Attachment D DSL Permit.pdf

Department of State Lands 951 SW Simpson Ave., Suite 104 Bend, OR 97702 541-388-6112

Permit No.: 62966-RF Renewal

Permit Type: Removal/Fill

Waters: Columbia River

County: Wasco

Expiration Date: June 6, 2024

OPRD

IS AUTHORIZED IN ACCORDANCE WITH ORS 196.800 TO 196.990 TO PERFORM THE

OPERATIONS DESCRIBED IN THE REFERENCED APPLICATION, SUBJECT TO THE SPECIAL

CONDITIONS LISTED ON ATTACHMENT A AND TO THE FOLLOWING GENERAL CONDITIONS:

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

2. This permit does not authorize any work that is not in compliance with local zoning or other local, state, or federal regulation pertaining to the operations authorized by this permit. The permit holder is responsible for obtaining the necessary approvals and permits before proceeding under this permit.

3. All work done under this permit must comply with Oregon Administrative Rules, Chapter 340;

Standards of Quality for Public Waters of Oregon. Specific water quality provisions for this project are set forth on Attachment A.

4. Violations of the terms and conditions of this permit are subject to administrative and/or legal action, which may result in revocation of the permit or damages. The permit holder is responsible for the activities of all contractors or other operators involved in work done at the site or under this permit.

5. Employees of the Department of State Lands (DSL) and all duly authorized representatives of the Director must be permitted access to the project area at all reasonable times for the purpose of inspecting work performed under this permit.

6. Any permit holder who objects to the conditions of this permit may request a hearing from the Director, in writing, within twenty-one (21) calendar days of the date this permit was issued.

7. In issuing this permit, DSL makes no representation regarding the quality or adequacy of the permitted project design, materials, construction, or maintenance, except to approve the project’s design and materials, as set forth in the permit application, as satisfying the resource protection, scenic, safety, recreation, and public access requirements of ORS Chapters 196, 390, and related administrative rules.

8. Permittee must defend and hold harmless the State of Oregon, and its officers, agents and employees from any claim, suit, or action for property damage or personal injury or death arising out of the design, material, construction, or maintenance of the permitted improvements.

9. Authorization from the U.S. Army Corps of Engineers may also be required.

NOTICE: If removal is from state-owned submerged and submersible land, the permittee must comply with leasing and royalty provisions of ORS 274.530. If the project involves creation of new lands by filling on state-owned submerged or submersible lands, you must comply with ORS 274.905 to 274.940 if you want a transfer of title; public rights to such filled lands are not extinguished by issuance of this permit. This permit does not relieve the permittee of an obligation to secure appropriate leases from DSL, to conduct activities on state-owned submerged or submersible lands. Failure to comply with these requirements may result in civil or criminal liability. For more information about these requirements, please contact Department of State Lands, 541-388-6112.

Richard Fitzgerald, Aquatic Resource Coordinator Aquatic Resource Management Oregon Department of State Lands 5/30/2023

Authorized Signature Date

ATTACHMENT A

Permit Holder: OPRD

Project Name: Boat Launch Improvements at Mayer State Park

Special Conditions for Removal/Fill Permit No. 62966-RF Renewal

READ AND BECOME FAMILIAR WITH CONDITIONS OF YOUR PERMIT.

The project site may be inspected by the Department of State Lands (DSL) as part of our monitoring program. A copy of this permit must be available at the work site whenever authorized operations are being conducted.

1. Responsible Party: By signature on the application, Darrell Monk is acting as the representative of OPRD. By proceeding under this permit, OPRD agrees to comply with and fulfill all terms and conditions of this permit, unless the permit is officially transferred to another party as approved by DSL. In the event information in the application conflicts with these permit conditions, the permit conditions prevail.

