Attachment C - USACE Permit.pdf

NWP-2002-132-7 Page 1 of 8

DEPARTMENT OF THE ARMY PERMIT

Permittee: Oregon Department of Fish and Wildlife 4192 North Umpqua Highway Roseburg, OR 97470

Permit No: NWP-2002-132-7

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 permanently cap the existing fish passage structure (fishway) located on the south side of the Rock Creek Hatchery Diversion Dam.

You will permanently discharge up to 147 cubic yards (cy) of concrete and gravel below the ordinary high water mark (OHWM) of Rock Creek within an area measuring 0.02-acre to decommission the existing fishway. To permanently fill the fishway, concrete fill material will be pumped from the north bank of Rock Creek via pump truck to the fishway on the south side of the dam. You will work from upland areas abutting the Rock Creek Hatchery Diversion Dam complex and within Rock Creek to complete the project.

During construction, you will also temporarily discharge up to 100 cy of sandbag fill material below the OHWM of Rock Creek within an area measuring 0.07 acre and by using the existing flashboard system at the head of the fishway to isolate the work area.

Purpose: To decommission an existing fishway to ensure fish species in Rock Creek are required to utilize a newer primary fishway for the identification and removal of hatchery-origin fish so that only wild fish continue upstream to spawning and rearing habitat within Rock Creek.

Project Location: The project is located in Rock Creek at the Rock Creek Fish Hatchery Diversion Dam at 425 McCarn Ln. Idleyld Park, Douglas County, Oregon. Latitude and Longitude: 43.33573°, -122.99820°.

Drawings: Six (6) drawings/maps (Attachment 1)

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Permit Conditions:

General Conditions:

1. The time limit for completing the work authorized ends on February 22, 2029. 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. Notifications and Reporting:

1) 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- 2002-132-7, Douglas County.

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2) 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-2002-132-7, Douglas County. If you are submitting files larger than 20 MB, contact your county Regulatory Project Manager for instructions.

3) Permittee shall submit an as built report to the Corps at the same time as the Compliance Certification as required by special condition (a)(2) above. The report shall contain drawings and photographs of the site and any variations from the original plans. A map identifying the locations and directions of the photographs shall be included in the as-built report. The as-built report shall be provided by e-mail to cenwp.notify@usace.army.mil and the email subject line shall include NWP-2002-132-7, Douglas County. If you are submitting files larger than 20 MB, contact your county Regulatory Project Manager for instructions.

4) If any property associated with this permit is sold, you must obtain the signature of the new owner(s) in the space provided on the permit. Copies of the permit must be forwarded to this office to validate the transfer of the authorization for any sold property.

b. Endangered Species Act and Essential Fish Habitat compliance:

1) All in-water work shall be performed during the in-water work period of July 1 - September 15 to minimize impacts to aquatic species.

2) This Corps permit does not authorize you to take an endangered species. 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 National Marine Fisheries Service (NMFS) SLOPES IV In-water Over-water Structures programmatic biological opinion dated April 5, 2012 (NMFS Reference Number 2011/05585), 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 opinion. Your authorization under this Corps permit is conditional upon your compliance with all of the applicable mandatory terms and conditions associated with the incidental take statement. Failure to comply with the applicable terms and conditions associated with incidental take of this opinion, where a take of the listed species occurs, would constitute an unauthorized take, and it would also constitute noncompliance with your Corps permit. The NMFS is the appropriate authority to determine compliance with the terms and conditions of its opinion and with the

ESA.

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3) Permittee shall fully implement all applicable Proposed Design Criteria (PDC) of the SLOPES IV In-water Over-water Structures programmatic biological opinion.

A detailed list of the PDCs are enclosed (Attachment 4). The applicable PDCs for the project include numbers: 5, 6, 7, 11, and 17-20.

4) Permittee shall complete and submit a Fish Salvage Report form, which is provided in Attachment 4, within 60 days of completing a capture and release of ESA-listed fish. Submit the form by email to cenwp.notify@usace.army.mil and include the Corps project number in the email subject line.

5) Permittee shall complete and submit an Action Completion Report form, which is provided in Attachment 4, within 60 days of completing all work below ordinary high water for riverine systems or below the highest astronomical tide for marine systems. Submit the form by email to cenwp.notify@usace.army.mil and include the Corps project number and county in the email subject line.

6) This Corps permit does not authorize you to take an endangered species, in particular the Northern Spotted Owl (Strix occidentalis caurina) and ESA candidate species, the Northwestern Pond Turtle (Actinemys marmorata). 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). On January 29, 2024, 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 2024-I-0008).

