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Posted: 5/28/2015

Expiration date: 6/29/2015

PUBLIC NOTICE for Permit Application

Issue Date: May 28, 2015

Expiration Date: June 29, 2015

US Army Corps of Engineers No: NWP-2015-38

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
Regulatory Branch
Melody White, Melody.J.White@usace.army.mil
P.O. Box 2946
Portland, Oregon  97208-2946

Applicant: Front St. Marine, LLC., c/o Steve Webster, 113 SE Bay Boulevard., Newport, Oregon 97365

Location: The project is located at 250 SW Bay Boulevard, Newport, (Section 8DB, Township 11 South, Range 11 West), Lincoln County, Oregon. The project coordinates are: 44.63.353° North, 124.052056° West.

Waterway: Yaquina Bay and the Yaquina River at approximately River Mile 1.8.

Project Description: The proposed project will construct a new transload and fish buying facility at the current location of the Undersea Gardens in Yaquina Bay. The Undersea Gardens and all associated structures (including a wooden breakwater, small storage dock, access ramp, and approximately 17 pilings) will be removed prior to construction of the new facility. 

The new transload facility will consist of a 132-foot wide by 141-foot deep wharf (approximately 18,500 square feet) comprised of precast concrete support panels supported on steel piles. Up to 112 24-inch diameter steel support piles will be installed, 88 of these piles will be placed below highest measured tide (HMT). Up to 14 18-inch diameter steel fender piles will be installed. The new wharf will sit level with Bay Boulevard, approximately 10 feet above mean sea level (msl), and will support a 4,000 square foot cold storage building and 450 square foot ice machine. Approximately 15,860 square feet of the new wharf will be suspended over water, resulting in approximately 9,160 square feet of net new overwater structure following the removal of the existing Undersea Gardens and its associated structures. 

Construction is schedule to begin in November 2015, with completion of the wharf by September 2016. All work conducted below the HMT of Yaquina Bay will occur between November 1 and February 15 of the ODFW-preferred in water work window (IWWW) for the Yaquina River estuary. All piles will be removed with a vibratory hammer. New pilings will be round steel, 24-inches in diameter or smaller. In the event a vibratory hammer cannot fully embed the installed piles to the necessary depth, the contractor will use an impact hammer with bubble curtains to seat the piles to the required depth. Construction crews and equipment will access the project site via existing roadways and two floating barges, including a crane barge secured with two pile studs and a material barge moored to the crane barge. 

The proposed project and mitigation measures will result in 564 cubic yards of permanent impacts (including 300 feet of substrate displacement) and 4,160 cubic yards of permanent removal, including structures and existing rock fill, below the HMT of Yaquina Bay, resulting in a net removal of 3,596 cubic yards. The proposed new wharf will result in approximately 9,160 square feet of new overwater structure. Temporary impacts will be limited to the placement of two 16-inch steel spud piles to secure the crane barge during construction. 

Mitigation: The applicant has provided a proposed compensatory mitigation for the proposed impacts: 
1) The proposed project will result in a net removal of approximately 2,000 cubic yards of structural components from below the HMT of Yaquina Bay. 
2) The proposed project incorporates light reflective paint on the bottom of the precast wharf decking and steel piles, and grating where functionally feasible, to further reduce potential overwater impacts (i.e., reduction in light penetration) associated with the new wharf structure.
3) Removal of an existing 4,800-square-foot rock jetty located approximately 4 miles upstream at River Bend Marine. Prior to the removal of the jetty, the rocks will be inspected by ODFW for native oysters that could be salvaged and relocated.

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: To construct a new transload facility and fish buying facility in Yaquina Bay, Newport, Oregon.

Drawing(s): Ten (10) drawings are attached and labeled Corps No. NWP-2015-38.

Additional Information: Additional information may be obtained from Melody White, Project Manager, U.S. Army Corps of Engineers at (503)808-4385, or E-mail 

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.

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.

Cultural Resources: An initial evaluation of the proposed project area indicates that the permit area is likely to yield resources eligible for inclusion in the National Register of Historic Places.  An investigation for the presence of potentially eligible historic properties is justified and would be required prior to the Corps’ final permit decision. The Corps has requested additional information from the applicant.

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.

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