Permit Application Public Notices

The United States Congress authorizes the U.S. Army Corps of Engineers to regulate activities that may impact wetlands and waters of the United States. This authority is granted and defined under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Federal Water Pollution Control Act Amendments of 1972, also known as the Clean Water Act.

Public involvement is a key element of the Corps’ permit review process. During an application review, the Corps considers the views of other federal, state and local agencies, Native American tribes, interest groups, and the general public. The results of this careful public interest review are fair and equitable decisions that allow reasonable use of private property, infrastructure development, and growth of the economy, while offsetting the authorized impacts to the waters of the United States.

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Published March 6, 2012
Expiration date: 6/22/2012

PUBLIC NOTICE for Permit Application


                        Issue Date:  March 6, 2012

                                    Expiration Date:  March 21, 2012

                                    US Army Corps of Engineers No:  NWP-2007-195

15-Day Notice                                                          Oregon Department of State Lands No:  38647



Interested parties are hereby notified that an application has been received for a Department of the Army permit for certain work in waters of the United States, as described below and shown on the attached plan.


Comments:  Comments on the described work should reference the U.S. Army Corps of Engineers  number shown above and reach this office no later than the above expiration date of this Public Notice to become part of the record and be considered in the decision.  Comments should be mailed to the following address:


                        U.S. Army Corps of Engineers

                        James Holm,

                        P.O. Box 2946

                        Portland, OR  97208-2946


Applicant:  Vigor Industrial Inc., Attn: Gene Caudill, 5555 N. Channel Ave., Portland, OR 97217


Location:  The project is located in the dry dock No. 1 basin and the dry dock No. 3 basin, within the Portland Shipyard area of the Swan Island lagoon, at river mile 8.2 of the Willamette River, at Vigor Industrial Inc. property at 5555 N. Channel Avenue, in Portland, Multnomah County, Oregon (Section 17, Township 1 North, Range 1 East).


Waterway:  Willamette River (River Mile 8.2)

Project Description:  The initial public notice was first issued in June 2007 for dredging 1,110 cubic yards of sediment from 0.19 acre in the old dry dock basin No. 3. 


A second public notice was issued in February 2008.  The project proponent subsequently moved the dry dock into this area without the need to dredge.  It was then determined that the dry dock No.1 basin required dredging.  Approximately 90,000 cy of material were proposed for removal from an area 300 feet wide by 600 feet long.  Material would be removed to -60 feet Columbia River Datum using a cable arm bucket and placed on a contained flat deck barge.  Return water from the dredged material would be discharged back into the Willamette River.  Dredged material would be disposed of an approved Subtitle D landfill.


The project proponent has subsequently modified the proposed project in 2011 to address contamination concerns and operational needs at both dry docks.  This revised public notice describes the revised proposed work.



The project proponent proposes dredging a total of approximately 129,000 cy from the dry docks.  Within dry dock No. 1, a total of 2,800 cy of material will be dredged to a depth of -57 feet CRD.  Within dry dock No.3, a total of 126,000 cy of material will be dredged to a depth of -67 feet CRD.  Each dry dock will be over-dredged by approximately 24 inches to allow the placement of six to 12 inches of clean sand as an initial cover of post-dredge surface material.  Approximately 1,200 cy of sand will be placed at dry dock No. 1 and approximately 30,000 cy of sand will be placed at dry dock No. 3.  Sand cover material may be sourced from existing contractors for dredging activities in the Columbia River federal navigation channel or other permitted dredging operations in the Columbia River.  Both the dredging and sand cover activities are proposed under low flow conditions between July 1 and October 31.


Mitigation:  The applicant has not provided a proposed compensatory mitigation plan for the proposed project.  If a permit is issued, the Corps will determine what is appropriate and practicable compensatory mitigation.  The amount of compensatory mitigation required shall be commensurate with the anticipated impacts of the project.

Purpose:  Maintenance dredging of existing berths.


Drawing(s):  Seven drawings are attached and labeled Corps No. NWP-2007-195.


Additional Information:  Additional information may be obtained from James Holm, Project Manager and Team Lead, U.S. Army Corps of Engineers at 503-808-4385 or by email at


Authority:  This permit will be issued or denied 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.


Water Quality Certification:  A permit for the described work will not be issued until certification, as required under Section 401 of the Clean Water Act (P.L. 95-217), has been received or is waived from the certifying state.  Attached is the state's notice advertising the request for certification.


Section 404(b)(1) Evaluation:  The impact of the activity on the public interest will be evaluated in accordance with the Environmental Protection Agency guidelines pursuant to Section 404(b)(1) of the Clean Water Act.


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.


Endangered Species:  Preliminary determinations indicate that the described activity may affect an endangered or threatened species or its critical habitat.  Consultation under Section 7 of the Endangered Species Act of 1973 (87 Stat. 844) will be initiated.  A permit for the proposed activity will not be issued until the consultation process is completed.


Cultural Resources:  There are no recorded historic properties within the permit area.  The permit area has been so extensively modified by modern development that little likelihood exists for the proposed project to affect an undisturbed historic property or any other type of cultural resource.  This notice has been provided to the State Historic Preservation Office, interested Native American Indian 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 on page 1 of this notice) to assist in a complete evaluation of potential affects.


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 described activity 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; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this 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.


Additional Requirements:  State law requires that leases, easements, or permits be obtained for certain works or activity in the described waters.  These State requirements must be met where applicable, and a Department of the Army permit must be obtained before any work within the applicable Statutory Authority previously indicated may be accomplished.  Other local governmental agencies may also have ordinances or requirements, which must be satisfied before the work is accomplished.