00014917_Exh 7-2_Permit Application.pdf

1 April 27 2023

Joint Permit Application This is a joint application, and must be sent to all agencies (Corps, DSL, and DEQ). Alternative forms of permit applications may be acceptable; contact the Corps and DSL for more information.

Date Stamp

U.S. Army Corps of Engineers Portland District

Oregon Department of State Lands

Oregon Department of Environmental Quality Action ID Number Number

(1) TYPE OF PERMIT(S) IF KNOWN (check all that apply)

Corps: ☐Individual ☐Nationwide No.: _ _ ☐Regional General Permit _ _ ☐Other (specify): _ _

DSL: ☐Individual ☒GP Trans ☐GP Min Wet ☐GP Maint Dredge ☐GP Ocean Energy ☐No Permit Waiver

(2) APPLICANT AND LANDOWNER CONTACT INFORMATION

Applicant Property Owner (if different) Authorized Agent (if applicable) ☒ Consultant ☐ Contractor

Name (Required) Business Name Mailing Address 1 Mailing Address 2 City, State, Zip

Irene Ulm Oregon Department of Transportation 3700 SW Philomath Blvd.

Corvallis OR 97333

Same as Applicant

Business Phone Cell Phone Fax Email

541-757-4107

503-580-0101 541-757-4290 Irene.m.ulm@odot.oregon.

gov

(3) PROJECT INFORMATION

A. Provide the project location.

Project Name Yaquina Bay Bridge Pier 2 Dolphin Replacement Project

Latitude & Longitude* (in DD.DDDD format) 44.62141N & -124.05548W

Project Address / Location City (nearest) Newport

County Lincoln

Township Range Section Quarter / Quarter Tax Lot T 11 S R 11 W Sec 17 WATER

Brief Directions to the Site: Take US 101 south from Newport to the right-hand exit ramp to Yaquina State Park prior to crossing the bridge. Then take the left ramp to the north end of the bridge. Pier 2 is visible from the overlook.

B. What types of waterbodies or wetlands are present in your project area? (Check all that apply.)

☒ River / Stream ☐ Non-Tidal Wetland ☐ Lake / Reservoir / Pond

☒ Estuary or Tidal Wetland ☐ Other ☒ Pacific Ocean Waterbody or Wetland Name** Yaquina River and Estuary

River Mile

RM 1

6th Field HUC Name Poole Slough/Lower Yaquina River

6th Field HUC (12 digits) 171002040303

* In decimal format (e.g., 44.9399, -123.0283) ** If there is no official name for the wetland or waterbody, create a unique name (such as “Wetland 1” or “Tributary A”).

AUG 20 2025

65712GP

https://www.latlong.net/ https://tools.oregonexplorer.info/OE_HtmlViewer/Index.html?viewer=oe https://tools.oregonexplorer.info/OE_HtmlViewer/Index.html?viewer=oe Kizzy Hatter

DSL

2 April 27 2023

C. Indicate the project category. (Check all that apply.)

☐ Commercial Development ☐ Industrial Development ☐ Residential Development

☐ Institutional Development ☐ Agricultural ☐ Recreational

☒ Transportation ☐ Restoration ☒ Bridge

☐ Dredging ☐ Utility lines ☐ Survey or Sampling

☒ In- or Over-Water Structure ☒ Maintenance ☒ Other: Navigation Channel

(4) PROJECT DESCRIPTION

A. Summarize the overall project including work in areas both in and outside of waters or wetlands.

The overall project includes the following:

a) Thirty-three (33) steel piles, grouped in sets of 3 for a total of 11 dolphins, will be removed. These piles currently separate the federal navigation channel from the Yaquina Bay Bridge’s Pier 2 which is the main-span pier on the north side of the navigation channel.

b) The 36 replacement dolphins will be installed offset from the existing dolphins to a depth of 20 feet to avoid driving piles in disturbed sediments. The replaced piles consist of 16-inch steel pipe grouped into 12 dolphins of three piles each for a total of 36 piles.

c) For the removal of the 33 old piles, the total ground disturbance is 12936 square feet (sq.ft.) or 0.297 acre (ac) and the fill of 36 new piles is 14112 sq.ft. or 0.32 ac.

d) Within the total ground disturbance area listed above (0.32 acre), for the removal of up to 39 old discarded H-piles from the bay floor, the area is 2730 sq.ft. or 0.06 ac.

Replacing the dolphins in the exact locations that they currently occupy would require significantly deeper embedment for stability/strength; therefore, the dolphins will be slightly offset from the original holes that they are removed from (Oregon Department of Transportation (ODOT) Geotechnical Engineers).

