difficult to access by larger clamshell or hydraulic dredges. Such areas may include sediments adjacent to or underneath wharfs, piers, floating docks, or between fender piles at the Port’s berthing areas. Some dredged sediments are released into the water column during the raising and lowering of the excavator arm. As such, turbidity increases may be higher during standard backhoe dredging than for clamshell dredging operations. However, the duration of sediment disturbance may be shorter due to the relatively high precision and efficiency of backhoe dredging.

The Port may utilize hydraulic dredging involving either a cutterhead suction or submersible pipe to create a sediment slurry, typically 30-70% solids, that is pumped through a temporary pipeline to a barge or placement site. Hydraulic dredging will be used only if the dredged sediments within the proposed impact area have been approved by PSET as suitable for unconfined aquatic placement. The resulting dredged slurry will be released to an in-water placement site or captured in a material barge and transported to an approved in-water placement site. The only berths that are within direct reach of a small hydraulic dredge to an in-water placement site are Berths 601, 603, 604, and 605. If the dredged slurry is released in water the discharge end of the pipe would be attached to a small, anchored barge or pontoon equipped with a downspout or “snorkel” that can release the slurry deeper than -20 ft CRD. The placement depth will be monitored, and the discharge pipe will be frequently relocated to prevent mounding of material at any one location.

A small hydraulic pipeline cutterhead suction dredge operated from a floating barge may be used to remove sediments that are difficult to reach using a clamshell dredge. It is anticipated that the Port will use a 6 to 18-inch cutterhead suction dredge. The dredge operator will actively monitor the cutterhead depth using an echosounder and/or the angle of the boom and related depth markings. A GPS system would control horizontal positioning. A floating or submerged pipeline system will be anchored in position at multiple locations and will be clearly marked to identify navigational hazards for other river users.

The Port may utilize submersible slurry pumps (e.g., Toyo pump) to remove unconsolidated sediments in small, localized areas. The submersible pump is lowered into position with a crane from shore or barge and submerged into the upper sediment layer. The dredged material is pumped through a pipeline to a designated placement site. Sediments are removed with minimal agitation, which typically results in a lower slurry ratio and less turbidity in the water column; however, this process is difficult to ensure that the pump is held at a relatively constant elevation.

Underwater Grading:
The Port may utilize underwater grading with the use of a self-propelled barge that pushes or pulls a “drag beam” (a steel I-beam) along the river bottom. Underwater grading will grade uneven sediment deposition that affect navigational clearances and grading depths will be within the range of depths allowed for maintenance dredging at each berth. Underwater grading will redistribute sediments to reduce the frequency of dredging events and is not intended to replace maintenance dredging. During underwater grading, turbidity and any disturbed contaminants would remain near the bottom of each berthing area. The Port may use underwater grading if all of the following criteria are met: 
(1) the amount of sediment presenting navigation concerns does not exceed 5,000 cy; (2) the berth contains high-spots that can be graded into adjacent low spots; and 
(3) PSET has approved dredged sediments within the proposed impact area are suitable for unconfined aquatic placement. 

Removal of Navigation Hazard
The Port may remove large debris on the bottom of a berthing or moorage area when discovered during reconnaissance surveys or maintenance activities. Such debris can include submerged logs or other large items that present a hazard to vessel operations. If any navigation hazards are discovered, these items may be removed with the dredge bucket, floating barge mounted crane, or shore crane using divers as soon as possible to avoid vessel damage. Removal of navigational hazards may occur outside of the in-water work window. These actions are intermittent and are typically completed within a few hours. Large woody debris to include logs and/or root wads and other non-treated wood material will either be relocated downstream and retained within the river system or placed on a shoreline or upland area for habitat enhancement. Any other debris removed from the river will be recycled or transported by truck to an appropriate landfill.

Dredged Material Transport and Placement
If the sediments are found to be suitable for placement by PSET, the Port may transport the dredged material by pipe directly to an approved in-water placement area or a flat-deck barge with watertight side boards or a bin-barge with one or multiple cells to contain all dredged material, including return water. The barged material may be transported by truck or rail to an approved upland or in water placement site, including, Ross Island Lagoon, Suttle Road Upland Placement Site, West Hayden Island Upland Placement Site, or Columbia River In-Water Placement Site at CRM 102.2. If needed, additional placement sites may be identified during the course of this permit duration and would require agency approval. If the dredged material meets the Sediment Evaluation Framework (SEF) criteria, material may be dewatered from the barge and the return water released into the waterway. Dredged material and return water that is unsuitable for upland or in-water placement will be transported to an approved Resource Conservation and Recovery Act (RCRA) Subtitle C or D landfill site by rail or truck. Barge dewatering will be subject to SEF guidelines and the Oregon Department of Environmental Quality (DEQ) water quality criteria.  A detailed discussion of potential dredged material handling and placement options is provided below. The Landfill sites to be used include the Wasco County landfill in The Dalles, Oregon, Finley Buttes landfill in Boardman, Oregon, or other Resource Conservation and Recovery Act (RCRA) Subtitle C or D Landfill. 

