Joint Public Notice
Application for a Department of the Army Permit, Washington Department of Ecology Water Quality Certification and Oregon Department of Environmental Quality Water Quality Certification
Issue Date: October 2, 2024
Expiration Date: November 1, 2024
U.S. Army Corps of Engineers No: NWP-1999-599-4
30-Day Notice
Interested parties are hereby notified that the U.S. Army Corps of Engineers, Portland District (Corps), the Washington Department of Ecology (Ecology) and the Oregon Department of Environmental Quality (DEQ) have received an application to perform work in waters of the United States as described below and shown on the attached drawings. The Corps, Ecology, and DEQ are soliciting comments on the proposed work.
The Corps will review the work in accordance with Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act. Ecology and DEQ will review the work pursuant to Section 401 of the CWA, with applicable provisions of State water pollution control laws.
The Corps will also review the work in accordance with Section 14 of the Rivers and Harbors Act of 1899, as codified at 33 U.S.C. Section 408 (Section 408), for work that may 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 Columbia River Navigation Channel. The federal navigation channel is authorized to be 27 feet deep (Columbia River Datum) at the proposed work location.
Applicant: Landco, LLC
Attention: Roy Moore
P.O. Box 789
Fairview, OR 97204
Email: roy.moore@themeigroup.com
Telephone: (503) 674-0900
Applicant’s Agent: Landco, LLC
Attention: Luke Frederick
P.O. Box 789
Fairview, OR 97204
Email: luke.frederick@themeigroup.com
Telephone: (503) 674-0900
LOCATION: The work is proposed in the Columbia River between River Mile 118 (45.566576°, -122,450170°) and River Mile 120.5 (45.572960°, -122.396 418°). Dredged material would be taken to an upland aggregate management facility located at North of the intersection of Marine Drive and NW 223rd Avenue, in Fairview, Multnomah County, Oregon. The aggregate management facility is in Section 22, Township 1 North, Range 3 East. Latitude and Longitude: 45.56498 North, 122.42905 West
WATERWAY: Columbia River at River Mile 118 to 120.5.
PROJECT PURPOSE: The Applicant’s stated purpose is to remove sand and gravel from the federal navigation channel within the Columbia River to meet anticipated market demand for commercial and industrial uses.
PROJECT DESCRIPTION: The proposed project is named the Columbia River Navigation Material Removal Project. The Applicant would dredge a maximum of 3,000,000 cubic yards of sand and gravel from within the Columbia River over a 10-year period. The applicant would dredge up to 300,000 cubic yards of material annually within a 90.9-acre section of the Columbia River. The river would be dredged to a maximum depth of -40 feet Columbia River Datum (CRD). The Applicant would use a barge-mounted hydraulic dredge with an 18-inch diameter suction draghead. Dredged material would be pumped through a submerged, 18-inch diameter pipeline to the upland aggregate management facility. Once the dredged material is dewatered, the filtered water would be discharged back into the Columbia River through a 36-inch diameter spillway. The return water would be pumped through a pipeline that outfalls below the river surface or onto riprap where it would flow into the river.
DREDGED MATERIAL TESTING: Project sediments (i.e., proposed sand and gravel dredged material) were 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 determines the need for sediment testing based on the physical properties of dredged material, historical sediment quality data from the project and adjacent areas, current and historical land uses in and adjacent to the project area, and proximity of the project area to contaminant sources. The PSET has determined that no further testing or evaluation of the project sediments is necessary and that the project sediments are suitable for unconfined, aquatic disposal and exposure.
MITIGATION: The applicant proposes to avoid and minimize impacts from the project by implementing a pollution and erosion control plan, deploying a spill containment response protocol if needed, and conducting work during the approved in-water work window of November 1 to February 28. All dredged material would be disposed in uplands and contained within an isolated containment berm with a settling pond for treatment of return water. During dredging, the draghead would be maintained in the substrate and will not be raised more than 3 feet above the river bottom when the dredge pumps are running to prevent entrainment of fish. 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 as applicable.
DRAWINGS: Five (5) drawings are attached and labeled Corps No. NWP-1999-599-4. 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 work would be conducted over a 10-year period.
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 discharged dredged material would be return water from the upland aggregate management/disposal facility.
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 will initiate 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 will initiate 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 the permit area is likely to yield resources eligible for inclusion in the National Register of Historic Places. An investigation for the presence of potentially eligible historic properties is justified and may be required prior to the Corps’ final permit decision.
This notice has been provided to the Oregon State Historic Preservation Office, Washington State Department of Archaeology and Historic Preservation, 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.
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 proposed work requires a water quality certification decision from the Washington Department of Ecology and the Oregon Department of Environmental Quality (DEQ). This joint public notice serves as Ecology’s public notice. DEQ’s public notice is attached.
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 – CORPS: The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed 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 proposal, 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, considerations 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.
EVALUATION – ECOLOGY and OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ): Ecology and DEQ are soliciting comments from the public; Federal, Native American Tribes, State, and local agencies and officials; and other interested parties in order to consider and evaluate the impacts of this activity. Ecology and DEQ will be considering all comments to determine whether to certify or deny a Section 401 Water Quality Certification for the proposed project.
STATE AND LOCAL AUTHORIZATIONS: The proposed work may be subject to a Shoreline Permit, Hydraulic Project Approval and Aquatic Use Authorization for activities in Washington and a Removal-Fill Permit for activities in Oregon.
COMMENT AND REVIEW PERIOD: Conventional mail or email comments on this public notice will be accepted and made part of the record and will be considered in determining whether authorizing the work would not be contrary to the public interest. In order to be accepted, email comments must originate from the author’s email account and must include on the subject line of the email message the permit applicant’s name and Corps reference number as shown on page one. Either conventional mail or email comments must include the permit applicant’s name and reference number, and the commenter’s name, address, and phone number. All comments whether conventional mail or email must reach this office, no later than the expiration date of this public notice to ensure consideration.
CORPS COMMENTS: All email comments should be sent to kayla.a.woods@usace.army.mil. Conventional mail comments should be sent to: U.S. Army Corps of Engineers, Regulatory Branch, Attention: Kayla Woods, P.O. Box 2946, Portland, OR 97208-2946. Additional information about the proposed project may be obtained from the Corps Project Manager listed above. 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.
ECOLOGY COMMENTS: Any person desiring to present views on the project pertaining to a request for water quality certification under Section 401 of the CWA may do so by submitting written comments to the following address: Washington State Department of Ecology, Attention: Federal Permit Coordinator, Post Office Box 47600, Olympia, Washington, 98504-7600, or email to ecyrefedpermits@ecy.wa.gov.
DEQ COMMENTS: See the attached DEQ public notice for how to submit comments.
PUBLIC NOTICE
Oregon Department of Environmental Quality (DEQ)
Water Quality 401 Certification
Notice Issued: October 2, 2024
Written Comments Due: November 1, 2024
Corps of Engineers No: NWP-1999-599-1
Oregon Department of State Lands No: Unknown
WHO IS THE APPLICANT: Landco, LLC
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.