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SPECIAL PUBLIC NOTICE
Paperless Transition


Point of Contact: Carrie Bond
Phone: (503) 808-4387

Email: Carrie.L.Bond@usace.army.mil Issue Date: August 2, 2016


The U.S. Army Corps of Engineers (Corps), Portland District, Regulatory Branch will now accept permit applications electronically.  On August 17, 2015, the Corps initiated a pilot program to accept permit applications electronically for projects within certain counties in Oregon.  The Corps will now accept permit applications and other correspondence electronically for all counties in Oregon and for those applicants in Washington that obtain permits from the Portland District.

This paperless transition will not alter the permit process.  The use of electronic communications and digital information processing is expected to reduce transmittal delays and improve timeliness of the permit process.  Electronic submittals are the preferred method; however, the Corps will continue to accept hard copies of permit applications and other correspondence.

Process for Electronic Submissions:  Please email your permit applications, permit modification requests, and jurisdictional determination requests (with wetland delineations) to the following email address:  PortlandPermits@usace.army.mil.  All documents should be formatted as Adobe Acrobat PDF files.  You will receive a receipt notification email with the project number and the Project Manager (PM) assigned to your project.  Once a PM is assigned, you may email additional items directly to the PM, or use the FTP site described below for files larger than 10 megabytes (MB).  

If you do not receive a receipt notification email after 5 working days from the date of your electronic permit application submission, please contact your Corps representative. You can find contact information for your Corps representative by looking up the county where your project is located on the map at this link:  http://www.nwp.usace.army.mil/Missions/Regulatory/Contact.aspx

Submitting Large Files:  If you need to submit file(s) larger than 10 MB, you will need to either 1) use the Corps FTP site described below or 2) mail a CD or DVD with the files to the appropriate office.  Instructions for the FTP site are as follows:

To Access the Corps FTP site, visit the following URL:  https://safe.amrdec.army.mil/safe/.  At the site, click the blue box on the right side under “Non-CAC Users” that says “Click Here”.  You will be prompted to enter your name and email address and to upload your files.  You will also need to add a description of the file(s) and a recipient email address.  For initial submittals, the recipient will be PortlandPermits@usace.army.mil.  If you are submitting additional information to the PM directly, please make the recipient the PM’s email address.  Additionally, there are options to set a deletion date (maximum is 14 days), encrypt the email message when possible, and receive notifications of when file downloads are started and completed.  Once the required fields on this page are filled out, click “Upload”.  You will then be prompted to agree or disagree to the SAFE usage policy.  Click “I Agree” to continue.  You will receive a confirmation email, which requires you to confirm your email address.  Follow the link in the email and use the password in the email to confirm your email address.  Once your email address is verified, the uploaded files will be sent to the intended recipient.  

Receiving Electronic Correspondence from the Corps:  The Corps will send only email correspondence (which includes the permit or other decision letter) unless you specifically request hard copy correspondence.

Non-Electronic Submissions and Correspondence:  The Corps recognizes not all permit applicants have the ability to coordinate electronically.  The Corps will continue to accept hard copies of permit applications and other correspondence by regular mail.  Hard copies should be mailed to the Portland District office or Eugene field office, as appropriate, at one of the following addresses:  

Mailing Address:

USACE Portland District
ATTN: CENWP-OD-G
P.O. BOX 2946
Portland, OR 97208-2946

Physical Address:

USACE Portland District
ATTN:  CENWP-OD-G
333 SW 1st Ave
Portland, OR 97204-3440
 
USACE Eugene Field Office
211 E. Seventh Avenue, Suite 105
Eugene, OR 97401-2722  

JOINT PUBLIC NOTICE

Issue Date: August 12, 2016


Notice: Interested parties are hereby notified that the U.S. Army Corps of Engineers Northwestern Division (Corps) and the U.S. Environmental Protection Agency – Region 10 (EPA) have released the 2016 Sediment Evaluation Framework for the Pacific Northwest (SEF). The 2016 SEF replaces the 2009 SEF.

The 2016 SEF is posted on the following Corps webpages at:
http://www.nwd.usace.army.mil/Missions/Civil-Works/Navigation/RSET/SEF and http://www.nwp.usace.army.mil/Missions/Environment/DMM/, and on EPA’s Ocean Dumping webpage at: https://www.epa.gov/ocean-dumping/managing-ocean-dumping-epa-region-10#dm

Purpose and Background: The SEF guidance is used to evaluate the suitability of dredged material for unconfined, aquatic disposal in the states of Washington, Oregon, and Idaho. The agencies use the SEF to ensure that Corps Civil Works dredging, and dredging permitted by the Corps Regulatory Program, complies with the Clean Water Act and Marine Protection, Research and Sanctuaries Act.

