WCHC25_SPECS_AMD0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to:

1. Incorporate an updated, "Attachment DRAFT 401 WQC_USACE Oregon Coastal Dredging_Public Notice."

2. Remove, "Attachment OR State WQC COO."

2. Incorporate an updated, "Attachment OR State WQC LCR."

2. Incorporate updated, "Wage Determination Attachment(s)."

All other information remains unchanged / see Summary of Changes for additional information.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 04-Feb-2025

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W9127N25B0005

X 9B. DATED (SEE ITEM 11)

22-Jan-2025

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

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 Offer is extended, X is not extended.

Offer 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)

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.

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).

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

04-Feb-2025

CODE

USACE, PORTLAND DISTRICT

333 SW 1ST AVE

PORTLAND OR 97204

W9127N 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

(End of Summary of Changes)

PUBLIC NOTICE

Date posted: 10/7/2024

DEQ Requests Comments on Proposed Water Quality Certification for Oregon Coastal Dredging Project

HOW TO PROVIDE PUBLIC COMMENT

Facility name: Oregon Coastal Project

Permit type: 401 WQC

Comments due by: Monday, Nov. 11 at 5 p.m.

Send written comments:

By mail: Haley Teach, Oregon DEQ 700 NE Multnomah St. Ste 600, Portland, OR 97232

Your DEQ Online: ordeq.org/ydo

The Oregon Department of Environmental Quality invites the public to provide written comments on a proposed issuance of a water quality certification for Coastal Project/USACE Fed Navigation Dredging, known officially as a Clean Water Act Section 401 water quality certification.

Summary

Coastal Project/USACE Fed Navigation Dredging proposes to impact waters in order to maintain necessary navigational depths within eleven Oregon coastal ports to their federally authorized depths. The project is located at eleven sites in Tillamook, Lincoln, Lane, Douglas, Coos, and Curry Counties in Oregon.

About the project

The USACE Portland District (the applicant) proposes to conduct annual operations and maintenance dredging at eleven Oregon coastal ports to maintain their federally authorized navigation channel conditions for a ten-year period. The project proposes using a hopper dredge, a pipeline dredge, and/or a mechanical (clamshell) dredge to remove restricting natural occurring sedimentary material. Dredged materials will be disposed of at designated ocean dredged material disposal sites, in-water, or upland depending on the sediment suitability and placement availability.

What does a water quality certification do?

One way DEQ protects Oregon’s water quality is by issuing water quality certifications. Section 401 of the Clean Water Act requires federal agencies to obtain a water quality certification from the state if the proposed activity may result in a discharge to surface waters. The certification states that the discharge will comply with applicable sections of the Clean Water Act.

What legal authorities apply?

• Federal Clean Water Act

• Oregon Revised Statutes 468B

• Oregon Administrative Rules Chapter 340, Divisions 041 and 048

• Code of Federal Regulations, Part 121

Attachment DRAFT 401 WQC_USACE Oregon Coastal Dredging_Public Notice- p. 1 of 16

AMD #0001

What happens next?

To submit comments electronically, please visit Your DEQ Online. To submit a comment through Your DEQ Online, you can either set up an account by clicking “Register Account” or submit a comment without an account by clicking “Public Records and Services.” If you want to attach a file with your comment, you’ll need to create an account.

Once in the system, you may search for the public notice using the project name listed above or filtering the results by selecting “401 – Dredge and Fill Project” as the Environmental Interest. Click the blue information ‘i’ in the far-right column of the project, and then select the tab labeled “comments.”

DEQ may hold a public hearing on the proposal if one is requested by 10 or more people or an organization representing 10 or more members. DEQ will review and consider all comments received. Following consideration of public comment, the certification may be issued as proposed, modified or denied.

You will be notified of DEQ’s final decision if you submit written comments during the comment period.

Otherwise, if you would like to receive notification, please contact Jennifer Wagner at jennifer.wagner@deq.oregon.gov.

For more information

Find more information by reviewing draft permit documents attached to this notice or contact Jennifer Wagner at jennifer.wagner@deq.oregon.gov with questions or to view documents in person at a DEQ office. Sign up to receive information about future 401 certification projects. Visit the Your DEQ Online Help page for more information on how to access public notice documents and submit comments through this platform.

Non-discrimination statement

DEQ does not discriminate on the basis of race, color, national origin, disability, age or sex in administration of its programs or activities. Visit DEQ’s Civil Rights and Environmental Justice page.

