Attachment_4_USACE_Permit.pdf

DEPARTMENT OF THE ARMY PERMIT

REGIONAL GENERAL PERMIT

FOR

U.S. Forest Service and Bureau of Land Management

Aquatic Habitat Restoration Within the State of Oregon (RGP-4)

Permit No.: NWP-2007-999/4

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

Expiration Date: Two (2) years from the date signed

Issuing Office: U.S. Army Corps of Engineers, Portland District, Regulatory Branch (Corps)

This regional general permit (RGP-4) authorizes the U.S. Forest Service (USFS) and Bureau of Land Management (BLM) to place fill material and certain structures in waters of the United States within the state of Oregon (subject to the terms and conditions contained herein) for the purpose of aquatic habitat restoration in support of USFS and BLM conservation strategies. This general permit is issued upon the recommendation of the Chief of Engineers as provided by 33 CFR 325.2(e)(2), pursuant to Section 404 of the Clean Water Act (P.L. 95-217) and Section 10 of the Rivers and Harbors Act of 1899.

RGP-4 includes activities that may be considered exempt from regulation under Section 404 of the Clean Water Act or otherwise not within the jurisdiction of the Corps. RGP-4 does not identify, and its terms and conditions do not apply to, such activities. The intent of this RGP is to define a scope of work or activities that are minimal in nature and which can be conducted without the need for an extensive project-specific review.

USFS or BLM should contact the Corps if there are questions about whether a specific activity is exempt from regulation or is outside of Corps jurisdiction. USFS and BLM should also contact the Corps if questions arise regarding compliance with any of the terms and conditions of this RGP.

PROJECT LOCATION:

Projects will occur on USFS or BLM administered lands within the state of Oregon (see Location Map, Appendix 1). Projects may also occur on non-federal lands when such projects directly assist USFS and/or BLM in achieving their aquatic restoration goals and are funded (either directly or in-kind) in part by the USFS and/or BLM. USFS and BLM are permitted to fund such projects under Wyden Amendment authority (16 U.S.C.

Enclosure 1

General Permit for USFS and BLM Aquatic Habitat Restoration Permit No. NWP-2007-999/4

1011(a), as amended by Section 136 of PL 105-277).

Wyden Amendment projects may be conducted by a third-party with oversight by USFS and/or BLM. In such cases the third-party is subject to and must comply with all terms and conditions of this RGP. This RGP does not cover activities conducted by a third-party as part of a larger project, where USFS and/or BLM is a partner, and which would otherwise fit the RGP criteria, but are not directly reviewed, funded, and overseen by USFS or BLM. Those actions require separate authorization.

PURPOSE OF RGP:

To conduct habitat restoration projects implemented, funded, or overseen by USFS and/or BLM within the state of Oregon.

ACTIVITIES AUTHORIZED BY RGP:

USFS and BLM are authorized to implement the following 11 aquatic restoration categories under RGP-4.

1. Fish Passage Restoration

a. Stream Simulation Culvert and Bridge Projects

b. Headcut and Grade Stabilization

2. Large Wood, Boulder, and Gravel Placement

a. Large Wood and Boulder Projects

b. Porous Boulder Weirs and Veins

c. Gravel Augmentation

3. Legacy Structure Removal

4. Off- and Side-Channel Habitat Restoration

5. Streambank Restoration

6. Set-back or Removal of Existing Berms, Dikes, and Levees

7. Reduction/Relocation of Recreation Impacts

8. Livestock Fencing, Stream Crossings, and Off-channel Livestock Watering

9. Road and Trail Erosion Control and Decommissioning

10. Juniper Removal

11. Riparian Vegetative Planting

The details of the General Aquatic Conservation Measures, Project Description, Design Criteria, and Removal and Fill thresholds for each of the 11 categories of activities included within RGP-4 are found in Appendix 2. (Appendices identified within the body of Appendix 2 are part of the final application package and are not attachments to RGP- 4).

NOTIFICATION REQUIREMENTS:

1. Pre-Construction Notification. For each individual project proposed to be implemented under RGP-4, the USFS/BLM shall notify the Corps 60 days prior to the proposed start date. Under certain circumstances approved by the Corps, such as receiving unanticipated funding for an aquatic restoration project near or during a field season, the Pre-Construction Notification may be sent closer to the proposed start date.

In these cases, notification should be provided at least 20 days from the proposed start date unless otherwise coordinated with the Corps. The BLM and USFS must ensure all other compliance steps have been met prior to sending the notification. The RGP-4 activity may not begin until the Corps verifies that the activity may proceed under RGP- 4.

