PUBLIC NOTICE
Application for Permit
Issue Date: September 24, 2024
Expiration Date: October 24, 2024
U.S. Army Corps of Engineers No.: NWP-2023-407
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: Federal Highway Administration
Federal Lands Highway Division
Attention: Jennifer Chariarse
610 East Fifth Street
Vancouver, WA 9866
Email: jennifer.chariarse@dot.gov
Telephone: (360) 619-7621
Location: The project site is located at Crater Lake National Park (Park) on the north rim of Crater Lake south of Rim Drive in waters below the east-west expanse of the Cleetwood Trail and marina in Crater Lake, Klamath County, Oregon. The site is in Section 14, Township 30 South, Range 5 East. Latitude and Longitude: 42.976370° North, 122.088386° West
Waterway: Crater Lake. The location of the ordinary high water mark (OHWM) shown on the project drawings have 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 public access to Crater Lake.
Project Description: The applicant proposes to improve and repair public access infrastructure associated with the Cleetwood Cove Trail which provides public access to the shoreline of Crater Lake and the boat tour marina facility. Specifically, the applicant proposes to complete the following work:
The applicant would resurface the 1.1 mile-long trail which extends from the trailhead down to the lakeshore with 4 to 6 inches of crushed gravel aggregate to create a new walking surface. The proposed trail resurface would not require the discharge of fill material into Crater Lake.
The applicant would replace the existing composting toilet on the shoreline of Crater Lake with three vault toilets. Wastewater from the vault toilets would be hauled out of the caldera that forms Crater Lake and disposed of in the Park’s treatment system to reduce potential water quality impacts. The reconstruction of the trail and the replacement of the composting toilet would not result in impacts below the OHWM of Crater Lake.
The applicant would perform rock scaling at high risk locations in the vicinity of the Cleetwood Cove Trail. The applicant would dislodge and remove rock using hand tools and small-scale motorized equipment operating from the trail so that hanging rock no longer poses a safety concern. The applicant estimates that up to 8,500 cubic yards (cy) of rock would fall and land below the OHWM of Crater Lake. The applicant estimates that the proposed rock scaling would permanently impact an area measuring approximately 1.67 acres below the OHWM of Crater Lake.
The applicant would remove an existing, undermined bulkhead stabilizing the marina shoreline using small scale excavator operating from the trail. The applicant proposes to discharge 565 cy of rock, gravel, and precast concrete eco blocks (recycled from the existing bulkhead) below the OHWM of Crater Lake to construct a new 100-linear-foot, 3.5-foot-wide, by 15-foot-high bulkhead with riprap revetment in place of the undermined bulkhead. The construction of a new bulkhead and riprap revetment would permanently impact an area measuring up to 0.12 acre below the OHWM of Crater Lake.
The applicant would excavate 30 cy of lakebed sediment and would permanently discharge up to 20 cy of fill material consisting of riprap material within an area measuring approximately 415 square feet (sq. ft.) below the OHWM of Crater Lake to construct a 10-foot-wide by 60-foot-long, pile-supported, aluminum pedestrian access pier perpendicular to the shoreline extending into Crater Lake.
The applicant would excavate 3 cy of sediment within an area measuring approximately 6 sq. ft. below the OHWM of Crater Lake to construct an L-shape, aluminum dock over Crater Lake. The dock would consist of an 81-foot-long by 4.95-foot-wide aluminum grated gangway constructed perpendicular to the shoreline leading to a 20-foot-wide by 20.35-foot-long landing connected to a 10-foot-wide by 82-foot-long aluminum floating dock constructed parallel to the shoreline.
Mitigation: 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: Nine (9) drawings are attached and labeled Corps No. NWP-2023-407. 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 applicant proposes to minimize impacts from the project by using the minimum amount of rock scaling necessary to reasonably reduce the risk of falling rocks on the Cleetwood Trail; performing the rock scaling by hand to minimize the potential effects to the surrounding environment; using steel micro-pilings to support the proposed docking structures to minimize the impact of the piling installation; and by utilizing environmental best management practices to control turbidity, minimize spill risk, and contain any inadvertent spills during construction.
Authority: The proposed project will be evaluated under the following:
Section 404 of the Clean Water Act (33 U.S.C. 1344) for the 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 U.S. Environmental Protection Agency (EPA). The EPA’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 would not affect any endangered species or designated critical habitat. For this project, the National Park Service, as the lead Federal agency for ESA consultation completed consultation with USFWS as required under Section 7 of the ESA. The USFWS issued a biological opinion for this project on January 24, 2023. The National Park Service determined the proposed project would have no effect on any species or associated designated critical habitat under NMFS purview. Thus, no further consultation is required with NMFS.
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 not adversely affect EFH at the project location or in its vicinity. The Corps will make a final determination on the need to consult on EFH after receipt of comments from this public notice including any comments provided by the NMFS.
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 (NRHP). A historic property investigation has been conducted within the permit area. No sites determined eligible for or listed on the NRHP were found to exist within the permit area. For this project, the National Park Service, as the lead Federal agency for determining compliance with Section 106 of the NHPA, consulted with the appropriate State and/or Tribal Historic Preservation Officer as applicable. By letter dated October 14, 2022, the Oregon State Historic Preservation Officer concurred with the National Park Service that the proposed project is not likely to adversely affect historic properties. The Corps concurs with this determination.
State and Local Authorizations: 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. 64887RF).
Additional Information: The applicant proposed the following measures to minimize the potential impacts which may result from the proposed project. The applicant designed the ground-disturbing activities to the minimum necessary to complete the proposed work. The applicant proposes the minimum amount of rock scaling necessary to reasonably reduce the risk of falling rocks on the Cleetwood Trail. The applicant proposes to perform the rock scaling by hand to minimize the potential effects to the surrounding environment. The applicant proposes to use steel micro-piles to support the proposed docking structures to minimize the impact of the piling installation. The applicant would utilize best management practices to control turbidity, minimize spill risk, and contain any inadvertent spills.
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
James Davidson
P.O. Box 2946
Portland, Oregon 97208-2946
Email: james.e.davidson2@usace.army.mil
Telephone: (850) 496-3906
PUBLIC NOTICE
Environmental Protection Agency Region 10
Water Quality 401 Certification
Notice Issued: September 24, 2024
Written Comments Due: October 24, 2024
CORPS OF ENGINEERS IDENTIFIER: NWP-2023-407
PROJECT NAME: Cleetwood Trail and Marina Improvements
WHO IS THE APPLICANT: U.S. Federal Highway Administration Western Federal Lands Highway Division
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(a)(1) of the Clean Water Act (CWA) requires applicants for federal permits and licenses that may result in discharges into waters of the United States to obtain certification that the discharge will comply with applicable provisions of the CWA. Where no state agency or Tribe has authority to give such certification, the EPA is the certifying authority.
DESCRIPTION OF DISCHARGES: See attached U.S. Army Corps of Engineers public notice on the proposed project.
WHERE TO FIND DOCUMENTS: A copy of the application can be made available upon request by using the contact information on this page.
HOW TO COMMENT: Written comments must be received by 5:00pm on the date specified in the upper right section on page one of this notice. Comments may be submitted electronically to R10-401-Certs@epa.gov.
If you are unable to submit electronically, or if you need other assistance, please contact Jeff Brittain at 206-553-0532.
Do not submit any information you consider to be Confidential Business Information. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make.