Permit 3. CZMA Federal Consistency Determination_USCG Station Siuslaw.pdf

i

Coastal Zone Management Act Consistency Determination:

United States Coast Guard Station Siuslaw River, Florence, OR – Construct Covered Mooring and Correct Shoreline Erosion at Station Siuslaw River

Contract No. 70Z05019DTETRAT07

December 2023 ii

Prepared for the U.S Coast Guard by

Tetra Tech, Inc.

1750 S Harbor Way, Suite 400

Portland, OR 97201

P 503.221.8636

F 503.227.1287 tetratech.com

Project # 100-WTR-T42147

USACE JPA Project # NWP-2023-651

Updated October 2023 by:

Campbell Environmental, LLC

28948 SW Meadows Loop P 503.680.8390

Wilsonville, OR 97070 campbellenviro.com iii

TABLE OF CONTENTS

1.0 Authority

2.0 Project Areas and Activities Subject to Determination

3.0 Project Purpose

4.0 Project Description

4.1 Landside Improvements

4.2 Shoreline Stabilization

4.3Waterside Improvements

5.0 Federal and State Agency Coordination

6.0 Conclusion

Appendix A – Enforceable Policies Analysis

Appendix B – Coastal Effects Evaluation

LIST OF FIGURES

Figure 2-1. Project Vicinity……………………………………………………………………….2

Figure 4-1. Preliminary design of typical section for the steel interlocking pile wall, with the top of the wall above the 50-year extreme tide level………...…………………………………..……4

APPENDICES

Appendix A – Enforceable Policies Analysis

Appendix B – Coastal Effects Evaluation iv

ACRONYMS

BA

BMP

CZMA

D13

EA

ESA

FS

HMT

IHA

JPA

LID

MMPA

NHPA

NOAA

NMFS

OCMP

ODFW

RBS

RM

SHPO

USACE

USC

USCG

USFWS

Biological Assessment

Best Management Practice

Coastal Zone Management Act

District 13

Environmental Assessment

Endangered Species Act

Feasibility Study

Highest Measured Tide

Incidental Harassment Authorization

Joint Permit Application

Low Impact Development

Marine Mammal Protection Act

National Historic Preservation Act

National Oceanic and Atmospheric Administration

National Marine Fisheries Service

Oregon Coastal Management Program

Oregon Department of Fish and Wildlife

River Boat Small

River Mile

State Historic Preservation Office

United States Army Corps of Engineers

United States Code

United States Coast Guard

United States Fish and Wildlife Service

1.0 Authority

The U.S. Coast Guard (USCG), District 13 (D13), is submitting this Consistency Determination for a construction and maintenance project to correct shoreline erosion and upgrade waterside facilities at the Siuslaw River Station in Florence, Oregon in accordance with the federal Coastal

Zone Management Act (CZMA) of 1972, as amended, 16 U.S. Code (USC) §1451, et seq.

2.0 Project Areas and Activities Subject to Determination

The project is located within areas defined as a “Coastal Zone” by the CZMA. A Coastal Zone is defined in CZMA §304(1) and 15 CFR §930.11(e) as “the area lying between the State of

Oregon border with the State of Washington on the north, to the State of Oregon border with the

State of California on the south, seaward to the extent of the state's jurisdiction as recognized by federal law, and inland to the crest of the Coast Range Mountains.”

The project would include improvements to the USCG Siuslaw River Station in Florence, Lane

County, Oregon to correct shoreline erosion and replace the covered mooring and appurtenant in-water structures at the Station. In 2018, a feasibility study (FS) was completed to compare alternative designs for shoreline correction. The preferred alternative had the least environmental impacts while satisfying the purpose and need for the action. The proposed action includes corrections to shoreline erosion including the installation of a steel interlocking pile wall.

Additionally, the existing covered mooring (boathouse), pier bridge, and debris boom would be demolished and reconstructed. The Siuslaw River Station is located on the east side of the

Siuslaw River at river mile (RM) 1.5 approximately 3 miles northeast of downtown Florence. In addition to improvements to the station, the USCG would need to temporarily moor two 47’

Motor Lifeboats and one 29’ Response Boat Small (RB-S II) in the City of Florence Marina during Station construction (Figure 2-1).

Figure 2-1. Project Vicinity

3.0 Project Purpose

The purposes of the proposed project are to correct shoreline erosion to improve safety and longevity of the Siuslaw River Station, and to provide facilities for housing and using equipment needed to ensure the USCG can fulfill its mission. A shoreline erosion study revealed that the foundation is threatened by river deepening. Without these shoreline erosion corrections and boathouse replacement actions, the Siuslaw River Station will become inoperable and the USCG safety response will be compromised. If use of the covered mooring at the Station was lost, the

Station would need to lease moorings elsewhere upriver which would significantly increase their response time and therefore potentially result in loss of life.

