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Posted: 1/29/2016

Expiration date: 2/15/2016

PUBLIC NOTICE for Permit Application

Issue Date: January 14, 2016

Expiration Date: February 15, 2016

US Army Corps of Engineers No: NWP-2015-453

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 emailed or mailed to the following address:

U.S. Army Corps of Engineers
Regulatory Branch
Brad Johnson, Brad.A.Johnson2@usace.army.mil
P.O. 2946
Portland, Oregon  97208-2946

Applicant: Port of Alsea
PO Box 1060
Waldport, Oregon 97394

Location: Dredging will take place in the Alsea Bay, near the Port of Alsea (Port) launch ramp and boat basin, Waldport, Lincoln County, Oregon (44.4347833, -124.0591833).

Waterway: Alsea Bay

Project Description: The proposed project is a one-time dredging project for a total of 30,500 cubic yards will be dredged in the Alsea Bay. The sediment to be dredged is the basin sand that has deposited into the boat service areas of the Port. All areas of the launch ramp and boat basin are to be dredged to a maximum 10 feet below Mean Lower Low Water (MLLW).

Equipment used for sediment removal will include an Ellicott Swinging Ladder (SL) hydraulic suction dredge with cutter head. A push boat dredge tender and a small boat will help maneuver the hydraulic dredge and pipeline. Buoys will be used to mark the pipe’s location for navigation.

The dredge material will be used for a beach nourishment project southwest of the Port of Alsea. A pipeline would be laid out along the basin embankment that can be moved or altered in length as necessary, discharging approximately 30,500 cubic yards below the high tide line.  Preliminary review of the sandy sediment indicates it is suitable for aquatic disposal and is similar in size and character to the sediment in the disposal area.

Mitigation: Compensatory mitigation is not proposed at this time; however, the applicant proposes to conserve subaquatic vegetation (SAV).  Approximately 200 square feet of eelgrass was discovered in the dredge prism during an SAV survey. The Port will transplant the SAV to a site near the south shoreline. The Port will remove and transplant eelgrass the same day using the “Seagrass with Sediments” method. This method consists of planting a shovelful of eelgrass with sediment and rhizomes intact. If possible, and to minimize disturbance, the Port will dig up clumps of plants rather than single plants, depending on how close together they are. 

Purpose: Dredge for boat access in the Port of Alsea

Drawing(s): Permit drawings page 1-11 are attached and labeled Corps No. NWP-2015-453.

Additional Information: Additional information may be obtained from Brad Johnson, Project Manager, U.S. Army Corps of Engineers at (503) 808-4383, or E-mail Brad.A.Johnson2@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.

Coastal Zone Management: Coastal Zone Management: Section 307(c) of the Coastal Zone Management Act of 1972, as amended (16 U.S.C. § 1456(c)), requires non-Federal applicants seeking a federal license or permit to conduct any activity occurring in or affecting the coastal zone to obtain a Consistency Certification which indicates the activity conforms with the State’s Coastal Zone Management program.  The applicant believes the proposed project would comply with and be conducted in a manner consistent with the Oregon Ocean and Coastal Management Program.  Attached is the state's notice for a consistency determination.

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 there are known historic properties and/or potential for historic properties within close proximity to the proposed project, but the extent of the undertaking will have No Effect on these resources.

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.

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

Corps of Engineers No: NWP-2015-453 Notice Issued: January 14, 2016
Oregon Department of State Lands No:         Written Comments Due: February 15, 2016

PO Box 1060
Waldport, Oregon 97394

LOCATION OF CERTIFICATION ACTIVITY: See attached U.S. Army Corps of Engineers public notice.

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.


 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.

 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.


Date: January 14, 2016

U.S. Army Corps of Engineers No:  Corps No. NWP-2015-453
Oregon Department of State Lands No:  

For projects subject to coastal zone review, notice is hereby given that the project is being reviewed by the Department of Land Conservation and Development (DLCD) as provided in Section 307(c) of the Coastal Zone Management Act. The applicant believes that the activities described in the attached materials would comply with and be conducted in a manner consistent with the Oregon Ocean and Coastal Management Program.  Project information can be made available for inspection at DLCD's Salem office.

DLCD is hereby soliciting public comments on the proposed project's consistency with the Oregon Coastal Management Program. Written comments may be submitted to DLCD, 635 Capital Street NE, Suite 150, Salem, Oregon 97301-2540.  Comments may also be sent by fax to (503) 378-6033 or by email to coast.permits@state.or.us.  All comments must be received by DLCD on or before the comment deadline listed in the accompanying Corps of Engineers’ Public Notice for Permit Application.  For further information, you may call DLCD at (503) 373-0050.

Comments should address consistency with the applicable elements of the Oregon Coastal management Program.  These elements include the following:

  • Acknowledged Local Comprehensive Plans & Implementing Ordinances
  • Statewide Planning Goals
  • Applicable State Authorities incorporated into the Oregon Coastal Management Program (e.g. Removal-Fill Law, Water Quality Standards, Beach Bill, etc.) as applicable.

If you believe this project is inconsistent with the Oregon Coastal Management Program, your comments to DLCD should explain why you believe the project is inconsistent and should identify the Oregon Coastal Management Program element(s) in question.  You should also describe how the project could be modified, if possible, to make it consistent with the Oregon Coastal Management Program.

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