Appendix B1 Environmental Permits.pdf

NWP-2023-223 Page 1 of 9

DEPARTMENT OF THE ARMY PERMIT

Permittee: United States Coast Guard, Civil Engineering Unit Oakland 1301 Clay Street, Suite 700N Oakland, CA 94612

Permit No: NWP-2023-223

Issuing Office: U.S. Army Corps of Engineers, Portland District

NOTE: The term "you" and its derivatives as used in this permit means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the U.S. Army Corps of Engineers (Corps) having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer.

You are authorized to perform work in accordance with the terms and conditions specified below.

Project Description: You are authorized to dredge up to 11,500 cubic yards (cy) of silt and sand over a 10-year period from below the high tide line (HTL) of the Umpqua River to maintain vessel access at USCG Station Umpqua River. You are authorized to remove up to 7,000 cy of sediment during an initial dredging event and an additional 4,500 cy of sediment under one or more additional dredging events.

The dredge prism measures approximately 1.3 acres and will be dredged to an elevation of -12 feet Mean Lower Low water datum. Slope cuts adjacent the edge of the dredging will not exceed 3 foot horizontal to 1 foot vertical side slopes.

You will dispose of dredged material below the HTL of the Pacific Ocean at the EPA North and/or South Umpqua River Ocean Dredged Material Disposal Sites (ODMDS), or at an upland landfill site.

You will conduct work using mechanical or hydraulic methods. Dredging will occur via mechanical clamshell to a barge (scow) or hydraulic suction dredging directly to a scow for transport to the ODMDS or to a dock location where it will be transported to an upland landfill. The hydraulic dredging pipeline will measure approximately 18 to 30-inches in diameter and be composed of high-density polyethylene plastic or steel. The scow will be held in position by temporary spud piles. Excess water on the scow will be filtered using hay bales and geotextile fabric prior to release to the waterway. A tug will take the scow to the ODMDS site.

Purpose: To maintain navigational access for vessels utilizing the USCG Station Umpqua River.

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Project Location: Umpqua River, Douglas County, Winchester Bay, Oregon

Drawings: Five (Attachment 1)

Permit Conditions:

General Conditions:

1. The time limit for completing the work authorized ends on April 22, 2034. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached.

2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition No. 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area.

3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.

4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization.

5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit.

For your convenience, a copy of the certification is attached if it contains such conditions (Attachment 2).

6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.

Special Conditions:

a. The work authorized herein includes periodic maintenance dredging and disposal of dredge material at an upland landfill site, which may be performed under this permit for 10 years from the date of issuance of this permit. Permittee is also authorized to transport dredged material for disposal in ocean waters at the North Umpqua River or South Umpqua

NWP-2023-223 Page 3 of 9

River Ocean Dredged Material Disposal Site. The time limit for completing ocean disposal ends three years from the date of issuance of this permit. The permittee must submit a new application for ocean disposal of dredged material beyond the three year time frame. The application shall be submitted at least six months prior to the need to conduct dredging and disposal.

b. Required notifications:

1. Permittee shall submit all dredging/disposal-related notifications and reports to the U.S. Army Corps of Engineers (Corps), Portland District, Regulatory Branch by email to cenwp.notify@usace.army.mil and the email subject line shall include NWP-2023-223, Douglas County, Dredging. If you are submitting files larger than 20 MB, contact your county Regulatory Project Manager for instructions.

2. The work authorized by this permit includes periodic maintenance dredging. The special conditions in this permit apply to each maintenance dredging activity.

Permittee shall notify the U.S. Army Corps of Engineers, Portland District, Regulatory Branch at least 14 days prior to beginning each maintenance dredging event (see Special Condition (b)(1) for notification method).

3. Permittee shall provide a copy of the permit transmittal letter, permit form, and permit drawings to all contractors performing any of the work authorized by this permit. A copy of the permit shall be available on the vessel(s) used in the transport and disposal of dredged material.

4. Permittee shall notify the U.S. Coast Guard District Thirteen of the project by email at D13-SMB-D13-LNM@uscg.mil at least 14 days prior to commencing work, so the project information can be issued in the Local Notice to Mariners.

5. Any deviations from the authorized dredging area or depths or deviations from the authorized dredged material disposal shall be reported to cenwp.notify@usace.army.mil within 24 hours of discovery.

6. If dredging cannot be completed prior to May 2029, you shall coordinate with the Portland Sediment Evaluation Team (PSET) to obtain a determination regarding the need to re-characterize the dredged material. Coordination with PSET shall be initiated at least 9 months prior to May 2029.

7. Permittee shall conduct a post-dredge bathymetric survey of the dredged site.

Plotted results of the post-dredge bathymetric survey, to include plan and section views, shall be submitted to the U.S. Army Corps of Engineers, Portland District, Regulatory Branch in PDF format within 60 days of the completion of dredging.

