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 May 15, 2012
Expiration date: 6/19/2012

PUBLIC NOTICE for Permit Application

                        Issue Date: May 15, 2012

                                    Expiration Date: June 19, 2012

                                    US Army Corps of Engineers No:   NWP-2001-97

30-Day Notice                                                Oregon Department of State Lands No: RP-4855



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

                        Debra Henry,

                        P.O. Box 2946

                        Portland, OR  97208-2946


Applicant:       Leland and Joyce Phelps Trustees

                        3754 47th Ave. NE

                        Salem, OR 97305


Location: The project is located in the Alsea River, River Mile 4.5 on the south bank, Section 27, Township 13 South, Range 11 West, east of Waldport, Lincoln Co., Ore.


Waterway: Alsea River (river mile 4.5)

Project Description: The project involves removing a maximum of approximately 499 cubic yards of material per year, for the next 5 years.  Accumulated sediment will be removed using a mechanical closed clamshell bucket or backhoe.  Dredging will occur to a maximum depth of -6 feet 4 inches NVGD.  The dimension of the dredging area is approximately 285 feet long by 60 feet wide.  All material will be trucked to a contained upland disposal site located 250 feet from the dredge location.  The disposal location measures approximately 30 feet wide by 60 feet long and 10 feet deep.  There is an existing earthen berm immediately west of the edge of the disposal site.  All return water will be contained in the upland disposal site.


Mitigation: If a permit is issued, the Corps will determine the appropriate and practicable compensatory mitigation.  The amount of compensatory mitigation required shall be commensurate with the anticipated impacts of the project.

Purpose: To conduct maintenance dredging to allow continued use and access to the existing marina and public boat launch.


Drawings:  Four drawings are attached and labeled Corp No.: NWP-2001-97.


Additional Information:  Additional information may be obtained from Debra Henry, Project Manager, U.S. Army Corps of Engineers at 503-808-4391 or email



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.


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:  An initial evaluation of the proposed project area indicates that 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. 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.


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.