Joint Permit
Application Form
US Army Corps
Of Engineers (Portland District)
DATE STAMP
AGENCIES WILL ASSIGN NUMBERS
Corps Action ID Number
Oregon Department of State Lands No
SEND ONE SIGNED COPY OF YOUR APPLICATION TO EACH AGENCY
US Army Corps of Engineers:
DSL - West of the Cascades:
DSL - East of the Cascades:
Send DSL Application Fees to:
District Engineer
State of Oregon
State of Oregon
State of Oregon
ATTN: CENWP-OD-GPPO
Department of State Lands
AND
Box 2946
775 Summer Street, Suite 100
OR
Department of State Lands
1645 NE Forbes Road, Suite 112
AND
Department of State Lands
PO Box 4395, Unit 18
Portland, OR 97208-2946
Salem, OR 97301-1279
Bend, Oregon 97701
Portland, OR 97208-4395
503-808-4373
503-986-5200
541-388-6112
(Attach a copy of the first page of the application)
(1) APPLICANT INFORMATION
Name and Address
Authorized Agent
Name and Address
Check one
Consultant
X
Contractor
Property Owner
Name and Address
Port of Newport
Attn: Don Mann, General Manager
600 SE Bay Blvd.
Newport, OR 97365
Business Phone #
Home Phone #
Fax #
Email
541-265-7758
541-270-3126
541-265-4235
Pacific Habitat Services
Attn: John van Staveren
9450 SW Commerce Circle
Suite 180
Wilsonville, OR 97070
Business Phone #
Home Phone #
Fax #
Email
503-570-0800
Same as applicant
Business Phone #
Fax #
Email
If different from above
Portman@portofnewport.com
503-570-0855
jvs@pacifichabitat.com
(2) PROJECT LOCATION
Street, Road or Other Descriptive Location
Township
2002 SE Marine Science Drive
Newport, OR 97365
In or near (City or Town)
Newport (South Beach)
Wetland/Waterway (pick
one)
Yaquina Bay
Directions to the
site
11 South
County
Legal Description (attach tax lot map)
Quarter/Quarter
Range
Section
11 West
Section 17
Tax Map #
Lincoln County
River Mile (if known)
1.5
11 11 17
Latitude (in DD.DDDD
format)
44.625204° north
Tax Lot #
100
Longitude (in DD.DDDD
format)
-124.047354° west
Follow Oregon Highway 20 west; Turn left on Oregon Coast Highway/U.S. 101; Access to the NOAA
leased property from Highway 101 N is possible by driving south over the Yaquina Bay Bridge and
taking the first right on SW Abalone Street. Continue approximately 0.75 miles on SW Marine Science
Drive to the property.
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 1 of 42
(3) PROPOSED PROJECT INFORMATION
Type:
Fill
Brief
Description:
Excavation
(removal)
X
X
In-Water
Structure
Maintain/Repair an Existing
Structure
X
Construction of a new wharf, access piers and small boat dock for the NOAA MOC-P facility
Fill
Riprap
X
Wetlands
Rock
Gravel
Permanent (cy)
Organics
Sand
Clay
Temporary (cy)
none
Permanent (cy)
W’
H’
Temporary (cy)
4,738
Total cubic
yards for
project
26
Impact Area in Acres
25,000
W’
17,738
(including outside
OHW/wetlands)
Dimensions (feet) variable
L’
X
(including outside
OHW/wetlands)
Dimensions (feet)
L’
N/A
Other:
Total cubic
yards for
project
none
Impact Area in Acres
Waters below OHW
Silt
H’
Removal
Wetlands
Permanent (cy)
Temporary (cy)
none
none
Impact Area in Acres
Permanent (cy)
(including outside
OHW/wetlands)
Dimensions (feet)
L’
N/A
Waters below OHW
Total cubic
yards for
project
W’
H’
Total cubic
yards for
project
Temporary (cy) none
74,377
Impact Area in Acres
58,500
none
L’
W’
83,877
(including outside
OHW/wetlands)
Dimensions (feet) variable
H’
Total acres of construction related ground disturbance (If 1 acre or more a 1200-C permit may be required from
DEQ)
Is the disposal area upland?
Yes
X
No
Impervious surface
created?
0<1
acre
5.5 acres
0>1 acre?
Yes
Are you aware of any state or federally listed species on the project site?
No
X
Are you aware of any Cultural/Historic Resources on the project site?
X
Is the project site within a national Wild & Scenic River?
X
Is the project site within a State Scenic State Scenic Waterway?*
X
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 2 of 42
X
If yes, please
explain in the
project
description
(in block 4)
(4) PROPOSED PROJECT PURPOSE AND DESCRIPTION
Purpose and Need:
Provide a description of the public, social, economic, or environmental benefits of the project along with any supporting formal actions of a public
body (e.g. city or county government), as appropriate.*
The purpose of the proposed project is to construct a National Oceanic and Atmospheric Administration’s
(NOAA) Marine Operations Center – Pacific (MOC-P) facility in Newport. The MOC-P coordinates NOAA’s
ships in the Pacific Ocean, and provides a home to four of the ships in the fleet. The MOC-P team is comprised
of approximately 75 NOAA Office of Marine and Aviation Operations (OMAO) officers and administrative staff,
and approximately 115 crew members associated with the four vessels typically home ported at MOC-P.
The existing MOC-P is located at 1801 Fairview Avenue East on Lake Union in Seattle. The OMAO has
occupied this location since 1963. In July 2006 a fire destroyed a large portion of the MOC-P piers, a boat
shed, and a machine shop at Lake Union. The lease at NOAA’s current location on Lake Union will expire in
2011. NOAA began soliciting offers for a home port in 2008.
The need for the project is to provide a single location for the MOC-P that can support the critical management,
operational, and logistical functions of the OMAO, its research ships, and the various NOAA programs they
serve. NOAA’s mission is to “study and predict changes in the Earth’s environment, and to conserve and
manage coastal and marine resources, to meet our Nation’s economic, social, and environmental needs.” Ship
commanders run the day-to-day ship operations, while on-board scientists conduct research. At the MOC-P,
NOAA officers help with logistics.
In 2009, NOAA signed a 20-year lease with the Port of Newport to move their MOC-P to Newport. The NOAA
facility will be constructed on an approximately five-acre site along the south bank of Yaquina Bay in the South
Beach area of Newport. The facility will include LEED-certified, environmentally sustainable buildings and
warehouse space, and an approximately 1,300-foot long wharf connected to the land by two approximately
260-foot long access piers. The wharf and access piers have been designed to meet NOAA’s functional
requirements. The pile-supported wharf will provide berths for four NOAA ships (McArthur II, Miller Freeman,
Rainier and Bell M. Shimada, a new fisheries survey ship expected to join the fleet in 2010). The facility will
also support up to two visiting ships. NOAA expects to occupy the MOC-P facility in June 2011. The new MOCP facility will enable NOAA staff to perform key functions within the main structures including scientific lab and
analysis work, equipment repair and warehousing, and mooring of its research ships.
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 3 of 42
Project Description:
Please describe in detail the proposed removal and fill activities, including the following information:
Volumes and acreages of all fill and removal activities in waterway or wetland separately
Permanent and temporary impacts
Types of materials (e.g., gravel, silt, clay, etc.)
How the project will be accomplished (i.e., describe construction methods, equipment, site access)
Describe any changes that the project may make to the hydraulic and hydrologic characteristics (e.g., general direction of stream and surface water flow, estimated winter and summer flow volumes.) of the waters of
the state, and an explanation of measures taken to avoid or minimize any adverse effects of those changes.
In addition, for fish habitat or wetland restoration or enhancement activities, complete the information requested in supplemental Fish Habitat or Wetland Restoration and Enhancement form.
Project Description: The MOC-P facility will occupy approximately 5.5 acres. The upland facility will be
comprised of a two-story administrative office building, a single story warehouse, security and hazardous
materials buildings, site access roads and walkways, parking areas, open areas for staging, a warehouse
loading area, and dockside areas for loading the ships.
The facility will operate 24 hours a day, seven days a week; however, the majority of the staff will work normal
business hours, at both the administration and warehouse buildings. The administrative building will
accommodate typical office activities; the warehouse will accommodate storage, equipment repair, as well as
staff office space. Forklifts and small trucks will be used inside the warehouse. Long haul and smaller trucks
will take their deliveries to the north side of the warehouse.
Vehicles will enter the MOC-P facility from OSU Drive. The site will have several paved parking lots,
accommodating short term and long term visitor and staff parking, with a total of 183 parking spaces available.
Open areas adjacent to the warehouse will provide space for staging cargo, equipment removal and repair,
and storage for industrial and marine equipment.
The MOC-P in-water pier will be 1,300 linear feet of large-ship pier frontage space, or 217 linear feet for each,
up to 6 ships. Large ships may range from 215 to 224 feet in length, 43 feet in width (beam) and 21 feet
(maximum) in draft below waterline. A small boat dock will be 200 linear feet by 10 feet, for a total useable
length of 400 feet. The pier(s) will be able to sustain at least 500 pounds live load per square foot for all berths.
The main wharf and its two access piers are designed to accommodate long haul trucks. Trucks and other
service vehicles will drive directly onto the pier, to a moored ship. Mobile hydraulic cranes, forklifts and other
small vehicles will be used to load/unload cargo and equipment. The ships will be fueled by tanker trucks
parked alongside them. No vehicles will serve the small boat dock.
The MOC-P will accommodate up to six ocean-going ships. It is anticipated a ship will be docked for 3-5 days,
prior to each mission. During the spring, summer and fall seasons, several ships may in port simultaneously
but it is unlikely that all four of the ships to be home-ported at the MOC-P will be docked simultaneously.
Generally, from November through April, there will be a greater likelihood that all four of the ships will be
docked at the same time for winter, non-structural maintenance. During this repair time, crews and scientists
will live off ship.
Project Actions: The construction of the MOC-P includes the demolition of existing structures (in-water as well
as upland structures), pile installation, wharf and access pier construction, as well as the construction of the
upland facilities, including an administrative building and warehouse. The use of steel piles will require the
installation of a cathodic protection system. Dredging and excavation to provide appropriate depths for NOAA
ships to berth, as well as the placement of riprap for slope stabilization is also necessary. Fills within the
upland portion of the site will consist of sand and gravel as approved by the geotechnical engineer. After
clearing and grubbing, the next steps will be to cut, fill, rough grade, and establish final grades for the MOC-P
upland facility. Typical construction equipment will include: excavators, backhoes, compactors, dump trucks,
barges, and dredging equipment. The construction entrances are located on the eastern side of the site. The
staging area will be located behind the proposed warehouse as depicted on Figures 12 and 12B.
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 4 of 42
Implementation Schedule: Construction of the upland facilities will begin during summer 2010. The in-water
work (IWW) will be completed during November 1 – February 15. It is anticipated that construction will be
complete and the upland facility available for occupancy by fall 2011.
Construction Activity
Prepare Dredge Disposal Area
Grub disposal area
Grade disposal area
Grade dike and channels
Install weir and upland piping
Over-water removal
Port dock 2
Intake structure pier
In-water removal
Block fish ladder entrance gate with steel plate
Remove fish ladder
Remove Port dock 2 piles
Remove intake structure pier piles
Remove dolphins and navigational marker
In-water work
Install pier abutments for the east and west access piers
Dredging and riprap installation (below elevation 0.0)
Excavation and riprap installation (above elevation 0.0)
Install piles for main wharf and access piers, small boat
dock, and fender piles
Over-water work
Install pile caps
Construct precast, hollow core decking and bullrail
Install topping slabs
Install fender system and camel
Install utilities
Install electrical system
Install bollards and stripping
Small Boat Dock
Install floats
Install aluminum gangway
Install cleats and ladder
Install code signage
Dates
October 2010
October 2010
October 2010
October 2010
October 2010
October 2010
November 2010
November 2010
November 2010
November 2010
November 2010
November 2010
November 2010 – December 2010
November 2010
November 2010 – February 2011
November 2010 – February 2011
February 2011– April 2011
February 2011 – May 2011
March 2011 – May 2011
March 2011 – May 2011
April 2011 – May 2011
May 2011
March 2011
March 2011
March 2011 – April 2011
April 2011
The following table shows the removal and fill quantities associated with the demolition of existing structures
and construction of the MOC-P. The jurisdictional elevation for Department of State Lands is 11.51 feet (NAVD
88). The jurisdictional elevation for the U.S. Army Corps of Engineers Corps is 11.334 feet (NAVD 88). The
volume (cubic yard) of removal and fill has been calculated using DSL’s jurisdictional elevation.
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 5 of 42
Impacts to Waters
Volume
Activity
Area
(Square feet)
Water Column
Fill
Below Mudline
Removal
Fill
Removal
REMOVAL OF ALL PILES
Port Dock #2
111.2
77.2
12.4
Intake structure
16.9
8.6
1.9
Navigational marker
5.3
4.3
0.6
Dolphins (4)
68.4
69.7
7.6
3,811.0
114.0
212.0
Intake Pipes and Concrete Anchors
310.0
3.1
0.0
Total Area/Volume
4,322.8 sq ft
(0.10 acre)
276.9
cubic yards
234.5
cubic yards
Removal of Concrete Fish Ladder
PLACEMENT OF ALL PILES (NOAA DOCK)
1,046.2
1,121.0
1,503.0
269.9
417.0
208.0
Small boat dock
47.1
46.0
65.0
Dolphins
21.2
29.0
13.0
1,384.4 sq ft
(0.03 acre)
1,613
cubic yards
1,789
cubic yards
Wharf and access piers
Fenders on wharf
Total Area/Volume
Fill
Dredging
(Main Wharf and Small Boat dock)
247,395
Placement of Riprap
22,500.0
2,700.0
Fill (for parking area and approach
to the east access pier)
2,500.0
425.0
272,395 sq ft
(6.25 acres)
3,125
cubic yards
Total Area/Volume
Removal
55,800.0
2,700.0
58,500
cubic yards
TEMPORARY IMPACTS TO WATERS
Temp. Piles for Turbidity Curtain
(if necessary)
Total Area/Volume
71
26.3
0
26.3
0
71 sq ft
(0.002 acre)
26
cubic yards
0
cubic yards
26
cubic yards
0
cubic yards
Removal of Existing Structures: The existing timber water intake pier, Port dock 2, an abandoned fish
hatchery structure, four 16 pile dolphins, a navigational marker, and existing riprap will be removed prior to
construction of the MOC-P facility. The removal of these structures will occur within the in-water work window.
All material removed prior to construction of the MOC-P will be stored at an upland location for recycling or for
the Port’s future use.
Prior to demolition activities, a debris boom will be placed around each structure to be removed. The debris
boom will be cleaned daily at the end of each shift, and as necessary throughout removal activities.
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 6 of 42
A total of 182 creosote treated timber piles and three steel piles will be removed prior to constructing the MOCP wharf and access piers. The piles will be removed using the methodologies outlined under SLOPES IV. The
piles will be dislodged with a vibratory extractor pile clamp. The piles will be gripped above the water line, and
slowly lifted through the water column, using a crane located on a barge. Disposal will be in an approved
upland location. The pile holes will be back-filled with clean, native materials. Should a pile be intractable, or
break above or below the water surface, the pile will be cut off at least three feet below the surface of the
sediment, and the hole back-filled with clean, native sediment.
Intake Pier: The existing timber water intake pier is supported by fourteen creosote treated wooden piles, as
well as three 15 x 15-inch steel “H” piles that are connected to a wooden header at the end of the pier. The
piles are approximately 40-feet long, and driven to a depth of approximately 15-feet.
Four 12-inch HDPE intake suction pipes, which fed the circulation pumps at the intake pump house, will be
removed. The pipes are 96-feet long, and are submerged approximately 24-feet below the deck of the intake
pier. Each intake pipe has four concrete anchors, which will also be removed. Two concrete header panels,
located between the steel H piles, will be removed as well.
The first steps will be to remove all conduits, cables, hoses and equipment from the pier prior to the IWW. The
access pier is an over-water structure, and will be removed prior to the IWW as well. Netting (or other method
to catch debris) will be used to ensure material does not enter Yaquina Bay. The access pier will be removed
in 20-foot sections, using a crane located on the landward side of the pier.
The piles will be removed with a vibratory extractor equipped with a hydraulic pile clamp. The intake pipes and
their concrete anchors will be removed using an excavator and/or backhoe, down to low water. A jackhammer
may be used to break up the concrete anchors if necessary. The intake pipes and header panels will be
removed with a barge mounted crane.
