A001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

N/A

PAGE

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE NO. 5. PROJECT NO. (If applicable)

A001 12/13/2016 N/A See Block 14

6. ISSUED BY CODE N/A 7. ADMINISTERED BY (If other than Item 6) CODE N/A

Department of Transportation Federal Highway Administration 610 East Fifth Street Vancouver WA 98661-3801

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and Zip Code) 9A. AMENDMENT OF SOLICITATION NO.

X DTFH70-16-B-00019

9B. DATED (SEE ITEM 11)

11/29/2016

10A. MODIFICATION OF CONTRACT/ORDER NO.

N/A

10B. DATED (SEE ITEM 13)

CODE: N/A FACILITY CODE: N/A

N/A

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

| X | The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

(__ ) is extended, ( x ) is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

N/A

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A THIS CHANGE ORDER IS ISSUED PURSUANT TO (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN

ITEM 10A.

N/A

B THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (Such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

N/A

C THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

N/A

D OTHER (Specify type of modification and authority)

N/A

E. IMPORTANT: Contractor n/a is not, n/a is required to sign this document and return n/a copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

OR DOT CRGNSA 100(1) Historic Columbia River Highway State Trail, OR DOT CRGNSA 100(3), Historic Columbia River Highway Summit Creek Viaduct, & OR HOODRIVER 18(1), Wyeth Trailhead

Amendment A001 is issued to add a Permit to H Section. The attached revises page H-112 through H-114.

ENCLOSURES: Page H-112 through H-162

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15a. NAME AND TITLE OF SIGNER (Type or print) 15a. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

N/A

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

BY_________________________________________ BY N/A___________________________ N/A (Signature of person authorized to sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070

PREVIOUS EDITION NOT USABLE

30-105 STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS, PORTLAND DISTRICT

P.O. BOX 2946

PORTLAND, OREGON 97208-2946

November 21, 2016

Regulatory Branch Corps No. NWP-2016-140

Heather Wills Federal Highway Administration 610 East 5th Street Vancouver, WA 98661

Dear Ms. Wills:

The U.S. Army Corps of Engineers (Corps) received your request for Department of the Army authorization to discharge fill material into waters of the U.S. to facilitate construction of the Historic Columbia River Highway State Trail. The project is located just south of Interstate 84 between Gorton Creek and Lindsey Creek near Hood River, Hood River County, Oregon (Latitude/Longitude: 45.6892° N, -121.7734° E to 45.6876° N, -121.7144° E). This letter verifies your project as depicted on the enclosed drawings (Enclosure 1) is authorized by Nationwide Permit (NWP) No. 14, Linear Transportation Projects (Federal Register, February 21, 2012, Vol. 77, No. 34).

More specifically, the project will include the following components:

• Install a new 12-foot wide by 80.75-foot long pedestrian bridge over Gorton Creek. The bridge footings and abutments will be located outside the stream, but their installation to the appropriate depth will require encroachment into the stream, including the excavation and discharge of 106 cubic yards (CY) of dredged material (native substrate) within 272 square feet of Gorton Creek.

• Construct a new 125-foot long rock revetment to stabilize and armor the trail embankment at its intersection with Harphan Creek. The new revetment will include the placement of 23 CY of riprap over 241 square feet of Harphan Creek.

In addition, approximately 23 CY of native streambed material will be removed to key in the riprap and 6 CY of that material replaced over 312 square feet of the creek after the riprap is installed.

• Install a new 18-inch diameter by 72-foot long round culvert at a new trail crossing of stream “D-1”, a small unnamed tributary of the Columbia River. The new culvert will require the excavation and discharge of 2.7 CY of fill over 72 square feet of the stream.

H-112

Permit Project: OR DOT CRGNSA 100(1), Historic Columbia River Highway State Trail OR DOT CRGNSA 100(3), Historic Columbia River Highway Summit Creek Viaduct OR HOODRIVER 18(1), Wyeth Trailhead

• Remove a 15.3-foot segment of an existing 66-inch diameter culvert in Summit Creek and replace it with a new 19.5-foot section of pipe and wing walls. The partial culvert replacement and extension by 4.2 feet will require the excavation and discharge of 11 CY of fill material over 117.2 square feet of the stream in total.