4.0 Project Description

The USCG is proposing to make waterside, shoreline, and landside improvements to the USCG

Station at Siuslaw River in Florence Oregon. Proposed waterside improvements include the demolition and replacement of the covered mooring, access pier bridge, and fixed debris screen.

Shoreline improvements include installation of a steel interlocking pile wall and slope stabilization. Landside improvements include stormwater infrastructure improvements.

4.1 Landside Improvements

Stormwater improvements will include minor modifications including some Low Impact

Development (LID) storm system features that will reduce erosion and sedimentation loss at the project site. No additional impervious surface area will be added as part of the project. The concept is to adjust the existing storm drainage system and convey the stormwater to a single outfall and discharge beyond the new sheet pile wall onto an energy dissipater. Existing drainage structures will be retrofitted with manufactured treatments such as filter inserts for water quality treatment and LID best management practices (BMPs) will be incorporated where feasible to meet the City of Florence stormwater design standards. BMPs included in final designs may include but would not be limited to bioswales with engineered soils/gravel and a subsurface drain to emphasize filtration, storage, and evaporation and transpiration before runoff is conveyed to the outfall. The project will likely result in a slight, net decrease in existing impervious surfaces.

The project will include the following onshore stormwater infrastructure improvements:

Addition of drainage swales with gravel trench drains to redirect runoff from the embankment and to slow down the surface flow and collect groundwater flow. The stormwater in the swale will discharge into the triangular soil nail wall catchment area prior to outfalling through a controlled outlet structure.

Addition of a trench drain to collect stormwater runoff currently flowing down the pier access driveway and over the embankment. The trench drain will redirect the runoff into a drainage structure which will release runoff at a controlled rate and prevent stormwater discharge onto the steep slope.

Retrofit or replacement of existing catch basins with water quality filtration unit(s) to treat runoff from impervious surfaces considered to be a significant source of pollutants in stormwater runoff, or pollution generating impervious surfaces (PGIS), before being conveyed and discharged from an outfall at the riprap layer. Filtration units specifically designed to capture specific pollutants such as zinc, copper, and sediments will be installed.

Reconstruction of drainage outlet structure including water quality filtration inserts.

A grassy swale underlain by a gravel trench will be installed along the top of the steep slope to collect lawn area surface sheet flows and shallow subsurface flows and convey them to the outfall onsite.

A surface-mounted storm outfall pipe anchored to the embankment slope will replace the existing outfall. The new outfall will discharge beyond the new sheet pile wall to an energy dissipater to prevent embankment erosion at the upper elevation.

Minor asphalt pavement repairs in the parking lot where the embankment failure occurred.

Shoreline stabilization including pile walls, a retaining wall and embankment reestablishment with native vegetation as described in the following section.

4.2 Shoreline Stabilization

Shoreline stabilization will be accomplished through construction of an upland, steel interlocking pile wall, with the top of the above-grade portion of the wall above the 50-year calculated extreme tide level (Error! Reference source not found.). The wall will run approximately 400 feet along the top of bank from approximately the north property line to the south property line, with approximately 30 foot returns inland and upslope at either end. The wall will implement a long-term solution by adding a rigid structure consisting of steel sheet or pipe piles, with grouted soil tie-back anchors located near the top of the wall, that would retain the slope sands, and mitigate negative scour effects on the soils landward of the wall. A drainage element (e.g., weep hole) through the wall at the elevation of the Paleosol contact with the Upper Dune Sand will allow the free draining retention system, such as a nonwoven geotextile or an open-graded aggregate filter, to relieve groundwater flow and prevent piping (loss) of dune sand material.

Figure 4-1. Preliminary design of a typical section for the steel interlocking pile wall, with the top of the wall above the 50-year extreme tide level.

Sheet or pipe pile installation would be a combination of auger predrilling and/or hydraulic press-in installation, as opposed to driven or vibratory installation approaches, which were determined to be less desirable as primary methods of installation, considering the hardness of the Lower Dune Sand layer and the potential for negative impacts to the marginally unstable slope. The wall is planned to be installed above HMT, just upslope of the existing riprap installed in 2016, which will be disturbed as little as possible. It should be noted that scour forces in the river at this location are significant and have changed the depth of the riverbed to a great extent in this location over the last sixty years. It is entirely possible that future scour will remove more bank material and remove or relocate the riprap and leave a more significant wall height exposed on the river side. The wall will be structurally designed for this potential future retained height.