The project will be designed and managed by ODOT during the 2025-2026 Oregon Department of Fish & Wildlife (ODFW) In-Water Work Window (IWWW) from November 1, 2025 to February 15, 2026. Oregon Department of State Lands (DSL) Jurisdiction is taken at 11.5’ Highest Measured Tide (HMT) in Yaquina Bay.

Additional requirements from the U.S. Coast Guard (USCG) include maintaining navigational beacons during construction, providing a non-marring contact surface near the waterline on dolphins, and maintaining the same final channel width. Permission has been granted by USCG for the proposed pier replacement under Section 408 (Section 14 of the Rivers & Harbors Act of 1899).

Existing discarded steel H-piles from the previous pier protection replacement project in 1977 are lying on the Yaquina Bay floor in the vicinity of the existing pier protection and may present an obstacle to pile installation.

Proposed work includes removing all existing discarded steel H-piles from the bay floor in the vicinity of the Pier 2 protection. The quantity of steel pilings to be removed from the bay floor is a maximum of 39 piles with a maximum length per pile of 70 feet and width of 12 inches. Sediment disturbance will be limited during pile removal during outgoing tides. The H-Piles may be partially covered by sand and mud. This work is within the total work area.

B. Describe work within waters and wetlands.

The proposed work in waters (Yaquina Bay) includes:

1) The removal of 33 old steel piles over a total area of 12936 square feet or 0.297 acre and a total volume of 9.9 cubic yards. Each hollow cylinder pile has a 16-inch diameter.

2) The fill of 36 new hollow cylinder steel piles over a total area of 14112 square feet or 0.32 acre and a total volume of 10.8 cubic yards. Each 70-foot pile will be embedded 20 feet.

3) The removal of up to 39 discarded steel H-Piles from the previous pier protection project in 1977 over an area of 2730 square feet or 0.06 ac and a total volume of 46.8 cubic yards

The pile removal and driving will be accomplished in Yaquina Bay using barge-mounted equipment with supporting spuds during the ODFW IWWW from November 1, 2025 to February 15, 2026.

3 April 27 2023

There are significant beds of eelgrass (Zostera maritima) in the vicinity of the work, but these beds do not overlap with the proposed project work. Eelgrass beds are important to fish life history and rearing and are protected by “No Work Zones” defined in the contract documents (Plans & Specs).

C. Construction Methods. Describe how the removal and/or fill activities will be accomplished to minimize impacts to waters and wetlands.

For the new piling replacement, the pilings will be removed and replaced using barge-mounted equipment with supporting spuds during the ODFW IWWW from November 1, 2025 to February 15, 2026. Barge Use is addressed in the ODOT Specifications Sections 253 and 290.

For the removal of old discarded steel H-Piles from the bay floor, the same equipment will be used as for the dolphin removal work. H-Pile removal will consist of divers rigging underwater piles to a barge-and-crane-mounted hoist that will lift piles from the bay floor to the barge.

The eelgrass beds are protected by “No Work Zones” defined in the contract documents (ODOT Plans & Specifications: Section 290-Environmental Protection). See Plan Sheet J01 in Appendix A.

The ODOT 290 Specifications for Environmental Protection include detailed procedures for the Contractor to follow for Pollution Control, Water Quality, Turbidity Monitoring, Protection of Fish & Fish Habitat, Regulated Work Areas, Prohibited Operations, Aquatic Species Protection Measures Required by Environmental Permits, Water Intake Screening, Piling Removal & Installation, Floating Structures, Protection of Marine Mammals, and Protection of Waters of the U.S. or State. Final copies are available upon request.

(4) PROJECT DESCRIPTION (continued)

4 April 27 2023

D. Describe source of fill material and disposal locations if known.

The fill material consists of Contractor-provided new steel piles that will replace old corroded steel piles. The Contractor will be responsible for disposing the old corroded steel piles to a designated upland disposal site.

The Contractor will also be responsible for disposing the old discarded steel H-Piles (from the 1977 work) left on the bay bottom to an approved upland disposal site.

E. Construction timeline.

What is the estimated project start date? November 1, 2025 ODFW IWWW

What is the estimated project completion date? February 15, 2026 ODFW IWWW

Is any of the work underway or already complete? ☐ Yes ☒ No If yes, please describe.

F. Removal Volumes and Dimensions (if more than 7 impact sites, include a summary table as an attachment)

Wetland / Waterbody Name *

Removal Dimensions Time Removal is to remain**

Material*** Length

(ft.)

Width

(ft.)

Depth

(ft.)

Area

(sq.ft. or ac.)

Volume

(c.y.)

Yaquina Bay 65’ea below

HMT

1.33’ea 16 inch

392 sf ea x 33= 12936 sf or

0.297 ac

0.3 cy ea x 33=

9.9 cy temporary Removal of 33 Old Steel Piles (hollow cylinders)

Yaquina Bay 70’ea H-pile

1’ea 12 inch

70 sf ea x 39=2730 sf or

0.06 ac

1.2 cy ea x 39=

46.8 cy permanent Removal of up to 39 old steel H-piles (from 1977) on the Yaquina Bay floor

G. Total Removal Volumes and Dimensions Total Removal to Wetlands and Other Waters Length (ft.) Area (sq. ft or ac.) Volume (c.y.)