Port Dock 2: The existing timber Port dock 2 is supported by 104 14-foot creosote timber piles. At the
shoreline, the pier is connected to a timber bulkhead retaining wall that is tied back with either an anchoring or
dead man system. Large riprap has been placed in front of this bulkhead to control erosion and washout.
In several locations, new piles have been placed adjacent to the original piles during a pier overhaul. Additional
piles, including some fender piles, have been driven outside of the structural-support pile system. The piles are
creosote treated timber, 14-inches in diameter. Approximately half of the piles are 40-feet long, and the other
half are 60-feet long, as the pier progresses into deeper water. Piles are driven to a minimum of 15 feet.
The first steps will be to remove all conduits, piping, hoses, buildings and equipment above elevation 11.5 prior
to the IWW. The railing and decking structure are over-water structures. As such, these will be removed prior
to the IWW as well. Netting (or other method to catch debris) will be used to ensure material does not enter
Yaquina Bay. The deck structure will be removed in 20- or 30-foot sections, using a crane located on the
landward side of the dock, or a barge, as necessary. The existing piles will be removed with a vibratory pile
extractor equipped with a hydraulic pile clamp.
Mooring Dolphins: Four creosote timber dolphins, each comprised of 16 creosote 14-inch wooden piles are
located between the shoreline and the navigation channel. The total number of piles to be removed is 64. The
existing piles will be removed with a vibratory pile extractor equipped with a hydraulic pile clamp. The pile
extractor will be located on a barge.
Navigational Marker 10: The navigational marker #10 is comprised of three 18-inch diagonally driven steel
piles with a structural steel pile cap. This marker will be removed, and relocated, most likely on the new wharf.
The navigational marker will be removed using a vibratory extractor pile clamp.
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 7 of 42
Concrete fish ladder: The abandoned concrete fish ladder is approximately 400 square feet in size. The fish
ladder will be removed using a crawler excavator to knock over the concrete walls of the structure. A
jackhammer will be used to break up the walls and bottom of the structure into large pieces, which can then be
hauled to an upland location. The concrete will likely be processed to remove the steel, then crushed and used
for base rock fill for upland construction.
Dredging: Dredging (below elevation 0.0) and excavation (above elevation 0.0) is required to provide
adequate depths for the NOAA ships to maneuver and dock at the MOC-P, as well as for the small boat dock.
Approximately 55,800 cubic yards of material will be dredged and excavated from a 5.68 acre area. Dredging
of material below elevation 0.0 will occur with a cutterhead hydraulic dredge. Cutterhead dredges have “teeth”
that break up the sediment at the bottom of Yaquina Bay. The sediment and water will then be suctioned into a
pipeline, and pumped to the dredge disposal area at McLean Point.
The cutterhead dredge will be mounted on a barge using a crane, and then towed into place above the area to
be dredged. Spud piles will be required for stabilization of the barge, and to keep the barge in place. Prior to
dredging, a high-density polyethylene (HDPE) pipe will be welded together in 500-foot sections on the
shoreline, above the Highest measured tide (HMT). The pipe will be 24” to 36” in diameter. The pipe will be
pulled into the water, at which point it will float. One end of the pipe then will be towed to the dredge barge.
Using a second barge, the other end of the pipe will be towed across the Bay, to McLean Point. Once dredging
starts, the weight of water and dredged material will cause the pipe to sink gently to the bottom of the Bay.
Once on the Bay bottom, anchor blocks may be placed on the pipe to keep the tide from displacing the pipe.
Dredging will be completed using Best Management Practices (BMPs) to minimize the amount of sediment that
enters the Bay. Dredging activities will occur during the months of November and December. Noise from
dredging activities will be incidental; just the noise of water and sand flowing through the pipe. Noise from
excavation activities will also be minimal.
Maintenance of the dredge pipe will not be required during dredging operations. Continuous monitoring of the
discharge pressure ensures that, in the unlikely event the pipe breaks, dredging will stop immediately. The pipe
would then be pulled up from the bottom of the Bay, and re-welded at the break point. Dredging activities will
then resume.
Due to the length of the pipe, a booster pump will need to be placed at the midway point between the dredge
area and McLean Point. The booster pump will be located on a barge, and will be used to augment the pump
located at the dredging area. A curtain boom will be placed around the booster pump during operation and
refueling activities. The booster pump will operate the same hours as the dredge pump.
Once dredging is complete, the pipe will be disconnected from the pump, and from the discharge stations. The
pipe will then be pulled from the water, saw cut into small sections, and loaded onto semi-trailers for disposal.
Maintenance dredging will be required to maintain adequate depths for berthing and maneuvering at the MOCP. Dredging requirements were determined by the Coastal Engineering Modeling Technical Report Prepared
by Coast Harbor Engineering. The future sedimentation rate in the dredged areas was estimated using a
combination of prototype analysis, analysis of historical morphologic trends, and numerical modeling. The
sedimentation rate was then used to determine how often dredging will be required.
The prototype analysis estimated an upper range of sedimentation in the future dredged area at 0.5 ft per year;
the morphologic trend analysis estimated a lower range of sedimentation in this area at 0.3 ft per year; and the
numerical modeling estimated the sedimentation rate at 0.4 ft per year.
Based on these evaluations, the design sedimentation rate for the NOAA dredging area is 0.4 ft per year. This
yields approximately 3,200 cy per year. As such, maintenance dredging every 10 to 15 years, with a volume of
30,000 to 40,000 cy will likely be necessary to maintain adequate depths at NOAA’s MOC-P.
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 8 of 42
Sedimentation and maintenance dredging requirements will likely be reduced over time due to natural
stabilization and adjustment processes. Reduction of sedimentation may reach up to 50% of estimated values.
Excavation: Excavation of material above elevation 0.0 will occur using a land-based excavator. The landbased excavator will operate above the HMT, reaching out as far as possible to excavate material from its
position above the HMT. However, the northern-most area to be excavated for the small boat dock will require
the excavator to be out on the mud flat. The crane will be on the mud flat only during low tide, and the mudflat
that the equipment will be placed on is in an area that is to be excavated. The crane will not be able to place
excavated spoils directly on to trucks, due to the distance from the mud flat to the upland area. As such, the
crane will place the excavated spoils onto the mud flat (again, only in an area scheduled to be excavated),
where a second crane will immediately scoop the newly excavated material from the mud flat and onto the
dredge spoils truck. Excavation operations are expected to begin at 6:00 a.m. and continue until 10 p.m. at
night.
Dredging/excavation disposal: Several options were considered for the disposal of dredge spoils from the
MOC-P. The Port’s usual location to dispose of spoils is the existing dredge disposal area adjacent to the
proposed MOC-P facility. This area, which is managed by the Port, is used for the disposal of sediments
dredged from the South Beach Marina. However, the northern half of the dredge spoil area will be excavated to
a maximum depth of -4 feet NAVD and used to mitigate for impacts to eelgrass beds. As such, the site is too
small to accept the MOC-P spoils.
Another option considered for the disposal of dredge spoils was through flow-lane disposal. Flow-lane disposal
of dredged material is the placement of spoils within or adjacent to the navigation channel of the Bay. The flowlane disposal option would have kept the sediment within the Bay; however, ODFW stated that the disposal of
dredge spoils would have smothered benthic invertebrates and was not acceptable.
Beach nourishment was also considered. Beach nourishment is the placement of dredged spoils offshore, so
that dredged sand replenishes an adjacent eroding beach. To be used for beach nourishment, the dredge
spoils must be clean. Due to the accelerated project schedule, it was not possible to obtain approval from the
Project Review Group verifying that the dredge material was clean. In addition, the Corps of Engineers
requested stamped engineering plans for the proposed location, which was not possible given the project’s
schedule.
As described above, the selected method of disposal is to pipe or truck the dredged material to a dredge
disposal area at McLean Point on the north side of the Bay, east of the International Terminal. Dredged
material will be piped (via suction) and excavated material will be placed in trucks and driven to the McLean
Point. The McLean Point dredge disposal area is currently leased to the Port, for the purposes of dredge
disposal.
A sediment characterization report (SCR) was submitted to the Corps in September 2009, to evaluate
sediments within the dredge prism. Sediment was sampled from various areas within the proposed dredge
prism. Six sediment cores were collected on February 10, 2010. Sediment samples were collected using a mini
rotosonic drill rig from a custom built drilling platform mounted on the side of a barge.
Arsenic, chromium, copper, nickel, and zinc were detected in the dredge prism and within new sediment
material. The only non-metallic chemicals of concern detected were bis (2-ethylhexyl) phthalate (DEHP), and
some dioxin and furan congeners. Detected metals and DEHP did not exceed the Sediment Evaluation
Framework for the Pacific Northwest (SEF) marine benthic toxicity screening levels in the dredge prism and
new sediment material. Dioxin toxicity equivalents did not exceed 5.71 pg/g (non-detects tallied at ½ of the
method detection limit), and most toxic dioxin congener, 2,3,7,8-TCDD, was not detected in any of the
samples.
Per the SEF guidance, dredged material and new sediment material is suitable for unconfined, aquatic
exposure without additional testing.
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 9 of 42
A Land Use Compatibility Statement (LUCS) will be obtained from the City of Newport for the proposed
dredged material disposal site (i.e. McLean Point). The Port will apply for a clean fill determination from DEQ
based on the sediment characterization results from sampling in the proposed dredging area.
Placement of riprap: Portions of the shoreline within the dredge prism are currently lined with riprap. The
riprap will be removed using a crane, and stored in an upland location. The riprap will be salvaged for future
stabilization of the dredged areas.
Following the geotechnical recommendation, riprap will be used to protect cut and fill slopes steeper than
5H:1V within the zone of tidal fluctuation and wave action. The riprap layer will consist of a 1-foot thick filter
blanket under a 2-foot thick layer of Class II riprap, as specified by the Army Corp of Engineers. Approximately
2,700 cubic yards of riprap will be placed within 0.52 acres. The minimum amount of riprap was placed to
stabilize the slopes.
Site constraints including existing eelgrass, upland property requirements, and the navigation channel prevent
the proposed design from being adjusted to use 5H:1V or flatter slopes along the Bay shore.
Riprap above elevation -6 NAVD will be placed using a land-based excavator above HMT; riprap below
elevation -6 NAVD will be placed using a crane-mounted clamshell. The crane will be mounted on a barge, and
will place the riprap at the required depths. Only the clamshell bucket will enter the water.
Pile driving: The construction of the wharf and access piers will require the installation of four different pile
types, with a total of 331 piles. The main wharf will be supported by 149 36-inch diameter steel pipe piles with
a lower 24-inch diameter steel pipe pile below ground. A total of 163 18-inch fender piles will be installed along
the edges of the wharf. Two 36-inch diameter rolling fender piles will be located at the east end of the wharf
and three 36-inch diameter dolphin piles will be located between the small boat dock and the east end of the
wharf. The small boat dock will be supported on 12 – 14 (as determined by the designer) 24-inch diameter
piles. The two piles that support the aluminum gangway will be 18-inch diameter.
Five piles were installed during the 2009-2010 IWW during the Test Pile Program. Two of these piles will be
replaced during the 2010-2011 IWW. As such, the total number of piles to be installed during the 2010-2011
IWW is 328.
The installation of the piles will be achieved by jetting and vibratory hammer, with final placement by impact
hammer, as necessary. The Test Pile Program that was completed in February 2010 showed that the sediment
plume created by jetting was minimal due to the coarseness of the material (i.e. sand) at the bottom of Yaquina
Bay. A detailed discussion of the potential impact to aquatic species from the sound generated by pile driving
is within the BA.
Construction of Wharf, Access Piers, and Small Boat Dock: The MOC-P will include a 1,300 foot long,
64,000 square foot wharf connected to land by two 280-foot long approach piers. The wharf and piers will have
an elevation of approximately 16.5-feet above mean low low water (MLLW). The structure will be comprised of
a cast in place reinforced concrete slab, over precast concrete deck planks. The structure will be supported on
precast concrete pile caps supported by 36-inch diameter steel pipe piles. There will be three piles at each
bent, with bents spaced 40-feet apart along both the main wharf and the access piers. A fender system
comprised of 18-inch diameter steel pipe piles spaced 10 feet apart are provided along the wharf.
The small boat dock will be 10-feet by 200-feet, and will be comprised of fiberglass grating supported by steel
pipe piles. The dock will be connected to the east approach pier with an aluminum gangway 4-foot wide. The
fiberglass grating will allow 60% of natural light through the dock.
Construction of the wharf will begin with the installation of the steel pipe piles, small boat dock piles, and fender
piles. Once piles are installed, the precast pile caps will be lifted into place at each bent. The bent caps will be
connected to the piles with welded connection plates and grouted reinforcing steel. Following
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 10 of 42
the installation of the bents, the deck planks and bull rail sections will be lifted into place and connected to the
caps. The deck slab will then be poured and cured. The utility systems are then installed. Once all utilities have
been routed, utility stations, transformers, lights, and all other operational systems are fitted and completed.
The small boat dock and gangway will also be put into place along with all necessary systems.
Two piers are planned for the facility. The main pier serving NOAA’s large ships will be constructed of precast
concrete planks with a concrete topping slab to provide a solid, homogenous surface that will be served by two
35-foot wide access ramps. The small boat dock will be a floating, grated structure that is served by a grated
aluminum gangway approximately 5-feet wide.
Utilities serving the large pier will include electricity, water, steam, sewer, fire protection and communications.
A generator will provide emergency power to specific systems in the buildings and to the main pier.
Cathodic Protection: Cathodic protection is a technique to control the corrosion of a metal surface. It works
by placing an easily corroded metal like zinc or aluminum (“anode”) in contact with the metal to be protected
(“cathode”) so that the anode is preferentially consumed (sacrificed), thus keeping the protected structure from
corroding. Cathodic protection systems are most commonly used to protect steel, water or fuel pipelines and
storage tanks, steel pier piles, ships, offshore oil platforms and onshore oil well casings.
Impressed Current Cathodic Protection (ICCP) is a form of cathodic protection that does not use a sacrificial
anode, but instead uses high silicon cast iron, graphite, mixed metal oxide, platinum or niobium anodes
connected to a direct current (DC) power source. The DC power provides similar corrosion protection
(“electrochemical potential”) as a sacrificial anode, but because of this power input, the anode is not
consumed. In this case, the anodes proposed for the new wharf are coated with a ceramic material (“mixed
metal oxide”) and will not appreciably be consumed over the life of the wharf. Therefore, additional levels of
metals will not enter the water column due to operation of the proposed ICCP system (DEQ, 2010).
Stormwater and Wastewater Management
Stormwater: The proposed stormwater treatment system for the MOC-P will consist of two separate drainage
systems; the upland system and the pier system. Stormwater generated from the wharf and access piers will
be treated using Contech® StormFilters®. Stormwater generated at the upland facility will be treated through a
combination of Contech® StormFilters® and vegetated infiltration basins. A detailed stormwater plan is
attached. All stormwater generated at the MOC-P will be treated in accordance with current DEQ regulations.
The stormwater treatment system is designed to accommodate the peak flows calculated during the 10-year
storm event. The City of Newport does not have an established water quality storm event. As such, KPFF
Consulting Engineers (KPFF) utilized a DEQ-approved stormwater manual to calculate the event. The Rational
method, with a storm intensity of 0.25 inches per hour, was used to size the Contech® StormFilters® treatment
facilities. The Santa Barbara Urban Hydrograph (SBUH) method with a 24-hour, 1.6 inch storm event was used
to size the vegetated infiltration basins.
Wharf and Access Piers: The wharf and access piers will be configured into multiple drainage basins, each
graded to direct stormwater runoff into a Contech© stormwater filter catch basin located at regular intervals
along the pier. These basins will use ZPG™ media-filled cartridges to trap particulates and remove pollutants.
The stormwater filters will be sized to handle the water quality storm event per the manufacturer’s
recommendations. After treatment through the Contech® StormFilters®, stormwater will be discharged into
Yaquina Bay. An isolation valve will be installed on the outlet pipe to allow for containment of any possible
contaminant spills or leaks. Sediment in the bottoms of the catch basins will be vacuumed out and the filter
cartridges will be replaced, as recommended by the manufacturer.
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 11 of 42
Upland Facility: Stormwater generated at the MOC-P upland facility will be treated through a combination of
vegetated infiltration basins and Contech® StormFilters®. The vegetated infiltration basins will consist of
shallow depressions with a minimum of 18-inches of amended soils. Vegetation will be planted along the sides
and bottom of the basin. Infiltrations basins 4, 5 and 9 are sized to treat the 100-year storm event, and
infiltration basins 1, 2, 3, 6, 7 and 8 are sized to treat the 10-year storm event. Stormwater flows exceeding the
water quality event will enter an internal bypass system and outfall directly into Yaquina Bay.
