A1 ITB S-63500-00003501 Alsea Hatchery Access Road Repair.pdf

Addendum 1 ITB S-63500-00003501

Date: July 15, 2022

Oregon Department of Fish and Wildlife

ADDENDUM 1

ITB S-63500-00003501

Engineering Project No.: 20-022

Alsea Fish Hatchery Access Road Repair

This addendum modifies the solicitation document(s) for work only to the extent indicated herein. All other areas not specifically mentioned or affected by this addendum shall remain in full force. This addendum shall be added as a part of the original solicitation document and shall become part of the work required.

Deleted language is shown within [brackets]. New language is show in Bold and Underlined.

New Attachments or Sections deleted in their entirety and replaced will not show [brackets] or Bold and Underlined, they will be labeled, “REVISED XXXX”

ADDENDUM

1. Addition of Attachment D – Permits Attachment D will be added to the ITB containing the Benton County Land Development Activities in the Floodplain approval and Department of State Lands approval. Attached to this Addendum.

ODFW is awaiting approval of the Department of Environmental Quality permit and the US Army Corps of Engineers permit, both will be included in Attachment D when received. Bidders are to expect standard work procedures associated with DEQ and ACOE permits, and should account for those procedures in their bid.

2. Modification of Exhibit 7 – Supplemental General Conditions.

Exhibit 7, Section SGC – 13 – Insurance, G.3.3 Builder’s Risk and Installation Floater Insurance, G.3.3.2 Builder’s Risk Installation Floater Insurance shall be modified by deletion of the item.

G.3.3 Builder’s Risk and Installation Floater Insurance:

G.3.3.1 RESERVED

G.3.3.2 RESERVED [Builder’s Risk Installation Floater Insurance: Contractor shall obtain and keep in effect during the term of this Contract, a Builder's Risk Installation Floater in an amount of no less than the contract amount plus the value of any owner supplied items for coverage of the materials and equipment to be used for completion of the Work performed under this Contract, including materials, supplies and equipment in transit and/or in an off-site storage location. This insurance shall include as loss payees the Owner, the Contractor and its Subcontractors as their interests may appear.

Such insurance shall be maintained until the later of (a) final payment is made, or (b) no person or entity other than the Owner has an insurable interested in the covered property.

A loss insured under the Builder’s Risk and Builder’s Risk Installation Floater shall be adjusted by the Owner and made payable to the Owner for the insureds, as their interests may appear. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. The Owner shall have power to adjust and settle a loss with insurers.]

ITB CLOSING DATE AND TIME:

Remain unchanged (July 20, 2022 at 2:00 PM)

Prospective Bidders have until Close of Business on July 18, 2022 to submit written questions or protests regarding this Addendum.

This addendum constitutes a MATERIAL CHANGE to the solicitation. Its receipt by the Bidder is to be acknowledged per Section H of the ITB.

Addendum prepared by:

Julie L. Cone julie.l.cone@odfw.oregon.gov

End of Addendum 1

ATTACHMENT D

ITB S-63500-00003501

ALSEA HATCHERY ACCESS ROAD REPAIR

PERMITS

BEHIND THIS SHEET

Permits

1. Benton County Land Development Activities in the Floodplain

(dated June 21,2022)

2. Department of State Lands Permit (dated April 14, 2022)

LU‐22‐016_Decision_Frank, France_N Fork Alsea River_Bank Stabilization Page 1

FILE NO. LU‐22‐016

NOTICE OF STAFF DECISION

NATURE OF APPLICATION: Land Development Activities in the Floodplain. The application is for a streambank bioengineering project along a section of the North Fork Alsea River within the mapped Special Flood Hazard Areas (SFHA).1

The project will address two eroding streambanks adjacent to the water intake and water supply pipeline for the North Fork Alsea fish hatchery and will involve excavation of in‐situ gravels as well as installation of rock, gravel, large wood, and plant material.

APPLICABLE CRITERIA: Benton County Code Sections 83.005, 83.100, 83.110, 83.220, 83.230, 83.250, 83.310, and 83.800.