Total Removal to Wetlands Total Removal Below Ordinary High Water

Total Removal Below Highest Measured Tide 15666 sf or 0.36ac 56.7 cy Total Removal Below High Tide Line

Total Removal Below Mean High Water Tidal Elevation

H. Fill Volumes and Dimensions (if more than 7 impact sites, include a summary table as an attachment)

Wetland / Waterbody Name*

Fill Dimensions Time Fill is to remain**

Material*** Length

(ft.)

Width

(ft.)

Depth

(ft.)

Area

(sq. ft. or ac.)

Volume

(c.y.)

Yaquina Bay 65’ea

Below

HMT

1.33’ea 16 inch

392 sf ea x 36=14112 sf or 0.32ac

0.3cy ea x 36= 10.8cy

Permanent Install 36 New Steel Piles (hollow cylinder) https://www.oregon.gov/dsl/wetlands-waters/Documents/DeterminingHighestMeasuredTide.pdf http://www.nwp.usace.army.mil/Missions/Regulatory/Jurisdiction.aspx

5 April 27 2023

(4) PROJECT DESCRIPTION (CONTINUED)

I. Total Fill Volumes and Dimensions Total Fill to Wetlands and Other Waters Length (ft.) Area (sq. ft or ac.) Volume (c.y.)

Total Fill to Wetlands

Total Fill Below Ordinary High Water

Total Fill Below Highest Measured Tide 14112 sq.ft or 0.32 ac 10.8 cy

Total Fill Below High Tide Line

Total Fill Below Mean High Water Tidal Elevation

*If there is no official name for the wetland or waterbody, create a unique name (such as “Wetland 1” or “Tributary A”).

**Indicate whether the proposed area of removal or fill is permanent or, if you are proposing temporary impacts, specify the days, months or years the fill or removal is to remain.

*** Example: soil, gravel, wood, concrete, pilings, rock etc.

(5) PROJECT PURPOSE AND NEED

Provide a statement of the purpose and need for the overall project.

In December 2023, ODOT Bridge Engineering Section was asked to develop a Bridge Strategy Memo since the U.S. Coast Guard (USGS) received a report of damaged protection piers. Subsequently, the USCG requested a status report on current conditions and a planned timeline for repairs. The corrosion of the steel dolphins has been an ongoing problem that requires a high frequency of anode puck replacement.

ODOT prepared a Site Visit Memo on 6/20/2024 defining the scope of this bridge maintenance project to replace the steel dolphins at Pier 2 (Bent 7) with an equivalent system having similar capacity and performance qualities. As noted in the underwater inspection report, the field observations show that all the steel piles have section loss from corrosion in the tidal zone, and two of the eleven steel pile groups have failed and the pile group is no longer intact above the water line. Therefore, replacement is recommended.

(6) DESCRIPTION OF RESOURCES IN PROJECT AREA

A. Describe the existing physical, chemical, and biological characteristics of each wetland or waterbody.

Reference the wetland and waters delineation report if one is available. Include the list of items provided in the instructions.

The Pier 2 dolphin replacement project will occur in the Yaquina Bay Estuary, about 1 River Mile from the Pacific Ocean within the intertidal zone below highest measured tide (HMT). The Cowardin Class is E2US2/3 Estuarine Intertidal Unconsolidated Shore Sand/Mud & HGM subclass is Estuarine Fringe Embayment (EFB).

Eelgrass beds that are mapped in the project vicinity are considered Aquatic Resources of Special Concern (ARSC). Eelgrass serves as a high-value nursery for native fish & invertebrates & as foraging habitat for seabirds. The Cowardin classification for the eelgrass/SAV beds is E1AB3-Estuarine Subtidal Aquatic Bed Rooted Vascular & HGM subclass is Estuarine Fringe Embayment (EFB).

Yaquina Bay has documented haul-out areas for marine mammals (seals and sea lions). The population of California Sea lions (~500) is the highest in the Fall through Spring, and Harbor Seals (~60) peak in April/May.

Grey Whales migrate up and down the Oregon Coast during their migration periods and enter the Bay periodically. Transient Killer Whales sometimes enter the Yaquina Bay seeking prey including sea lions and seals.

B. Describe the existing navigation, fishing and recreational use of the waterbody or wetland.

https://www.oregon.gov/dsl/wetlands-waters/Documents/DeterminingHighestMeasuredTide.pdf

6 April 27 2023

The Yaquina Bay Estuary provides a commercial and recreational fishery that includes shellfish, crabs, and fish.

