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Posted: 10/6/2014

Expiration date: 11/5/2014

PUBLIC NOTICE for Permit Application



                        Issue Date: October 6, 2014

                                    Expiration Date: November 5, 2014

                                    US Army Corps of Engineers No:NWP-2014-258

30-Day Notice                                                                                                                                Oregon Department of State Lands No:    



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 (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

                        Richard Chong, Richard.Chong@usace.army.mil

                        PO Box 2946

                        Portland, OR  97208-2946


Applicant:       Neal Wallace

                         City of Seaside

                         989 Broadway Street

                         Seaside, OR 97138


Location:        Within the Neawanna Creek at 1230 Broadway Street, Section 22, Township 6 North, Range 10 West, City of Seaside, Clatsop County, Oregon (45.993774, -123.915087)


Waterway:     Neawanna Creek

Project Description:  The City of Seaside will be replacing a 170 square-foot existing multi-use boat dock with a new, larger multi-use boat dock.  This new boat dock will consist of a 4-foot by 40-foot combined aluminum walkway leading to a 14.6-foot by 19.6-foot float.  This float will be equipped with a kayak launch.  The entire structure will extend approximately 54 linear feet water ward of the mean higher high water line.  The installation of this new dock will result in 421 square feet of structure below the mean high water line of the Neawanna Creek.


The existing dock was supported via steel, four-inch pipes.  The applicant will most likely remove these existing pipes by pulling them out via a crane.  The new five-inch diameter steel piles will be installed using a Collins air hammer.  The proposed dock removal/installation is to occur from either a shallow barge or the adjacent uplands.  The proposed work will occur during the ODFW in-water work window for the Necanicum and Neawanna Estuary; November 1 through February 15.


Mitigation: The replacement of the existing dock with a larger dock will increase the overwater footprint by 251 square feet.  To mitigate for these impacts, the applicant is proposing to place coarse woody material, in the form of discarded Christmas trees, within the tidally influenced Mill Ponds.  Placement of these Christmas trees will be shortly after the holidays.  The City of Seaside is proposing to place approximately 200 Christmas trees to create the in-water habitat.  The Corps will determine what is appropriate and practicable compensatory mitigation, commensurate with the project impacts.

Purpose:  To expand a multi-use dock within the City of Seaside, Oregon.


Drawings:  Drawings 1-9 are attached and labeled Corps No. NWP-2014-258.


Additional Information:  Additional information may be obtained from Richard Chong, Project Manager, U.S. Army Corps of Engineers at (503) 808-4384 or email Richard.Chong@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.


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.


Essential Fish Habitat: The Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996, requires all 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 project area is within the known range of protected species. We are currently gathering information regarding these species and have yet to make a determination of effect. Should we find that the described activity may affect the species listed above, we will follow the appropriate course of action under Section 305(b)(2) of the Magnuson-Stevens Act. Any comments the National Marine Fisheries Service may have concerning essential fish habitat will be considered in our final assessment of the described work.


Cultural Resources:  An initial evaluation of the proposed project area indicates that an initial evaluation of the proposed project area indicates to the best of our knowledge, 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.  At this time the Corps is unaware of any cultural resource surveys of the project 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 on page 1 of this notice) to assist in a complete evaluation of potential effects.


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.