2. Authorization to Conduct Removal and/or Fill: This permit authorizes 1,005 linear feet of waterway impact(s) with associated removal and fill of material in T2N R12E Section 2, Tax Lot 200, in Wasco County, as referenced in the application, map and drawings (See Attachment B for project location(s)), dated March 30, 2022. This permit also authorizes removal and fill activities necessary to complete the required compensatory mitigation.

3. Work Period in Jurisdictional Areas: Fill or removal activities below the ordinary high-water elevation of Columbia River must be conducted between November 15 and March 15, unless otherwise coordinated with Oregon Department of Fish and Wildlife and approved in writing by DSL. If fish eggs are observed within the project area, work must cease, and DSL contacted immediately.

4. Changes to the Project or Inconsistent Requirements from Other Permits: It is the permittee’s responsibility to ensure that all state, federal and local permits are consistent and compatible with the final approved project plans and the project as executed. Any changes made in project design, implementation, or operating conditions to comply with conditions imposed by other permits resulting in removal-fill activity must be approved by DSL prior to implementation.

5. DSL May Halt or Modify: DSL retains the authority to temporarily halt or modify the project or require rectification in case of unforeseen adverse effects to aquatic resources or permit non-compliance.

6. DSL May Modify Conditions Upon Permit Renewal: DSL retains the authority to modify conditions upon renewal, as appropriate, pursuant to the applicable rules in effect at the time of the request for renewal or to protect waters of this state.

Pre-Construction

7. Local Government Approval Required Before Beginning Work: Prior to the start of construction, the permittee must go through a full National Scenic Area and Conditional Use Permit Review from the Wasco County.

8. DSL Proprietary Authorization Required Before Beginning Work: Prior to the start of work within state-owned submerged and submersible lands, the permittee must obtain the following proprietary authorization(s): Short Term Access Agreement.

9. Stormwater Management Approval Required Before Beginning Work: Prior to the start of construction, the permittee must obtain a National Pollution Discharge Elimination System (NPDES) permit from the Oregon Department of Environmental Quality (DEQ), if one is required by DEQ.

10. Pre-construction Resource Area Fencing or Flagging: Prior to any site grading, the boundaries of the avoided wetlands, waterways, and riparian areas adjacent to the project site must be surrounded by noticeable construction fencing or flagging. The marked areas must be maintained during construction of the project and be removed immediately upon project completion.

General Construction Conditions

11. Water Quality Certification: The Department of Environmental Quality (DEQ) may evaluate this project for a Clean Water Act Section 401 Water Quality Certification (WQC). If the evaluation results in issuance of a Section 401 WQC, that turbidity condition will govern any allowable turbidity exceedance and monitoring requirements.

12. Erosion Control Methods: The following erosion control measures (and others as appropriate) must be installed prior to construction and maintained during and after construction as appropriate, to prevent erosion and minimize movement of soil into waters of this state.

a. All exposed soils must be stabilized during and after construction to prevent erosion and sedimentation.

b. Filter bags, sediment fences, sediment traps or catch basins, leave strips or berms, or other measures must be used to prevent movement of soil into waterways and wetlands.

c. To prevent erosion, use of compost berms, impervious materials or other equally effective methods, must be used to protect soil stockpiled during rain events or when the stockpile site is not moved or reshaped for more than 48 hours.

d. Unless part of the authorized permanent fill, all construction access points through, and staging areas in, riparian and wetland areas must use removable pads or mats to prevent soil compaction. However, in some wetland areas under dry summer conditions, this requirement may be waived upon approval by DSL. At project completion, disturbed areas with soil exposed by construction activities must be stabilized by mulching and native vegetative plantings/seeding. Sterile grass may be used instead of native vegetation for temporary sediment control. If soils are to remain exposed more than seven days after completion of the work, they must be covered with erosion control pads, mats or similar erosion control devices until vegetative stabilization is installed.

e. Where vegetation is used for erosion control on slopes steeper than 2:1, a tackified seed mulch must be used so the seed does not wash away before germination and rooting.

f. Dredged or other excavated material must be placed on upland areas having stable slopes and must be prevented from eroding back into waterways and wetlands.

g. Erosion control measures must be inspected and maintained as necessary to ensure their continued effectiveness until soils become stabilized.

h. All erosion control structures must be removed when the project is complete, and soils are stabilized and vegetated.