Yaquina Bay has a public fishing/crabbing pier and commercial/recreational marina near the Bay Bridge.

The USCG has a station in Yaquina Bay nearby in Newport.

NOAA (Fisheries) has research vessels at their facility nearby.

The proposed work is adjacent to the federal navigation channel. Under Section 408 of Section 14 of the Rivers & Harbors Act of 1899, the Corps has given ODOT permission “to make alterations to, or to temporarily or permanently occupy or use, any USACE federally authorized project”, in this case, operate barges in and near the navigation channel for the Pier 2 Dolphin Replacement Project.

(7) PROJECT SPECIFIC CRITERIA AND ALTERNATIVES ANALYSIS

Describe project-specific criteria necessary to achieve the project purpose. Describe alternative sites and project designs that were considered to avoid or minimize impacts to the waterbody or wetland.

The project purpose is to replace corroded piles at the Pier 2 Dolphin at bridge bent 7 of the Yaquina Bay Bridge as requested by the USCG due to a report of damaged protection piers.

In order to achieve the project purpose, ODOT structural bridge engineers and the bridge inspection team inspected the Pier 2 Dolphin on June 5, 2024 and concluded that pier replacement is required due to advanced deterioration due to corrosion.

In order to avoid & minimize impacts to Yaquina Bay and the nearby eelgrass beds, barges will be used to keep equipment off the Bay bottom.

“No Work Zones” are delineated on the plans and included in the specifications to protect sensitive eelgrass beds nearby.

Biological monitoring will be implemented on-site the entire construction sequence to monitor marine mammals per the Marine Mammal Protection Act Incidental Harassment Authorization (IHA) permit. There are specifications in the project contract to stop work if whales or marine mammals come too close to the pile removal or vibratory pile installation.

ODOT Construction inspectors will be on-site to make sure contract specifications are followed.

(8) ADDITIONAL INFORMATION

Are there state or federally listed species on the project site? ☒ Yes ☐ No ☐ Unknown

Is the project site within designated or proposed critical habitat? ☒ Yes ☐ No ☐ Unknown

Is the project site within a national Wild and Scenic River? ☐ Yes ☐ No ☒ Unknown

Is the project site within a State Scenic Waterway? ☐ Yes ☐ No ☒ Unknown

Is the project site within the 100-year floodplain? ☒ Yes ☐ No ☐ Unknown

If yes to any above, explain in Block 6 and describe measures to minimize adverse effects to those resources in Block 7.

Is the project site within the Territorial Sea Plan (TSP) Area? ☒ Yes ☐ No ☐ Unknown If yes, attach TSP review as a separate document for DSL.

Is the project site within a designated Marine Reserve? ☐ Yes ☒ No ☐ Unknown

If yes, certain additional DSL restrictions will apply.

https://www.dfw.state.or.us/wildlife/diversity/species/threatened_endangered_candidate_list.asp https://www.fws.gov/office/oregon-fish-and-wildlife/species http://www.rivers.gov/oregon.php https://www.oregon.gov/oprd/BWT/Pages/SSW-list.aspx https://msc.fema.gov/portal/home https://www.oregon.gov/lcd/ocmp/pages/territorial-sea-plan.aspx https://oregonmarinereserves.com/

7 April 27 2023

Will the overall project involve ground disturbance of one acre or more? ☐ Yes ☒ No ☐ Unknown

If yes, you may need a 1200-C permit from the Oregon Department of Environmental Quality (DEQ).

Is the fill or dredged material a carrier of contaminants from on-site or off-site spills? ☐ Yes ☐ No ☒ Unknown

Has the fill or dredged material been physically and/or chemically tested? ☐ Yes ☐ No ☒ Unknown If yes, explain in Block 6 and provide references to any physical/chemical testing report(s).

Has a cultural resource (archaeological and/or built environment) survey been ☐ Yes ☐ No ☒ Unknown performed on the project area?

Do you have any additional archaeological or built environment ☐ Yes ☐ No ☒ Unknown documentation, or correspondence from tribes or the State Historic Preservation Office?

If yes, provide a copy of the survey and/or documentation of correspondence with this application to the Corps only.

Do not describe any resources in this document. Do not provide the survey or documentation to DSL.

* Not required by the Corps for a complete application but is necessary for individual permits before a permit decision can be rendered.

8 April 27 2023

Is the project part of a DEQ Cleanup Site? ☒ No ☐ Yes Permit Number: ________ DEQ contact __________ Will the project result in new impervious surfaces or the redevelopment of existing surfaces? ☐ Yes ☒ No

If yes, the applicant must submit a post-construction stormwater management plan as part of this application to DEQ’s 401 WQC program for review and approval, see https://www.oregon.gov/deq/FilterDocs/401wqcertPostCon.pdf

Identify any other federal agency that is funding, authorizing or implementing the project.