Public Comments: The Draft of the SEF was available for comment between November 19, 2015, and February 1, 2016. Our sincere thanks to everyone who took the time to comment. The agencies’ responses to public comments are posted at: http://www.nwd.usace.army.mil/Missions/Civil-Works/Navigation/RSET/SEF.

Public Process to Change the SEF: It is the intent of the agencies to update the SEF guidance in the future, with public input, as revisions become necessary due to new information or refinement of sediment sampling and testing procedures. The public process to propose substantive changes to the SEF appears in Appendix B of the document.

Special Public Notice
Permit Application Project Drawings

 

Issue Date: July 1, 2016

In recent months, the U.S. Army Corps of Engineers, Portland District, Regulatory Branch (Corps) has been receiving permit applications with project drawings that do not meet Corps requirements. Permit applications submitted with unacceptable drawings (e.g., illegible, omissions, incorrect format) will delay the processing of the application. Clear and accurate project drawings facilitate the prompt evaluation of the application. This public notice and the attached Drawing Checklist describes the requirements for project drawings.

The Corps’ regulations at 33 CFR Part 325.1(d) and Part 325.3 outline contents for a complete standard permit application and the information required to issue a Public Notice for the application. 33 CFR 325.1(d) states “the application must include a complete description of the proposed activity including necessary drawings, sketches, or plans sufficient for public notice (detailed engineering plans and specifications are not required)”. Drawings in this format should also be submitted with applications for Nationwide Permits.

The general guidelines for project drawings are as follows:
1) Drawings must be on 8 ½- by 11-inch paper.
2) Drawings must be in black and white or reproducible in black and white.
3) Drawings must include a vicinity map or maps with two views: a) where the project is in the state and b) and the location in relation to landmarks, streets or other points of reference near the site.
4) Drawings must be to scale. Use a graphic scale.
5) Drawings must clearly show the project area(s) with clear project boundaries.
6) Drawings must have a North arrow, as appropriate.
7) Drawings should clearly distinguish between existing and proposed conditions.

More detailed information is provided in the attached Drawing Checklist. This checklist will be used when reviewing applications. Permit applications will be deemed incomplete if the drawings provided do not meet all the requirements.

For expeditious processing of your permit application submittal, please adhere to the following: 
1) Do not use binding or laminating techniques other than paper clips or binder clips.
2) Confirm the drawings are legible and the maps clearly identify the project location.
3) Use either all double-sided or all single-sided paper (double-sided is preferable). Please do not mix single-sided and double-sided throughout your submittal.
4) The submittal package should be entirely on 8 ½- by 11-inch paper.

Submitting clear and accurate permit application drawings will reduce the need for the Corps to request revisions, resulting in timely permit processing. The maps, drawings, and other figures are included in our public notices, and they must illustrate the project in sufficient detail at the specified paper size. Finally, if a permit is issued, it will include the project maps, drawings, and figures, which will be incorporated in the permit by reference. Permittees are required to implement the project in accordance with the approved drawings. Complete and accurate project drawings ensures the Corps and permittee have a clear and shared understanding of the authorize work and thus reduces permit non-compliance issues.

Printer-friendly pdf versions of this document and enclosure are available below:
NWP Permit Application Project Drawings Public Notice
Enclosure - Permit Applications Drawing Checklist

Public Notice
Nationwide Permit Re-issuance
Request for Comments

Point of Contact: Judy Linton Issue Date:  June 15, 2016
Phone: (503) 808-4382 Expiration Date:  August 1, 2016
Email:
judy.l.linton@usace.army.mil


On June 1, 2016, the U.S. Army Corps of Engineers published in the Federal Register its proposal to reissue 50 existing Nationwide Permits (NWPs) and issue two new NWPs.

Nationwide permits are general permits issued on a nationwide basis to streamline the authorization of activities that result in no more than minimal individual and cumulative adverse environmental effects.  To ensure this threshold is met, many of the proposed NWPs require notification to the district engineer before commencing the proposed work.

National Issues Concerning the Proposed NWPs:  The Federal Register notice is the public’s opportunity to comment on the proposed NWPs, general conditions, and definitions. Comments on national issues relating to these NWPs should be submitted to docket number COE-2015-0017 at www.regulations.gov, by email to NWP2017@usace.army.mil, or by mail to Headquarters, U.S. Army Corps of Engineers, Directorate of Civil Works, ATTN: CECW-CO-R, 441 G Street, N.W., Washington, D.C. 20314-1000.  Instructions for submitting comments are provided in the June 1, 2016, Federal Register notice.  Comments on the proposed NWPs are due by August 1, 2016.