PROPERTY LOCATION: 29116 Fish Hatchery Road, Alsea. The property is located northeast of the community of Alsea, on the west side of Fish Hatchery Road and along the south side of the North Fork Alsea River. (T13S R7W Section 20, Tax Lot 400)

APPLICANT(S): Oregon Department of Fish & Wildlife, Matt Frank

PROPERTY OWNER(S): Mary and James France

ZONE DESIGNATION: Multi‐Purpose Agriculture, 20‐acre minimum (MPA)

COMP. PLAN

DESIGNATION:

Agricultural

CAC PLANNING AREA: Alsea (Active)

STAFF CONTACT: Toby Lewis

BACKGROUND AND FINDINGS

On February 18, 2022, an application for Land Development Activities in the Floodplain for streambank restoration near the North Fork Alsea fish hatchery was received at the Community Development Department and deemed complete.

1 Benton County FIRM Panel No. 41003C 0265F (effective June 2, 2011)

Community Development Department

Office: (541) 766-6819 360 SW Avery Ave.

Corvallis, OR 97333 co.benton.or.us/cd

LU‐22‐016_Decision_Frank, France_N Fork Alsea River_Bank Stabilization Page 2

Comments regarding Public Works Department’s review of the application were provided by Gordon Kurtz, Associate Engineer, on April 4, 2022.2

FINDINGS APPLYING CODE CRITERIA

The Planning Official, having reviewed all the evidence and testimony, finds as follows.

BCC 83.250 – FLOODPLAIN DEVELOPMENT PERMIT REQUIRED

1) A floodplain development permit shall be obtained prior to construction of a new structure, substantial improvement to any structure, the placement of a manufactured dwelling, or the initiation of other land development activities including, but not limited to, fencing, mining, dredging, filling, grading, paving, excavation or drilling operations within any area horizontally within the special flood hazard area established in section BCC 83.110. [BCC 83.250(1)]

Application for a Floodplain Development Permit. An application for a permit shall be submitted on a form provided by the Floodplain Administrator. Documentation to be provided with the application form may include, but is not limited to, plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question; locations of existing and/or proposed structures, fill, storage of materials drainage facilities; engineering calculations; and other information determined to be necessary for the review of the application by the Floodplain Administrator and County Engineer. [BCC83.250(2)]

Staff Findings: The applicant has submitted an application for a floodplain development permit and an application for land development activities in the floodplain. The applications are for review of the proposed streambank bioengineering project, which falls within the designated Special Flood Hazard Area (SFHA) of the North Fork Alsea River.

The project involves excavation of in‐situ gravels as well as installation of rock, gravel, large wood, and plant material to address two eroding streambanks adjacent to the water intake and water supply pipeline for the North Fork Alsea fish hatchery.

The application packet includes:

• A narrative explaining project details;

• Images identifying the proposed project location and the SFHA;

• A Net‐Rise Certification3 for the proposed project;

• A drawing set identifying specific locations and components of all proposed work; and

• Documentation4 demonstrating that the proposed project will have no impact on listed endangered species.

2 This memorandum is included as an attachment.

3 Dated July 20, 2021; prepared by Chris Smith, PE, CFM (River Design Group, Inc.) and Ryan Brown, PE, (River Design Group, Inc.)

4 Army Corps of Engineers provisional notification (dated October 5, 2021) that the proposed project may qualify for authorization by Nationwide Permit (NWP) No. 13, Bank Stabilization (Federal Register, January 6, 2017, Vol.

82, No. 4) provided a Clean Water Action Section 401 Water Quality Certification (WQC) decision is obtained from the Oregon Department of Environmental Quality (DEQ).

LU‐22‐016_Decision_Frank, France_N Fork Alsea River_Bank Stabilization Page 3

A memorandum identifying Benton County Public Works Department comments and recommended conditions of approval was received form Gordon Kurtz and is attached to this decision.

Conclusion: The applicant has submitted sufficient documentation to review the development proposed to occur within the SFHA.

This criterion is met.

BCC 83.220 – PERMIT REVIEW

2) An application shall be reviewed by the Floodplain Administrator and County Engineer to determine the following:

(a) The applicability of the provision of this chapter;

(b) Compliance with the applicable provisions of this chapter;

(c) All other required local, state, and federal permits have been obtained and approved.