Results must clearly display the post-dredge sediment surface in relation to the pre-dredge sediment surface and the permitted dredge boundary and depth, as well as the location of project features such as docks, wharfs, and other landmarks. The vertical datum must be clearly indicated. Bathymetric survey data must be submitted

NWP-2023-223 Page 4 of 9 upon request.

8. Permittee shall prepare and submit a post-dredge/post-disposal report to the U.S.

Army Corps of Engineers, Portland District, Regulatory Branch within 60 days of completion of each maintenance dredging and disposal event. The report shall include dates the dredging and disposal commenced and was completed, the method of dredging, the total quantity dredged, total dredged depth, the total area dredged (acres), the total quantity disposed at the in-water disposal site(s), the total quantity disposed at the upland disposal site(s),a location record log with the barge/scow position at the time of each disposal, a description of any deviations from the authorized work (e.g., overdepth dredging), a summary of debris management, and pre/post bathymetric surveys of the dredging site and pre/post bathymetric surveys of the disposal site. Bathymetric surveys required by special condition (b)(7) should be included in the report.

9. Permittee shall complete and sign the enclosed Compliance Certification (Attachment 3). Permittee shall submit the completed certification to the U.S. Army Corps of Engineers, Portland District, Regulatory Branch within 30 days of completion of the authorized activity. The completed certification shall be provided by e-mail to cenwp.notify@usace.army.mil and the email subject line shall include NWP-2023-223, Douglas County. If you are submitting files larger than 20 MB, contact your county Regulatory Project Manager for instructions.

c. Permittee shall comply with the conditions specified in the U.S. Environmental Protection Agency’s section 103 Marine Protection, Research, and Sanctuaries Act concurrence dated 27 March 2024 (Attachment 4).

d. Permittee shall comply with the conditions specified in the Oregon Department of Land Conservation and Development coastal zone management consistency determination dated October 27, 2023 (Attachment 5).

e. This Corps permit does not authorize you to take an endangered species in particular those species identified in Attachment 6. In order to legally take a listed species, you must have separate authorization under the Endangered Species Act (ESA) (e.g., an ESA Section 10 permit, or a biological opinion (BO) under ESA Section 7, with “incidental take” provisions with which you must comply). The USCG is the lead federal agency for ESA consultation for this project. The enclosed BO prepared by the National Marine Fisheries Service (NMFS), dated February 8, 2024, contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with the “incidental take” that is also specified in the BO (NMFS Reference Number WRCO-2023-00212). Your authorization under this Corps permit is conditional upon your compliance with all of the mandatory terms and conditions associated with incidental take of the attached BO (Attachment 6), which terms and conditions are incorporated by reference in this permit.

Failure to comply with the terms and conditions associated with incidental take of the BO, where a take of the listed species occurs, would constitute an unauthorized take, and it would also constitute noncompliance with your Corps permit. The NMFS is the appropriate

NWP-2023-223 Page 5 of 9 authority to determine compliance with the terms and conditions of its BO, and with the

ESA.

f. This Corps permit does not authorize you to take an endangered species, in particular the Marbled Murrelet (Brachyramphus marmoratus). In order to legally take a listed species, you must have separate authorization under the Endangered Species Act (ESA) (e.g., an ESA Section 10 permit, or a biological opinion under ESA Section 7, with “incidental take” provisions with which you must comply). The USCG is the lead federal agency for ESA consultation for this project. On March 24, 2023, the U.S. Fish and Wildlife Service (USFWS) concurred your project, if implemented as proposed, is not likely to adversely affect a listed species and/or adversely modify critical habitat nor constitute take of a listed species (USFWS Reference Number 2023-0047091). Failure to implement the project as proposed in Attachment 7, which is the concurrence letter from the USFWS, may constitute noncompliance with the ESA and your Corps permit. The USFWS is the appropriate authority to determine compliance with the ESA.

g. Permittee shall adhere to any dredged material disposal plan prepared by Portland District Civil Works which has been transmitted to the permittee.

h. Dredging, dredged sediment discharge/placement, and monitoring of the dredging projects using the Dredging Quality Management (DQM) system shall be implemented for this permit when the project activity is using mechanical dredging equipment. The permittee's DQM system must have been certified by the National DQM Support Center (DQM Center) within one calendar year prior to the initiation of the NWP Regulatory Branch SOP for section 103 MPRSA Permit Application Evaluation dredging/discharge/placement of sediments. The permittee is responsible for ensuring that the DQM system is operational throughout the dredging and discharge/placement of sediments, and that the project data is submitted to the DQM Center in accordance with the specifications provided at the DQM website. Questions regarding certification and/or additional information about DQM program should be addressed to the DQM Center at (877) 840-8024 and/or https://dqm.usace.army.mill.

i. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration.

NWP-2023-223 Page 6 of 9

Further Information:

1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:

( X ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).

( ) Section 404 of the Clean Water Act (33 U.S.C. 1344).

( X ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972

(33 U.S.C. 1413).

2. Limits of this Authorization:

a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.

b. This permit does not grant any property rights or exclusive privileges.

c. This permit does not authorize any injury to the property or rights of others.

d. This permit does not authorize interference with any existing or proposed Federal project.

