Attachment_J7_SWPPP_Template.docx

Crooked River Valley Rehabilitation

Stormwater Pollution Prevention Plan (SWPPP)

For Construction Activities At:

Crooked River Valley Rehabilitation Project, Crooked River, Idaho Red River Ranger District, 416 USFS Dr, Elk City, Idaho, 83525

SWPPP Prepared For:

USDA Nez Perce Clearwater National Forest Red River Ranger District, 416 USFS Dr, Elk City, Idaho, 83525

SWPPP Prepared By:

Nez Perce Tribe DFRM Watershed Division Jenifer Harris 416 West Main Ste 2 Grangeville, ID 83530

SWPPP Preparation Date:

11/16/2020

Estimated Project Dates:

Project Start Date: 06/01/2016 Project Completion Date: 11/30/2021

Contents

SECTION 1: CONTACT INFORMATION/RESPONSIBLE PARTIES

1.1 Operator(s) / Subcontractor(s)

Operator(s):

Subcontractor(s):

Emergency 24-Hour Contact:

1.2 Stormwater Team

Insert Role or Responsibility: Project Manager/ Inspector

Insert Position: Project Manager Insert Name: Jenifer Harris

Insert Telephone Number: 208-983-1290

Insert Email: jeniferh@nezperce.org

Insert Role or Responsibility: COR

Insert Position: Engineer Insert Name: Jamey Stogsdill

Insert Telephone Number:

Insert Email:

Insert Role or Responsibility: Inspector

Insert Position: Forest Engineer Insert Name: Susan Graves

Insert Telephone Number:

Insert Email: sgraves@fs.fed.gov

Insert Role or Responsibility: Inspector

Insert Position: Project Assistant Insert Name: Jarrod Crow

Insert Telephone Number: 208-983-1290

Insert Email: jarrodc@nezperce.org

SECTION 2: SITE EVALUATION, ASSESSMENT, AND PLANNING

2.1 Project/Site Information

Crooked River Valley Rehabilitation Crooked River Road (FS 233) Elk City, Idaho Idaho County

Project Latitude/Longitude Latitude:

1.45 º48 38.72'' N (degrees, minutes, seconds) Longitude:

1.115 º31 '41.92'' W (degrees, minutes, seconds)

Method for determining latitude/longitude: Google Earth

Additional Project Information Is the project/site located on Indian country lands, or located on a property of religious or cultural significance to an Indian tribe? |_| Yes X No

If yes, provide the name of the Indian tribe associated with the area of Indian country (including the name of Indian reservation if applicable), or if not in Indian country, provide the name of the Indian tribe associated with the property: Nez Perce Tribe

Are you applying for permit coverage as a “federal operator” as defined in Appendix A of the 2017 CGP? X Yes |_| No

2.2 Discharge Information

Does your project/site discharge stormwater into a Municipal Separate Storm Sewer System (MS4)? Yes X No

Are there any surface waters that are located within 50 feet of your construction disturbances?

X Yes No

Table 1. Name of Receiving Waters.

Name(s) of the first surface water that receives stormwater directly from your site and/or from the MS4 (note: multiple rows provided where your site has more than one point of discharge that flows to different surface waters)

1. Crooked River

Table 2 – Impaired Waters / TMDLs

X YES

NO

Crooked River has an approved TMDL for sediment and temperature.

Table 3 – Tier 2, 2.5, or 3 Waters

Is this surface water designated as a Tier 2, Tier 2.5, or Tier 3 water?

(see Appendix F) If you answered yes, specify which Tier (2, 2.5, or 3) the surface water is designated as?

2.3 Nature of the Construction Activity

General Description of Project During the 1930s through 1950s the entire main stem of Crooked River was heavily impacted by dredge mining, which left large tailings piles and deep ponds throughout the valley bottom. Physical changes to the valley bottom have altered stream and riparian processes, and have affected aquatic and terrestrial habitat conditions that resulted in degraded ecosystem conditions relative to historic conditions. The lower 2.0 miles have been altered so drastically that hydrologic and geomorphic condition resemble that of a spring-fed creek instead of a snow-melt dominated system, instream complexity is low, the majority of the streambed is armored, and the recolonization of native riparian vegetation has been impaired.