Failure to implement the project as proposed. The USFWS is the appropriate authority to determine compliance with the ESA.

c. Avoidance and Minimization:

1) Permittee shall isolate and confine the worksite from the active channel to minimize turbidity and prevent pollutants from entering the waterbody.

2) Permittee shall take the necessary precautions to prevent any petroleum products, chemicals, or deleterious or toxic materials from entering waterways during construction.

3) Heavy equipment shall be clean and free of leaks when operated in or near the active channel. All vehicles shall be stored and fueled a minimum of 150 feet from any waterbody.

4) Wet or green concrete shall be allowed to cure a minimum of 72 hours prior to coming into contact with the waterway.

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d. Permittee shall provide a copy of the permit transmittal letter, permit form, and permit drawings to all contractors performing any work authorized by Corps No. NWP-

2002-132-7.

Further Information:

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

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

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

( ) 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.

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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:

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.

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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

ERMITTEE SIGNATURE

2/22/24

Evan Leonetti Assistant District Fish Biologist

Melanie O’Meara

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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

NWP-2002-132-7 Page 1 of 6 Attachment 1

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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

August 31, 2023

Evan Leonetti Oregon Department of Fish and Wildlife (ODFW) 4192 N Umpqua Hwy Roseburg, OR 97470

RE: 2002-132-7 Rock Creek Fish Hatchery Diversion Dam Decommission 401 Water Quality Certification

The Department of Environmental Quality (DEQ) has reviewed the U.S. Army Corps of Engineers (USACE) Permit application # 2002-132-7, pursuant to a request for a Clean Water Act Section 401 Water Quality Certification (WQC) received on May 5, 2023. DEQ’s 401 WQC public comment opportunity was circulated with the USACE public notice from June 8, 2023 to July 8, 2023, and DEQ received no comments.

According to the application, ODFW (“the Applicant”) proposes to impact waters in order to decommission the Rock Creek Diversion Dam. The project is located in Rock Creek, in Idleyld Park, in Douglas County, Oregon (Section 1, Township 26, Range 03 West).

Project Description: The Applicant proposes to impact approximately 100 linear feet of stream by discharging approximately 147 cubic yards of fill material to the Rock Creek in order to decommission the Rock Creek Diversion Dam to allow ODFW to better manage fisheries in the basin.

Status of Affected Waters of the State: Rock Creek at river mile 0.5 is listed on the Section 303(d) list of impaired water bodies for temperature.

In addition, the entire Umpqua Basin has a TMDL for all perennial streams and fish-bearing intermittent streams for nutrients and bacteria.

The above listed parameters impair the following beneficial uses in the Rock Creek: fish and aquatic life. Additional beneficial uses include: public domestic water supply, private domestic water supply, industrial water supply, irrigation, livestock watering, wildlife and hunting, fishing, boating, water contact recreation, aesthetic quality, and hydropower.

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.

NWP-2002-132-7 Page 1 of 13 Attachment 2

DEQ 401 WQC, USACE Project # 2002-132-7, Rock Creek Fish Hatchery Diversion Dam Decommission

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 February 7, 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.

NWP-2002-132-7 Page 2 of 13 Attachment 2

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.

Rule: OAR 340-012 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.

CONSTRUCTION SPECIFIC CONDITIONS

10) Erosion Control: During construction, erosion control measures must be implemented to prevent soil from reaching waters of the state. The Applicant is required to develop and implement an effective erosion and sediment control plan. Refer to DEQ’s Oregon Sediment and Erosion Control Manual, January, 2013 at:

https://www.oregon.gov/deq/FilterPermitsDocs/ErosionSedimentControl.pdf

A project that disturbs one acre or more may be required to obtain a National Pollutant Discharge Elimination System 1200-C construction stormwater general permit. Contact the DEQ Stormwater Program for more information at:

https://www.oregon.gov/deq/wq/wqpermits/Pages/Stormwater-Construction.aspx

In addition, the Applicant, unless otherwise authorized by DEQ in writing must:

a. Maintain an adequate supply of materials necessary to control erosion at the construction site

b. Prohibit erosion of stockpiles. Deploy compost berms, impervious materials, or other effective methods during rain or when stockpiles are not moved or reshaped for more than 48 hours.

