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The Environmental Protection Agency and the U.S. Army Corps of Engineers have published a final rule defining the scope of waters protected under the Clean Water Act, in light of the statute, science, Supreme Court decisions and the agencies’ experience and technical expertise. This final rule reflects consideration of the extensive public comments received on the proposed rule. The rule will ensure protection for the nation’s public health and aquatic resources, and increase CWA program predictability and consistency by clarifying the scope of ‘‘waters of the United States’’ protected under the Act.

Click here for a link to the Federal Register Notice announcing the Clean Water Rule: Definition of Waters of the United States. 

EPA and the Corps of Engineers released the second set of "Questions and Answers" regarding implementation of the Clean Water Rule, which is effective on 28 August 2015. The agencies will periodically update these "Questions and Answers" as experience with the rule grows. 

The effective date for the Clean Water Rule is Aug. 28, 2015.

Issue Date:  August 17, 2015

Point of Contact: Carrie Bond
Phone: (503) 808-4387
Email: Carrie.L.Bond@usace.army.mil
 
The U.S. Army Corps of Engineers (Corps), Portland District, Regulatory Branch will be maintaining electronic files for the La Grande and North Bend Field Offices.  This will not impact the permitting process; however, the Corps will start accepting electronic applications for the following counties:  Coos, Curry, Baker, Gilliam, Grant, Hood River, Jefferson, Malheur, Morrow, Sherman, Umatilla, Union, Wasco, Wallowa, and Wheeler; and the State of Washington ports.  The Corps will continue to accept hard copies of applications from those individuals who do not have the ability to submit an electronic version.  Hard copies should be mailed to the Portland District office or Eugene field office at one of the following addresses:  

USACE PORTLAND DISTRICT
ATTN:  CENWP-OD-G
333 SW 1st Ave
PORTLAND OR 97204-3440
 
USACE PORTLAND DISTRICT
ATTN: CENWP-OD-G
P.O. BOX 2946
PORTLAND OR 97208-2946

USACE EUGENE FIELD OFFICE
211 E. Seventh Avenue, Suite 105
EUGENE OR 97401-2722

Process for Online Submissions:  Please email your Joint Permit Applications (JPA), wetland delineations, permit modification requests, monitoring reports, jurisdictional determination requests, and any other requests to the following email address:  PortlandPermits@usace.army.mil.  The Corps will accept electronic monitoring reports from all counties in Oregon.  The applications and other documents should be formatted as Adobe Acrobat .pdf files.  You will receive an electronic notification with the project number and the Project Manager assigned to your project.  If you do not receive a response within 5 days of submission, please contact your representative field office. You can find contact information for your representative by county here:  http://www.nwp.usace.army.mil/Missions/Regulatory/Contact.aspx

Submitting Large Files:  If you need to submit file(s) larger than 10 megabytes (MB), you will need to split the file(s) into multiple emails of 10 MB or less, compress the file(s) into a .zip file, mail a CD or DVD with the file(s), or contact your Corps representative to use an .ftp site.  

Receiving Electronic Permit Decisions:  The Corps is expanding its efforts to transition to “paperless” as much as possible and anticipates issuing permits electronically for the counties serviced by these two field offices.  Correspondence, including the final permits, will be provided electronically unless permittees request a hard copy of these documents.  If you would like to receive electronic copies of permits and other decisions, please inform the Project Manager assigned to your project.

Issue Date: May 21, 2015

Who May Be Affected: Those members of the public requiring river access for in-water construction work, maintaining water intakes, irrigation systems, and/or boating access.  Permittees who may need to request modification of their existing permits.  Additional information regarding reservoirs and water levels may be obtained at: http://www.nwp.usace.army.mil/Missions/Water/Drought.aspx

Applications for Permits: The affected public should asses their permitting needs. Existing permittees should consider whether anticipated summer low flows may trigger the need for permit modifications to accommodate the lower water elevations.  

Application Process: Applicants for a Department of the Army (DA) permit from the U.S. Army Corps of Engineers must provide sufficient information for agency review.  Submitting a complete application will expedite the review.  Applicants may use the DA permit application form (ENG 4345) or the Oregon Joint Permit Application (JPA).  Applications may be obtained on line at: http://www.oregon.gov/dsl/PERMITS/Pages/forms.aspx

A map showing the project location is required as are plan views and cross-sectional drawings.  Drawings must be submitted on letter size paper (8 ½ by 11 inches) sufficiently detailed for reproducing and posting on the website.  Applications will not be considered complete without clear drawings.