In order for this authorization to be valid, you must ensure the work is performed in accordance with the enclosed Portland District NWP Regional Conditions (Enclosure 2);

the NWP General Conditions (Enclosure 3); the Oregon Department of Environmental Quality (DEQ) 401 Water Quality Certification General Conditions (Enclosure 4) and the following special conditions:

a) The lead Federal action agency Federal Highway Administration (FHWA) has determined the proposed project may affect species protected by the Endangered Species Act and Essential Fish Habitat for salmon species as designated under the Magnuson-Stevens Fishery Conservation and Management Act. The FHWA utilized a programmatic biological opinion to assess compliance with these laws and provide coverage for incidental take.

The biological opinion is titled Endangered Species Act Programmatic Biological Opinion and Magnuson-Stevens Fishery Conservation Management Act Essential Fish Habitat Response for the Federal-Aid Highway Program in the State of Oregon, issued by National Marine Fisheries Service (NMFS) on November 28, 2012. The Corps recommends that you review the programmatic biological opinion in its entirety. Please contact us for a copy of the complete opinion.

b) Permittee shall fully implement all applicable nondiscretionary Terms and

Conditions of the Reasonable and Prudent Measures of the FHWA programmatic biological opinion, as referenced above.

c) Permittee shall notify the FHWA and the Corps if the project changes in scope or is otherwise modified. The FHWA is required to reinitiate consultation on this action where discretionary Federal involvement or control over the action has been retained or is authorized by law and (a) the amount or extent of taking specified in the Incidental Take Statement is exceeded, (b) new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered, (c) the identified action is subsequently modified in a manner that has an effect to the listed species or critical habitat that was not considered in the biological opinion; or (d) a new species is listed or critical habitat designated that may be affected by the identified action (50 CFR 402.16).

H-113

Permit Project: OR DOT CRGNSA 100(1), Historic Columbia River Highway State Trail

We have reviewed your project pursuant to the requirements of the Endangered Species Act, the Magnuson-Stevens Fishery Conservation and Management Act and the National Historic Preservation Act. We have determined the project complies with the requirements of these laws provided you comply with all of the permit general and special conditions.

The authorized work appears to comply with the DEQ 401 Water Quality Certification and the DLCD Coastal Zone Management Act concurrence for this NWP.

No further coordination with DEQ or DLCD is required provided the work is performed in accordance with all of the enclosed conditions.

We have prepared and enclosed a Preliminary Jurisdictional Determination (JD), which is a written indication that wetlands and waterways within your project area may be waters of the U.S. (Enclosure 5). Such waters have been treated as jurisdictional waters of the U.S. for purposes of computation of impacts and compensatory mitigation requirements. If you concur with the findings of the Preliminary JD, please sign and return it to the letterhead address prior to construction. If you believe the Preliminary JD is inaccurate, you may request an Approved JD, which is an official determination regarding the presence or absence of waters of the U.S. The enclosed Notification of Administrative Appeal Options and Process and Request for Appeal describes options regarding Preliminary and Approved JDs (Enclosure 6). If an Approved JD is requested, please be aware that we may require the submittal of additional information to complete an Approved JD and work authorized in this letter may not occur until the Approved JD has been finalized.

The verification of this NWP is valid until March 18, 2017, unless the NWP is modified, reissued, or revoked prior to that date. If the authorized work has not been completed by that date and you have commenced or are under contract to commence this activity before March 18, 2017, you will have until March 18, 2018, to complete the activity under the enclosed terms and conditions of this NWP. If the work cannot be completed by March 18, 2018, you will need to obtain a new NWP verification or authorization by another type of Department of the Army permit.

Our verification of this NWP is based on the project description and construction methods provided in your permit application. You are cautioned that any change in the location or plans of the work will require submittal of revised plans to this office for approval prior to accomplishment. Failure to comply with all terms and conditions of this NWP verification invalidates this authorization and could result in a violation of Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act. You must also obtain all local, State, and other Federal permits that apply to this project.

H-114

Project: OR DOT CRGNSA 100(1), Historic Columbia River Highway State Trail

Upon completing the authorized work, you must fill out and return the enclosed Compliance Certification form (Enclosure 7). We would like to hear about your experience working with the Portland District, Regulatory Branch. Please complete a customer service survey form at the following address:

http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey.

If you have any questions regarding this NWP verification, please contact Peter

Olmstead at the letterhead address, by telephone at (541) 962-0401, or email peter.d.olmstead@usace.army.mil.