Alternatively, a permit may be issued with the condition that all necessary permits required by Federal or State law or County Ordinance will be secured prior to initiation of development activities approved by the permit;

(d) The location of the proposed development in relation to a floodway. If any portion of the proposed development is located within the floodway, compliance with the floodway provisions of this ordinance in section BCC 83.800 is required;

(e) The proposed development is located in an area where Base Flood Elevation (BFE) data is available either through the Flood Insurance Study (FIS) or from another authoritative source. If BFE data is not available then ensure compliance with the provisions of section BCC 83.310; and

(h) Whether or not the proposed development activity is a watercourse alteration. If a watercourse alteration is proposed, compliance with the provisions of BCC 83.230(2) is required.

(i) Whether or not the proposed development activity includes the placement of fill or excavation. Any placement of fill or excavation shall comply with applicable standards.

(j) The proposed development will not cause an increase of the flood risk to surrounding properties, by changing the flow of floodwaters in a way that increases risk to existing structures or by increasing flood elevations in the immediate vicinity

[BCC 83.220(1)]

The County Engineer may require the design and installation of mitigative measures necessary to comply with BCC 83.220(1)(j). [BCC 83.220(2)]

Applicant’s Statement: The property contains the following structures: diversion weir and fish ladder for NF Alsea Hatchery, Fish Hatchery Road (private road at this location), pipeline servicing NF Alsea hatchery, and a residence at 29116 Fish Hatchery Road, Alsea, Oregon 97324. The residence is located downstream from the proposed project and modeling and hazard mapping

LU‐22‐016_Decision_Frank, France_N Fork Alsea River_Bank Stabilization Page 4 both indicate the residence is outside of the special flood hazard area and the project would not affect these structures.

A residence and outbuildings also exist along the north bank of the NF Alsea River from 29154 to 29156 Carey‐Fox Road in Alsea, Oregon 97324. Modeling indicates that the proposed project would not affect these buildings. The access road and diversion weir are appurtenant to the river and water intake. Although these locations will experience slightly different water surface elevations from the project, the project intent is to maintain these structures and we do not anticipate deleterious impacts to the weir, water intake, or road.

This is a streambank bioengineering project meant to address two eroding streambanks adjacent to the water intake and water supply pipeline for the NF Alsea fish hatchery.

Excavation will be limited and consists of in‐situ gravels. Fill will consist of rock, gravel, large wood, and plant material. Excavation and fill limits and material designations are provided in detail in the attached drawings.

Post project water surface elevations do not encroach on buildings or structures. A discussion of rise and impacts is provided in the rise memorandum. Rises from the project are less than 1’ per Benton County Code and are localized in the vicinity of the project area. Modeled inundation does not encroach on insurable structures near the project area. Outside the project area, no rises in water surface elevation are seen in a comparison of pre‐project to with‐project conditions.

Staff Findings: The proposed project involves excavation and fill for bank stabilization of two eroding streambanks along the South Fork Alsea River and does not include alteration of the watercourse. The project site is located within an approximate Zone A area and, as such, includes neither Base Flood Elevations nor a mapped floodway. Compliance with the provisions of BCC

83.310 is discussed beginning on page 6.

The applicant has applied for applicable state and federal permits and has provided documentation of the current status of these permits.

As documented in the applicant’s Net‐Rise Certification, the proposed project will cause less than a 1‐foot increase of Base Flood Elevations and will not increase the flood risk to structures on surrounding properties.

Gordon Kurtz, Associate Engineer, Benton County Public Works Department, provided findings and conditions for the proposed project. Mr. Kurtz’s comments include the following:

FINDINGS OF FACT

… Erosion has resulted in two bank failures on the south (westerly) bank of the North Fork Alsea River. The bank failures threaten Fish Hatchery Road, access to residences above the failures and the water intake line for the hatchery. The applicant proposes to repair the bank failures using bioengineering construction techniques. The Construction materials will consist of natural materials, large wood, rock and planted vegetation.

If neglected, the bank failures will expand and compromise valuable public infrastructure.

LU‐22‐016_Decision_Frank, France_N Fork Alsea River_Bank Stabilization Page 5

The applicant has provided a detailed hydrologic analysis based on current LIDAR data, an HEC‐RAS analysis of the proposed project which includes a flood depth and 1.0% recurrence boundary analysis and a general assessment of the flood elevations in this reach of the North Fork Alsea. The analysis indicates that the existing FIRM Map floodplain boundaries are extremely conservative and likely in need of modification.