Stormwater not captured by the infiltration basins will be conveyed to Contech® StormFilters® vaults for
treatment, prior to entering Yaquina Bay.
All operations and maintenance of the vegetated infiltration basins, along with the manufacturer’s
recommended scheduled maintenance of the water quality vaults, will be performed by the Port of Newport.
The small boat dock will be grated; as such, storm water will be allowed to sheet flow off the dock and into the
Bay.
Wastewater: Wastewater from the NOAA ships will be treated via the City of Newport’s wastewater treatment
system. Ships will connect to the sanitary sewer line when they come into port and wastewater will then be
transferred from the ship to the treatment center via 4-inch sanitary sewer lines that will be located at each
berth. Waste will be transferred, via the pipe, from the wharf, across the access piers, and into the existing
sanitary sewer main located west of the proposed warehouse.
Listed species: Three species protected under the Federal Endangered Species Act (ESA) may be affected
by the proposed project. The project will require formal consultation with the National Marine Fisheries
Services (NMFS). A detailed description of the potential effects to listed species is included in a Biological
Assessment (BA) that will be submitted to the Corps and NMFS. The listed species are as follows:
• Oregon Coast coho salmon (Oncorhynchus kisutch) – Threatened
• Southern distinct population segment of green sturgeon (Acipenser medirostris) - Threatened
• Southern distinct population segment of eulachon (Thaleichthys pacificus) - Threatened
Not listed above, but included in the BA is a discussion of southern resident killer whale and Steller sea lion,
eastern distinct population segment, two ESA-listed species that may occur within the action area, but that may
not be affected by the proposed action.
Archaeological survey: A recent archaeological survey of the proposed wharf location was conducted by
Archaeological Investigations Northwest (AINW) (see attached report). AINW found no archeological materials
or deposits in 21 borehole sediment samples analyzed.
Hydrologic characteristics: changes to the hydrologic characteristics to Yaquina Bay are not anticipated as a
result of this project.
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 12 of 42
Project Drawings:
State the number of project drawing sheets included with this application: 14
Figure #
1
Description
USGS site location map
2
Tax lot map
3
Aerial photo of site
4
Existing conditions
5-5B
Proposed site plan
6-6D
Site modification
7
8-8J
9-9G
10 – 10A
Demolition plan
Plan view of wharf and small boat dock; fender pile elevations; cross sections of
wharf; pile and dolphin elevations; detail of small boat dock
Location of cross section, cross sections of dredge areas and dredge spoils disposal
location
Alternative site locations and Alternative site design
11-11G
Stormwater plan
12-12H
Erosion and sediment control plan
13
14- 14E
Recreation mitigation
Mitigation plans
Will any construction debris, runoff, etc., enter a wetland or waterway?
Yes
⌧No
(5) PROJECT IMPACTS AND ALTERNATIVES
Alternatives Analysis:
Describe alternative sites and project designs that were considered to avoid or minimize impacts to the waterway or wetland. (Include alternative
design(s) with less impact and reasons why the alternative(s) were not chosen. Reference OAR 141-085-0565 (1) through (6) for more information*).
The new MOC-P facility must meet NOAA’s requirements as outlined in their Solicitation for Offers (SFO). The
MOC-P is one of two regional centers operated by the NOAA OMAO. OMAO will provide administrative and
logistical support the research ships distributed within its area of responsibility. The new facility will be a
permanent homeport for four NOAA ships and must be able to accommodate up to six NOAA ships.
NOAA issued the SFO on November 21, 2008, directed to U.S. Harbors in the greater Puget Sound area,
including U.S. waterside properties North to Bellingham, West to Port Angeles, South to the Columbia River,
including Astoria, Oregon, along the Oregon coast to Newport, Oregon and Southeast to Portland, Oregon on
the Willamette River.
NOAA received offers from four locations:
•
•
•
•
1801 Fairview Avenue East, Inc., Lake Union, Seattle (existing MOC-P);
Port of Port Angeles, Port Angeles, WA (Terminal 3);
Port of Bellingham, Bellingham, WA (Bellingham Shipping Terminal); and
Port of Newport, Newport, Oregon (Dock 2).
The four sites were analyzed in a Draft and Final Environmental Assessment (EA), along with the No Action
Alternative. The EA determined that a Finding of No Significant Impact (FONSI) was appropriate for each of
the four locations as a site for the future MOC-P. As such, NOAA used criteria outlined in their SFO to choose
Newport for their new MOC-P facility. The criteria included six main factors: the location of site; the site’s
configuration and management; the quality of building and pier, its availability, past performance and project
financing, and quality of life.
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 13 of 42
The lease, which includes buildings and piers, is for a term of up to 20 years. The terms and conditions
contained within the SFO will prevail throughout the term of the lease. NOAA Operations Research and
Facilities funding will be used to lease the property and maintain NOAA's assets under the proposed action.
Presently, the Port of Newport has begun the process to meet the MOC-P’s mission and operations. Specific
building requirements include an administration building, a shop complex (electronics, boat shed, and
maintenance), a warehouse and storage area, piers and berths, and specialized site areas.
No Action Alternative
The No Action alternative assumes that no new comprehensive MOC-P facility that meets NOAA’s upland and
in-water needs will be constructed. The current lease for the existing facility will lapse. All NOAA ships typically
homported at MOC-P will be berthed indefinitely at temporarily arranged berths in the Pacific Northwest.
Preparation for cruises and dockside ship support would occur at various unknown ports made available to
NOAA. The No Action Alternative is not preferred, and would reduce MOC-P’s overall ability to meet its
mission and budget efficiently and effectively.
NOAA’s Evaluation of Alternative Sites
NOAA established a Source Evaluation Board (SEB), comprised of real property experts, engineers, and
technical representatives from OMAO at MOC-P to evaluate each of the four offers on six technical factors.
The SEB determined the proposal from the Port of Newport to be the highest technically rated. NOAA's
contracting officer evaluated the price proposals, and determined the price offered by the Port of Newport to be
the lowest-priced offer. As such, the Port was awarded the lease, because it was the highest technically rated
and lowest priced; and, therefore, represented the best value to the government.
NOAA's lease award decision was subsequently protested to the Government Accountability Office (GAO) by
the Port of Bellingham and by the owners of 1801 Fairview Avenue. On November 19, 2009, the GAO
dismissed the protest from the owners of 1801 Fairview Avenue, but on December 2, 2009, they sustained the
Port of Bellingham protest. The protest was sustained based on the complaint that the contract award to the
Port of Newport failed to comply with solicitation requirements regarding lease of a property within a base
floodplain. The GAO ruled that NOAA should consider whether there was a practicable alternative to Newport's
offer; one that was not located in a base floodplain. In the event that NOAA could identify a practicable site
alternative, the GAO recommended that NOAA implement that alternative. However, if NOAA’s findings
concluded there was no practicable alternative, the GAO recommended that NOAA comply with the procedural
requirements established in Executive Order 119886.
As noted above, NOAA issued their SFO in November 2008 for a lease acquisition to address the agency's
MOC-P requirements. NOAA stated in the SFO that "An award or contract will not be made for a property
located within a base floodplain or wetland unless the Government has determined that there is no practicable
alternative." In its Environmental Management: Floodplain Management Desk Guide, the General Services
Administration (GSA) defines “practicable alternatives”: as follows:
“Practicable alternatives” are those that are available to GSA and capable of being implemented within
existing constraints such as cost, existing technology, and logistics, considering pertinent natural
(topography, habitat, hazards, etc.), social (aesthetics, historic and cultural values, land use patterns,
etc.), economic (cost of space, construction, services, relocation, etc.), and legal (deeds, leases, etc.)
factors.
NOAA responded to this ruling by conducting an analysis of each of the previously submitted proposals to
determine if there is a practicable alternative that does not involve development in a base floodplain. NOAA
requested that the Federal Emergency Management Agency (FEMA) conduct an analysis of floodplain issues
associated with each of the four proposals previously submitted. NOAA used FEMA's analysis as the basis for
determining whether a lease, based on each of the four proposals, would result in an action being taken in a
base floodplain. NOAA was prepared to take the necessary steps to implement an alternative site, should one
be found that was not in a base floodplain and that also met all other NOAA requirements.
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 14 of 42
If a site, or a portion of a site (e.g., piers, shore-side facilities, or any combination thereof), was located in a
base floodplain, that offer would be determined not to be a practicable alternative to the Port of Newport's offer,
because the other site would also involve development in a base floodplain.
The FEMA analysis determined that the Newport site is within the Special Flood Hazard Area as shown on the
Lincoln County, Oregon and Incorporated Cities Flood Insurance Rate Map, Panels 368 and 506 (Effective
date December 18, 2009). All new pier and dock facilities and improvements to the existing pier and dock
facilities would be in a Zone AE (i.e. an area inundated by 100-year flooding, for which Base Flood Elevations
have been determined). Some of the shore-side development may also fall within the Zone AE depending
upon the distance from the water's edge.
The FEMA analysis determined that the Port of Port Angeles site is within the Special Flood Hazard Area as
shown on City of Port Angeles, Washington Flood Insurance Study and Flood Insurance Rate Map, Panel 3
(Effective date September 28, 1990). The new preliminary Flood Insurance Rate Maps for Clallam County
reconfirmed this designation. All new pier and dock facilities and improvements to the existing pier and dock
facilities would be in a Zone VE (i.e. an area inundated by 100-year flooding with velocity hazard (wave
action)). Some of the shore-side development may fall within the Special Flood Hazard Area as well,
depending upon the distance from the water's edge and proximity to Tumwater Creek.
The FEMA analysis determined that the Port of Bellingham site is within the Special Flood Hazard Area as
shown on the Whatcom County, Washington (All Jurisdictions) Flood Insurance Study and Flood Insurance
Rate Map, Panel 1651 (Effective date January 16, 2004). All of the improvements to the pier and dock facilities
would be in a Zone A12 (i.e. an area inundated by 100 year flooding, for which no base flood elevations have
been established). Some of the shore-side development activities and facilities may also fall within the Zone A
(i.e. an area inundated by 100 year flooding, for which no base flood elevations have been established)
depending upon the distance from the water's edge.
The FEMA analysis determined that the 1801 Fairview Avenue site is not within a National Flood Insurance
Program Special Flood Hazard Area, therefore not subject to E.O. 119886.
As three of the four proposed sites are located in a floodplain, additional factors were considered for each site
in determining whether the site was a practical alternative. Two of the four sites were determined to be more
costly, under the evaluation of criteria set forth in the SFO. As discussed above, relevant factors used to
determine whether an alternative is practicable include social cost, social economic and legal factors. GSA
operates under a limit on the maximum value of a lease that may be awarded without triggering the prospectus
requirements of 40 U.S.C. §3307. No appropriation may be made for lease payments above a set threshold,
without obtaining specific authority from GSA's authorizing committees in the House and Senate. The
prospectus threshold at the time of the MOC-P lease award was $2.66 million average annual rent for the
lease, excluding services and utilities.
The Port of Bellingham's proposal proposed an average annual lease amount significantly above the $2.66
million prospectus level. As such, the Port of Bellingham’s proposal was not a practicable alternative, because
NOAA did not have the legal authority to make an award above the prospectus level.
The Bellingham proposal, when analyzed under the lease scoring rules in the Office of Management and Budget
Circular A-II (Preparation, Submission and Execution of the Budget), would have been a capital lease. This rule
requires that the net present value of all rental payments be available to be obligated at the time of award.
NOAA, in its SFO for the MOC-P lease acquisition, advised offerors that it was NOAA's intention to award an
operating lease. Because of the significant budget implications associated with awarding a capital lease, NOAA
does not generally award capital leases. Since the cost of the Port of Bellingham proposal over the 20-year term
of the lease would have resulted in the lease being a capital lease, NOAA would not have had the necessary
funding available for obligation to make an award to Port of Bellingham. As such, the Port of Bellingham
proposal was not considered a practicable alternative.
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 15 of 42
The 1801 Fairview Avenue proposal also proposed an average annual lease amount significantly above the
$2.66 million prospectus level. As with the Port of Bellingham proposal discussed above, the Fairview Avenue
proposal was not a practicable alternative, because NOAA did not have the authority to make an award above
the prospectus level. Under the lease scoring rules, the 1801 Fairview Avenue proposal was a capital lease. Due
to NOAA’s lack of available funding for a capital lease, the 1801 Fairview Avenue proposal was not considered a
practicable alternative.
Therefore, based on the analysis, NOAA found there was no practicable alternative to the Port of Newport. The
Port’s offer was accepted based on six main criteria, including location; site configuration and management;
quality of building and pier, availability, past performance and project financing, and quality of life. Project cost,
economic and legal factors were also considered in the decision making process.
Port of Newport’s Site Selection
The Port selected the location for the MOC-P in the South Beach area of Newport based on the requirements
included in NOAA’s SFO. One of the main requirements was that the entire MOC-P facility (the upland facilities
and the wharf) be contiguous. As such, the Port investigated only those properties that were able to
accommodate this spatial requirement. Four properties were selected as a potential site for the MOC-P.
One site is an approximately 33-acre property at McLean Point to the east of the Port’s International Terminal
(Hall Properties) on the north side of the Bay. The property is zoned water dependant (W-1) and heavy
industrial (I-3). An issue with the property is that it is not owned by the Port; there was no guarantee the
landowner was a willing seller nor the price for the property would have been feasible given the available
funds. Another significant issue is the property’s close proximity to the International Terminal and the fact that
accommodating the future use of the Terminal (i.e. the distant water fishing fleet, cargo vessels, cruise ships,
etc.) with the ships of the MOC-P would be problematic. Another issue is that preparation of the site would
likely have required a large amount of dredging (increasing the project’s costs), impacts to eelgrass beds, and
freshwater wetlands. For the reasons stated, the property was rejected.
The second site considered for the MOC-P is the existing International Terminal. In 2006, Lincoln County
voters passed Bond Measure 21-114, a $15.4 million general obligation bond to stabilize and renovate the
Terminal. The bond’s obligations (i.e. renovating the facility for the distant water fishing fleet, cargo vessels,
cruise ships, etc.) would not be realized if it was used for the MOC-P. In addition, due to delays in determining
the scope of the project, construction was delayed and the facility will not be fully available until 2013, which
conflicts with NOAA’s May 2011 deadline. For these reasons this alternative was not viable.
A third site considered was a seven-acre property located to the west of the proposed MOC-P. The parcel is
owned by the Port, but is currently used for dredge disposal. Dredge material from maintenance dredging the
South Beach Marina is discharged into the disposal site. As there is no other location to accept the spoils, the
use of this site was not feasible.
For several reasons it was determined that the selected site is the one that best meets NOAA’s requirements.
Although the Port owns several properties within the Bay, the preferred location is the only one large enough to
accommodate the MOC-P upland facility and the wharf. It is immediately adjacent to the federally maintained
deep draft channel and its upland area contains no freshwater wetlands or other sensitive habitats. In addition,
developing all four of the potential locations would have impacted eelgrass beds, but the preferred site allows
the Port to restore and enhance eelgrass beds in the immediate vicinity of the impact.
Figure 10 shows the location of the three alternative sites and the preferred site.
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 16 of 42
Site Design Changes to Minimize Impacts
Numerous design changes were made to the MOC-P to minimize impacts to eelgrass habitat, salmonids, and
the Bay. These changes include:
•
Reducing the width of the access piers from 39 feet to 35 feet to reduce the impacts from shade on
eelgrass beds.
•
Increasing the height of the access piers from 14.25 feet to 16.25 feet to reduce the impacts from
shade on eelgrass beds.
•
Painting the underside of the access pier with a reflecting surface to minimize the impacts to migrating
salmonids.
•
Reducing the number of piles in the original design from 374 to the proposed 331.
•
Moving the small boat dock from the west side of the wharf to the east side to reduce the dredging
impacts on eelgrass beds (See Figure 10A).
•
Rearranging ship berths to reduce the size of the dredge prism and impacts to eelgrass beds.
•
Reducing the depth of dredging from -28.5 to -25 at the westernmost berth.
•
Constructing three single-pile dolphins to protect the small boat dock. This allows for a smaller
separation between the small boat dock and the main wharf and reduces dredging requirements within
existing eelgrass beds.
•
Proposing restoration (i.e. removal of fill material) of eelgrass beds instead of the more commonly used
enhancement of bare sand to create eelgrass habitat.
•
Designing the small boat dock with grates to allow 60% natural light through the deck.