Attachment DRAFT 401 WQC_USACE Oregon Coastal Dredging_Public Notice- p. 2 of 16

Department of Environmental Quality Northwest Region Portland Office/Water Quality

700 NE Multnomah Street, Suite 600

Tina Kotek, Governor Portland, OR 97232-4100

(503) 229-5263

FAX (503) 229-6957

TTY 711

MONTH DAY, YEAR

Amy Gibbons USACE, Portland District PO Box 2946 Portland, OR 97204

RE: NWPOP-OCT-F04-004; Coastal Project / USACE Fed Navigation Dredging 401 Water Quality Certification

The Department of Environmental Quality (DEQ) has reviewed the U.S. Army Corps of Engineers (USACE) requests for a Clean Water Act Section 401 Water Quality Certification (WQC) received on June 10, 2024 (application # NWPOP-OCT-F04-004). The USACE Portland District proposed to perform work in waters under the Provisions of Sections 102 and 103 of the Marine Protection Reserve and Sanctuaries Act of 1972, Sections 401 and 404 of the Clean Water Act, and in accordance with Regulations 33 Code of Federal Regulations (CFR) parts 335-338. DEQ’s 401 WQC public comment opportunity was circulated from [Start Date] to [End Date].

According to the application, USACE Portland District (“the Applicant”) proposes to impact waters in order to maintain necessary navigational depths within eleven Oregon coastal ports to their federally authorized depths. The project is located at eleven sites in Tillamook, Lincoln, Lane, Douglas, Coos, and Curry counties in Oregon.

Project Description: The Applicant proposes to conduct annual operations and maintenance dredging at eleven Oregon coastal ports to maintain their federally authorized navigation channel conditions over a ten-year period. The project proposes using a hopper dredge, a pipeline dredge, and/or a mechanical (clamshell) dredge to remove natural occurring sedimentary material restricting navigation. Table 1 below describes the areas proposed to be dredged, the dredge depths and areas, as well as the volume proposed to be dredged. Dredge materials may be disposed of at designated ocean dredged material disposal sites (ODMDS), in-water, or upland depending on the sediment suitability and placement availability. The project will comply with the reasonable and prudent measures listed in the National Marine Fisheries Services (NMFS) approved 2021 Biological Opinion to minimize the amount or extent of incidental take.

Table 1. Project locations Project Location Authorized

Depth below

MLLW +

Advance Maintenance Depth (feet)

Max.

Extent of Dredge Areas (acres)

Max.

Volume Dredge Material (cubic yards)

Placement Location

Attachment DRAFT 401 WQC_USACE Oregon Coastal Dredging_Public Notice- p. 3 of 16

DEQ 401 WQC, NWPOP-OCT-F04-004; Coastal Project / USACE Fed Navigation Dredging

Tillamook Bay

Garibaldi Access Channel

-12+2 2.75

50,000 Flowlane

Entrance Channel -18+2 150,000 Nearshore site

Depoe Bay

Boat Basin -8+2 6.7 25,000 Intertidal Check Dam Catch Basin

-0+1 0.24 2,000 Intertidal

Yaquina Bay

Entrance Channel (RM -1 to 0)

-40+5

217.5

450,000

ODMDS

Entrance Channel & Harbor (RM 0 to 2+20)

-30+2

Entrance Channel & Harbor (RM 20 to 4+20)

-18+2

South Beach Marina Boat Basin Access Channel

-10+2 4.6 25,000 Upland

Yaquina River

Yaquina River (Depot Slough)

-10+2 8.3 100,000 ODMDS

Yaquina River (RM 4+20 to RM 14)

-10+2 850,000 one time;

up to 400,000 after

ODMDS

Siuslaw River

Entrance and Nav.

Channel (RM -1 to 0.2)

-18+5

200,000

ODMDS

Entrance and Nav.

Channel (RM 0.2 to 5)

-18+2

Florence Turning Basin -18+5 5.5 100,000 ODMDS Umpqua River

Entrance and Nav.

Channel (RM -1 to 0- 10)

-26+5 40

250,000

ODMDS/

In-bay

Entrance and Nav.

Channel (RM 0-10 to 11+40)

-22+2 288.5

Boast Basin Access Channels (WB)

-12/16+2 20.2 50,000 ODMDS/

In-bay

Coos Bay Entrance Channel -47+5

60.6

1,000,000

ODMDS/

In-bay

Navigation Channel

(RM 1-12)

-37+3

300,000 ODMDS/

In-bay

Attachment DRAFT 401 WQC_USACE Oregon Coastal Dredging_Public Notice- p. 4 of 16

Navigation Channel

(RM 12-15)

