PUBLIC NOTICE
Application for Permit
Issue Date: November 12, 2024
Expiration Date: December 12, 2024
U.S. Army Corps of Engineers No: NWP-2001-542-6
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: Class Harbor Association, Inc.
Attention: Ms. Gabby Burlacu
3939 N Marine Drive, Slip 18
Portland, OR 97217
Email: Gabby.burlacu@gmail.com
Telephone: (503) 789-6612
Applicant’s Agent: Flowing Solutions
Attention: Mr. Andrew Jansky
3305 SW 87th
Portland, OR 97225
Email: andrew@flowingsolutions.com
Telephone: (503) 297-6211
Location: The project site is located at 3939 N Marine Drive, Portland, Multnomah County, Oregon. The site is in Section 32 AD, Township 2 North, Range 1 East. Latitude and Longitude: 45.615821° North, 122.707108° West.
Waterway: Oregon Slough (Columbia River)
Project Purpose: The applicant’s stated purpose is to remove accumulated sediments to maintain safe navigational access to floating homes, limit grounding of structures during low water levels, and to protect structures from damage caused from grounding.
Project Description: Proposed is a modification to the Class Harbor Maintenance Dredging project, authorized by the Corps on November 24, 2023. The existing authorization allows the removal of up to 19,600 cubic yards (cy) of accumulated sediment from under the existing floating home moorage, and the disposal of up to 19,600 cy of dredged material at a location downstream of the project area, below the ordinary high water mark of the Oregon Slough. Proposed is a new in-water dredged material disposal site. Class Harbor Association, Inc. has proposed to locate the in-water disposal site approximately 300 feet from the authorized disposal location, on the opposite bank of the Oregon Slough. No other modifications are proposed.
The dredged material would be transported to the in-water disposal location utilizing a submerged pipeline that would be located along the bottom of the waterway. The pipeline would be anchored in position at multiple locations and would be clearly marked to identify navigational hazards. The discharge end of the pipe would be attached to an anchored barge or pontoon. Disposed dredged material would not be placed higher than -19 feet Columbia River Datum (CRD).
Floating homes would be temporarily relocated, as needed, to facilitate access to the river bottom. Dredging would be accomplished using a 10-inch to 12-inch cutter head suction dredge to a target depth of -10 feet CRD. A clamshell dredge may be used for areas where there is limited access. The dredge slope is expected to be 3:1 when complete.
The existing Corps authorization is valid for 10 years for maintenance dredging. The authorization includes two dredge events. For each dredge event, up to 9,800 cy of accumulated sediment would be dredged from the project area and disposed downstream. A total of 19,600 cy would be dredged and disposed of over the 10-year period.
Dredged Material Testing: Project sediments 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. For this project, the PSET has determined that sediments in the project area are suitable for unconfined, aquatic disposal and exposure.
The proposed project includes future maintenance dredging. Prior to each maintenance dredging cycle, Class Harbor Association, Inc. is required to coordinate with the Corps and the PSET to determine if additional sediment testing is required.
Mitigation: Class Harbor Association, Inc. 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: Seven (7) drawings are attached and labeled Corps No. NWP-2001-542/6. 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 project has not commenced. The proposed new in-water disposal location was reviewed by the Corps where it was determined the project would not result in an alteration of a federally authorized project. Class Harbor Association, Inc. proposes to avoid and minimize impacts from the project by implementing a pollution control plan, by choosing the type of equipment used and dredging/disposal methods that would have the least environmental impact, implementing best management practices to reduce turbidity, and working during the Oregon Department of Fish and Wildlife preferred in water work window to minimize effects to aquatic species.
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 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 material dredged from the same vicinity of the disposal location.
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.
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: Class Harbor Association, Inc. has applied for the following additional governmental authorizations for the project: Modification to the Removal-Fill Permit from the Department of State Lands (DSL) (DLS No. 64241).
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
Ms. Danielle Erb
P.O. Box 2946
Portland, Oregon 97208-2946
Email: danielle.h.erb@usace.army.mil
Telephone: (503) 808-4368