Phase 4 includes grading 4 acres of tailings piles to create floodplain, diverting the river into the new channel, backfilling the bypass channel, installing 2 large wood structures and bank stability structures, and

Planting is also included in this phase and has a separate drawing set titled Crooked River Valley Rehabilitation Planting Plan. Approximately 4,700 plants ranging from 8-gallon to 2-gallon will be planted. About 6,950 linear feet of bank stability structures will receive planting while the structures are being installed. An additional 1500 feet of 18”-deep trenches shall be dug along the river and side channel for planting.

Size of Construction Project: PHASE 4

Total Site Acres- 16 acres Acres of Disturbance – 15 acres Pre-Construction Impervious Areas- 0 acres Post-Construction Impervious Areas- 0 acres

2.4 Sequence and Estimated Dates of Construction Activities

Instructions (see CGP Part 7.2.5):

Construction sequencing as follows:

2.5 Allowable Non-Stormwater Discharges

Table 5. List of allowable non-stormwater discharges present at the site.

2.6 Potential pollutants from construction activities and associated BMPs.

Table 6. Potential pollutants from construction activities and associated BMPs.

2.6 Site Maps

SECTION 3: DOCUMENTATION OF COMPLIANCE WITH OTHER FEDERAL REQUIREMENTS

3.1 Endangered Species Protection

Eligibility Criterion

Under which criterion listed in Appendix D are you eligible for coverage under this permit?

|_| A |_| B |_| C |_| D X E

The Biological Opinions from the USFWS and NMFS for this project area found in Appendix B.

3.2 Historic Preservation

The proposed project will adversely affect Historic/Cultural resources. The USFS has consulted with SHPO and has concurred with the proposed mitigation measures for this project. The SHPO concurrence documentation is provided in Appendix C.

SECTION 4: EROSION AND SEDIMENT CONTROLS

4.1 Natural Buffers or Equivalent Sediment Controls

This project qualifies for one of the exceptions in Part 2.1.2.1.e.

Buffer Exceptions

X Buffer disturbances are authorized under a CWA Section 404 permit. The project proposes to regrade a floodplain and develop a new river channel. A bypass channel and levee will be constructed to separate flowing water from the construction area. The 404 authorization covers these actions as well as filling wetlands within the floodplain.

The Contractor shall:

· Place silt fences, straw bales, straw wattles, or other sediment barriers prior to construction to reduce the potential for sediment to enter stream directly or indirectly, including from roads and ditches.

· Appropriate stormwater prevention techniques including, but are not limited to, the following measures: site preparation impacts minimization and earth moving related erosion minimization. These measures would be implemented in association with all activities within the action area, including all waste and source material sites.

· Identify site clearing, staging areas, access routes, stockpile areas, and material handling areas to minimize overall disturbance, minimize disturbance to riparian vegetation, and preclude sediment delivery to stream channels.

· Keep on hand a supply of erosion control materials (e.g., silt fence and wattles) to respond to sediment emergencies or as general maintenance of erosion control structures.

· Ensure that all erosion control materials are certified weed free, including straw bales, wattles, straw, and seed mixes.

· Confine ground‐disturbing activities to the minimum area necessary to complete the project.

· Prepare construction site when a threat of storm activity is foreseen. Halt activities when erosion to live water may occur.

· Monitor and inspect erosion controls and repair, replace, or install new erosion control measures as necessary to control erosion.

· Use methods of dewatering, excavation, and stockpiling earth and rock materials which include prevention measures to control erosion and intercept and settle runoff of sediment laden waters.

4.3 Sediment Track-Out

General

A temporary haul road, which also serves as the levee, will be used during construction activities to reduce the amount of sediment that leaves the construction site. The project site is primarily composed of granite cobbles and gravels rather than clay or loam. The Crooked River Road (233) is a gravel road and there are no impermeable surfaces within or adjacent to the project area.

4.4 Stockpile Control

General Contractor shall provide measures to prevent stockpile erosion during rain events or when the stockpile site is not moved or reshaped for more than 48 hours, by surrounding piles with compost berms, covering piles with impervious materials or other equally effective methods.

Stockpiled Sediment/Soil Control Description

· Erosion control measures shall be in place prior to commencing construction.