-37+3 570 1,000,000 Expanded Site H/ In-bay

Charleston Access Channel

-17/16+2 22 50,000 ODMDS/

In-bay

Coquille River

Entrance Channel -13+4 51.5 38,000 ODMDS Boat Basin Access Channel

-13+4 22.3 9,000 ODMDS/

In-bay

Port Orford

Navigation Channel -16+4 1.55 45,000 Breakwater/ Nearshore

Boat Hoist Area -16+4 0.21 7,000 Breakwater/ Nearshore

Rogue River

Entrance Channel -13+4 40 130,000 ODMDS Boat Basin Access Channel

-10+2 5.3 75,000 ODMDS/

Intertidal

Chetco River

Entrance Channel -14+4 13.8 70,000 ODMDS/ Nearshore

Boat Basin Access Channel

-14+2 4.1 9,000 ODMDS/

Nearshore

Status of Affected Waters of the State: Several of the proposed dredge areas are classified as water quality limited under the Clean Water Act. Some locations have Environmental Protection Agency Approved Total Maximum Daily Loads (TMDLs) developed and several waterbodies are on the Section 303(d) list of impaired water bodies. The listed parameters impair beneficial uses. The table below outlines the listed parameters and impairments. Please note as water quality listings change, and this table may not be all encompassing. This table may not include tributaries which may impact water quality.

Table 2. Status of waters proposed to be impacted

Location TMDL 303(d) Beneficial Use Tillamook Bay E.coli, fecal coliform, temperature Enterococci, pH, arsenic, inorganic

Fish & aquatic life, fishing

Depoe Bay N/A Shellfish toxins Fishing Yaquina Bay N/A Temperature, arsenic, inorganic, aquatic weeds

Aesthetic quality, boating, fishing & aquatic life, fishing

Siuslaw River N/A Fecal coliform temperature, arsenic, inorganic, sedimentation

Fish & aquatic life, fishing

Umpqua River Fecal coliform Temperature Fish & aquatic life, fishing

Coos Bay N/A E.coli, fecal coliform, dissolved oxygen, temperature, arsenic, inorganic

Temperature, water contact recreation

Coquille River N/A Fecal coliform, arsenic

Fishing

Port Orford N/A Shellfish toxins Fishing

Attachment DRAFT 401 WQC_USACE Oregon Coastal Dredging_Public Notice- p. 5 of 16

Rogue River Fecal coliform Temperature Fish & aquatic life, fishing Chetco River N/A Temperature Fish & aquatic life

Certification Decision: Based on the information provided by the Applicant, DEQ is reasonably assured that implementation of the project will be consistent with applicable provisions of Sections 301, 302, 303, 306 and 307 of the federal Clean Water Act, state water quality standards set forth in Oregon Administrative Rules Chapter 340 Division 41 and other appropriate requirements of state law, provided the following conditions are strictly adhered to by the Applicant.

GENERAL CONDITIONS

1) Responsible parties: This 401 WQC applies to the Applicant. The Applicant is responsible for the work of its contractors and subcontractors, as well as any other entity that performs work related to this 401 WQC.

Rule: OAR 340-048-0015 Justification: DEQ must be aware of responsible parties to ensure compliance.

2) Work Authorized: Work authorized by this Order is limited to the work described in the Joint Permit Application signed on May 28, 2024 and additional application materials (hereafter “the permit application materials”), unless otherwise authorized by DEQ. If the project is operated in a manner that’s not consistent with the project description contained in the permit application materials, the Applicant is not in compliance with this Order and may be subject to enforcement.

Rule: OAR 340-048-0015 Justification: To ensure the project will comply with water quality standards, DEQ must understand all work involved in the construction and operation of the project.

3) Duration of Certificate: This 401 WQC for impacts to waters, including dredge and fill activities, is valid for ten years from the date of this certification. A new or modified 401 WQC must be requested before any substantial modifications to the project description.

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 involved in the construction and operation of the project.

5) Change of Ownership: 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

Attachment DRAFT 401 WQC_USACE Oregon Coastal Dredging_Public Notice- p. 6 of 16

Justification: To ensure the project will comply with water quality standards, DEQ must understand all work

6) 401 WQC on Site: A copy of this 401 WQC letter must be kept on the job site and readily available for reference by the Applicant and its contractors and subcontractors, as well as by DEQ, USACE, NMFS, 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.

7) Project Changes: DEQ may modify or revoke this certification, in accordance with Oregon Administrative Rules 340-048-0050, if the project changes or project activities are having an adverse impact on state water quality or beneficial uses, or if the Applicant violates any of the conditions of this certification.

Rule: OAR 340-048-0050 Justification: To ensure the project will comply with water quality standards, DEQ must understand all work

8) Access: The Applicant and its contractors must allow DEQ access to the project site with or without prior notice, including staging areas, and mitigation sites to monitor compliance with these certification conditions, including:

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

b. To inspect best management practices, monitoring or equipment or methods; and

c. To collect samples or monitor any discharge of pollutants.