Measures to Minimize Impacts:
Describe what measures you will use (before and after construction) to minimize impacts to the waterway or wetland. These may include but are not
limited to the following:
For projects with ground disturbance include an erosion control plan or description of other best management practices (BMP’s) as
appropriate. (For more information on erosion control practices see DEQ’s Oregon Sediment and Erosion Control Manual)
For work in waterways where fish or flowing water are likely to be present, discuss how the work area will be isolated from the flowing water.
If native migratory fish are present (or were historically present) and you are installing, replacing or abandoning a culvert or other potential
obstruction to fish passage, complete and attach a statement of how the Fish Passage Requirements, set by the Oregon Department of Fish and
Wildlife will be met.
Erosion and sediment control: Construction activities will commence with the implementation of the erosion
control plan. Erosion controls on site will consist of silt fencing around the project limits. Inlet protection and
straw wattles will be placed on any adjacent slopes exceeding 10%.
Nearshore construction activities, such as excavation, will be completed using BMP’s that minimize the amount
of sediment that enters the Bay. Activities will be completed during low tide when possible. A sediment curtain
may be required for near-shore construction activities to control turbidity. If a sediment curtain is deployed, it
will be a floating curtain anchored at the ends to the shore and in the middle using temporary piles. The
temporary piles will be required due to the strong currents and tidal fluctuations. The temporary piles will be
installed using a vibratory hammer and removed once all of the near-shore work is complete. Visual turbidity
monitoring will occur during all in-water activities. If a sediment plume is observed or if mechanical monitoring
confirms an exceedance of water quality criteria, the in-water work causing the plume will cease until corrective
actions are taken to prevent further exceedances.
Approved erosion control measures will be installed prior to any excavating or grading on-site to prevent
sediment from entering the Bay or leaving the construction site in any way. Anticipated measures to be used
on this project include, but are not limited to, unsupported sediment fence, aggregate check dams, aggregate
construction entrances, and temporary seeding and mulching.
During the construction period, the facilities will be upgraded for unexpected storm events and to ensure that
sediment-laden water does not leave the site.
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 17 of 42
Description of resources in project area:
Describe the existing physical and biological characteristics of the wetland/waterway site by area and type of resource
The project area is located in the South Beach area of Newport, on Yaquina Bay. The site comprises
approximately 5 acres of upland area and approximately 1.2 acres of Yaquina Bay. The site is owned by the
Port of Newport, and is located in a setting of water-dependent and water-related activities, including marine
research and educational facilities. The site is generally flat, although the northern portion is terraced
approximately six feet lower than the southern portion, ranging from 14 to 20 feet above Mean Sea Level
(MSL).
The Yaquina Bay estuary is approximately 4,329 acres in size and drains a watershed of approximately 253
square miles. The geomorphology of the area is that of a drowned river mouth estuary. The Oregon
Department of Land Conservation and Development (DLCD) has classified Yaquina Bay as a Deep Draft
Development Estuary. The estuary has maintained jetties and a navigation channel maintained by dredging to
-30 feet MLLW or deeper. The Yaquina River Estuary Plan calls for management of the area to provide for
public, commercial, and industrial uses, including navigation, marinas, aquaculture, and aggregate extraction.
This area of the estuary is used intensively for shallow and medium draft navigation, moorage of small and
large boats, and recreation.
The estuary has been isolated from wave action from the Pacific Ocean by jetties extending into ocean from
the mouth of the Yaquina Bay. These jetties were begun in the 1880s and extended to their present length in
1972. Protection of the estuary from direct influence of the Pacific has probably changed sediment transport
within the outer estuary over the course of the last century. Present sediment distribution includes nearly clean
sand near the mouth of the estuary with finer sediments upstream. Movement of Pacific sand into the estuary
with tidal flows is also influenced by the Pacific wave field and by storm surges from the Pacific Ocean.
The project area includes shallow subtidal and deep subtidal habitat, deepwater habitat, and eelgrass beds.
These habitats are considered critical for a variety of aquatic species, including OC coho, green sturgeon, and
eulachon.
Throughout the lower portion of Yaquina Bay, the shoreline and aquatic areas are significantly altered with
riprap, bulkheads, piers and wharves, piling, and floating docks, and by dredging and other activities. The
project area directly affected by the construction of the project does not contain natural cover in the form of
submerged and overhanging large wood, large rocks and boulders, or side channels. Within the area of
proposed construction, much of the intertidal zone and portions of the shallow subtidal zone are vegetated with
eelgrass beds. These eelgrass beds provide valuable cover for juvenile fish (including salmonid smolts) and
various invertebrate species. In the immediate vicinity of the proposed construction, the deepwater habitat of
the channel provides additional “natural cover”, which is used by fish to evade predators (Dan Avery, ODFW,
pers. comm. 2009).
Yaquina Bay is designated as essential salmonid habitat. The aquatic habitat at the project site consists of
developed dock facilities, eelgrass beds, unvegetated intertidal and subtidal habitats, and deepwater estuarine
habitat. The action area lacks natural bank slopes and freshwater and saltwater wetlands.
Intertidal Habitat: As part of a shellfish assay, intertidal habitats in the vicinity of the proposed NOAA dock
were classified by substrate as sandy mud, muddy sand, and sand. Based on review of historic aerial
photographs, the sandier areas appear to have formed since the eastern breakwater forming the north side of
the South Beach Marina was built in the late 1970s. Shellfish sampling transects conducted in the summer of
2009 in the vicinity of the proposed NOAA dock showed variation in types of clams and associated species
across the shallow bar. The weight of worms found in each of the quadrats varied with the mud content of the
substrate. The most populous clam recorded during the shellfish assay was the bent-nose clam (Macoma
nasuta). Butter clams (Saxidomas gigantea) are also found in relatively high numbers in this part of the Bay.
The spatial distribution of the clams suggests that the highest concentration of the clams occurs within the
more recently deposited sands at the northwestern fringe of the bar north of the marina breakwater.
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 18 of 42
Amphipods within the intertidal zone form a major food source for salmonid smolts. The Yaquina is known to
have significant populations of Corophium spinicorne, Euohaustorius estuarius, Rhepoxynius abronius, as well
as more recent immigrants such as Grandidierella japonica. Burrowing shrimp hole-density data were collected
along with shellfish data during the summer of 2009. The maximum densities of burrowing shrimp were found
at the edge of the eelgrass zone. Previous invertebrate sampling efforts indicated that ghost shrimp
(Neotrypaea californiensis) are common in the intertidal zone in the vicinity of the project site. Mud shrimp
(Upogebia pugettensis) occurred more commonly in the finer substrate materials of Sallys Bend and King
Slough, further east. The distribution of the shrimp shows the pattern of substrate variation also seen in the
distribution of eelgrass and some species of clams. This pattern appears from historical photographs to be the
result of recent sand deposition at the west end of the project site.
Macroalgae (predominantly the green algae Ulva spp. and Enteromorpha spp.) seasonally cover portions of
the intertidal zone. Distribution of the algae in intertidal zones appears to be related to current movement, with
algal accumulations in areas where tidal currents do not carry it away. Kentula and DeWitt measured the cover
of eelgrass and algae in the Yaquina estuary in 1998. They found that the amount of green algae in the lower
estuary increases through the early summer, peaks in July, and begins to dissipate by August, returning to
June levels by September.
A large portion of the intertidal habitat in the vicinity of the proposed NOAA dock is vegetated by eelgrass
(Zostera marina) beds. These eelgrass beds provide habitat for a wide variety of organisms.
Subtidal Habitat: Subtidal habitats can be divided into two categories: shallow subtidal (-4 feet MLLW to -10
feet MLLW) and deep subtidal (below -10 feet MLLW). In the vicinity of the proposed NOAA docks, the shallow
subtidal zone contains patchy eelgrass beds. Substrates in the shallow subtidal zone are dominated by fine
sand (~0.2 mm), however, which is less suitable for eelgrass growth than more finely grained sediments such
as those that dominate the intertidal portion of the project site. As noted above, eelgrass beds provide habitat
for a wide variety of organisms.
Various studies have documented the biota of Yaquina Bay, but few are specific to the area of the proposed
construction. In 42 bi-weekly trawls at ten stations in Yaquina Bay in 1967 and 1968, De Ben et al. (1990)
documented at least 62 species of finfish and epibenthic crustaceans in the Yaquina estuary, with the highest
diversity and abundance in the lower estuary. Based on this sampling, they concluded that the abundance and
diversity of fish and crustaceans in Yaquina Bay is highest in summer and lowest in winter. Throughout the
estuary, they found English sole (Parophrys vetulus), Pacific snake blenny (Lumpenus sagitta), and shiner sea
perch (Cymatogaster aggregata) to be the three most abundant fishes, and sand shrimp (Crangon spp.),
Dungeness crabs (Cancer magister), and mysids (Neomysis mercedis) to be the three most abundant
crustaceans. The 2002–2005 Oregon State University Marine Team’s ichthyofauna survey of Yaquina Bay
(Gallagher et al. 2006) documented the following aquatic species (in order of abundance) near the project
area: silverside sp., English sole, tubesnout (Aulorhynchus flavidus), Dungeness crab, juvenile rockfish
(Sebastes melanops), speckled sanddab (Citharichthys stigmaeus), and starry flounder (Platichthys stellatus).
The sampling site (at approximately river mile 1.5), which includes similar habitat to that at the Port of Newport,
had the lowest species diversity of five sites sampled between the mouth of the Bay and river mile 8.4.
Seasonal abundance recorded during this sampling effort was lowest during April to May, August, and
November to December. Investigations performed by the United States Environmental Protection Agency
(EPA), Western Ecology Division (WED) identified more than 168 species of macroinvertebrates in the estuary,
with diversity and biomass greatest in the lower estuary. WED found polychaetes to comprise the most
numerous macroinvertebrate taxa, but ghost shrimp and mud shrimp to dominate the infaunal biomass (Brown
et al. 2007).
Deep subtidal estuarine habitat is critical to estuary-dependent marine species as well as to anadromous
salmonids transitioning between freshwater and saltwater. Deepwater estuarine habitat is also important to the
production of forage fish. Native species that use deepwater habitat in the estuary include fall Chinook salmon
(Oncorhynchus tshawytscha), coho salmon, steelhead (Oncorhynchus mykiss), chum salmon (Oncorhynchus
keta), sea-run cutthroat trout (Oncorhynchus clarkii), topsmelt (Atherinops affinis),
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 19 of 42
Pacific herring (Clupea pallasi), longfin smelt (Spirinchus thaleichthys), surf smelt (Hypomesus pretiosus),
Northern anchovy (Engraulis mordax), lingcod (Ophiodon elongatus) eulachon (Thaleichthys pacificus), starry
flounder (Platichthys stellatus), English sole, Pacific staghorn sculpin (Leptocottus armatus), various gobies,
Pacific sand lance (Ammodytes hexapterus), shiner sea perch, threespine stickleback (Gasterosteus
aculeatus), Pacific tomcod (Microgadus proximus), white sturgeon (Acipenser transmontanus) and green
sturgeon (Accipenser medirostris) (Emmett et al. 1991). Dungeness crab, Bay shrimp (Crangon franciscorum),
gaper and cockle clams (Tresus capax and Clinocardium nuttali) also occur in Yaquina Bay’s deepwater
habitats.
Deepwater habitat associated with river channels has been identified as critical rearing habitat for larger
juvenile salmonids (Fresh et al., 2005). Meyers found juvenile fall Chinook in the Yaquina estuary feeding
primarily on larval fish (Northern anchovy, whitebait smelt, Pacific herring, shiner perch, surf smelt), larval
crabs and larval shrimp in the Yaquina River channel. As juvenile salmon grow, they become more vulnerable
to predators in shallow water habitat, and deepwater habitats provides better opportunities to elude predators.
Deepwater habitat in the Yaquina estuary is heavily utilized by Chinook and chum salmon, both of which
exhibit extended periods of estuarine rearing. Data from ORNHIC (2009) and ODFW (2003) indicate that coho,
fall Chinook, and coastal cutthroat trout occur in the Bay seasonally.
The Yaquina estuary provides critical spawning and rearing habitat for a variety of forage fish, including Pacific
herring, Northern anchovy, longfin smelt, whitebait smelt, and surf smelt. Pacific herring spawn in the shallow
waters of the tidal flats and larvae begin rearing in the estuary. Pacific herring are selective pelagic plankton
feeders and during low tide cycles they are concentrated in deepwater habitats of the lower estuary. In marine
waters, species such as Pacific herring, anchovies and smelt provide food for commercial fish such as hake,
salmon, rockfish, halibut (Hippoglossus stenolepis), and lingcod. In Yaquina Bay, forage fish are prey for
California sea lions (Zalophus californicus), harbor seals (Phoca vitulina), brown pelicans (Pelecanus
occidentalis) and many other species.
Eelgrass Beds: Two species of eelgrass grow in Yaquina Bay: Zostera marina and Zostera japonica. Zostera
marina, a native species, is found in three distinct tidal zones within the Bay, with growth forms differing in
each zone: 1) in the lower intertidal and subtidal zones (<0.0 m Mean Lower Low Water (MLLW)) it grows as a
perennial; 2) in the intertidal transition zone (0.0 m to +0.5 m above MLLW) it grows as a perennial and also as
an annual; and 3) in the upper intertidal zone (+0.5 m to <1.5 m above MLLW) it occurs only as annual shoots
(Bayer 1979). Zostera japonica, a non-native species, occurs only in the upper intertidal zone.
The Yaquina estuary contains approximately 243 acres (98.5 hectares) of eelgrass, and review of aerial
photographs from 1997 to the present shows that there is little year-to-year variability in eelgrass coverage
within the estuary. Eelgrass in Yaquina Bay is constrained by several factors, including substrate sediment
movement (which can limit new shoot formation in the intertidal zone), competition for light from epiphytes and
macroalgae (especially Ulva spp. and Enteromorpha spp.), desiccation stress in the upper intertidal zone
(Boese et al. 2005) and lack of available light in the subtidal zone. In addition, residual disease from a slime
mold (Labyrinthula zosterae) infection has periodically limited eelgrass growth. Kentula and Dewitt (2003)
studied the effects of salinity, temperature, turbidity, and nutrient gradients from the mouth of Yaquina Bay
upstream. Their sampling of algal growth, as well as eelgrass shoots, suggest that algal blooms move upriver
from the ocean through the summer and provide light competition for eelgrass.
A study by Thom et al. (2008) of eelgrass populations in Willapa Bay and Coos Bay showed year-to-year
variation in perennial eelgrass populations resulting in more robust populations when exposed to more saline
conditions and lower water temperatures.
Most of the growth of Pacific Northwest eelgrass beds is by clonal vegetative expansion, though a small
portion reproduces sexually. Vegetative shoots grow from the nodes along a rhizome during the spring and
early summer. Measurements of shoot growth by Kentula and McIntire (1980) within eelgrass populations of
Netarts Bay (approximately 50 miles north of Yaquina Bay) found that shoot growth was related to exposure
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 20 of 42
to light and to the physical damage to the shoots associated with the rapid growth of the green alga
(Enteromorpha). When Enteromorpha drifted through eelgrass beds with the tides, it became tangled in the
eelgrass canopy and often uprooted the plants. In addition, when Enteromorpha became attached to the
sediment or on an object within the eelgrass bed, eelgrass growing in the vicinity was often buried by an
increase in sediment deposition. When Enteromorpha disappeared from the eelgrass beds in early August,
there was an increase in eelgrass shoot net primary production. The study also found that less than 7% of the
shoots were seedlings and less then 6% of the total shoots were reproductive. Eelgrass leaves in late summer
were observed to be larger and sparser than in spring. Vegetative shoot densities were found to be at their
maximum in May and declined to a minimum in January.
Eelgrass mostly flowers in the spring, which in part is controlled by water temperatures. Pollen is released as a
mat of sticky threads. Fruiting occurs about a month after anthesis, with the release of 1-2 mm gray-blue seeds
by late summer. Seed dispersal is mostly gravitational, with seeds falling immediately beneath a flowering
spathe. Some dispersal has been noted with seeds attached to air bubbles formed by wave action being
transported for hundreds of feet. Dispersal has also been noted by broken fragments of flowering shoots.
Seeds appear to be viable for no more than a year. Flowering shoots die after seed dispersal. Seed
germination appears to require an anoxic substrate and likely distinct thermal conditions. Germination occurs in
early spring. Seedlings tend to be thickest at the upper edge of the perennial zone.
Eelgrass thrives in the vicinity of the access piers from elevation -6 feet (occasionally -8 ft) MLLW to +2 feet
MLLW. The upper edge of the elevation range varies spatially and temporally and may be influenced by wave
action. Mapping of the upper edge of the eelgrass beds suggests that the location of the upper edge may move
from year to year. Gaps in the eelgrass cover appear to occur in areas where concavities in the shoreline are
likely to focus wave action. The total area of eelgrass beds within the project area is approximately 5.25 acres,
or approximately 2 percent of the total area of eelgrass within the estuary.