3. Limits of Federal Liability: In issuing this permit, the Federal Government does not assume any liability for the following:

a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes.

b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest.

c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit.

d. Design or construction deficiencies associated with the permitted work.

e. Damage claims associated with any future modification, suspension, or revocation of this permit.

4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided.

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5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:

a. You fail to comply with the terms and conditions of this permit.

b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 4 above).

c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.

Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost.

6. Extensions: General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.

NWP-2023-223 Page 8 of 9

Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.

(PERMITTEE SIGNATURE) (DATE)

CAPT_Scott_MacCumbee__________________

____________(PRINTED NAME)

___Commanding_Officer______

________ (TITLE)

This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.

FOR THE COMMANDER, LARRY D. CASWELL, JR., PE, PMP, COLONEL, U.S. ARMY,

DISTRICT COMMANDER and DISTRICT ENGINEER:

Melanie O’Meara (DATE) Chief, Eugene Section Regulatory Branch

NWP-2023-223 Page 9 of 9

When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign below.

PERMIT TRANSFEREE:

Transferee Signature DATE

Name (Please print)

Address

City, State, and Zip Code

U.S. Coast Guard Maintenance Dredging Application Figures

NWP-2023-223 1 of 5 Attachment 1

NWP-2023-223 2 of 5 Attachment 1

NWP-2023-223 3 of 5 Attachment 1

NWP-2023-223 4 of 5 Attachment 1

NWP-2023-223 5 of 5 Attachment 1

Department of Environmental Quality Northwest Region Portland Office/Water Quality

700 NE Multnomah Street, Suite 600

Tina Kotek, Governor Portland, OR 97232-4100

(503) 229-5263

FAX (503) 229-6957

TTY 711

October 16, 2023

Daniel Ursino US Coast Guard, Civil Engineering Unit Oakland 1301 Clay Street, suite 700N Oakland, CA 94612

RE: 2023-223; USCG Station Umpqua River Maintenance Dredging 401 Water Quality Certification

The Department of Environmental Quality (DEQ) has reviewed the U.S. Army Corps of Engineers (USACE) Permit application # 2023-223, pursuant to a request for a Clean Water Act Section 401 Water Quality Certification (WQC) received on May 23, 2023. DEQ’s 401 WQC public comment opportunity was circulated with the USACE public notice from September 12, 2023, to October 12, 2023, and DEQ received no comments.

According to the application, US Coast Guard (“the Applicant”) proposes to impact waters in order to conduct maintenance dredging over two separate dredging events in a ten-year period to dredge to an elevation of -12 feet Mean Lower Low. The project is located in the mainstem lower estuary, near river mile 1.8, of the Umpqua River, in Winchester Bay, Douglas County, Oregon (Section 7, Township 22S, Range 12W).

Project Description: The Applicant proposes to impact approximately 1.3 acres of river by excavating and discharging approximately 11,500 cubic yards (cy) of fill material. The initial dredging activity would remove up to 7,000 cy of sediment, and an additional dredging event would remove up to 4,500 cy of sediment. Dredging operations would be conducted using a mechanical clamshell or hydraulic suction dredging. Slope cuts will not exceed 3H:1V side slopes.

Dredged material will be disposed of at the EPA North and/or South Umpqua River ODMDS or at the Umpqua RM 0.8-IW Placement Site.

Status of Affected Waters of the State: The mainstem lower estuary of the Umpqua River is classified as water quality limited under the Federal Clean Water Act with an Environmental Protection Agency Approved Total Maximum Daily Load (TMDL) developed for fecal coliform;

and is listed on the Section 303(d) list of impaired water bodies for temperature.

The above listed parameters impair the following beneficial uses in the Umpqua River: fishing, and fish and aquatic life. Additional beneficial uses include: industrial water supply, wildlife and hunting, fishing, boating, water contact recreation, aesthetic quality, and commercial navigation and transportation.

NWP-2023-223 1 of 11 Attachement 2

DEQ 401 WQC, 2023-223, USCG Station Umpqua River Maintenance Dredging

Certification Decision: Based on the information provided by the Applicant, DEQ is reasonably assured that implementation of the project will be consistent with applicable provisions of Sections 301, 302, 303, 306 and 307 of the federal Clean Water Act, state water quality standards set forth in Oregon Administrative Rules Chapter 340 Division 41 and other appropriate requirements of state law, provided the following conditions are incorporated into the USACE permit and strictly adhered to by the Applicant.

GENERAL CONDITIONS

1) Responsible parties: This 401 WQC applies to the Applicant. The Applicant is responsible for the work of its contractors and subcontractors, as well as any other entity that performs work related to this 401 WQC.

Rule: OAR 340-048-0015 Justification: DEQ must be aware of responsible parties to ensure compliance.