Statutory Requirements: The Portland District Corps of Engineers (Corps) Regulatory Program evaluates applications for Department of the Army (DA) permits to perform work in "waters of the United States" throughout the State of Oregon.  The Corps regulatory authorities are found in the following:

Section 10, Rivers and Harbors Act 1899 (33 U.S.C. 403), for work in or affecting navigable waters of the United States.

Section 404, Clean Water Act (33 U.S.C. 1344), for discharge of dredged or fill material into waters of the United States.

Section 103, Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413), for the transport of dredged material for the purpose of dumping it into ocean waters.

Questions regarding the Corps’ Regulatory Program should be directed the Corps project manager assigned to the county in which the project is located.  A list of the telephone numbers by county assignment is attached and may be found at:  http://www.nwp.usace.army.mil/Missions/Regulatory/Contact.aspx

Issue Date:  March 12, 2015

Point of Contact: Judy Linton 
Phone: (503) 808-4382  
Email: judy.l.linton@usace.army.mil 

On March 19, 2012, the U.S. Army Corps of Engineers, Portland District published a Public Notice concerning the February 21, 2012 Federal Register Notice re-issuing existing Nationwide Permits (NWPs), related general conditions, definitions and issuing two new NWPs.  The public notice also announced the issuance of Regional Conditions (RC) specific to the state of Oregon.  

The list of regional conditions included RC 8 (Chemically Treated Wood) which stated:

Regional Condition 8. Chemically Treated Wood:  Permittee shall not allow wood products treated with biologically harmful leachable chemical components (e.g. copper, arsenic, zinc, creosote, chromium, chloride, fluoride, and pentachlorophenol) to be placed over or come in contact with waters or wetlands. 

a. New structures: Wood may be permanently or temporarily sealed with non-toxic products such as water-based silica or soy-based water repellants or sealers to prevent or limit leaching.  Acceptable alternatives to chemically treated wood include untreated wood, steel (painted, unpainted or coated with epoxy-petroleum compound or plastic), concrete and plastic lumber.

b. Removal of existing chemically treated wood: Permittee shall prevent chemically treated wood debris from entering any waters or wetlands.  In the event chemically treated wood debris inadvertently enters a water or wetland, permittee shall remove the material as soon as practicable and dispose of the material at an approved upland facility.

1)  Permittee shall make every practicable effort to remove chemically treated wood piles in their entirety using a vibratory hammer.
i)   In uncontaminated sediment, piling that breaks off during extraction shall be cut off at least three (3) feet below the surface of the sediment.
ii)  In contaminated sediment, piling that breaks off above the surface shall be cut off at the sediment line.  If the break occurs within contaminated sediment, no further effort shall be made to remove the pile.  Any resulting hole shall be filled with clean, native substrate.

New considerations of RC 8 indicate that a blanket prohibition against the use of treated wood under the NWP program may not be the best approach.  Rather, Portland District will conduct case-specific reviews of projects proposing to use treated wood or an alternative product.  During this review, the Corps will determine whether the proposal meets the terms and conditions of the 2012 NWPs and whether it may affect species listed under the Endangered Species Act or their designated critical habitat.  Therefore, the Corps has withdrawn RC8.

All other RCs applicable to the state of Oregon remain as originally issued and can be viewed at http://www.nwp.usace.army.mil/Missions/Regulatory/Nationwide.aspx.

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Issue Date: February 19, 2015

 
Who: U.S. Army Corps of Engineers, Portland District (Corps) as well as participating state and federal agencies.

What: Regularly scheduled, quarterly meetings are intended to cover permitting and related processes and to discuss new or emerging issues such as stormwater management requirements, best management practices, avoidance and minimization of aquatic resource impacts, alternatives, other agency processes and requirements, and to facilitate pre- application discussion of prospective projects with permit applicants.  The permit process discussion will be broad with focused topics as applicable.  The pre-application process is intended for both routine and non-routine permit application evaluations which may be complex or controversial in nature. The public is encouraged to submit agenda topics. The agenda will reflect level of interest and applicability to the Program.

When: Meetings will occur on the following dates from 1 to 4 p.m.

Feb. 18, 2015

May 20, 2015

Aug. 19, 2015

Nov. 18, 2015


Where: All meetings will be held at the Coos County Coquille Annex large conference room located at 201 N. Adams Street, Coquille, Oregon 97423.

Why: The Corps strives to be professional, fair and reasonable, knowledgeable, honest, timely, accountable and respectful of all applicants.  The intent of the meetings is to provide meaningful feedback to prospective applicants early in the design process to assist in project development.