Patchiness at the lower edge of the beds is possibly related to light limitation due to wave-induced or propellerwash turbidity at the lower edge of the growth zone. The local thickness of the eelgrass suggests that
conditions are locally suited for growth, but that significant spatial variation in hydrodynamics, herbivory, or
sediment movement may limit the rhizomatous extension of individual plants. Horizontal growth of shoots may
respond to local hydrodynamics. Temporal changes in branching patterns of rhizomes with time suggest that
patch development may be clonally controlled.
Eelgrass beds are important habitats for fishes, shrimps, crabs, and waterfowl. The roots and rhizomes form a
mat that stabilizes otherwise unconsolidated sandy mud substrate. The leaves float to the surface, slowing the
flow of water, which results in the trapping of sediment in the eelgrass bed. The eelgrass leaves provide a
substrate for the attachment of epiphytic plants and animals, and the rhizome mat provides habitat for
invertebrates such as polychaete worms, brittle stars and ribbon worms. The eelgrass beds provide foraging
habitat and cover for juvenile fish, such as English sole, starry flounder and salmonid smolts, and spawning
habitat for species such as Pacific herring. Eelgrass has been designated as "Essential Fish Habitat" for
juvenile salmonids. Juveniles utilize eelgrass beds for cover and forage as they move from freshwater to the
ocean. Adult and juvenile Dungeness crabs can be abundant in eelgrass beds, as can sand shrimp (Crangon
spp.). Eelgrass is eaten by a variety of waterfowl, and it forms a primary component, along with sea lettuce
(Ulva spp.), of the brant’s (Branta bernicla) diet. Much of the plant’s biomass is not eaten directly by
herbivores. Instead, detritus from the decaying eelgrass is suspended in the water column and becomes food
for filter and deposit feeders.
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 21 of 42
Describe the existing navigation, fishing and recreational use of the waterway or wetland.*
Fishing, boating, kayaking, clamming, crabbing, and other recreational activities occur throughout Yaquina
Bay. The construction of the MOC-P wharf and access piers will impact recreational vessels. Restrictions due
to the need to maintain security of the Federal facility will impact clamming in portions of the nearshore area in
front of the proposed MOC-P. This area is particularly important to clammers, as it is one of the few areas in
the Bay to support butter clams.
Every effort was made by NOAA and the Port to reduce recreational impacts; however, certain impacts were
unavoidable. The Port met with ODFW and interested parties to discuss mitigating for recreational impacts.
The proposed recreational mitigation plan is described below. See Figure 13 for the proposed new recreational
areas.
South side of the Bay: A new recreational access point will be constructed to the west of the Port’s parking lot,
east of the Highway 101/Yaquina Bay Bridge. The Port will install a set of concrete stairs with hand rails that
will allow access to the water.
The Port will also construct an improved pathway and construct an unimproved parking area for access to
clamming beds to the east of the South Beach Marina restroom. An informational kiosk for clammers,
fisherman, and the general public, relating to the Yaquina Bay marine environment and recreational
opportunities will also be constructed.
North side of the bay: The Port will provide a 60-foot designated crabbing area on Port dock 7F. Crabbing will
be permitted only on the Bay side of the dock, and will be open to the public during daylight hours.
A pedestrian walkway and viewing area will be installed east of the LNG storage tank on McLean Point. This
will provide easy access to clamming in this area of Sallys Bend. An educational kiosk will be constructed that
describes recreational opportunities in this area of Yaquina Bay. Vehicle parking is already available in this
area.
Site Restoration/Rehabilitation:
For temporary disturbance of soils and/or vegetation in waterways, wetlands or riparian areas, please discuss how you will restore the site
after construction including any monitoring, if necessary*
There will be no temporary impacts; as such, site restoration or rehabilitation is not required.
Mitigation
Describe the reasonably expected adverse effects of the development of this project and how the effects will be mitigated.*
For permanent impact to wetlands, complete and attach a Compensatory Wetland Mitigation (CWM) Plan. (See OAR 141-085-0705 for plan
requirements)*
For permanent impact to waters other than wetlands, complete and attach a Compensatory Mitigation (CM) plan (See OAR 141-085-0765 for
plan requirements)*
For permanent impact to estuarine wetlands, you must submit a CWM plan.*
Overview: The construction of MOC-P will unavoidably impact eelgrass growing in the intertidal (i.e. between
+11.5 feet and -2.4 feet NAVD 88) and subtidal zones (i.e. below -2.40 feet NAVD), an area of unvegetated
tidal flat in the intertidal zone, and the water column. The loss of eelgrass and unvegetated tidal flat will be from
dredging, the construction of piles to support an access pier to the main wharf, a small area of riprap and from
the shade cast by the western access pier on the eelgrass bed. The loss of water column will be from the
construction of piles and fender piles for the main wharf, two access piers, and three dolphins. A summary of
the losses and an overview of the mitigation for each regulated resource are included below:
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 22 of 42
Eelgrass: Eelgrass beds (including Zostera marina and Z. japonica) are located within the nearshore area of
the MOC-P site. The extent of eelgrass observed by underwater video equipment, color infrared aerial
photographs, and from GPS data was documented to be between elevation -8 feet NAVD and +2 feet NAVD.
Losses: The total permanent impact to eelgrass from the construction of the MOC-P facility will be 0.68 acres.
•
0.65 acres of the eelgrass bed will be impacted by dredging. The impact will occur to
eelgrass growing in the intertidal and subtidal zones. The dredging will lower the
surface elevations by up to 11 feet making the loss of eelgrass permanent.
•
0.009 acres of the eelgrass bed will be impacted by the construction of eight 36-inch
diameter piles that will support the western access pier. Impacts to eelgrass in other
areas where piles will be constructed will occur from dredging.
•
0.02 acres of the eelgrass bed will probably be impacted from the shade cast by the
deck of the western access pier.
Proposed Mitigation: The importance of eelgrass beds and the critical functions they provide are well
documented (Fonseca et al., 1998; Thom et al., 2003; Kentula and DeWitt, 2003). We focused on three
important functions that eelgrass beds provide: fish and wildlife habitat, biogeochemical cycling, and sediment
trapping and habitat stabilization. The overall goal of the mitigation plan is to provide a net gain of these
functions in the Yaquina estuary. The specific goals are to restore 2.04 acres of eelgrass habitat to three
separate areas (designated as Mitigation Areas A, B, and C) that have been filled for several decades and to
enhance 0.63 acres of the existing intertidal zone at three locations that do not fully provide these functions.
Within Yaquina Bay, Z. marina can be found in three distinct tidal zones: 1) a permanent bed of perennials in
the lower intertidal and subtidal zones <0.0 m mean lower low water (MLLW); 2) an intertidal transition zone
(0.0 m to +0.5 m above MLLW) consisting of perennial patches and annual shoots; and 3) an upper intertidal
zone (+0.5 m to +1.5 m above MLLW) consisting of only annual shoots (Bayer 1979). Within the three areas
the mitigation plan will restore the lower intertidal zone and lower transition zone, allowing conditions
conducive for the growth of perennial eelgrass beds.
Historic aerial photographs show a change in sediment deposition following the construction of a road into the
Bay. The 1939 aerial photograph shows the deposition of sand either side of the road. The 1968 aerial clearly
shows that the placement of fill material in the vicinity of the MOC-P site. This fill accelerated in the decade that
followed. All three mitigation areas are located in areas that were filled.
The enhancement portions of all three mitigation areas will lower the existing upper transition and upper
intertidal areas to depths sufficient to achieve lower intertidal transition and lower intertidal. The enhancement
areas contain the non-native Z. japonica, unvegetated tidal flat and higher stands of annual Z. marina. The
intertidal areas will be lowered to create conditions more conducive to perennial Z. marina and less hospitable
to Z. japonica. The enhancement of all three areas is also necessary to ensure adequate tidal exchange within
the restoration areas.
The mitigation goals will be achieved by implementing the following objectives: remove fill from three separate
areas of the existing shoreline to restore a daily tidal cycle; excavate approximately two feet of upper intertidal
zone from the three areas.
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 23 of 42
A summary of the mitigation areas is as follows:
•
Mitigation Area A is located in the northern half of a dredge spoils area managed by the Port. The majority
of this area will be excavated to sufficient depths (lowest depth of -4 feet NAVD) to ensure sufficient tidal
exchange and wave action to flush sand, silts and macroalgae out of the mitigation area. Mitigation Area A
will restore approximately 1.88 acres of eelgrass habitat from the dredge area and enhance approximately
0.68 acres of nearshore habitat that will be excavated to remove the non-native Z. japonica, provide better
habitat for the native Z. marina, and ensure that the adjacent restoration area will have sufficient flow
velocities to flush sediment and to better support native eelgrass beds.
•
Mitigation Area B includes 0.10 acres of restoration, which will be achieved by removing an inoperative fish
ladder and riprap that is currently in front of the fish ladder. Mitigation Area B includes enhancing
approximately 0.06 acres of eelgrass habitat by excavating a bench at -1 feet NAVD. This will remove the
non-native Z. japonica, provide better habitat for the native Z. marina, and ensure the adjacent restoration
area will have sufficient flow velocities to flush sediment and better support native eelgrass beds.
•
Mitigation Area C includes 0.06 acres of restoration, which will be achieved by excavating the existing
shoreline and removing riprap. An enhancement area covering 0.04 acres will be excavated in front of the
mitigation area to achieve the same goals as described for Mitigation Areas A and B. Mitigation Area C will
be excavated to a bed elevation of -2 feet NAVD.
Unvegetated intertidal: Unvegetated tidal flats are located within the nearshore area of the MOC-P facility. It
is not completely clear why these areas are unvegetated, but they provide a different habitat niche than the
more structurally complex eelgrass bed.
Losses: Approximately 0.05 acres of the unvegetated intertidal zone will be lowered in elevation approximately
11 feet by dredging. The substrate of the area to be dredged includes sand and sandy mud. It provides habitat
for a variety of clams including bent-nose clams (Macoma nasuta) and butter clams (Saxidomas gigantea),
amphipods, such as Corophium spinicorne, and ghost shrimp (Neotrypaea californiensis).
Proposed Mitigation: Mitigation for the loss of 0.05 acres of unvegetated tidal flat will be the restoration of
unvegetated tidal flats within Mitigation Area A. Mitigation A is large enough to accommodate eelgrass
restoration, plus the unvegetated tidal flat.
Water column: The water column of Yaquina Bay provides habitat for a variety of native fish, including
Chinook salmon, coho salmon, steelhead, chum salmon, sea-run cutthroat trout, topsmelt, Pacific herring,
longfin smelt, surf smelt, northern anchovy, lingcod, eulachon, starry flounder, English sole, Pacific staghorn
sculpin, various gobies, Pacific sand lance, shiner sea perch, threespine stickleback, Pacific tomcod, white
sturgeon, and green sturgeon (Emmett et al. 1991).
Losses: The wharf, the two access piers, the fender piles, and the dolphins will occupy 2,170 cubic yards of
the Bay’s water column (as measured from below the highest measured tide). An additional loss of water
column occurred in January 2010 with the installation of five piles as part of a test pile program for the MOC-P
(DSL permit #43805-FP, COE permit #2009-627). The five piles installed as part of the test pile program
occupied 116 cubic yards. DSL required that due to the temporal loss associated with the delay in
implementing the proposed mitigation, the amount of mitigation required be increased by 25%. As such, the
test pile program needed 145 cubic yards. Therefore, the total loss of water column associated with the
construction of MOC-P is 2,344 cubic yards.
Mitigation: The construction of the MOC-P will require the removal of two docks (Port dock #2 (also called the
crab dock) and an intake dock), the removal of 4 dolphins and navigation marker #10. The removal of the piles
associated with these structures totals 366 cubic yards of the water column.
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 24 of 42
The removal of the structures reduces the need for further mitigation for water column loss to 1,978 cubic
yards. This area will be gained when a concrete hulled ship called the SS C.W. Pasley (Pasley) is removed
during the renovation of the International Terminal. The renovation of the International Terminal is scheduled to
start in the 2010 in-water work period, with the removal of the ship in 2011. The International Terminal is
located on the north side of the Bay and is owned and operated by the Port.
The International Terminal was constructed in 1948. At that time, two concrete cargo ships, both constructed in
1944, were brought to Newport to form the bulkheads of the new dock. The Pasley and the SS Francois
Hennebique were constructed from concrete during World War II when steel was at a premium. The ships
were sunk bow to bow. The Pasley was sunk on the Terminal’s west end, so that approximately 10 feet
separated the bows of the two ships. As part of the renovation, the Port is planning on removing the Pasley
from the Bay. The removal will create 19,500 cubic yards of additional water column. Of this volume, 1,978
cubic yards will be used to mitigate for the construction of the MOC-P facility. The renovation of the
International Terminal is otherwise totally independent from the MOC-P facility and will be issued separate
State and Federal permits.
Mitigation Summary
Table 2 below lists the proposed losses in gains from proposed impacts and mitigation when the MOC-P
facility is constructed.
Table 2
Table of proposed losses and gains in the habitats proposed to be impacted by the
construction of the MOC-P facility
Loss
Net Gain
Habitat Type
Proposed mitigation
(acres or cubic yards)
(acres or cubic yards)
Eelgrass bed
Unvegetated intertidal
Water column
Restoration
2.04*
Enhancement
0.63
Restoration
0.06
Restoration (removal
of existing structures)
366
Restoration (from
International Terminal)
1,978
0.68
0.06
2,344
* The eelgrass restoration area is 2.13 acres in size, which compensates for 0.03 acres of eelgrass impact
at the International Terminal
The compensatory wetland mitigation plan will meet the direct mitigation methods, plans, and application
requirements, as stated in OAR 141-085-0680 through - 0705.
Eelgrass Mitigation Area Site Selection
To compensate for the 0.68 acres of permanent loss of eelgrass habitat associated with the construction of the
MOC-P facility, the Port is proposing to restore three separate mitigation areas. The three sites were selected
after a lengthy search for mitigation opportunities within Yaquina Bay. PHS biologists conducted the search for
suitable eelgrass mitigation sites with the advice of Dan Avery, Oregon Department of Fish and Wildlife, and
Dr. Steve Rumrill, Oregon Department of State Lands. The search occurred from a boat and also from access
along the shoreline. The entire shoreline of the Bay was investigated.
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 25 of 42
Site selection is of paramount importance for eelgrass mitigation. Numerous eelgrass mitigation projects have
been conducted throughout the world and many have not succeeded. We focused our search for suitable
mitigation sites on areas where eelgrass beds could be restored and not just enhanced. Although eelgrass
beds have been successfully enhanced in other estuaries, the functional gain realized from restoring beds is
obviously far greater. As defined in this plan, eelgrass restoration involves the physical removal of manmade fill
along the shoreline to create conditions suitable to support a healthy eelgrass bed.
Eelgrass requires specific conditions to grow. These include specific depth ranges (+3 to -8.0 ft MLLW), light
availability (minimum PAR of 300 uM m-2 s-1 for 3 hrs day-1 during spring and summer), substratum
composition (medium to fine sands, sandy-mud, gravel with 0.5 to 15.0% organic content and low sediment
sulfide toxicity), temperature (optimal 7 to 12 oC; tolerate 4 to 24 oC), salinity (optimal 20 to 34 ppt; tolerate 3 to
35 ppt), inorganic nutrient concentrations (tolerate C:N:P ratio of 500:20:1), and exposure to waves and
currents (minimum 3 cm s-1 to maximum 80 cm s-1; burst velocities up to 180 cm s-1) (Rumrill, 2010).
The search for mitigation was limited to an area extending upstream of Sallys Bend to just downstream of the
Highway 101 Bridge. This range ensures that any functions that are lost from the impacts to eelgrass habitat
are replaced locally. The area upstream of Sallys Bend has lower salinities that will likely not support eelgrass
growth. Areas of tidal flats, such as Sallys Bend, were found to provide less than ideal native eelgrass habitat
due to higher concentrations of fine sediment and higher elevations. The tidal flats only support native eelgrass
at their margins, where sediments contain coarser fractions and where the surface elevations are lower.
