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Posted: 3/14/2017

Expiration date: 4/6/2017

Application for Permit

Issue Date: March 7, 2017
Expiration Date: April 6, 2017
US Army Corps of Engineers No: NWP-2013-233/1
30-Day Notice Oregon Department of State Lands No: 59819-RF

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 plans. The Corps is soliciting comments on the proposed work.


Applicant: Port of Portland
Attention: Vince Granato, Chief Operating Officer 
c/o Kristine Shigley
Box 3529
Portland, OR 97208
Email: Kristine.Shigley@portofportland.com
Telephone: (503) 415-6142

Applicant’s Agent: Port of Portland 
Attention: Maureen Minister, Natural Resources Manager
Box 3529
Portland, OR 97208
Email: Maureen.Minister@portofportland.com
Telephone: 503-415-6682

Location: The project site is located at southern end of Runway 3-21, within the airport perimeter fence, at the Portland International Airport (PDX), Portland, Oregon. The site is in Section 7, Township 1 North, Range 2 East. 

Latitude and Longitude: 45.58 North, 122.62 West

Waterway: Four wetlands, Wetlands B (0.97 acre), Wetland C (5.76 acres), Wetland D (0.84 acre), and Wetland E (0.08 acre) and a ditch (100 linear feet that continues offsite upstream and downstream from the proposed project area) were delineated within the Runway 3-21 Runway Safety Area (RSA) project area. All four wetlands classified as palustrine emergent wetlands under the U.S. Fish and Wildlife Service’s Classification of Wetlands and Deepwater Habitats of the United States. All four of these wetlands appear to have developed on the sides of gentle slopes and are classified as slope/flats wetlands under the hydrogeomorphic classification system. Wetlands B, D, and E all appear to have developed in topographically low areas of the airfield. Wetland C is quite similar to these areas but contains a slightly depressional swale that flows from the southwestern corner to the northwestern corner of the wetland, where it outfalls to a catch basin. The catch basins in this area convey stormwater to the ditch located south of the project area, which eventually drains to the Columbia Slough. The wetland boundaries shown on the project drawings have not yet been verified by the Corps. If the Corps determines the boundaries of the wetland/waters are substantially inaccurate a new public notice may be published.

Project Purpose: The purpose is to improve stormwater drainage; to prevent flooding at the south end of Runway 3-21 at PDX; and to comply with Federal Aviation Administration (FAA) safety criteria for airport runway design and operations. 

Project Description: The proposed project would place approximately 7,920 cubic yards of fill in approximately 6.68 acres of wetlands, and approximately 1.2 cubic yards of fill in approximately 4 linear feet of ditch to improve stormwater drainage and to prevent flooding at the south end of Runway 3-21 at PDX. A total of approximately 14,500 cubic yards of material would be brought into the project area to fill the wetlands and surrounding uplands in the proposed project area. This project would permanently improve grading and stormwater drainage to eliminate ponding and remove all wetlands from the RSA and surrounding infield area and prevent the wetlands from re-forming in the future. The project would include the following components:

1. Improve the stormwater infrastructure in and adjacent to the RSA of Runway 3-21, including installation of larger stormwater lines, new catch basins, pump lift station, and outfall.
2. Fill and re-grade the RSA and surrounding infield area on the south end of Runway 3-21. This includes filling of Wetlands C, D, E; and the grading of Wetlands B, C, D, and E in the project area.
3. Raise a section of Perimeter Road directly south of Runway 3-21, which has consistently flooded in the past.

Work within the wetlands would include replacing the existing 24-inch pipes that are located within Wetland C with new 48-inch pipes. Construction activities would include excavating a trench and placing the new pipe. Native backfill from the project excavation would be used. The existing pipe would be left in place and filled with concrete. The new pipes would either be high density polyethylene (HDPE) or reinforced concrete (to be determined by the contractor). Wetlands C, D, and E would be filled and graded, which would disturb the entire surface of these wetlands. Wetland B would not be filled, however, a small amount of material would be removed from Wetland B. Once filled, the proposed project area would be graded to direct stormwater runoff to the catch basin locations. This would raise the final ground elevation above the current water level in the slough and above the existing groundwater table. The existing stormwater pipe under Wetlands D and E would not be altered; however, the catch basins that this pipe flows into would be adjusted in accordance with the new site elevation. 

Two existing 24-inch stormwater lines are located in the project area. These stormwater lines would either be abandoned in place or removed (to be determined during construction). The main line through the RSA would be replaced with a 48-inch stormwater line to the south of the existing line, between 25 and 100 feet away. New catch basins and 12-inch pipes connecting to the 48-inch line would be installed along with new manholes. The 48-inch line would connect to another new line that would tie into a new pump lift station that would be constructed with this project. The pump station would contain four pumps: one low-flow pump and three high-flow pumps to handle larger storm events. Only two of the high-flow pumps would be operated at a time during an event; the third pump would be used as backup. From the pump station would be two lines: a 12-inch line associated with the low-flow pump and 30-inch line associated with the high-flow pump. These lines would connect to the receiving ditch where one new 4 x 8–foot concrete outfall structure would be constructed 25 feet south of the existing outfall. The new outfall would be placed outside of the PDX perimeter fence approximately 10 feet from the water’s edge. A riprap pad would be placed around the new outfall structure, and continue down below the ordinary high water mark (OHWM) of the ditch, to protect against erosion. The outfall would be placed at approximately 7.0 feet (NAVD88); the rip-rap would go from the edge of the outfall down to an elevation of approximately 5.5 feet which is a foot below the OHWM. The existing outfall would be decommissioned and left in place.