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

9) Enforcement: Failure of any person or entity to comply with this order may result in the issuance of civil penalties or other actions, whether administrative or judicial, to enforce its terms.

Rule: OAR 340-012 Justification: If the project is not being constructed or operated as proposed, it may not be consistent with water quality requirements.

SPECIFIC CONDITIONS FOR IN-WATER WORK

10) 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/2024%20Oregon%20In- Water%20Work%20Guidelines.pdf) or as authorized otherwise under a Department of State Lands removal/fill permit. Exceptions to the timing window must be recommended by Oregon Department of Fish and Wildlife and/or the National Marine Fisheries Services as appropriate.

Rule: OAR 340-041-0011

Attachment DRAFT 401 WQC_USACE Oregon Coastal Dredging_Public Notice- p. 7 of 16

Justification: DEQ must be protective of all water quality standards, including beneficial uses such as fish and aquatic life.

11) Aquatic Life Movements: Any activity that may substantially 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.

12) Dissolved Oxygen (DO) for Coos Bay Locations: The Applicant must implement best management practices (BMPs) to minimize dissolved oxygen during in-water work for all projects in Coos Bay. The activity must result in a reduction in DO of no more than 0.10 mg/l for a single source.

a. Dredging Monitoring:

Dredge Event Frequency of

Testing Compliance Test Location

Type of Sample

All Dredge Events Prior to start of project, then twice/day (ebb & flood)

200 ft downstream from point of discharge and no more than 150 ft lateral

Instrument (Dissolved Oxygen meter)

Dissolved Oxygen Level Action Required

8 mg/l or greater Continue to monitor at next interval

6.5 mg/l – 8 mg/l Increase monitoring frequency to every 4 hours during daylight hours and active dredging

Less than 6.5 mg/l Stop activity until levels return to above 6.5 mg/l and then continue to monitor at appropriate interval based on level of dissolved oxygen measured

b. Reporting:

i. Record all dissolved oxygen monitoring required by subsection (a) above in daily logs which must include: calibration documentation and location, date, time, and tidal stage for each reading.

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

iii. Prepare a narrative must be prepared discussing all exceedances with subsequent monitoring, actions taken, and the effectiveness of the actions.

iv. The Applicant must make available copies of daily logs for monitoring to regulatory agencies including DEQ, NMFS, USFWS, and ODFW upon request.

Rule: OAR 340-041-0036, OAR 340-041 Justification: DEQ must ensure that pollution does not enter waterways.

Attachment DRAFT 401 WQC_USACE Oregon Coastal Dredging_Public Notice- p. 8 of 16 g2odnajb Cross-Out

13) Turbidity for All Locations: The Applicant must implement BMPs to minimize turbidity during in-water work. Any activity that causes turbidity to exceed 10 percent above natural stream turbidity is prohibited except as specifically noted below:

a. Monitoring: Turbidity monitoring must be conducted and recorded as described below. Monitoring must occur at two hour intervals each day during daylight hours when in-water work is being conducted, including while dewatering or work area isolation measures are in place. Sediment characterization is required prior to dredging. If sediments contain 20% or more fine sediments (silt, clay), than a properly and regularly calibrated turbidimeter is required to take measurements at approximately mid-depth below the surface of the water at the representative and compliance points.

If sediments contain less than 20% fine sediments (or greater than 80% sand), visual monitoring is allowed; however, turbidity that is visible over background is prohibited.

i. Representative Background Point: The Applicant must take and record a turbidity measurement every two hours during in-water work at an undisturbed area 200 feet up-current from the in-water disturbance, in order to establish background turbidity levels. The background turbidity, location, date, tidal stage and time must be recorded immediately prior to monitoring down-current at the compliance point described below.

ii. Compliance Point: The Applicant must monitor every two hours, 200 feet downcurrent from the disturbance. The turbidity, location, date, tidal stage and time must be recorded for each measurement.

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

MONITORING WITH A TURBIDIMETER EVERY 2 HOURS

TURBIDITY LEVEL Restrictions to Duration of Activity

0 to 4 NTU above background No Restrictions 5 to 29 NTU above background Work may continue maximum of 4 Hours. If turbidity remains 5-29 NTU above background after 4 hours, stop work and modify BMPs.

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

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

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

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

Attachment DRAFT 401 WQC_USACE Oregon Coastal Dredging_Public Notice- p. 9 of 16

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

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

c. Reporting:

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

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

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

iii. Prepare a narrative must be prepared discussing all exceedances with subsequent monitoring, actions taken, and the effectiveness of the actions. The Applicant must make available copies of daily logs for turbidity monitoring to regulatory agencies including DEQ, NMFS, USFWS, and ODFW upon request. An example turbidity log is attached to this certification.