Agency Name Contact Name Phone Number Most Recent Date of Contact

List other certificates or approvals/denials required or received from other federal, state or local agencies for work described in this application.

Agency

NOAA

Certificate / approval / denial description Incidental Harassment Authorization (Marine Mammals)

Date Applied May 2025

Other DSL and/or Corps Actions Associated with this Site (Check all that apply.)

☐ Work proposed on or over lands owned by or leased from the Corps (may require authorization pursuant to 33 USC 408). These could include the federal navigation channel, structures, levees, real estate, dikes, dams, and other Corps projects.

☐ State owned waterway DSL Waterway Lease #:

☐ Other Corps or DSL Permits Corps # DSL #

☐ Violation for Unauthorized Activity Corps # DSL #

☐ Wetland and Waters Delineation Corps # DSL #

Submit the entire delineation report to the Corps; submit only the concurrence letter (if complete) and approved maps to DSL. If not previously submitted to DSL, send under a separate cover letter

(9) IMPACTS, RESTORATION/REHABILITATION, AND COMPENSATORY MITIGATION

A. Describe unavoidable environmental impacts that are likely to result from the proposed project. Include permanent, temporary, direct, and indirect impacts.

Unavoidable environmental impacts will include harassment of marine mammals due to vibratory pile driving in Yaquina Bay. The IHA permit has authorized this take of marine mammals.

To avoid any other impacts, turbidity will be monitored during vibratory pile removal and installation to stay within ODOT contract specifications.

Eelgrass beds are located both north and south of the federal navigation channel and are designated in the project plans and specs as “No Work Zones”. The proposed pile driving work will occur from barges outside the “No Work Zones” during the appropriate time periods of tidal flushing.

Yaquina Bay has an in-water work period of November 1st - February 15th which does not overlap with any migratory bird nesting periods.

The DSL Regulated Work Area is at or below 11.5 feet HMT (Highest Measured Tide).

https://www.oregon.gov/deq/FilterDocs/401wqcertPostCon.pdf http://www.oregon.gov/deq/FilterDocs/401wqcertPostCon.pdf http://www.oregon.gov/deq/FilterDocs/401wqcertPostCon.pdf

9 April 27 2023

B. For temporary removal or fill or disturbance of vegetation in waterbodies, wetlands or riparian (i.e., streamside) areas, discuss how the site will be restored after construction to include the timeline for restoration.

There will be no disturbance of vegetation in Yaquina Bay or the shoreline. The proposed work will be performed from a barge adjacent to the navigation channel and completed during the ODFW IWWW from November 1, 2025 to February 15, 2026.

Compensatory Mitigation C. Proposed mitigation approach. Check all that apply:

Permittee responsible Permittee responsible Mitigation Bank or Payment In-Lieu

☐ Onsite Mitigation ☐ Offsite Mitigation ☐ In-Lieu Fee Program ☐ (Not approved for use with Corps permits)

C. Provide a brief description of proposed mitigation approach and the rationale for choosing that approach.

If you believe mitigation should not be required, explain why.

The project consists of the replacement of old corroded piles near a bridge bent of the Yaquina Bay Bridge. Disturbance in the Yaquina Bay substrate is limited to this activity. ODOT Plans and Specifications include detailed procedures for the Contractor to manage barge use & monitor turbidity to avoid impacts to eelgrass beds marked as “No Work Zones”. Therefore, no mitigation is required.

Mitigation credit will be given for the removal of up to 39 old steel H-piles that were discarded on the Yaquina Bay bottom during the work in 1977 per DSL conversation with Jackson Morgan in August 2025.

Mitigation Bank / In-Lieu Fee Information:

Name of mitigation bank or in-lieu fee project:

Type and amount of credits to be purchased:

If you are proposing permittee-responsible mitigation, have you prepared a compensatory mitigation plan?

☐ Yes. Submit the plan with this application and complete the remainder of this section.

☐ No. A mitigation plan will need to be submitted (for DSL, this plan is required for a complete application).

Mitigation Location Information (Fill out only if permittee-responsible mitigation is proposed) Mitigation Site Name/Legal Description

Mitigation Site Address Tax Lot #

County City Latitude & Longitude* (in DD.DDDD format)

Township Range Section Quarter/Quarter https://www.latlong.net/

10 April 27 2023

(10) ADJACENT PROPERTY OWNERS FOR PROJECT AND MITIGATION SITE

☐ Pre-printed mailing labels of adjacent property owners attached separately (if more than 30).