Based on the analysis provided, the flood plain in this reach of the North Fork Alsea River is significantly smaller than currently mapped.

CONCLUSIONS

The proposed bioengineered structures are an enhancement to the North Fork Alsea River and will prevent degradation of valuable fish habitat and public infrastructure. In combination with planned riparian planting, the proposed project is a benefit to this reach of the river system.

Public Works concludes that the project will not increase 100 year BFE by more than allowable levels.

Mr. Kurtz’s recommended conditions of approval have been included as conditions 2, 3, and 5.

In addition to the effects of the project on the base flood elevation and the boundaries of the SFHA, the permitting authority must also ensure that the project complies with the federal Endangered Species Act (ESA) prior to issuance of a permit for development activities within the regulatory floodplain. In the absence of programmatic regulations for verifying ESA compliance from the Federal Emergency Management Agency (FEMA) and NOAA Fisheries, Benton County must make this determination case by case.

Staff in Benton County (as in many local jurisdictions) lack the technical training to make a determination of ESA compliance. Therefore, the County has received guidance from FEMA Region X and established the following interim process: an applicant must either obtain confirmation from a state, federal, or other governmental agency5 that the project has been deemed compliant with ESA regulations, or the applicant must obtain approval for a Conditional Letter of Map Revision (CLOMR) from FEMA.6

The applicant provided a copy of a provisional notification from the Army Corps of Engineers documenting that the project, as proposed, has been reviewed and approved for compliance with ESA regulations. Therefore, approval of a Conditional Letter of Map Revision (CLOMR) from FEMA will not be required.

Conclusion: As confirmed by Mr. Kurtz, the applicant has submitted sufficient documentation to demonstrate that, if completed as presented in the application materials, the proposed bank stabilization project will create less than a one‐foot increase to the Base Flood Elevations and will not cause an increase of the flood risk to surrounding properties or structures in the immediate vicinity.

5 An example of a state or federal permit that would satisfy this option is the Joint Permit Application that is approved through the Department of State Lands and the Army Corps of Engineers.

6 This process has been reviewed by two FEMA Region X staff members (John Graves, Chief, Floodplain Management & Insurance Branch, and Erin Cooper, Senior NFIP ESA Specialist, Mitigation Division) and deemed consistent with current FEMA and NOAA Fisheries guidance to local jurisdictions.

LU‐22‐016_Decision_Frank, France_N Fork Alsea River_Bank Stabilization Page 6

Compliance with all applicable state and federal permits is required as a condition of approval and the recommended conditions of approval identified in Mr. Kurtz’s memorandum have been incorporated as conditions of approval for this project. No additional mitigative measures are required to ensure compliance with BCC 83.220(3).

The applicant has provided additional documentation to demonstrate that the project has been evaluated for potential impacts to endangered species. This documentation is sufficient to demonstrate that the project will not cause an impact to any listed species or their habitats. A condition of approval has been added to this decision as a reminder that it is the applicant’s responsibility to ensure that the project complies with any applicable Endangered Species Act regulations. It is also the applicant’s responsibility to secure all necessary Federal and/or State permits.

This criterion can be met through compliance with the Conditions of Approval.

BCC 83.310 – USE OF OTHER BASE FLOOD ELEVATION DATA

3) For special flood hazard areas (such as Zone A) where base flood elevations have not been provided in accordance with section BCC 83.110:

(a) The Floodplain Administrator shall obtain, review, and reasonably utilize any Base Flood Elevation data available from a federal, state, or other source, in order to administer the provisions of this chapter.

(b) Development proposals shall be reasonably safe from flooding. The test of reasonableness includes use of historical data, high water marks, FEMA‐provided Base Level Engineering data, and photographs of past flooding, etc. where available.

(c) The applicant shall be responsible for providing sufficient information to the Floodplain Administrator to document:

(A) The base flood elevation and, if applicable, the floodway for the proposed project site; or

(B) That the entire proposed project site has been removed from the special flood hazard area through submission of an approved Letter of Map Amendment or Letter of Map Revision.

