PUBLIC NOTICE
Application for Permit
Issue Date: March 13, 2024
Expiration Date: April 12, 2024
U.S. Army Corps of Engineers No: NWP-2023-659
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: Eugene Water and Electric Board
Attention: Andrew Janos
4200 Roosevelt Blvd
Eugene, OR, 97402
Email: andrew.janos@eweb.org
Telephone: (541) 685-7486
Location: The project site is located at Trail Bridge Reservoir, in McKenzie Bridge, Linn County, Oregon. The site is in Section 11, Township 15 South, Range 6 East. Latitude and Longitude: 44.275101 North, -122.049383 West.
Waterway: Trail Bridge Reservoir and adjacent wetlands. The wetland boundaries and location of the ordinary high water mark 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 reduce the risk of obstructing or damaging the Trail Bridge Dam service spillway.
Project Description: The proposed project is the Trail Bridge Reservoir Operations Boat Ramp and Debris Boom Anchor project. The proposed project would discharge up to 2,126 cubic yards (cy) of fill material into 26,006 square feet (sq. ft.) (0.6-acre) of Trail Bridge Reservoir, Submerged Wetland 1, and Wetland 5 to install a concrete debris boom anchor, construct the boat ramp, and construct a temporary access road to install the anchor if necessary. The applicant would also discharge up to 500 cy of spawning gravel below the ordinary high water mark (OHWM) of the McKenzie River below the base of the Trail Bridge Dam within an area up to 6,750 sq. ft. in size to compensate for the 6,625 sq. ft. of permanent loss of waters to complete the proposed project.
Boom Anchor
The applicant would permanently discharge up to 107 cy of concrete below the OHWM of Trail Bridge Reservoir within an area up to 361 sq. ft. in size to install a 19-foot-long by 19-foot-wide by 8-foot-tall concrete debris boom anchor at the bottom of the reservoir. The applicant would cast the concrete block in place using barges, a concrete truck, portable dock, concrete pump, water pump, water storage tanks, pipes, a concrete form, containment devices and divers. The applicant would pump concrete from an upland location on the western road shoulder of Highway 126, or from the temporary access road, if necessary, to an underwater concrete form.
The applicant would access the anchor installation location by utilizing a floating dock extending from the edge of the reservoir from the western shoulder of Highway 126. If the temporary access road is constructed, an additional floating dock would extend from the end of the access road to the anchor installation location. Working from the floating dock(s) and crane barge, the applicant would install a steel form and containment device to isolate and dewater the work area prior to pouring the concrete into the concrete form.
Boat Ramp
The applicant would permanently remove up to 219 cy of boulders from below the OHWM of Trail Bridge Reservoir within an area up to 3,945 sq. ft. in size prior to constructing a 200-foot-long by 20-foot-wide boat ramp. The applicant would permanently discharge up to 1,313 cy of aggregate and riprap below the OHWM of Trail Bridge Reservoir within an area up to 8,363 sq. ft. in size to provide a base for the boat ramp and bump-out for boats to access accumulated debris. The applicant would maintain the reservoir elevation at 2,078 feet to construct approximately 80% of the boat ramp in the dry and the remaining 20% in the wet.
Temporary Access Road
The applicant may construct a temporary access road to install the anchor. If the temporary access road is constructed, the applicant would:
• Temporarily discharge up to 670 cy of coarse aggregate base from below the OHWM of Trail Bridge Reservoir within an area up to 16,750 sq. ft. in size;
• Temporarily discharge up to 13 cy of coarse aggregate base from Submerged Wetland 1 within an area up to 331 sq. ft. in size;
• Temporarily discharge up to 23 cy of coarse aggregate base from Wetland 5 within an area up to 562 sq. ft. in size.
Fill material from the temporary access road would remain in Trail Bridge Reservoir, Submerged Wetland 1 and Wetland 5 for up to six weeks. Upon completion of the project, the applicant would:
• Permanently remove up to 670 cy of coarse aggregate base from below the OHWM of Trail Bridge Reservoir within an area up to 16,750 sq. ft. in size;
• Permanently remove up to 13 cy of coarse aggregate base from Submerged Wetland 1 within an area up to 331 sq. ft. in size;
• Permanently remove up to 23 cy of coarse aggregate base from Wetland 5 within an area up to 562 sq. ft. in size.
The applicant would construct the access road using heavy equipment including an excavator, backhoe, and dump truck.
Compensatory Mitigation Discharges
The applicant would discharge up to 500 cy of spawning gravel below the OHWM of the McKenzie River immediately below the base of the Trail Bridge Dam within an area up to 6,750 sq. ft. in size. The applicant would discharge the gravel from an existing access road in uplands using a conveyor aggregate delivery truck. The applicant would discharge up to 50 loads of gravel containing approximately 10 cy per load during a five-day period. See the Mitigation section below.
Work Timing
The applicant would complete the work for the proposed project during the Oregon Department of Fish and Wildlife (ODFW) approved in-water work period for the McKenzie River (above Leaburg Dam) from July 1 through August 15. The project is expected to take six weeks to complete.
Mitigation: The applicant proposes to avoid and minimize impacts from the project by placing 500 cy of spawning gravel downstream of Trail Bridge Dam below the OHWM of the McKenzie River within an area up to 6,750 sq. ft. in size. 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 Corps will determine the type and amount of compensatory mitigation necessary to offset environmental losses from the proposed project.
Drawings: Seven (7) drawings are attached and labeled Corps No. NWP-2023-659. 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: N/A
Authority: The proposed project will be evaluated under the following:
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 an approved and established aggregate business close to the project area.
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 will not affect any endangered species or designated critical habitat. For this project, the Federal Energy Regulatory Commission (FERC), as the lead Federal agency for ESA consultation completed consultation with NMFS and/or USFWS as required under Section 7 of the ESA. NMFS issued a biological opinion for this project on August 15, 2018. USFWS issued two biological opinions for this project on the following dates: June 4, 2015 and August 1, 2018.
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 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 not adversely affect EFH at the project location or in its vicinity. For this project, FERC, as the lead Federal agency for MSA consultation completed consultation with NMFS as required under Section 305(b)(2) of the MSA. NMFS issued a biological opinion for this project on August 15, 2018.
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 FERC, as the lead Federal agency for determining compliance with Section 106 of the NHPA, has consulted 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. EWEB will follow the Historic Properties Management Plan (HPMP), as part of the 2016 Settlement Agreement, and will follow the inadvertent finds protocol outlined in the HPMP, and will contact the Corps, tribes, and State Historic Preservation Office (SHPO) if artifacts are encountered.
State and Local Authorizations: The applicant has obtained approval from the Linn County Planning Department. The applicant has applied for the following additional governmental authorizations for the project: Removal-Fill Permit from the Department of State Lands (DSL) (DSL No. APP0064902); Clean Water Act Section 401 WQC from the Oregon Department of Environmental Quality.
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
Kirsten 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: March 13, 2024
Written Comments Due: April 12, 2024
Corps of Engineers No: NWP-2023-659
Oregon Department of State Lands No: APP0064902
WHO IS THE APPLICANT: Eugene Water and Electric Board (EWEB)
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.