Project Site Adjacent Property Owners

Mitigation Site Adjacent Property Owners

Contact Name Address 1 Address 2 City, ST ZIP Code

0ROAD

Oregon Department of Transportation Sec 17 T11S R11W

Contact Name Address 1 Address 2 City, ST ZIP Code

WATER

Address 2 City, ST ZIP Code

Tax Lot 100 United States of America U.S. Coast Guard District 13 Mailing address: 915 2nd Ave.

Seattle WA 98104 Site address:925 SW Naterlin Dr Newport OR Sec 8 T11S R11W QtrC QtrQtr D

Address 2 City, ST ZIP Code

Tax Lot 400 Lincoln County 880 NE 7th Street Newport, Oregon 97365

Address 2 City, ST ZIP Code

Tax Lot 700 City of Newport 169 SW Coast Hwy.

Newport OR 97365

Address 2 City, ST ZIP Code

Tax Lot 800 State of Oregon Department of Transportation Parks & Rec Dept 725 Summer Street NE Ste C Salem OR 97301 Sec 8 R11W T11S QtrC QtrQtr D

Address 2 City, ST ZIP Code

Tax Lot 1000 State of Oregon Department of Transportation Parks & Rec Dept 725 Summer Street NE Ste C Salem OR 97301 Site address:

846 SW Government St. Newport OR Sec 17 R11W T11S

Address 2 City, ST ZIP Code

Tax Lot 1100 United States of America General Services Administration (GSA Center) Real Estate Div Auburn WA 98001

11 April 27 2023

I have reviewed the project described 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 is consistent with the comprehensive plan and land use regulations with the following:

Conditional Use Approval Development Permit Other Permit (explain in comment section below)

This project is not currently consistent with the comprehensive plan and land use regulations. To be consistent requires:

Plan Amendment Zone Change Other Approval or Review (explain in comment section below)

An application or variance request has☐ has not☐ been filed for the above required above.

Local planning official name (print) Title City / County

Signature Date

Comments: Please see approved & signed LUCS in Appendix A.

(12) 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. The signed statement will be forwarded to the Oregon Department of Land Conservation and Development (DLCD) for its concurrence or objection. For additional information on the Oregon Coastal Zone Management Program and consistency reviews of federally permitted projects, contact DLCD at 635 Capitol Street NE, Suite 150, Salem, Oregon 97301 or call 503-373-0050 or click here.

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 Applicant Name Title

Applicant Signature Date

(11) CITY/COUNTY PLANNING DEPARTMENT LAND USE AFFIDAVIT (TO BE COMPLETED

BY LOCAL PLANNING OFFICIAL)

Irene Ulm Wetland Specialist & Permits Coordinator

8/1/2025 https://www.oregon.gov/LCD/OCMP/Pages/Federal-Consistency-Explained.aspx https://www.oregon.gov/lcd/pages/index.aspx

12 April 27 2023

(13) SIGNATURES

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 DSL staff to enter into the above-described property to inspect the project location and to determine compliance with an authorization, if granted. I hereby 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 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.

To be considered complete, the fee must accompany the application to DSL. The fee is not required for submittal of an application to the Corps.

Fee Amount Enclosed $ Applicant Signature (required) must match the name in Block 2 Print Name Title

Signature Date

Authorized Agent Signature Print Name Title

Landowner Signature(s)* Landowner of the Project Site (if different from applicant) Print Name Title

Signature Date

Landowner of the Mitigation Site (if different from applicant) Print Name Title

Signature Date

Department of State Lands, Property Manager (to be completed by DSL) If the project is located on state-owned submerged and submersible lands, DSL staff will obtain a signature from the Land Management Division of DSL. A signature by DSL for activities proposed on state-owned submerged/submersible lands only grants the applicant consent to apply for a removal-fill permit. A signature for activities on state-owned submerged and submersible lands grants no other authority, express or implied and a separate proprietary authorization may be required.

Print Name Title

* Not required by the Corps.

Irene Ulm Wetland Specialist & Permits Coordinator

8/1/2025 same as above https://appengine.egov.com/apps/or/removal/payment https://www.oregon.gov/dsl/WW/Pages/Waterways.aspx

13 April 27 2023

(14) ATTACHMENTS

☒Drawings ☒Location map with roads identified ☒U.S.G.S topographic map ☒Tax lot map ☒Site plan(s) ☒Plan view and cross section drawing(s) ☒Recent aerial photo ☒Project photos ☐Erosion and Pollution Control Plan(s), if applicable ☐DSL / Corps Wetland Concurrence letter and map, if approved and applicable

☐Pre-printed labels for adjacent property owners (Required if more than 30) ☐Incumbency Certificate if applicant is a partnership or corporation ☐Restoration plan or rehabilitation plan for temporary impacts ☐Mitigation plan ☐Wetland functional assessments, if applicable

☐Cover Page ☐Score Sheets

☐ORWAP OR, F, T, & S forms ☐ORWAP Reports ☐Assessment Maps ☐ORWAP Reports: Soils, Topo, Assessment area, Contributing area