· If inspection shows that the erosion controls are ineffective, work crews will be mobilized immediately to make repairs, install replacements, or install additional controls as necessary.

· Contractor shall provide measures to prevent movement of soil into waterways or wetlands, e.g. filter bags, sediment traps or catch basins, vegetative strips, berms, jersey barriers, fiber blankets, bonded fiber matrices, geotextiles, mulches or compost, wattles and sediment fences.

· Contractor shall have an emergency supply of sediment control mats on hand (silt fence, straw bales, etc.).

· Contractor shall provide measures to prevent stockpile erosion during rain events or when the stockpile site is not moved or reshaped for more than 48 hours, by surrounding piles with compost berms, covering piles with impervious materials or other equally effective methods.

· Contractor shall install removable pads or mats to prevent soil compaction in all temporary construction access points and staging areas in riparian or wetland areas.

· Sediment must be removed from erosion controls once it has reached 1/2 of the exposed height of the control.

· During construction, all erosion controls shall be inspected by the contractor daily to ensure they are working adequately.

4.5 Minimize Dust

· Use water to reduce dust from use of the levee as a temporary haul road. Water drafting would follow NMFS water drafting guidelines (NMFS 2011). Water drafting would be from settling basins or ponds. Water will be applied to the project site if dust is visible or as requested by the US Forest Service.

4.6 Minimize the Disturbance of Steep Slopes

· Steep slopes in the project area will not be disturbed to the extent practicable. Steep slopes occur between the bypass channel and 233 road. Work will be minimized on these slopes.

· Erosion control structures, including waddles, silt fences, and straw bales will be placed at the base of any steep slope to reduce the potential of erosion into live water.

· Disturbed steep slopes will be seeded with a native annual rye mix or have mulch placed on the slopes.

4.7 Topsoil/Vegetative Fill

Soil sources in the project area have been identified and mapped. Soil found will be removed, unless in a preservation area, and stockpiled in a designated area for later use as described in the sediment stockpile section.

4.8 Soil Compaction

Soil compaction in the project area will be avoided by using the temporary haul road during construction phasing.

4.9 Sediment Basins

Settling basins will be constructed within the construction area, if needed, and will be separated from live water. The settling basins will not have outlets that discharge to the river or wetlands. Since the substrate in the construction area is porous, there is the potential for water and sediment to leak from the ponds. If noticeable sediment is leaking from the settling basins into the river, then the settling pond will be moved or not used.

4.10 Dewatering Practices

General Contractor will develop a “Dewatering Plan” by to be submitted to the Forest Service for approval.

Dewatering Practice Dewatering Practice Description Contractor will maintain one 6” as well as one 4” pump on site. Turbid water to be pumped to low lying areas and floodplain swales in newly constructed floodplain.

Installation July XX, 2020

Maintenance Requirements The USFS and Nez Perce Tribe will monitor turbidity in the main channel during implementation. If turbidity approaches 50 NTUs, the government will work with the contractor to reduce turbidity levels, which may cause short delays in construction.

4.11 Site Stabilization

Site Stabilization Practice (only use this if you are not located in an arid, semi-arid, or drought-stricken area)

Description of Practice

· Grass seeding

· Sod salvage

· Clump planting

· Planting 16 acres of large native plants

Installation

· Seeding will occur in the late fall (October) upon completion.

· Sod will be salvaged and placed on the streambanks to reduce erosion potential.

· The Government will direct the clump planting placement.

· A planting design has been developed for the planting location of 4,700 8-gallon, 5-gallon, and 2-gallon plants.

Maintenance Requirements

· Areas will be reseeded and replanted, as necessary, until vegetation is established.

SECTION 5: POLLUTION PREVENTION STANDARDS

Construction Site Pollutants Instructions (see CGP Part 7.2.7):

Pollution sources from construction activities could include petroleum products from heavy equipment, fuel, etc.

Table 8. Construction site pollutants.

(that could be discharged if exposed to stormwater) Location on Site (or reference SWPPP site map where this is shown)

5.2 Spill Prevention and Response

· Oil‐absorbing floating booms and other equipment, such as absorbent pads appropriate for the stream size, would be available onsite during all construction phases. Booms would be placed in a location that facilitates an immediate response to potential petroleum leakage.

