APPENDIX B1-Permits.pdf

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NWP-2005-707-3 Page 1 of 9

DEPARTMENT OF THE ARMY PERMIT

Permittee: U.S. Coast Guard, Civil Engineering Unit Oakland 1301 Clay Street, Suite 700N Oakland, CA 94612

Permit No: NWP-2005-707-3

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 25,000 cubic yards (cy) of silt and sand from an approximate 8.0-acre area below the line of mean high water of the Lower Columbia River Estuary to maintain vessel access at USCG Aids to Navigation Facility.

Dredging of up to 25,000 cy will occur in a single dredging event within the time limit for completing the work authorized.

You will conduct dredging within the authorized dredge prism to an elevation of -22 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 conduct work using mechanical or hydraulic dredging methods. Dredging will occur via mechanical clamshell to a barge (scow) or hydraulic suction dredging directly to a scow for transport to the Environmental Protection Agency’s Mouth of the Columbia River (MCR) Deep Water Ocean Dredged Material Disposal Site (ODMDS). An ocean-going tug(s) will transport the scow with up to 25,000 cy of dredged material to the Deep Water ODMDS site for disposal.

You will dispose of up to 25,000 cy of dredged material at the MCR Deep Water ODMDS.

Purpose: To maintain navigational access for USCG vessels at the USCG ANT Facility.

Project Location: Lower Columbia River Estuary, Clatsop County, Astoria, Oregon

Drawings: Four (4) drawings/maps are attached (Attachment 1)

Permit Conditions:

NWP-2005-707-3 Page 2 of 9

General Conditions:

1. The time limit for completing the work authorized ends on _________________. 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 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 g2odgmtn

Text Box

3 years from signed permit

NWP-2005-707-3 Page 3 of 9

States on account of any such removal or alteration.

b. 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.

c. Notification, Coordination, Survey, and Reporting

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-2005-707-3, Clatsop County, Dredging. If you are submitting files larger than 20 MB, contact your county Regulatory Project Manager for instructions.

2) At least 14 days prior to beginning dredging, you must contact the U.S. Army

Corps of Engineers, Portland District, Regulatory Branch Project Manager, by telephone, (503) 808-4380, to schedule a pre-dredge meeting.

3) At least 14 days prior to beginning dredging, you shall submit to the U.S. Army

Corps of Engineers, Portland District, Regulatory Branch, a dredging operations and quality control plan for the authorized dredging and disposal.

This plan must include: the Corps permit number, dredging contractor’s name and contact information, dredging schedule, method and equipment to be used for dredging, disposal, and positioning procedures, water quality monitoring and spill control procedures, debris management procedures, and report submittal schedule. The plan must be acknowledged by the Corps prior to the commencement of dredging.

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) At least 7 days prior to dredging, you, the dredging contractor, Corps representatives, and Oregon Department of Environmental Quality representatives shall attend a pre-dredge meeting to review the Department of the Army permit conditions, dredging operations and quality control plan and the 401 water quality certification.

6) Upon starting the activities authorized by this permit, Permittee shall notify the

U.S. Army Corps of Engineers, Portland District, Regulatory Branch that the work has started. Notification shall be provided by e-mail to cenwp.notify@usace.army.mil and the email subject line shall include: NWP- 2005-707-3, Clatsop County.

NWP-2005-707-3 Page 4 of 9

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 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 dredging and disposal. 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 biological observations. Post-dredge bathymetric surveys required by special condition (c)(7) should also 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-2005-707-3, Clatsop County. If you are submitting files larger than 20 MB, contact your county Regulatory Project Manager for instructions.

d. This Corps permit does not authorize you to take an endangered species in particular those species identified in Attachment 4. 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 U.S. Coast Guard is the lead federal agency for ESA consultation for this project. The enclosed BO prepared by the National Marine Fisheries Service (NMFS), dated July 7, 2023, 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 WCRO- 2023-00470). 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 4), 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.

