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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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~; Aerial photo showing sand cut (blue) and disposal (red) areas. Also shown is !he winter wind vt:ctor, which can be used to predict
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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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
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Febrnary5. 2013
Enclosure 1
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New contour elevations arc shown with black lines.
Phase 2 Dune Grading/Ocean-Laurel Sand Management
NWP-2013-167
Page8
4 of 7
February 5. 2013
Enclosure 1
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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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Phase 2 Dune Grading/Ocean-Laurel Sand Management
NWP-2013-167
Page II
7 of 7
February 5. 2013
Enclosure 1