· Dry methods of cleanup will be used where possible, and the source of the spill will be eliminated.

· Spill containment kits (including instructions for cleanup and disposal) adequate for the types and quantity of hazardous materials used at the site would be available at the work site.

· Workers would be trained in spill containment procedures and would be informed of the location of spill containment kits.

· Where a leak, spill, or other release containing a hazardous substance or oil in an amount equal to or in excess of a reportable quantity established under either 40 CFR Part 110, 40 CFR Part 117, or 40 CFR Part 302 occurs during a 24-hour period, the National Response Center (NRC) at (800) 424-8802 or will be notified in accordance with the requirements of 40 CFR Part 110, 40 CFR Part 117, and 40 CFR Part 302, immediately. Within 7 calendar days of knowledge of the release, a description of the release, the circumstances leading to the release, and the date of the release will be provided.

5.3 Fueling and Maintenance of Equipment or Vehicles

General Methods to minimize fuel and/or oil leakage from construction equipment into the stream channel and measures taken in the case heavy metals are found would include the following:

· All equipment used for in‐stream work would be cleaned of external oil, grease, dirt, and mud and leaks would be repaired prior to arriving at the project site. All equipment would be inspected before unloading at site. Any leaks or accumulations of grease would be corrected before entering streams or areas that drain directly to streams or wetlands. Drip pans would be used in staging areas if equipment is leaky, and the equipment would be fixed immediately. Equipment shall not have damaged hoses, fittings, lines, or tanks with the potential to release pollutants into any waterway.

· Oil and oily waste will be recycled in accordance with federal and state requirements.

· Gas-powered equipment with tanks larger than 5 gallons would be refueled in a vehicle staging area placed 150-feet or more from a natural waterbody or wetland, or in an isolated hard reach, such as an established road. Equipment used for in‐stream or riparian work would be fueled and serviced in an established staging area. When not in use, vehicles would be parked in the designated staging area.

· Fuel storage will be in a secondary storage containment that holds 125% of the amount of stored material.

· All vehicles and other mechanized equipment would be inspected daily for fluid leaks before leaving the vehicle staging and thoroughly cleaned before operation below ordinary high water, and as often as necessary during operation, to remain grease free.

· A description of hazardous materials that would be used, including inventory, storage, and handling procedures would be available on-site.

· Written procedures for notifying environmental response agencies would be posted at the work site.

· Any waste liquids generated at the staging areas would be temporarily stored under an impervious cover, such as a tarpaulin, greater than 150 feet from water until they can be properly transported to and disposed of at a facility that is approved for receipt of hazardous materials.

Staging Area The following procedures apply to all of the staging areas:

· Staging areas (used for construction equipment storage, vehicle storage, fueling, servicing, and hazardous material storage) would be 150-feet or more from any natural water body or wetland, or on an adjacent, established road area in a location and manner that would preclude erosion into or contamination of the stream or floodplain.

· Natural materials used for implementation of aquatic restoration, such as large wood, gravel, and boulders, may be staged within the 100-year floodplain.

· Any large wood, topsoil, and native channel material displaced by construction would be stockpiled for use during site restoration at a specifically identified and flagged area.

· Any material not used in restoration, and not native to the site would not be stored in the 100-year floodplain.

5.5 Diesel Fuel, Oil, Hydraulic Fluids, Other Petroleum Products, and Other Chemicals

· Chemical containers shall be properly stored on-site to ensure that they are not exposed to rain events. Empty containers shall be properly disposed of off-site at an approved facility. Equipment maintenance and refueling areas are to be located away from storm water conveyance channels and surface waters. A Spill Prevention Control and Countermeasure Plan (SPCC) must be provided by the Contractor if on-site temporary fuel tanks exceed 660 gallons or if the combined storage is above 1320 gallons.

5.6 Sanitary Waste

· Temporary sanitary waste facilities will be provided and maintained by the contractor. Waste facilities will be cleaned and disposed of as approved by IDEQ.