FOR THE COMMANDER, JOSE L. AGUILAR, COLONEL, CORPS OF ENGINEERS,

DISTRICT COMMANDER:

Shawn H. Zinszer Chief, Regulatory Branch

Enclosures cc:

Oregon Department of State Lands (Hartman) Oregon Department of Environmental Quality (Nayar)

H-115

Project: OR DOT CRGNSA 100(1), Historic Columbia River Highway State Trail OR DOT CRGNSA 100(3), Historic Columbia River Highway Summit Creek Viaduct OR HOODRIVER 18(1), Wyeth Trailhead http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey mailto:peter.d.olmstead@usace.army.mil g2odgmjw Typewritten Text

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Permit Project: OR DOT CRGNSA 100(1), Historic Columbia River Highway State Trail OR DOT CRGNSA 100(3), Historic Columbia River Highway Summit Creek Viaduct OR HOODRIVER 18(1), Wyeth Trailhead smader Text Box

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H-119

Permit Project: OR DOT CRGNSA 100(1), Historic Columbia River Highway State Trail

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H-120

Permit Project: OR DOT CRGNSA 100(1), Historic Columbia River Highway State Trail

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Permit Project: OR DOT CRGNSA 100(1), Historic Columbia River Highway State Trail

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Permit Project: OR DOT CRGNSA 100(1), Historic Columbia River Highway State Trail

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H-123

Permit Project: OR DOT CRGNSA 100(1), Historic Columbia River Highway State Trail

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H-124

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Permit Project: OR DOT CRGNSA 100(1), Historic Columbia River Highway State Trail

NWP-2016-140 1 of 7 Enclosure 2

2012 Nationwide (NWP) Regional

Permit Conditions Portland District

The following Nationwide Permit (NWP) regional conditions are for the Portland District Regulatory Branch boundary. Regional conditions are placed on NWPs to ensure projects result in less than minimal adverse impacts to the aquatic environment and to address local resource concerns.

ALL NWPs –

1. High Value Aquatic Resources: Except for NWPs 3, 20, 27, 32, 38, and 48, any activity that would result in a loss of waters of the United States (U.S.) in a high value aquatic resource is not authorized by NWP.

High value aquatic resources in Oregon include bogs, fens, wetlands in dunal systems along the Oregon coast, native eel grass (Zostera marina) beds, kelp beds, rocky substrate in tidal waters, marine reserves, marine gardens, vernal pools, alkali wetlands, and Willamette Valley wet prairie wetlands.

NOTE: There are other types of wetlands in Oregon, such as mature wooded wetlands and tidal swamps, which are also considered as providing high value and functions to the State’s aquatic ecosystems. Impacts to these waters will be evaluated on a case-by-case basis for potential authorization under a Nationwide Permit. For more information about the State’s Wetlands of Conservation Concern” please visit http://www.oregon.gov/dsl/PERMITS/docs/ wetland_cons_concern.pdf.

2. Cultural Resources and Human Burials- Inadvertent Discovery Plan: In addition to the requirements in NWP General Conditions 20 and 21 permittee shall immediately notify the Portland District Engineer if at any time during the course of the work authorized, human burials, cultural items, or historic properties, as identified by the National Historic Preservation Act and Native American Graves Protection and Repatriation Act, are discovered. The permittee shall implement the following procedures:

a. Immediately cease all ground disturbing activities.

b. Project Located in Oregon: Notify the Oregon State Historic Preservation Office (503-986-0674).

c. Project Located in Washington: Notify the Washington Department of Archaeology and Historic Preservation (360-586-3077).

d. Notify the Portland District Engineer.

Notification shall be made by fax (503- 808-4375) as soon as possible following discovery but in no case later than 24 hours. The fax shall clearly specify the purpose is to report a cultural resource discovery. Follow up the fax notification by contacting the Portland District Engineer representative (by email and telephone) identified in the verification letter.

e. Failure to stop work immediately and until such time as the Portland District Engineer has coordinated with all appropriate agencies and Native American tribes, and complied with the provisions of 33 CFR 325 (Appendix C), the National Historic Preservation Act, Native American Graves Protection and Repatriation Act, and other pertinent regulations could result in violation of state and federal laws.

Violators are subject to civil and criminal penalties.