Notification shall include, at a minimum, the following information:

a. Action Identifier: The same unique identification number is necessary for each project's Action Notification and Project Completion report.

b. Project Name: Use the same project name from notification to completion (i.e. Jones Creek, Tillamook Co., OR, culvert replacement).

c. Location: 6th field Hydrologic Unit Code (HUC), stream name, and latitude/longitude (in DD.DODD format). For linear projects, provide lat/lon coordinates for start and end points. If multiple locations occur in a 6th field watershed, enter latitude/longitude coordinates for each location.

d. Agency Contact Information: Agency and project lead name, address, telephone number and email address.

e. Timing: Estimated project start and end dates.

f. Activity Type: Activity categories that apply.

g. Project Description: Brief narrative of the project and objectives.

h. Extent: Number of stream miles or acres to be treated.

i. Removal and Fill Volumes: Provide estimate of the project's removal/fill volumes (e.g., number of logs and volumes of rocks, boulders, and other restoration materials).

j. Wyden Amendment Project: Is the project to be implemented under the Wyden Amendment? If so, attach Wyden Form (Appendix 3) to the Project Notification report. Reference the Action Identifier on the Wyden Form.

k. Tribal Coordination: Provide copies of tribal coordination, which includes the project notification, any responses received from that notification, and any other comments/coordination that occur as a result of that action.

l. Section 106 NHPA compliance: Provide all documentation showing Section 106 compliance.

m. Species Affected: Listed fish and wildlife species, critical habitat, and or Essential Fish Habitat (EFH), or non-listed fish species affected by the project.

2. Project Completion Report. No later than November 15 of each year, individual BLM and USFS administrative units shall provide to the Corps a project completion report summarizing all projects implemented during the previous field season for that unit. The report shall include the same elements used for pre-construction notification with additional completion information.

a. Action Identifier: Same as in pre-construction notification.

b. Project Name: Same as in pre-construction notification.

c. Location: 6th field Hydrologic Unit Code (HUC), stream name, and latitude/longitude (in DD.DDDD format). For linear projects, provide latitude/longitude coordinates for start and end points. If multiple locations occur in a 6th field watershed, enter lat/lon coordinates for each location.

d. Agency Contact: Agency and project lead name, address, telephone number and email address.

e. Timing: Actual project start and end dates.

f. Activity Type: Activity categories that apply.

g. Project Description: Brief narrative of the completed project and objectives.

h. Extent: Number of stream miles or acres treated. (Under Project Description, report any changes in length or acres that exceed 10 percent of the notification estimate. Such changes must not exceed the upper threshold limits for the specific activity category).

i. Removal and Fill Volumes: Provide actual removal/fill volumes (e.g. number of logs and volumes of rocks, boulders, and other restoration materials). (Under Project Description, report changes in volumes that exceed 10 percent of notification estimate. Such changes must not exceed the upper threshold limits for the specific activity category)

j. Wyden Amendment Projects: If the project was implemented under the Wyden Amendment, were all the permit conditions met? If not, explain.

k. Tribal Coordination: Same information as pre-construction notification.

l. Section 106 NHPA Compliance: See pre-construction notification. For all actions, documents should have been provided with Pre-Construction Notification

(PCN).

m. Species Affected: Listed fish and wildlife species, critical habitat, and or EFH, or non- listed fish species affected by the project.

n. Post-project Assessment: Effects not considered and remedial actions taken, including any dates work ceased due to high flows.

o. In-water Work Window Extension: Was the project approved to be implemented outside of the Oregon Department of Fish and Wildlife (ODFW)-recommended in-water work window? If yes, provide ODFW and National Marine Fisheries Service (NMFS)/U.S. Fish & Wildlife Service (USFWS) contact names.

ANNUAL REVIEW:

1. ANNUAL PROGRAM REPORT: By February 15 of each year, the BLM and USFS shall provide an annual program report to the Corps describing projects implemented under RGP-4 during the previous construction season. The report shall include the following information:

a. An assessment of overall program activity.

b. A map showing the location and type of each action carried out under RGP-4.

c. A list of any actions which BLM and USFS funded or carried out using RGP-4.

d. Data or analyses that the BLM and USFS deemed necessary or helpful to assess habitat trends as a result of actions carried out under RGP-4.

e. Additional data that may be necessary for tracking permit actions and determining compliance.

2. ANNUAL COORDINATION MEETING: No later than April 30 of each year, the BLM and USFS shall initiate and implement an annual coordination meeting with the Corps to discuss the annual program report and any actions that will improve conservation under RGP-4 or make the program more efficient and/or accountable. Representatives from the Oregon Department of State Lands (DSL) and ODFW will also be invited to attend this meeting.

3. ANNUAL TRAINING: No later than April 1 of each year, the BLM and USFS shall conduct annual training for their field staff responsible for implementing or reporting aquatic restoration projects under RGP-4. This training will include all essential permit elements to ensure project compliance. Representatives from the Corps, DSL, ODFW, NMFS, and USFWS will be invited to participate.

GENERAL CONDITIONS:

1. MAINTENANCE. The USFS and BLM must maintain individual projects authorized by this RGP in good condition, including maintenance to ensure public safety and conformance with the terms and conditions of this RGP. USFS and/or BLM are not relieved of this requirement if they abandon the individual projects, although USFS and/or BLM may make a good faith transfer to a third party in compliance with Condition 2 below. Should USFS and/or BLM wish to cease to maintain individual projects or should USFS and/or BLM desire to abandon them without a good faith transfer, USFS and/or BLM must obtain a modification of the individual authorization from the Corps, which may require restoration of the area.