Upslope of the proposed pile wall, protection against seepage-induced erosion and washout of lower sands will be provided to prevent undermining and erosion of the silt layer. The sand slope above the wall will be graded to maximum slope of 2H:1V and stabilized and protected through application of a geocell cellular confinement geotextile, nonwoven geotextile filtration system with granular stone embankment material, biotic soil media planted with native vegetation or a combination thereof. Several surface swales with gravel trench drains will be added to divert surface runoff from sheet-flowing down the embankment and channeling them to the existing underground storm drain system. The existing outfall at the downstream end of the stormwater system will be extended with a pipe that will be placed at-grade with cutoff concrete collars and outfall beyond the new wall.

A second, smaller wall is proposed near the crest of the slope at the edge of the existing parking lot in the southwest corner of the property. This wall will be a cantilevered design, with the pile embedment taking into consideration the regraded slope of 2H:1V.

4.3Waterside Improvements

The Station’s existing covered mooring, bridge, and debris boom will be demolished, and all piles will be removed. Piles supporting the boathouse to be removed include the original timber vertical piles and timber batter piles installed in 1969, and steel H-piles installed in 2008.

Demolition debris and materials will be transported to a permitted landfill and/or recycling facility. In total, approximately 71 piles will be removed by vibratory hammer. A conservative estimate for vibratory extraction is 15 minutes per pile. If any timber piles break during removal, the remaining portion of the broken piles will be cut two feet below the mud line. Removed piles will be disposed of in an upland location.

The following new facilities will be constructed: a 4,730 square foot (SF), two-bay covered mooring, including an interior floating dock for two 47’ MLBs, a mezzanine and deck space for engineering shop, storage, PPE and HAZMAT; a 1,220 SF pedestrian bridge, including a small marine diesel fueling platform; a 520 SF exterior floating dock; and a vertical debris screen .

Total overwater structures will cover approximately 6,500 SF. It is estimated that up to 79 replacement steel piles will be necessary to reconstruct the boathouse, floating docks, bridge, and debris screen. The new piles will be 16-inch to 20-inch steel pipe piles filled with concrete, and/or 14-inch steel H-Piles which will be installed by vibratory driving and driven to the final tip elevation by impact strikes after the initial vibratory set. The exact sizes and quantities of pipe piles used will be determined through the remaining design iterations. The new pier access and debris screen will be constructed in approximately the same footprint as the existing structures to minimize riverbed soil disturbance and shadowing from overwater structures. The new covered mooring footprint will be approximately 1,800 SF larger than the existing structure. The southeast corner will be placed in the same location but the west end of the structure will extend

30 ft further out into the Siuslaw River to accommodate the two 47 ft MLB’s. The existing covered mooring width is insufficient for mooring the two 47 ft MBLS’s. This will result in additional shadowing compared to existing conditions.

To mitigate for the additional pilings (approximately eight), and expansion of the covered mooring (approximately 1,800 square feet), the Applicant is proposing to purchase 2,000 square feet of estuarine credits from the Wilbur Island Mitigation Bank, and is currently coordinating with the Oregon Department of State lands on the credit approval and purchase. Estuarine wetlands have historically been degraded and lost in the Siuslaw watershed.

5.0 Federal and State Agency Coordination

The USCG is required to consult with the National Marine Fisheries Service (NMFS) due to the potential effects on Endangered Species Act (ESA)-listed anadromous fish species. The Oregon-

Washington Coastal Area Office of NMFS in Lacey, Washington is anticipated to oversee consultation for this project. To remain in compliance with the Marine Mammal Protection Act

(MMPA), an Incidental Harassment Authorization (IHA) will be sought from the National

Oceanic and Atmospheric Administration (NOAA). Consultation will also take place with the

Oregon Department of Fish and Wildlife (ODFW). To meet water quality compliance regulations, coordination with the United States Army Corps of Engineers (USACE) and Oregon

Department of State Lands will take place. Coordination with the Oregon State Historic

Preservation Office (SHPO) will take place to comply with section 106 of the National Historic

Preservation Act (NHPA). The USCG under the proposed action will comply with any monitoring and mitigation measures identified as requirements and any required permits will be acquired prior to the start of construction activities.

The USCG has found the proposed project to be in compliance with all enforceable policies relevant to the CZMA. A detailed list of enforceable policies as well as the project compliance analysis can be found in Appendix A.

