Amend 5 Attachment 1-63169GP Modified Authorization_08Dec22.pdf

Department of State Lands 775 Summer Street, Suite 100 Salem, OR 97301-1279 503-986-5200

Permit No.: 63169-GP Modified Permit Type: Maintenance Dredging Waterway: Columbia River County: Clatsop Expiration Date: April 28, 2023

US COAST GUARD

IS AUTHORIZED IN ACCORDANCE WITH ORS 196.800 TO 196.990 TO PERFORM THE

OPERATIONS DESCRIBED IN THE REFERENCED APPLICATION, SUBJECT TO THE SPECIAL

CONDITIONS LISTED ON ATTACHMENT A AND TO THE FOLLOWING GENERAL CONDITIONS:

1. This permit does not authorize trespass on the lands of others. The permit holder must obtain all necessary access permits or rights-of-way before entering lands owned by another.

2. This permit does not authorize any work that is not in compliance with local zoning or other local, state, or federal regulation pertaining to the operations authorized by this permit. The permit holder is responsible for obtaining the necessary approvals and permits before proceeding under this permit.

3. All work done under this permit must comply with Oregon Administrative Rules, Chapter 340;

Standards of Quality for Public Waters of Oregon. Specific water quality provisions for this project are set forth on Attachment A.

4. Violations of the terms and conditions of this permit are subject to administrative and/or legal action, which may result in revocation of the permit or damages. The permit holder is responsible for the activities of all contractors or other operators involved in work done at the site or under this permit.

5. Employees of the Department of State Lands (DSL) and all duly authorized representatives of the Director must be permitted access to the project area at all reasonable times for the purpose of inspecting work performed under this permit.

6. Any permit holder who objects to the conditions of this permit may request a hearing from the Director, in writing, within twenty-one (21) calendar days of the date this permit was issued.

7. In issuing this permit, DSL makes no representation regarding the quality or adequacy of the permitted project design, materials, construction, or maintenance, except to approve the project’s design and materials, as set forth in the permit application, as satisfying the resource protection, scenic, safety, recreation, and public access requirements of ORS Chapters 196, 390, and related administrative rules.

8. Permittee must defend and hold harmless the State of Oregon, and its officers, agents and employees from any claim, suit, or action for property damage or personal injury or death arising out of the design, material, construction, or maintenance of the permitted improvements.

9. Authorization from the U.S. Army Corps of Engineers may also be required.

NOTICE: If removal is from state-owned submerged and submersible land, the permittee must comply with leasing and royalty provisions of ORS 274.530. If the project involves creation of new lands by filling on state-owned submerged or submersible lands, you must comply with ORS 274.905 to 274.940 if you want a transfer of title; public rights to such filled lands are not extinguished by issuance of this permit. This permit does not relieve the permittee of an obligation to secure appropriate leases from DSL, to conduct activities on state-owned submerged or submersible lands. Failure to comply with these requirements may result in civil or criminal liability. For more information about these requirements, please contact Department of State Lands, 503-986-5200.

Dan Cary, Aquatic Resource Coordinator Aquatic Resource Management Oregon Department of State Lands

Authorized Signature Date December 8, 2022

ATTACHMENT A

Permit Holder: US Coast Guard

Project Name: Cape Disappointment Flowlane Dredge Disposal

Special Conditions for Removal/Fill Permit No. 63169-GP

READ AND BECOME FAMILIAR WITH CONDITIONS OF YOUR PERMIT.

The project site may be inspected by the Department of State Lands (DSL) as part of our monitoring program. A copy of this permit must be available at the work site whenever authorized operations are being conducted.

1. Responsible Party: By signature on the application, William Robinson is acting as the representative of US Coast Guard. By proceeding under this permit, US Coast Guard agrees to comply with and fulfill all terms and conditions of this permit, unless the permit is officially transferred to another party as approved by DSL.

2. Authorization to Conduct Removal and/or Fill: This permit authorizes the flow-lane disposal of up to 20,000 cubic yards of dredged materials in the navigation channel of the Columbia River in T9N R11W Section 9, as referenced in the application, map and drawings (See Attachment B for project location), dated March 9, 2021.

3. Work Period in Jurisdictional Areas: Fill or removal activities below the ordinary high water elevation of the Columbia River must be conducted between November 1 and February 28, unless otherwise coordinated with Oregon Department of Fish and Wildlife and approved in writing by DSL.

4. Changes to the Project or Inconsistent Requirements from Other Permits: It is the permittee’s responsibility to ensure that all state, federal and local permits are consistent and compatible with the final approved project plans and the project as executed. Any changes made in project design, implementation or operating conditions to comply with conditions imposed by other permits resulting in removal-fill activity must be approved by DSL prior to implementation.

5. DSL May Halt or Modify: DSL retains the authority to temporarily halt or modify the project or require rectification in case of unforeseen adverse effects to aquatic resources or permit non-compliance.

6. DSL May Modify Conditions Upon Permit Renewal: DSL retains the authority to modify conditions upon renewal, as appropriate, pursuant to the applicable rules in effect at the time of the request for renewal or to protect waters of this state.

General Construction Conditions

7. Water Quality Certification: The Department of Environmental Quality (DEQ) may evaluate this project for a Clean Water Act Section 401 Water Quality Certification (WQC). If the evaluation results in issuance of a Section 401 WQC, that turbidity condition will govern any allowable turbidity exceedance and monitoring requirements.

Attachment A 63169-GP Modified

8. Hazardous, Toxic, and Waste Material Handling: Petroleum products, chemicals, fresh cement, sandblasted material and chipped paint, wood treated with leachable preservatives or other deleterious waste materials must not be allowed to enter waters of this state. Machinery refueling is to occur at least 150 feet from waters of this state and confined in a designated area to prevent spillage into waters of this state. Barges must have containment system to effectively prevent petroleum products or other deleterious material from entering waters of this state. Project-related spills into waters of this state or onto land with a potential to enter waters of this state must be reported to the Oregon Emergency Response System (OERS) at 1-800-452-0311.

9. Archaeological Resources: If any archaeological resources, artifacts or human remains are encountered during construction, all construction activity must immediately cease. The State Historic Preservation Office must be contacted at 503-986-0674. You may be contacted by a Tribal representative if it is determined by an affected Tribe that the project could affect Tribal cultural or archeological resources.

10. Hazards to Recreation, Navigation or Fishing: The activity must be timed so as not to unreasonably interfere with or create a hazard to recreational or commercial navigation or fishing.

11. Flowlane Placement: Flowlane placement may occur on the ebb tide or flood tide and only when there is sufficient current to disperse the material to prevent shoaling. “Flowlane” means that portion of a waterway where sufficient flow velocity and depth exists to disperse placed material and not cause shoaling.

ATTACHMENT B

Permit Holder: US Coast Guard

Project Name: Cape Disappointment Flowlane Dredge Disposal

Maps and Drawings for Removal/Fill Permit No. 63169-GP

Attachment B