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Posted: 12/23/2015

Expiration date: 1/22/2016

Public Notice for Permit Application

                                                                                                    Issue Date: December 23, 2015

                                                                                                Expiration Date: January 22, 2016

                                                                 U.S. Army Corps of Engineers No: NWP-1994-565/7

30-Day Notice                                             Oregon Department of State Lands No: 25221-RP


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

                        Ms. Anita Andazola anita.m.andazola@usace.army.mil

                        Eugene Field Office

                        211 E. 7th Avenue, Suite 105

                        Eugene, Oregon  97401-2722

Applicant:     Mr. Paul Stallard

                      Salmon Harbor Marina

                      P.O. Box 1007

                      Winchester Bay, Oregon


Location:      The project is located in the east and west basins of the Salmon Harbor Marina in the lower Umpqua River, mile 1.5, in Winchester Bay, Douglas County, Oregon.  The site is located in Section 7 of Township 22 South, Range 12 West.


Waterway:    Umpqua River, mile 1.5

Project Description: Salmon Harbor Marina (Marina) would dredge approximately 299,100 cubic yards (cy) of sediment from approximately 69.8 acres located below the mean high water mark of the east and west Winchester Bay boat basins via hydraulic cutterhead suction dredge to allow for adequate vessel clearance within authorized dredge prisms.  Sediments would be pumped from individual basins via a 10 to 12-inch pipeline and discharged into a flow-lane location located both within and outside of the U.S. Army Corps of Engineers Umpqua River Federal Navigation Channel.  When hydraulic suction dredging and pipeline discharge are not feasible, mechanical clamshell dredging and scow transport and discharge would be utilized.  Work would occur during the in-water work period of November 1 to January 31 throughout the time span of November 2015 to January 2020.  Marina anticipates no more than 50,000 cy of sediment would be dredged and disposed within during any one in-water work period of a permit if authorized.


Mitigation: The applicant has not provided a proposed compensatory mitigation plan for the project.  If a permit is issued, the Corps will determine appropriate and practicable compensatory mitigation.  The amount of compensatory mitigation required shall be commensurate with the anticipated impacts of the project.

Purpose:  To maintain adequate vessel clearance within authorized dredge prisms.


Drawing(s):  Four (4) drawings are attached and labeled Corps No. NWP-1994-565/7


Additional Information:  Additional information may be obtained from Ms. Anita Andazola, Project Manager, U.S. Army Corps of Engineers at (541) 756-5316, or E-mail anita.m.andazola@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.


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.



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