Portland District Header Image

PORTLAND DISTRICT

Home
Home > Missions > Regulatory > Notices

Regulatory announcements

Collapse All Expand All

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signed on March 25, 2014, by EPA, Army and the U.S. Department of Agriculture, concerning the interpretive rule is also withdrawn.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DATES: The interpretive rule is withdrawn as of Jan. 29, 2015.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.

 

Click here for a link to a printer-friendly version of this document.

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 proposed rule for definition of "Waters of the U.S."

On April 21, 2014, the USEPA and the Corps of Engineers are publishing for public comment a proposed rule defining the scope of waters protected under the Clean Water Act, in light of the U.S. Supreme Court cases in U.S. v. Riverside Bayview, Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, and Rapanos v. United States. The proposed rule was developed to enhance protection for the nation’s public health and aquatic resources, and increase CWA program predictability and consistency by increasing clarity as to the scope of “waters of the United States” protected under the Act.

Developing a final rule to provide the intended level of certainty and predictability, and minimizing the number of case-specific determinations, will require significant public involvement and engagement. Such involvement and engagement will allow the agencies to make categorical determinations of jurisdiction, in a manner that is consistent with the scientific body of information before the agencies – particularly on the category of waters known as “other waters.”

The agencies propose to define “waters of the United States” in section (a) of the proposed rule for all sections of the CWA to mean: traditional navigable waters; interstate waters, including interstate wetlands; the territorial seas; impoundments of traditional navigable waters, interstate waters, including interstate wetlands, the territorial seas, and tributaries, as defined, of such waters; tributaries, as defined, of traditional navigable waters, interstate waters, or the territorial seas; and adjacent waters, including adjacent wetlands. Waters in these categories would be jurisdictional “waters of the United States” by rule – no additional analysis would be required. The agencies emphasize that the categorical finding of jurisdiction for tributaries and adjacent waters was not based on the mere connection of a water body to downstream waters, but rather a determination that the nexus, alone or in combination with similarly situated waters in the region, is significant based on data, science, the CWA, and case law.

In addition, the agencies propose that “other waters” (those not fitting in any of the above categories) could be determined to be “waters of the United States” through a case-specific showing that, either alone or in combination with similarly situated “other waters” in the region, they have a “significant nexus” to a traditional navigable water, interstate water, or the territorial seas. The proposed rule also offers a definition of significant nexus and explains how similarly situated “other waters” in the region should be identified.

The agencies propose to exclude specified waters from the definition of “waters of the United States” in section (b) of the proposed rule. The agencies propose no change to the exclusion for waste treatment systems designed consistent with the requirements of the CWA, no change to the exclusion for prior converted cropland, and no change to the regulatory status of water transfers. The agencies propose, for the first time, to exclude by regulation certain waters and features over which the agencies have generally not asserted CWA jurisdiction. Codifying these longstanding practices supports the agencies’ goals of providing greater clarity, certainty, and predictability for the regulated public. Waters and features that are determined to be excluded under section (b) of the proposed rule will not be “recaptured” as jurisdictional waters under any of the categories in the proposed rule under section (a).

The agencies’ decision on how best to address jurisdiction over “other waters” in the final rule will be informed by the final version of the EPA’s Office of Research and Development synthesis of published peer-reviewed scientific literature discussing the nature of connectivity and effects of streams and wetlands on downstream waters (U.S. Environmental Protection Agency, Connectivity of Streams and Wetlands to Downstream Waters: A Review and Synthesis of the Scientific Evidence, (Washington, D.C.: U.S. Environmental Protection Agency, 2013)) and other available scientific information.

The goal of the agencies is to ensure the regulatory definition is consistent with the CWA, as interpreted by the Supreme Court, and as supported by science, and to provide maximum clarity to the public, as the agencies work to fulfill the CWA’s objectives and policy to protect water quality, public health, and the environment.

National issues concerning the proposed rule:

Similar public notices are being published concurrently by other Corps division or district offices. The Federal Register notice is the public’s opportunity to provide comment on the proposed rule. For more information on the proposed rule, please visit: http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/NationalNoticesandProgramInitiatives.aspx  

Submit comments on or before Nov. 14, 2014.