Regional Issues Concerning the Proposed NWPs, Including Regional Conditioning: Division engineers are authorized to add regional conditions specific to the needs and/or requirements of a particular region or state.  Regional conditions are important mechanisms to ensure the adverse environmental effects of activities authorized by the NWPs are no more than minimal, both individually and cumulatively.  Division engineers may also suspend or revoke specific NWPs in certain geographic areas (e.g., states or watersheds) or high-value aquatic systems where the adverse environmental effects caused by activities authorized by those NWPs may be more than minimal.  An enclosure to this public notice (Enclosure 1) lists the proposed regional conditions currently under consideration by the Portland District for the State of Oregon.  The Portland District is seeking comments on the proposed regional conditions and seeking comments on the need for additional regional conditions to help ensure that the adverse environmental effects of activities authorized by the proposed NWPs are no more than minimal, individually and cumulatively.  Unless otherwise noted, all proposed regional conditions listed on this enclosure are applicable for activities in Oregon.

In reviewing the proposed Regional Conditions, we are especially seeking input on Regional Condition 2 (Aquatic Resources of Special Concern).  Are there other resources that should be added to the list?  If you do think other resources should be added, please provide a brief justification as to why the resource should be added along with a definition of the resource.  Also, for those resources currently on the list, Portland District is working on developing definitions that are adequate to provide guidance to the public and our Project Managers on how to identify them.  Public suggestions on these definitions are welcome.


Comments on regional issues relating to the proposed NWPs and regional conditions are to be sent to U.S. Army Corps of Engineers Portland District, Attn: Ms. Judy Linton (CENWP-OD-G), P.O. Box 2946, Portland, Oregon 97208-2946.  Comments may also be provided by email to Ms. Judy Linton at judy.l.linton@usace.army.mil.  Comments relating to regional conditions are due by August 1, 2016.  Similar public notices proposing regional conditions in other regions or states are being published concurrently by other division or district offices.

After the final NWPs are issued, the final regional conditions will be issued following approval by the Division Commander.  Appropriate state agencies and Tribal governments will also make their Clean Water Act Section 401 (401) water quality certification and Coastal Zone Management Act (CZMA) consistency determination decisions.  The 401/CZMA decisions must be made within 90 days of the Federal Register notice announcing the issuance of the NWPs.  The final NWPs will go into effect on or before March 19, 2017.

Draft decision documents for each of the proposed NWPs, which include environmental documentation required by the National Environmental Policy Act, have been prepared by Corps Headquarters.  The decision documents will address compliance of the NWPs with the requirements for issuance under the Corps general permit authority.  These documents, as well as the proposed NWPs, are available for viewing at www.regulations.gov, docket number COE-2015-0017.  Final decision documents will be prepared for those NWPs issued. In addition, the national NWP decision documents will be supplemented by division engineers to address their decisions concerning regional conditions for the NWPs.

Enclosure 2 of this public notice is an index of the proposed NWPs and conditions.  Anyone wishing to provide comments may obtain a full text copy of the NWPs through the Corps Home Page at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/NationwidePermits, at www.regulations.gov in docket number COE-2015-0017, or the Federal Register at http://www.gpo.gov/fdsys/pkg/FR-2016-06-01/pdf/2016-12083.pdf.

 

Printer-friendly pdf versions of this document and its enclosures are available below:
2017 Nationwide Permit Re-issuance Regional Conditions
Enclosure 1 - Proposed Regional Conditions
Enclosure 2 - Index

 

 

The U.S. Army Corps of Engineers, as part of an interagency effort with the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, and the U.S. Department of Agriculture - Natural Resources Conservation Service, published the final biennial update to the National Wetland Plant List in the federal register.  All comments have been evaluated and final indicator statuses have been set. Agencies began using the 2016 NWPL list on May 1, 2016. Learn more about the NWPL here

Issue Date: Dec. 21, 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 has posted emergency procedures on its website as follows:  

The U.S. Army Corps of Engineers (Corps) defines emergency by our Regulations at 33 CFR Part 325.2(e)(4) as a situation which would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant economic hardship if corrective action requiring a Department of the Army permit is not undertaken within a time period less than the normal time needed to process the application under standard procedures. 

The Corps may not view an action as an emergency if the applicant has known of the deficient condition of the failing structure and has not made reasonable attempts to secure appropriate permits and conduct timely repairs.  Emergency declarations by the state or a county government does not mean all repair activities qualify as emergency situations.  The Corps makes emergency authorization decisions on a case-by-case basis. 

