Attachment D USACOE Permit.pdf

PDF 8 MB Posted Aug 29, 2023

Attached to: ITB 9964 Boating Facility Improvements at Mayer State Park
Solicitation number: S-63400-00007968
Issued by: Wasco County, Oregon

About this file

Written by GovTribe AI · Apr 3, 2024

This document is a U.S. Army Corps of Engineers (Corps) permit for the Oregon Parks and Recreation Department (OPRD) to undertake boat launch facility improvements at Mayer State Park, located on the Columbia River near Rowena, Oregon. The permit authorizes the removal of an existing 62-foot by 30-foot concrete boat ramp, three steel pilings, and an 80-foot by 6-foot wood boarding dock, as well as the discharge of up to 129 cubic yards of soil and riprap. In their place, the permit allows the installation of an 88-foot by 26.5-foot precast concrete boat ramp, a 37-foot by 26.5-foot cast-in-place concrete boat ramp, a 140-foot by 6-foot floating aluminum boarding dock, and the discharge of up to 639 cubic yards of base rock and 361 cubic yards of protection riprap. Additionally, the project includes upland improvements such as expanding and reconfiguring the existing parking lot, installing a sidewalk, and relocating an existing vault toilet.

The permit includes numerous special conditions, such as the permittee complying with a Compensatory Non Wetland Mitigation Plan, coordinating with the Confederated Tribes and Bands of the Yakama Nation, and submitting various monitoring reports. The work is authorized to be completed by October 26, 2027 and is subject to requirements of the Endangered Species Act and Clean Water Act.

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Other files

File	Type	Posted
Attachment B Drawings~8.pdf	PDF	Aug 29, 2023
Attachment D Wascoe County Permit.pdf	PDF	Aug 29, 2023
ITB 9964 Boating Facility Improvements at Mayer State Park~1.pdf	PDF	Aug 29, 2023
Attachment A Technical Specifications~11.pdf	PDF	Aug 29, 2023
Attachment D DEQ Permit.pdf	PDF	Aug 29, 2023
BID TAB~3.docx	DOCX document	Aug 29, 2023
Detailed Bid Tab.xlsx	XLSX spreadsheet	Aug 29, 2023
Attachment D DSL Permit.pdf	PDF	Aug 29, 2023
Clarification to questions~1.docx	DOCX document	Aug 29, 2023
Justification - RTI.pdf	PDF	Aug 29, 2023
Addendum 1 to ITB 9964 Boating Facility Improvements at Mayer State Park.docx	DOCX document	Aug 29, 2023
Exibit 1 Bid Pricing Page REVISED 9-15-2023.xlsx	XLSX spreadsheet	Aug 29, 2023
Exibit 1 Bid Pricing Page~11.xlsx	XLSX spreadsheet	Aug 29, 2023
Intent to Award~8.docx	DOCX document	Aug 29, 2023

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NWP-2020-436 Page 1 of 8

DEPARTMENT OF THE ARMY PERMIT

Permittee: Oregon Parks and Recreation Department 725 Summer St, Ste C Salem, OR 97301

Permit No: NWP-2020-436

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:

The permittee is authorized to remove the existing 62-foot by 30-foot concrete boat ramp, remove three steel pilings, remove an 80-foot by 6-foot wood boarding dock, and remove up to 129 cubic yards of soil and riprap prior to discharging fill material to install a new boat launch facility. The new boat launch facility would be located approximately 60-feet west of the existing location and include the installation of an 88-foot by 26.5-foot precast concrete boat ramp, four steel piling, a 37-foot by 26.5-foot cast-in-place concrete boat ramp, four steel piling, a 140-foot by 6-foot floating aluminum boarding dock, discharge up to 639 cubic yards of base rock for the ramp, and discharge up to 361 cubic yards of protection riprap below the ordinary high water mark (OHWM). The cast-in-place concrete boat ramp would be installed above the OHWM. Total impact area below the OHWM is approximately 0.22 acre. Mitigation measures proposed for the increases of structure and fill within the Salisbury Slough include the removal of 30 existing dilapidated timber pilings, discharging clean substrate fill over the removed boat ramp, improvement of stormwater treatment of impervious surfaces, and planting trees along 265 linear feet of streambank.