Submit your comments, identified by Docket ID No. EPA–HQ–OW–2011–0880 by one of the following methods:

  • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. 
  • E-mail: ow-docket@epa.gov. Include EPA–HQ–OW–2011–0880 in the subject line of the message. 
  • Mail: Send the original and three copies of your comments to: Water Docket, Environmental Protection Agency, Mail Code 2822T, 1200 Pennsylvania Avenue, NW, Washington, DC 20460, Attention: Docket ID No. EPA–HQ–OW–2011–0880.
  • Hand-delivery / courier: Deliver your comments to: EPA Docket Center, EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington, DC 20460, Attention Docket ID No. EPA–HQ–OW–2011–0880. Such deliveries are accepted only during the Docket’s normal hours of operation, which are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. Special arrangements should be made for deliveries of boxed information.
  • The telephone number for the Water Docket is 202–566–2426.

    For further information, contact:

Donna Downing, Office of Water (4502–T)

Environmental Protection Agency

1200 Pennsylvania Ave. NW

Washington, DC 20460

202–566–2428

CWAwaters@epa.gov

Stacey M. Jensen

Regulatory Community of Practice (CECW–CO–R)

U.S. Army Corps of Engineers

441 G St. NW

Washington, DC 20314

202–761–5856

USACE_CWA_Rule@usace.army.mil

 *Include the EPA Docket ID No. EPA-HQ-OW-2011-0880 in the subject line of the message.

 

Click here for a link to a printer-friendly version of this Regulatory Public Notice

Monthly Federal-State interagency coordination / preapplication meetings

Issue Date: Jan. 13, 2015 

(click here for a print-friendly version of this document)

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

Collapse All Expand All

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

1 2 3 4 5 6 7 8 9 10 ... 21


NWP-2011-465 - 2/23/2015: Steve Gagnon is the Regulatory point-of-contact for this Special Public Notice regarding the establishment of a Danger Zone at the Oregon National Guard Base at Camp Rilea, Ore.
Expiration date: 3/25/2015


NWP-2014-446 - 2/23/2015: Michael LaDouceur is the Regulatory point-of-contact for this permit application from the city of Hillsboro for work in the Tualatin River at river mile 39.4, in Hillboro, Ore.
Expiration date: 3/25/2015


NWP-2015-043 - 2/10/2015: Benny Dean Jr. is the Regulatory point-of-contact for this permit application from Lane County Public Works for work impacting approximately 1.72 acres of wetlands in Eugene, Ore.
Expiration date: 3/12/2015


NWP-2014-424 - 2/4/2015: Omar Ortiz is the Regulatory point-of-contact for this permit application from Oliver Spires for work in unnamed tributaries and wetlands adjacent to Lower Crooked Creek, in Lakeview, Ore.
Expiration date: 3/6/2015


NWP-2008-694-1 - 1/23/2015: Andrea Wagner is the Regulatory point-of-contact for this permit application from Eugene Freezing and Storage Co. for work in wetlands adjacent to Beaver and Oak creeks in Albany, Ore.
Expiration date: 2/22/2015


NWP-2014-200 - 1/20/2015: Michael LaDouceur is the Regulatory point-of-contact for this permit application from Venture Properties for work in the Fanno Creek watershed in Tigard, Ore.
Expiration date: 2/19/2015


NWP-2013-70-1 - 1/12/2015: Danielle Erb is the Regulatory point-of-contact for this permit application from Meisel Rock Products for work on the Weston Bar at River Mile 60 of the Willamette River, near Dayton, Ore.
Expiration date: 2/11/2015

ATTACHMENTS:  


NWP-2007-551/1 - 1/8/2015: Joseph Sheahan is the Regulatory point-of-contact for this permit application from the Cedar Investment Group for work impacting wetlands adjacent to and abutting drainage and Lone Pine Creek in Medford, Oregon.
Expiration date: 2/9/2015


NWP-2005-748 - 1/8/2015: The U.S. Army Corps of Engineers, in coordination with the Oregon Department of Environmental Quality, is holding two public information meetings to explain the evaluation process for the Oregon LNG terminal and pipeline. The public is invited to attend and ask agency representatives process-related questions to learn more about how permit applications are reviewed by the Corps, DEQ and other agencies.
Expiration date: 1/29/2015

NWP-2012-441 - 1/6/2015: The U.S. Army Corps of Engineers, in coordination with the Oregon Department of Environmental Quality, is holding four public information meetings to explain the evaluation process for the Jordan Cove Energy Project LNG terminal and pipeline. The public is invited to attend and ask agency representatives process-related questions to learn more about how permit applications are reviewed by the Corps, DEQ and the Oregon Department of Land Conservation and Development.
Expiration date: 1/22/2015

1 2 3 4 5 6 7 8 9 10 ... 21