6.0 Conclusion

The USCG has determined that the proposed project is consistent to the maximum extent practicable with all enforceable policies of the Oregon Coastal Management Program (OCMP), pursuant to the requirements of the CZMA. While the proposed project could have potential coastal effects, the action is in compliance with all federal and state laws and the USCG will acquire all permits required for these actions to take place. This consistency determination is based on analyses prepared in other environmental regulatory reports including a draft

Environmental Assessment (EA), a Biological Assessment (BA), and an MMPA IHA.

December 2023

Appendix A – Enforceable Policies Analysis

Page of

ENFORCEABLE POLICY REPORT

Generated on

12/7/2023

Project Name:

Siuslaw USCG

Project Number:

100-WTR-T42147

Total Enforceable Policies:

Local Comprehensive Plan / Land Use Regulations (Statewide Planning Goals 1-18)

Authority & Enforceable Policies Coastal Effects How Project Complies

City of Florence Comprehensive Plan

Coastal effects, including effects to natural resources, cultural resources, coastal economies, aesthetics, and recreation/public access, have been addressed in the project Environmental Assessment (EA) and found to be less than significant.

Any potential direct and indirect environmental effects during construction such as in-water noise, and increased turbidity will be reduced as much as possible and Best Management Practices (BMPs) will be followed to minimize such effects. These effects will be minor and temporary. No long-term environmental effects are expected.

The proposed project will be consistent with the Comprehensive Plan and local land use regulations of the City of Florence’s Residential, Waterfront Marine, Conservation Estuary, and Development Estuary zones. To comply with Chapter 5: Scenic, Historic, and Natural Resources, and to minimize impacts to plants, fish, and wildlife, consultation will take place with the National Marine Fisheries Service (NMFS), the U.S. Fish and Wildlife Service (USFWS), and the Oregon Department of Fish and Wildlife (ODFW). All potential biological impacts will be mitigated.

To comply with section 7 of the Endangered Species Act (ESA) a Biological Assessment (BA) has been created. The proposed project area does not contain any wetlands and there are no public recreation areas or forests within the proposed project area. The U.S. Coast Guard (USCG) has completed coordination with the OR State Historic Preservation Officer (SHPO) for cultural and historic resources and is in compliance with section 106 of the National Historic Preservation Act (NHPA).

The USCG will comply with the Clean Water Act (CWA) and obtain a Section 401 water quality certificate from the Oregon Department of Environmental Quality (DEQ). The USCG will attain authorization under Section of the

Rivers and Harbors Act of 1899, which regulates placement of structures in navigable waters. All permitted uses within Chapter 17:

Coastal Shorelands Management Units (MUs) will be followed. The proposed project is in compliance with the City of Florence’s Comprehensive Plan.

City of Florence Zoning Code economies, aesthetics, and recreation/public access, have been addressed in the EA and found to be less than significant.

Any potential direct and indirect environmental effects during construction such as in-water noise and increased turbidity will be reduced as much as possible and BMPs will be followed to minimize such effects. These effects will be minor and temporary. No long-term environmental effects are expected.

The proposed project will be consistent with the Comprehensive Plan and local land use regulations of the City of Florence’s Residential, Waterfront Marine, Conservation Estuary, and Development Estuary zones.

The project complies with the City of Florence title 10 zoning code, particularly the most relevant chapters, Chapter 10: Residential Districts, Chapter 19: Estuary, Shorelands, and Beaches and Dunes, and Chapter 24:

Waterfront-Marine District. If needed, a Resource Capability Assessment will be prepared and submitted to the city to comply with zoning regulations within a Conservation Estuary. This project is in compliance with the City of Florence Zoning Code.

Lane County Land Use and Development Code economies, aesthetics, and recreation/public access, have been addressed in the EA and found to be less than significant.

Any potential direct and indirect environmental effects during construction such as in-water noise and increased turbidity will be reduced as much as possible and BMPs will be followed to minimize such effects. These effects will be minor and temporary. No long-term environmental effects are expected.

The proposed project is in compliance with the Lane County Code Chapter 16: Land Use and Development Code. The proposed project is within the City of Florence’s city limits so zoning regulations are governed by the City of Florence. The proposed project will comply with all permitted uses within the assigned zones. The proposed project is in compliance with the Lane County Land Use and Development Code.

Lane County Rural Comprehensive Plan economies, aesthetics, and recreation/public access, have been addressed in the EA and found to be less than significant.