2) Work Authorized: Work authorized by this Order is limited to the work described in the Joint Permit Application signed on April 24, 2023, and additional application materials (hereafter “the permit application materials”), unless otherwise authorized by DEQ. If the project is operated in a manner that’s not consistent with the project description contained in the permit application materials, the Applicant is not in compliance with this Order and may be subject to enforcement.

Rule: OAR 340-048-0015 Justification: To ensure the project will comply with water quality standards, DEQ must understand all work involved in the construction and operation of the project.

3) Duration of Certificate: This 401 WQC for impacts to waters, including dredge and fill activities, is valid for ten years from the date of issuance of the USACE 404 permit. A new or modified 401 WQC must be requested before any modification of the USACE 404 permit.

Rule: OAR 340-048-0015 Justification: Certification is required for any license or permit that authorizes an activity that may result in a discharge.

4) Modification: Any approved modifications to this certification, including a change of ownership, will incur a Tier 1 fee of $985 at a minimum. A higher fee may be assessed for complex modifications.

Rule: OAR 340-048-0050 Justification: To ensure the project will comply with water quality standards, DEQ must understand all work

5) Notification: The Applicant must notify DEQ of any change in ownership or control of this project within 30 days and obtain DEQ review and approval before undertaking any change to the project that might affect water quality.

Rule: OAR 340-048-0050 Justification: To ensure the project will comply with water quality standards, DEQ must understand all work

NWP-2023-223 2 of 11 Attachement 2

6) 401 WQC on Site: A copy of this 401 WQC letter must be kept on the job site and readily available for reference by the Applicant and its contractors and subcontractors, as well as by DEQ, US Army Corps of Engineers, National Marine Fisheries Service, Oregon Department of Fish and Wildlife and other state and local government inspectors.

Rule: OAR 340-012 Justification: All parties must be aware of and comply with the 401 WQC, including on-site contractors.

7) Project Changes: DEQ may modify or revoke this certification, in accordance with Oregon Administrative Rules 340-048-0050, if the project changes or project activities are having an adverse impact on state water quality or beneficial uses, or if the Applicant violates any of the conditions of this certification.

Rule: OAR 340-048-0050 Justification: To ensure the project will comply with water quality standards, DEQ must understand all work

8) Access: The Applicant and its contractors must allow DEQ access to the project site with or without prior notice, including staging areas, and mitigation sites to monitor compliance with these certification conditions, including:

a. Access to any records, logs, and reports that must be kept under the conditions of this certification;

b. To inspect best management practices, monitoring or equipment or methods; and

c. To collect samples or monitor any discharge of pollutants.

Justification: DEQ must inspect facilities for compliance with all state rules and laws.

9) Enforcement: Failure of any person or entity to comply with this order may result in the issuance of civil penalties or other actions, whether administrative or judicial, to enforce its terms.

Rule: OAR 340-012 Justification: If the project is not being constructed or operated as proposed, it may not be consistent with water quality requirements.

SPECIFIC CONDITIONS FOR IN-WATER WORK

10) Fish Protection/ Oregon Department of Fish and Wildlife Timing: The Applicant must perform in-water work only within the Oregon Department of Fish and Wildlife preferred time window as specified in the Oregon Guidelines for Timing of In-Water Work to Protect Fish and Wildlife Resources (https://www.dfw.state.or.us/lands/inwater/2023%20Oregon%20In-

Water%20Work%20Guidelines.pdf) or as authorized otherwise under a Department of State Lands removal/fill permit. Exceptions to the timing window must be recommended by Oregon Department of Fish and Wildlife and/or the National Marine Fisheries Services as appropriate.

Rule: OAR 340-041-0011 Justification: DEQ must be protective of all water quality standards, including beneficial uses such as fish and aquatic life.

NWP-2023-223 3 of 11 Attachement 2 https://www.dfw.state.or.us/lands/inwater/2023%20Oregon%20In-Water%20Work%20Guidelines.pdf https://www.dfw.state.or.us/lands/inwater/2023%20Oregon%20In-Water%20Work%20Guidelines.pdf

11) Aquatic Life Movements: Any activity that may disrupt the movement of aquatic life living in the water body, including those species that normally migrate through the area, is prohibited. The Applicant must provide unobstructed fish passage at all times during any authorized activity. Exceptions must be reviewed and recommended by Oregon Department of Fish Wildlife and/or the National Marine Fisheries Service as appropriate.

Rule: OAR 340-041-0016; OAR 340-041-0028 Justification: DEQ must be protective of all water quality standards, including beneficial uses such as fish.