NWP-2005-707-3 Page 5 of 9

The NMFS is the appropriate authority to determine compliance with the terms and conditions of its BO, and with the ESA.

e. This Corps permit does not authorize you to take an endangered species, in particular the Bull Trout (Salvelinus confluentus) and 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 U.S. Coast Guard is the lead federal agency for ESA consultation for this project. On August 25, 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 #23-I-0064). Failure to implement the project as proposed in Attachment 5, 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.

f. All in-water work shall be performed during the modified in-water work period of August 1, 2024 to October 31, 2024, to minimize impacts to aquatic species.

g. For debris management procedures, dredged material placed in the dump scow or barge shall be filtered through a debris grid with a maximum opening size of 12 inches by 12 inches. Debris shall be properly disposed and not returned to waters of the U.S.

h. If dredging cannot be completed prior to November 2030 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 November 2030.

i. Permittee shall comply with all of the conditions (1 – 8) specified in the U.S.

Environmental Protection Agency’s section 103 Marine Protection, Research, and Sanctuaries Act concurrence dated 27 March 2024 (Attachment 6).

j. Permittee shall adhere to any dredged material disposal plan (dump plan) prepared by the Corps Portland District Civil Works, to be transmitted to the permittee, that specifies where the material shall be dumped with the MCR-14-DWS drop zone.

k. Permittee shall comply with the conditions specified in the Oregon Department of Land Conservation and Development coastal zone management consistency determination dated April 26, 2024 (Attachment 7).

Further Information:

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

NWP-2005-707-3 Page 6 of 9

(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.

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:

NWP-2005-707-3 Page 7 of 9

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-2005-707-3 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)

(PRINTED NAME) (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-2005-707-3 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

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

April 23, 2024

Captain Scott MacCumbee U.S. Coast Guard, Civil Engineering Unit Oakland 1301 Clay Street, Suite 700N Oakland, CA 94612

RE: 2005-707-3; USCG ANT Tongue Point Facility Maintenance Dredging 401 Water Quality Certification

The Department of Environmental Quality (DEQ) has reviewed the U.S. Army Corps of Engineers (USACE) Permit application # 2005-707-3, pursuant to a request for a Clean Water Act Section 401 Water Quality Certification (WQC) received on August 3, 2023. DEQ’s 401 WQC public comment opportunity was circulated with the USACE public notice from September 27, 2023 to October 27, 2023, and DEQ received no water quality comments.

According to the application, U.S. Coast Guard (USCG) (“the Applicant”) proposes to impact waters in order to conduct maintenance dredging at the USCG ANT (Aids to Navigation) Tongue Point Facility. The project is located in the Columbia River, in Astoria, in Clatsop County, Oregon (Section 2, Township 8N, Range 9W).

Project Description: The Applicant proposes to conduct maintenance dredging within an approximate 11-acre dredge prism in the Lower Columbia River Estuary by excavating approximately 30,000 cubic yards and discharging approximately 30,000 cubic yards of fill material. Dredging will occur to the authorized dredging depth of -20 feet mean lower low water (MLLW) plus an additional two feet for advanced maintenance. Slope cuts adjacent to the edge of dredging will not exceed 3H:1V side slopes. Dredged material will be disposed of at either the Mouth of the Columbia (MCR) Shallow Water Ocean Dredged Material Disposal Site (ODMDS) or the MCR Deep Water ODMDS. Maintenance dredging is to be conducted using mechanical clamshell or hydraulic suction dredging.

Status of Affected Waters of the State: The Columbia River between river miles 17 and 18 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 the parameters of temperature, total dissolved gas, and dioxin; and is listed on the Section 303(d) list of impaired water bodies for the parameters of fecal coliform, dissolved oxygen, arsenic, DDE 4,4, methylmercury, and PCBs.

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

DEQ 401 WQC, 2005-707-3, USCG ANT Tongue Point Facility 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 July 14, 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 five 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

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. 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.

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 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 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:

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 background level continues after the second monitoring interval, the activity must stop. If, however, turbidity levels return to background at or after second

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 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 April 19, 2024. According to the PSET memo, the dredge prism sediment is suitable for unconfined aquatic placement and the post-dredge surface is suitable for unconfined aquatic exposure through November 2030. After November 2030, the Applicant must obtain a new sediment characterization memo from the PSET, submit this information to DEQ, and obtain written approval prior to dredging.

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.

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.