Pre-meeting information


Prospective applicants interested in a formal pre-application meeting should work with their points of contact at the Corps prior to requesting time at quarterly meetings. These pre- application meetings are designed to assess preliminary designs and scheduling. Prospective attendees are asked to provide basic project information, in the form of responses to a standard set of questions, at least two weeks prior to the meeting.  If you have a topic or issue you would like to see addressed or discussed at one of these meetings please coordinate with one of the parties listed below at least two weeks prior to the meeting.
 
Prospective participating agencies

  • U.S. Army Corps of Engineers – Portland District
  • Oregon Department of State Lands
  • Oregon Department of Environmental Quality
  • U.S. EPA – Region 10 Oregon Operations Office
  • NOAA National Marine Fisheries Service
  • U.S. Fish and Wildlife Service
  • Oregon Department of Geology and Mineral Industries
  • Oregon Department of Fish and Wildlife
  • Oregon Department of Land Conservation and Development

For more information, please contact:

Tyler Krug, U.S. Army Corps of Engineers, Portland District
Phone: 541-756-2097
Email: Tyler.J.Krug@usace.army.mil
Regulatory Permitting for Coos and Curry counties

Anita Andazola, U.S. Army Corps of Engi neers, Portland District
Phone: 541-756-5316
Email: Anita.M.Anda zola @usace.army.mil
Enforcement and Compliance for Coos, Curry, Deschutes, Douglas, Jackson, Josephine,
Klamath, Lake and Lane counties

Teena Monical, U.S. Army Corps of Engineers, Portland District
Phone: 541-465-6877
Email:  Teena.G.Monical@usace.army.mil
Counties: Linn, Benton, Lane, Coos, Crook, Curry, Douglas, Jackson, Josephine, Deschutes, Klamath, Lake, Harney

Public Notice: Clean Water Act interpretive rule for 404(f)(1)(a) withdrawal

The U.S. Environmental Protection Agency and the U.S. Department of the Army are announcing the withdrawal of an interpretive rule addressing the exemption from permitting provided under section 404(f)(1)(A) of the Clean Water Act. The agencies want to make clear that the statutory exemption of 404(f)(1)(A) still remains available for use when applicable for discharges of dredged and/or fill material associated with normal farming, silviculture, and ranching activities that are part of an established operation and that do not have as their purpose bringing an area of waters of the U.S. into a use to which it was not previously subject, where the flow or circulation of the waters of the U.S. may be impaired or the reach of such waters be reduced (see 33 CFR 323.4 for more information).

 

On March 25, 2014, the agencies signed an interpretive rule, “Interpretive Rule Regarding Applicability of the Exemption from Permitting under Section 404(f)(1)(A) of the Clean Water Act to Certain Agricultural Conservation Practices,” that addressed applicability of the permitting exemption provided under section 404(f)(1)(A) of the CWA to discharges of dredged or fill material associated with certain agricultural conservation practices. Congress subsequently directed the agencies to withdraw this interpretive rule. See, Consolidated and Further Continuing Appropriation Act, 2015, Division D, section 112, Pub. L. No. 113-235.

 

On Jan. 29, 2015, the agencies signed a memorandum withdrawing the interpretive rule and this action is effective immediately. The Memorandum of Understanding signed on March 25, 2014, by EPA, Army and the U.S. Department of Agriculture, concerning the interpretive rule is also withdrawn. The signed memorandum withdrawing the interpretive rule is available at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx. The Federal Register Notice announcing the withdrawal will be published at www.federalregister.gov. Similar public notices are being published concurrently by other Corps district offices.

 

DATES: The interpretive rule is withdrawn as of Jan. 29, 2015.

 

For further information please contact: Stacey M. Jensen, Regulatory Community of Practice, U.S. Army Corps of Engineers, 441 G St., NW, Washington, D.C. 20314; telephone number 202–761–5856; e-mail address: USACE_CWA_RULE@usace.army.mil.

 

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Monthly Federal-State interagency coordination / preapplication meetings

Issue Date: Jan. 13, 2015 

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The U.S. Army Corps of Engineers, Portland District, and the Oregon Department of State Lands jointly welcome prospective Clean Water Act § 404 and Removal-Fill permit applicants to meet with the agencies as part of regularly scheduled interagency pre-application meetings. The meetings supplement existing pre-application coordination led by the Corps and DSL.

 

The pre-application process is intended for non-routine permit evaluations that may be large, complex, or controversial in nature. The intent of the meetings is to provide meaningful comment and feedback to prospective applicants early in the permitting process, to help them most effectively prepare permit applications and address agency concerns.

 

On the third Wednesday of each month, from 1-2 p.m, participating state and federal agencies will meet with a prospective applicant to discuss their proposed project, provide feedback, and share information.