12) Turbidity: The Applicant must implement best management practices (BMPs) to minimize turbidity during in-water work. Any activity that causes turbidity to exceed 10 percent above natural stream turbidity is prohibited except as specifically noted below:

a. Monitoring: Turbidity monitoring must be conducted and recorded as described below. Monitoring must occur at two hour intervals each day during daylight hours when in-water work is being conducted, including while dewatering or work area isolation measures are in place. A properly calibrated turbidimeter is required.

i. Representative Background Point: The Applicant must take and record a turbidity measurement every two hours during in-water work at an undisturbed area 100 feet up-current from the in-water disturbance, in order to establish background turbidity levels. The background turbidity, location, date, tidal stage (if applicable) and time must be recorded immediately prior to monitoring down-current at the compliance point described below.

ii. Compliance Point: The Applicant must monitor every two hours, 100 feet downcurrent from the disturbance, at approximately mid-depth of the waterbody and within any visible plume. The turbidity, location, date, tidal stage (if applicable) and time must be recorded for each measurement.

b. Compliance: The Applicant must compare turbidity monitoring results from the compliance points to the representative background levels taken during each two hour monitoring interval. Pursuant to Oregon Administrative Rules 340-041-0036, short-term exceedances are allowed as followed:

MONITORING WITH A TURBIDIMETER EVERY 2 HOURS

TURBIDITY LEVEL Restrictions to Duration of Activity

0 to 4 NTU above background No Restrictions

5 to 29 NTU above background Work may continue maximum of 4 Hours. If turbidity remains 5-29 NTU above background, stop work and modify BMPs. Work may resume when NTU is 0-4 above background.

30 to 49 NTU above background Work may continue maximum of 2 Hours. If turbidity remains 30-49 NTU above background, stop work and modify BMPs. Work may resume when NTU is 0-4 above background.

50 NTU or more above background Stop work immediately and inform DEQ

If an exceedance over the background level occurs, the Applicant must modify the activity and continue to monitor every two hours. If an exceedance over the

NWP-2023-223 4 of 11 Attachement 2 background level continues after the second monitoring interval, the activity must stop. If, however, turbidity levels return to background at or after second monitoring level due to implementation of best management practices or natural attenuation, work may continue with appropriate monitoring as above.

If an exceedance occurs at: 50 NTU or more over background; 30 NTU over background for two hours; or 5-29 NTU over background for eight hours, the activity must stop immediately for the remainder of that 24-hour period.

c. Reporting:

i. Record all turbidity monitoring required by subsections (a) and (b) above in daily logs which must include: calibration documentation;

background NTUs; compliance point NTUs; comparison of the points in NTUs; and location; date; time; and tidal stage (if applicable) for each reading.

ii. Keep records on file for the duration of the permit cycle.

iii. Prepare a narrative must be prepared discussing all exceedances with subsequent monitoring, actions taken, and the effectiveness of the actions. The Applicant must make available copies of daily logs for turbidity monitoring to regulatory agencies including DEQ, USACE, NMFS, USFWS, and ODFW upon request. An example turbidity log is attached to this certification.

SPECIFIC CONDITIONS FOR DREDGING

13) Pre-Dredge Notification: The Applicant must notify DEQ 14 days before dredging is to commence.

Justification: DEQ must inspect facilities for compliance with all state rules and laws.

14) Post-Dredge Notification: Submit dredge and disposal report with figures to DEQ within 60 days of each dredging and disposal event. Include the following items as applicable: debris monitoring results, dredging/disposal dates, disposal location maps, post-dredge sampling data, locations, volumes, acreages, dredge depths, photographs, debris and biological observations, and hydro surveys.

Rule: OAR 340-048-0015 Justification: To ensure the project will comply with water quality standards, DEQ must understand all work

15) Sediment Characerization: Sediment characterization has been conducted in accordance with the Sediment Evaluation Framework for the Pacific Northwest (SEF), May 2018 [USACE, National Marine Fisheries Service (NMFS), U.S. Fish and Wildlife Service (USFWS), U.S. Environmental Protection Agency (EPA), DEQ, Washington Department of Natural Resources (WDNR), Washington Department of Ecology (Ecology), and Idaho Department of Environmental Quality (IDEQ)]. The Applicant must follow all recommendations of the Portland Sediment Evaluation Team (PSET) Memorandum dated October 12, 2023. According to the PSET memo, the dredge prism sediment is suitable for unconfined aquatic placement and the post-dredge surface is

NWP-2023-223 5 of 11 Attachement 2 suitable for unconfined aquatic exposure through May 2029. The Applicant shall submit any updated PSET guidance following the May 2029 data recency expiration.

Rule: OAR 340-041-0036, OAR 340-041 Justification: DEQ must ensure that pollution does not enter waterways.

16) Dredging and Disposal Methods: The PSET determination provides recommendations regarding the suitability for sediment disposal in water. The Applicant and its contractors must follow these recommendations and the following additional conditions:

a. Suitable for Unconfined In-Water Disposal

i. Disposal locations are confined to those proposed in the application.

ii. Dredging method is limited to the method proposed in the application, unless otherwise authorized by DEQ.

iii. Dredged material disposal may not interfere with navigation.

iv. For dredged material proposed to be placed upland, a DEQ Solid Waste

Letter of Authorization, or clean fill determination is required prior to placing material.

v. Dredged material may not be placed in wetlands, and return water must not cause harm to freshwater wetlands or other freshwater environments.

i. Dredged material disposal must be upland or at a landfill permitted to accept hazardous waste. DEQ Solid Waste Letter of Authorization, or clean fill determination is required, which may include contaminant specific limitations.

ii. A leave surface management plan per PSET, DEQ Cleanup, or 401 WQC program is required prior to dredging.

b. The Applicant or its contractors must employ the following techniques to minimize sediment disturbance and distribution through the water column:

i. Sequence or phase work activities to minimize the extent and duration of in-water disturbances;

ii. Employ an experienced equipment operator;

iii. Implement bucket control techniques, such as:

1) Do not overfill the bucket.