13. Fuels, Hazardous, Toxic, and Waste Material Handling: Petroleum products, chemicals, fresh cement, sandblasted material and chipped paint, material treated with leachable preservatives or other deleterious waste materials must not be allowed to enter waters of this state. Machinery and equipment staging, cleaning, maintenance, refueling, and fuel storage must be at least 150 feet from OHW and wetlands to prevent contaminates from entering waters of the state. Refueling is to be confined to a designated area to prevent spillage into waters of this state. Barges must have containment system to effectively prevent petroleum products or other deleterious material from entering waters of this state. Project-related spills into waters of this state or onto land with a potential to enter waters of this state must be reported to the Oregon Emergency Response System (OERS) at 1-800-452-0311.

14. Archaeological Resources: If any archaeological resources, artifacts, or human remains are encountered during construction, all construction activity must immediately cease. The State Historic Preservation Office must be contacted at 503-986-0674. You may be contacted by a Tribal representative if it is determined by an affected Tribe that the project could affect Tribal cultural or archeological resources.

15. Construction Corridor: There must be no removal of vegetation or heavy equipment operating or traversing outside the designated construction corridor or footprint (Sheet(s) 2 of the Erosion & Sediment Control Plan).

16. Hazards to Recreation, Navigation or Fishing: The activity must be timed so as not to unreasonably interfere with or create a hazard to recreational or commercial navigation or fishing.

17. Operation of Equipment in the Water: Heavy equipment may not be positioned on or traverse areas below ordinary high water at any time.

18. Fish Salvage Required: Fish must be salvaged from the work area if present. Permits from

NOAA Fisheries and Oregon Department of Fish and Wildlife, Fish Research are required to salvage fish. Fish salvage permit information may be obtained by contacting ODFW Fish Research at 503-947-6254 or Fish.Research@state.or.us.

19. Fish Passage Required: The project must meet Oregon Department of Fish and Wildlife requirements for fish passage, as required in ORS 509.585.

20. Raising or Redirecting Water: The project must not cause water to rise or be redirected and result in damage to structures or property on the project site as well as adjacent, nearby, upstream, and downstream of the project site.

21. Temporary Ground Disturbances: All temporarily disturbed areas must be returned to original ground contours at project completion.

Pilings

22. Piling Placement and/or Removal Location: Piling must be placed and/or removed from locations depicted in the application, (Sheet(s) 2, 3).

mailto:Fish.Research@state.or.us

23. Method of Piling Placement and Removal: Dock pilings must be placed and removed by means of vibratory equipment.

24. Broken Piles: If piling breaks above or below the bed surface within an area of uncontaminated sediment, piling must be cut at least two feet below the bed surface or otherwise pushed into that depth, then covered with a cap of clean substrate.

25. Piling Placement Equipment Location: Pilings must be placed using barge-mounted equipment or equipment located above the top of bank.

26. Sound Reduction: A vibratory hammer must be used whenever feasible. If an impact hammer must be used to drive or proof steel piles, sound attenuation measures including cushion blocks (wood blocks between pile and hammer) and bubble curtains operated to distribute air bubbles around 100 percent of the piling for the full depth of the water column must be used:

a. If water velocity is 1.7 miles per hour or less, an unconfined bubble curtain may be used; or

b. If water velocity is greater than 1.7 miles per hour, a confined bubble curtain (e.g., bubble ring surrounded by fabric or metal sleeve) must be used.

27. Barge Grounding Prohibited: If barge-mounted, the barge must not at any time be grounded on the bed or banks of the waterway.