(f) The applicant shall derive base flood elevation data in accordance with standard engineering and FEMA practices for floodplain mapping and modeling to ensure alignment with "The Flood Insurance Study for Benton County, Oregon and Incorporated Areas". The County Engineer and the Federal Emergency Management Agency may provide technical assistance. The applicant shall provide for certification by an Oregon‐licensed professional engineer or architect that the proposed development complies with provisions of this section.

[BCC 83.310]

Staff Findings: The proposed project is located in an approximate Zone A area and, as such, there are no identified Base Flood Elevations or mapped floodway for this section of the river. The

LU‐22‐016_Decision_Frank, France_N Fork Alsea River_Bank Stabilization Page 7 applicant was provided with access to FEMA’s preliminary flood hazard mapping produced using Base Level Engineering data for this area.

The applicant provided a Net‐Rise Certification for the proposed project. The certification uses existing and future condition models to evaluate the expected impacts to the Special Flood Hazard Area and Base Flood Elevations and meets the standards identified in BCC 83.310.

Conclusion: This criterion is met.

BCC 83.800 – REGULATORY FLOODWAY NOT MAPPED

3) In areas where a regulatory floodway has not been designated, no new construction, substantial improvement, or other development (including fill) shall be permitted within Zones AE and A1‐30 on the Benton County Flood Insurance Rate Map (FIRM), unless it is demonstrated by the applicant that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

[BCC 83.800(1)]

Encroachments that would result in an increase of more than one (1) foot in base flood elevations for projects in areas that do not have a mapped floodway may be authorized provided that the applicant:

(a) Receives approval for a Conditional Letter of Map Revision (CLOMR) from the Federal Insurance Administrator for the proposed encroachment which ensures that the requirements for such revision, as established under Volume 44 of the Code of Federal Regulations, section 65.12, are fulfilled; and

(b) Submits the approved CLOMR to the Floodplain Administrator.

[BCC 83.800(2)]

Staff Findings: As shown on the Benton County Flood Insurance Rate Map (FIRM) Panels for this area, the proposed project is located within the Special Flood Hazard Area (SFHA) of the North Fork Alsea River. A floodway has not been mapped for this section of the river.

The Results and Discussion section of the applicant’s Net‐Rise Certification7 for this project identifies maximum increases for water surface elevation ranging from 0.18 foot to 0.69 foot. At no point does the proposed project cause a water surface elevation increase of more than one foot.

As stated in the memorandum prepared by Gordon Kurtz, Benton County Public Works Department, the applicant has provided sufficient documentation to demonstrate that the expected increase in water surface elevation will be less than one foot.

Conclusion: The project site is located in a portion of the Special Flood Hazard Area where a floodway has not been mapped.

Benton County staff from the Public Works and Community Development Departments have reviewed the documentation submitted by the applicant and believe the documentation

7 The Net‐Rise Certification is dated July 20, 2021 and was prepared by Chris Smith, PE, CFM (River Design Group, Inc.) and Ryan Brown, PE, (River Design Group, Inc.).

LU‐22‐016_Decision_Frank, France_N Fork Alsea River_Bank Stabilization Page 8 accurately demonstrates that the proposed project will not increase the water surface of the base flood by more than one foot. Therefore, the standard identified in BCC 83.800(1) is met and the standard identified in BCC 83.800(2) does not apply.

The criterion is met.

BCC 83.230 – REQUIREMENT TO NOTIFY OTHER ENTITIES AND SUBMIT NEW TECHNICAL DATA

4) Watercourse Alterations.

(a) The Planning Official shall notify adjacent communities, the Department of Land Conservation and Development, and other appropriate state and federal agencies, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.

(b) The applicant shall notify the Federal Insurance Administration through submission of a Letter of Map Revision (LOMR) along with either:

(A) A proposed maintenance plan to assure the flood carrying capacity within the altered or relocated portion of the watercourse is maintained; or

(B) Certification by a registered professional engineer that the project has been designed to retain its flood carrying capacity without periodic maintenance.

(c) The applicant shall submit when required a Conditional Letter of Map Revision (CLOMR) and a Letter of Map Revision (LOMR) pursuant to BCC 83.230(3). As a condition of permit approval, the applicant shall be required to ensure compliance with all applicable requirements of BCC 83.230(3).

