Home

Portland District

Run scraper

Front St. Marine

Basic information

Fill out these two fields at minimum.

— or —

How Big?

Where?

Links to source documents

Raw text

You can copy from here when filling out the rest of the page.

Melody White is the Regulatory point-of-contact for this application for a permit from Front St. Marine, LLC, to conduct work impacting Yaquina Bay and the Yaquina River in Newport, Oregon.

PUBLIC NOTICEfor Permit Application

Issue Date: May 28, 2015 Expiration Date: June 29, 2015 US Army Corps of Engineers No: NWP-2015-38 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 mailed to the following address:

U.S. Army Corps of Engineers Regulatory Branch Melody White, Melody.J.White@usace.army.mil P.O. Box 2946 Portland, Oregon 97208-2946

Applicant: Front St. Marine, LLC., c/o Steve Webster, 113 SE Bay Boulevard., Newport, Oregon 97365

Location: The project is located at 250 SW Bay Boulevard, Newport, (Section 8DB, Township 11 South, Range 11 West), Lincoln County, Oregon. The project coordinates are: 44.63.353° North, 124.052056° West.

Waterway: Yaquina Bay and the Yaquina River at approximately River Mile 1.8.

Project Description: The proposed project will construct a new transload and fish buying facility at the current location of the Undersea Gardens in Yaquina Bay. The Undersea Gardens and all associated structures (including a wooden breakwater, small storage dock, access ramp, and approximately 17 pilings) will be removed prior to construction of the new facility.

The new transload facility will consist of a 132-foot wide by 141-foot deep wharf (approximately 18,500 square feet) comprised of precast concrete support panels supported on steel piles. Up to 112 24-inch diameter steel support piles will be installed, 88 of these piles will be placed below highest measured tide (HMT). Up to 14 18-inch diameter steel fender piles will be installed. The new wharf will sit level with Bay Boulevard, approximately 10 feet above mean sea level (msl), and will support a 4,000 square foot cold storage building and 450 square foot ice machine. Approximately 15,860 square feet of the new wharf will be suspended over water, resulting in approximately 9,160 square feet of net new overwater structure following the removal of the existing Undersea Gardens and its associated structures.

Construction is schedule to begin in November 2015, with completion of the wharf by September 2016. All work conducted below the HMT of Yaquina Bay will occur between November 1 and February 15 of the ODFW-preferred in water work window (IWWW) for the Yaquina River estuary. All piles will be removed with a vibratory hammer. New pilings will be round steel, 24-inches in diameter or smaller. In the event a vibratory hammer cannot fully embed the installed piles to the necessary depth, the contractor will use an impact hammer with bubble curtains to seat the piles to the required depth. Construction crews and equipment will access the project site via existing roadways and two floating barges, including a crane barge secured with two pile studs and a material barge moored to the crane barge.

The proposed project and mitigation measures will result in 564 cubic yards of permanent impacts (including 300 feet of substrate displacement) and 4,160 cubic yards of permanent removal, including structures and existing rock fill, below the HMT of Yaquina Bay, resulting in a net removal of 3,596 cubic yards. The proposed new wharf will result in approximately 9,160 square feet of new overwater structure. Temporary impacts will be limited to the placement of two 16-inch steel spud piles to secure the crane barge during construction.

Mitigation: The applicant has provided a proposed compensatory mitigation for the proposed impacts: 1) The proposed project will result in a net removal of approximately 2,000 cubic yards of structural components from below the HMT of Yaquina Bay. 2) The proposed project incorporates light reflective paint on the bottom of the precast wharf decking and steel piles, and grating where functionally feasible, to further reduce potential overwater impacts (i.e., reduction in light penetration) associated with the new wharf structure. 3) Removal of an existing 4,800-square-foot rock jetty located approximately 4 miles upstream at River Bend Marine. Prior to the removal of the jetty, the rocks will be inspected by ODFW for native oysters that could be salvaged and relocated.

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: To construct a new transload facility and fish buying facility in Yaquina Bay, Newport, Oregon.

Drawing(s): Ten (10) drawings are attached and labeled Corps No. NWP-2015-38.

Additional Information: Additional information may be obtained from Melody White, Project Manager, U.S. Army Corps of Engineers at (503)808-4385, or E-mail Melody.J.White@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.

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 the permit area is likely to yield resources eligible for inclusion in the National Register of Historic Places. An investigation for the presence of potentially eligible historic properties is justified and would be required prior to the Corps’ final permit decision. The Corps has requested additional information from the applicant.

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.