28. Leachable Preservatives Prohibited: There must be no products treated with creosote or other leachable preservatives in the new or replaced piles or structure.

29. Waste Pilings Disposal: Old piling and other waste material must be disposed of in a disposal facility approved for this purpose. There must be no temporary storage of piling or other waste material below top of bank or in any wetland, Federal Emergency Management Administration designated floodway, or an area historically subject to landslides.

30. Anti-Perching Devices Required: Pilings must be fitted with devices to effectively prevent perching by fish eating bird species.

Riprap Placement

31. Riprap Placement Methods: Riprap/rock must be placed under the following conditions:

a. Only clean, erosion resistant rock from an upland source must be used as riprap. No broken concrete or asphalt must be used.

b. Riprap rock must be placed in a manner that does not increase the upland surface area.

c. Riprap must be placed in a way as to minimize impacts to the active stream channel.

d. Gravel or filter fabric should be placed behind the riprap rock, including the toe trench rock, as a filter blanket.

e. All riprap rock must be placed, not dumped, from above the bank line.

32. Riprap Must Be Covered: Riprap above ordinary high-water elevation must be covered and the voids filled with soil, gravel, and / or mulch sufficient to allow the performance standards to be achieved and wildlife to move across it naturally.

33. Planting in Riprap Required: Riprap must be planted as shown in the application, (Figure(s) 1 of the Mitigation Plan). Seeding of the riprap placement area must occur immediately following establishment of final contours. Planting of native woody vegetation must be completed during the time of year that provides the optimal chances of survival immediately following construction.

Rectification of Temporary Impacts

34. Pre-construction Elevations Must Be Restored Within the Same Construction Season:

Construction activities within areas identified as temporary impact must not exceed two construction seasons and rectification of temporary impacts must be completed within 24 months of the initiation of impacts. However, if the temporary impact only requires one construction season, re-establishment of pre-construction contours must be completed within that same construction season, before the onset of fall rains.

Compensatory Mitigation

35. Method of Piling Removal: Pilings will be extracted in their entirety using a nylon strap wrapped around each pile and vertically extracted using the crane as shown (Fig. 2: Mitigation Area Map).

a. Piling must not intentionally be broken by twisting or bending;

b. Upon removal, piling must be handled to effectively contain all adhering sediment. All return flows must meet state water quality standards; and

c. Piling and containment materials must be disposed in an approved upland disposal site.

36. Woody Vegetation Planting Required: Planting of 235 linear feet with native woody vegetation must be completed before the next growing season after re-establishment of the pre-construction contours as shown on Fig. 1 of the Mitigation Plan.

37. Timing of Mitigation Site Planting: Mitigation site plantings must be completed by April 20, 2024.

38. Mitigation Site Location: The mitigation must be conducted on and off-site. The center-point of the mitigation site is 45.681734 degrees Latitude, -121.288615 degrees Longitude. The current legal description is Township 2N. Range 12E, Section 2, Tax Lot 200 as shown on Figure(s) 1 & 2 of the mitigation plan.

39. Signs Required: Signs must be posted along the mitigation planting site perimeters stating that the area behind the sign is a protected site.

40. Long-term Maintenance Required: Long-term site maintenance of the 235 linear feet of riparian plantings is required as described in the Compensatory Mitigation Plan in the application.

Monitoring and Reporting Requirements

41. Post-Construction Report Required: A post-construction report demonstrating as-built conditions and discussing any variation from the approved plan must be provided to DSL within 90 days of revegetation, which shall occur during the fall, winter, or spring immediately following the completion of grading within the required planting areas. The post-construction report must include:

a. A scaled drawing clearly showing the following:

i. Finished contours of the site.

ii. Current tax lot and right-of-way boundaries.

iii. Photo point locations.

iv. As built conditions

v. The area seeded, with the square foot area listed.

vi. The area planted with trees and shrubs, with the square foot area listed

b. Photos from fixed photo points. This should clearly show the site conditions and any signage required.

c. A narrative outlining the density and species list of what was planted.

d. A narrative that describes any deviation from the approved permit and mitigation plan.