Additional work would occur in the upland portion of the project area includes the expansion and reconfiguration of the existing parking lot, installing a sidewalk, and relocating the existing vault toilet.

As stated in general condition 4, this authorization does not confer any property rights or privileges, to include Corps property. If you require access to Corps property to complete the work described herein, please contact Ms. Jessica Jones (jessica.t.jones@usace.army.mil) with the Corps Real Estate Division for any necessary authorizations.

NWP-2020-436 Page 2 of 8

Purpose: The project purpose is to provide recreational boat access to the public.

Project Location: The project site is located in the Columbia River (Salisbury Slough) at Mayer State Park, near the City of Rowena, Wasco County, Oregon.

Drawings: Five (5) drawings/figures are attached (Attachment 1).

Permit Conditions:

General Conditions:

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

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

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

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

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

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

26 October 2027

NWP-2020-436 Page 3 of 8

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

Special Conditions:

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

b. 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-2020-436, Wasco County.

c. This Corps permit does not authorize you to take an endangered species, in particular the Upper Columbia River spring-run Chinook salmon (Oncorhynchus tshawytscha), Snake River spring/summer-run Chinook salmon (Oncorhynchus tshawytscha), Snake River fall-run Chinook salmon (Oncorhynchus tshawytscha), Middle Columbia River steelhead (Oncorhynchus mykiss), Upper Columbia River steelhead (Oncorhynchus mykiss), Snake River Basin steelhead (Oncorhynchus mykiss), and Snake River sockeye salmon (Oncorhynchus nerka). In order to legally take a listed species, you must have separate authorization under the Endangered Species Act (ESA) (e.g., an ESA Section 10 permit, or a biological opinion (BO) under ESA Section 7, with “incidental take” provisions with which you must comply). The enclosed BO prepared by the National Marine Fisheries Service (NMFS), dated DATE, contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with the “incidental take” that is also specified in the BO (NMFS Reference Number WCR-2021-01784). Your authorization under this Corps permit is conditional upon your compliance with all of the mandatory terms and conditions associated with incidental take of the attached BO (Attachment 3), which terms and conditions are incorporated by reference in this permit. Failure to comply with the terms and conditions associated with incidental take of the BO, where a take of the listed species occurs, would constitute an unauthorized take, and it would also constitute noncompliance with your Corps permit. The NMFS is the appropriate authority to determine compliance with the terms and conditions of its BO, and with the

ESA.

NWP-2020-436 Page 4 of 8

d. This Corps permit does not authorize you to take an endangered species, in particular the bull trout (Salvelinus confluentus). 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 February 18, 2022, 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 TS21-130). Failure to implement the project as proposed may constitute noncompliance with the ESA and your Corps permit. The USFWS is the appropriate authority to determine compliance with the ESA.

e. Permittee shall have a Qualified Professional Archeologist meeting the requirements of 36 Code of Federal Regulations Part 61 Appendix A present to monitor for archeological objects during all portions of the boat ramp construction related activities and the vault toilet related earthmoving disturbances.

f. If human remains or cultural resources are discovered during the performance of the authorized work the permittee shall implement the Inadvertent Discovery Plan procedures (Attachment 4) and immediately notify the U.S. Army Corps of Engineers, Portland District, Regulatory Branch.

g. Within 90 days of completing earthmoving disturbances, the permittee shall submit a brief monitoring report prepared by the professional archeologist(s) that performed the monitoring to the address on the permit letterhead or by email to cenwp.notify@usace.army.mil that describes the monitoring activities. The monitoring report shall include the following components: the permit number; name(s) and qualification(s) of archeologist(s) that did the monitoring; topographic and aerial map showing area monitored; dates of monitoring; description of activities monitored to include depth; description of cultural material identified or lack thereof; and photos of the monitoring activities.

h. Permittee shall coordinate with and notify the Confederated Tribes and Bands of the Yakama Nation a minimum of 72 hours prior to commencing construction to arrange for a member of their archaeology staff to be present to observe construction. Based on our coordination, you should contact Mr. Gregg Kiona (gregg_kiona@yakama.com) or Mr.