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:

a. 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.

b. 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.

c. 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.

d. All stationary power equipment (e.g., generators, cranes, stationary drilling equipment) operated within 150 feet of any waters of the state must be covered by an absorbent mat to prevent leaks, unless other suitable containment is provided to prevent potential spills from entering any waters of the state.

e. 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.

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

g. 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.

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, Theresa Burcsu, Water Quality Manager Northwest Region ec: Michael Neal, USACE James Holm, USACE Kathleen Wells, NOAA Jeff Burright, DLCD Ana Barboza, USCG Erin Hale, USCG

Theresa Burcsu (Apr 23, 2024 15:21 PDT) Theresa Burcsu mailto:haley.teach@deq.oregon.gov https://oregondeq.na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAs5LmbnrrTHUOExHWsSpdcDqn7i74YqcH

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 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

2024-04-23T15:21:12-0700

Agreement certified by Adobe Acrobat Sign

CENWP-NVW-W (Sediment Quality) 19 April 2024

Memorandum for: U.S. Army Corps of Engineers - Portland District, Regulatory Branch (CENWP-ODG, Neal), Regulatory File No. NWP-2005-707-3, U.S. Coast Guard (USCG) Station Aids to Navigation (ANT) Tongue Point maintenance dredging project.

Subject: Portland Sediment Evaluation Team (PSET) Level 2A dredged material suitability determination memorandum (SDM) for maintenance dredging at the USCG ANT Tongue Point station near Astoria, Clatsop County, Oregon. The USCG ANT station is located on the west side of Tongue Point on the Columbia River, near river mile (RM) 17.5.

Introduction: Per the May 2018 Sediment Evaluation Framework for the Pacific Northwest (SEF)1, this SDM documents the consensus of the PSET agencies regarding the suitability of the USCG ANT dredge prism (DP) for unconfined, aquatic placement and suitability of the post-dredge surface (PDS) for unconfined, aquatic exposure. The PSET reviewed the April 2024 “Sediment Characterization Report for Maintenance Dredging at United States Coast Guard ANT Tongue Point, Oregon” (SCR)2, prepared by BB&E, Inc. Sediment chemical testing results are summarized in the SCR; chemical analytical results were compared to the marine benthic toxicity screening levels (SEF SLs) published in the 2018 SEF. The PSET also used Oregon Department of Environmental Quality’s (ODEQ’s) sediment screening level value (SLV) for marine fish to evaluate bioaccumulation of PCBs3.

PSET Suitability Summary:

Dredge Prism (DP) Sediments: ☒Suitable ☐Unsuitable Post-Dredge Surface (PDS): ☒Suitable ☐Unsuitable

SEF Special Conditions:

☒ Data Recency Expiration – Based on a “Low” rank, the data recency at the USCG ANT

Tongue Point facility expires in November 2030.

☒ Debris management (logs, rock, trees, man-made objects, trash) is mandatory for the aquatic disposal of the dredged material, including ocean disposal. Aquatic disposal of debris is prohibited. Debris monitoring and reporting (observations, daily report forms, photographs, debris disposal site, or absence of debris) is required.

☒ Submit post-dredge and disposal report with figures to PSET, ODEQ, and the Regulatory PM approximately 60 days after dredging/disposal each time dredging occurs (dates, 1 U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, Washington Department of Ecology, Washington Department of

Natural Resources, Oregon Department of Environmental Quality, Idaho Department of Environmental Quality, National Marine Fisheries Service, and U.S. Fish and Wildlife Service. 2018. Sediment Evaluation Framework for the Pacific Northwest. Published May 2018, by the U.S. Army Corps of Engineers, Northwestern Division, 183 pp with Appendices.

2 BB&E, Inc. April 2024. Sediment Characterization Report for Maintenance Dredging at United States Coast Guard Station ANT Tongue Point, Oregon. 31 pp with Tables and Appendices.

3 Oregon Department of Environmental Quality. 2007. Guidance for Assessing Bioaccumulative Chemicals of Concern in Sediment. Updated April 3, 2007 by ODEQ Environmental Cleanup Program, 18 pp with Appendices.

locations, volumes, acreages, dredge depths, photographs, debris and biological observations, disposal site, and pre-dredge and post-dredge bathymetric surveys of the dredge area.