Pacific Habitat Services, Inc. 9450 SW Commerce Circle, Suite 180 Wilsonville, OR 97070

5605 3/11/15

Project Area

General Location and Topography Front Street Marine Transload Facility Project Newport Oregon (USGS Newport North Quadrangle,2015)

1

FIGURE

Pacific Habitat Services, Inc. 9450 SW Commerce Circle, Suite 180 Wilsonville, OR 97070

Project #5605 3/11/15

Tax Lot Map 11 11 08 DB, lot 2405, Lincoln County Front Street Marine Transload Facility Project Newport Oregon (ormap.net, 2015)

Project Area

2

FIGURE

Pacific Habitat Services, Inc. 9450 SW Commerce Circle, Suite 180 Wilsonville, OR 97070

5605 3/11/15

Project Location Front Street Marine Transload Facility Project Newport, OR (Google Earth 2015)

YaquinaRiver

ProjectArea

3

FIGURE

Pacific Habitat Services, Inc. 9450 SW Commerce Circle, Suite 180 Wilsonville, OR 97070

5605 3/11/15

Rockjettytoberemoved (4,800sq.ft./1,600cu.yds.)

YaquinaRiver

RiverBend Marine

Proposed Offsite Mitigation at River Bend Marine Front Street Marine Transload Facility Project Newport, OR (Google Earth 2015)

4

FIGURE

700 NE Multnomah Street, Suite 900 Portland, Oregon 97232-4189 (503) 872-4100 FAX: (503) 872-4101

PO Box 387 Astoria, Oregon 97103 (503) 325-7130 FAX: (503) 325-0174

File: Q:\Portland\2015\A15.0232\00\CADD\Dwgs\Permit

· · · · ··· · ··· ·· · ·· · ·· · · · ··· ···· ·· · ·· ·· · · · ·· · · ·············

Last Saved by: Tony.pritchett on: Mar 17, 2015 3:43 PM Dwgs\02_C01-P.dwg

W

0 N. 2 3, 20

1

D A. W E L L

JA

AR

OREGON

R EN 48114PE

G I NE E

S,

STORAGE DOCK WITH (2) GUIDE PILES TO BE REMOVED. APPROX 480 SQUARE FEET BELOW HMT.

HAW

EXISTING SITE PLAN/DEMOLITION PLAN

FRONT ST WHARF

TNP DAW DTJ

FRONT ST MARINE LLC

PORTION OF EXISTING PIER LOCATED ON FRONT ST. PROPERTY TO BE REMOVED. APPROX. 200 SQUARE FEET.(OVER WATER)

(100 SQ FT / 70 CUBIC YARDS BELOW HMT)

BREAKWATER AND PILING TO BE REMOVED

(2,460 CUBIC YARDS)

EXISTING STRUCTURE AND ATTACHED GANGWAY TO BE REMOVED. APPROX 5,600 SQUARE FEET BELOW HMT.

(30 CUBIC YARDS)

HIGHEST MEASURED TIDE ELEV.= 11.51 FT

EXISTING INTERPRETIVE DISPLAY TO BE RELOCATED BY OTHERS

EXISTING MECHANICAL EQUIPMENT AND SHED STRUCTURES TO BE REMOVED.

III

PRELIMINARY HO

scale

20

20

40 feet

2 OF 4

3/17/15

A15.0232.00

C-01

PERMIT SET

0

3.0

700 NE Multnomah Street, Suite 900 Portland, Oregon 97232-4189 (503) 872-4100 FAX: (503) 872-4101

NEW SIDEWALK

12

File: Q:\Portland\2015\A15.0232\00\CADD\Dwgs\Permit

13

2.0

'

.0' PO Box 387 Astoria, Oregon 97103 (503) 325-7130 FAX: (503) 325-0174

18"Ø STEEL FENDER PILE, TYP

A

NEW DRIVE ENTRANCE

16

· · · · ··· · ··· ·· · ·· · ·· · · · ··· ···· ·· · ·· ·· · · · ·· · · ·············

Last Saved by: Tony.pritchett on: Mar 17, 2015 3:41 PM Dwgs\02_C02-P.dwg

W

0 N. 2 3, 20

1

D A. W E L L

JA

AR

OREGON

R EN 48114PE

S,

.0 18

'

