You can copy from here when filling out the rest of the page.
Tyler Krug is the Regulatory point-of-contact for this permit application from Roguejets, Inc., to conduct work impacting multiple sites in the Rogue River from Gold Beach to Agness, Oregon.
PUBLIC NOTICE for Permit Application
Issue Date: February 3, 2016
Expiration Date: March 3, 2016
US Army Corps of Engineers No: NWP-2006-808-3
30-Day Notice Oregon Department of State Lands No: N/A
Interested parties are hereby notified the U.S. Army Corps of Engineers, Portland District (Corps) has received an application for a Department of the Army permit for certain work in waters of the United States, as described below and shown on the attached plans. The Corps is soliciting comments on the proposed work.
Applicant:Mr. Bill McNair
Roguejets, Inc.
P.O. Box 1011
Gold Beach, Oregon 97444
Email: bill@roguejets.com
Telephone: (541) 247-4571
Location:The project is located along the Rogue River, from mile 4.6 to RM 34.5, from Gold Beach to Agness, Curry County, Oregon. The sites are located in multiple townships, ranges, and sections as follows:
• Sections 1, 2 10, 11, 12, 15, 16, 17 of Township 36 South, Range 14 West
• Section 36 of Township 35 South, Range 14 West
• Sections 31, 32, 33, 34, 36 of Township 35 South, Range 13 West
• Sections 1, 2, 3 of Township 36 South, Range 13 West
• Sections 10, 11, 12, 13, 15, 16, 20, 21, 29, 30, 31 of Township 35 South, Range 12 West
• Sections 6, 7, 18 of Township 35 South, Range 11 West.
• Sections 8, 17, 18, 19, 30, 31 of Township 34 South, Range 11 West.
The individual dredging sites occur at 42 locations. See the attached public notice for those locations.
Waterway:Rogue River, mile 4.6-34.5, Curry County, Oregon.
Project Purpose: The applicant’s stated purpose is to maintain adequate vessel navigation clearance within the waterway.
Project Description:The applicant proposes to conduct maintenance dredging at 42 individual sites within the lower Rogue River to create adequate depth for his fleet of commercial jet boats which operate from the Gold Beach, Oregon area to the Marial, Oregon area.
Work at most of the sites would be conducted from the waterway using a vessel equipped with a hydrojet system. The hydrojet system uses water to reposition river sediments by jetting to create desired depths and dimensions keeping the aggregate in the river system. The Illahee dredging site would be accomplished with use of an excavator operating in the channel. Dredged sediments at Illahee are placed on an adjacent gravel bar and smoothed by heavy equipment to avoid fish stranding on the gravel bar. The Ilahee site is the only site proposed to be dredged with heavy equipment.
The channel at each of the sites would be a maximum of 30-feet wide, 36-inches deep, and 400-feet long. Approximately 1,333 cubic yards of river sediments are proposed to be re-deposited and discharged per site. All work would be confined to below the ordinary high water mark of the Rogue River. Work would be conducted from May 1 to September 30.
The dredge prisms have historically been maintained but are subject to localized horizontal shifts depending on annual changes in river channel configuration. On average, twelve sites are maintained annually. The dredging vessel utilizes public boat ramps to access the dredging sites.
Dredged Material Testing:The proposed dredged material may be evaluated in accordance with the Sediment Evaluation Framework for the Pacific Northwest (SEF) to determine the suitability of the sediment for unconfined, in-water disposal. The interagency Portland Sediment Evaluation Team (PSET) implements the SEF for the Corps Portland District. The Corps, in coordination with the PSET as applicable, will determine if sediment testing is required for this project. Project sediments may require physical, chemical, and/or biological testing to support the permit application evaluation. The proposed project includes future maintenance dredging. Prior to each maintenance dredging cycle the applicant may be required to coordinate with the Corps and the PSET to determine if additional sediment testing is required.