2) Close the bucket as slowly as possible on the bottom.

3) Pause before hoisting the bucket off of the bottom to allow any overage to settle near the bottom.

4) Hoist load very slowly.

5) If dewatering is permissible, pause bucket at water surface to minimize distance of discharge.

6) "Slam" open the bucket after material is dumped on a barge to dislodge any additional material that is potentially clinging to the bucket.

7) Ensure that all material has dumped into the barge from the bucket before returning for another bite.

8) Do not dump partial or full buckets of material back into the wetted stream.

iv. Implement suction dredge control techniques, such as:

1) Operate with the intake head at or below the surface of the sediments being removed during all periods of active dredging.

2) Slow cutter head rotation or lessen horsepower.

3) Slow swing arm speed.

NWP-2023-223 6 of 11 Attachement 2

4) Clean out slurry by pumping in river water before shutting down rather than purging.

5) If purging becomes necessary, raise intake line no more than 3 feet from the bottom.

c. Dredging of holes or sumps below maximum depth and subsequent redistribution of sediment by dredging, dragging, or other means is prohibited.

d. All anthropogenic debris greater than 1 foot in dimension must be removed from dredged sediments prior to in-water disposal and transported to an appropriate upland disposal site.

Rule: OAR 340-041-0036, OAR 340-041 Justification: DEQ must ensure that pollution does not enter waterways.

17) Spill Prevention: The Applicant must have a spill prevention and control plan. The Applicant must fuel, operate, maintain, and store vehicles, equipment, and materials in areas that will not disturb native habitat directly or result in potential discharges. In general, reasonable precautions and controls must be used to prevent any discharges of petroleum products or other harmful or toxic materials from entering the water as a result of any in-water activities. In addition, the following specific requirements apply:

b. Vehicle staging, cleaning, maintenance, refueling, and fuel storage must take place in a vehicle staging area placed 150 feet or more from any waters of the state. An exception to this distance may be authorized upon written approval by DEQ if all practicable prevention measures are employed and this distance is not possible because of any of the following site conditions:

i. Physical constraints that make this distance not feasible (e.g., steep slopes, rock outcroppings)

ii. Natural resource features would be degraded as a result of this setback;

or

iii. Equal or greater spill containment and effect avoidance is provided even if staging area is less than 150 feet of any waters of the state.

c. If staging areas are within 150 feet of any waters of the state, as allowed under subsection (a)(iii) of this condition, full containment of potential contaminants must be provided to prevent soil and water contamination, as appropriate.

d. All vehicles operated within 150 feet of any waters of the state must be inspected daily for fluid leaks before leaving the vehicle staging area. Any leaks detected in the vehicle staging area must be repaired before the vehicle resumes operation.

e. Before operations begin and as often as necessary during operation, equipment must be steam cleaned (or undergo an approved equivalent cleaning) until all visible external oil, grease, mud, and other visible contaminants are removed if the equipment will be used below the bank of a waterbody.

f. All stationary power equipment (e.g., generators, cranes, stationary drilling equipment) operated within 150 feet of any waters of the state must be covered

NWP-2023-223 7 of 11 Attachement 2 by an absorbent mat to prevent leaks, unless other suitable containment is provided to prevent potential spills from entering any waters of the state.

g. An adequate supply of materials (such as straw matting/bales, geotextiles, booms, diapers, and other absorbent materials) needed to contain spills must be maintained at the project site and deployed as necessary.

h. All equipment operated in state waters must use bio-degradable hydraulic fluid.

i. A maintenance log documenting equipment maintenance inspections and actions must be kept on-site and available upon request.

Rule: ORS 466.645(1); OAR 340-142-0030(1)(b)(B), OAR 340-041 Justification: DEQ must ensure that pollution does not enter waterways and must be protective of beneficial uses, including fish.

18) Spill & Incident Reporting:

a. In the event that petroleum products, chemicals, or any other deleterious materials are discharged into state waters, or onto land with a potential to enter state waters, the Applicant must report the discharge to the Oregon Emergency Response Service (OERS, 1-800-452-0311) within 24 hours. The Applicant must immediately begin containment and complete cleanup as soon as possible.

b. If the project operations cause a water quality problem which results in distressed or dying fish, the operator must immediately: cease operations; take appropriate corrective measures to prevent further environmental damage; collect fish specimens and water samples; and notify DEQ, Oregon Department of Fish and Wildlife and other appropriate regulatory agencies.