A 680-foot section of Perimeter Road would also be rebuilt in the project area. A 450-foot stretch of this section would be raised 1 foot above the current grade; the remaining 230 feet would transition at each end of the roadway back into the existing grade. Although the elevation of the road would increase, the location and the width would remain the same resulting in no change in the amount of impervious surface. Base material (1 inch gravel from a commercial quarry) would be brought in to raise the grade of the road and then 6 inches of asphalt would be laid down to complete the roadway. Prior to the start of construction sediment fence would be installed along the security fence that runs between the ditch and the proposed construction. The section of old road would be removed with a milling machine and disposed of off Port property.

Mitigation: 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.

Drawings: Nine (9) drawings are attached and labeled Corps No. NWP-2013-233/1. 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 website at http://www.nwp.usace.army.mil/ and select Regulatory Branch Permit Information. At the Regulatory page select Regulatory Public Notices.

Additional Information: The Federal Aviation Administration (FAA) is the lead Federal agency for this project.

The proposed project will be evaluated under the following:
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 clean fill from on-site.

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. Attached is the state's notice for a water quality certification.

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 will not affect any endangered species or designated critical habitat. Consultation under Section 7 of the ESA is not required for the described activity. The Corps will make a final determination on the need to consult after receipt of comments from this public notice including any comments provided by the NMFS and/or USFWS.

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 not adversely affect EFH at the project location or in its vicinity. The Corps will make a final determination on the need to consult on EFH after receipt of comments from this public notice including any comments provided by the NMFS.

Historic Properties/Cultural Resources: Section 106 of the National Historic Preservation Act (NHPA) of 1966, as amended (16 U.S.C. 470), 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. For this project, the Federal Aviation Administration (FAA), as the lead Federal agency for compliance with Section 106 of the NHPA, will consult with the appropriate State and/or Tribal Historic Preservation Officer as applicable. The Corps will review FAA’s compliance with NHPA as part of the review process, and include that documentation in the project file. 

This notice has been provided to the State Historic Preservation Office (SHPO), 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 FAA project manager identified below to assist in a complete evaluation of potential effects.

Sean Callahan
Federal Aviation Administration
1601 Lind Avenue, S.W., Suite 250
Renton, WA 98057-3356
(425) 227-2629

State and Local Authorizations: The applicant will be applying for the following additional governmental authorizations for the project: Notice of Proposed Construction or Alteration, Federal Aviation Administration; 401 Water Quality Certification, Oregon Department of Environmental Quality; Removal/Fill Permit, Oregon Department of State Lands; Land Use Permit and Site Development Permit, City of Portland.

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 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 the proposed project. Comments received will be considered by the Corps to determine whether to issue, modify, condition or deny a permit for this proposal. 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.

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. Please reference Corps No. NWP-2013-233/1. Comments should be submitted to the following mailing address or email address:

U.S. Army Corps of Engineers
Regulatory Branch
Margaret Chang 
P.O. 2946
Portland, Oregon 97208-2946
Email: Margaret.Chang@usace.army.mil
Telephone: (503) 808-4041

Oregon Department of Environmental Quality (DEQ)
Water Quality 401 Certification

Notice Issued: March 7, 2017
Written Comments Due: April 6, 2017

Corps of Engineers No: NWP-2013-233/1
Oregon Department of State Lands No: 59819-RF

WHO IS THE APPLICANT: Port of Portland
Attention: Vince Granato, Chief Operating Officer 
c/o Kristine Shigley
Box 3529
Portland, OR 97208
Email: Kristine.Shigley@portofportland.com
Telephone: (503) 415-6142

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.

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 Certification 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) 229-5263.

Any questions on the water quality certification process may be addressed to the 401 Program Coordinator at (503) 229-6030 or toll free within Oregon at (800) 452-4011. People with hearing impairments may call the Oregon Telecommunications Relay Service at 1-800-735-2900.

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.” 

Written comments: Written comments on project elements related to water quality must be received at the Oregon Department of Environmental Quality by 5 p.m. on the date specified in the upper right section on page one of this notice. Written comments may be emailed, mailed or faxed as described below: 

Email - 401publiccomments@deq.state.or.us

Mail - Oregon Department of Environmental Quality, Northwest Region
700 NE Multnomah Street, Suite 600
Portland, Oregon 97232 
Attn: 401 Water Quality Certification Coordinator 

Fax - (503) 229-6957

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.

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