In-water placement will involve the discharge of dredged material directly into one of the two approved deep-water sites. The Columbia River In-Water Placement Site is 75 acres in size on the Oregon side of the Columbia River at RM 102.2 between West Hayden Island and Kelley Point Park. The Ross Island Lagoon is at Willamette River RM 15.4. Any dredged material placed at Ross Island must meet the additional DEQ in-water screening criteria (DEQ 2022). Dredged material will be placed in a bottom-dump barge or scow and towed to the in-water placement site. Barges used for in-water placement could include multiple cell, split-hull, flat deck with watertight sideboards, or bin barges. If a hydraulic dredge is used, dredged sediment may be pumped directly to an in-water placement site. Discharged dredged material disperses through the water column and deposits on the river bottom.

Upland placement sites include the 10-acre Suttle Road Rehandle Facility on the south bank of North Portland Harbor near Columbia River RM 2.0 and the 100 acre West Hayden Island Upland Placement Site owned by the Port along the northwest side of Hayden Island RM 104-105. Upland placement of dredged material will be pumped directly from a hydraulic dredge, material barge, or mechanically offloaded. Upland placement sites will be bermed for isolation and settling, the water will be held within the bermed site, or passed through an outlet weir(s), where it may be released back into the adjacent waterway. The capacities of Suttle Road and West Hayden Island total approximately 70,000 cy and 2 million cy, respectively. The Suttle Road and West Hayden Island sites consist of separated bermed cells, which are connected by adjustable weirs. Each site contains one or more settling basins to accommodate excess water. Due to the large size and configuration of the West Hayden Island site and the relatively small amount of dredged material that may be placed there during each maintenance event, it is likely that the return water will be held at this site. At Suttle Road, the dredged material may be dewatered and transferred to a location approved by DEQ. Sediments may be offloaded by trucks and rail cars or conveyor belt systems or hydraulically offloaded from a barge. Hydraulically offloaded sediments will include a submersible pump to pump sediments with additional water, as necessary, through a high-density polyethylene (HDPE) or similar pipeline directly into the primary storage cell of the upland site. If additional water is pumped from the river, intake screens will be installed per National Marine Fisheries Service (NMFS 2008) screening criteria. The handling and transfer of dredged material may be conducted with a clamshell bucket, an excavator or similar equipment, and may include use of a hopper for temporary storage.

Other beneficial uses of dredged material may be identified by the Port, such as potential external buyers that want to utilize dredged sediments for construction fill, cover, or for permitted upland, wetland or shoreline/shallow water mitigation projects. Any dredged sediments used for these purposes would first need to meet the appropriate suitability criteria. It is anticipated that sediment dewatering would be required. Sediments may be transferred by barge, rail, or truck to support an offsite beneficial use. The transport of dredged material beyond the Port facilities would be the responsibility of the external buyer.