 

The meetings are designed to assess draft information, and prospective attendees are asked to provide basic project information, in the form of responses to a standard set of questions, at least two weeks prior to the meeting.

Meeting locations and dates for 2015

January 21, 2015 – Portland, 2020 SW 4th Ave., Ste. 400

February 18, 2015- Portland, 333 SW 1st Ave., 8th Floor

March 18, 2015- Salem, 775 Summer St NE, Ste. 100

April 15, 2015- Portland, 805 SW Broadway, Ste. 500

May 20, 2015 – Portland, 2020 SW 4th Ave., Ste. 400

June 17, 2015 – Portland, 333 SW 1st Ave., 8th Floor

July 15, 2015 – Portland, 805 SW Broadway, Ste. 500

August 19, 2015 – Salem, 775 Summer St NE, Ste. 100

September 16, 2015 – Portland, 700 NE Multnomah St

October 21, 2015 – Portland, 333 SW 1st Ave., 8th Floor

November 18, 2015 – Salem, 775 Summer St NE, Ste. 100

December 16, 2015 – Portland, 700 NE Multnomah St, Ste. 600

Note: Meetings may be relocated to Salem, Eugene, or elsewhere if appropriate for specific prospective projects.

Screening tools and pre-meeting information

Prospective applicants interested in a formal pre-application meeting should work with their points of contact at the Corps and DSL and review online project screening tools prior to requesting time at a monthly agency meeting.

 

The screening tools, known as the matrix and accompanying matrix user’s guide, are available on the Oregon Department of State Lands website, linked here:

http://oregon.gov/dsl/PERMITS/Pages/Removal-Fill-Pre-Application-Meetings.aspx

 

The matrix will help prospective applicants assess if a pre-application meeting will be beneficial to their project development. Even if the applicant opts to not have a formal pre-application meeting, the information contained in the matrix and user’s guide may be helpful for any project potentially needing a § 404 permit (and associated § 401 Water Quality Certification) or a Removal-Fill Permit, and a less formal pre-application meeting may still be appropriate.

 

The screening tools are intended primarily for use by large-scale, controversial or complex projects. The tools are available for any potential applicant or agency staff person to use, and can be scaled down to assess the risks associated with less complex or less controversial projects.

Participating agencies

  • U.S. Army Corps of Engineers – Portland District
  • Oregon Department of State Lands
  • Oregon Department of Environmental Quality
  • U.S. EPA – Region 10 Oregon Operations Office
  • NOAA National Marine Fisheries Service
  • U.S. Fish and Wildlife Service
  • Oregon Department of Geology and Mineral Industries
  • Oregon Department of Fish and Wildlife
  • Oregon Department of Land Conservation and Development

For more information, contact:

Eric Metz, Oregon Department of State Lands, Aquatic Resource Management Program

Phone: 503-986-5266

Email: Eric.Metz@dsl.state.or.us

 

Michael Turaski, U.S. Army Corps of Engineers, Portland District

Phone: 503-808-4381

Email: Michael.R.Turaski@usace.army.mil

Counties: Baker, Clackamas, Clatsop, Columbia, Gilliam, Grant, Hood River, Jefferson, Lincoln, Malheur, Marion, Morrow, Multnomah, Polk, Sherman, Tillamook, Umatilla, Union, Wallowa, Wasco, Washington, Wheeler, Yamhill

 

Teena Monical, U.S. Army Corps of Engineers, Portland District

Phone: 541-465-6877

Email: Teena.G.Monical@usace.army.mil

Counties: Linn, Benton, Lane, Coos, Crook, Curry, Douglas, Jackson, Josephine, Deschutes, Klamath, Lake, Harney

Training guide and video

Monthly meetings

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Issued:  Jan. 3, 2013

The U.S. Army Corps of Engineers, Portland District and the Oregon Department of State Lands jointly welcome prospective Clean Water Act § 404 and Removal-Fill permit applicants to meet for a regularly scheduled interagency pre-application meeting. This meeting supplements existing pre-application Corps and DSL coordination.

 

The pre-application process is intended for non-routine permit evaluations that may be complex or controversial. The meeting provides the opportunity for meaningful comment and feedback to prospective applicants early in the permitting process.

 

Participating state and federal agencies will meet from 1 to 3 p.m. on the third Wednesday of each month. The agenda reserves approximately one hour for prospective applicants to solicit feedback and present information to the assembled agencies.

 

The meetings are designed to assess draft information, and prospective attendees are asked to provide basic project information in the form of responses to a standard set of input questions at least two weeks prior to the meeting.

Locations and dates aren't yet established for 2014.

Note: Meetings may be relocated to Salem, Eugene or elsewhere if appropriate for specific prospective projects. 