You must notify the Corps Regulatory Branch of the need to perform emergency work. The Corps has the responsibility to determine if the proposed work is consistent with the Corps' definition of an emergency, whether authorization is needed, and if so, which type of authorization is required. 

Contact the Corps Regulatory Branch Immediately - Call the Corps Regulatory Branch project manager for your region to discuss the situation as soon as possible. Click here for a link to the project managers and their regions.  If the project managers are not available, contact the Section or Branch Chief.  If you need to contact the Corps after work hours or on the weekends, please contact the Branch Chief, Shawn Zinszer, at 503-927-0363.

If the work meets the Corps' definition of an emergency, then the Corps will initiate the emergency authorization procedures.  Emergency authorization procedures include coordinating with resource agencies, tribes, and our Division office.  This process may take from a few hours to up to a week.  Work cannot begin until the Corps indicates work may commence.  The emergency work should be the minimum necessary to resolve the emergency situation.  Following the emergency, additional coordination with the Corps will be required to remove or modify the emergency work or for additional proposed work to complete the final repairs.  The project may require compensatory mitigation or other requirements.  A final permit approval may take over 6 months to obtain. 

In certain circumstances we may initiate "expedited" (not emergency) authorization procedures.  This process may take several weeks to complete.  In other cases, the proposed work will be subject to our regular permit process appropriate for the nature and location of the work. 

It is important you contact the Corps prior to beginning work. Unauthorized discharges may be subject to an enforcement action.
Issue Date: February 25, 2016

The U.S. Army Corps of Engineers (Corps), Seattle, Walla Walla, and Portland districts and the U.S. Environmental Protection Agency, Region 10 (EPA) jointly announce the availability of the Streamflow Duration Assessment Method (SDAM) for the Pacific Northwest (dated November 2015).  The method is a rapid assessment tool to help document streamflow duration and distinguish between ephemeral, intermittent, and perennial streams. The SDAM may help in providing technical guidance for identifying waters that may be subject to regulatory jurisdiction under Section 404 of the Clean Water Act; however this method does not affect the definition of “Waters of the U.S.” 


This announcement extends the applicability of this tool to the Pacific Northwest. SDAM was developed for use in the state of Oregon by the Corps, EPA, and the Oregon Department of State Lands in 2011. This current method results from a validation study conducted in two phases on 264 stream reaches across the range of hydrologic landscapes of Oregon, Idaho, and Washington from 2008 to 2012.  Developed through statistical analyses of field data, it provides a simplified approach using seven reliable indicators to provide information on streamflow duration.   

The SDAM can be applied whenever there is uncertainty regarding streamflow duration and a rapid method of evaluation is desired. The method provides a scientifically supported, rapid assessment framework to support best professional judgment in a consistent, robust, repeatable and defensible way.  Use of the method may result in more timely and predictable jurisdictional determinations, and is also useful where knowledge of streamflow duration improves ecological assessment, management, and decision-making. 

The method and data forms are available on the internet at: 
http://www.epa.gov/measurements/streamflow-duration-assessment-method-pacific-northwest

For additional information, contact the Corps or the EPA:

Corps:
Portland District, Peter Olmstead, 541-962-0401, Peter.D.Olmstead@usce.army.mil
Seattle District, Jess Jordan, 206-316-3967, Dale.J.Jordan@usace.army.mil
Walla Walla District, Robert Brochu 208-522-1645, Robert.A.Brochu@usace.army.mil or Christen Marve Griffith, 208-433-4470, Christen.M.Griffith@usace.army.mil

EPA: Tracie Nadeau, 503-326-3685, Nadeau.Tracie@epa.gov

Monthly Federal-State interagency coordination / preapplication meetings

Issue Date: Jan. 6, 2016

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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 Oregon’s 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 to 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 2016

Jan. 20, 2016 – Corps office – Portland, 333 SW 1st Ave.
Feb. 17, 2016 – DSL office – Salem, 775 Summer St NE, Suite 100
March 16, 2016 – DEQ office – Portland, 700 NE Multnomah St., Suite 600  
April 20, 2016 – Corps office – Portland, 333 SW 1st Ave.
May 18, 2016 – DSL office – Salem, 775 Summer St NE, Suite 100
June 15, 2016 – DEQ office – Portland, 700 NE Multnomah St., Suite 600
July 20, 2016 – Corps office – Portland, 333 SW 1st Ave.
Aug. 17, 2016 – DSL office – Salem, 775 Summer St NE, Suite 100
Sept. 21, 2016 – DEQ office – Portland, 700 NE Multnomah St., Suite 600
Oct. 19, 2016 – Corps office – Portland, 333 SW 1st Ave.
Nov. 16, 2016 – DSL office – Salem, 775 Summer St NE, Suite 100
Dec. 21, 2016 – DEQ office – Portland, 700 NE Multnomah St., Suite 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, please contact:
Eric Metz, Oregon Department of State Lands, Aquatic Resource Management Program
Phone: 503-986-5266
Email: Eric.Metz@dsl.state.or.us 