2. PROPERTY TRANSFER. If USFS and/or BLM sells properties associated with this RGP, USFS and/or BLM must transfer the individual authorization(s) to the new owner(s) and forward evidence (i.e. written documentation of new owner accepting transferred authorization) to the Corps to validate the transfer of the authorization(s).

3. GENERAL CONSERVATION MEASURES, DESIGN CRITERIA. Unless otherwise specified by the terms and conditions of RGP-4, the USFS and BLM shall ensure individual projects implemented under this RGP meet the requirements of the Program Administration elements; General Aquatic Conservation Measures; and Activity Category Project Descriptions, Design Criteria, and Removal and Fill Limits specified in Appendix 2.

4. WATER QUALITY CERTIFICATION. USFS and BLM must comply with the conditions specified in the 401 Water Quality Certification issued by the Oregon Department of Environmental Quality on July 24, 2020 (Appendix 4).

5. COASTAL ZONE CONSISTENCY. USFS and BLM must comply with the conditions of the concurrence letter (dated June 9, 2009) issued by the Oregon Department of Land Conservation and Development (DLCD) ensure RGP-4 is consistent with the Oregon Coastal Management Program. In a letter dated May 5, 2020, the DLCD determined that the work proposed for the two-year reissuance of RGP-4 remains consistent with their June 9, 2009 determination, which will remain in effect because no changes were proposed (Appendix 5).

6. ENDANGERED SPECIES ACT & MAGNUSON-STEVENS ACT COMPLIANCE.

The USFS and BLM shall comply with the terms and conditions of the biological opinions listed below:

a. NOAA BO: Endangered Species Act Section 7 Formal Programmatic Conference and Biological Opinion and Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation for Aquatic Restoration Activities in the States of Oregon and Washington (ARBO II), NMFS Nos. NWP- 2013-9664 Issued April 25, 2013.

b. USFWS BO: Endangered Species Act - Section 7 Consultation and Programmatic Biological Opinion for Aquatic Restoration Activities in the States of Oregon, Washington, and portions of California, Idaho and Nevada (ARBO II) FWS reference: 01EOFW00-2013-F- 0090) Issued July 1, 2013.

7. WYDEN AMENDMENT PROJECTS. USFS and BLM shall ensure projects covered under the authority of the Wyden Amendment undergo the same process and compliance as projects occurring on USFS and/or BLM lands.

8. CULTURAL RESOURCES AND HISTORIC PROPERTIES.

a. The USFS and BLM are the lead Federal agencies for complying with federal cultural resources and historic preservation laws and regulations, including the National

Historic Preservation Act (NHPA). USFS and BLM will individually review projects to determine if activities may be located on property registered or eligible for registration in the latest published version of the National Register of Historic Places (NRHP). No individual project shall proceed under the RGP until requirements under federal cultural resources and historic preservation laws and regulations are met.

b. The USFS and BLM shall take all required actions (including notifying the appropriate tribes) should human burials, cultural resources, or historic properties be discovered during project construction.

9. TRIBAL RIGHTS. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights.

10. WILD AND SCENIC RIVERS. No activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status.

11. NAVIGATION.

a. No activity may cause more than a minimal adverse effect on navigation.

b. The permittee understands and agrees that if future operations by the United

States require the removal, relocation, or other alteration of the structure of work herein authorized, or if in the opinion of the Secretary of the Army or their 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 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.

12. COMPLIANCE INSPECTIONS. Compliance inspections may be conducted to ensure that work performed under this general permit is in compliance with its terms and conditions. The District Engineer or their authorized representative will request permission from the property owner for access to the work site. A request for access will be specific as to the date and time of access, and opportunity will be provided for the property owner or his representative to be onsite during the inspection.

13. DISCRETIONARY AUTHORITY. The District Engineer reserves the right to assert discretionary authority on a case-by-case basis when it is determined that individual projects may result in more than minimal impacts, individually or cumulatively, or are otherwise not in the public interest.

14. ACTIVITIES AFFECTING STRUCTURES OR WORKS BUILT BY THE UNITED

STATES. A project may require permission from the Corps pursuant to Section 408 because it may alter or temporarily or permanently occupy or use a Corps federally authorized Civil Works project. An alteration is defined as any action that builds upon, alters, improves, moves, occupies or otherwise affects the usefulness, or the structural or ecological integrity of a Corps federally authorized project. An activity that requires section 408 permission is not authorized by RGP-4 until the Corps issues the section 408 permission to alter, occupy, or use the Corps’ project and the Corps issues a written RGP-4 verification. If you suspect a project may require section 408 permission, you may contact the section 408 team directly at section408nwp@usace.army.mil.

LIMITS OF THIS AUTHORIZATION:

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

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

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

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

LIMITS OF FEDERAL LIABILTY:

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 any 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.