Any potential direct and indirect

The proposed project complies with the Lane County Rural Comprehensive Plan especially the most pertinent chapters, Chapter 5: Open Spaces, Scenic and History Areas and Natural Resources, Chapter 6: Air, Water and Land Resources, Chapter 11: Public Facilities and Services, Chapter 16: Estuarine Resources, environmental effects during construction such as in-water noise and increased turbidity will be reduced as much as possible and BMPs will be followed to minimize such effects. These effects will be minor and temporary. No long-term environmental effects are expected.

and lastly Chapter 17: Coastal Shorelands. To minimize impacts to plants, fish, and wildlife, consultation will take place with the NMFS, the USFWS, as well as ODFW. All potential biological impacts will be mitigated. To comply with section 7 of the ESA a BA has been created. To protect historic resources, the USCG has completed coordination with the SHPO to comply with section 106 of the NHPA. The project will follow standard BMPs to prevent air quality and water quality impacts. The project will be in compliance with state and federal laws including the CAA and CWA. A section 401 water quality certificate will be obtained from DEQ prior to completing the final design plans, and the USCG will apply for a new or updated NPDES permit, if needed. The USCG will comply with permitted uses within the estuary designations.

The proposed project is in compliance with the Lane County Rural Comprehensive Plan.

State Agency Authorities

Authority & Enforceable Policies Coastal Effects How Project Complies

ORS 196: Regulation of Wetlands

.687 Regulation of alteration or fill of artificially created wetlands

.816 General permits allowing removal of certain amount of material for maintaining drainage; rules; waiver of fees

.817 General permits; rules

.818 Wetland delineation reports; review by Department of State Lands; fees

.678 Wetland conservation plans; contents; procedure for adopting

.681 Duties of department; standards for approval of plan;

conditions for approval; order.

.682 Permits required for removal or fill; conditions on issuance of permit.

.825 Criteria for issuance of permit; conditions; consultation with public bodies; hearing; appeal.

.860 Enforcement powers of director

.865 Revocation, suspension or refusal to renew permit

.870 Abatement proceedings; restraining order; injunction; public compensation

.875 Double and treble damages for destruction of public right of

There will be no effect on wetlands and there will be no dredging activities or impacts. During in-water construction activities, there is the potential for short-term impacts to water quality however they will be minor and the implementation of standard BMPs will reduce potential impacts.

The proposed project does not contain wetlands and will therefore have no effect on existing wetlands. A wetland delineation field survey and accompanying report have been completed and submitted to the U.S. Army Corps of Engineers (USACE) and Oregon Department of State Lands (OR DSL). There will be no dredging activities. The proposed project is in compliance with ORS 196.

https://www.oregonlegislature.gov/bills_laws/archive/2017ors196.pdf https://www.oregonlegislature.gov/bills_laws/archive/2017ors196.pdf https://www.oregonlegislature.gov/bills_laws/archive/2017ors196.pdf https://www.oregonlegislature.gov/bills_laws/archive/2017ors196.pdf https://www.oregonlegislature.gov/bills_laws/archive/2017ors196.pdf https://www.oregonlegislature.gov/bills_laws/archive/2017ors196.pdf https://www.oregonlegislature.gov/bills_laws/archive/2017ors196.pdf https://www.oregonlegislature.gov/bills_laws/archive/2017ors196.pdf https://www.oregonlegislature.gov/bills_laws/archive/2017ors196.pdf https://www.oregonlegislature.gov/bills_laws/archive/2017ors196.pdf https://www.oregonlegislature.gov/bills_laws/archive/2017ors196.pdf https://www.oregonlegislature.gov/bills_laws/archive/2017ors196.pdf https://www.oregonlegislature.gov/bills_laws/archive/2017ors196.pdf https://www.oregonlegislature.gov/bills_laws/archive/2017ors196.pdf https://www.oregonlegislature.gov/bills_laws/archive/2017ors196.pdf https://www.oregonlegislature.gov/bills_laws/archive/2017ors196.pdf https://www.oregonlegislature.gov/bills_laws/archive/2017ors196.pdf https://www.oregonlegislature.gov/bills_laws/archive/2017ors196.pdf https://www.oregonlegislature.gov/bills_laws/archive/2017ors196.pdf navigation, fishery or recreation; costs and attorney fees

.890 Civil penalties

.895 Imposition of civil penalties

.900 Schedule of civil penalties; rules; factors to be considered in imposing civil penalties

ORS 468A: Air Quality

.005 Definitions for air pollution laws

.010 Policy

.020 Application of air pollution laws

.025 Air purity standards; air quality standards; treatment and control of emissions; rules