Mitigation: The applicant proposes to avoid and minimize impacts from the project by minimizing the total volume and area of material to be dredged to that necessary to maintain safe passage of vessels within the waterway, conducting in-water work during environmentally preferred time periods, by maintaining pollution control kit during operations, and by monitoring turbidity during dredging operations. The applicant did not propose compensatory mitigation in the permit application. The Corps will determine the type and amount of compensatory mitigation necessary to offset environmental losses from the proposed project.
Drawings: Eleven (11) drawings are attached and labeled Corps No. NWP-2006-808/3. Copies of this public notice, which have been mailed or otherwise physically distributed, feature project drawings in black and white. The electronic version features those drawings in color, which we think more accurately illustrates the proposed project. To access the electronic version of this public notice, go to the Portland District website at http://www.nwp.usace.army.mil/ and select Regulatory Branch Permit Information. At the Regulatory page select Regulatory Public Notices.
Additional Information:Annual maintenance dredging is required in specific locations of the lower Rogue River to facilitate vessel drafts for commercial purposes. Recreational users of the waterway benefit from commercial maintenance dredging. The applicant has maintained a permit with the Corps for approximately 10 years to conduct maintenance dredging within the lower Rogue River. Corps permit cycles are typically limited to five years in length.
Authority: The proposed project will be evaluated 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.
Clean Water Act Section 404(b)(1) Guidelines:The described discharge will be evaluated for compliance with guidelines promulgated by the U.S. Environmental Protection Agency under authority of Section 404(b)(1) of the Clean Water Act. The 404(b)(1) Guidelines are the substantive criteria used in evaluating discharges of dredged or fill material into waters of the United States.
Water Quality Certification:Section 401 of the Clean Water Act (33 U.S.C. 1341) requires applicants to obtain a water quality certification for proposed discharges into waters of the United States. A permit for the described work will not be issued until certification has been issued or is waived from the certifying state. Attached is the state's notice for a water quality certification.
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.
Endangered Species:Section 7 of the Endangered Species Act (ESA) (16 U.S.C 1536) requires federal agencies to consult with the National Marine Fisheries Service (NMFS) and/or U.S. Fish and Wildlife Service (USFWS) on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or that may adversely modify designated critical habitat. The Corps’ preliminary review indicates the described activity may affect an endangered or threatened species or designated critical habitat. The Corps will initiate consultation under Section 7 of the ESA. The Corps will complete the required consultation prior to finalizing a permit decision.
Essential Fish Habitat:Section 305(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) as amended (16 U.S.C 1855), requires 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 (EFH). The Corps’ preliminary review indicates the described activity would adversely affect EFH at the project location or in the vicinity. The Corps will initiate consultation under Section 305(b)(2) of the MSA. The Corps will complete the required consultation prior to finalizing a permit decision.
Historic Properties/Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), requires Federal agencies to consult with the appropriate State and/or Tribal Historic Preservation Officer to take into account the effects of actions they undertake or permit on historic properties listed in or eligible for listing in the National Register of Historic Places. The Corps’ preliminary review indicates to the best of our knowledge, 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. 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 (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 at the end of this notice to assist in a complete evaluation of potential effects.
State and Local Authorizations: The applicant has obtained approval from the Curry County Planning Department and would apply for other required governmental authorizations for the project including the Oregon Department of State Lands.
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.
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 the proposed project. 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.
Submitting Comments:Interested parties are invited to provide comments on the proposed project. Comments may be submitted by conventional mail or email. All comments received will be considered in determining whether authorizing the work would be contrary to the public interest.
Either conventional mail or e-mail comments must include the Corps reference number as shown on page 1 and include the commenter’s name and address. In order to be accepted, e-mail comments must originate from the author’s e-mail account and must include on the subject line of the e-mail message the Corps reference number. All comments received will become part of the administrative record and are subject to public release under the Freedom of Information Act including any personally identifiable information such as names, phone numbers, and addresses.