Another location investigated for mitigation potential is McLean Point, just downstream of Sallys Bend. This
area provides an opportunity to remove a portion of the shoreline and create an eelgrass bed; however, the
size of the eelgrass bed would be relatively small and the velocities in the area are not ideal. In order to make
the site a success, it was determined that it would need to be protected from strong currents as this site is
close to the thalweg of the river and also from waves that likely exceed the threshold considered ideal for
eelgrass. At sustained high current velocities eelgrass is less likely to form a contiguous bed and if successful
it is often patchier in its distribution (Department of Fisheries and Oceans, 2009)
Downstream of the International Terminal and near the Embarcadero Hotel is an area along the shore that has
potential opportunities for eelgrass growth. However, the width of the eelgrass bed in this area would be very
narrow and may be adversely affected by discharge from a freshwater stream that flows into the Bay at this
location. No other suitable locations in this area were identified.
Removal of the breakwater at the Port’s South Beach Marina would likely have increased sediment deposition
within the marina and may have adversely affected the existing eelgrass beds located further upstream.
Downstream from the marina, steep banks and existing adjacent commercial land uses precluded locating
mitigation areas near the Highway 101 Bridge.
Another opportunity that was investigated was the removal of the riprap foundation of the Oregon State
University (OSU) dock to the east of the proposed MOC-P facility. Not only does the riprap preclude eelgrass
growth, but it hinders juvenile salmonid migration. However, removing the riprap and replacing it with an overwater structure would have meant the dock could not have been used by OSU for an extended period. In
addition to the high cost of this option, the area under the dock likely would not have provided the ideal light
conditions that are required for healthy eelgrass growth.
Other mitigation opportunities in the Bay were limited to enhancing existing eelgrass beds. As stated above,
although this method has proven to be successful in other estuaries, our focus was on locations where
eelgrass could be restored.
After carefully reviewing all of the sites throughout the Bay, the preferred location was determined to be the
existing dredge spoils site located to the west of the proposed MOC-P facility (Mitigation Area A). Two other
smaller sites (B and C) were later identified along the shoreline in front of the MOC-P facility. An obvious
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 26 of 42
advantage of all three sites is that they are close to the area of impact. They are also in close proximity to a
relatively large eelgrass bed that will ideally colonize the mitigation areas by rhizomatous growth and through
seed dispersal. Grading plans prepared for all three sites were modeled by Coast and Harbor, Inc. to
determine the hydrodynamics of the mitigation areas. The model results and subsequent discussions with
engineers from Coast and Harbor confirmed that conditions conducive to the restoration of viable eelgrass
beds are present at all three mitigation areas.
Mitigation Area A, the dredge spoils site, has been used by the Port and the Corps of Engineers for decades.
Historically, the dredge spoils site and the proposed location of the MOC-P facility to the east were part of the
Bay. However, starting in the 1960s, as evident on historic aerial photographs, the area began to be filled. The
dredge spoils site first appears in aerial photographs in 1978. The site currently accepts spoils from the
maintenance dredging of the South Beach Marina and other dredging projects in the Bay. Riprap protects the
shoreline in front of the dredge spoil site from erosion. A boring at the eastern edge of the spoils site showed a
profile of mostly medium to fine-grained sand to a depth of 15 feet below ground surface (nearly 0 feet NAVD).
Another boring excavated to five-feet below the ground surface in front of the dredge spoils site also showed
predominantly fine-grained sand with organics. The dominant vegetation on the dredge spoils site is European
beachgrass (Ammophila arenaria).
Although the original MOC-P site plan included a parking lot and a lawn extending to the edge of the shoreline,
the development plan was revised at the suggestion of ODFW to allow for the excavation of the two eelgrass
mitigation areas. Mitigation Area B is at the site of an inoperative fish ladder and protective riprap. To the east
98 feet is Mitigation Area C, which is currently part of the upland shoreline.
(1)
CWM Plan Content. CWM Plan detail shall be commensurate with the size and complexity of the
proposed mitigation. A CWM plan for permittee responsible CWM (on-site or off-site) shall
include the sections listed below.
(a)
CWM plan overview, including:
(A)
CWM ecological goals and objectives;
Eelgrass
The goals will be achieved by implementing the following objectives: remove fill from three separate areas of
the existing shoreline to restore a daily tidal cycle; excavate approximately two feet of upper intertidal zone
from three areas to enhance hydrology, and transplant native eelgrass into all of the restoration and
enhancement areas to create the complex habitat structure associated with healthy eelgrass beds.
Unvegetated Intertidal
Although eelgrass beds support higher densities and higher species diversity of macrobenthic invertebrates,
unvegetated tidal flats also provide an important habitat niche (Bostrom and Bonsdorff, 1996). The goal of the
mitigation plan is to restore 0.05 acres of unvegetated intertidal zone to an area that has been filled for more
than 40 years. This goal will be achieved at Mitigation Area A by removing spoils from the existing dredge
disposal area to a depth of between +0.5 feet to + 3 feet NAVD and exposing the area to a daily tidal cycle.
(B)
The CWM concept in general terms including a description of how the plan, when implemented,
will replace the functions and values of the impacted non-tidal wetland or tidal waters;
The mitigation plan includes three separate mitigation areas (A, B, and C). Each of the three areas includes a
restoration component, where the existing shoreline will be excavated to expose the areas to a daily tidal cycle,
and an enhancement component, where the areas will be excavated to improve hydrology. The three areas will
provide 2.04 acres of restoration and 0.63 acres of enhancement.
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 27 of 42
Mitigation Area A is located in the northern half of a dredge spoils area managed by the Port. The majority of
this area will be excavated to sufficient depths (lowest depth of -4 feet NAVD) to ensure sufficient tidal
exchange and wave action to flush sand, silts and macroalgae out of the mitigation area.
The restoration portion of Mitigation Area B includes the demolition and removal of an inoperative fish ladder
and riprap from the front of the fish ladder. The restoration portion of Mitigation Area C includes the removal of
riprap currently protecting the shoreline and fill material placed more than 40 years ago. The exposed
substrate of the restoration areas will be medium to fine-grained sand.
The enhancement portions of all three mitigation areas will lower the existing upper transition and upper
intertidal areas to depths sufficient to achieve lower intertidal transition and lower intertidal. The enhancement
areas contain the non-native Z. japonica, unvegetated tidal flat and higher stands of annual Z. marina. The
intertidal areas will be lowered to create conditions more conducive to perennial Z. marina and less hospitable
to Z. japonica. The enhancement of all three areas is also necessary to ensure adequate tidal exchange within
the restoration areas.
All three mitigation areas (restoration and enhancement) will be planted with native eelgrass. Much of the
eelgrass will come from plants taken from the areas to be dredged. Additional plants will come from Sallys
Bend and will be harvested in the summer of 2011. Seed will also be collected during the summer of 2010 and
sown in Mitigation Area A.
Once the plants have become established, they will likely first be colonized by epibenthic and epiphytic
invertebrates and later with infauna. Rhizomatous growth will bind the substrate ensuring the stable habitat
structure used by many species of fish and invertebrates. Once established, the functioning eelgrass beds will
ensure there will be a net increase in the three functions described in this mitigation plan.
Mitigation Area A
Most of Mitigation Area A will be graded to be between 0 feet and -3 feet NAVD (Mean lower low water is at 0.74 feet NAVD and subtidal habitat begins at -2.4 feet NAVD). A channel flowing through the center of the
mitigation area will be at -4 feet NAVD. From the west, the channel will begin along the South Beach Marina
breakwater, where it will intersect an existing channel. The channel will have a depth of -2 feet NAVD. To the
east, the channel will intercept depths at -4 feet NAVD to the northeast of the mitigation area in the existing
tidal flat. This central channel and the lower depths of the opening (at 0 feet NAVD) ensure the mitigation area
will receive sufficient tidal flushing.
This grading plan has been modeled by Coast and Harbor and shows that water velocities in the mitigation
area remain in excess of 0.1 feet per second for most of the tidal cycle. The water velocities suggest they will
be comparable to velocities seen within the existing eelgrass areas north of the mitigation area. The flow
regime ensures sufficient daily tidal exchange, so that very fine sand (0.18 mm) is not likely to be deposited
within the mitigation area. Silt (0.02 mm) may be deposited, but according to the modeling it will be removed by
direct wind-waves propagating from the north. The fetch from the north is short. Modeled waves have a
significant wave height of 1.1 ft and a spectral peak period of 2 seconds.
In addition, algal masses, which can be expected to occur within the sheltered environs of the mitigation site,
will also be flushed away by wave action. Accumulation of algal material is likely to be short-lived and restricted
to the unvegetated margins of the mitigation area. The design of Mitigation A evolved after the modeling and
discussions with Coast and Harbor.
To ensure shoreline stability and to dampen wave breaking at the margins of Mitigation Area A, a gravel beach
is proposed along its south and east edges. Currently, much of the existing shoreline in front of the proposed
MOC-P facility is armored with rock revetment to protect the shoreline from erosion. Within the proposed
mitigation area, wave energy during high tide conditions would be sufficient to move sand-size sediment at the
mitigation site shoreline if it were not protected. The gravel beach will extend from +3.0 feet NAVD to +4.5 feet
NAVD with a flat bench 11 feet wide at elevation +4.5 created by riprap. The riprap will be covered by 6-inches
of beach gravel.
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 28 of 42
Excavation of Mitigation Area A will be started prior to the start of the in-water work period, though the riprap
and existing shoreline will be left in place to ensure there is no direct connection to the Bay until November 1.
Aerial exposure of the substrate before the mitigation area is ready for eelgrass installation may allow oxidation
of reduced organics. Once the majority of the area is excavated, the substrate of the mitigation area could be
amended if needed prior to the installation of eelgrass. The composition of soil materials at the finished grade
is not well known, but is expected to be fine sand with some intermixed organic matter. If necessary,
amendment with a small amount of ferric oxide will keep sulfide toxicity within the substrate to a minimum.
As fresh water influx could pose a problem for eelgrass bed establishment, the project team changed the
discharge location of future stormwater to ensure that flow is redirected away from the mitigation area.
Mitigation Areas B and C
Construction of the Mitigation Areas B and C will be started after the beginning of the in-water work period. The
water velocities are expected to be higher within these two areas than in the main mitigation area to the west.
Mitigation Areas B and C will be excavated to a depth of -1 feet NAVD. This elevation will be for the restoration
and enhancement areas of the mitigation areas. Mitigation Area B was modeled to have tidal peaks in excess
of 1 foot per second. In Mitigation Area C, depth-averaged water velocities were modeled to be in excess of
0.6 feet per second for approximately half of the tidal cycle. The lower elevations of the mitigation areas should
reduce the wave-breaking hydrodynamic forces and will be conducive to the growth of perennial eelgrass. The
beds of both areas will be sand with an average size of 0.2 mm.
Excavation of the mitigation areas will be from a land-based excavator. Turbidity will be monitored visually
during excavation. If turbidity above background levels is observed, the in-water work causing the turbidity will
cease until corrective actions are taken. Such corrective actions may include the installation of a turbidity
curtain around the excavation areas. Installation of the turbidity curtain would require the installation of 10- to
12-inch H piles or 12-inch cylindrical piles spaced approximately 30 feet apart. These piles would be installed
with a vibratory hammer.
(C)
Mitigation site acreage by method(s) of mitigation proposed (restoration, creation and
enhancement) and by proposed HGM and Cowardin classification for each method; and
Mitigation will occur in three locations and will be a combination of restoration and enhancement. The total
mitigation provided for all three areas is as follows:
Summary of the three mitigation areas
Mitigation Method
Acres
Mitigation HGM
Class/Subclass
Mitigation Cowardin
System/Class
Restoration
2.04
ESTUARINE FRINGE
E2AB
Enhancement
0.63
ESTUARINE FRINGE
E2AB
Total
2.67
(D)
Summary of proposed net losses and gains of wetland or tidal waters functions and values.
Eelgrass beds are an important estuarine resource and perform critical functions; however, the standard
methods of assessing wetland functions in Oregon (e.g. HGM, ORWAP) are not appropriate for eelgrass beds.
As such, we have qualitatively assessed the functional losses and gains expected from the proposed project
based on three dominant functions that eelgrass beds perform. An eelgrass bed provides a structured
ecosystem in a relatively unstructured one. This structure forms the basis for three main functions which are
described below: fish and wildlife habitat, sediment trapping and habitat stabilization, and biogeochemical
cycling.
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 29 of 42
Fish and Wildlife Habitat:
Overview: Eelgrass beds provide a variety of microhabitats. Habitat niches are on the leaf and stem surfaces,
on the sediment within the eelgrass bed, and in the water above and below the leaf canopy (Kikuchi and
Peres, 1977). The leaves and stems provide the physical structure and habitat for epiphytic plants and
animals, which provide food for other invertebrates, larval and juvenile fish, and birds. The refuge and
protection afforded by the leaves results in a greater population of crustaceans and fish than in adjacent
unvegetated areas (Department of Fisheries and Oceans, 2009). The physical protection provided by the
leaves also protects animals from sunlight and desiccation during low tides (Thayer et al, 1978).
Nearly all of the anadromous fish species found along the Pacific coast use eelgrass as a nursery area. The
habitat functions of eelgrass are important for many fish, including salmonid smolts spending their summers in
the estuary before going out to sea. Juvenile salmonids often spend extensive time within the beds prior to
entering the ocean. Fish move into the beds to feed and avoid predation during high tides and leave during low
tides. Day-night migration is also thought to occur (Thayer et al, 1978). The eelgrass canopy provides
protection from predators and a ready source of small invertebrates for food.
Most of the seining surveys for fish within Yaquina Bay have been within eelgrass beds. The 1978 Myers
thesis on salmonid populations within the Bay recorded the stomach contents of coho smolts within the
eelgrass beds in the shallow water beach seine areas in the vicinity of the proposed MOC-P dock and
mitigation areas (Myers, 1978). The majority of the diet consisted of anchovy (Engraulis mordax), surf smelt
(Hypomesus pretiosus), and sand lance (Ammodytes hexapterus). These marine taxa spend seasonal portions
of their larval stages in eelgrass beds. Other data sources for estuarine smolts further from the Pacific Ocean
suggest that gammarid amphipods such as Corophium spp. may constitute an appreciable fraction of the smolt
diet. In late winter and early spring in the Bay, Pacific herring regularly spawn in eelgrass beds, laying their
water-hardened eggs on the eelgrass leaf (Hart 1973).
Eelgrass habitat is considered to be an important resource supporting migratory birds during critical life stages
(e.g. migratory periods). Waterfowl, such as black brant geese, feed directly on the plants. Other species feed
on the plants and the epiphytic growth which lives on the leaf surface.
Losses/Gains: The direct impacts to eelgrass from the proposed dredging and the construction of the piles will
ensure that there will be a loss of fish and wildlife habitat within the 2010/2011 in-water work period. Though
the majority of the existing eelgrass bed in front of the proposed MOC-P facility will remain intact, a portion will
be permanently lost. In addition, eelgrass will be temporarily lost when the enhancement areas are excavated
to improve their hydrology and to ensure good hydrology within the restoration areas. Although these areas
contain non-native eelgrass, which is not desirable, it does provide much of the important habitat structure of
eelgrass beds (though its narrower leaves provide less surface areas than native eelgrass) and consequently
performs a fish and wildlife habitat function.
To minimize the temporal loss of this function, the majority of Mitigation Area A will be excavated prior to the
start of the in-water work period. Excavation of the dredge spoil site during the summer will allow the interior
portions of the mitigation area to fill with brackish water and begin the process of soil stabilization. The site will
be excavated behind the riprap seawall to the required grades. This will ensure there is no direct contact with
the Bay, allowing the work to be completed outside of the in-water work period.
Once the in-water work period begins, the barrier between the Bay and Mitigation Area A will be removed and
the area will flood. The other two mitigation areas will also be excavated to create benches at -1 feet and -2
feet NAVD. The excavation will include the enhancement areas to the north of all three restoration sites. Based
on an analysis of the mitigation areas by Coast and Harbor, Mitigation A and C will have flow conditions similar
to portions of the existing eelgrass bed in front of the MOC-P facility. Mitigation Area B will have higher
velocities.
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 30 of 42
The newly excavated areas will likely first colonize with epibenthic invertebrates. Once the areas have been
planted, the physical habitat (structure) will be created for epiphytes and macroinvertebrates. Due to the fact
that the mitigation sites are in the lower intertidal, they will quickly be used by fish and when established will
serve as herring spawning sites.
Although there will be a temporal loss of habitat while the restoration areas become established, the
restoration of 2.04 acres of estuary (at a 3:1 replacement ratio) will ensure there will be a net increase in fish
and wildlife habitat within the estuary.