3. In-water Work: In order to minimize potential impacts to water quality, aquatic species and habitat, in-water work will be limited by the following timing considerations:

a. Permittee shall complete all in-water work within the preferred work window

H-130

Permit Project: OR DOT CRGNSA 100(1), Historic Columbia River Highway State Trail

NWP-2016-140 2 of 7 Enclosure 2 specified in Oregon Department of Fish and Wildlife’s (ODFW) “Oregon Guidelines for Timing of In-Water Work to Protect Fish and Wildlife Resources,” June 2008, or most current version, available at:

http://www.dfw.state.or.us/lands/inwater/O regon_Guidelines_for_Timing_of_%20InW ater_Work2008.pdf.

b. If work cannot be completed within the preferred timing window, despite every attempt to do so, permittee shall submit a request to work out side of the preferred window to the Portland District Engineer in writing. Permittee shall not begin any in-water work outside of the preferred window until they have received written approval from the District Engineer. The District Engineer will coordinate with the appropriate agencies prior to finalizing a decision.

4. Fish and Aquatic Life passage: In addition to the requirements of NWP General Conditions 2 and 9, all activities authorized by a NWP shall not restrict passage of aquatic life beyond the necessary construction period. Aquatic life shall be interpreted to include amphibians, reptiles, and mammals whose natural habitat includes waters of the U.S. and which are generally present in and/or around waters of the U.S.

a. Activities such as the installation of culvert, intake structures, diversion structures, or other modifications to stream channel morphology must conform to fish passage standards developed by the ODFW and the National Marine Fisheries Service (NMFS). ODFW’s standards can be found at OAR 635-412-0035; ODFW provides an overview at http://www.dfw.state.or.us/fish/passage/ and NMFS provides an overview at http://www.nwr.noaa.gov/hydropower/hydropo wer_northwest/hydropower_in_the_nw.html.

5. Fish Screening: The permittee shall ensure that all intake pipes utilize fish screening that complies with standards developed by NMFS and ODFW (“Anadromous Salmonid Passage Facility

Design”, July 2011).

http://www.nwr.noaa.gov/hydropower/hydro power_northwest/hydropower_in_the_nw.h tml or the most current version.

6. Work Area Isolation and Dewatering:

Appropriate best management practices shall be implemented to prevent erosion and sediments from entering wetlands or waterways.

a. All in-water work shall be isolated from the active channel or conducted during low seasonal stream flows.

b. Permittee shall provide for fish passage upstream and downstream of the worksite.

c. Cofferdams shall be constructed of non-erosive material, such as concrete jersey barriers, sand and gravel bag dams, or water bladders. Constructing a cofferdam by pushing material from the streambed or sloughing material from the streambanks is not authorized.

d. Sand and gravel bag dams shall be lined with a plastic liner or geotextile fabric to reduce permeability and prevent sediments and/or construction materials from entering the active stream channel.

e. Upstream and downstream flows shall be maintained by routing flows around the construction site with a pump, bypass pipe, or diversion channel.

f. A sediment basin shall be used to settle sediments in return water prior to release back into the waterbody. Settled water shall be returned to the waterbody in such a manner as to avoid erosion of the streambank. Settlement basins shall be placed in uplands.

g. Fish and other aquatic species must be salvaged prior to dewatering. The State of Oregon requires a Scientific Take Permit be obtained to salvage fish and wildlife.

Permittee is advised to contact the nearest ODFW office. For further information contact ODFW at http://www.dfw.state.or.us.

H-131

Permit Project: OR DOT CRGNSA 100(1), Historic Columbia River Highway State Trail

NWP-2016-140 3 of 7 Enclosure 2

7. Dredging: For any NWP-authorized activities, including but not limited to NWP 3, 12, 13, 19, 27, 35, 36, 40, and 41 that involve removal of sediment from waters of the U.S. permittee shall ensure that:

a. Any necessary sediment characterization regarding size, composition, and potential contaminants is conducted prior to dredging and the material is suitable for in-water disposal per the Sediment Evaluation Framework for the Pacific Northwest, 2009 (available at:

http://www.nwp.usace.army.mil/Missions/E nvironment/DMM.aspx) or the most current version.

b. The least impactful methodology and activity sequencing is used to ensure impacts to the aquatic system are minimized to the maximum extent practicable. Examples include using a hydraulic, closed-lipped clamshell bucket, toothed clamshell bucket, dragline and/or excavator.

c. Dredged or excavated material is placed where sediment-laden water cannot enter waterways or wetlands in an uncontrolled manner. The discharge associated with the return of sediment-laden water into a water of the U.S. from an upland disposal site requires separate authorization from the District Engineer under NWP 16.