Rule: ORS 466.645(1); OAR 340-142-0030(1)(b)(B), OAR 340-041 Justification: DEQ must ensure that pollution does not enter waterways and must be protective of beneficial uses, including fish.

If the Applicant is not satisfied with the conditions contained in this certification, a contested case hearing may be requested in accordance with Oregon Administrative Rule 340-048-0045.

Such requests must be made in writing to the DEQ Office of Compliance and Enforcement at 700 NE Multnomah St, Suite 600, Portland Oregon 97232 within 20 days of the mailing of this certification.

The DEQ hereby certifies this project in accordance with the Clean Water Act and state rules, with the above conditions. If you have any questions, please contact Haley Teach at haley.teach@deq.oregon.gov, by phone at (503) 229-5051, or at the address on this letterhead.

Sincerely, Christine Svetkovich, Northwest Region Administrator

NWP-2023-223 8 of 11 Attachement 2 https://oregondeq.na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAGOfeg3b7pRer6WRpD_o5LMNyzu0tnQSK mailto:haley.teach@deq.oregon.gov ec: Darla White, USACE

James Holm, USACE Kim Kratz, NOAA Jeff Burright, DLCD Erin Hale, USCG

NWP-2023-223 9 of 11 Attachement 2

NWP-2023-223 10 of 11 Attachement 2

Turbidity: The Applicant must implement appropriate Best Management Practices (BMPs) to minimize turbidity during in-water work. Any activity that causes turbidity to exceed 10% above natural stream turbidity is prohibited except as specifically provided below:

Monitoring: Turbidity monitoring must be conducted and recorded as described below. Monitoring must occur at two hour intervals each day during daylight hours when in-water work is being conducted, including while dewatering or work area isolation measures are in place. A properly calibrated turbidimeter is required unless another monitoring method is proposed and authorized by DEQ.

Representative Background Point: The Applicant must take and record a turbidity measurement every two hours during in-water work at an undisturbed area. A background location shall be established at a representative location approximately 100 feet upcurrent of the in water activity unless otherwise authorized by DEQ. The background turbidity, location, date, tidal stage (if applicable) and time must be recorded immediately prior to monitoring downcurrent at the compliance point described below.

Compliance Point: The must monitor every two hours. A compliance location shall be established at a representative location approximately 100 feet downcurrent from the disturbance at approximately mid-depth of the waterbody and within any visible plume. The turbidity, location, date, tidal stage (if applicable) and time must be recorded for each measurement.

Compliance: The Applicant must compare turbidity monitoring results from the compliance points to the representative background levels taken during each two – hour monitoring interval. Pursuant to OAR 340-041-0036, short term exceedances of the turbidity water quality standard are allowed as shown in the monitoring table shown here.

Reporting: The Applicant must record all turbidity monitoring required by subsections (a) and (b) above in daily logs, kept on file for the duration of the permit cycle. The daily logs must include calibration documentation; background NTUs; compliance point NTUs; comparison of the points in NTUs; location; date; time; and tidal stage (if applicable) for each reading. Additionally, a narrative must be prepared discussing all exceedances with subsequent monitoring, actions taken, and the effectiveness of the actions. Applicant must make available copies of daily logs for turbidity monitoring to DEQ, USACE, NMFS, USFWS, and ODFW upon request.

BMPs to Minimize In-stream Turbidity: The Applicant must implement the following BMPs, unless otherwise accepted by DEQ:

i. Sequence/Phasing of Work – The Applicant must schedule work activities so as to minimize in-water disturbance and duration of in-water disturbances;

ii. Bucket control - All in-stream digging passes by excavation machinery and placement of fill in-stream using a bucket must be completed so as to minimize turbidity. All practicable techniques such as employing an experienced equipment operator, not dumping partial or full buckets of material back into the wetted stream, adjusting the volume, speed, or both of the load, or using a closed-lipped environmental bucket must be implemented;

iii. The Applicant must limit the number and location of stream-crossing events. Establish temporary crossing sites as necessary in the least sensitive areas and amend these crossing sites with clean gravel or other temporary methods as appropriate;

iv. Machinery may not be driven into the flowing channel, unless authorized by DEQ; and

v. Excavated material must be placed so that it is isolated from the water edge or wetlands, and not placed where it could re-enter waters of the state uncontrolled.

MONITORING WITH A TURBIDIMETER EVERY 2

HOURS

TURBIDITY LEVEL

Restrictions to Duration of

Activity

0 to 4 NTU above background

No Restrictions

5 to 29 NTU above

Work may continue maximum of 4 hours. If turbidity remains 5-29 NTU above background, stop work and modify BMPs.

Work may resume when NTU is 0-4 above background.

30 to 49 NTU above

Work may continue maximum of 2 hours. If turbidity remains 30-49 NTU above background, stop work and modify BMPs.

Work may resume when NTU is 0-4 above background.