SPECIFIC CONDITIONS FOR DREDGING

14) Pre-Dredge Notification: The Applicant must notify DEQ 14 days before dredging is to commence. The Applicant must submit anticipated dredging methods, estimated amounts, the proposed dredging schedule, and estimated disposal amounts.

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

15) Post-Dredge Notification: Submit dredge and disposal annual report with figures to DEQ no more than 90 days after the dredging season ends. Include the following items as applicable:

a. A map delineating the locations of dredging and disposal;

b. Description of the equipment and methods used;

c. Amounts of material dredged in all locations;

VISUAL MONITORING

No plume observed Continue to monitor every 2 hours Plume observed within compliance distance

Modify BMPs & continue to monitor every 2 hours.

Stop work after 4 hours with an observed plume.

Plume observed beyond compliance distance

Stop work.

Attachment DRAFT 401 WQC_USACE Oregon Coastal Dredging_Public Notice- p. 10 of 16

d. Post-dredge depths in all locations;

e. Amounts of material disposed of in all locations;

f. Placement/disposal dates and locations;

g. Descriptions of any sheen, floating debris, spills, subsequent actions taken, and the effectiveness of the actions;

h. Debris and biological observations, and hydro surveys.

i. Water Quality Reporting

i. Monitoring locations;

ii. Turbidity monitoring logs;

iii. Dissolved oxygen monitoring logs;

iv. When/if activity is modified or stopped as a result of exceedances of levels of turbidity;

v. What actions were taken to modify the activities if the turbidity levels were exceeded and/or how long the activity was stopped;

vi. What BMPs were used to bring the levels into compliance.

Rule: OAR 340-048-0015 Justification: To ensure the project will comply with water quality standards, DEQ must understand all work

16) Sediment Characerization: Sediment characterization has been conducted in accordance with the Sediment Evaluation Framework for the Pacific Northwest (SEF), May 2018 [USACE, NMFS, U.S. Fish and Wildlife Service (USFWS), U.S. Environmental Protection Agency (EPA), DEQ, Washington Department of Natural Resources (WDNR), Washington Department of Ecology (Ecology), and Idaho Department of Environmental Quality (IDEQ)]. The Applicant must follow all recommendations of the Portland Sediment Evaluation Team (PSET) Memorandums covering project locations listed in Table 1 of this WQC. The PSET will evaluate the Applicant’s sediment testing results and determine if project sediments are suitable for unconfined, aquatic disposal and exposure. Prior to each maintenance dredging cycle the Applicant would be required to coordinate with the PSET to determine if additional sediment testing is required.

For projects that have technical memorandums that expire within the duration of this WQC, dredging may not occur until the USACE obtains PSET evaluation and recommendations. The USACE shall submit any updated PSET guidance following the data recency expirations to DEQ. DEQ reserves the right to require additional testing and findings prior to dredging.

Rule: OAR 340-041-0036, OAR 340-041 Justification: DEQ must ensure that pollution does not enter waterways.

17) Dredging and Disposal Methods: The PSET determination provides recommendations regarding the suitability for sediment disposal in water. The Applicant and its contractors must follow these recommendations and the following additional conditions:

a. Suitable for Unconfined In-Water Disposal

i. Disposal locations are confined to those proposed in the application.

ii. Dredging method is limited to the method proposed in the application, unless otherwise authorized by DEQ.

iii. Dredged material disposal may not interfere with navigation.

iv. For dredged material proposed to be placed upland, a DEQ Solid Waste

Attachment DRAFT 401 WQC_USACE Oregon Coastal Dredging_Public Notice- p. 11 of 16

Letter of Authorization, or clean fill determination is required prior to placing material.

v. Dredged material may not be placed in wetlands, and return water must not cause harm to freshwater wetlands or other freshwater environments.

vi. In areas of Dungeness crab abundance, the USACE must inform local crab harvesters or fisheries agencies of the intent to dispose of sediment in-water prior to doing so.

b. The Applicant or its contractors must employ the following techniques to minimize sediment disturbance and distribution through the water column:

i. Sequence or phase work activities to minimize the extent and duration of in-water disturbances;

ii. Employ an experienced equipment operator;

iii. Implement bucket control techniques, such as:

1) Do not overfill the bucket.

2) Close the bucket as slowly as possible on the bottom.

3) Pause before hoisting the bucket off of the bottom to allow any overage to settle near the bottom.