5.7 Washing of Equipment and Vehicles

Instructions (see CGP Parts 2.3.3.2 and 7.2.11):

General All equipment shall be washed prior to mobilization to the Forest to minimize the introduction of foreign materials and fluids to the project site. All equipment shall be free of oil, hydraulic fluid, and diesel fuel leaks. To prevent invasion of noxious weeds or the spread of whirling disease spores, all equipment shall be power washed or cleaned to remove all dirt, plant parts and material prior to mobilization. Truck beds and dump boxes hauling to the project site shall also be cleaned prior to entering the Forest. It will be the Contractor's responsibility to ensure that adequate measures have been taken. Equipment shall be inspected by the designated COR or Inspector prior to mobilizing to the Forest. Only construction equipment inspected by the Forest Service will be allowed to operate within the project area.

Specific Pollution Prevention Practices

Pollution Prevention Practice #1 Contractor to establish a central refueling location 150' from stream and other bodies of water upon mobilization to the project. All equipment will be refueled and greased/serviced in this location. Spill kits will be kept on hand at this location.

Employees will be trained to closely monitor fuel nozzle during refueling and to clean excess grease from equipment prior to daily use. Employees will also complete a daily inspection of equipment looking for leaks or wear that might cause issue.

Pollution Prevention Practice #2 Excavator used to construct large wood structures will utilize a fish friendly hydraulic fluid, Chevron Clarity AW46. All equipment will be greased with bio-friendly UltraLube Multi-Purpose Grease.

SECTION 6: INSPECTION AND CORRECTIVE ACTION

6.1 Inspection Personnel and Procedures

Personnel Responsible for Inspections

Name:

Title: President, Glacier Excavating, Inc.

Name:

Title:

Name:

Title:

Name: Jenifer Harris Title: Project Manager/Inspector, Nez Perce Tribe

Note: All personnel conducting inspections must be considered a “qualified person.” CGP Part 4.1.1 clarifies that a “qualified person” is a person knowledgeable in the principles and practices of erosion and sediment controls and pollution prevention, who possesses the skills to assess conditions at the construction site that could impact stormwater quality, and the skills to assess the effectiveness of any stormwater controls selected and installed to meet the requirements of this permit.

Inspection Schedule Specific Inspection Frequency Inspection of the temporary and permanent controls will be conducted at a minimum of once every seven days and within 24 hours of a 0.5 inch rain event or greater. The inspector will have knowledge and experience in the installation and maintenance of the controls and permit requirements.

A report will be completed for each inspection indicating the controls that have been installed, controls needing to be installed, maintenance required and indication that maintenance has occurred. All preventative and remedial maintenance work will be conducted within three days of the inspection. Required maintenance work of the setting basins will occur within 10 days of the inspection. If erosion controls fail to perform as expected, modifications of the controls or replacement BMPs will be used. The permittee will maintain the reports for a period of three years after the Notice of Termination form has been submitted.

6.2 Corrective Action

Personnel Responsible for Corrective Actions: Corrective actions will be directed by the CO and COR.

New, modified, or repaired BMPs will be completed no later than 7 calendar days from the time of discovery. If it is infeasible to complete the installation or repair within 7 days, the reasons for not meeting this time frame will be recorded in the project records. The record will also document what actions will be taken, and the new schedule for making the BMPs operations as soon as practicable.

6.3 Delegation of Authority

Duly Authorized Representative(s) or Position(s):

Insert Company or Organization Name:

Name:

Position:

Address:

City, State, Zip Code:

Telephone Number:

Fax/Email:

SECTION 7: CERTIFICATION AND NOTIFICATION

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

Name:

Title:

Signature:

Date:

Appendix A: Amendments to SWPPP

Appendix B. NOAA, USFWS Biological Opinion Letters.

19 | Page

The following memo to the file serves as NMFS' verification that extending the Crooked River Valley Rehabilitation Project through 2021 will not result in reinitiation of consultation.