NWP-2002-132-7 Page 3 of 13 Attachment 2 https://www.oregon.gov/deq/FilterPermitsDocs/ErosionSedimentControl.pdf https://www.oregon.gov/deq/FilterPermitsDocs/ErosionSedimentControl.pdf

c. Inspect erosion control measures daily and maintain erosion control measures as often as necessary to ensure the continued effectiveness of measures. Erosion control measures must remain in place until all exposed soil is stabilized;

i. If monitoring or inspection shows that the erosion and sediment controls are ineffective, the Applicant must act immediately to make repairs, install replacements, or install additional controls as necessary.

ii. If sediment has reached a third of the exposed height of a sediment or erosion control, the Applicant must remove the sediment to its original contour.

d. Use removable pads or mats to prevent soil compaction at all construction access points through, and staging areas in, riparian or wetland areas to prevent soil compaction, unless otherwise authorized by DEQ.

e. Flag or fence off wetlands not specifically authorized to be impacted to protect from disturbance and/or erosion.

f. Place dredged or other excavated material on upland areas with stable slopes to prevent materials from eroding back into waterways or wetlands.

g. Place clean aggregate at all construction entrances, and utilize other best management practices, including, but not limited to truck or wheel washes, when earth-moving equipment is leaving the site and traveling on paved surfaces.

Vehicles are prohibited from tracking sediment off site.

h. This certification does not authorize the placement of best management practices into waters of the state unless specifically outlined in the application and authorized by DEQ.

Rule: OAR 340-041-0007(8), ORS 468B.050, CWA Section 402, OAR 340-045 Justification: DEQ must ensure that pollution does not enter waterways.

11) Deleterious waste materials: The Applicant is prohibited from placing biologically harmful materials and construction debris where they could enter waters of the state, including wetlands (wetlands are waters of the state). This includes but is not limited to:

petroleum products; chemicals; cement cured less than 24 hours; welding slag and grindings; concrete saw cutting by-products; sandblasted materials; chipped paint; tires;

wire; steel posts; asphalt; and waste concrete.

The Applicant must:

a. Cure concrete, cement, or grout for at least 24 hours before any contact with flowing waters;

b. Use only clean fill, free of waste and polluted substances;

c. Employ all practicable controls to prevent discharges of spills of harmful materials to surface or groundwater;

d. Maintain at the project construction site, and deploy as necessary, an adequate supply of materials needed to contain deleterious materials during a weather event;

e. Remove all foreign materials, refuse, and waste from the project area; and

NWP-2002-132-7 Page 4 of 13 Attachment 2

f. Employ general good housekeeping practices at all times.

Rule: OAR 340-041-0007(8), ORS 468B.050, CWA Section 402

12) Spill Prevention: The Applicant must have a spill prevention and control plan. The Applicant must fuel, operate, maintain, store vehicles, and equipment, and construction 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. Vehicle and motorized equipment staging, cleaning, maintenance, refueling, and fuel storage must take place in a vehicle staging area 150 feet or more from any waters of the state. DEQ may approve in writing exceptions to this distance if all practical prevention measures are employed and this distance is not possible because of any of the following site conditions:

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

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

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

b. 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.

c. 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.

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

e. 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.

f. 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 construction site and deployed as necessary.

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

h. 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.

NWP-2002-132-7 Page 5 of 13 Attachment 2

13) Spill & Incident Reporting:

a. In the event that petroleum products, chemicals, or any other harmful 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 System (800-452-0311) within 24 hours. The Applicant must immediately begin containment and complete cleanup as soon as possible.

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

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

14) Vegetation Protection and Restoration:

a. The Applicant must protect riparian, wetland, and shoreline vegetation in the authorized project area (as defined in the permit application materials) from disturbance through one or more of the following:

i. Minimization of project and impact footprint

ii. Designation of staging areas and access points in open, upland areas

iii. Fencing and other barriers demarcating construction areas

iv. Use of alternative equipment (e.g., spider hoe or crane)

b. If authorized work results in vegetative disturbance and the disturbance has not been accounted for in planned mitigation actions, the Applicant must successfully reestablish vegetation to a degree of function equivalent or better than before the disturbance. The standard for success is 80 percent cover for native plant species.

The vegetation must be reestablished by the completion of authorized work and include:

i. Restoring damaged streambanks to a natural slope, pattern, and profile suitable for establishment of permanent woody vegetation, unless precluded by pre-project conditions (e.g., a natural rock wall)

ii. Replanting or reseeding each area requiring revegetation before the end of the first planting season following construction

iii. Planting disturbed areas with native plants and trees in all cases except where the use of non-native plant materials may be essential for erosion control

iv. The use of invasive species to re-establish vegetation is prohibited

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v. Herbicides, pesticides and fertilizers must be applied per manufacturer’s instructions, and only if necessary for vegetation establishment. If chemical treatment is necessary, the Applicant is responsible for ensuring that pesticide application laws, including with the National Pollutant Discharge Eliminations System 2300-A general permit are met. Please review the information on the following website for more information:

https://www.oregon.gov/deq/wq/wqpermits/Pages/Pesticide.aspx

Additionally:

1. Unless otherwise approved in writing by DEQ, applying surface fertilizer within stormwater treatment facilities or within 50 feet of any stream channel is prohibited.