8. Chemically Treated Wood – Withdrawn.

9. Mechanized Equipment: In addition to the requirements in NWP General Condition 11, permittee shall implement the following to prevent or limit aquatic impacts from mechanized equipment:

a. In all events use the type of equipment that minimizes aquatic impacts spatially and temporally.

b. Use existing roads, paths, and drilling pads where available. Temporarily place mats or pads onto wetlands or tidal flats to provide site access. Temporary mats or pads shall be removed upon completion of the authorized work.

c. Operate equipment from the top of a streambank and conduct work outside of the active stream channel, unless specifically authorized by the District Engineer.

d. Isolate storage, staging, and fueling areas, and operate and maintain equipment in isolation from waters, wetlands, and riparian areas.

e. Maintain spill prevention and containment materials with ready access at vehicle staging areas. Permittee and staff shall be trained to effectively deploy the measures. Spill response materials include straw matting/bales, geotextiles, booms, diapers, and other absorbent materials, shovels, brooms, and containment bags. In the event of a spill of petroleum products or other chemicals with potential to affect waters or wetlands, permittee shall immediately report the spill to the Oregon Emergency Response Service (OERS) at 1-800-452-0311 and shall implement containment and cleanup measures, as directed.

10. Deleterious Waste: In addition to the requirements in NWP General Condition 6, permittee shall not dispose of biologically harmful or waste materials into waters or wetlands. These materials include but are not limited to the following:

a. 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.

b. Discharge water created during construction activities (such as but not limited to concrete wash out, pumping for work area isolation, vehicle wash water, drilling fluids, dredging return flows, and sediment laden runoff) shall be treated to remove debris, sediment, petroleum products, metals, and other pollutants and

H-132

Permit Project: OR DOT CRGNSA 100(1), Historic Columbia River Highway State Trail

NWP-2016-140 4 of 7 Enclosure 2 discharged in a controlled fashion to avoid erosion. A separate Department of the Army permit and/or a National Pollutant Discharge Elimination System (NPDES) permit from Oregon Department of Environmental Quality’s (DEQ) may be required prior to discharge. Permittee is directed to contact the nearest DEQ office (http://www.deq.state.or.us/about/locations .htm) for more information about the NPDES program.

11. Stormwater Discharge Pollution Prevention: Activities that result in stormwater runoff passing over disturbed areas and impervious surfaces must include reduction measures, controls, treatment techniques and management practices to avoid discharge of soil, debris, toxics and other pollutants to waterways and wetlands.

a. Erosion Control: During construction and until the site is stabilized, the permittee shall ensure all practicable measures are implemented and maintained to prevent erosion and runoff.

For proper erosion control measure selection and implementation, the permittee is referred to DEQ “Oregon Sediment and Erosion Control Manual,” April 2005, available at:

http://www.deq.state.or.us/wq/stormwater/ escmanual.htm. Appropriate control measures and maintenance include, but are not limited to the following:

1) Permittee shall inspect and maintain control measures in good condition throughout construction and until permanent measures are well established. Permittee shall repair or replace any damages such as rips, broken stakes that result in loss of intended function. Permittee shall install additional control measures and reseed or replant with native and/or non-competitive species as necessary to achieve stabilization of the site.

Spray-on mulches imbedded with benign sterile species may be used to temporarily stabilize the area until permanent controls are in place.

2) Once soils or slopes have been stabilized, permittee shall completely remove and properly dispose of or re-use all components of installed control measures.

b. Post-Construction Stormwater Management: If the activity will result in creation of new impervious surfaces and federally listed aquatic species or their habitat may be affected by the proposed activity permittee shall forward a copy of the post-construction stormwater management plan (SWMP) to the Portland District Engineer for our consultation under the Endangered Species Act. A copy of the SWMP must be submitted to the DEQ for their review and approval prior to initiating construction.

1) Submittal of the post-construction stormwater management plan to DEQ at the same time the application is submitted to the Corps will streamline the project review. DEQ’s Stormwater Management Plan Submission Guidelines for Removal/Fill Permit Applications which involve impervious surfaces can be found at http://www.deq.state.or.us/wq/sec401c ert/docs/stormwaterGuidlines.pdf. This document provides information to determine the level of detail required for the plan based on project type, scope, location, and other factors, as well as references to assist in designing the plan and a checklist for a complete submission.