[BCC 83.230(2)]

Staff Findings: The proposed project is for bank stabilization and does not fall within the category of a watercourse alteration or relocation.

Conclusion: This criterion does not apply.

5) Requirement to Submit New Technical Data.

(b) The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for:

(A) Proposed floodway encroachments that increase the base flood elevation; and

(B) Proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway.

(c) The Floodplain Administrator shall require a Letter of Map Revision (LOMR) to be completed within six (6) months of project completion for the following circumstances:

(A) For projects that will expand the boundaries of the special flood hazard area regardless of their effect on the base flood elevation; or

LU‐22‐016_Decision_Frank, France_N Fork Alsea River_Bank Stabilization Page 9

(B) For bridge and large culvert installation or replacement projects regardless of their effect on the base flood elevation; or

(C) When an applicant has obtained a CLOMR, except as specified in subsections (i) and

(ii) below:

(i) If a CLOMR is obtained for the purposes of documenting compliance with the Endangered Species Act and the project will not cause a rise as specified in BCC 83.230(3)(b), then a LOMR is not required; or

(ii) If a CLOMR is obtained and the applicant subsequently alters the project in such a way that it no longer causes a rise as specified in BCC 83.230(3)(b), then a LOMR is not required.

Note: The exceptions listed in subsections (i) and (ii) above do not apply to projects that meet the criteria in BCC 83.230(c)(A) or (B).

(d) The applicant shall be responsible for preparing all technical data to support CLOMR/LOMR applications and paying any processing or application fees associated with the CLOMR/LOMR.

(e) The Floodplain Administrator shall be under no obligation to sign the Community Acknowledgement Form, which is part of the CLOMR/LOMR application, until the applicant demonstrates that the project will or has met the requirements of this code and all applicable state and federal permits.

[BCC 83.230(3)]

Staff Findings: As stated in the findings for BCC 83.800(1), the proposed project is located in a portion of the Special Flood Hazard Area (SFHA) where a floodway has not been mapped and the expected increase to the base flood elevation is less than one foot.

Both the applicant’s Net‐Rise Certification and the Benton County Public Works Department review of the application indicate that, although the currently mapped boundaries of the SFHA are likely incorrect, the proposed bank stabilization project is not expected to expand the mapped boundaries of the SFHA.

Conclusion: Because the expected base flood elevation increase is less than one foot and the project will not increase the mapped boundaries of the SFHA, neither a Conditional Letter of Map Revision nor a Letter of Map Revision is required by this code section.

This criterion is met.

CONCLUSION AND DECISION

Based on the findings in this decision, as well as review of the application materials contained in the file, the proposed streambank bioengineering project, as described in the application submittal, will not cause a negative effect on surrounding properties by changing the flow of floodwaters, and will not increase flood elevations in the immediate vicinity of the project by more than 1 foot in the floodway fringe. The above‐referenced application is approved subject to the conditions of approval listed below.

LU‐22‐016_Decision_Frank, France_N Fork Alsea River_Bank Stabilization Page 10

Physical development of the property is not authorized except as specified to satisfy conditions set forth herein. All development on the property must be consistent with approved plans and conditions set forth herein:

CONDITIONS OF APPROVAL

The following conditions shall be met:

1. The scope of approval and development activities is limited to the proposed streambank bioengineering project, as described in the application materials submitted. All work shall conform to stated specifications.

2. Prior to initiation of development activities authorized by this approval, the applicant shall obtain approval for all necessary permits required by Federal, State, and local agencies. [BCC 83.220(1)(c)]. Requiring agencies may include, but are not limited to, U.S. Army Corp of Engineers, Department of State Lands, and/or NOAA Fisheries.

If a permit is required by an agency, the applicant shall provide a copy of the approved permit and approval conditions to the Benton County Community Development Department (labeled for inclusion in Planning File No. LU‐22‐016) prior to initiation of proposed project activities.

3. Upon completion of the project, the applicant shall provide photographs of the completed project at each of the bank restoration locations to the Benton County Community Development Department. The photographs shall be labeled for inclusion in Planning File No. LU‐22‐016.