2. Other than spot application to cut stems, no herbicides are allowed within stormwater treatment facilities or within 150 feet of waters of the state. Mechanical, hand, or other methods may be used to control weeds and unwanted vegetation within stormwater treatment facilities or within 150 feet of waters of the state; and

3. No pesticides may be used within stormwater treatment facilities or within 150 feet of waters of the state.

vi. Install wildlife-friendly fencing as necessary to prevent access to revegetated sites by livestock or unauthorized persons

vii. Minimize soil compaction, especially in areas that are designated for replanting. If soils are compacted, decompact staging areas and work construction areas prior to replanting. Leave topsoil when possible. Chip materials from clear and grub operation and spread on soil surface, unless cleared areas contained invasive species.

Rule: OAR 340-041, OAR 340-012, OAR 340-041-0033 Justification: Riparian, wetland, and shoreline vegetation help ensure excess sediment does not enter a waterway, and helps offset potential temperature impacts. DEQ must ensure that pollution does not enter waterways.

15) Previously Contaminated Soil and Groundwater: If any contaminated soil or groundwater is encountered, it must be handled and disposed of in accordance with the soil and groundwater management plan for the site, as well as local, state and federal regulations. The Applicant must notify the Environmental Cleanup Section of DEQ at 800-452-4011 Ex.6258.

Rule: OAR 340-041, OAR 340-012, OAR 340-122, OAR 340-040 Justification: DEQ must ensure that pollution does not enter waterways. As sediments are disturbed, pollutants could become redistributed.

16) Notification to DEQ: The Applicant must provide pre-construction notification to DEQ one week before construction starts. Contact information can be found at the end of the certification.

NWP-2002-132-7 Page 7 of 13 Attachment 2

Rule: OAR 340-012 Justification: DEQ must inspect facilities for compliance with all state rules and laws.

SPECIFIC CONDITIONS FOR IN-WATER WORK

17) 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/Oregon%20In-water%20Work%20Guidelines%20January%202022.pdf?msclkid=6c7719e8a6c511eca 3ff1bf4749751a8) or as authorized otherwise under a Department of State Lands removal/fill permit. Exceptions to the timing window must be recommended by Oregon Department of Fish and Wildlife and/or the National Marine Fisheries Services as appropriate.

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

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

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

19) Isolation of Work Areas: The applicant must isolate in-water work areas from the active flowing stream, unless otherwise authorized as part of the approved application, or authorized by DEQ.

Rule: OAR 340-041, OAR 340-012, OAR 340-045

20) Cessation of Work: The Applicant must cease project operations under high-flow conditions that will result in inundation of the project area. Only efforts to avoid or minimize turbidity or other resource damage as a result of inundation of the exposed project area are allowed during high-flow conditions.

Rule: OAR 340-041, OAR 340-012

21) 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

NWP-2002-132-7 Page 8 of 13 Attachment 2 https://www.dfw.state.or.us/lands/inwater/Oregon%20In-water%20Work%20Guidelines%20January%202022.pdf?msclkid=6c7719e8a6c511eca3ff1bf4749751a8 https://www.dfw.state.or.us/lands/inwater/Oregon%20In-water%20Work%20Guidelines%20January%202022.pdf?msclkid=6c7719e8a6c511eca3ff1bf4749751a8 https://www.dfw.state.or.us/lands/inwater/Oregon%20In-water%20Work%20Guidelines%20January%202022.pdf?msclkid=6c7719e8a6c511eca3ff1bf4749751a8 https://www.dfw.state.or.us/lands/inwater/Oregon%20In-water%20Work%20Guidelines%20January%202022.pdf?msclkid=6c7719e8a6c511eca3ff1bf4749751a8 https://www.dfw.state.or.us/lands/inwater/Oregon%20In-water%20Work%20Guidelines%20January%202022.pdf?msclkid=6c7719e8a6c511eca3ff1bf4749751a8 https://www.dfw.state.or.us/lands/inwater/Oregon%20In-water%20Work%20Guidelines%20January%202022.pdf?msclkid=6c7719e8a6c511eca3ff1bf4749751a8 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 down current from the disturbance, at approximately mid-depth of the waterbody and within any visible plume. The turbidity, location, date, tidal stage (if applicable) and time must be recorded for each measurement.