REEVALUATION OF PERMIT DECISION:

This general permit will be reviewed annually to determine whether the projects authorized by this general permit result in no more than minimal effects, both individually and cumulatively, and to ensure that the terms and conditions of this permit are being observed. The District Engineer will invite other interested federal and state agencies and representatives of Native American Tribes to participate in this review. If this review concludes that changes in permit terms or conditions are warranted, modification of the permit will be proposed as provided in 33 CFR 325.7, including public notice and opportunity for comment.

The District Engineer may reevaluate this general permit at any time, and, if appropriate, suspend, modify, or revoke this permit as provided 33 CPR 325.7. The District Engineer may also suspend, modify, or revoke authorization under this general permit for any specific geographic area, class of activities, or class of waters within the state of Oregon. Circumstances that could require a reevaluation include, but are not limited to, the following:

a. USFS and/or BLM (or third-party for Wyden Amendment projects) fails to comply with the terms and conditions of this RGP.

b. The information provided by USFS and/or BLM in support of the RGP application proves to have been false, incomplete, or inaccurate.

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

Such 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 326.5. These procedures also apply to a third party.

EXPIRATION, MODIFICATION OR REVOCATION OF THIS PERMIT:

Activities authorized under this general permit that are under construction or under contract for construction in reliance upon this authorization will remain authorized provide the activity is completed within 12 months of the date of this general permit's expiration, modification, or revocation, unless the District Engineer has exercised his discretionary authority to modify, suspend, or revoke the authorization of a specific project in accordance with Corps regulations.

BY AUTHORITY OF THE SECRETARY OF THE ARMY:

Michael D. Helton (Date) Colonel, Corps of Engineers District Commander

Digitally signed by

HELTON.MICHAEL.DON.1131216

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DEPARTMENT OF THE ARMY REGIONAL GENERAL PERMIT

for U.S. Forest Service and Bureau of Land Management Aquatic Habitat Restoration Within the State of Oregon (RGP-4)

Appendix 1

DEPARTMENT OF THE ARMY REGIONAL GENERAL PERMIT

for U.S. Forest Service and Bureau of Land Management Aquatic Habitat Restoration Within the State of Oregon (RGP-4) Appendix 2

RGP-4 Appendix 2– Activity Categories, Program Administration, Conservation Measures, Project Design Criteria and Removal and Fill Thresholds that will guide work conducted under a renewed Army Corps of Engineers (Corps) Regional General Permit 4 and Oregon Department of State Lands (ODSL) GP-42104-RF, hereinafter referred to as the “PERMIT.”

A. Aquatic Restoration Activity Categories The BLM and USFS propose to implement the following 11 aquatic restoration categories under the proposed PERMIT.

1. Fish Passage Restoration

a. Stream Simulation Culvert and Bridge Project

b. Headcut and Grade Stabilization

2. Large Wood, Boulder, and Gravel Placement

a. Large Wood and Boulder Projects

b. Porous Boulder Weirs and Veins

c. Gravel Augmentation

3. Legacy Structure Removal

4. Off- and Side-Channel Habitat Restoration

5. Streambank Restoration

6. Set-back or Removal of Existing Berms, Dikes, and Levees

7. Reduction/Relocation of Recreation Impacts

8. Livestock Fencing, Stream Crossings, and Off-Channel Livestock Watering

9. Road and Trail Erosion Control and Decommissioning

10. Juniper Removal

11. Riparian Vegetative Planting

B. Program Administration The framework under which the 11 aquatic restoration categories are to be implemented is constrained by location, the number of allowable projects, reporting of such projects, and program level meetings between the BLM, USFS, Corps, and ODSL.

1. Location of Projects – The aquatic restoration projects to be implemented under a PERMIT will occur in the state of Oregon where BLM and USFS administered lands occur.

2. Wyden Amendment Projects – The BLM and USFS propose that aquatic restoration projects occur on non-federal lands when such projects directly assist the BLM and/or USFS in achieving their aquatic restoration goals and are funded in part by the BLM and USFS. The BLM and USFS are permitted to fund such projects under Wyden Amendment authority (16 U.S.C. 1011(a), as amended by Section 136 of PL 105-277).

When such projects occur, the BLM and USFS will implement the following process:

a. County Signatures – The sub-applicant (non-federal landowners) shall complete a

Wyden form that will include a section for county signatures. Refer to Appendix 3.

The completed form will be kept in the BLM and/or USFS project file. The project notification (section B. 10.) will identify a project as a “Wyden Project” and include the completed form.

b. Compliance with PERMIT – The BLM and USFS will ensure that projects covered under the Wyden Authority on non-federal land undergo the same process and compliance as projects occurring on BLM and/or USFS administered lands. This includes compliance with the Federal Endangered Species Act (ESA) and Clean Water Act (CWA), cultural resources requirements, and all other requirements included in this application and subsequent PERMIT.

c. The project notification form (described in B. 10.) will be accompanied by a completed Wyden form found in Appendix 3.

3. Number of Projects – Within the state of Oregon, the BLM and USFS propose to conduct no more than 170 projects each year.