4. The applicant shall be responsible for monitoring the approved bank stabilization project, correcting problems, and ensuring that the installed material is properly placed and maintained.

5. The applicant shall digital copies of all annual monitoring reports required by state and federal agencies to the Benton County Community Development Department until such time as monitoring is deemed complete. The monitoring reports shall be labeled for inclusion in Planning File No. LU‐22‐016.

6. The applicant shall ensure compliance with all Endangered Species Act requirements that may apply to the bank stabilization project.

PLANNING OFFICIAL: _________ Date of Decision: June 21, 2022

This is a ministerial decision of the Benton County Community Development Department. This is not a land use decision pursuant to ORS 197.015, and therefore is not subject to appeal.

ADVISORY INFORMATION. The applicant is hereby notified that:

Compliance with the federal Endangered Species Act is mandatory. If verification of compliance with the Federal Endangered Species Act (ESA) has not already been completed (i.e. through another review process such as a DSL Fill & Removal Authorization), it is the applicant’s responsibility to obtain any required permit approvals from the applicable federal agency, and/or any other applicable agency, to document that the proposed bridge replacement project will not

LU‐22‐016_Decision_Frank, France_N Fork Alsea River_Bank Stabilization Page 11 adversely impact habitat for salmonid species protected under the ESA. Failure to do so may be a violation of federal law.

ATTACHMENT(S):

Benton County Public Works Department review of application

NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS 215 REQUIRES THAT IF YOU RECEIVE

THIS NOTICE IT MUST BE PROMPTLY FORWARDED TO THE PURCHASER.

The recipient of this notice is hereby responsible to promptly forward a copy of this notice to every person with a documented interest, including a renter or lessee.

LU‐22‐016_Decision_Frank, France_N Fork Alsea River_Bank Stabilization Page 12

Planning File No. LU‐22‐016

Land Development Activities in the Floodplain (Alsea Fish Hatchery Bank Stabilization Project, South Fork Alsea River)

Applicant: Oregon Department of Fish & Wildlife

C:\Users\toby\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\XH62AKT5\MEMO-LU-22-016-FRANK-

Fish Hatchery Bank Failure-2022.04.04.docx

Engineering & Survey Division Office: (541) 766-6821

Fax: (541) 766-6891 360 SW Avery Avenue.

Corvallis, OR 97333 co.benton.or.us

April 4, 2022

TO: Toby Lewis – Associate Planner Benton County Community Development

FROM: Gordon Kurtz – Associate Engineer Benton County Public Works

RE: William & Mary Frank – Alsea Fish Hatchery Bank Failure LU-22-016 – Land Development Activities in the Floodplain FIRM PANEL: 41003C 0265F – North Fork Alsea River

NWP-2021-399

29050 Fish Hatchery Road County Road #: 37405 – MP 1.00 T13S – R7W – Sections 20– Tax Lot 400

Public Works staff have reviewed the application noted above and have comments and conditions as follows.

FINDINGS OF FACT

The entirety of proposed project falls within the SFHA of a FEMA FIRM unnumbered “A” Zone.

There is no mapped floodway in the project reach. Erosion has resulted in two bank failures on the south (westerly) bank of the North Fork Alsea River. The bank failures threatens Fish Hatchery Road, access to residences above the failures and the water intake line for the hatchery. The applicant proposes to repair the bank failures using bioengineering construction techniques. The Construction materials will consist of natural materials, large wood, rock and planted vegetation.

If neglected, the bank failures will expand and compromise valuable public infrastructure.

The applicant has provided a detailed hydrologic analysis based on current LIDAR data, an HEC-RAS analysis of the proposed project which includes a flood depth and 1.0% recurrence boundary analysis and a general assessment of the flood elevations in this reach of the North Fork Alsea. The analysis indicates that the existing FIRM Map floodplain boundaries are extremely conservative and likely in need of modification. Based on the analysis provided, the flood plain in this reach of the North Fork Alsea River is significantly smaller than currently mapped.

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Fish Hatchery Bank Failure-2022.04.04.docx

CONCLUSIONS

The proposed bioengineered structures are an enhancement to the North Fork Alsea River and will prevent degradation of valuable fish habitat and public infrastructure. In combination with planned riparian planting, the proposed project is a benefit to this reach of the river system.