50 NTU or more above background

Stop work immediately and inform DEQ

NWP-2023-223 11 of 11 Attachement 2

NWP- Attachment

1. Permit Number: NWP-

2. Permittee Name:

3. County Location:

Upon completing the activity authorized by the permit, please complete the sections below, sign and date this certification, and return it to the U.S. Army Corps of Engineers, Portland District, Regulatory Branch. The certification can be submitted by email at cenwp.notify@usace.army.mil or by regular mail at the following address:

U.S. Army Corps of Engineers

CENWP-OD-GL

P.O. Box 2946 Portland, OR 97208-2946

4. Corps-required Compensatory Mitigation (see permit special conditions):

a. Mitigation Bank / In-lieu Fee Credit Transaction Documents:

☐ Not Applicable ☐ Submitted ☐ Enclosed

b. Permittee-responsible mitigation (e.g., construction and plantings) has been constructed (not including future monitoring). As-built report:

☐ Not Applicable ☐ Submitted ☐ Enclosed

5. Endangered Species Act – Standard Local Operating Procedures (SLOPES) (see permit special conditions):

a. SLOPES Action Completion Report:

☐ Not Applicable ☐ Submitted ☐ Enclosed

b. SLOPES Fish Salvage Report:

☐ Not Applicable ☐ Submitted ☐ Enclosed

c. SLOPES Site Restoration / Compensatory Mitigation Report:

☐ Not Applicable ☐ Submitted ☐ Enclosed

I hereby certify the work authorized by the above-referenced permit has been completed in accordance with all of the permit terms and conditions.

Signature of Permittee Date

Compliance Certification

March 27, 2024

Colonel Larry D. Caswell, Jr.

District Commander U.S. Army Corps of Engineers, Portland District P.O. Box 2946 Portland, Oregon 97208-2946

Dear Colonel Caswell:

The U.S. Environmental Protection Agency (EPA) received your letter of February 1, 2024, requesting concurrence on the use of two EPA-designated Ocean Dredged Material Disposal Sites, known as Umpqua North and Umpqua South, located offshore of the entrance to the Umpqua River in Oregon.

Pursuant to Section 103(c) of the Marine Protection, Research, and Sanctuaries Act (MPRSA), 33 U.S.C. § 1413(c), the EPA shall concur, either entirely or with conditions, or decline to concur with the determination of the USACE as to compliance with the criteria, conditions, and restrictions established under Section 102(a) and (c) of the MPRSA, 33 U.S.C. §§ 1412(a) and (c), relating to the environmental impact of the permit. The EPA manages the Umpqua River North and Umpqua South Ocean Dredged Material Disposal Sites according to the Umpqua River Site Management and Monitoring Plan.

The USACE proposes to issue a permit, NWP-2023-223, to the United States Coast Guard authorizing the disposal of up to 7,000 cubic yards of dredged material within a three-year period from the United States Coast Guard’s Umpqua River station located within Winchester Bay at either Umpqua North or Umpqua South sites. Your February request and associated documents provide an evaluation of the effects of the disposal of dredged material at the Umpqua North and Umpqua South Ocean Dredged Material Disposal Sites on the marine environment as required by the MPRSA and as specified by 40 C.F.R. § 227.13.

The EPA has conducted an independent evaluation of the proposed disposal, as required by 40 C.F.R.

§ 225.2(c), and finds, pursuant to 40 C.F.R. § 225.2(d), that the proposed disposal will comply with the criteria for the ocean dumping of dredged material. Based on the regulatory criteria, the material proposed for disposal is suitable for ocean dumping and for transportation to, and disposal at, Umpqua North or Umpqua South Ocean Dredged Material Disposal Site. The EPA hereby concurs with the proposed transport and disposal of the dredged material at the Umpqua North and Umpqua South Ocean Dredged Material Disposal Sites as described in your request, subject to the conditions

NWP-2023-223 1 of 4 Attachment 4 outlined in the enclosed document.

The EPA notes that the Environmental Assessment has not yet been made available. Any changes resulting from these processes substantial enough to warrant a revised public notice of NWP-2023- 223 will require the EPA to re-evaluate our concurrence on use of Umpqua North and Umpqua South Ocean Dredged Material Disposal Sites for the disposal of dredged material. Changes to the proposed disposal that EPA determines to be minor and consistent with the current management of the designated Umpqua North and Umpqua South Ocean Dredged Material Disposal Sites will not require a re-evaluation of this site use concurrence by the EPA. The EPA requests that USACE provide Bridgette Lohrman in the EPA Region 10 Water Division, Wetlands and Oceans Section, with a copy of the final permit, and the Environmental Assessment/Statement of Findings, no later than fourteen

(14) calendar days after such documents become available.

If you have any questions concerning this concurrence, please contact Bridgette at (503) 326-4006 or lohrman.bridgette@epa.gov.

Dave Croxton Manager Wetlands and Oceans Section

ENCLOSURE

1. Conditions for proposed disposal of dredged material at the EPA designated Ocean Dredged Material Disposal Sites, Umpqua North and Umpqua South.

cc: Ms. Darla White, USACE - Portland…