Jaimee Davis, U.S. Army Corps of Engineers, Portland District (Portland HQ office)
Phone: 503-808-4381
Email: jaimee.w.davis@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 (Eugene field office)
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

Issue Date: Dec. 15, 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 be flexible presentations regarding the permitting and related processes, focused discussions on 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 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: Meeting locations and dates for 2016 will occur on the following dates from 1 to 4 p.m.

Feb. 17, 2016

May 18, 2016

Aug. 17, 2016

Nov. 16, 2016


Where: All meetings for 2016 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 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 Engineers, Portland District Phone: 541-756-5316
Email: Anita.M.Andazola@usace.army.mil
Regulatory Permitting for Douglas, Deschutes, and Crook 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
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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The Sixth Circuit issued an order staying the new Clean Water Rule nationwide, pending a determination by the court on jurisdiction to review the rule. Thus, the Clean Water Rule is stayed, and the prior 1986 regulations are in effect nationwide. USACE and EPA are evaluating the order and its implications for the litigation that is currently pending in district courts. In the meantime, USACE is not implementing the Clean Water Rule, and is using the 1986 regulations and applicable guidance (those in effect prior to August 28, 2015) in making jurisdictional determinations or taking other actions based on the definition of "waters of the United States."

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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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

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-2016-264 - 8/23/2016: Carrie Bond is the Regulatory point-of-contact for this permit application from The Oregon Department of Transportation to conduct work impacting Antelope Creek and 14 wetlands (Wetlands A through N) present within the project area in Lakeview, Lake County, Oregon.
Expiration date: 9/19/2016


NWP-2014-307-1 - 8/18/2016: Benny Dean is the Regulatory point-of-contact for this permit application from Kent Aldrich to conduct work impacting wetlands and two unnamed tributaries in Monroe, Oregon.
Expiration date: 9/16/2016


NWP-2016-57 - 8/18/2016: Brad Johnson is the Regulatory point-of-contact for this permit application from the Bonneville Power Administration to conduct work impacting wetlands in Polk, Marion, Linn and Benton counties in Oregon.
Expiration date: 9/15/2016


NWP-2015-402 - 8/16/2016: Judy Linton is the Regulatory point-of-contact for this proposed Regional General Permit authorizing certain maintenance activities in waters of the U.S. within Douglas, Coos and Curry counties. The proposed RGP would be applicable along the South Coast of Oregon from the Umpqua River in Douglas County to the California border and within the limits of Oregon’s designated coastal zone.
Expiration date: 9/15/2016


NWP-2016-127 - 8/16/2016: Michael LaDouceur is the Regulatory point-of-contact for this permit application from Polygon NW Company to conduct work impacting a tributary to the Tualatin River and associated wetlands in Tigard, Oregon.
Expiration date: 9/15/2016


NWP-2010-593-2 - 8/16/2016: Carrie Bond is the Regulatory point-of-contact for this permit application from the Oregon Department of Transportation to conduct work impacting Whetstone Creek, North and South Swanson Creek, ditches, and associated wetlands in Medford, Oregon.
Expiration date: 9/14/2016


NWP-2015-186 - 8/11/2016: Tyler Krug is the Regulatory point-of-contact for this permit application from The Oregon Department of Fish and Wildlife to conduct work impacting Wetlands abutting and adjacent to unnamed tributaries to Sevenmile Creek, and channels abutting Beaver Slough in Bandon, Coos County, Oregon.
Expiration date: 9/8/2016


NWP-2016-180 - 8/8/2016: Andrea Wagner is the Regulatory point-of-contact for this permit application from the Albany Parks Department to conduct work impacting an unnamed wetland adjacent to municipal stormwater pipes in Albany, Linn County, Oregon.
Expiration date: 9/5/2016


NWP-2015-436 - 7/27/2016: Omar Ortiz is the Regulatory point-of-contact for this permit application from Pacific Power to conduct work impacting 4.78 acres of wetlands and a roadside ditch in Central Point, Jackson County, Oregon.
Expiration date: 8/24/2016


NWP-1997-200-4 - 7/25/2016: Tyler Krug is the Regulatory point-of-contact for this permit application from the Curry County Road Department to conduct work impacting Hunter Creek near Gold Beach, Oregon.
Expiration date: 8/22/2016


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