Public Works concludes that the project will not increase 100 year BFE by more than allowable levels.

RECOMMENDED CONDITIONS OF APPROVAL

The applicant shall obtain and comply with all required Federal, State and Local permits and their conditions.

Upon completion of the project the applicant shall provide the County with photographs of the completed project at each of the bank restoration locations.

The applicant shall provide the County with digital copies of all annual monitoring reports required by State and Federal agencies for this project until such time as monitoring is deemed complete.

Please feel free to contact me if you have questions or concerns.

Kate Brown, Governor

Oregon Department of State Lands

775 Summer Street NE, Suite 100

Salem, OR 97301-1279

(503) 986-5200

FAX (503) 378-4844

www.oregon.gov/dsl

State Land Board

Kate Brown

Governor

Shemia Fagan

Secretary of State

Tobias Read

State Treasurer

04/14/2022

BJG600/63789

OREGON DEPT OF FISH AND WILDLIFE

ATTN MATT FRANK

29050 FISH HATCHERY RD

ALSEA OR 97324

RE: EMERGENCY AUTHORIZATION FOR

PLACEMENT OF FILL AND REMOVAL OF MATERIAL IN WATERS OF

THE STATE

THIS AUTHORIZATION EXPIRES ON AUGUST 31, 2022

• DSL Application No. 63789-RF

• NF Alsea River, Benton County

• T. 13S, R. 07W, Section 20, Tax Lot 400

Dear Mr. Frank:

This letter is an authorization for emergency purposes only. An emergency is defined in Oregon Administrative Rule 141-085-0510(31) as “natural or human-caused circumstances that pose an immediate threat to public health, safety or substantial property including crop or farmland."

Your request to place 945 cubic yards and remove 515 cubic yards has been approved as an emergency authorization under ORS 196.810(4). This authorization expires on August 31, 2021. In the performance of the emergency work by you and/or contractors, the following conditions shall be followed:

1. The amount of material to be removed/filled shall not exceed the minimum necessary to alleviate the emergency circumstances. However, up to place 945 cubic yards and remove 515 cubic yards cubic yards of material are authorized for placement/removal as needed.

This emergency work should adhere to the designs submitted to DSL on 07/21/2021 as part of DSL permit 63456.

2. Work shall be completed during the in-water work period of July 1 – August 31 unless approved otherwise in writing by the Department.

3. Turbidity increases shall be kept to a minimum. Only clean, erosion-resistant rock shall be used as fill.

4. The route and methods used to access the work site shall minimize damage and disturbance to the streambank, stream channel and riparian area.

5. All work shall be done from the top of the bank unless otherwise approved by the Department of State Lands.

6. Any excavated material shall be disposed of on upland and not be placed in wetlands, streams or other waters.

DSL Application No. 63789-RF

7. Inspection of the work may occur by the Department of State Lands and/or Department of Fish and Wildlife or other appropriate agency following the emergency, and project refinements may be required by the Department such as:

a. addition of rock barbs or rearranging of riprap;

b. sloping the bank;

c. revegetation of the slope and/or bank top; and

d. other measures as appropriate to protect waters of the state.

8. 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.

9. The Department of State Lands retains the authority to temporarily halt or modify the project in case of excessive turbidity or damage to natural resources.

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

11. Permittee shall 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.

12. This authorization permits only the work described in the application. Any additional work may require a permit from the Department of State Lands.

For Disaster Recovery Assistance, victims need to apply through the National Teleregistration Center at 1-800-462-9029/TTY 1-800-462-7585.

Please be aware that you must also receive authorization, when required, from the U.S. Army Corps of Engineers (USACE) before beginning construction. The USACE contact for Benton County is Benny Dean at 541-465-6769. In addition, you should contact your city and county planning office for local permits as necessary. If you have any questions regarding this authorization or its conditions, please contact Bryan Gillooly at (503) 871-3031 or Carrie Landrum at (503) 986-5285.

Sincerely, Patricia Fox Southern Operations Manager Aquatic Resource Management Oregon Department of State Lands cc: Oregon Department of Fish and Wildlife US Army Corps of Engineers, Portland Office

DSL Application No. 63789-RF

Department of Environmental Quality

Benton Planning Department