42. Annual Monitoring Reports Required: Monitoring is required until DSL has officially released the site from further monitoring. The permittee must monitor the site to determine whether the site is meeting performance standards for a minimum period of 3 growing seasons after completion of all the initial plantings. Annual monitoring reports are required and are due by November 1. Failure to submit the required monitoring report by the due date may result in an extension of the monitoring period and/or enforcement action.

43. Extension of the Monitoring Period: The monitoring period may be extended, at the discretion of DSL, for failure of the site to meet performance standards for the final two consecutive years without corrective or remedial actions (such as irrigation, significant weed/invasive plants treatment or replanting) or when needed to evaluate corrective or remedial actions.

44. Contents of the Annual Monitoring Report: The annual monitoring report must include the following information:

a. Completed Monitoring Report Cover Sheet, which includes permit number, permit holder name, monitoring date, report year, performance standards, and a determination of whether the site is meeting performance standards.

b. Site location map(s) that clearly shows the impact site and mitigation site boundaries.

c. Site Plan that clearly shows at least the following:

i. The area seeded, with the square foot area listed.

ii. The area planted with trees and shrubs, with the square foot area listed.

iii. Current tax lot and right-of-way boundaries.

iv. Permanent monitoring plot locations that correspond to the data collected and fixed photo-points. These points should be overlaid on the as-built map.

v. Riparian areas, and buffer clearly identified separately and the area (square foot or acreage) of each noted.

d. A brief narrative that describes maintenance activities and recommendations to meet success criteria. This includes when irrigation occurred and when the above ground portion of the irrigation system was or will be removed from the site.

e. Data collected to support the conclusions related to the status of the site relative to the performance standards listed in this permit (include summary/analysis in the report and raw data in the appendix). Data should be submitted using the DSL Mitigation Monitoring Vegetation Spreadsheet or presented in a similar format as described in DSL’s Routine Monitoring Guidance for Vegetation.

f. Photos from fixed photo points (include in the appendix).

g. Other information necessary or required to document compliance with the performance standards listed in this permit.

45. Corrective Action May Be Required: DSL retains the authority require corrective action in the event the performance standards are not accomplished at any time within the monitoring period.

Performance Standards

To be deemed successful, the mitigation areas must meet the following performance standards, as determined by DSL:

46. Establishment of Permanent Monitoring Locations Required: Permanent plot locations must be established during the first annual monitoring in sufficient number and locations to be representative of the site. The permanent plot locations must be clearly marked on the ground.

Riparian Areas

47. Invasive Species Cover: The cover of invasive species is no more than 10%. A plant species should automatically be labeled as invasive if it appears on the current Oregon Department of Agriculture noxious weed list, plus known problem species including Phalaris arundinacea, Mentha pulegium, Holcus lanatus, Anthoxanthum odoratum, and the last crop plant if it is non-native. Non-native plants should be labeled as such if they are listed as non-native on the USDA Plants Database. Beginning in Year 2 of monitoring, DSL will consider a non-native plant species invasive if it comprises more than 15% cover in 10% or more of the sample plots in any habitat class and increases in cover or frequency from the previous monitoring period. Plants that meet this definition should be considered invasive for all successive years of monitoring.

After the site has matured to the stage when desirable canopy species reach 50% cover, the cover of invasive understory species may increase but may not exceed 30%.

48. Woody Vegetation: The cover of native woody vegetation on the site is at least 50%. Native species volunteering on the site may be included, dead plants do not count, and the standard must be achieved for 2 years without irrigation.

ATTACHMENT B

Permit Holder: OPRD

Project Name: Boat Launch Improvements at Mayer State Park

Maps and Drawings for Removal/Fill Permit No. 62966-RF Renewal