12. Upland Disposal: Material disposed of in uplands shall be placed in a location and manner that prevents discharge of the material and/or return water into waters or wetlands unless otherwise authorized by the Portland District Engineer.

a. Final disposition of materials removed from waters and wetlands to uplands may require separate approvals under Oregon State Solid Waste Rules. For more information please visit DEQ’s Solid Waste

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b. Temporary upland stockpiles of excavated or dredged materials shall be isolated from waterways, wetlands, and floodwaters; stabilized prior to wet weather; and maintained using best management practices unless specifically authorized by the District Engineer.

13. Restoration of Temporary Impacts: To minimize temporal losses of waters of the U.S. construction activities within areas identified as temporary impacts shall not exceed two construction seasons or 24 months, whichever is less. For all temporary impacts, permittee shall provide the Portland District Engineer a description, photos, and any other documentation which demonstrates pre-project conditions with the Preconstruction Notification.

b. Site restoration of temporarily disturbed areas shall include returning the area to pre-project ground surface contours.

Permittee shall revegetate temporarily disturbed areas with native, noninvasive herbs, shrubs, and tree species sufficient in number, spacing, and diversity to replace affected aquatic functions.

c. Site restoration shall be completed within 24 months of the initiation of impacts (unless otherwise required by the specific NWP). However, if the temporary impact requires only one construction season, site restoration shall be completed within that same construction season before the onset of seasonal rains.

14. Permittee-responsible Compensatory Mitigation: When permittee-responsible compensatory mitigation is required by the Portland District Engineer to replace lost or adversely affected aquatic functions, the permittee shall provide long-term protection for the mitigation site through real estate instruments (e.g., deed restriction or conservation easement) or other available mechanisms. The appropriate long-term protection mechanism will be determined by the Portland District Engineer based on project-specific review and must be in place prior to initiating the permitted activity.

15. Inspection of the Project Site: The permittee shall allow representatives of the Portland District Engineer and/or DEQ to inspect the authorized activity to confirm compliance with nationwide permit terms and conditions. A request for access to the site will normally be made sufficiently in advance to allow a property owner or representative to be on site with the agency representative making the inspection.

16. Sale of Property/Transfer of Permit:

Permittee shall obtain the signature(s) of the new owner(s) and transfer this permit in the event the permittee sells the property associated with this permit. To validate the transfer of this permit authorization, a copy of this permit with the new owner(s) signature shall be sent to the Portland District Engineer at the letterhead address on the verification letter.

NATIONWIDE SPECIFIC CONDITIONS:

NWP 3 – Maintenance

1. Permittee shall implement measures necessary to prevent streambed gradient alterations and streambank erosion.

NWP 5 – Scientific Measurement Devices

1. Permittee shall remove all scientific measurement devices including all associated structures and fills including anchoring devices, buoys, and cable within 30 days after research is completed.

NWP 6 – Survey Activities

1. Use of in-water explosives is not authorized.

2. Permittee shall isolate all in-stream exploratory trenching from the active channel.

NWP 12 – Utility Line Activities

1. Permittee shall install trench-blockers of a type and design sufficient to prevent the drainage of the wetland areas (e.g.

bentonite clay plugs, compacted sand

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2. Permittee shall remove and separately reserve the topsoil from the subsurface soils during trenching. Permittee shall place the reserved topsoil as the final surface layer in backfilling the trench.

3. Agency coordination, per Nationwide Permit General Condition 31 (d), is required where utility lines are proposed in estuaries to ensure there are no impacts to native shellfish beds.

4. Manholes placed in streams or other waterways require specific approval by the District Engineer.

NWP 13 – Bank Stabilization

1. Permittee shall include the use of bioengineering techniques and natural products (e.g. vegetation and organic material such as root wads) in the project design to the maximum extent practicable and shall minimize the use of rock, except when it is anchoring large woody debris.

Non-biodegradable materials, such as plastic netting, that may entrap wildlife or pose a safety concern shall not be used for soil stabilization. Riparian plantings shall be included in all project designs unless the permittee can demonstrate that such plantings are not practicable.

2. Riprap shall be clean (i.e. free of toxic contaminants and invasive species), durable, angular rock.

NWP 23 – Approved Categorical Exclusions

1. Pre-construction notification or other Corps-approved documentation is required for all activities which require a permit from the Portland District Engineer.