Screening tools and pre-meeting information

Prospective applicants interested in a formal pre-application meeting should work with their points of contact at the Corps and DSL and review online project screening tools prior to requesting time at a monthly agency meeting.

 

The screening tools, known as the matrix and accompanying matrix user’s guide, are available at: http://oregon.gov/dsl/PERMITS/Pages/Removal-Fill-Pre-Application-Meetings.aspx

 

The matrix helps prospective applicants assess the potential value of a pre-application meeting to their project development. Even if the applicant opts to not have a formal pre-app meeting, the matrix and user’s guide may be helpful for any project potentially needing a § 404 permit (and associated § 401 Water Quality Certification) or a Removal-Fill Permit.

 

The screening tools are intended primarily for use by large-scale, controversial or major projects. The tools are available for anyone to use, and can be scaled down to assess the risks associated with less complex or less controversial projects.

For more information, please contact:

Bill Ryan, Oregon Dept. of State Lands, Wetlands and Waterways Div.

503-986-5259  Bill.Ryan@dsl.state.or.us

 

Michael Turaski, U.S. Army Corps of Engineers, Portland District

503-808-4381  Michael.R.Turaski@usace.army.mil

Counties: Baker, Clackamas, Clatsop, Columbia, Gilliam, Grant, Hood River, Jefferson, Lincoln, Malheur, Marion, Morrow, Multnomah, Polk, Sherman, Tillamook, Umatilla, Union, Wallowa, Wasco, Washington, Wheeler, Yamhill

 

Teena Monical, U.S. Army Corps of Engineers, Portland District

541-465-6877  Teena.G.Monical@usace.army.mil

Counties: Linn, Benton, Lane, Coos, Crook, Curry, Douglas, Jackson, Josephine, Deschutes, Klamath, Lake, Harney

Public Notices by Year

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NWP-2008-224-1 - 8/27/2015: Heidi Firstencel is the Regulatory point-of-contact for this application for a permit from Lane County School District No. 4J to conduct work impacting wetlands adjacent to a tributary to Amazon Creek in Eugene, Oregon.
Expiration date: 9/28/2015


NWP-2013-141/1 - 8/18/2015: Heidi Firstencel is the Regulatory point-of-contact for this application for a permit from McDougal Brothers, Inc., to conduct work impacting wetlands adjacent to Amazon Diversion Canal/Amazon Creek in Eugene, Oregon.
Expiration date: 9/16/2015


NWP-2014-276 - 7/29/2015: Tom Taylor is the Regulatory point-of-contact for this proposal establish a 66.43-acre wetland mitigation project in Tillamook County, Oregon.
Expiration date: 8/28/2015

ATTACHMENTS:  


NWP-2013-292 - 7/24/2015: Dominic Yballe is the Regulatory point-of-contact for this application for a permit from Port of Tillamook Bay to conduct work impacting affect various tidal and non-tidal features contributing waters to Tillamook Bay, Tillamook County, Oregon.
Expiration date: 8/23/2015


NWP-2015-234 - 7/24/2015: Tom Taylor is the Regulatory point-of-contact for this proposal establish a 47.3-acre wetland mitigation project in Warrenton, Oregon.
Expiration date: 8/23/2015

ATTACHMENTS:  


NWP-2014-165 - 7/16/2015: Richard Chong is the Regulatory point of contact for this application for a permit from Saddle Mountain, Inc., to conduct work impacting the Skipanon and Columbia rivers in Warrenton, Oregon.
Expiration date: 8/17/2015


NWP-2007-1005-1 - 7/8/2015: Judy Linton is the Regulatory point-of-contact for this proposal to reauthorize Regional General Permit 5, Discharges into Vernal Pool Wetlands, in Jackson County, Oregon.
Expiration date: 8/7/2015


NWP-2006-923-1 - 6/19/2015: Tyler Krug is the Regulatory point-of-contact for this application for a permit from Freeman Rock, Inc., to conduct work impacting the Rogue River, River Mile 2.8 near Gold Beach, Oregon.
Expiration date: 7/17/2015


NWP-2015-170 - 6/3/2015: Andrea Wagner is the Regulatory point-of-contact for this application for a permit from Mennonite Homes of Albany, Inc., to conduct work impacting wetlands adjacent to Oak Creek in Albany, Oregon.
Expiration date: 7/3/2015


NWP-2015-38 - 5/28/2015: Melody White is the Regulatory point-of-contact for this application for a permit from Front St. Marine, LLC, to conduct work impacting Yaquina Bay and the Yaquina River in Newport, Oregon.
Expiration date: 6/29/2015


1 2 3 4 5 6 7 8 9 10 ... 23