4. Integration of Project Design Criteria (PDC) and Conservation Measures (CM) into Project Design and Contract Language –Appropriate aquatic and terrestrial CMs along with PDCs listed in the PERMIT shall be incorporated into contract language or force-account implementation plans.

5. Coordination with Oregon Department of Fish & Wildlife (ODFW)

a. ODFW District Offices

i. Project Notification – The individual BLM and USFS administrative units shall send the relevant local ODFW office a project notification form 60 days prior to project implementation and a project completion form no later than November 15 of each year. The 60-day notification will provide ODFW a chance to review projects and request involvement, if desired, during implementation.

ii. Resolution of conflict with ODFW – When the ODFW receives the 60-day pre-project notification (described in B. 10. below) and they have concerns that the project does not fit the PERMIT as designed, they may contact the ODSL coordinator. The ODSL may determine based on this feedback that the project is not covered by the PERMIT, will contact the Corps, and may require authorization through a General Authorization or Individual Permit.

iii. Annual Coordination –It is recommended that local field offices (ODFW, BLM, and USFS) coordinate annually on proposed projects, as well as implemented restoration projects within the watersheds.

b. State Office Fish Passage Program – Coordinate with ODFW State Fish Program staff for all projects that involve fish passage restoration.

6. State Owned Lands: If a project area includes work in tidally influenced water, a state navigable river, or a meandered lake greater than eight (8) acres, BLM and/or USFS may also need a state proprietary authorization. If any of the preceding is true, please contact the applicable state Land Manager from the Department of State lands for further information.

7. Oregon State Marine Board (OSMB):

a. Project Notification – Individual BLM and USFS administrative units shall send the OSMB office a project notification form 60 days prior to project implementation and a project completion form no later than November 15 of each year. The 60-day notification will provide OSMB a chance to review projects (especially the ones listed below) to determine if such projects will obstruct navigation on the waters of the state. Appendix III lists waters of the State the OSMB regulates for boating.

i. Fish Passage Restoration

ii. Large Wood, Boulder, and Gravel Placement

iii. Legacy Structure Removal (when structures are replaced in the channel)

iv. Off- and Side-Channel Habitat Restoration (when main channel structures are required)

v. Streambank Restoration(when stabilization material, such as large wood, extends into the channel)

vi. Reduction/Relocation of Recreation Impacts (when projects restrict existing boat access)

vii. Livestock Fencing, Stream Crossings, and Off-Channel Livestock Watering

(when fences are constructed across the channel)

viii. Juniper Tree Removal (when projects result in felled juniper placed in stream channel)

b. Resolution of conflict with OSMB – When OSMB receives the 60-day pre-project notification (described below) and they have concerns that the project may result in obstructions injuring free navigation on the waters of this state, they may contact the project contact listed on the “Project Notification.” If the OSMB cannot resolve an issue with the project contact, the OSMB shall contact the ODSL coordinator.

The ODSL may determine based on this feedback that the project is not covered by the PERMIT, will contact the Corps, and may require authorization through a General Authorization or Individual Permit.

8. Tribal Coordination and Compliance with the Section 106 of National Historic

Preservation Act:

a. Document that the appropriate Tribes have evaluated the proposed project and determined it will not impact such things as cultural resources, treaty fishing access sites, usual and accustomed areas, burial sites, or Traditional Cultural Properties.

Document date of contact, issues, and issue resolution.

b. Document that archeological reviews have been completed via coordination with the State Historic Preservation Office (SHPO).

9. Wild and Scenic Rivers – When work is conducted in or along a state or federal wild and scenic river, the following pre-implementation processes will be conducted.

a. State Wild and Scenic Rivers – The BLM and USFS will contact the Oregon

Department of Parks and Recreation to ensure that all projects within Oregon’s wild and scenic rivers are in accordance with state statutes.

b. Federal Wild and Scenic Rivers – Aquatic restoration projects will be in accordance with the federal Wild and Scenic Rivers Act by protecting and enhancing the free-flow condition, water quality, and “Outstandingly Remarkable Values.” The BLM and USFS will use locally established protocols to make such determinations.

10. Project Notification – Under a PERMIT, individual BLM and USFS administrative units will notify the Corps, ODSL, ODFW, and OSMB of each project at least 60 days prior to implementation through a pre-project notification form. The notification is not a request for approval but to inform the Corps, ODSL, ODFW, and OSMB as to what projects will be implemented under the PERMIT and to provide an opportunity for such agencies to submit essential information to the BLM and USFS that may not have been available during project planning. However, the RGP-4 activity may not begin until the Corps verifies that the activity may proceed under RPG-4. The notification will include the following information:

a. Action identifier – The same unique identification number is necessary for each project’s Notification and Project Completion report.

b. Project Name – Use the same project name from notification to completion (i.e., Jones Creek, Tillamook Co. OR, culvert replacement).

c. Location – 6th field HUC, stream name, and latitude and longitude (in DD.DDDD format). For linear projects, provide latitude and longitude coordinates for start and end points. If multiple locations occur in a 6th field watershed, enter latitude and longitude coordinates for each location.

d. Agency and Name – Agency name and contact information (name, phone, email).

e. Timing – Project start and end dates

f. Activity Type – As listed in Section A. above.

g. Project Description – Brief narrative of the project and objectives.

h. Extent – Number of stream miles or acres to be treated.

i. Removal and Fill Volumes – Provide estimate of project’s removal/fill volumes (e.g.

number of logs and volumes of rocks, boulders, and other restoration materials).