4) Hoist load very slowly.

5) If dewatering is permissible, pause bucket at water surface to minimize distance of discharge.

6) "Slam" open the bucket after material is dumped on a barge to dislodge any additional material that is potentially clinging to the bucket.

7) Ensure that all material has dumped into the barge from the bucket before returning for another bite.

8) Do not dump partial or full buckets of material back into the wetted stream.

iv. Implement suction dredge control techniques, such as:

1) Operate with the intake head at or below the surface of the sediments being removed during all periods of active dredging.

2) Slow cutter head rotation or lessen horsepower.

3) Slow swing arm speed.

4) Clean out slurry by pumping in river water before shutting down rather than purging.

5) If purging becomes necessary, raise intake line no more than 3 feet from the bottom.

c. Dredging of holes or sumps below maximum depth and subsequent redistribution of sediment by dredging, dragging, or other means is prohibited.

d. All anthropogenic debris greater than 1 foot in dimension must be removed from dredged sediments prior to in-water disposal and transported to an appropriate upland disposal site.

18) Spill Prevention: The Applicant must have a spill prevention and control plan. The Applicant must fuel, operate, maintain, and store vehicles, equipment, and materials in

Attachment DRAFT 401 WQC_USACE Oregon Coastal Dredging_Public Notice- p. 12 of 16 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 staging, cleaning, maintenance, refueling, and fuel storage must take place in a vehicle staging area placed 150 feet or more from any waters of the state. An exception to this distance may be authorized upon written approval by DEQ if all practicable prevention measures are employed and this distance is not possible because of any of the following site conditions:

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

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

or

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

b. If staging areas are within 150 feet of any waters of the state, as allowed under subsection (a)(iii) of this condition, full containment of potential contaminants must be provided to prevent soil and water contamination, as appropriate.

c. All vehicles operated within 150 feet of any waters of the state must be inspected daily for fluid leaks before leaving the vehicle staging area. Any leaks detected in the vehicle staging area must be repaired before the vehicle resumes operation.

d. Before operations begin and as often as necessary during operation, equipment must be steam cleaned (or undergo an approved equivalent cleaning) until all visible external 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 site and deployed as necessary.

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

h. A maintenance log documenting equipment maintenance inspections and actions must be kept on-site and available upon request.

Rule: ORS 466.645(1); OAR 340-142-0030(1)(b)(B), OAR 340-041

Justification: DEQ must ensure that pollution does not enter waterways and must be protective of beneficial uses, including fish.

19) Spill & Incident Reporting:

a. In the event that petroleum products, chemicals, or any other deleterious materials are discharged into state waters, or onto land with a potential to enter

Attachment DRAFT 401 WQC_USACE Oregon Coastal Dredging_Public Notice- p. 13 of 16 state waters, the Applicant must report the discharge to the Oregon Emergency Response Service (OERS, 1-800-452-0311) within 24 hours. The Applicant must immediately begin containment and complete cleanup as soon as possible.

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

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

If the Applicant is not satisfied with the conditions contained in this certification, a contested case hearing may be requested in accordance with Oregon Administrative Rule 340-048-0045.

Such requests must be made in writing to the DEQ Office of Compliance and Enforcement at 700 NE Multnomah St, Suite 600, Portland Oregon 97232 within 20 days of the mailing of this certification.

The DEQ hereby certifies this project in accordance with the Clean Water Act and state rules, with the above conditions. If you have any questions, please contact Haley Teach at haley.teach@deq.oregon.gov, by phone at (503) 229-5051, or at the address on this letterhead.

Sincerely, Theresa Burcsu, Water Quality Manager Northwest Region ec: J Barry Moncrief, USACE James Holm, USACE Kathleen Wells, NOAA Jeff Burright, DLCD

Attachment DRAFT 401 WQC_USACE Oregon Coastal Dredging_Public Notice- p. 14 of 16

Attachment DRAFT 401 WQC_USACE Oregon Coastal Dredging_Public Notice- p. 15 of 16

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

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

Representative Background Point: The Applicant must take and record a turbidity measurement every two hours during in-water work at an undisturbed area. A background location shall be established at a representative location approximately 200 feet upcurrent of the in water activity unless otherwise authorized by DEQ. The background turbidity, location, date, tidal stage (if applicable) and time must be recorded immediately prior to monitoring downcurrent at the compliance point described below.

Compliance Point: The must monitor every two hours. A compliance location shall be established at a representative location approximately 200 feet downcurrent from the disturbance at approximately mid-depth of the waterbody and within any visible plume. The turbidity, location, date, tidal stage (if applicable) and time must be recorded for each measurement.