.040 Permits; rules

.045 Activities prohibited without permit; limit on activities with permit

.050 Classification of air contamination sources; registration and reporting of sources; rules; fees

.055 Notice prior to construction of new sources; order authorizing or prohibiting construction; effect of no order; appeal

.060 Duty to comply with laws, rules and standards

.070 Measurement and testing of contamination sources; rules

.075 Variances from air contamination rules and standards;

delegation to local governments; notices

.350 Definitions for ORS 468A.350 to 468A.400

.355 Legislative findings

.363 Purpose of ORS 468A.363, 468A.365, 468A.400 and 815.300

.375 Notice to state agencies concerning certifications

.395 Bond or letter of credit; remedy against person licensed under ORS 468A.380; cancellation of license

.400 Fees; collection; use

.410 Administration and enforcement of rules adopted under ORS 468A.405

.415 Legislative findings

.455 Police enforcement

.460 Policy

.465 Certification requirements for new solid fuel burning devices;

rules

.485 Definitions for ORS 468A.460 to 468A.515

.490 Residential Solid Fuel Heating Air Quality Improvement Fund; uses

.495 Prohibition on installation of used solid fuel burning devices;

exceptions; rules

.500 Prohibition on sale of noncertified solid fuel burning devices;

rules

.505 Removal; exceptions; confirmation of removal; rules

The proposed action was found to have minimal impacts on air quality in the project area.

The project area is located in an attainment area and the proposed project would not affect that designation.

https://www.oregonlegislature.gov/bills_laws/archive/2017ors196.pdf https://www.oregonlegislature.gov/bills_laws/archive/2017ors196.pdf https://www.oregonlegislature.gov/bills_laws/archive/2017ors196.pdf https://www.oregonlegislature.gov/bills_laws/archive/2017ors196.pdf https://www.oregonlegislature.gov/bills_laws/archive/2017ors196.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468b.pdf https://www.oregon.gov/lcd/OP/Documents/goal16.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468b.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468b.pdf https://www.oregon.gov/lcd/OP/Documents/goal16.pdf https://secure.sos.state.or.us/oard/displayDivisionRules.action https://secure.sos.state.or.us/oard/displayDivisionRules.action https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/archive/2017ors520.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468b.pdf https://secure.sos.state.or.us/oard/viewSingleRule.action https://secure.sos.state.or.us/oard/viewSingleRule.action https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors273.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors273.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors273.pdf https://secure.sos.state.or.us/oard/displayDivisionRules.action https://secure.sos.state.or.us/oard/displayDivisionRules.action https://www.oregonlegislature.gov/bills_laws/Archive/2013ors537.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://archives.oregonlegislature.gov/ORS_Archives/1991-Chapter-527.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468b.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468b.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors273.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors273.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors537.pdf

.515 Residential solid fuel heating curtailment program requirements; exemptions; rules

.625 Definitions for ORS 468A.630 to 468A.645

.630 Legislative findings

.635 Restrictions on sale, installation and repairing of items containing chlorofluorocarbons and halon; rules

.640 Department program to reduce use of and recycle compounds

.645 State Fire Marshal; program; halons; guidelines

.650 Legislative findings

.655 Prohibition on sale or promotion; exemption for medical use

.660 Wholesale transactions permitted

.700 Definitions for ORS 468A.700 to 468A.760

.705 Legislative findings

.707 Asbestos abatement program; rules; contractor licensing;

worker certification

.710 License required for asbestos abatement project

.715 Licensed contractor required; exception

.720 Qualifications for license; application

.725 Grounds for license suspension or revocation

.730 Worker certificate required; qualifications; renewal application; suspension or revocation

.735 Alternatives to protection requirements; approval

.740 Accreditation requirements; rules

.745 Rules; variances; training; standards; procedures

.750 Fee schedule; waiver; disposition; rules

.755 Exemptions

.760 Content of bid advertisement

.775 Indoor air quality sampling; accreditation and certification programs

.780 Schedule of fees; accreditation and certification programs;

rules

.785 Pilot programs

.793 Goal to reduce excess lifetime risk of cancer due to exposure to diesel engine emissions

.795 Definitions

.796 School buses; retrofitting of engines; replacement

.797 Standards for certified cost of qualifying repower or retrofit;

rules

.799 Standards for qualifying repower of nonroad diesel engine or retrofit of diesel engine; rules

.801 Clean Diesel Engine Fund; interest

.803 Uses of Clean Diesel Engine Fund; rules

ORS 468: Environmental Quality Generally The project includes BMPs to minimize air quality and water quality impacts. Any