Additional information about the proposed project may be obtained from the Corps Project Manager listed below. All comments, whether by conventional mail or email, must be received no later than the expiration date of this public notice to ensure consideration. Comments should be submitted to the following mailing address or email address:
U.S. Army Corps of Engineers
Mr. Tyler J. Krug
North Bend Field Office
2201 North Broadway Suite C
North Bend, Oregon 97459-2372
Email: Tyler.J.Krug@usace.army.mil
Telephone: (541) 756-2097
PUBLIC NOTICE
Oregon Department of Environmental Quality (DEQ)
Water Quality 401 Certification
Notice Issued: February 3, 2016
Written Comments Due: March 3, 2016
Corps of Engineers No: NWP-2006-808/3
Oregon Department of State Lands No: N/A
WHO IS THE APPLICANT:Mr. Bill McNair
Roguejets, Inc.
P.O. Box 1011
Gold Beach, Oregon 97444
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.
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,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 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
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.
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.
PUBLIC NOTICE
OREGON OCEAN AND COASTAL MANAGEMENT PROGRAM
CONSISTENCY CERTIFICATION
Date: February 3, 2016
U.S. Army Corps of Engineers No: Corps No. NWP-2006-808/3
Oregon Department of State Lands No: N/A
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 Application for Permit. For further information, you may call DLCD at (503) 373-0050.
REVIEW CRITERIA:
Comments should address consistency with the applicable enforceable policies of the Oregon Coastal Management Program. These enforceable policies are found in 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.
A list of specific enforceable policies can be found at the following link:
http://www.oregon.gov/LCD/OCMP/Pages/OCMP_Enforceable-Policies.aspx
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.
Lower Rogue River I Curry County, Oregon
Mile Po int 35
lllahe Island
Foster Creek Rapids
Coon Rock Bridge
Shasta Costa Rapids
Lower Rogue River
New Riffle
Tom East Riffle
Western Orego n
Aubery Riffle
Slide Creek Riffle
Mile Point 17
Mile Point 10
Lobster Creek Bridge
+-Jimmy Davis
Bill Ash Riffle
Gillespie Riffle
Schneidau Riffle/
Jim Hunt
Canfield Riffle
Mile Point 3
Tidewater
Patterson Memorial
U.S. Highway 101
- _"\_ -
-----------~
-
Bridge---1~"'""l!K" ) ~.?!?_8.:,a,c!} - _ .......
.......
Pacific Ocean
Location Map
Ma intenance Dredging on the Lower Rogue River
20 I 5 Channel Location Map
ACOE Permit# 2006-808
DSL Permit# 45746-RF
NWP-2006-808/3
1 of 11
Enclosure
Location Map:
Rogue River Navigation Channel Sites
SITE
RIFFLE
RIVER MILE
LATITUDE
LONGITUDE
1
2
·3
Cann ery
Ferry Ho le
Canfie ld
Jim Hunt
Schne idau
Bill Ash
Gill espie
Jimmy Da vi s
Coffee Pot
Lob ste r Cree k
Shallow
Scow
Jenni ngs
W ill iam Mill er
Hawk ins
Silver Creek
Ann ie Lowery
Bacon Flat
Big Fish
Fry 's Landing
Lower Coa l
Upper Coal
Slide Creek
Sherman
Aubery
Tom East
Na il Keg
New
Bear
Bean
Bo iler
Peterman
Smithers
Lower Crooked
Upper Crooked
Wee
Smith
Hote l
Me rma id
Mil k Maid
C herry Fla t
lll ah e Island
4 .6
4 .8
5 .6
5 .8
6 .4
9.4
10 .2
10.6
10 .8
11. 0
11 .5
11 .6
11.8
12 .0
12 .6
14.4
15 .0
15.2
16 .1
16 .8
17.4
17 .5
17 .7
18.0
20 .0
20 .4
21 .5
22 .0
22 .5
22 .9
23.4
24.3
24 .8
25 .1
25.3
26 .0
26.4
26 .5
27. 1
27 .7
30 .8
34 .5
124/38/32.4 3
124/37/13 .54