HAW

DTJ

PROPOSED SITE PLAN

FRONT ST WHARF

TNP DAW

NOTE: ELEVATIONS ARE NAVD88 DATUM

NEW WHARF STRUCTURE, APPROX. 15,000 S.F. BELOW HMT LINE (103) 24"Ø STEEL WHARF PILING ((81) BELOW HMT LINE) (13) 18" Ø STEEL FENDER PILING ((13) BELOW HMT LINE) THE PROJECT MAY ULTIMATELY REQUIRE (112) 24"Ø STEEL WHARF PILING ((88) BELOW HMT LINE) (14) 18" Ø STEEL FENDER PILING ((14) BELOW HMT LINE)

24"Ø STEEL PILE, TYP

FRONT ST MARINE LLC

'

PRELIMINARY

G I NE E

1

HIGHEST MEASURED TIDE ELEV.= 11.51 FT

1.3

III

14

HO

'

scale

20

20

40 feet

3 OF 4

3/17/15

A15.0232.00

C-02

PERMIT SET

0

File: Q:\Portland\2015\A15.0232\00\CADD\Dwgs\Permit

· · · · ··· · ··· ·· · ·· · ·· · · · ··· ···· ·· · ·· ·· · · · ·· · · ·············

Last Saved by: Tony.pritchett on: Mar 17, 2015 12:55 PM Dwgs\04_S01-P.dwg

20

MEAN SEA LEVEL ELEV 3.72 FT

0+00

-15

-10

-5

0

5

HIGHEST MEASURED TIDE ELEV 11.51 FT 10

15

24"Ø PILE, TYP

0+50

TOP OF NEW WHARF DECK

700 NE Multnomah Street, Suite 900 Portland, Oregon 97232-4189 (503) 872-4100 FAX: (503) 872-4101

0+25

BOTTOM OF PILECAP ELEV 10.83 FT

18"Ø FENDER PILE

4'-0" WIDE PILECAP, TYP

A

PO Box 387 Astoria, Oregon 97103 (503) 325-7130 FAX: (503) 325-0174

SCALE: 1/8"=1'-0"

W

0 N. 2 3, 20

1

D A. W E L L

JA

AR

OREGON

R EN 48114PE

1+00

S,

PRELIMINARY

G I NE E

WHARF ELEVATION

0+75

EXIST GROUND

6" CONC. SLAB OVER 16" BALLAST OVER PRECAST DECK PANELS

III

25

PL

HO

4'-2"

1+50

HAW

DTJ

WHARF SECTION

FRONT ST WHARF

TNP DAW

NEW SIDEWALK

EXIST STREET

FRONT ST MARINE LLC

NOTE: ELEVATIONS ARE NAVD88 DATUM

1+25

PL

1+75

-15

-10

-5

0

5

10

15

20

25

4 OF 4

3/17/15

A15.0232.00

S-01

PERMIT SET

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

Corps of Engineers No: NWP-2015-38 Oregon Department of State Lands No:

Notice Issued: May 28, 2015 Written Comments Due: June 29, 2015

WHO IS THE APPLICANT: Front St. Marine, LLC., c/o Steve Webster, 113 SE Bay Boulevard., Newport, Oregon 97365 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: notice on the proposed project.

See attached U.S. Army Corps of Engineers public

WHERE TO FIND DOCUMENTS: 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, 2020 S.W. 4th Avenue, Suite 400, Portland, Oregon 97201-4953. Other project materials are available by contacting the Corps per the attached public notice. While not required, 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) 229-5552. 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 1-800735-2900.

Corps No. NWP-2015-38

Page 1 of 3

PUBLIC PARTICIPATION: 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 2020 S.W. 4th Avenue Suite 400 Portland, Oregon 97201-4953 Attn: 401 Water Quality Certification Coordinator Fax - (503) 229-6957 People wishing to send comments via e-mail should send them in Microsoft Word (through version 7.0), WordPerfect (through version 6.x) or plain text format. Otherwise, due to conversion difficulties, DEQ recommends that comments be mailed in hard copy. 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. ACCESSIBILITY INFORMATION: 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.

Corps No. NWP-2015-38

Page 2 of 3

PUBLIC NOTICE OREGON OCEAN AND COASTAL MANAGEMENT PROGRAM CONSISTENCY CERTIFICATION

Date: «TODAY» U.S. Army Corps of Engineers No: Corps No. NWP-2015-38 Oregon Department of State Lands No: «ODSL»

NOTIFICATION: 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.

REVIEW CRITERIA: 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.

INCONSISTENT? 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.

Corps No. NWP-2015-38

Page 3 of 3

Rough impact

We use the fields in this section to decide whether to conduct an in-depth review.

Permit Manager

Dates

Identity numbers

Permits, certifications, and locations related to this particular notice

History of edits

Data are available as CSV download in the following schemas