PUBLIC NOTICE for Permit Application
Issue Date: November 22, 2013
Expiration Date: December 23, 2013
30-Day Notice US Army Corps of Engineers No: NWP-2000-1067-3
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, debra.j.henry@usace.army.mil
P.O. Box 2946
Portland, OR 97208-2946
Applicant: Port of Toledo, P.O. Box 428, 496 NE Hwy 20, Unit 1, Toledo, OR 97391
Location: The project is located at the Port of Toledo (Fred Wahl Marine Boatyard and boat haul out pier combined projects), Lincoln County on the Yaquina River at river mile 12.3, Toledo, Lincoln County, Oregon, (Section 18, Township 11 South, Range 10 West).
Waterway: Yaquina River
Project Description: The Port proposes to dredge approximately 3,000 cubic yards of sediment from under the existing boatyard dock and dry-dock area in the Yaquina River. The sediment to be removed is located in the sub tidal zone. The contractor would use a combination of long reach excavator and clamshell dredge to remove the shallow sediment material and wood debris within the dredge prism. The sediment to be removed would include copper and tributyltin at concentrations which exceeds DEQ ecological screening levels. Water-tight trucks would be used to transport the saturated sediment. The Port proposes disposal of the contaminated soils in a DEQ/Corps/NMFS approved upland site both temporarily and permanently. The material would be placed in a berm created to hold the spoil while it dewaters then it would be hauled to an approved upland location. Dredging would take place from August 15 to September 15 and would take approximately four weeks. Erosion and sediment control measures consist of silt fencing around the project. Inlet protection and straw wattles would be placed on any adjacent slopes exceeding 10%.
Additionally, the Port proposes to construct a build out project to update the facilities both in-water and upland on their property. The in-water work for the build-out will be done in a series of steps. First, the 14 existing pressure treated timber fender piles at the service pier will be removed and replaced with 16 steel piles. This will include two steel piles replacing the steel floating dock piles that are damaged. Second, the existing dry dock will be relocated to the service pier so that the dry dock may still be used during the remaining build-out improvements. This will allow the boatyard to continue operations during construction. The third step will be to remove the existing east pier, piling and floating dock. Then the fourth step will be to place the piling for the new mobile haul-out pier. Step five will be building the pier for the new 300T capacity mobile haul out. The dry dock will be removed and taken out of service after improvements have been completed. All treated timber piles and other debris will be removed from the site and disposed of at an appropriate upland facility. Piles will be removed using vibratory methods and barge mounted equipment. Any timber piles that break during removal will be cut two feet below the mud line. Turbidity in the waterway will be monitored 100 feet upstream and downstream from the project area. This work will be conducted during the Oregon Department of Fish and Wildlife Service preferred in-water work window of November 1 to February 15.
Mitigation: 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: This is a consent judgment case #104629C State of Oregon/Port of Toledo mandated a clean-up of the former Fred Wahl Marine boatyard. The port has proposed a cleanup dredging plan as described in ART Sediment Characterization Report and dredge prism which was accepted by DEQ. Proposed volume is estimated at a maximum of 3,000 cubic yards with the average depth to hard material of 2 feet. The dredging extent would be confirmed by bedrock surface. The purpose of the second phase of the project is to update the Port’s facility within the boatyard to accommodate maintenance of fishing vessels.
Drawings: Nineteen (19) drawings are attached and labeled Corp No. NWP-2000-1067-3 enclosure.
Additional Information: Additional information may be obtained from Debra Henry, Project Manager, U.S. Army Corps of Engineers at 503-808-4391 or email: debra.j.henry@usace.army.mil.
Authority: This permit would 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.
Section 404(b)(1) Evaluation: The impact of the activity on the public interest would 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) would be initiated. A permit for the proposed activity would not be issued until the consultation process is completed.
Cultural Resources: 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 above in this notice) to assist in a complete evaluation of potential effects.
Evaluation: The decision whether to issue a permit would be based on an evaluation of the probable impact including cumulative impacts of the described activity on the public interest. That decision would 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 would 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 would 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.