124/35/73.66
124/34/80. 93
124/34/02.45
124/31 /96 .48
124/30/96.49
124/30/82 .61
124/30/33 .36
124/29/ 17 ' 56
124/28/31 .46
124/27/31.72
124/26/55 .23
124/1 5/56 .33
124/ 15/ 11 .22
124/23/65.81
124/22/61 .06
124/22/01 .24
124/12/37 .65
124/11/53.22
124/ 19/29 .10
124/19/28.00
124/19/16.87
124/17/87.03
124/09/49.04
124/09/04.57
124/08/27.93
124/07/59.79
124/07/27 .07
124/07/21.83
124/07/00.88
124/06/09.87
124/05/49 .51
124/09/ 16 .24
124/09/10.00
124/01/50.08
124/08/ 17.96
124/07 /78 .75
124/06/53 .86
124/06/06.72
124/03/39 .82
124/02/4 7.04
42/4 6/27 .19
42/4 6/53.4 5
42/4 6/68.39
42/4 6/56 .52
42/4 7/3 0.33
42/4 8/00.82
42/4 8/67 .61
42/4 9/63.34
42/4 9/78 .04
42/50/27 .09
42/50/ 12 .46
42/50/20 .33
42/50/2 8 .67
42/30/11. 91
42/2 9/55 .02
42/50/00 .58
42/4 9/50 .38
42/4 9/47 .34
42/2 9/3 2 .56
42/29/26 .56
42/49/79 .87
42/4 9/80 .00
42/50/06.82
42/50/78.24
42/31 /21 .13
42/31 /47 .7 1
42/32/19 .12
42/32/39 .90
42/33/ 12.27
42/33/20 .00
42/33/21 .5 9
42/33/29. 63
42/53/4 1 .29
42/56/ 10 .44
42/56/1 5 .00
42/33/2 3. 27
42/55 / 59 .50
42/55/7 4 .34
42/55/03 .72
42/55/4 7 .83
42/35/35 .80
42/38/39 .79
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
Corps No. NWP-2006-808/2
NWP-2006-808/3
2 of 11
Enclosure
Location Name:
Latitude:
Longitude:
R' ff le:_
£c. "" Ne. i di\ L\
Mile Point:
lo ·'f
- ~ '-l - o 'Z. · £l. .5
Lf.1.... - 4 -i- 1,0 · 3 3
1 "2...4
Sample Channel Prisms
Channel Width: 30 feet
Channel Depth: 36 inch
Channel Length:
"\ oo
Feet
Sample channel prisms are only intended to demonstrate
conditions which may exist at random sites sampled for this
application. Permittee cannot predict future channel prisms
resulting from annual high volume river flows.
4 ~CA~N
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Sample Overhead View Chan nel Prism
Rogue River Channel Diagram
US Army Corps of Engi neers Permit# 2006-808/3
Oregon Department of State Lands Permit# 45746 RF
GAAue..\
3 of 11
Scale 1"
= 100'
Enclosure
S~~\lC>~ 1=-(\ff-le_
Location Name:
Latitude:
Long itude:
l 1.. Y.
4
-
2. B -
'2- -
Mile Point:
l \· 5
~ l · Lt (p
S 0 - I "2.. · 4 \o
Sample Channel Prisms
Channel Width: 30 feet
Channel Depth: 36 inch
Channel Length:
356
S~~cli~e.. ~\ ~A~
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u~ F~est-SeR.\)ke....
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/
/
/
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/
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/
l?oc.~ ~~~\~c..
us VcPeS'\- ~\te.
Sample channel prisms are only intended to demonstrate
conditions which may exist at random sites sampled for this
application. Permittee cannot predict future channel prisms
resulting from annual high volume river flows .
Rogue River Channel Diagram
Sample Overhead View Channel Prism
US Army Corps of Engineers Permit# 2006-806/3
Oregon Department of State Lands Permit# 45746 RF
Scale 1" = 100'
NWP-2006-808/3
4 of 11
Enclosure
/ """' '
Location Name:
S\lde. CR._e.el~ ~ff.Le_
Latitude:
l
Longitude:
Mile Point
ll · 7
24"" \ q- tlo · &1
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Sample Channe-1 Prisms
Channel Width: 30 feet
Channel Depth: 36 inch
Channel Length:
80
~
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Sample channel prisms are only intended to demonstrate
conditions which may exist at random sites sampled for this
application. Permittee cannot predict future channel prisms
resulting from annual high volume river flows.