Sediment trapping and habitat stabilization:
Eelgrass beds trap sediment and stabilize habitat (Wyllie Echeverria and Rutten 1989). Eelgrass beds have
been shown to slow water velocities from tidal currents and wave action. Fonseca et al. (1983) recorded
velocity profiles within the water column in dense eelgrass beds, in eelgrass patches, and in unvegetated
areas adjacent to eelgrass beds. These measurements clearly showed significant differences in local
hydrodynamics affecting sediment transport within the eelgrass beds. The slowing of water by eelgrass
effectively reduces water motion within the leaf canopy. This allows incoming and resident particulate matter to
settle to the bottom. Anecdotal evidence for its geomorphic effects comes from the mass eelgrass wasting
disease die-off caused by the slime mold (Labyrinthula zosterae) infection in the early 1930s. This die-off
decimated many populations throughout the northern hemisphere, resulting in major shoreline erosion in many
areas.
Losses/Gains: As described above, there will be a temporal loss of habitat function until eelgrass becomes
established. Obviously, sediment trapping and habitat stabilization will only function when eelgrass provides
the necessary structure. When fully realized, however, the three restoration areas will ensure the mitigation
plan will provide a net improvement of these functions within the estuary. In addition, the enhancement of
existing eelgrass beds will create conditions conducive for perennial eelgrass and unsuitable for non-native
eelgrass (which has narrower leaves) and annual eelgrass that grows higher in the intertidal zone. As such, not
only will there be an increase in overall area within the Bay, but there will be a shift to perennial eelgrass that
improves this habitat function.
Biogeochemical cycling: The substrate heterogeneity both from eelgrass roots and burrowing crustaceans
plays an important role in biogeochemical cycling within the substrate of the eelgrass bed, both in inorganic
carbon transport and in movement of dissolved nitrogen and phosphate through the substrate. The
heterogeneity is also known to have effects on the concentration of sulfide (Goodman, 1995). The cycling of
roots and rhizomes forms a substrate in eelgrass beds that is exploited by benthic invertebrates, some of
which are unique to eelgrass ecosystems.
Eelgrass is an important primary producer in the estuary. The photosynthetically fixed energy follows two
different pathways: 1) direct grazing of eelgrass leaves, or, 2) the utilization of the detritus produced from
decaying eelgrass (Phillips, 2003). Eelgrass has considerable turnover of biomass during the growing season.
New leaves are grown and die every few weeks through the spring and summer. Leaves grow at rates typically
5 mm/day, but growth rates of over 10 mm/day have been measured under favorable circumstances (Aioi et al
1981). This essential function may be an adaptation to the rapid biofouling of leaf surfaces by various estuarine
epiphytes. The plant litter with its rapid ecosystem assimilation is an important ecosystem function. Bacteria,
worms, and crabs feed on this material locally and then pass it up to other animals in the food web.
Of the two pathways within the eelgrass ecosystem, the detrital pathway is the most important (Phillips, 2003).
Bacteria form the basis of the food web. As leaves age they release both particulate and dissolved carbon and
organic matter, both of which are assimilated by bacteria. The bacteria are consumed by larger organisms,
which are then consumed by larger organisms. The production of detritus and promotion of sedimentation
provides organic matter for nutrient cycling. Epiphytic algae on eelgrass leaves fix nitrogen, which adds to the
nutrient pool. Eelgrass assimilates nutrients from the sediments, transporting them through the plant and
releasing them into the water column through the leaves, thus acting as a nutrient pump. Eelgrass leaves and
their epiphytes pick up water column nutrients (Zieman, 1982).
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 31 of 42
Eelgrass beds can oxygenate water and transform nutrients. The presence of the eelgrass canopy changes
vertical transport of nutrients and carbon dioxide within the eelgrass beds. This allows water within the
eelgrass beds to be clearer than water over unvegetated sediments, thus improving water quality for resident
plants and animals (Fonseca, 1988).
Losses/Gains: As with the other two functions described above, there will be a temporal loss of this function
while the eelgrass bed becomes established. In the long term, the larger physical area (at a greater than 3:1
replacement ratio) and the likely higher functioning perennial form of eelgrass will ensure there is a net
functional gain within the estuary. Bacterial growth will begin almost immediately within the planted mitigation
areas and with it the genesis of the detrital pathway. Eelgrass leaves will quickly turnover and bacteria, worms,
and crabs will feed on the material. As such, nutrients will be transferred to other animals higher in the food
web.
(b) CWM site ownership and location information:
(A) CWM site ownership information (name, address, phone). If this is different from the applicant,
copies of legal agreements granting permission to conduct the CWM and willingness of the
property owner to provide long-term protection are required;
Port of Newport
Attn: Don Mann
600 SE Bay Boulevard
Newport, OR 97365
(541) 265-7758
Oregon Department of State Lands
775 Summer St. NE, Suite 100
Salem, OR 97301-1279
(503) 986-5200
(B) Legal description (Township, Range, Quarter and Quarter-quarter Section and tax lot or lots);
and
Township 11 South, Range 11 West, Section 17. Tax map 11S 11W 17 (Tax lot not available)
(C) CWM site location shown on a USGS or similar map showing the CWM site location relative to
the impacted site, longitude and latitude, physical address, if any (e.g., 512 Elm Street), and
road milepost (e.g., mp 25.21).
A site location map is shown on the attached Figure 14
(c) A description of how the proposed CWM addresses each of the principal objectives for CWM as
defined in OAR 141-085-0680.
•
Replace the functions lost at the removal-fill site: There will be a temporal loss of functions from
dredging, the construction of piles, and shading. However, the mitigation plan includes a greater than
3:1 ratio of replacement. The focus of the mitigation plan is the restoration of habitat (i.e. the removal of
fill material that has been in place for more than 40 years). The removal of this material and the
enhancement of the adjacent intertidal area will ensure there will be a long term net functional gain.
•
Enhance, restore or create tidal areas that are self-sustaining and minimize long-term maintenance
needs: The project will restore eelgrass habitat at a 3:1 replacement ratio and will enhance existing tidal
flats to support the growth of perennial eelgrass. While it is true that eelgrass mitigation has a varied
success rate (Thom et al. 2008), the three mitigation areas were selected and designed to reduce the
likelihood of failure. Coast and Harbor have conducted hydrodynamics and sediment transport
modeling of all three sites and have assisted in the design of the grading plan. Based on their modeling
and knowledge of the Bay, the mitigation areas will not receive a net increase in sediment deposition.
This results in the mitigation areas being self-sustaining and requiring minimal long term maintenance.
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 32 of 42
•
Ensure the siting of CWM in ecologically suitable locations: The locations of the eelgrass mitigation
areas were thoroughly investigated. Essentially all of the shoreline of the Bay (within the defined limits
of our search) was checked for appropriate or practicable conditions to create a functioning eelgrass
mitigation area. The proximity of the mitigation areas to the development site is coincidental. The
mitigation areas were selected because they are the most ecologically well-suited areas and have the
highest chance of success of anywhere we reviewed around the Bay.
•
Minimize temporal loss of tidal waters and their functions and values: Most of Mitigation Area A will be
excavated prior to the start of the in-water work period (though it will not be physically connected to the
Bay until the in-water work period begins). This will minimize the temporal loss of functions that will
occur when a portion of the eelgrass bed is lost from dredging and before eelgrass becomes
established within the three mitigation areas. Eelgrass plugs will be collected during the summer 2010
and raised in seawater tanks at the Oregon Coast Aquarium or transplanted to a holding area along the
nearshore by the OSU dock or to the west of MOC-P. These will be transplanted into the mitigation
areas during the summer of 2011. Eelgrass seed will be collected and sown in Mitigation Area A this
summer for later germination when the area is connected to the Bay. Eelgrass shoots will be
transplanted into the mitigation area as soon as possible to ensure that temporal losses are minimized.
(d) CWM site existing conditions, including the following, as applicable.
(A) If wetlands or tidal waters exist on the CWM site, then the following information be provided:
(i)
A wetland determination/delineation report pursuant to OAR 141-090 for existing wetlands on
the CWM site (or for tidal waters, any wetlands above highest measured tide elevation), as
necessary to confirm acreage of proposed CWM;
The limit of State jurisdiction is established by the highest measured tide at +11.51 feet NAVD 88. It is shown
on Figure 14. No wetlands exist within the project area.
(ii)
Identification of HGM and Cowardin class(es) and subclass(es) of all wetlands and tidal waters
present within the CWM site;
The Cowardin classification for the eelgrass beds is E2AB (estuarine, intertidal, aquatic bed), and the HGM
class is Estuarine Fringe.
(iii) A general description of the existing and proposed water source, duration and frequency of
inundation or saturation, and depth of surface water for wetlands or tidal waters on the CWM
site. This information shall include identification of any water rights necessary to sustain the
intended functions. Evidence that the water right has either been secured or is not required
shall be documented in the first year mitigation monitoring report; and
All three mitigation areas will function as a part of the estuary and be exposed to a daily tidal cycle. The
majority of the area of all three mitigation areas were designed be at the lower intertidal zone.
Most of Mitigation Area A will be graded to be between 0 feet and -3 feet NAVD (Mean lower low water is at 0.74 feet NAVD and subtidal habitat begins at -2.4 feet NAVD). A channel flowing through the center of the
mitigation area will be at -4 feet NAVD. From the west, the channel will begin along the South Beach Marina
breakwater, where it will intersect an existing channel. The channel will have a depth of -2 feet NAVD. To the
east, the channel will intercept depths at -4 feet NAVD to the northeast of the mitigation area in the existing
tidal flat. This central channel and the lower depths of the opening (at 0 feet NAVD) ensure the mitigation area
will receive sufficient tidal flushing.
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 33 of 42
This grading plan has been modeled by Coast and Harbor and shows that water velocities in the mitigation
area remain in excess of 0.1 feet per second for most of the tidal cycle. The water velocities suggest they will
be comparable to velocities seen within the existing eelgrass areas north of the mitigation area. The flow
regime ensures sufficient daily tidal exchange, so that very fine sand (0.18 mm) is not likely to be deposited
within the mitigation area. Silt (0.02 mm) may be deposited, but according to the modeling it will be removed by
direct wind-waves propagating from the north. The fetch from the north is short. Modeled waves have a
significant wave height of 1.1 ft and a spectral peak period of 2 seconds.
In addition, algal masses, which can be expected to occur within the sheltered environs of the mitigation site,
will also be flushed away by wave action. Accumulation of algal material is likely to be short-lived and restricted
to the unvegetated margins of the mitigation area. The design of Mitigation A evolved after the modeling and
discussions with Coast and Harbor.
To ensure shoreline stability and to dampen wave breaking at the margins of Mitigation Area A, a gravel beach
is proposed along its south and east edges. Currently, much of the existing shoreline in front of the proposed
MOC-P facility is armored with rock revetment to protect the shoreline from erosion. Within the proposed
mitigation area, wave energy during high tide conditions would be sufficient to move sand-size sediment at the
mitigation site shoreline if it were not protected. The gravel beach will extend from +3 feet NAVD to +8 feet
NAVD at a 5:1 slope.
Excavation of Mitigation Area A will be started prior to the start of the in-water work period. A physical barrier
will be left between the interior of the mitigation area and the Bay. Aerial exposure of the soil material before
the site is ready for eelgrass installation may allow oxidation of reduced organics within the soil. Once the
majority of the area is excavated, the surface soils of the mitigation area could be amended if needed prior to
the installation of eelgrass. The composition of soil materials at the finished grade is not well known, but is
expected to be fine sand with some intermixed organic matter. Amendment with a small amount of ferric oxide
may keep sulfide toxicity within the substrate to a minimum.
Fresh surface water influx could pose a problem for eelgrass bed establishment. The empty regions within the
existing eelgrass beds north of the dredge spoil pile seem to correlate with the stormwater discharges along
the east side of the present dredge spoil pile. As such, the project team changed the design of the stormwater
plan so that flow is redirected away from the mitigation area.
Construction of the Mitigation Areas B and C will be started after the beginning of the in-water work period. The
water velocities are expected to be higher within these two areas than in the main mitigation area to the west.
Mitigation Areas B and C will be excavated to a depth of -1 feet NAVD. This elevation will be for the restoration
and enhancement areas of the mitigation areas. Mitigation Area B was modeled to have tidal peaks in excess
of 1 foot per second. In Mitigation Area C, depth-averaged water velocities were modeled to be in excess of
0.6 feet per second for approximately half of the tidal cycle. The lower elevations of the mitigation areas should
reduce the wave-breaking hydrodynamic forces and will be conducive to the growth of perennial eelgrass. The
beds of both areas will be sand with an average size of 0.2 mm.
(iv) Plans that involve enhancement shall include identification of the cause(s) of degradation
and how the plan will reverse it and sustain the reversal.
As stated above, the upper intertidal zone (+0.5 m to +1.5 m above MLLW) consists of only annual eelgrass
shoots (Bayer 1979). It is also the only area where the non-native Z. japonica grows. Boese and Robbins
(2008) found that seasonal shoot density at the margins of permanent eelgrass beds in the Bay, which grow in
the transition and lower intertidal zones, were only approximately one-third of the permanent bed densities.
Their study also indicated that desiccation is a controlling factor in the upper intertidal, as is erosion and
macroalgal blooms.
Eelgrass growth in the lower transition and lower intertidal zones are healthier than eelgrass beds at higher
elevations. As such, the three mitigation areas will be excavated to lower depths to facilitate the growth of
healthy native eelgrass beds. The three mitigation areas are not expected to fill in with sediment, thereby
ensuring they will stay at lower elevations.
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 34 of 42
(B)
A description of the major plant communities and their relative distribution, including the
abundance of exotic species within the CWM site and associated buffers.
The restoration portion of Mitigation Area A is a dredge spoils pile dominated by European beachgrass.
Mitigation Area B is an abandoned fish ladder and Mitigation Area C is essentially denuded, except for growth
of annual weeds. All three enhancement areas contain a mix of Z. marina and Z. japonica.
(C)
Approximate location of all water features (e.g., wetlands, streams, lakes) within 500 feet of
the CWM site.
Figure 14 shows the existing conditions of the project site. No wetlands are located within 500 feet of the site.
The site borders Yaquina Bay.
(D)
Any known CWM site constraints or limitations.
Site constraints include avoiding impacts to adjacent eelgrass beds growing at lower elevations when the sites
are excavated. Following the sites excavation, the limitation could be on the amount of donor material available
at other sites throughout the Bay. Care will be taken to take less than 10% of the plants at any one site.
(E)
Plans for CWM by means of restoration shall include documentation sufficient to demonstrate
that the site was formerly, but is not currently, a wetland or tidal water.
Historic aerial photographs show a change in sediment deposition following the construction of a road into the
Bay. A 1939 aerial photograph shows the deposition of sand either side of the road. A 1968 aerial clearly
shows that the placement of fill material in the vicinity of the MOC-P site. This fill accelerated in the decade that
followed. All three mitigation areas are located in areas that were filled.
(e) A functions and values assessment. A summary of the assessment shall be placed in the body of
the CWM plan, and supporting data sheets or assessment model outputs shall be placed in an
appendix of the CWM Plan.
As stated above, the standard methods of assessing wetland functions in Oregon (e.g. HGM, ORWAP) are not
appropriate for eelgrass beds. A qualitative assessment of the functional losses and gains expected from the
proposed project are discussed above. The three main functions described include: fish and wildlife habitat,
sediment trapping and habitat stabilization, and biogeochemical cycling.
(f) CWM drawings and specifications, including:
(A)
Proposed construction schedule;
The proposed construction and planting schedule is listed below:
Implementation
Component
Task
Construction of
Mitigation Area A
Excavating – leaving strip, so there is no contact
with Bay
Sow seed in Mitigation
Area A
Collect seed from nearshore eelgrass bed and
sow into mitigation area
Collect eelgrass shoots from eelgrass bed to be
dredged and transplant into holding area and/or
tanks at Oregon Coast Aquarium; collect seed at
the eelgrass bed in front of the proposed MOC-P
facility
Collect eelgrass shoots
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 35 of 42
Timeline
Summer 2010
Summer 2010
Summer 2010
Implementation
Component
Task
Construction of
Mitigation Area B and C
and remainder of
Mitigation Area A
Excavate B and C. Remove strip of land at A and
connect to Bay
Survey
Conduct as-built survey of all three areas
Transplant eelgrass
Plant eelgrass from holding site and/ or tanks at
Oregon Coast Aquarium; also transplant from
donor site at Sallys Bend (to be identified)
Summer 2011
Transplant eelgrass
Transplant if needed from donor site at Sallys
Bend (to be identified)
Summer 2012
Transplant eelgrass
Transplant if needed from donor site at Sallys
Bend (to be identified)
Summer 2013
Timeline
In-water work
period 2010
Within 60 days of
grading.
