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Posted: 4/4/2017

Expiration date: 5/3/2017

Application for Permit

Issue Date: April 3, 2017
Expiration Date: May 3, 2017
US Army Corps of Engineers No: NWP-2013-338/2
30-Day Notice Oregon Department of State Lands No: 54892-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.

Portland General Electric
Attention: Christopher Bozzini
121 SW Salmon Street, 3WTC0403
Portland, Oregon 97204
Email: Chris.Bozzini@pgn.com
Telephone: (503) 464-7853

Applicant’s Agent: Inter-Fluve, Inc. 
Attention: Colin Maclaren
501 Portway Avenue, Suite 101
Hood River, Oregon 97031
Email: cmaclaren@interfluve.com
Telephone: (541) 386-9003

Location: The project is located in wetlands adjacent to the Willamette River at 12500 NW Marina Way in Portland, Multnomah, Oregon. The site is in Section 34, Township 2 North Range 1 West. (Lat: 45.6149° / Long: -122.797°)

The project is located in wetlands adjacent to the Willamette River. The wetland boundaries and/or location of the ordinary high water mark 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 applicant’s stated purpose is to restore and improve seasonally available off-channel aquatic and riparian habitat for fish and wildlife. The proposed restoration is intended to restore and enhance habitat for species that were potentially injured by historic damages to the Portland Harbor using the Portland Harbor Natural Resource Damage Assessment (NRDA) process.

Project Description: The proposed project is the Portland General Electric (PGE) Harborton Restoration Project located on the 74-acre Harborton Substation property. The property currently contains approximately 17.7 acres of wetlands within the property. The proposed restoration is intended to restore and enhance habitat for species that were potentially injured by historic damages to the Portland Harbor using the Portland Harbor Natural Resource Damage Assessment (NRDA) process.

The work in Sub-Area 1 would consist of the following:
• An existing crushed culvert would be removed and replaced with an appropriately sized, open bottom, arch-style culvert that complies with Oregon Department of Fish and Wildlife (ODFW) fish passage design criteria. The culvert replacement would entail removing approximately 60 cubic yards of overburden soil below the ordinary high water line (OHWL).
• Portions of the tributary banks would be graded to a 2 horizontal (H) to 1 vertical (V) or shallower slope. Approximately 2,000 cy of soil excavation would be associated with this activity, approximately 450 cubic yards (cy) of which would occur below the ordinary high water line. Approximately 450 cy of streambed materials would be imported and placed in select locations of the channel bottom to restore and stabilize the new stream channel. The stream currently measures 1,135 linear feet.
• Excavation of up to 1,800 cy of soil across an area of approximately 45,300 square feet and associated vegetation. Material will be excavated to less than 1 foot to remove the existing reed canary grass root mass. All excavated material would be moved to the permanent soil placement area in Sub-Area 2 located in uplands.
• Placement of 430 cy of fill material over 0.03 acres in Wetland A to extend the base of the southernmost transmission line tower to allow maintenance vehicle access.

No work in Sub-Area 2 would be located below the ordinary high water line or in wetlands. A large area of Sub-Area 2 would be used for permanent upland placement of all excavated soil (fill and native soil) that will result from restoration activates. Approximately 165,000 cy will be placed on approximately 11 acres of upland area. Following permanent placement, the soil will be vegetated will be vegetated using a mix of native riparian and upland grass, shrub, and tree species.