Ian Gray (ian_gray@yakama.com).

i. Permittee shall submit all permittee-responsible mitigation notifications and reports (e.g. as-built report, monitoring reports, site protection documentation) to the U.S. Army Corps of Engineers (Corps), Portland District, Regulatory Branch by e-mail to cenwp.notify@usace.army.mil and the email subject line shall include: NWP-2020-436, Wasco County. If you are submitting files larger than 20 MB, contact your county Regulatory Project Manager for instructions.

NWP-2020-436 Page 5 of 8

j. Permittee shall implement and abide by the mitigation plan, Compensatory Non Wetland Mitigation Plan, Boat Launch Improvements at Mayer State park (Attachment 5). Mitigation shall be constructed before or concurrent with the work authorized by the permit.

k. A status report on the implementation of the authorized work and on the construction of the mitigation shall be submitted annually to the U.S. Army Corps of Engineers (Corps), Portland District, Regulatory Branch by December 31st each year until construction of the mitigation is complete as determined by the Corps.

l. An as-built mitigation construction report and as-built drawings of the mitigation areas shall be submitted upon completion of mitigation construction, in lieu of the status report described in Special Condition “h.”. This report must be submitted to the U.S. Army Corps of Engineers (Corps), Portland District, Regulatory Branch for review and approval.

m. Permittee’s responsibility to complete the required compensatory mitigation as set forth in Special Conditions “f.” through “i.” will not be considered fulfilled until Permittee has demonstrated mitigation success and have received written verification from the U.S. Army Corps of Engineers Portland District, Regulatory Branch.

Further Information:

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

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

(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.

NWP-2020-436 Page 6 of 8

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

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

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

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

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

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

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

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

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.

NWP-2020-436 Page 7 of 8

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.

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, MICHAEL D. HELTON, PMP, COLONEL, CORPS OF

ENGINEERS, DISTRICT COMMANDER:

(DISTRICT COMMANDER) (DATE)

Jaimee W. Davis Acting Policy and Compliance Section Chief, Regulatory Branch

10/25/2022

Darrell Monk Senior Project Manager

25 October 2022

NWP-2020-436 Page 8 of 8

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

BOATING FACILITY IMPROVEMENTS

AT MAYER STATE PARK, COLUMBIA RIVER - MILE 181.1 (LAKE BONNEVILLE)

FOR OREGON STATE PARKS AND RECREATION DEPARTMENT

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WILLAMETTE MERIDIAN, WASCO COUNTY, OREGON

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01. TITLE SHEET TITLE SHEET 02. EXISTING SITE & DEMOLITION PLAN EXISTING SITE & DEMOLITION PLAN 03. PROPOSED SITE PLAN PROPOSED SITE PLAN 04. LAUNCH RAMP PLAN & PROFILE LAUNCH RAMP PLAN & PROFILE 05. LAUNCH RAMP CROSS SECTIONSLAUNCH RAMP CROSS SECTIONS

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CONC. ABUTMENT

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ALUMINUM DOCKS (840 S.F.)

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PAVED PARKING

AutoCAD SHX Text WATER LEVELS OF LAKE BONNEVILLE FLUCTUATE. CAST-IN-PLACE CONCRETE TO BE USED ABOVE ORDINARY HIGH WATER LEVEL, IN THE DRY. NO WET CONCRETE SHALL COME INTO CONTACT WITH THE WATERWAY. WORK AREA TO BE ISOLATED TO COMPLY WITH ENVIRONMENTAL REGULATIONS.

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RIPRAP

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EXISTING RIVERBED

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TRENCH DRAIN

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BASE AGGREGATE TO GRADE

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12" STEEL PILE (TYP. 4 PLCS.) PILE CUTOFF ELEV. 90.25'

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RIPRAP CAPPED WITH COBBLE MATERIAL

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%%ULAUNCH RAMP CROSS SECTIONS

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SCALE IN FEET

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%%UA-A (TYPICAL CAST-IN-PLACE CONCRETE SECTION)

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%%UB-B (TYPICAL PRECAST CONCRETE SECTION)

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%%UC-C (RIPRAP ARMOR AT LAUNCH RAMP TOE)

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CONCRETE ABUTMENT

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CAST-IN-PLACE CONCRETE LAUNCH RAMP

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ORDINARY LOW WATER

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PRECAST CONCRETE LAUNCH RAMP

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EXISTING GROUND

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MIN. 12" THICK BASE ROCK

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ORDINARY HIGH WATER

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RIPRAP ARMOR CAPPED WITH COBBLE

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EXISTING GROUND

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Department of Environmental Quality

Northwest Region Portland Office/Water Quality 700 NE Multnomah Street, Suite 600

Kate Brown, Governor Portland, OR 97232-4100

(503) 229-5263

FAX (503) 229-6957

TTY 711

January 31, 2022

Darrell Monk Oregon Parks & Recreation Dept.