~ue..~'el\
Rogue River Channel Diagram
Sample Overhead View Channel Prism
US Army Corps of Engineers Permit# 2006-80813
Oregon Department of State Lands Permit# 45746 RF
Scale 1" = 100'
NWP-2006-808/3
5 of 11
Enclosure
CFS Agness, Oregon USGS Gauge
December 23, 1964 (294,511 CFS, Highest Recorded Flow)
February 7, 2015 (105,000 CFS, Most Recent Recorded Flow)
13,000
12,500
Maximum Permitted Channel Length: 400 feet
Average Channel Width: 30 feet
12,000
11,500
11,000
10,500
10,000
9,500
9,000
8,500
8,000
7,500
7,000
6,500
6,000
Potential Channel Site
5,500
30'
5,000
~~~~~~~~~~~~~~~~
4,500
4,000
3,500
Ordinary High Water
-----------------------------------------------------------------------------------------------------------------------------------
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2,500
2,000
1,500
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Rogue River Channel Diagram
US Army Corps of Engineers Permit# 2006-808/3
NWP-2006-808/3
Oreaon
Deoartment of State Lands Permit# 45746 RF
6 of 11
Enclosure
CFS Agness, Oregon USGS Gauge
13,000
12,500
December 23, 1964 (294,511 CFS, Highest Recorded Flow)
February 7, 2015 (105,000 CFS, Most Recent Recorded Flow)
12,000
Scale Vertical 1" 32 Inches
Horizontal 1" 4 Feet
=
11,500
Maximum Permitted Channel Length: 400 feet
Average Channel Width: 30 feet
.,
=
11,000
10,500
10,000
9,500
9,000
8,500
8,000
7,500
7,000
6,500
6,000
Completed Channel Site
5,500
~~~~~~~~~~~~~
5,000
30'
~~~~~~~~~~~~~
4,500
4,000
3,500
3,000
Ordinary High Water
Gravel Channel Berm
Gravel Channel Berm
2,500
2,000
1,500
1,000
500
Rogue River Channel Diagram
US Army Corps of Engineers Permit# 2006-808/3
NWP-2006-808/3
Oreaon
Deoartment of State Lands Permit# 45746 RF
7 of 11
River Le~E1_L ~-'-~00 CFS &_J ,509 CFS
'After ciia-nnel work comoleted'
Enclosure
NWP-2006-808/3
8 of 11
Enclosure
~\1
Rogue River Channel Diagram
lllahe Island Equipment Access Routes
US Army Corps of Engineers Permit# 2006-808/3
NWP-2006-808/3
Oregon
Department of State Lands Permit# 45746 RF
Route #1) lllahe Lodge Private Access by Landowner Permission
9 of 11from Billings Creek Camp Site. Excavator hauled on "low boy"
Enclosure
Route #2) USFS Access
using existing roads.
150'
150'
110'
115'
300'
75'
Scale 1" = 75'
Rogue River Channel Diagram
US Army Corps of Engineers Permit # 2006-808/3
NWP-2006-808/3
Oregon
Department of State Lands Permit # 45746 RF
10 of 11
Illahe Island
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Sample Overhead View Channel Prism
US Army Corps of Engineers Permit# 2006-808/3
Oregon Department of State Lands Permit# 45746 RF
Scal e 1" = 100'
NWP-2006-808/3
11 of 11
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Enclosure
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PUBLIC NOTICE
Application for Permit
Issue Date: February 3, 2016
Expiration Date: March 3, 2016
US Army Corps of Engineers No: NWP-2006-808/3
Oregon Department of State Lands No: N/A
30-Day Notice
Interested parties are hereby notified the U.S. Army Corps of Engineers, Portland District
(Corps) has received an application for a Department of the Army permit for certain work in
waters of the United States, as described below and shown on the attached plans. The
Corps is soliciting comments on the proposed work.