The work in Sub-Area 3 and 4 would consist of the following:
• Excavate approximately 165,000 cy of soil in Sub-Area 3 and Sub-Area 4 to create a new 1,801 foot long, low gradient, meandering stream channel to connect interior wetlands of Sub-Area 4 to the Willamette River. The ‘valley’ walls extending from the outer edge of the created floodplain up to the top elevations will be 5:1. The channel itself will have a bottom width of 3-feet and a depth of 1-foot with banks sloped at 3:1. The floodplain between the channel and toe of the valley walls will be relatively flat. The associated wetland terrace will be approximately 200-feet wide. The work will temporarily impact 3.19 acres of Wetland C for enhancement purposes and permanently impact 2.13 acres of Wetland C. Wetland D (0.16 acre) and Wetland E (0.25) will likely be lost as Wetland C is excavated down. 
• Placement of riprap along 1,801 feet of created stream.
• Excavation of up to 16,000 cy of sod over 43,500 square feet to a depth of 12 inches of less to remove seed sources.
• Large woody debris (LWD) would be incorporated into the channel created in Sub-Area 3 using large trees removed during onsite excavation. Large rock would be bolted to LWD for anchoring.
• An engineered log jam would be constructed at the upstream end of the new channel between Sub-Area 3 and 4 to stabilize the new channel inlet. 

In total, restoration of the site would result in temporary impacts to 4.23 acres of wetland and permanent loss of up to 2.57 acres of wetland from excavation, fill, and draw down. Losses will be compensated for by creating 3.27 acres of new wetland, enhancement of 4.23 acres of wetland, and 0.87 acre of new channel habitat. The site will be planted and seeded with native species to enhance wetland and riparian habitats and to control native species.

Following construction, up to an additional 100 cy of soil, wood, or rock fill may be added to adaptively manage the site for scour, erosion, or hydrology performance. The fill area is not proposed to exceed 0.1 acre. Currently fill material is being considered from the Knife River quarry within five miles of the project site.

Project construction is expected to take place during the dry season to minimize erosion and sedimentation issues. Culvert work and removal of the external levee will take place during the in-water work window for the Willamette River (July 1 - October 31). However, activities outside of aquatic habitats supporting listed species, including major earthwork, are not constrained by the in-water work window and could start as soon as all permits are obtained.

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 a portion of sediments are suitable for unconfined, aquatic disposal and that a portion of sediments are unsuitable for unconfined, aquatic disposal. 

The onsite fill material is not suitable for unconfined, aquatic placement and will be disposed of on uplands at the project site. The native sediments to be exposed are suitable for aquatic exposure.

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. and amount of compensatory mitigation necessary to offset environmental losses from the proposed project.

Drawings: Thirty-one (31) drawings are attached and labeled Corps No.: 
NWP-2013-338/2. 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 work is being evaluated as an Individual Permit due to the extent of work and contamination present at the site.

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 from a local quarry.

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 may affect an endangered or threatened species or designated critical habitat. The Corps will initiate 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 will initiate 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 (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. The Corps’ preliminary review indicates there are known historic properties and/or the potential for historic properties within close proximity to the proposed project, but the extent of undertaking will have No Effect on historic properties and/or cultural resources.

An historic properties investigation has been conducted within the permit area. No sites determined eligible for or listed on the National Register of Historic Places were found to exist within the permit area.

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 Corps’ project manager identified at the end of this notice to assist in a complete evaluation of potential effects.

State and Local Authorizations:
The applicant will be applying for the following additional governmental authorizations for the project: Oregon Department of Environmental Quality (DEQ) and City of Portland Greenway Review.

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.

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. Comments should be submitted to the following mailing address or email address:

U.S. Army Corps of Engineers
Regulatory Branch
Melody White 
P.O. 2946
Portland, Oregon 97208-2946
Email: Melody.J.White@usace.army.mil
Telephone: (503) 808-4385

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

Notice Issued: April 3, 2017
Written Comments Due: May 3, 2017

Corps of Engineers No: NWP-2013-338/2 
Oregon Department of State Lands No: 58924-RF

WHO IS THE APPLICANT: Portland General Electric

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.

WHERE TO FIND DOCUMENTS: 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.

ACCESSIBILITY INFORMATION: This publication is available in alternate format (e.g. large print, Braille) upon request. Please contact DEQ Office of Communications and Outreach at (503) 229-5317 or toll free within Oregon at 1-800-452-4011 to request an alternate format. People with a hearing impairment can receive help by calling the Oregon Telecommunications Relay Service at 1-800-735-2900.

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