For multiple locations in a 6th watershed, provide volumes for each location.

j. ODFW Scientific Take Permit – For projects that require fish capture/collection, project contact must verify that a permit has been or will be acquired prior to project implementation.

k. Wyden Amendment Project – Is the project to be implemented under the Wyden Amendment? If so, attach Wyden Form to the Project Notification report.

l. Are wetlands present? If yes, describe wetland type.

m. Tribal Coordination – Document and provide copies of tribal coordination, date initiated, issues, and issue resolution.

n. Section 106 NHPA Compliance – Provide documentation showing Section 106 compliance.

o. Species Affected – Listed Fish and or Wildlife species, Critical Habitat, and or EFH, or non-listed fish species affected by project

p. Date of Submittal

q. For any action requiring a site assessment for contaminants, include a copy of the report explaining the likelihood that contaminants are present at the site.

r. Verification – Check box that verifies that all appropriate General Aquatic

Conservation Measures, Wildlife Conservation Measures, Project Design Criteria for Aquatic Restoration Activity Categories, and Project Design Criteria for Terrestrial Species and Habitats have been thoroughly reviewed and will be incorporated into project design, implementation, and monitoring.

s. Section 408 – Statement that Section 408 review has occurred. All projects must be screened for potential impacts to federally authorized Corps projects under Section 408. Guidance can be found at https://www.nwp.usace.army.mil/408/ https://www.nwp.usace.army.mil/408/

11. Project Completion Report – On an annual basis, individual BLM and USFS administrative units will provide the Corps, ODSL, ODFW, and OSMB a project completion report, which summarizes all projects implemented during a field season, no later than November 15. A report will include the information elements used for project notification along with additional completion information.

a. Action identifier – (same number as in notification)

b. Project Name – (same name as in notification)

c. Location – 6th field HUC, stream name, latitude and longitude (in DD.DDDD format). For linear projects, provide latitude and longitude coordinates for start and end points. If multiple locations occur in a 6th field watershed, enter latitude and longitude coordinates for each location.

d. Agency and Contact – Agency name and contact information (name, phone, email).

e. Timing – Actual project start and end dates

f. Activity Type – As listed in Section A. above.

g. Project Description – Brief narrative of the completed project and objectives.

h. Extent – Number of stream miles or acres treated. Under Project Description, report any change in project length or acres if such changes exceed 10 percent of the notification estimate.

i. Removal and Fill Volumes – Provide project’s actual removal/fill volumes (e.g.

number of logs and volumes of rocks, boulders, and other restoration materials).

Under Project Description, report any change in removal and fill volumes and number of logs used if such changes exceed 10 percent of the notification estimate.

j. ODFW Scientific Take Permit – For projects that require fish capture/collection, project contact must verify that a permit was acquired prior to project implementation.

k. Wyden Amendment Project – If the project was implemented under the Wyden Amendment, were all ARBO II and PERMIT conditions met? If not, explain.

l. Are wetlands present? If yes, describe any temporary or permanent impacts and acres impacted.

m. Tribal Coordination – Document tribal coordination, date initiated, issues, and issue resolution.

n. Section 106 NHPA Compliance – Document that archeological reviews have been completed.

o. Species Affected – Fish and or Wildlife species affected by the project, Critical Habitat and or EFH

p. Number of Northern Spotted Owl, or Marbled Murrelet nests disrupted and disturbed during critical nesting period

q. Fish Pursuit and Capture – If fish are pursued and/or captured during salvage operations, the project biologist will describe removal methods, stream conditions, and the number of fish handled, injured, or killed. More detailed information will be required for excessive mortality. This report will likely be limited to fish passage projects.

r. State-Specific 401 Certification monitoring results. If protocol conditions were not met, describe effects and any remedial actions.

s. Post Project Assessment – Effects not considered and remedial actions taken, including any dates work ceased due to high flows

t. In-water work extension – Was the project implemented (and authorized) outside the In-water Work Period? If yes, provide ODFW and NMFS/USFWS contact names.

u. Date of Submittal

12. Annual Program Report – The BLM Oregon State Office and USFS Region 6 Office will provide an annual program report to Corps, ODSL, and ODFW by February 15 of each year that describes BLM and USFS projects implemented under the PERMIT.

The report will include the following information:

a. An assessment of overall program activity

b. A map showing the location and type of each action carried out under the PERMIT

c. A list of any actions which BLM and USFS funded or carried out using the PERMIT.

d. Additional data or analyses that may be necessary or helpful to assess habitat trends as a result of actions carried out under the PERMIT.

e. Additional data that may be necessary for tracking permit actions and determining compliance.