☐Stream Functional Assessments, if applicable ☐Cover Page ☐Score ☐Sheets ☐SFAM PA, PAA, & EAA forms ☐SFAM Report ☐Assessment Maps

☐Aerial Photo Site Map and Topo Site Map (Both maps should document the PA, PAA, & EAA) ☐Compensatory Mitigation (CM) Eligibility & Accounting Worksheet

☐Matching Quickguide sheet(s) ☐CM Eligibility & Accounting sheet

☐Alternatives analysis

☐Biological assessment (if requested by the Corps project manager during pre-application coordination) ☐Stormwater management plan (may be required by the Corps or DEQ) ☒Other

☒ Please describe: ESA Determination of No Effect (Copy provided in Appendix A);

Marine Mammal Protection Act Incidental Harassment Authorization (IHA) (Copy available upon request from ODOT Senior Biologist

Nicholas Testa nicholas.r.testa@odot.oregon.gov ) https://www.oregon.gov/dsl/wetlands-waters/Documents/CompensatoryMitigation_Checklist.xlsx mailto:nicholas.r.testa@odot.oregon.gov

12 November 2021

For U.S. Army Corps of Engineers send application to:

USACE Portland District

ATTN: CENWP-ODG-P

PO Box 2946 Portland, OR 97208-2946 Phone: 503-808-4373 portlandpermits@usace.army.mil

U.S. Army Corps of Engineers

ATTN: CENWP-ODG-E

211 E. 7th AVE, Suite 105 Eugene, OR 97401-2722 Phone: 541-465-6868 portlandpermits@usace.army.mil

Counties:

Baker, Benton, Clackamas, Clatsop, Columbia, Gilliam, Grant, Hood River, Jefferson, Lincoln, Linn, Malheur, Marion, Morrow, Multnomah, Polk, Sherman, Tillamook, Umatilla, Union, Wallowa, Wasco, Washington, Wheeler, Yamhill

Counties:

Coos, Crook, Curry, Deschutes, Douglas, Jackson, Josephine, Harney, Klamath, Lake, Lane

For Department of State Lands send application to:

West of the Cascades:

Department of State Lands 775 Summer Street NE, Ste 100 Salem, OR 97301-1279 Phone: 503-986-5200 https://www.oregon.gov/dsl/wetlands-waters/Documents/uploadinstructions_removalfill.pdf

East of the Cascades:

Department of State Lands 951 SW Simpson Ave, Ste 104 Bend, OR 97702 Phone: 541-388-6112 https://www.oregon.gov/dsl/wetlands-waters/Documents/uploadinstructions_removalfill.pdf

For Department of Environmental Quality:

Submit all application materials electronically through Your DEQ Online.

For questions related to Your DEQ Online, please visit the Your DEQ Online help page, email YourDEQOnline@deq.state.or.us, or call 503-229-6184 mailto:portlandpermits@usace.army.mil mailto:portlandpermits@usace.army.mil https://www.oregon.gov/dsl/wetlands-waters/Documents/uploadinstructions_removalfill.pdf https://www.oregon.gov/dsl/wetlands-waters/Documents/uploadinstructions_removalfill.pdf https://www.oregon.gov/dsl/wetlands-waters/Documents/uploadinstructions_removalfill.pdf https://www.oregon.gov/dsl/wetlands-waters/Documents/uploadinstructions_removalfill.pdf https://ordeq-edms-public.govonlinesaas.com/pub/login?web=1 https://www.oregon.gov/deq/Permits/Pages/Your-DEQ-Online-Help.aspx mailto:YourDEQOnline@deq.state.or.us

1 November 2021

APPENDIX A

Figure 1 Location Map

Figure 2 Tax Lot Map

Figure 3 Aerial Photograph

Figure 4 Topo Map

LUCS

ODOT Plans & Cross Sections

Site Photos

Site Visit Memo 6/20/2024

Yaquina Bay SAV (DSL 2007)

ESA Determination of No Effect

Figure 1 Location Map: Yaquina Bay Bridge Pier 2 Dolphin Replacement Project

7/17/2025 0 0.25

1:43,443

0.5 1 mi

0 0.42 0.85 1.7 km © OpenStreetMap (and) contributors, CC-BY-SA

Project Location

North

Figure 2 Tax Lot Map: Yaquina Bay Bridge Pier 2 Dolphin Replacement Project

Y a q u i n a B a y S t a t e P a r k

MILE

7/17/2025

Lincoln Taxlots Highway Mile Point - Tenths 0 0.03

0 0.05

1:5,430

0.07 0.13 mi

0.1 0.2 km

Highway Mile Posts Oregon Department of Transportation, Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community