725 Summer St, Ste C Salem, OR 97301

RE: 2020-436; Boat Launch Improvements at Mayer State Park 401 Water Quality Certification

The Department of Environmental Quality (DEQ) has reviewed the U.S. Army Corps of Engineers (USACE) Permit application # 2020-436, pursuant to a request for a Clean Water Act Section 401 Water Quality Certif ication (WQC) received on August 2nd, 2021. DEQ’s 401 WQC public comment opportunity was circulated with the USACE public notice from Dec. 16th, 2020 to Jan. 15th, 2021 and DEQ received no water quality comments.

According to the application, the Oregon Parks and Recreation Department (“the Applicant”) proposes to impact the Columbia River in order to replace an existing boat ramp and construct facility improvements at Mayer State Park. The project is located in the Columbia River, Wasco County, Oregon (Section 2 / Township 2 North / Range 12 East).

Project Description: The project proposes to construct a replacement boat ramp and multi-use dock which will result in approximately 183.7 cubic yards of removal and approximately 1102.5 cubic yards of f ill below the OHW of Salisbury Slough. Most of the proposed net fill will include new base rock under the replacement ramp and associated riprap armoring capped with native stream substrates. The footprint of the lengthened concrete ramp and boarding dock will result in approximately 265 square feet of new impervious surface and approximately 300 square feet of new overwater structure. Proposed mitigation measures to offset these impacts will include removal of 22 existing, timber pilings located within and near the mouth of Salisbury Slough.

Status of Affected Waters of the State: The Columbia River at river mile 181.1 is classified as water quality limited under the Federal Clean Water Act and is listed on the Section 303(d) list of impaired water bodies for E.coli

In addition, the entire Hood River Basin has a TMDL for all perennial streams and fish-bearing intermittent streams for temperature.

The above listed parameters impair the following beneficial uses in the Columbia River: f ish and aquatic life and water contact recreation.

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

NWP-2020-436 Page 1 of 14 Attachment 2 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.

401 WQC 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 Water Quality Certif ication.

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 Dec. 3rd, 2020 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 Water Quality Certif ication for impacts to waters, including dredge and fill activities, is valid for f ive 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. Post construction stormwater facilities must be maintained for the life of the facility.

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 Water Quality Certif ication 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-2020-436 Page 2 of 14 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 certif ication conditions, including:

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

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) 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.

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;

NWP-2020-436 Page 3 of 14 Attachment 2 https://www.oregon.gov/deq/FilterPermitsDocs/ErosionSedimentControl.pdf https://www.oregon.gov/deq/wq/wqpermits/Pages/Stormwater-Construction.aspx

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

i. Upon completion of construction activities, stormwater facilities must be inspected and adequately prepared for post-construction stormwater treatment.

j. Upon completion of construction activities, stormwater facilities must be tested to ensure they are working and adequately prepared for post-construction stormwater treatment.

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;

NWP-2020-436 Page 4 of 14 Attachment 2

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

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 and store vehicles and equipment, and must store 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 f luid 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.

NWP-2020-436 Page 5 of 14 Attachment 2

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.

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 f ish 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

NWP-2020-436 Page 6 of 14 Attachment 2

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

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 facilites 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 facilites 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.

NWP-2020-436 Page 7 of 14 Attachment 2 https://www.oregon.gov/deq/wq/wqpermits/Pages/Pesticide.aspx

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

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_Guidelines_for_Timing_of_%20InWat er_Work2008.pdf) or as authorized otherwise under a Department of State Lands removal/f ill 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.

19) 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.

20) Cessation of Work: The Applicant must cease project operations under high-flow conditions that will result in inundation of the project area.

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated Apr 3, 2024.