13. Annual Coordination Meeting – The BLM and USFS shall initiate and implement an annual coordination meeting with staff from the Corps, ODSL, and ODFW state offices each year to review and discuss implementation and other issues associated with a PERMIT. The annual meeting shall be conducted no later April 30 each year, unless otherwise agreed upon by the Corps, ODSL, ODFW, BLM, and USFS.

14. BLM and USFS Training

a. Annual Training – The Oregon State BLM Office and USFS Region Six Office will conduct annul training sessions for BLM and USFS field staff that plan to implement or report aquatic restoration projects under the PERMIT. Training content will include all essential PERMIT elements to ensure project compliance.

The training will be offered prior to April of each year and is mandatory for BLM and USFS staff that plan to implement or report a project during the approaching field season. Staff from the NMFS, USFWS, Corps, ODSL, and ODFW will be invited to participate in annual trainings.

b. Field Unit Training - BLM or USFS unit-specific training will be provided to staff associated with non-compliance of the PERMIT.

C. General Aquatic Conservation Measures

General Aquatic Conservation Measures (ACM) are intended to minimize effects to the aquatic environment, and the following apply when relevant to all 11 aquatic restoration categories.

1. Technical Skill and Planning Requirements

a. Ensure that an experienced fisheries biologist or hydrologist is involved in the design of all projects covered by a PERMIT. The experience should be commensurate with technical requirements of a project.

b. Planning and design includes field evaluations and site-specific surveys, which may include reference reach evaluations that describe the appropriate geomorphic context in which to implement the project. Planning and design involves appropriate expertise from staff or experienced technicians (e.g., fisheries biologist, hydrologist, geomorphologist, wildlife biologist, botanist, engineer, silviculturist, fire/fuels specialists.)

c. The project fisheries biologist/hydrologist will ensure that project design criteria are incorporated into implementation contracts. If a biologist or hydrologist is not the Contracting Officers Representative (COR), then the biologist or hydrologist mustregularly coordinate with the project COR to ensure the project design criteria and conservation measures are being followed:

2. Wetland Identification and Impact Analysis:

a. All information within this section shall be incorporated into the annual training outlined in B. 14. A.

b. Conduct an inspection for all projects to identify wetland areas. Wetlands are defined and identified through criteria set forth in the Corps 1987 Wetland Delineation Manual and regional supplements.

http://www.nwp.usace.army.mil/Missions/Regulatory/Jurisdiction.aspx

c. If wetlands exist in the project site, use the following practices in preferential order:

i. Flag wetland boundaries or potential wetlands and avoid construction activities or operating machinery in such areas.

ii. If wetlands cannot be avoided for equipment access, access through wetlands shall occur only when the wetlands are dry or over removable mats or pads to prevent compaction or rutting. Any compaction, rutting, or other disturbance shall be restored to pre-existing conditions following construction.

iii. Wetland projects that are approved under this PERMIT include the following:

a) An aquatic restoration project that converts wetlands to other waters of the state to improve or restore fish habitat lost by past land use activities. This practice applies only to Off- and Side-Channel Habitat Restoration projects, where disconnected side channels and alcoves contain wetland features that will be converted (upon project completion) to a flowing water regime.

b) As part of Large Wood Placement projects, large wood may be placed in wetlands, which are located in floodplains, as long as wetland values and functions are not diminished.

c) Removal of anthropogenic fill in floodplain/wetland areas under the following aquatic restoration categories: Set-back or Removal of Existing Berms, Dikes, and Levees; Reduction/Relocation of Recreation Impacts.

iv. If project removal or fill actions cannot meet these criteria, the project is not eligible under the PERMIT.

3. Climate Change – Consider climate change information, such as predictive hydrographs for a given watershed or region, when designing PERMIT projects.

4. Lamprey – To the extent possible, incorporate lamprey BMPs found in Best Management Practices to Minimize Adverse Effects to Pacific Lamprey, Entosphenus tridentatus (USFWS 2010), and other native lamprey species.

5. In-water Work Period – Follow the appropriate ODFW (2008) guidelines for timing of in-water work:

(http://www.dfw.state.or.us/lands/inwater/Oregon_Guidelines_for_Timing_of_%20InW

Enclosure 1 http://www.nwp.usace.army.mil/Missions/Regulatory/Jurisdiction.aspx http://www.dfw.state.or.us/lands/inwater/Oregon_Guidelines_for_Timing_of_%20InWater_work2008.pdf ater_work2008.pdf)

If work occurs in occupied Oregon chub habitat, in-water work will not occur between June 1 and August 15. The BLM and USFS will request exceptions to in-water work windows through ODFW and Level I NMFS and/or USFWS representatives when ESA-listed species or critical habitat occur in the project area. Keep correspondence records (such as emails) in project files.