Figure 3 Aerial Photo: Yaquina Bay Bridge Pier 2 Dolphin Replacement Project

Highway Mile Posts 0 0.05

0 0.1

1:10,861

0.1 0.2 mi

0.2 0.4 km

Highway Mile Point - Tenths Oregon Department of Transportation, Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community

Figure 4 Esri Topo Map: Yaquina Bay Bridge Pier 2 Dolphin Replacement Project

Highway Mile Posts 0 0.13

0 0.23

1:21,721

0.25 0.5 mi

0.45 0.9 km

Highway Mile Point - Tenths Oregon Department of Transportation, Copyright:© 2013 National Geographic Society, i-cubed

ODOT Project: US 101 Yaquina Bay Dolphin Replacement

Land Use Compatibility Statement

Prepared for the City of Newport, OR — October 18th, 2024

The Oregon Department of Transportation (ODOT) has requested that the City (1) determine whether the above referenced project is consistent with the City’s comprehensive plan, and (2) identify the land use approvals and development permits that will be required. The City’s response is provided below. 1

A. Consistency with comprehensive plan 2

Project is consistent with comprehensive plan

LI Project is not consistent with comprehensive plan

B. Land use approvals and development permits required

LI Plan Amendment LI Zone Change

LI Conditional Use Permit Development Permit

Other Permits: LI None

(Please list in Comments)

C. Comments

1. The City recently redrafted its estuary development standards to implement the 2023 Yaquina Bay Estuary Management Plan. That ordinance is effective November 6, 2024 (Ord. #2225). Replacement of the dolphins at the north end of the bridge is a minor navigational improvement that is permitted subject to a staff level review for compliance with applicable approval criteria (NMC 14.04.030). The City’s term for this review is an Estuarine Review Permit

2. A floodproofing certificate will be required to confirm that the dolphins will be robust enough to withstand the hydrostatic and hydrodynamic forces of a flood.

3. Lastly, a Habitat Assessment will be required to confirm “no net loss” of habitat for endangered species (i.e. namely smelt, salmon and steelhead) as a result of FEMA’s settlement of litigation associated with the National Flood Insurance Program.

D. Certification

Derrick Tokos, Community Development Director Dfe City of Newport 169 SW Coast Highway, Newport, OR 97365

1 This form was prepared by ODOT to comply with OAR 731-015. It may be modified by the responding local jurisdiction as they deem necessary. ODOT may present these findings to other regulatory agencies to satisfy the review requirements of those agencies.

2 Projects identified in a locally-adopted Transportation System Plan are considered to be consistent with the comprehensive plan. (The TSP is an element of the comp plan.) Roadway maintenance and minor improvements, which are not typically identified in a TSP, are also considered to be consistent.

Yaquina Bay Bridge Pier 2 Dolphin Replacement Project

Site Photographs July 7, 2025

Irene Ulm, ODOT Wetlands & Permits Specialist

Photo 1: Looking south at the Pier 2 Dolphin at Yaquina Bay Bridge, 7/15/2025.

Photo 2: Looking south at Yaquina Bay Bridge Pier 2 Dolphin & eelgrass/SAV beds, 7/15/2025

Photo 3: Looking south at the Pier 2 Dolphin and eelgrass/SAV beds from NW quadrant of

Yaquina Bay Bridge, 7/15/2025.

MBM24-014 (M24049): Yaquina Bay Dolphins 1

MBM24-014 (M24049): Yaquina Bay Dolphins

SITE VISIT MEMO

Prepared by Luke Teubel on 6/20/2024

The following field observations and photos are from the inspection of the Yaquina Bay Bridge steel arches by Luke Teubel (project structural EOR) and the ODOT rope access bridge inspection team on June 5th, 2024.

SCOPE

The scope of this bridge maintenance project is to replace the steel dolphins at Pier 2 (Bent 7 per BrM inspection report) with an equivalent system having similar capacity and performance qualities.

Replacement is required due to advanced deterioration due to corrosion.

FIELD OBSERVATIONS

As noted in the underwater inspection report, all steel piles have section loss from corrosion in the tidal zone, and two of the eleven steel pile groups have failed (pile group no longer intact above water line).

Figure 1 – Pier 2: Steel dolphins from south side of pier

MBM24-014 (M24049): Yaquina Bay Dolphins 2

Figure 2 – Pier 2: Failed pile group (Dolphin #6 on UW inspection report)

MBM24-014 (M24049): Yaquina Bay Dolphins 3

Figure 3 – Pier 2: Typical steel dolphin viewed from Pier 2. Dolphins around Pier 3 in background

MBM24-014 (M24049): Yaquina Bay Dolphins 4

Figure 4 – Pier 2: Downstream dolphins viewed from above

MBM24-014 (M24049): Yaquina Bay Dolphins 5

Figure 5 – Pier 2: Downstream dolphins viewed from above