*** The PSET requests the Regulatory PM provide electronic copies of the Corps permit (NWP-2005-707-3) and associated 401 water quality certificate for our files ***

Reviewers: The PSET agencies include the Corps, U.S. Environmental Protection Agency – Region 10 (EPA), National Marine Fisheries Service (NMFS), U.S. Fish and Wildlife (USFWS), Washington Department of Ecology (Ecology), and ODEQ. Table 1 lists the PSET’s review timeline for this project. Reviewers included:

☒ James Holm (Corps, Lead) ☒ Bridgette Lohrman (EPA, Co-Lead) ☒ Pete Anderson (ODEQ) ☒ Laura Inouye (Ecology) ☒ Dominic Yballe (Corps) ☒ Tom Hausmann (NMFS) ☒ Jeremy Buck (USFWS)

Table 1. Review Timeline.

Draft Sampling and Analysis Plan (SAP) submitted to PSET June 29, 2023 Draft SAP revisions request by PSET July 21, 2023 Revised SAP submitted to PSET August 18, 2023 Revised SAP revisions requested by PSET September 6, 2023 Final SAP4 received September 28, 2023 SAP approved by PSET5 October 5, 2023 Pre-sampling call October 24, 2023 Sampling date(s) November 1-2, 2023 Draft SCR submitted to PSET March 15, 2024 SCR revisions requested by PSET March 28, 2024 Final SCR submitted to PSET April 7, 2024 SDM submitted to Regulatory PM April 18, 2024 Project management area ranking Low Data recency determination* November 2030 (7 years)

* If site conditions or the proposed project change, or if new information related contaminants of concerns is discovered, additional coordination with PSET is required to re-verify SDM.

Federal Regulatory Authorities:

☒ Section 10, Rivers and Harbors Act ☒ Section 404, Clean Water Act (CWA) ☒ Section 401, CWA ☒ Section 7, Endangered Species Act ☒ Section 305 of the Magnuson-Stevens Act ☒ Fish and Wildlife Coordination Act

4 BB&E, Inc. 2023. Sampling and Analysis Plan for Maintenance Dredging at United States Coast Guard ANT Tongue Point, Oregon. Prepared

September 2023. 53 pp with Tables and Appendices.

5 Portland Sediment Evaluation Team (PSET). 2023. [E-mail correspondence] PSET Review: USCG Astoria ANT SAP Approval NWP-2005-

707-3. E-mail sent by J. Holm (PSET Lead, Corps) October 5, 2023. 3 pp + attachment.

☒ Section 103, Marine Protection, Research and Sanctuaries Act ☐ Comprehensive Environmental Response, Compensation, and Liability Act

Project Description: Table 2 summarizes the dredging project for the USCG ANT Tongue Point. Maintenance dredging is needed to provide reliable navigation access.

Table 2. Project Details.

Project location (latitude, longitude) 46.207698° N, -123.769695° W Waterbody/river mile Columbia River / RM 17.5 Total proposed dredging volume (cy) ~60,000 (~30,000 initially) Max. proposed dredging depth inc. overdredge (MLLW) -22 (-20+2) Dredge area (acres) 12.1 (8.0 initially) Dredging method(s) Clamshell or hydraulic Dredged material transport Tug and barge or hydraulic

Proposed disposal location(s) ODMDS (Mouth of the Columbia River Shallow Water Site or Deep Water Site)

Proposed dredging date(s) August 1 through October 31 Dredged material mgmt. units (DMMUs) / stations 1 DMMU / 4

Site History: See SAP Sections 3. Based on past and current site uses, sampling data, and nearby PSET reviews in the Tongue Point vicinity, BB&E proposed a “Low-Moderate” rank for the USCG ANT Tongue Point dredging project.

Sampling and Analysis Description: The sampling and analytical program for the USCG ANT Tongue Point facility is summarized in Table 3 per the 2018 SEF. Actual sample station locations are shown in the SCR Table 1 and Figure 4 (SDM Figure 1).

Equal volumes from the four stations were mixed to form one DP composite sample and one PDS composite sample in the DMMU.