(B) Scaled site plan(s) showing CWM project boundaries, existing and proposed wetland or tidal
waters boundaries, restoration, creation and enhancement areas, buffers, existing and
proposed contours, cross section locations, construction access location and staging areas;
See Figures 14 through 14E
(C) Scaled cross sections showing existing and proposed contours and proposed water depths;
Figure 14C and 14D are three cross-sections through the mitigation areas.
(D) Plant list for each Cowardin and HGM class at the CWM site (include scientific names and
wetland indicator status);
Native eelgrass will be the only plant transplanted into the mitigation areas. All three mitigation areas are
expected to eventually support perennial eelgrass beds. It is anticipated that there will be die-off and that
replanting will be required. The tentative planting schedule is as follows:
Summer 2010:
Salvage eelgrass from the proposed dredging area at the MOC-P site and transplant into
holding area and/or tanks at Oregon Coast Aquarium; collect seed at the eelgrass bed in
front of the proposed MOC-P facility
Summer 2011
Plant eelgrass from holding site and/ or tanks at Oregon Coast Aquarium; also transplant
from donor site at Sallys Bend (to be identified)
Summer 2012
Transplant if needed from donor site at Sallys Bend (to be identified)
Summer 2013
Transplant if needed from donor site at Sallys Bend (to be identified)
In the summer of 2010, seeds will be collected and sown into Mitigation Area A. Bare root eelgrass plugs may
also be salvaged from the areas to be dredged and placed in a holding area at the Oregon Coast Aquarium or
near the OSU dock or to the west of the proposed MOC-P. The plugs will be transplanted into the three
mitigation areas during the summer of 2011. Eelgrass sod plugs may also be salvaged from the dredge area
and placed into holding areas during the summer of 2010. They will be transplanted into the mitigation areas
during the summer of 2011.
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 36 of 42
Additional eelgrass plugs from donor sites will also be transplanted into the mitigation areas during the
summers of 2011, and if necessary 2012 and 2013. One of several methods will be used to transplant eelgrass
plants from a donor site or the salvage area. The descriptions of the methods are taken from Rumrill (2010).
Transplant of bare-root plants: This method requires digging the eelgrass plants from the donor site and rinsing
off the mud and fine sediments. During the summer of 2010, this method can only work if a good “holding” area
can be found (as the mitigation areas will not yet be constructed). This method can be used in subsequent
years to transplant eelgrass from donor sites into the mitigation areas.
This method revolves around creating Eelgrass Planting Units (EPU), which are clusters of 2 to 5 plants bound
together with biodegradable string or thin wire and which are placed in cool Bay water. Each EPU is placed
into a narrow hole at the mitigation site spaced 0.5 to 1.0 m apart in a straight line. The EPU is secured into the
sediment with a wire anchor, a wooden stake or a metal washer. As eelgrass will grow from rhizomatous
growth, the goal of the transplant is to achieve approximately 50% of the density at the donor site.
Transplant of intact sod plugs: This method relies on removing intact sod plugs at the salvage site (where
dredging will occur) and being moved to a “holding” area. Each sod plug contains between 10 and 20 eelgrass
plants and is dug deep enough to retain the rhizomes. The sod plug is placed into a tub containing Bay water.
The benefit of this method is that it keeps the rhizomes intact and connected to several plants. The tub is then
moved to the mitigation area (or “holding area” during the 2010 summer) and placed into a hole approximately
8” x 8” x 6” deep. The plugs are anchored using small stakes. The key is making sure the plug is stable. The
plugs are placed approximately one meter apart in a checkerboard pattern. Rhizomatous expansion of a sod
plug planting can be expected to be 0.5 meters per year under ideal conditions (Boese 2009).
Seeding from net bags: Eelgrass seeds will be collected during the summer of 2010 from the salvage site.
Seed production within the existing eelgrass populations occurs through the summer with nearly mature seed
spathes available for harvest by September. Germination studies (Oorth et al. 2000) seem to indicate that
germination is not very dependent on salinity, but may require an anoxic substrate environment. Growth of the
seedlings after germination requires an environment without a high concentration of hydrogen sulfide, so that
artificial alteration of oxygen concentration may be ill-advised. The substrate redox regime of the freshly
excavated Mitigation Area A is difficult to predict, but may have enough fines and redox buffering to foster
germination of the seeds.
The seeds will be collected by hand. Several hundred seeds will be placed into nylon mesh bags, which will be
anchored to the sediment at Mitigation Area A. The seeds will soak within the mitigation area and be slowly
released. Unfortunately, there is no guarantee this method, which has never been used in an Oregon estuary,
will work.
(E) Schematic of any proposed water control structures; and
No water control structures will be used within the mitigation areas.
(F) For CWM sites involving tidal waters, plan views and cross-sections shall show relevant tidal
elevations relative to mean lower low water (MLLW) using the nearest local tidal datum. The
elevation of MLLW shall be referenced to the North American Vertical Datum 1988 (NAVD88).
Figures 14A and 14B illustrates the mitigation areas and their spatial relationship to MLLW.
(g) Proposed CWM performance standards. The applicant may propose to use applicable pre-defined
performance standards as approved by the Department, or may provide CWM site-specific
performance standards that:
(A) Address the proposed ecological goals and objectives for the CWM;
(B) Are objective and measurable; and
(C) Provide a timeline for achievement of each performance standard.
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 37 of 42
The overall goal of the mitigation plan is to achieve a net gain of the functions that eelgrass beds provide in the
Yaquina estuary. This will be achieved through the successful restoration and enhancement of the three
mitigation areas.
To achieve the project goals the following will be performed:
Eelgrass
Grading:
•
Mitigation Area A will be graded as depicted on Figure 14A and 14C. Its lowest depths will be at -4 feet
NAVD. It will gently slope to the north up to a maximum elevation of 0 feet NAVD. An area of 2.04 acres
will be restored and 0.63 acres will be enhanced.
•
Mitigation Area B will be graded to create a flat bench at -1 feet NAVD and Mitigation Area C will be
graded to create a flat bench at -2 feet NAVD. An area of 0.10 acres will be restored and 0.06 acres will
be enhanced for Mitigation Area B. An area of 0.06 acres will be restored and 0.04 acres will be
enhanced for Mitigation Area C.
Planting:
•
In the summer of 2010, seeds will be collected and sown into Mitigation Area A. Bare root eelgrass
plugs will be salvaged from the areas to be dredged and placed in saltwater tanks at the Oregon Coast
Aquarium or a holding area near the OSU dock or to the west of the proposed NOAA MOC-P. They will
be transplanted into the three mitigation areas during the summer of 2011. Sod plugs will be salvaged
from the dredge spoil area and placed into a holding area during the summer of 2010. They will be
transplanted into the mitigation areas during the summer of 2011.
•
Additional eelgrass plugs will be transplanted into the mitigation areas during the summers of 2011 and
if necessary 2012.
Unvegetated Intertidal
The unvegetated intertidal area will be excavated during the summer of 2010, but only connected to the Bay at
the start of the in-water work period. Non-native eelgrass may start to grow within the unvegetated area due to
the fact that it is located in the higher intertidal and open to a daily tidal cycle. All non-native eelgrass will be
removed from the mitigation areas on an annual basis.
Performance Standards and Success Criteria
Thom et al (2009) noted that criteria used to evaluate the performance of eelgrass restoration needs to be
simple and easily quantifiable.
•
All three mitigation areas will be exposed to a daily tidal cycle. Tidal flushing will be sufficient to ensure
that macroalgae does not accumulate within the mitigation areas
•
As a metric of success, the mean sampled shoot density will be a minimum of 20 shoots per square
meter in July.
•
The mitigation areas will be monitored for 10 years. Annual monitoring at all three sites will occur;
however, we do not expect to reach the metric cited above until the 4th year. Prior to this year, the
mitigation areas will be monitored to ensure they are on a trajectory for success and that they will be
self sustaining.
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 38 of 42
(h) A description of the proposed financial security instrument. The Department will determine the
amount of security required. A final financial security instrument will be required prior to permit
issuance unless otherwise approved by the Department.
The Port will provide financial security for the project as required by OAR 141-085-0176.
(i) A monitoring plan including specific methods, timing, monitoring plot locations, and photodocumentation locations.
Monitoring will be conducted over a ten-year period. The monitoring will take into account any natural
perturbations observed at other eelgrass beds within Yaquina Bay. Monitoring reports will be prepared
annually for fours years (2011, 2012, 2013, and 2014). Three more reports will be written for years 6, 8, and 10
(2016, 2018, and 2020). The Port of Newport is responsible for all monitoring and maintenance of the
mitigation site.
On-site monitoring will include photodocumentation at selected locations. A series of transects will be used to
assess eelgrass growth within each mitigation area. Quadrats of 0.25 meter2 will be used to assess the shoot
density along each transect. It is expected that throughout each mitigation area, eelgrass growth will be patchy.
(j) A long-term maintenance plan describing:
(A)
How the applicant anticipates providing for maintenance of the CWM site beyond the
monitoring period to ensure its sustainability (e.g., maintenance of any water control
structures, weed management, prescribed burning, and vandalism repair);
The tidal water velocities may be low enough in the upper portion (above +0.5 feet NAVD) of Mitigation Area A
that non-native Z. japonica may become established. By mid-July, when the native eelgrass is easily
distinguished from Z. japonica, the non-native eelgrass will be removed and placed above the highest tide line.
The sequence for implementing corrective actions will be as follows:
•
Observe – The Port will transplant eelgrass into the mitigation areas during the summer of 2011, but
will monitor the progress of mitigation for two years before deciding to take any corrective actions; This
is based on observations, such as Thom et al (2009) who noted that a decline in eelgrass density
following the first year after planting was followed by an increase in eelgrass density. Annual reports will
be sent to the agencies and in consultation with NMFS, DSL, ODFW, and the Corps, a decision of
whether to implement corrective action(s) will be made at the end of the second year.
•
Implement corrective action(s) – If monitoring shows that eelgrass is not surviving and reaching the
performance standard, an assessment of the rate of sediment deposition, water velocities, and
macroalgae accumulation will be made. Corrective actions could include recontouring the mitigation
areas, which may prolong the monitoring period, or changing the method or the timing of eelgrass
planting.
•
Change performance standards/construct new mitigation areas – if after implementing all corrective
actions the mitigation areas are still not meeting success criteria, the Port will investigate whether other
locations within the Bay could support eelgrass. Alternately, in coordination with NMFS, DSL, ODFW,
and the Corps, the Port could alter the success criteria to match the conditions of the mitigation area.
(B)
Expected long-term ownership of the CWM site and the anticipated responsible party or
parties for long-term maintenance; and
The Port Commission will either adopt a long term management plan that will stipulate maintenance activities,
responsible parties, and a funding source or a third party steward (as yet to be identified) will be awarded an
endowment to manage the mitigation area.
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 39 of 42
(C)
How the maintenance activities are anticipated to be funded.
The Port will finance all maintenance activities through a performance bond or endowment.
(k) The CWM plan shall identify the long-term protection instrument for the CWM site in accordance
with OAR 141-085-0695.
The three mitigation areas will be protected by a conservation easement.
Mitigation Location Information (Fill out only when mitigation is proposed or required)
Proposed mitigation
(Check all that apply):
X
X
Onsite Mitigation
Type of mitigation:
Offsite Mitigation
Wetland Mitigation
Mitigation Bank
Mitigation for impacts to other waters
X
X
Payment to Provide
Mitigation for impacts to navigation, fishing, or recreation
Street, Road or Other Descriptive Location
Legal Description (attach tax lot map*)
Quarter/Quarter
Section
2002 SE Marine Science Drive
In or near (City or Town)
17
County
Newport
Township
Range
11S
11W
Tax Map #
Tax Lot #
Latitude (in DD.DDDD format)
Longitude (in DD.DDDD format)
Lincoln
Waterway
River Mile (if known)
Yaquina Bay
1.5
Name of waterway/watershed/HUC:
44.625204° north
Yaquina Bay/17100204
-124.047354° west
Name of mitigation bank (if applicable)
(6) ADDITIONAL INFORMATION
Adjoining Property Owners and Their Address and Phone Numbers (if more than 5, attach printed labels*)
Department of State Lands
775 Summer Street NE
Salem, OR 97301
Has the proposed activity or any related activity received the attention of the Corps of Engineers or the Department of State Lands in the past, e.g.,
wetland delineation, violation, permit, lease request, etc.?
Yes
X
No
If yes, what identification number(s) were assigned by the respective agencies:
Corps #
2009-627
State of Oregon #
Has a wetland delineation been completed for this site?
43805-FP
Yes
No
Yes
No
X
If yes by whom?*
Has the wetland delineation been approved by DSL or the COE?
If yes, attach a concurrence letter. *
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 40 of 42
(7) CITY/COUNTY PLANNING DEPARTMENT AFFIDAVIT
(TO BE COMPLETED BY LOCAL PLANNING OFFICIAL) *
I have reviewed the project outlined in this application and have determined that:
This project is not regulated by the comprehensive plan and land use regulations.
This project is consistent with the comprehensive plan and land use regulations.
This project will be consistent with the comprehensive plan and land use regulations when the following local approval(s) are obtained.
Conditional Use Approval
Development Permit
Other
This project is not consistent with the comprehensive plan. Consistency requires a
Plan Amendment
Zone Change
Other
An application has
Local planning official name (print)
has not
Signature
been filed for local approvals checked above.
Title
City / County
Date
Comments:
(8) COASTAL ZONE CERTIFICATION *
If the proposed activity described in your permit application is within the Oregon coastal zone, the following certification is required before your
application can be processed. A public notice will be issued with the certification statement, which will be forwarded to the Oregon Department of
Land Conservation and Development for its concurrence or objection. For additional information on the Oregon Coastal Zone Management Program,
contact the department at 635 Capitol Street NE, Suite 150, Salem, Oregon 97301 or call 503-373-0050.
CERTIFICATION STATEMENT
I certify that, to the best of my knowledge and belief, the proposed activity described in this application complies with the approved Oregon Coastal
Zone Management Program and will be completed in a manner consistent with the program.
Print /Type Name
Title
Applicant Signature
Date
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 41 of 42
(9) SIGNATURES FOR JOINT APPLICATION
Application is hereby made for the activities described herein. I certify that I am familiar with the information contained in the application, and, to
the best of my knowledge and belief, this information is true, complete, and accurate. I further certify that I possess the authority to undertake the
proposed activities. By signing this application I consent to allow Corps or Dept. of State Lands staff to enter into the above-described property to
inspect the project location and to determine compliance with an authorization, if granted. I herby authorize the person identified in the authorized
agent block below to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in
support of this permit application.
I understand that the granting of other permits by local, county, state or federal agencies does not release me from the requirement of obtaining the
permits requested before commencing the project. I understand that payment of the required state processing fee does not guarantee permit issuance.
The fee for the state application must accompany the application for completeness.
Amount enclosed
$
Print /Type Name
Title
Print /Type Name
Title
Applicant Signature
Date
Authorized Agent Signature
Date
Landowner signatures: For projects and /or mitigation work proposed on land not owned by the applicant, including state-owned submerged and
submersible lands, please provide signatures below. A signature by the Department of State Lands for activities proposed on state-owned
submerged/submersible lands only grants the applicant consent to apply for authorization to conduct removal/fill activities on such lands. This
signature for activities on state-owned submerged and submersible lands grants no other authority, express or implied.
Print /Type Name
Title
Print /Type Name
Title
Property Owner Signature
Date
Mitigation Property Owner Signature
Date
Print /Type Name
Title
Property Owner Signature
Date
Joint permit application for NOAA MOC-P Facility – Newport, Oregon / PHS # 4549
Page 42 of 42
Project Area
Mitigation
Area
4/29/10
4549
Location and general topography of the Proposed NOAA MOC-P Facility in Newport,
Oregon (Newport North and Newport South quadrangles, USA Maps, 2009).
Pacific Habitat Services, Inc.
FIGURE
1
Project Area
YAQUINA BAY
4/29/10
4549
Tax lot map showing the location of the Proposed NOAA MOC –P Facility (11 S 11W
sec 17, Tax lots 100, 104, 107-21, 111 (OrMap, 2009).
Pacific Habitat Services, Inc.
FIGURE
2
4 16-Pile Dolphins
Port Dock 2
USCG Navigational Marker 10
Intake Pier
Fish Ladder
Dredge Spoil Pile
4/28/10
4549
February 2010 Aerial Photo showing existing structures to be removed at the MOCP site in Newport, OR (Provided by DayCPM)
Pacific Habitat Services, Inc.
FIGURE
3