November 13, 2020 Memo To The File Re: Reinitiation of the Crooked River Valley Rehabilitation Project, June 17, 2015 (NMFS No: WCR-2014-1389)

This letter responds to the Nez Perce-Clearwater National Forest’s (NPCNF) September 24, 2020 request for a time extension for completing the Phase 4 and Option 1 (Bank 1) elements of the Crooked River Valley Rehabilitation Project (Project). A biological opinion (Opinion) was issued to the NPCNF and U.S. Army Corps of Engineers on June 17, 2015 (NMFS No: WCR-2014-1389). In the Opinion, the National Marine Fisheries Service (NMFS) determined that the action was not likely to jeopardize the continued existence of the Snake River Basin steelhead or result in the destruction or adverse modification of designated critical habitat for Snake River Basin steelhead.

In the Opinion's incidental take statement (ITS), take is allowed for turbidity and fish salvage. Table 7 summarizes the analysis of expected non-lethal and lethal take of juvenile steelhead for all years and phases of the Project. The analysis and Table 7 include allowances for two seasonal overtoppings of the diversion which would necessitate the repeat salvage of previously dewatered areas. Take exceedances are based on the project life totals for non-lethal (total 696) and lethal (total 108) take.

On November 2, 2020, Jenifer Harris (Nez Perce Tribe), the project manager, furnished an enumerated report of non-lethal (29) and lethal (0) take for all ongoing and completed phases of the project to date. In addition, the diversion overtopped only once in 2019, which is well within the Opinion’s analysis of two overtopping episodes. Because take exceedance is based on cumulative totals of juvenile steelhead for the life of the project, and reported take is far below exceedance limits for both non-lethal and lethal take, effects to date are well within those previously considered in the Opinion. Because take in the opinion is event and phase based, rather than time based, extending Phase 2 and Option 1 into 2021 is also within the effects previously considered in the Opinion.

Take limits due to turbidity are based on the turbidity event extent, duration, and intensity. These limits were analyzed for each anticipated turbidity event based on phases and options in the proposed action. Because Phase 4 and Option 1 were included in the analysis but have not occurred yet, assuming turbidity monitoring protocols in the ITS for these events are followed, effects from these events were previously considered in the consultation.

After reviewing the 2015 Opinion and the 2020 correspondence and project report, NMFS has concluded that reinitiation of consultation is not warranted because the continuing action will not result in any effects to Snake River Basin steelhead or their critical habitat that were not previously considered, nor result in additional take exempted in the 2015 Opinion’s ITS. The incidental take exemption, terms and conditions, and mitigation measures in the 2015 consultation will remain in effect through 2021.

As noted in the 2015 Opinion, the NPCNF and U.S. Army Corps of Engineers must reinitiate consultation on this action if: (1) The amount or extent of incidental taking specified in the ITS is exceeded; (2) new information reveals effects of the agency action that may affect listed species or critical habitat in a manner or to an extent not considered in this opinion; (3) the agency action is subsequently modified in a manner that causes an effect on the listed species or critical habitat that was not considered in this opinion; or (4) a new species is listed or critical habitat designated that may be affected by the action. The 2015 Magnuson-Stevens Fishery Conservation and Management Act consultation included seven conservation recommendations to avoid, minimize, or otherwise offset potential adverse effects on essential fish habitat. These conservation recommendations remain in effect through 2021.

Please direct questions regarding this memo to Aurele LaMontagne, Northern Snake Branch at (208) 378-5686 or email aurele.lamontagne@noaa.gov.

Aurele LaMontagne

Appendix C. SHPO Determination Letter.

EPA SWPPP Template, Version 1.0

Appendix C: Subcontractor Certifications/Agreements

SUBCONTRACTOR CERTIFICATION

STORMWATER POLLUTION PREVENTION PLAN

Project Number:

Project Title:

Operator(s):

As a subcontractor, you are required to comply with the Stormwater Pollution Prevention Plan (SWPPP) for any work that you perform on-site. Any person or group who violates any condition of the SWPPP may be subject to substantial penalties or loss of contract. You are encouraged to advise each of your employees working on this project of the requirements of the SWPPP. A copy of the SWPPP is available for your review at the office trailer.

Each subcontractor engaged in activities at the construction site that could impact stormwater must be identified and sign the following certification statement:

I certify under the penalty of law that I have read and understand the terms and conditions of the SWPPP for the above designated project and agree to follow the practices described in the SWPPP.

This certification is hereby signed in reference to the above-named project:

Company:

Address:

Telephone Number:

Type of construction service to be provided:

Signature:

Title:

Date:

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