6. Fish Passage

a. Projects Implemented under the Fish Passage Restoration category – Fish passage will be provided for any adult or juvenile fish likely to be present in the action area during construction, unless stream isolation and dewatering is required during project implementation or where the stream reach is naturally impassible at the time of construction. After construction, adult and juvenile passage that meets NMFS’s fish passage criteria (NMFS 2011) will be provided for the life of the action.

Further, all projects should meet ODFW fish passage criteria as defined in OAR 635-412-0035.

b. Remaining restoration activity categories – All projects will maintain existing fish passage in areas currently or historically occupied by native fish.

7. Wildlife Capture – Authorization from the Oregon Department of Fish and Wildlife is necessary for the capture or possession of non-game wildlife protected species as described in OAR 635-044-0130.

8. Site Assessment for Contaminants – In developed or previously developed sites, such as areas with past dredge mines, or sites with known or suspected contamination, a site assessment for contaminants will be conducted on projects that involve excavation of > 20 cubic yards of material. The action agencies will complete a site assessment to identify the type, quantity, and extent of any potential contamination. The level of detail and resources committed to such an assessment will be commensurate with the level and type of past or current development at the site. The assessment may include the following:

a. Review of readily available records, such as former site use, building plans, and records of any prior contamination events.

b. Site visit to observe the areas used for various industrial processes and the condition of the property.

c. Interviews with knowledgeable people, such as site owners, operators, occupants, neighbors, local government officials, etc.

d. Report that includes an assessment of the likelihood that contaminants are present at the site.

9. Pollution and Erosion Control Measures (PCEM) – When heavy machinery will be used to complete a project, implement the following PCEMs:

a. Project Contact: Identify a project contact (name, phone number, an address) that will be responsible for implementing PCEMs.

b. List and describe any hazardous material that would be used at the project site, including procedures for inventory, storage, handling, and monitoring; notification procedures; specific clean-up and disposal instructions for different products available on the site; proposed methods for disposal of spilled material; and employee training for spill containment.

c. Temporarily store any waste liquids generated at the staging areas under cover on an impervious surface, such as tarpaulins, until such time they can be properly transported to and treated at an approved facility for treatment of hazardous materials.

d. Procedures based on Best Management Practices to confine, remove, and dispose of construction waste, including every type of debris, discharge water, concrete, cement, grout, washout facility, welding slag, petroleum product, or other hazardous materials generated, used, or stored on-site.

e. Procedures to contain and control a spill of any hazardous material generated, used or stored onsite, including notification of proper authorities. Ensure that materials for emergency erosion and hazardous materials control are onsite (e.g., silt fence, straw bales, oil-absorbing floating boom whenever surface water is present).

f. Best management practices to confine vegetation and soil disturbance to the minimum area, minimize length of time to complete the action, and otherwise prevent or minimize erosion associated with the action area.

g. No uncured concrete or form materials will be allowed to enter the active stream channel.

h. Steps to cease work under high flows, except for efforts to avoid or minimize resource damage.

10. Site Preparation

a. Flagging Sensitive Areas – Prior to construction, flag critical riparian vegetation areas, wetlands, and other sensitive sites to minimize ground disturbance.

b. Staging Area– Establish staging areas for storage of vehicles, equipment, and fuels to minimize erosion into or contamination of streams and floodplains.

i. No Topographical Restrictions – Place staging area 150 feet or more from any natural water body or wetland in areas where topography does not restrict such a distance.

ii. Topographical Restrictions – If a staging area cannot be placed >150 feet from the water body due to topographical restrictions, place staging area away from water body or wetland to the greatest extent possible.

c. Temporary Erosion Controls – Place sediment barriers prior to construction around sites where significant levels of erosion may enter the stream directly or through road ditches. Temporary erosion controls will be in place before any significant alteration of the action site and will be removed once the site has been stabilized following construction activities.

d. Stockpile Materials – Minimize clearing and grubbing activities when preparing staging, project, and or stockpile areas. Any large wood, topsoil, and native channel material displaced by construction will be stockpiled for use during site restoration. Materials used for implementation of aquatic restoration categories (e.g., large wood, boulders, fencing material etc.) may be staged within the 100-year floodplain.

e. Hazard Trees - Where appropriate, include hazard tree removal (amount and type) in project design. Fell hazard trees within riparian areas when they pose a safety risk. If possible, fell trees towards a stream. Keep felled trees on site when needed to meet coarse woody debris objectives.

11. Heavy Equipment Use

a. Choice of Equipment – Heavy equipment will be commensurate with the project and operated in a manner that minimizes adverse effects to the environment (e.g., minimally-sized, low pressure tires, minimal hard turn paths for tracked vehicles, temporary mats or plates within wet areas or sensitive soils).

b. Fueling and Cleaning and Inspection for Petroleum Products and Invasive Weeds

i. All equipment used for instream work will be cleaned for petroleum accumulations, dirt, plant material (to prevent the spread of noxious weeds), and leaks repaired prior to entering the project area. Such equipment includes large machinery, stationary power equipment (e.g., generators, canes, etc.), and gas-powered equipment with tanks larger than five gallons.

ii. Store and fuel equipment in staging areas…