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Posted: 7/28/2014

Expiration date: 8/11/2014

PUBLIC NOTICE for Permit Application



                        Issue Date: July 25, 2014

                                    Expiration Date: August 11, 2014

                                    US Army Corps of Engineers No: NWP-2007-832-4

REVISED 15-day notice                                      Oregon Department of State Lands No: 44953 RF


On October 2, 2013, the U.S. Army Corps of Engineers issued a public notice (NWP-2007-832-3) for a proposed modified permit. The modified permit has not been issued. Interested parties are hereby notified that a newly revised, application has been received for a Department of the Army modified permit for certain work in waters of the United States, as described below and shown on the attached plans.


Comments: The Corps is interested particularly in receiving any comments pertaining to the newest elements of the proposed project (i.e., the ocean dumping of a portion of the dredge material and the revised proposed mitigation plan).


Comments on the described work should reference the Corps 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

                        ATTN: CENWP-OP-GP (Taylor)

                        P.O. Box 2946

                        Portland, OR 97208-2946

Applicant:     Port of Newport

                        Attn: Kevin Greenwood, General Manager

                        600 SE Bay Blvd.

                        Newport, OR 97365


Location: The project is located on the north side of the Yaquina Bay and estuary, Yaquina River Mile 2.2, in Newport, Lincoln Co., Ore. (Section 9, Township 11 South, Range 11 West). The disposal site for dredged siltstone material is located on the north side of the Bay (RM 2.5) on McLean Point, east of the project area, in Newport, Ore. (Section 9, Township 11 South, Range 11 West). The disposal site for dredged unconsolidated (i.e., sandy) material would be at the South Site (cells 49-66) of the Yaquina Ocean Dredge Material Disposal Site located approximately 1.98 nautical miles (2.28 miles) from the Yaquina Bay entrance channel. The area of the designated cells is approximately 1,500 ft. wide by 3,000 ft. long (See Enclosure 1).

Waterway:    Yaquina Bay and Pacific Ocean

Project description: The Port of Newport proposes to modify its existing U.S. Army Corps of Engineers Section 404/Section 10 permit [NWP-2007-832-2] and Oregon Department of State Lands Removal/Fill permit [DSL #44953 RF]. The original project has been completed. The modifications will include additional dredging of the existing shipping berth and the placement of additional riprap on the shoreline. The additional dredging may involve ocean dumping of a portion of the dredge material. The Port has revised its proposed mitigation plan for the loss of subtidal habitat.


Additional dredging


The proposed total 21,000 cubic yards of additional dredging will cover an area of approximately 2.25 acres. This includes a 0.76 acre area previously dredged under the current authorization [NWP-2007-832-2] to -29.26 feet NAVD, plus approximately 1.49 acres of existing subtidal habitat, including approximately 0.4 acre of undredged area located outside the navigation channel. The proposed dredge area also will include approximately 1.09 acres of the Yaquina River identified as the Federal Navigation Channel that prior to 2000 was maintained annually to its Congressionally authorized depth of -30 + 2 feet advanced maintenance depth NAVD. The difference in volume between the originally permitted dredging and the proposed dredging is 16,300 cubic yards (See Enclosure 2).


The Port is currently in talks with the Corps about the possibility of coordinating the proposed Port dredging with Federal maintenance dredging of the Federal Navigation Channel. The Corps also will be conducting maintenance dredging of the FNC beginning after July 22, 2014, and concluding no later than October 31, 2014. The Corps dredging will be accomplished using a clamshell dredge from a crane mounted on a barge. Sediment from the bucket will be placed on a barge for disposal at the Yaquina ODMDS Site.


If the Port is able to coordinate the additional dredging for berth deepening with the Corps' scheduled maintenance dredging, a clamshell dredge also would be used to remove the unconsolidated materials within the Port’s proposed dredge prism (i.e., approximately 11,600 cubic yards of the total proposed 21,000 cy of dredging). That portion of the dredged material also will likely be disposed at the Yaquina South ODMDS. The Port’s unconsolidated material will be excavated using an open bucket dredge from the FNC (a.k.a. Turning Basin), an area previously authorized and dredged in 2009, and the undredged area outside the FNC.


The contractor will utilize the 2,250 cy capacity ABS load line dump scow, WJ Marston, for disposal events to the ODMDS. A tug of sufficient size and horsepower will transport the scow to the ODMDS as needed. The approximately seven disposal events may occur on a six hour time cycle with an estimated 1,800 cy disposed on each event.


No dredged material would be placed into wetlands. Management of the ocean dumping will be conducted per the Corps’ 2012 Yaquina Bay North and South Ocean Dredged Material Disposal Sites Site Management/Monitoring Plan and in conjunction with the Portland District’s Ocean Dumping Coordinator, Wendy Briner.