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

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

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

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

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

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

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

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

MONITORING WITH A TURBIDIMETER EVERY 2

HOURS

TURBIDITY LEVEL

Restrictions to Duration of

Activity 0 to 4 NTU above background No Restrictions

5 to 29 NTU above background

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

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

30 to 49 NTU above background

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

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

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

Attachment DRAFT 401 WQC_USACE Oregon Coastal Dredging_Public Notice- p. 16 of 16

PUBLIC NOTICE

Date posted: 12/20/2024

DEQ Requests Comments on Proposed Water Quality Certification for Columbia River Navigation Channel Operations and Maintenance Project

HOW TO PROVIDE PUBLIC COMMENT

Facility name: Columbia River Navigation Channel Operations and Maintenance Project

Permit type: 401 Water Quality Certification

Comments due by: Friday, Jan. 24, 2025, at 5 p.m.

Send written comments:

By mail: Shelley Tattam, Oregon DEQ 700 NE Multnomah St, Suite 600, Portland, OR 97232

Your DEQ Online

The Oregon Department of Environmental Quality invites the public to provide written comments on a proposed issuance of a water quality certification for Columbia River Navigation Channel Operations and Maintenance Project known officially as a Clean Water Act Section 401 water quality certification.

Summary

Columbia River Navigation Channel Operations and Maintenance Project proposes to impact waters in order to continue dredging operations within the deep draft Columbia River federal navigation channel between river mile 3 and 145 (Bonneville Dam), four adjacent side channels (Hammond Boat Basin, Skipanon Channel, Westport Slough, and Oregon Slough), and the Portland-Vancouver anchorage areas in Clatsop, Columbia, and Multnomah counties, Oregon.

About the project

The United States Army Corps of Engineers, Portland District proposes to dredge 7 to 9 million cubic yards annually for a period for 10 years and dispose dredged material in-water, upland, shoreline, transfer site, or ocean placement in order to maintain necessary navigational depths. As part of this project, the USACE is proposing material placement at four in-water transfer sites.

The USACE developed a mitigation plan in 2008 for impacts related to the Columbia River FNC channel dredging and upland placement, including impacts to agriculture, wetlands, and riparian areas. The USACE completed 89.60 acres of wetland mitigation in 2010. The continued maintenance operations of the Columbia River and side channels, including placement actions, will not result in any additional impacts outside the scope of what has already been mitigated.

What does a water quality certification do?

One way DEQ protects Oregon’s water quality is by issuing water quality certifications. Section 401 of the Clean Water Act requires federal agencies to obtain a water quality certification from the state if the proposed activity may result in a discharge to surface waters. The certification states that the discharge will comply with applicable sections of the Clean Water Act.

Attachment OR State WQC LCR-1 https://www.oregon.gov/deq/about-us/Pages/titleVIaccess.aspx https://www.oregon.gov/deq/about-us/Pages/titleVIaccess.aspx https://www.oregon.gov/deq/about-us/Pages/titleVIaccess.aspx https://www.oregon.gov/deq/about-us/Pages/titleVIaccess.aspx https://www.oregon.gov/deq/about-us/Pages/titleVIaccess.aspx https://www.oregon.gov/deq/about-us/Pages/titleVIaccess.aspx mailto:deqinfo@deq.state.or.us https://ordeq-edms-public.govonlinesaas.com/pub/login

What legal authorities apply?

• Federal Clean Water Act

• Oregon Revised Statutes 468B

• Oregon Administrative Rules Chapter 340, Divisions 041 and 048

• Code of Federal Regulations, Part 121

What happens next?

To submit comments electronically, please visit Your DEQ Online. To submit a comment through Your DEQ Online, you can either set up an account by clicking “Register Account” or submit a comment without an account by clicking “Public Records and Services.” If you want to attach a file with your comment, you’ll need to create an account.

Once in the system, you may search for the public notice using the project name listed above or filtering the results by selecting 401 – Dredge and Fill Project as the Environmental Interest. Click the blue information ‘i’ in the far-right column of the project, and then select the tab labeled “comments.”

DEQ may hold a public hearing on the proposal if one is requested by 10 or more people or an organization representing 10 or more members. DEQ will review and consider all comments received. Following consideration of public comment, the certification may be issued as proposed, modified or denied.

You will be notified of DEQ’s final decision if you submit written comments during the comment period.

Otherwise, if you would like to receive notification, please contact Jennifer Wagner at jennifer.wagner@deq.oregon.gov.

For more information

Find more information by reviewing draft permit documents attached to this notice or contact Jennifer Wagner at jennifer.wagner@deq.oregon.gov with questions or to view documents in person at a DEQ office. Sign up to receive information about future 401 certification projects. Visit the Your DEQ Online Help page for more information on how to access public notice documents and submit comments through this platform.