Applicant:
Mr. Bill McNair
Roguejets, Inc.
P.O. Box 1011
Gold Beach, Oregon 97444
Email: bill@roguejets.com
Telephone: (541) 247-4571
Location: The project is located along the Rogue River, from mile 4.6 to RM 34.5, from Gold
Beach to Agness, Curry County, Oregon. The sites are located in multiple townships, ranges,
and sections as follows:
·
·
·
·
·
·
·
Sections 1, 2 10, 11, 12, 15, 16, 17 of Township 36 South, Range 14 West
Section 36 of Township 35 South, Range 14 West
Sections 31, 32, 33, 34, 36 of Township 35 South, Range 13 West
Sections 1, 2, 3 of Township 36 South, Range 13 West
Sections 10, 11, 12, 13, 15, 16, 20, 21, 29, 30, 31 of Township 35 South,
Range 12 West
Sections 6, 7, 18 of Township 35 South, Range 11 West.
Sections 8, 17, 18, 19, 30, 31 of Township 34 South, Range 11 West.
The individual dredging sites occur at:
SITE
1
2
3
4
5
6
7
RIFFLE
Cannery
Ferry Hole
Canfield
Jim Hunt
Schneidau
Bill Ash
Gillespie
RIVER MILE
4 .6
4 .8
5.6
5.8
6.4
9.4
10.2
LATI TUDE
42.462719
42.465345
42.466839
42.465652
42.473033
42.480082
42.486761
LONGITUDE
-124.383243
-124.371354
-124.357366
-124.348093
-124.340245
-124.319648
-124.309649
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
Jimmy Davis
Coffee Pot
Lobster Creek
Shallow
Scow
Jennings
William Miller
Hawkins
Silver Creek
Annie Lowery
Bacon Flat
Big Fish
Fry's Landing
Lower Coal
Upper Coal
Slide Creek
Sherman
Aubery
Tom East
Nail Keg
New
Bear
Bean
Boiler
Peterman
Smithers
Lower Crooked
Upper Crooked
Wee
Smith
Hotel
Mermaid
Milk Maid
Cherry Flat
lllahe Island
10.6
10.8
11.0
11.5
11.6
11.8
12.0
12 .6
14.4
15.0
15.2
16.1
16.8
17.4
17.5
17.7
18.0
20.0
20.4
21.5
22.0
22.5
22.9
23.4
24 .3
24 .8
25 .1
25.3
26.0
26.4
26.5
27.1
27 .7
30.8
34.5
42.496334
42.497804
42.502709
42.501246
42.502033
42.502867
42.301191
42.295502
42.500058
42.495038
42.494734
42.293256
42.292656
42.497987
42.498000
42.500682
42.507824
42.312113
42.314771
42.321912
42.323990
42.331227
42.332000
42.332159
42.332963
42.534129
42.561044
42.561500
42.332327
42.555950
42.557434
42.550372
42.554783
42.353580
42.383979
-124.308261
-124.303336
-124.291756
-124.283 146
-124.273172
-124.265523
-124.155633
-124.151122
-124.236581
-124.226106
-124.220124
-124.123765
-124.115322
-124.192910
-124.192800
-124.191687
-124.178703
-124.094904
-124.090457
-124.082793
-124.075979
-124.072707
-124.072183
-124.070088
-124.060987
-124.054951
-124.091624
-124.091000
-124.015008
-124.081796
-124.077875
-124.065386
-124.060672
-124.033982
-124.024704
Waterway: Rogue River, mile 4.6-34.5, Curry County, Oregon.
Project Purpose: The applicant's stated purpose is to maintain adequate vessel navigation
clearance within the waterway.
Project Description: The applicant proposes to conduct maintenance dredging at 42
individual sites within the lower Rogue River to create adequate depth for his fleet of
commercial jet boats which operate from the Gold Beach, Oregon area to the Marial, Oregon
area.