Of the total 21,000 cubic yards proposed for dredging, the Port proposes to remove 9,400 cubic yards of siltstone. The excavation will be accomplished using a long-reach extended arm trackhoe equipped with an open bucket capable of excavating siltstone that underlies the unconsolidated sediment. The trackhoe will be mounted on a flexifloat modular barge that will be anchored in front of the west cargo dock. On the shore will be a 110-ton crawler crane equipped with a clam bucket. The trackhoe will place the material into a contained area on a barge, where it will be transferred by the crane to off-highway trucks with higher ends to contain water (i.e., the material will not be set on the dock). The material will then be hauled to an upland disposal area located on McLean Point east of the International Terminal. Water from the dredge material will not be allowed to immediately enter the Bay, but will first flow overland where it will be filtered.


The Port anticipates the proposed dredging will require approximately eight weeks of in-water work if conducted independently of the Corps's maintenance dredging. If the two dredging projects are coordinated, it is anticipated that the total amount of dredging time for the two projects would be reduced. Dredging and disposal of the Port’s material, if coordinated with the Corps’ dredging activities, is expected to occur between September 1 and October 31. If the dredging activities cannot be coordinated, then the Port’s activities will be conducted during the November 1-February 15 in-water work window.


The Port has completed sediment characterization analyses as per the Sediment Evaluation Framework for the Pacific Northwest dated May 2009 and will ensure consistency with the SEF prior to conducting the deepening project. The Portland Sediment Evaluation Team has determined that the dredge prism material and new surface material across the entire project area are suitable for unconfined, aquatic exposure.


Although maintenance dredging is not included in this modification proposal, the Port estimates that maintenance dredging will be needed approximately every 10 years to remove a volume of approximately 2,000 cubic yards of sediment. The Port will periodically monitor the new dredge prism to determine maintenance dredging needs.


Riprap placement


The proposed 180 cubic yards of additional riprap will cover an area of approximately 0.05 acre on the slope near the former west end of the S.S. Paisley. This slope is currently riprapped down to -29.26 feet NAVD to provide structural support for the western sheet pile wall, which must remain stable. The proposed depth of additional dredging will require that the toe of riprap be continued (at a 3:1 slope) to the new dredge depth of -35.00 feet NAVD. The riprap will be placed with a long-reach trackhoe (operating from a barge) onto subtidal sand ranging in depth from -13 to -35 feet NAVD.


Mitigation: The applicant has revised its proposed compensatory wetland mitigation, with the primary objective to restore estuarine habitat within Yaquina Bay, by proposing to accomplish the following: a) removing approximately 0.5-acres of a manmade berm to restore the area to the elevation of the surrounding mudflats and b) hydrologically enhancing a 1.8-acre former log pond by replacing an undersized culvert with a box culvert set at a lower elevation to establish a fuller tidal regime. The mitigation site will be located on Port property located near the Oregon Coast Aquarium (See Enclosure 3).


If a permit modification is authorized, 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: The purpose of the proposed project is to establish and maintain the corrected navigational depth clearances required for the current fishing vessel operations and the larger and deeper berth for deeper drafting Handysize vessels projected to use the Port facilities.


Drawings: Twelve (12) drawings are attached and labeled NWP-2007-832-4 enclosure.


Additional information may be obtained from Tom Taylor, Project Manager, U.S. Army Corps of Engineers, at 503-808-4386 or via email: thomas.j.taylor@usace.army.mil.


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.


            Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413), to transport dredged material for the purpose of dumping it into ocean waters.


Ocean dumping: The Corps has requested concurrence from the U.S. Environmental Protection Agency for the Port’s proposal to transport and dispose of approximately 11,600 cubic yards of dredged material at the Section 103 (Marine Protection, Research, and Sanctuaries Act) Yaquina ODMDS, South Site.


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 revised notice advertising the request for certification.


Coastal zone management: A permit for the described work will not be issued until the Department of Land Conservation and Development, as provided in Section 307(c) of the Coastal Zone Management Act, has provided the Corps with a determination of consistency with the Oregon Coastal Management Program.


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 endangered or threatened species and their critical habitat. An amended Biological Assessment and Essential Fish Habitat Assessment has been prepared. The Corps has initiated consultation with the National Marine Fisheries Service under Section 7 of the Endangered Species Act of 1973 (87 Stat. 844). A permit modification for the proposed new activities will not be issued until the consultation process is completed.


Cultural Resources: The original permit (NWP-2007-832-2) authorized the renovation of the Port’s International Terminal. This included the installation of a permanent bulkhead wall, the construction of two new docks, the construction of a new Port building and warehouse. These activities involved the remediation of the Pasley and the Hennebique (two concrete-hulled vessels previously used as docks), the removal of the Pasley and the upper deck of the Hennebique, dredging and excavation activities, and the placement of riprap.


Associated with the original permit, the Corps made a “no effect” determination for cultural resources in the project area. The State Historic Preservation Office verified the Corps’ determination in their letter, dated July 28, 2010. This notice has been provided to the State Historic Preservation Office, interested Native American Indian tribes, and other interested parties. As before, the Corps concludes that there are no historic properties that would be affected by the action proposed under the permit modification.


Evaluation: The decision whether to issue a modified 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 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.

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