Dredged Material Testing: The proposed dredged material will be evaluated in accordance with the SEF. The interagency 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 the following best management practices (BMPs): Maintenance dredging and material placement will be conducted following the most current Oregon Department of Fish and Wildlife (ODFW 2023) guidelines for the timing of in-water work to avoid the vulnerable life stages of important fish species including migration, spawning and rearing. The In-Water Work Period (IWWP) avoids peak migration of adult and larval eulachon through the Columbia River portion of the action area, during years present, typically occurs in March. The IWWP for the Columbia River is November 1 to February 28 and July 1 to October 31 and for the Willamette River December 1 to January 31. For the Willamette River, maintenance dredging performed in waters shallower than -20 ft. National Geodetic Vertical Datum (NGVD) 47 would be restricted to the summer IWWP. In-water dredged material placement would adhere to the IWWP specific to the placement location. Upland placement would be subject to the IWWP if return water is discharged to the adjacent waterway. When performing mechanical dredging, an enclosed clamshell bucket would be used to the extent possible to minimize turbidity and any possible contaminant releases to the water column.  BMPs that will be used to control turbidity may include slowing the bucket speed through the water column, slowing bucket closure, maintaining the bucket flaps, filling the bucket to capacity to minimize water in the bucket without overfilling and modifying the bucket size and/or type. If a backhoe excavator is used and equipped with a half shell digging bucket, to the extent possible, the bucket will be raised in an upright position to reduce loss of sediment through the water column. The cutterhead or submersible pump will be buried in the sediment to the maximum extent practicable to reduce the risk of fish entrainment and minimize the water-to-sediment ratio of the slurry. Dredging and GPS software will be used to model the dredge prism and track previously dredged areas.  The Port will conduct post-dredge bathymetric surveys to assess sediment removal at each dredged location and only the material identified to be dredged will be removed. If the return water exceeds the holding capacity of the ponds, the water will be discharged to the river through a single culvert or series of culverts that are large enough to accommodate return water flows. If water is obtained from residual water on the barge, the dredged material placement site ponds through a recycling system, or the river. If water is pumped from the river, intake screens will be installed per NMFS screening criteria. The underwater grading vessels will be equipped with computer hardware and software, which displays recent hydrographic survey data and current boat position using GPS. Hydrographic survey depths and boat mounted depth sounding equipment will both be used by the operator to measure relative progress and adjust the depth of the drag beam. High spots identified within the berthing areas will be graded only within the depths allowed for maintenance dredging. Underwater grading of material will not occur outside of each berthing area. Lifting of the drag beam through the water column during grading will occur only when necessary, minimizing the exposure of river sediments to the middle and upper water column. The Port will conduct a post-grading hydrographic survey to inspect that the material that was identified to be graded was leveled to the target depth. If any listed fish are observed to be sick, injured, or dead within the project area, operations will cease immediately, and NMFS will be notified. The Port will manage water quality through the prudent implementation of avoidance and minimization measures. Each contractor will develop an individual Contaminant Spill Prevention and Control (CSPC) plan for each specific project that is identified. The Port will adhere to avoidance and minimization measures regarding oil and fuel spills and ensure that all personnel are aware of spill prevention and response procedures. An annual compliance monitoring report will be prepared, if required. 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: Fifty-two (52) drawings are attached and labeled Corps No. NWP-2023-64. 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 navigation channels in these rivers have been maintained for over 150 years. Much of the existing riverbank, riparian habitat, and mainstem channels of the Lower Willamette (LWR) and Lower Columbia Rivers (LCR) have been modified by industrial activities, damming and diking development, dredged material placement, scour, and bank stabilization projects. Much of the riverbank is protected from erosion using bank structures, such as riprap or seawall. The potential for bank erosion has been reduced due to regulated flow conditions from upriver impoundments within the Columbia River. These armoring structures contribute to an artificial habitat condition that provides fewer foraging opportunities and greater predation risks for juvenile salmonids. The shoreline of West Hayden Island has not been subject to recent disturbance and provides relatively healthy riparian habitat. Although some suitable riparian habitat still exists along the Willamette River (i.e. Kelley Point Park, Multnomah Channel), losses of riparian function have occurred in the action area.  

The LWR, near the project site, is frequently used by deep-draft vessels. The Columbia River Federal Navigation Channel has been deepened and is maintained at a depth of   -43 ft. CRD (plus up to 5 feet of additional depth as advanced maintenance, for a total of -48 ft. CRD). The LWR is tidally influenced from the mouth to Willamette Falls at RM 26.8. The Willamette River is approximately 187 miles in length, drains a surface area of approximately 11,478 square miles, and it’s hydrograph is regulated (manipulated) by human structures at or near the Willamette Falls and 13 tributary dams, which largely regulate or manipulate flows permanently. Impoundment projects are regulated to reduce flooding in the winter and increase flows during the summer. Operation of these impoundments has modified water flow and temperature regimes, which has resulted in a mix of beneficial and detrimental effects on fish production. 

The Columbia River is approximately 1,210 miles in length, drains a surface area of approximately 260,000 square miles, and is regulated by a series of main-stem and tributary dams. Morphology of the Columbia River changes throughout its length, including straight, meandering, and anabranching reaches. Flow in the Columbia River is typical of a snowmelt-dominated system with peak flows occurring in the months of May and June. The extensive system of 31 hydroelectric projects and the presence of dikes and levees in the lower portion of the Columbia River regulate flow and prevent flooding of developments located in floodplain areas. Peak and base flows of the Columbia River have been altered relative to pre-development conditions.

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 and Columbia Federal Navigation Channels.

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. 

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 will obtain approval from the City of Portland Planning Department. 

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
        Kinsey M. Friesen
        P.O. Box 2946
        Portland, Oregon  97208-2946
        Email: kinsey.m.friesen@usace.army.mil
        Telephone: (503) 808-4378
        
        
 
PUBLIC NOTICE
Oregon Department of Environmental Quality (DEQ)
Water Quality 401 Certification

    Notice Issued: March 5, 2024
    Written Comments Due: April 4, 2024

Corps of Engineers No: Port of Portland
Oregon Department of State Lands No: N/A    

WHO IS THE APPLICANT: Port of Portland

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.