Non-discrimination statement

DEQ does not discriminate on the basis of race, color, national origin, disability, age or sex in administration of its programs or activities. Visit DEQ’s Civil Rights and Environmental Justice page.

Attachment OR State WQC LCR-2 https://ordeq.org/ydo mailto:jennifer.wagner@deq.oregon.gov mailto:jennifer.wagner@deq.oregon.gov https://public.govdelivery.com/accounts/ORDEQ/subscriber/new?topic_id=ORDEQ_507 https://public.govdelivery.com/accounts/ORDEQ/subscriber/new?topic_id=ORDEQ_507 https://www.oregon.gov/deq/Permits/Pages/Your-DEQ-Online-Help.aspx https://www.oregon.gov/deq/about-us/Pages/titleVIaccess.aspx

MONTH DAY YEAR

Amy Gibbons USACE, Portland District PO Box 2946 Portland, OR 97204

RE: NWPOP-CLA-F05-001-FR; Columbia River Navigation Channel Operations and Maintenance Project 401 Water Quality Certification

The Department of Environmental Quality (DEQ) has reviewed the U.S. Army Corps of Engineers (USACE) Permit application # NWPOP-CLA-F05-001-FR, pursuant to a request for a Clean Water Act Section 401 Water Quality Certification (WQC) received on October 22, 2024.

This project as previously certified on May 19, 2014. The USACE is requesting a 10-year certification for this project. DEQ’s 401 WQC public comment opportunity was circulated from [Start Date] to [End Date].

According to the application, the USACE, Portland District (“the Applicant”) proposes to impact waters in order to continue dredging operations within the deep draft Columbia River federal navigation channel (FNC) between river mile 3 and 145 (Bonneville Dam), four adjacent side channels (Hammond Boat Basin, Skipanon Channel, Westport Slough, and Oregon Slough), and the Portland-Vancouver anchorage areas in Clatsop, Columbia, and Multnomah counties, Oregon.

Project Description: The Applicant proposes to dredge 7 to 9 million cubic yards annually for a period for 10 years and dispose dredged material in-water, upland, shoreline, transfer site, or ocean placement in order to maintain necessary navigational depths. As part of this project, the USACE is proposing material placement at four in-water transfer sites.

The USACE developed a mitigation plan in 2008 for impacts related to the Columbia River FNC channel dredging and upland placement, including impacts to agriculture, wetlands, and riparian areas. The USACE completed 89.60 acres of wetland mitigation in 2010. The continued maintenance operations of the Columbia River and side channels, including placement actions, will not result in any additional impacts outside the scope of what has already been mitigated.

Specific Areas to be Dredged:

Lower Columbia River FNC; deep draft channel and associated turning basins (RM 3 to RM 106.5). The authorized channel is 600 ft wide and 43 ft deep from RM 3 to 105.5 and 35 ft deep from RM 105.5 to 106.5, with an advanced maintenance depth (AMD) of 5 ft and overwidth of 100 ft if necessary.

Attachment OR State WQC LCR-3

Columbia River FNC; Vancouver, Washington to Bonneville Dam (RM 106.5 to RM 145).

The authorized channel is 300 ft wide and 27 ft deep; however, this reach is typically maintained to a depth of 17 ft, with AMD of 2 ft and variable overwidth up to 100 ft.

Columbia River FNC; side channels.

• Skipanon: This channel extends from the Columbia River to the Skipanon RM 2, and is authorized to 30 ft deep, with a width of 200 ft. Typically, the USACE maintains this reach to 16 ft deep, with 2 ft AMD and variable overwidth.

• Tongue Point: This channel is authorized to 34 ft deep and 350 ft wide, with a length of

1.6 miles, with 2 ft AMD and variable overwidth.

• Westport Slough: This channel is authorized to 28 ft deep, and 200 ft wide, with a length of 3,500 ft. Typically, the USACE maintains this reach to 20 ft deep with a 2 ft AMD and variable overwidth. The entrance channel for the ferry is maintained to 9 ft deep with 2 ft AMD and variable overwidth.

• Oregon Slough: The upstream entrance side channel is maintained to 10 ft deep by 300 ft wide, with a length of 5,800 ft with 2 ft AMD and variable overwidth. The downstream entrance from the Columbia Channel to Oregon Slough RM 1.5 is part of the deep draft channel authorized to 43 ft deep. The Oregon Slough side channel RM 1.5 to 3.8 is maintained to 20 ft deep by 200 ft wide with 2 ft AMD and variable overwidth.

Portland/Vancouver…