Corps No. NWP-2006-808/3
Page 2 of 9
Work at most of the sites would be conducted from the waterway using a vessel equipped
with a hydrojet system. The hydrojet system uses water to reposition river sediments by
jetting to create desired depths and dimensions keeping the aggregate in the river system.
The Illahee dredging site would be accomplished with use of an excavator operating in the
channel. Dredged sediments at Illahee are placed on an adjacent gravel bar and smoothed
by heavy equipment to avoid fish stranding on the gravel bar. The Ilahee site is the only site
proposed to be dredged with heavy equipment.
The channel at each of the sites would be a maximum of 30-feet wide, 36-inches deep, and
400-feet long. Approximately 1,333 cubic yards of river sediments are proposed to be redeposited and discharged per site. All work would be confined to below the ordinary high
water mark of the Rogue River. Work would be conducted from May 1 to September 30.
The dredge prisms have historically been maintained but are subject to localized horizontal
shifts depending on annual changes in river channel configuration. On average, twelve sites
are maintained annually. The dredging vessel utilizes public boat ramps to access the
dredging sites.
Dredged Material Testing: The proposed dredged material may be evaluated in
accordance with the Sediment Evaluation Framework for the Pacific Northwest (SEF) to
determine the suitability of the sediment for unconfined, in-water disposal. The interagency
Portland Sediment Evaluation Team (PSET) implements the SEF for the Corps Portland
District. The Corps, in coordination with the PSET as applicable, will determine if sediment
testing is required for this project. Project sediments may require physical, chemical, and/or
biological testing to support the permit application evaluation. The proposed project includes
future maintenance dredging. Prior to each maintenance dredging cycle the applicant may
be required to coordinate with the Corps and the PSET to determine if additional sediment
testing is required.
Mitigation: The applicant proposes to avoid and minimize impacts from the project by
minimizing the total volume and area of material to be dredged to that necessary to maintain
safe passage of vessels within the waterway, conducting in-water work during
environmentally preferred time periods, by maintaining pollution control kit during operations,
and by monitoring turbidity during dredging operations. The applicant did not propose
compensatory mitigation in the permit application. The Corps will determine the type and
amount of compensatory mitigation necessary to offset environmental losses from the
proposed project.
Drawings: Eleven (11) drawings are attached and labeled Corps No. NWP-2006-808/3.
Copies of this public notice, which have been mailed or otherwise physically distributed,
feature project drawings in black and white. The electronic version features those drawings
in color, which we think more accurately illustrates the proposed project. To access the
electronic version of this public notice, go to the Portland District website at
http://www.nwp.usace.army.mil/ and select Regulatory Branch Permit Information. At the
Regulatory page select Regulatory Public Notices.
Additional Information: Annual maintenance dredging is required in specific locations of
the lower Rogue River to facilitate vessel drafts for commercial purposes. Recreational users
of the waterway benefit from commercial maintenance dredging. The applicant has
Corps No. NWP-2006-808/3
Page 3 of 9
maintained a permit with the Corps for approximately 10 years to conduct maintenance
dredging within the lower Rogue River. Corps permit cycles are typically limited to five years
in length.
Authority: The proposed project will be evaluated 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.
Clean Water Act Section 404(b)(1) Guidelines: The described discharge will be evaluated
for compliance with guidelines promulgated by the U.S. Environmental Protection Agency
under authority of Section 404(b)(1) of the Clean Water Act. The 404(b)(1) Guidelines are
the substantive criteria used in evaluating discharges of dredged or fill material into waters of
the United States.
Water Quality Certification: Section 401 of the Clean Water Act (33 U.S.C. 1341) requires
applicants to obtain a water quality certification for proposed discharges into waters of the
United States. A permit for the described work will not be issued until certification has been
issued or is waived from the certifying state. Attached is the state's notice for a water quality
certification.
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.
