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Shelly Lynch is the Regulatory point-of-contact for this permit application from TEMCO, LLC, for work at River Mile 11.4 on the Willamette River, in Portland, Ore.

PUBLIC NOTICE for Permit Application

Issue Date: January 13, 2014 Expiration Date: February 13, 2014 US Army Corps of Engineers No: NWP-2001-31-2 30-Day Notice Oregon Department of State Lands No: APP0055008

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 Shelly Lynch, Michelle.R.Lynch@usace.army.mil P.O. Box 2946 Portland, OR 97208-2946

Applicant: TEMCO, LLC 800 N. River Street Portland, OR 97227

Location: The project is located in Portland, Multnomah County, Oregon on the Willamette River at RM 11.4, in Section 27 of Township 1 North, Range 1East, W.M.

Waterway: Willamette River, RM 11.4

Project Description: All dock maintenance and dolphin replacement will occur at or near the ship and barge docks where TEMCO, LLC proposes to use a contractor-supplied barge-mounted crane to perform the pile installation with both vibratory and impact drivers. The barge-mounted crane is stabilized by two 60-foot-long spuds extending approximately 12 feet into the substrate. Piles will be fully extracted. If a pile snaps off and can’t be extracted, the pile would be cut off 3-feet below the mud line and backfilled with clean sand. Once the pile is removed, the new pile will be driven to a depth of -100 feet WRD, 50 feet below the mud line. Removed piles will be placed on a flat barge connected to the crane barge for proper upland disposal.

The main dock repairs include removing and replacing up to 20 existing 16-inch diameter creosote treated bearing piles with 16-inch diameter steel bearing piles, removing and replacing up to six existing 12-inch square creosote treated cross braces with steel C10 x 15.3.

The ship dolphin repairs include removing and replacing up to 18 existing HP 14x89 steel piles in kind and removing and replacing up to five existing 16-inch diameter creosote treated fender piling with up to four 16-inch diameter steel fender piles.

The barge dolphin repairs require removing up to four existing HP 14x73 steel piles and one existing 16-inch diameter steel pile and replacing in kind.

Above water work includes replacement of 12-inch square creosote treated wood pile caps with HP 14x73 steel (H-type) caps as well as replacing creosote-treated cross-bracing measuring 4x8x16 feet long with C10x15.3 steel braces. An additional 30 pressure-treated wood bracing and pile caps will be removed above the water line.

The proposed project would occur over a five-year period and during the in-water work windows of July 1 – October 31 of each year.

Mitigation: 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: At the TEMCO, LLC facility, grain products are off-loaded from river barges, temporarily stored in upland silos and later transferred to ocean-going vessels for national and international sales and distribution. Efficient and safe loading and off-loading of grain is essential to the long-term success of TMCO, LLC’s business model. Improving the structural integrity of the dock and repairing the dolphins will allow TEMCO, LLC to provide a safer waterfront environment for its employees, more stable mooring structures, and will allow the facilities operations to continue.

Drawings: Eight (8) drawings are attached and labeled Corp No. NWP-2001-31-2 enclosure.

Additional Information: Additional information may be obtained from Shelly Lynch, Project Manager, U.S. Army Corps of Engineers: 541-962-0401 or email: Michelle.R.Lynch@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.

Essential Fish Habitat: The Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996, requires all Federal agencies to consult with the NMFS on all actions, or proposed actions, permitted, funded, or undertaken by the agency, that may adversely affect Essential Fish Habitat.

The project area is within the known range of protected species. We are currently gathering information regarding these species and have yet to make a determination of effect. Should we find that the described activity may affect the species listed above, we will follow the appropriate course of action under Section 305(b)(2) of the Magnuson-Stevens Act. Any comments the National Marine Fisheries Service may have concerning essential fish habitat will be considered in our final assessment of the described work.

Cultural Resources: An initial evaluation of the proposed project area indicates that 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. The permit area has been so extensively modified by modern development that little likelihood exists for the proposed project to affect an undisturbed historic property or any other type of cultural resource.

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.

Map 1. Vicinity Map, USGS 7.5 Minute Series

Project Site Address: 800 N. River St. Lat/Long: N 45°32'6.92" W 122°31.68"

Reference Number: Applicant: TEMCO LLC Adjacent Property Owners: Proposed Project: Maintenance Dredging In: Willamette River Near: Portland County: Multnomah State: OR Date: 02/04/2013 Sheet: 1 of 8

Northern Resource Consulting, Inc. ENVIRONMENTAL SERVICES 1339 Commerce Ave., Suite 3098 Longview, Washington 98632 Phone: (360)414-5239 Fax: (360)414-4021

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Ale~~ APPLlCAHT: TEi.!CO LLC PORTI.AND TERMINAL 1------t Pnl~ Pnlject 27-0l

Dock Maintenance Repairs.

XXlCX N Pacif'.c St. Portland, OR. 97227

SHEET: 3

of 9

MTE: Feb 6, 2013

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REFERtNCE NUMBER:

APPLICANT: TEMCO LLC

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SCALE: I 4"z1' PROJECr LOCATION (ADDRESS): 1ucxx N Pacific St. Portland, OR. 97227

PORTLAND TERI.IINAL

PI"ODOII8CI Project: 27-01

Dcc"k Maintenance Repairs.

SHEEr: 4 of 9

DATE: Feb 8, 2013

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SCALE: 1 8"·1'

NOTES:

REFERENCE NUMBER:

ALL ELEVATIONS REFERENCED TO COLUMBIA RIVER DAlUM (CRD) TOS u TOP Of STEEL

APPIJCANf: TEMCO LLC

PRO.JECT LOCATION (ADDRESS): lllO

PORTLAND TERMINAL Propolllld Project:

27-01

Doclt Maintenance Repolrs.

SHEEr: 5 of 9

DJ.lE: feb 8, 2013

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PRO.IECI' LOCATION (AIXIAii.liiS); APPLICANT: 27-01

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Repairs.

xxxx N PacifiC St. Portland, OR. 97227

SHEEr: 6 of 9

DATE: Feb 8, 2013

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REFER£NCE NUt.IEIER:

PRO.IECT

APPI.JCNO': TEI.ICO LLC

Portland, OR. 97227

~TIOH XlOCX N Pacific St.

QIDORESS):

PORTLAND TERMINAL 27-01

PI'ODOIIIICI Pn:lject: Ooc"k Maintenance Repairs.

SHEET: 7 of 9

DATE: Feb 8, 2013

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SCALE: 1 2"=1'

REFERENCE NUNB£R:

PRO.IECT I.OCAllON (ADDRESS):

APPI..ICANT:TEWCOLLC

xxxx N Pacific St. Portland, OR. 97227

PORll..AND TERMINAL

27-01

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Repairs.

SHEET: a of 9 DAlE: Feb 8, 2013

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REFERENCE NUMBER:

APPI..IC'.NIT: 27-01

TalCO LLC

SCALE: 1 2"=1' PROJECf LOCATION xx)(J( N Pacific St.

(ADDRESS):

Portland, OR. 97227

PORTLAND TERMINAL

f>:1M:CM::= Repoirs.

SHEET: 9 of 9 DATE: Feb 8, 2013

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