The proposed project area is within an attainment area and complies with federal and https://secure.sos.state.or.us/oard/displayDivisionRules.action https://secure.sos.state.or.us/oard/displayDivisionRules.action https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors564.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors537.pdf https://secure.sos.state.or.us/oard/displayDivisionRules.action https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors537.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors537.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors537.pdf https://secure.sos.state.or.us/oard/viewSingleRule.action https://www.oregonlegislature.gov/bills_laws/Archive/2013ors537.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors537.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors537.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors537.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors537.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors537.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468b.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf

.936 Unlawful air pollution in the second degree

.939 Unlawful air pollution in the first degree

.941 Determination of number of punishable offenses under ORS

468.936 and 468.939

.942 Unlawful water pollution in the second degree

.946 Unlawful water pollution in the first degree

.949 Determination of number of punishable offenses under ORS

468.943 and 468.946

.951 Environmental endangerment environmental quality impact would be minor and would not affect Lane County’s air quality attainment status.

state air quality standards and water quality standards. BMPs are in place to prevent and minimize any air quality and water quality impacts. A Section 401 water quality certificate will be obtained from the DEQ prior to project construction, as well as an NPDES permit, if needed. The USCG will comply with all federal and state requirements related to water and air pollution.

ORS 465: Hazardous Waste and Materials

.003 - .037 Reduction of use of toxic substances and hazardous waste generation

.101 - .108 Bulk petroleum product withdrawal regulation

.200 - .455 Removal or remedial action (generally)

.475 - .482 Removal or remedial action (Oregon environmental cleanup assistance)

.500 - .555 Removal or remedial action (cleanup of contamination resulting from dry cleaning facilities)

.900 - .992 Civil penalties

The Proposed Action was found to have minimal impacts associated with hazardous waste and materials. There is potential for short term impacts during construction activities but these will be minor and BMPs will be followed to avoid these.

The USCG will develop a Spill Prevention and Response Plan (SPRP) and comply with all federal and state regulations for storing, using, and transporting hazardous materials including creating and maintaining an emergency response plan in case of accidental release.

ORS 454: Sewage Treatment and Disposal Systems

.605 Definitions for ORS 454.605 to 454.755

.607 Policy

.610 Regulation of gray water discharge; permit; rules

.655 Permit required for construction; application; time limit;

special application procedure for septic tank installation on parcel of 10 acres or more

.657 Variance from subsurface sewage disposal system rules or standards; conditions; hearing

There will be no impact to sewage infrastructure.

There will be no effects to the existing sewage infrastructure within the project area. Facilities used during temporary staff relocation to the Florence City Pier will discharge into existing sewage infrastructure and will not require new infrastructure. The proposed project is in compliance with ORS 454.

ORS 468b: Water Quality

.005 Definitions for water pollution control laws

.015 Policy

.020 Prevention of pollution

.025 Prohibited activities

.040 Certification of hydroelectric power project; comments of affected state agencies

.045 Certification of change to hydroelectric power project;

notification of federal agency

.046 Reauthorization of hydroelectric project not to limit authority of department related to certification of project for water quality purposes

.048 Rules for standards of quality and purity; factors to be considered; meeting standards

.050 Water quality permit; issuance by rule or order; rules

No dredging activities will occur in the proposed project. In-water construction activities have the potential to cause short-term minor water quality impacts. BMPs will be followed to reduce water quality impacts. There will be no long-term impacts to water quality.

The project will follow standard BMPs to prevent water quality impacts. The project will be in compliance with state and federal laws including the CWA. A section 401 water quality certificate will be obtained from DEQ prior to completing the final design plans, and the USCG will apply for a new or updated NPDES permit, if needed.

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.052 Fees for water quality permit to operate suction dredge

.055 Plans and specifications for disposal, treatment and sewerage systems

.060 Liability for damage to fish or wildlife or habitat; agency to which damages payable

.070 Prohibited activities for certain municipalities

.075 Definitions for 468B.080

.080 Prohibitions for relating to garbage or sewage dumping into waters of the state

.083 When motor vehicle parts may be placed in waters of state;

rules

.085 Depositing vehicles or manufactured structures into water prohibited

.090 Permit authorized for discharge of shrimp and crab processing byproducts; conditions

.093 General permit for discharge of geothermal spring water to surface water

.095 Use of sludge on agricultural, horticultural or silvicultural land; rules

.120 Definitions for 468B.120 to 468B.135

.125 Policy to reduce phosphorous pollution

.130 Prohibition on sale or distribution of cleaning agents containing phosphorous; rules