Endangered Species: Section 7 of the Endangered Species Act (ESA) (16 U.S.C 1536)
requires federal agencies to consult with the National Marine Fisheries Service (NMFS)
and/or U.S. Fish and Wildlife Service (USFWS) on all actions that may affect a species listed
(or proposed for listing) under the ESA as threatened or endangered or that may adversely
modify designated critical habitat. The Corps' preliminary review indicates the described
activity may affect an endangered or threatened species or designated critical habitat. The
Corps will initiate consultation under Section 7 of the ESA. The Corps will complete the
required consultation prior to finalizing a permit decision.
Essential Fish Habitat: Section 305(b)(2) of the Magnuson-Stevens Fishery Conservation
and Management Act (MSA) as amended (16 U.S.C 1855), requires 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 (EFH). The Corps'
preliminary review indicates the described activity would adversely affect EFH at the project
location or in the vicinity. The Corps will initiate consultation under Section 305(b)(2) of the
MSA. The Corps will complete the required consultation prior to finalizing a permit decision.
Corps No. NWP-2006-808/3
Page 4 of 9
Historic Properties/Cultural Resources: Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. 470), requires Federal agencies to consult with the
appropriate State and/or Tribal Historic Preservation Officer to take into account the effects of
actions they undertake or permit on historic properties listed in or eligible for listing in the
National Register of Historic Places. The Corps' preliminary review indicates to the best of
our knowledge, 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. 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 (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 at the end of this notice to assist in a complete evaluation
of potential effects.
State and Local Authorizations: The applicant has obtained approval from the Curry
County Planning Department and would apply for other required governmental authorizations
for the project including the Oregon Department of State Lands.
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.
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 the proposed project. 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.
Submitting Comments: Interested parties are invited to provide comments on the proposed
project. Comments may be submitted by conventional mail or email. All comments received
Corps No. NWP-2006-808/3
Page 5 of 9
will be considered in determining whether authorizing the work would be contrary to the
public interest.
Either conventional mail or e-mail comments must include the Corps reference number as
shown on page 1 and include the commenter's name and address. In order to be accepted,
e-mail comments must originate from the author's e-mail account and must include on the
subject line of the e-mail message the Corps reference number. All comments received will
become part of the administrative record and are subject to public release under the Freedom
of Information Act including any personally identifiable information such as names, phone
numbers, and addresses.
Additional information about the proposed project may be obtained from the Corps Project
Manager listed below. All comments, whether by conventional mail or email, must be
received no later than the expiration date of this public notice to ensure consideration.
Comments should be submitted to the following mailing address or email address:
U.S. Army Corps of Engineers
Mr. Tyler J. Krug
North Bend Field Office
2201 North Broadway Suite C
North Bend, Oregon 97459-2372
Email: Tyler.J.Krug@usace.army.mil
Telephone: (541) 756-2097
Corps No. NWP-2006-808/3
Page 6 of 9
PUBLIC NOTICE
Oregon Department of Environmental Quality (DEQ)
Water Quality 401 Certification
Notice Issued: February 3, 2016
Written Comments Due: March 3, 2016
Corps of Engineers No: NWP-2006-808/3
Oregon Department of State Lands No: N/A
WHO IS THE APPLICANT:
Mr. Bill McNair
Roguejets, Inc.
P.O. Box 1011
Gold Beach, Oregon 97444
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,
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 1-800735-2900.
Corps No. NWP-2006-808/3
Page 7 of 9
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
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.
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-2006-808/3
Page 8 of 9
PUBLIC NOTICE
OREGON OCEAN AND COASTAL MANAGEMENT PROGRAM
CONSISTENCY CERTIFICATION
Date: February 3, 2016
U.S. Army Corps of Engineers No: Corps No. NWP-2006-808/3
Oregon Department of State Lands No: N/A
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 Application for Permit. For further information, you may call DLCD
at (503) 373-0050.
REVIEW CRITERIA:
Comments should address consistency with the applicable enforceable policies of the
Oregon Coastal Management Program. These enforceable policies are found in 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.
A list of specific enforceable policies can be found at the following link:
http://www.oregon.gov/LCD/OCMP/Pages/OCMP_Enforceable-Policies.aspx
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-2006-808/3
Page 9 of 9