Coastal Consistency Determination (CCD) Concurrence Request
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Commanding Officer 1301 Clay Street, Suite 700N United States Coast Guard Oakland, CA 94612-5203 Civil Engineering Unit Oakland Staff Symbol: EMB Phone: (510) 637-5567 5090 12 May 2021 Deanna Caracciolo State-Federal Relations Coordinator, Oregon Coastal Managemment Program Oregon Department of Land Conservation and Development 635 Capitol Street NE, Suite 150 Salem, OR 97301-2540 Re: Coastal Consistency Determination for Coast Guard Station Cape Disappointment Maintenance Dredge and Disposal Project Dear Ms. Caracciolo: The US Coast Guard (CG) is submitting this Coastal Consistency Determination for the CG Station Cape Disappointment Maintenance Dredge and Disposal project. In accordance with Section 930.35(d) of the National Oceanic and Atmospheric Administration (NOAA) Federal Consistency Regulations (15 CFR 930), submittal of this Coastal Consistency Determination reflects CG’s commitment to comply, to the maximum extent practicable, with enforceable coastal policies and goals of the State of Oregon. The CG has determined that the proposed activity would be consistent with enforceable policies and goals under the Oregon Coastal Management Plan (OCMP) and would result in no adverse environmental impacts. In accordance with the Federal Coastal Zone Management Act of 1972, as amended, Section 307(c)(1), the enclosed Coastal Consistency Determination demonstrates that the proposed activity will be undertaken in a manner to minimize effects on coastal uses and resources. The CG respectfully requests your concurrence with its determination for the proposed project. When completed, please email a letter of concurrence to Mr. William Robinson, at [email protected]. If you have any questions or need additional information, please contact Mr. Robinson at (510) 205-4721. Sincerely, Constance Callahan Chief, Environmental Management Branch Civil Engineering Unit Oakland U.S. Coast Guard By direction of the Commanding Officer Encl: Coastal Consistency Determination, CG Station Cape Disappointment Coastal Consistency Determination (CCD) Concurrence Request Proposed Maintenance Dredge and Disposal at CG Station Cape Disappointment Pacific County, Washington 70Z08820FPQQ05400 Prepared for: US Coast Guard Civil Engineering Unit (CEU) Oakland 1301 Clay Street, Suite 700N Oakland, California 94612 Prepared by: Wood Environment & Infrastructure Solutions, Inc. 15862 SW 72nd Avenue, Suite 150 Portland, Oregon USA 97224 T: 503-639-3400 5/12/2021 Coastal Consistency Determination (CCD) Concurrence Request CG Station Cape Disappointment Maintenance Dredge and Disposal Table of Contents Overview .................................................................................................................................................................................................. 1 Description of Proposed Activities (within Oregon) .............................................................................................. 2 Public Participation ............................................................................................................................................................. 2 Best Management Practices ............................................................................................................................................ 2 Anticipated Coastal Zone Effects ................................................................................................................................................... 3 Water Quality ........................................................................................................................................................................ 4 Biological Resources ........................................................................................................................................................... 4 Consistency with the Enforceable Policies.................................................................................................................................. 5 Consistency with Statewide Planning Goals and Local Land Use Regulations ........................................... 5 Consistency with Local Land Use Regulations ......................................................................................................... 7 Consistency with State Agency Authorities .............................................................................................................17 List of Tables Table 1: Consistency with State Agency Enforceable Policies ........................................................................................ 18 List of Attachments Attachment A Federal Application Materials OR Approvals Joint Aquatic Resource Permit Application (JARPA), USACE PN, ESA and EFH Consultations, National Historic Preservation Act Section 106 Consultations (WA and OR), and Suitability Determination. Attachment B State Application Materials OR Approvals (Oregon Only) DSL Fill Application (Joint Permit Application [JPA]), DEQ Pre-File Form and CWA Section 401 Request, Portland District CWA Section 408 Attachment C Draft Final NEPA-compliant Environmental Assessment Attachment D Washington State 401 Application and Coastal Zone Management Request 5/12/2021 Page i Coastal Consistency Determination (CCD) Concurrence Request CG Station Cape Disappointment Maintenance Dredge and Disposal Coastal Zone Management Act (CZMA) Consistency Determination This document provides the State of Oregon with a Consistency Determination (Determination) under CZMA Section 307(c)(1) and (2) 15 Code of Federal Regulations (CFR) Part 930, Subpart C, for the proposed dredging of the mooring basin and travel lift areas at (and subsequent disposal of material from) U.S. Coast Guard (CG) Station Cape Disappointment (Station). The information in this Consistency Determination is provided pursuant to 15 CFR Section 930.39. The CZMA requires that federal agency activities affecting any use or resource of a State’s coastal zone must be consistent with the enforceable policies of the State’s federally approved coastal management program. The Department of Land Conservation and Development (DLCD) is the designated state agency that implements the Oregon Coastal Management Program (OCMP) and undertakes CZMA consistency review in Oregon. A complete Consistency Determination Request must include the following information: • A detailed description of the proposed activity and its associated facilities. • A discussion of anticipated coastal zone effects. Federal agencies may opt to use National Environmental Protection Act (NEPA) documents or other project-related documents to describe coastal effects. • Data and information sufficient to support the finding of consistency. • A brief statement indicating whether the proposed activity will be undertaken in a manner consistent to the maximum extent practicable with the enforceable policies of the OCMP. • An analysis of relevant enforceable policies and how the project is consistent or not consistent with them. This Consistency Determination represents an analysis of the proposed activity considering established enforceable policies and goals under the OCMP. Submittal of this Consistency Determination reflects CG’s commitment to comply, to the maximum extent practicable, with those policies and goals. The CG has determined the activity would be consistent with enforceable policies and goals under the OCMP and result in no adverse environmental impacts; further, the CG has provided the following summary and attached information to support the Determination. It should be noted that the CG has also provided a consistency review request for the dredge and disposal activity to the State of Washington Department of Ecology. Overview The Station is located at the mouth of the Columbia River approximately 1.8 miles south of Ilwaco, Washington and 11 miles northwest of Astoria, Oregon. The site for the proposed activity is the mooring basin, travel lift, and disposal locations. The CG is proposing to perform dredging to return the mooring basin and travel lift areas at the Station to operational depths needed to ensure safe vessel navigation, berthing, and access to the Station. Significant sediment shoaling is occurring at the Station, restricting vessel access to both piers and travel lift areas required to launch and moor vessels. Dredging at the Station would restore the operational depth of -10 feet mean lower low water (MLLW) plus an additional 2-foot overdredge (OD) allowance (to -12 feet MLLW). As part of the dredge activity, the CG is requesting 5/12/2021 Page 1 Coastal Consistency Determination (CCD) Concurrence Request CG Station Cape Disappointment Maintenance Dredge and Disposal approval for disposal of dredged materials and disposal of future maintenance dredging generated materials over a 10-year period (i.e., 2021-2031). Description of Proposed Activities (within Oregon) Two in-water disposal locations in Clatsop County, Oregon have been proposed: 1) Baker Bay Flowlane Disposal (BB-3), and 2) Flowlane Area D. The disposal areas are located within the Baker Bay-Columbia River sub-watershed situated at the mouth of the Columbia River in the southwest corner of Baker Bay. As such, the disposal activity is subject to consistency review by the State of Oregon under the CZMA. Sediments from the proposed dredging footprint were collected in October 2020 and analyzed under guidelines outlined in the Dredged Material Evaluation and Disposal Procedures User Manual (User Manual) prepared by the Dredged