.135 Exemptions

.150 Definitions for 468B.150 to 468B.190

.155 State goal to prevent ground water contamination

.160 Ground water management and use policy

.300 Definitions for 468B.300 to 468B.500

.305 Entry of oil into waters of state prohibited; exceptions

.310 Liability for violation of 468B.305; exceptions

.315 Duty to collect and remove oil; dispersal of oil

.320 Action by state; liability for state expense; order; appeal

.337 Liquefied natural gas

.345 Oil spill contingency plan required to operate facility or covered vessel in state or state waters; exceptions

.350 Standards for contingency plans; oil spill response zones;

rules

.355 Contingency plans; participation in maritime association; lien;

liability of maritime association; exemption from liability

.360 Review of contingency plan

.365 Plan approval; change affecting plan; certificate of approval

.370 Determination of adequacy of plan; practice drills; rules

.375 Inspection of facilities and vessels; coordination with State of Washington

.380 Tank vessel inspection program; rules https://www.oregonlegislature.gov/bills_laws/Archive/2013ors537.pdf https://archives.oregonlegislature.gov/ORS_Archives/1991-Chapter-527.pdf https://archives.oregonlegislature.gov/ORS_Archives/1991-Chapter-527.pdf https://secure.sos.state.or.us/oard/viewSingleRule.action https://secure.sos.state.or.us/oard/viewSingleRule.action https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468b.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468b.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468b.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468b.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468b.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468b.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468b.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468b.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468b.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468b.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors537.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors537.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors537.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors537.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors537.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468b.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468b.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468b.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468b.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468b.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors537.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors537.pdf https://www.oregonlegislature.gov/bills_laws/archive/2001ors465.pdf https://www.oregonlegislature.gov/bills_laws/archive/2001ors465.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468b.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468b.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468b.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468b.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468b.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468b.pdf https://www.oregonlegislature.gov/bills_laws/archive/2001ors465.pdf

.385 Modification of approval of contingency plan; revocation of approval; violation

.390 Compliance with federal Oil Pollution Act of 1990; proof of financial responsibility

.450 Willful or negligent discharge of oil; civil penalty; authority of director to mitigate

.460 Rules

.475 Legislative finding; need for evidence of financial assurance for ships transporting oil

.485 Methods of establishing financial assurance

Statewide Planning Goal 2: Land Use Planning

Guidelines

There will be no impact on land use since the land use designation will not change.

To comply with statewide planning goal 2, the proposed action will be consistent with local land use guidelines and the allowed uses of the City of Florence’s Residential, Waterfront Marine, Conservation Estuary, and Development Estuary zones. The project also complies with land use guidelines for the proposed project management units set forth in the City of Florence comprehensive plan.

The proposed project will remain consistent with previous USCG land use activities.

Statewide Planning Goal 6: Air, Water, and Land Resources Quality

Guidelines

No dredging activities will occur in the proposed project. In-water construction activities may cause short-term minor impacts associated with turbidity. BMPs will be followed to reduce water quality impacts. There will be no long-term impacts to water quality. The proposed project was found to have minimal impacts on air quality. The proposed project will continue to use the space under the same previous land use designation. There will be no impact to land resources.

The project will follow standard BMPs to prevent water quality, and air quality impacts.

The project will remain in compliance with state and federal laws such as the CWA and CAA. A section 401 water quality certificate will be obtained from the DEQ. The proposed project is in compliance with statewide planning goal 6.

Statewide Planning Goal 8: Recreational Needs

Definitions

Short-term impacts to recreation will be minor as recreational activities within the vicinity of the project area will be limited during construction. There will be no long-term impacts to recreational activities.

There are no public recreational areas within the proposed project area. The waterway adjacent to the project area is subject to occasional in-water recreational activities such as personal watercraft use, fishing, bird watching and more. The proposed project will have no effect on recreational needs of the community.

Statewide Planning Goal 17: Coastal Shorelands

Identification of Coastal Shorelands

Coastal Shoreland Uses

Permissible Nonwater-Dependent Uses

There will be minimal to no impact to coastal shorelands since the land use designation will remain the same. There will be little to no impacts to water quality, The proposed project will remain consistent with previous land use and will continue to comply with federal and state laws.

Consultation with agencies (NMFS, USFWS, https://www.oregonlegislature.gov/bills_laws/Archive/2013ors537.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors537.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors468a.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors537.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors537.pdf https://www.oregonlegislature.gov/bills_laws/Archive/2013ors537.pdf…