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Karen Nelson is the Regulatory point-of-contact for this permit application from Mike Morgan for work on the Pacific Ocean at Cannon Beach, Ore.

PUBLIC NOTICE for Permit Application Issue Date: August 8, 2013 Expiration Date: September 6, 2013 US Army Corps of Engineers No: NWP-2013-167 30-Day Notice Oregon Department of State Lands No: N/A

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 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.: Karen Nelson P.O. Box 2946 Portland, OR 97208-2946

Applicant: Mike Morgan P. O. Box 132 Cannon Beach, OR 97110

Location: Project is located on the beach of the Pacific Ocean, west of Ocean Ave. between Taft and Madison streets (near Latitude 45.8945, Longitude -123.9639) in Cannon Beach, Clatsop Co., Ore. (Section 30, Township 5 North, Range 10 West).

Waterway: Pacific Ocean

Project Description: Applicant proposes to place 1,880 cubic yards of sand below the high tide line, one-foot thick, 70 feet wide, 725 feet parallel to the ocean (1.16 acre), using heavy equipment (bulldozer) between Taft and Madison Streets. Sand would be derived from upland sand dunes between Washington and Jefferson Streets. Project is proposed to be performed within a two-week period when tourism is low (towards end of March, beginning of April). Outgoing tides are expected to recapture the sand within 24 hours of placement. Applicant is seeking Department of the Army authorization for placement of sand below the high tide line, and for work below the mean high water.

The sand dune site was previously excavated (outside of Corps jurisdiction) in 2004, and groomed in 2009, with sand placed on the western edge, and at the toe of dunes, where space is now limited. The excavated area would be graded with undulating hummocks, benched from 32 feet North American Vertical Datum of 1988 (the mandated FEMA minimum datum of “100 year flood + 4 feet”) and contoured similarly to adjacent landforms (no flat plane and rounded), then planted with hand-salvaged European beach grass (predominant) with American beach grass intermixed, on a 24-inch spacing. The total volume of sand proposed to be excavated from the dunes is 2,881 cubic yards (1,001 cubic yards which include beach grass roots would not be placed below the high tide line). A 15% downwind sand incursion is expected over the next three years as beach grass acclimates and intersects sand. The public’s beach access points would be maintained.

Mitigation: Applicant did not propose mitigation. If a permit is issued, the Corps will determine what appropriate and practicable compensatory mitigation is. The amount of compensatory mitigation required shall be commensurate with the anticipated impacts of the project.

Purpose: Recapture ocean views and minimize sand encroachment into local neighborhood.

Drawings: Seven drawings are attached and labeled Corp No. NWP-2013-167 enclosure.

Additional Information: Additional information may be obtained from Karen Nelson, Project Manager, U.S. Army Corps of Engineers, at 503-808-4383 or email: Karen.L.Nelson@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 have the potential to affect an endangered or threatened species or its critical habitat. Consultation under Section 7 of the Endangered Species Act of 1973 (87 Stat. 844) may 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 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, 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 above in 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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where sand may blow in greater abundance in the first year or two after the dune is removed and before the new beach grasses take over. Note that beach gr-.JSSCs lie west of the intended excavation area

Phase 2 Dune Grading/Ocean-Laurel Sand Management

NWP-2013-167

Page5

1 of 7

Febn10ry 5, 2013

Enclosure 1

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Flood hazard map for the reach south of Ecola Creek; V-Zonc elevations are given inn NAV088. ·me areas lobe cut and fi lled arc shown in blue and red, respectively. ·me pertinent V-Zone elevation for this project is 28 ll NAV088. l11e cut and disposal areas arc superimposed inlo the flood map for illustration purposes.

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f'hase 2 Dune Grading/Ocean-Laurel Sand Management

NWP-2013-167

Page 6

2 of 7

February 5. 2013

Enclosure 1

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Plan view ofthc Phase 2 dune gmding projct.1 area with profiles I through 10 shown. Also shown are prolile cross sectional areas. mean panel cross sectional areas, panel surface areas. and panel sand volumes. R esult~ are summarized in yellow box. Blue hatched areas arc proposed for excavotion. Red hatched areas demarcate where dune gras.~s have been tmpping sand and causing dunes to grow. Survey by HLB-OTAK of Gearhart, Oregon. NANOOS beach survey section is provided in box in the upper left hand comer.

Plrase 2 Dune Grading/Ocean-Laurel Sand Management

NWP-2013-167

Page 7

3 of 7

Febrnary5. 2013

Enclosure 1

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Phase 2 Dune Grading/Ocean-Laurel Sand Management

NWP-2013-167

Page8

4 of 7

February 5. 2013

Enclosure 1

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~:Cross sectional profiles for the southern part of the cut area The blue areas highlight where sand will be removed. The areas listed above each cross section arc for sand that will be excavated for that cross section.

Phase 2 Drme Grading/Ocean-l..aurel Sand Management

NWP-2013-167

Page9

5 of 7

February), 2013

Enclosure 1

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Phase 2 Dune Grading/Ocean-lAurel Sand Management

NWP-2013-167

Page 10

6 of 7

February 5, 20/3

Enclosure 1

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fimu:!<.l: NANOOS forcdune and beach survey lines for the shore due west of Jefferson Street, annotated to show beach slope and position of Mean lligher l ligh Water (MJ LHW) within the area where sand is proposed to be moved for incorporation into the littoral processes of the bcach-oeean littoral environment.

Phase 2 Dune Grading/Ocean-Laurel Sand Management

NWP-2013-167

Page II

7 of 7

February 5. 2013

Enclosure 1

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