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

MONITORING WITH A TURBIDIMETER EVERY 2 HOURS

TURBIDITY LEVEL Restrictions to Duration of Activity

0 to 4 NTU above background No Restrictions

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

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

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

If an exceedance over the background level occurs, the Applicant must modify the activity and continue to monitor every two hours. If an exceedance over the background level continues after the second monitoring interval, the activity must stop. If, however, turbidity levels return to background at or after second monitoring level due to implementation of best management practices or natural attenuation, work may continue with appropriate monitoring as above.

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

c. Reporting:

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

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

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

iii. Prepare a narrative must be prepared discussing all exceedances with subsequent monitoring, actions taken, and the effectiveness of the actions. The Applicant must make available copies of daily logs for

NWP-2002-132-7 Page 9 of 13 Attachment 2 turbidity monitoring to regulatory agencies including DEQ, USACE, NMFS, USFWS, and ODFW upon request. An example turbidity log is attached to this certification.

If turbidity monitoring cannot be conducted due to dry conditions, the Applicant must provide photo documentation with a date and time stamp.

d. Best Management Practices to Minimize In-stream Turbidity: The Applicant must implement the following best management practices, unless accepted in writing by DEQ:

i. Sequence/Phasing of work – The Applicant must schedule work activities 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 to minimize turbidity. All practical 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 at the least sensitive areas and amend these crossing sites with clean gravel or other temporary methods as appropriate, to discharge sediments to the waterbody.

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

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

vi. Containment measures such as silt curtains, geotextile fabric, and silt fences must be in place and properly maintained in order to minimize in-stream sediment suspension and resulting turbidity.

Rule: OAR 340-041-0036, OAR 340-041

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.

NWP-2002-132-7 Page 10 of 13 Attachment 2

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 Chance Plunk at chance.plunk@deq.oregon.gov, by phone at 541-972-5463, or at 165 E. 7th Ave, Suite 100, Eugene, OR 97404.

Sincerely, Christine Svetkovich, Northwest Region Administrator ec: Darla White, USACE Lauren Stebbins, DSL

NWP-2002-132-7 Page 11 of 13 Attachment 2 https://oregondeq.na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAQrrRQ_Vgifgp6ABoAltaddONs147sn0x https://oregondeq.na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAQrrRQ_Vgifgp6ABoAltaddONs147sn0x mailto:chance.plunk@deq.oregon.gov mailto:chance.plunk@deq.oregon.gov

NWP-2002-132-7 Page 12 of 13 Attachment 2

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

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

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

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

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

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

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

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

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

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

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

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

MONITORING WITH A TURBIDIMETER EVERY 2

HOURS

TURBIDITY LEVEL

Restrictions to Duration of

Activity

0 to 4 NTU above background

No Restrictions

5 to 29 NTU above

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

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

30 to 49 NTU above

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

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

50 NTU or more above background

Stop work immediately and inform DEQ

NWP-2002-132-7 Page 13 of 13 Attachment 2

NWP- Attachment

1. Permit Number: NWP-

2. Permittee Name:

3. County Location:

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

U.S. Army Corps of Engineers

CENWP-OD-GL

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

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

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

☐ Not Applicable ☐ Submitted ☐ Enclosed

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

☐ Not Applicable ☐ Submitted ☐ Enclosed

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

a. SLOPES Action Completion Report:

☐ Not Applicable ☐ Submitted ☐ Enclosed

b. SLOPES Fish Salvage Report:

☐ Not Applicable ☐ Submitted ☐ Enclosed

c. SLOPES Site Restoration / Compensatory Mitigation Report:

☐ Not Applicable ☐ Submitted ☐ Enclosed

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

Signature of Permittee Date

Compliance Certification

Endangered Species Act - Section 7 Formal Programmatic Opinion, Letter

Of Concurrence and

Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation

Revisions to Standard Local Operating Procedures for Endangered Species to Administer Actions Authorized or Carried Out by the U.S. Army Corps of Engineers in Oregon

(SLOPES IV In-water Over-water Structures)

NMFS Consultation Number: 2011/05585

Federal Action Agency: Army Corps of Engineers Portland District, Operations and Regulatory Branches

Date Issued: April 5, 2012

Affected Species and Determinations

ESA-Listed Species

ESA

Status

Is the action likely to adversely affect this species or it critical habitat?

Is this Action likely to jeopardize this species?

Is this Action likely to destroy or adversely modify critical habitat for this species?

Lower Columbia River Chinook salmon T Yes No No Upper Willamette River Chinook salmon T Yes No No Upper Columbia River spring-run Chinook salmon E Yes No No Snake River spring/summer run Chinook salmon T Yes No No Snake River fall-run Chinook…