NWP 29 – Residential Developments

1. Wetland impacts associated with the construction or expansion of a single residence including attendant features (utility lines, roads, yards, etc) shall not exceed one-fourth (¼) acre.

NWP 41 – Reshaping Existing Drainage Ditches

1. All in-water work shall be isolated from the active stream channel or conducted during low seasonal stream flows.

NWP 43 – Stormwater Management Facilities

1. All in-water work shall be isolated from the active stream channel or conducted during low seasonal stream flows.

2. This NWP does not authorize the retention of water in excess of that required to meet stormwater management requirements for purposes such as recreational lakes, reflecting pools, irrigation, etc.

NWP 44 – Mining Activities

1. Reclamation, when required, must be achieved within 24 months of completing the mining activity.

2. In-stream mining including bar scalping is not authorized by this NWP.

3. Permittee shall ensure site includes appropriate grade controls to prevent headcutting of streams or bank erosion.

4. The use of in-water explosives is prohibited under this nationwide.

5. Excavated materials may be temporarily stockpiled within the channel above the plane of the water surface for up to seven (7) days. Excavated materials shall not be stockpiled in wetlands or flowing water.

NWP 48 – Commercial Shellfish Aquaculture Activities

1. Agency coordination, per NWP General Condition 31 (d), is required for all activities proposed under this NWP.

NOTE: For projects involving commercial aquaculture or mariculture cultivation of oysters, clams, and mussels on state submerged and submersible lands permittee is advised authorization may be required from the Oregon Department of Agriculture. For more information go to

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NWP 51– Land-Based Renewable Energy Generation Facilities

1. Agency coordination, per NWP General Condition 31 (d), is required for activities where aerial power transmission lines cross navigable waters.

NWP 52 – Water Based Renewable Energy Generation Pilot Projects

1. Agency coordination, per NWP General Condition 31 (d), is required for all activities proposed for verification under this NWP.

2. Activities authorized under this NWP shall comply with the siting requirements of the Oregon Territorial Sea Plan, which designates areas as suitable for such activities. For more information go to http://www.oregon.gov/LCD/OCMP/Pages/ Ocean_TSP.aspx.

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Nationwide (NWP) Permit Conditions 33 CFR Part 330;

Issuance of Nationwide Permits – March 19, 2012

C. Nationwide Permit General Conditions

Note: To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as applicable, in addition to any regional or case-specific conditions imposed by the division engineer or district engineer. Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP.

Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs, has been and is on notice that all of the provisions of 33 CFR §§ 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR § 330.5 relating to the modification, suspension, or revocation of any NWP authorization.

1. Navigation

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

(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States.

(c) 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 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.

2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species.

3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable.

Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized.

4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable.

5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27.

6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act).

7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization.

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8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable.

9. Management of Water Flows. To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization and storm water management activities, except as provided below. The activity must be constructed to withstand expected high flows.

The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course; condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities).

10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements.

11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance.

12. Soil Erosion and Sediment Controls.

Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow.

13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate.

14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization.

15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project.

16. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or Study River (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S.

Fish and Wildlife Service).

17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights.

18. Endangered Species.

(a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which “may affect” a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed.

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(b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address ESA compliance for the NWP activity, or whether additional ESA consultation is necessary.

(c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat, the pre-construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed work or that utilize the designated critical habitat that might be affected by the proposed work. The district engineer will determine whether the proposed activity “may affect” or will have “no effect” to listed species and designated critical habitat and will notify the non-Federal applicant of the Corps’ determination within 45 days of receipt of a complete pre-construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification the proposed activities will have “no effect” on listed species or critical habitat, or until Section 7 consultation has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps.

(d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific regional endangered species conditions to the NWPs.

(e) Authorization of an activity by a NWP does not authorize the “take” of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with “incidental take” provisions, etc.)

from the U.S. FWS or the NMFS, The Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word “harm” in the definition of “take'' means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering.

(f) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively.

19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for obtaining any “take” permits required under the U.S. Fish and Wildlife Service’s regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. The permittee should contact the appropriate local office of the U.S. Fish and Wildlife Service to determine if such “take” permits are required for a particular activity.

20. Historic Properties.

(a) In cases where the district engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied.

(b) Federal permittees should follow their own procedures for complying with the

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