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Regulatory image of trees over a creekThe United States Congress authorizes the U.S. Army Corps of Engineers to regulate activities that may impact wetlands and waters of the United States. This authority is granted and defined under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Federal Water Pollution Control Act Amendments of 1972, also known as the Clean Water Act.

 

Public involvement is a key element of the Corps’ permit review process. During an application review, the Corps considers the views of other federal, state and local agencies, Native American tribes, interest groups, and the general public. The results of this careful public interest review are fair and equitable decisions that allow reasonable use of private property, infrastructure development, and growth of the economy, while offsetting the authorized impacts to the waters of the United States.

Recent Regulatory Notices


Public Notice Distribution List Updates

October 17, 2017
Interested parties are hereby notified the U.S. Army Corps of Engineers, Portland District (Corps) is updating our list of individuals and organizations interested in receiving notification of Regulatory Branch special and standard individual permit public notices.

Corps issues Regional General Permit 9 for maintenance activities along South Coast of Oregon

August 17, 2017
The Corps has issued a regional general permit authorizing certain maintenance activities in the waters of the United States within Douglas, Coos, Curry and Lane Counties for the discharge of dredged or fill material into such waters.

Proposed: general permit extension

November 8, 2012
The Portland District proposes to extend RGP-4 for one year. RGP-4 authorizes the U.S. Forest Service and Bureau of Land Management to conduct aquatic habitat restoration activities on federal lands in Oregon.

Proposed: Rogue Basin 2012 water management plan

May 25, 2012
The 2012 Water Year outlook and proposed Rogue Basin water management plan were presented at a public meeting on May 22, 2012, in Medford, Ore.

Proposed: Water Quality Conditions for reissued Nationwide Permits on tribal lands

May 3, 2012
U.S. Environmental Protection Agency’s Proposed Water Quality Conditions for Reissued Corps of Engineers Nationwide Permits on Tribal Lands in Oregon

401 Water Quality Certification for 2012 Nationwide Permit Program

May 3, 2012
401 Water Quality Certification for 2012 Nationwide Permit Program

2012 Nationwide Regional Permit Conditions Portland District

May 3, 2012
Nationwide Regional Permit Conditions, Portland District

Nationwide Permits: 33 CFR Part 330 -- C. Nationwide Permit General Conditions

May 3, 2012
Nationwide Permit Conditions: 33 CFR Part 330 -- C. Issuance of Nationwide Permits – March 19, 2012

Regulatory announcements

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INVITATION
Public Outreach Events
Springfield and Medford, Oregon

Issue Date:September 21, 2017

The U.S. Army Corps of Engineers, Portland District, Regulatory Branch (Corps) is hosting two public outreach meetings:

Thursday, October 19, 2017
10:00 a.m. to 3:00 p,m. 
U.S. Forest Service
Room 100
3106 Pierce Parkway
Springfield, Oregon
Wednesday, November 1, 2017
10:00 a.m. to 3:00 p.m.
City of Medford Public Library
Large Conference Room 
205 South Central Avenue
Medford, Oregon

Draft agendas for each meeting are attached. There may be minor changes to either agenda, but generally, the Corps will discuss the contents of a complete application and preconstruction notification, key project evaluation procedures, the 2017 Nationwide Permits, mitigation, compliance and unauthorized activities, and National Historic Preservation Act compliance, as well as other topics. In addition, the Oregon Department of Environmental Quality (DEQ) will be sending representatives to present will provide updates on the Clean Water Act Section 401 Water Quality Certification Program.


This event is an opportunity for anyone interested in the Corps’ Regulatory Program, including consultants, project proponents and members of the public to learn about recent and upcoming changes in the program and to meet informally with regulatory project managers, program managers and supervisors who work across Oregon.

If you have any questions, please contact Benny Dean Jr., Regulatory Team Leader, at 541-465-6769 or benny.a.dean@usace.army.mil or Melanie O’Meara, Regulatory Project Manager, at (541) 465-6765 or melanie.s.omeara@usace.army.mil.

DRAFT Agenda for Thursday, October 19, 2017
Springfield, Oregon

10:00 – 10:15 a.m. Welcome/Introductions
Shawn Zinszer – Corps, Regulatory 
10:15 – 10:45 a.m. Applications/Project Review Overview
Melanie O’Meara – Corps, Regulatory
10:45 – 11:15 a.m. 2017 Nationwide Permits
Judy Linton – Corps, Regulatory
11:15 – 11:45 a.m. 401 WQC for the 2017 NWPs
Roxy Nayar – Oregon Department of Environmental Quality
11:45 – 12:15 p.m. Section 106 of the National Historic Preservation Act
Christopher Page – Corps, Regulatory Archaeologist
12:15 – 1:00 p.m. Break for lunch
1:00 – 1:30 p.m. Delineations/Jurisdictional Determinations
Anita Andazola – Corps, Regulatory
1:30 – 2:00 p.m. Mitigation Update
Andrea Wagner – Corps, Regulatory
2:00– 2:30 p.m. Compliance/Unauthorized Activities
Marcia Heer – Corps, Regulatory
2:30 – 2:45 p.m.  Q&A – Other Topics
All
2:45 – 3:00 p.m. Informal Meet and Greet
All

DRAFT Agenda for Wednesday, November 1, 2017
Medford, Oregon

10:00 – 10:15 a.m. Welcome/Introductions
Shawn Zinszer – Corps, Regulatory 
10:15 – 10:45 a.m. Applications/Project Review Overview
Melanie O’Meara – Corps, Regulatory
10:45 – 11:15 a.m. 2017 Nationwide Permits
Melanie O'Meara – Corps, Regulatory
11:15 – 11:45 a.m. 401 WQC under 2017 NWPs
Sara Christensen – Oregon Department of Environmental Quality
11:45 – 12:15 p.m. Section 106
Benny Dean, Jr. – Corps, Regulatory Archaeologist
12:15 – 1:00 p.m. Break for lunch
1:00 – 1:30 p.m. Delineations/Jurisdictional Determinations
Anita Andazola – Corps, Regulatory
1:30 – 2:00 p.m. Mitigation Update
Andrea Wagner – Corps, Regulatory
2:00– 2:30 p.m. Compliance/Unauthorized Activities
Marcia Heer – Corps, Regulatory
2:30 – 2:45 p.m.  Q&A – Other Topics
All
2:45 – 3:00 p.m. Informal Meet and Greet
All

Public Notice
Announcing the Regional Conditions for the 2017 Nationwide Permits in Oregon

Download a printer-friendly pdf of this notice 

Issue Date: March 17, 2017

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

On January 6, 2017, the U.S. Army Corps of Engineers (Corps) published a notice in the Federal Register announcing the reissuance of all 50 existing nationwide permits (NWPs), general conditions, and definitions with some modifications. The Corps also issued two new NWPs, one new general condition, and five new definitions. The 2017 NWPs are effective as of March 19, 2017, and will expire on March 18, 2022.

Concurrent with the public interest review conducted for the NWPs, the Portland District solicited public comment concerning proposed regional conditions for the 2017 NWPs. The regional conditions are intended to provide additional protection for the aquatic environment, by ensuring that the NWPs authorize only those activities with minimal adverse effects on the aquatic environment. The final Regional Conditions for the 2017 NWPs, which apply to the state of Oregon and have been approved by the Northwestern Division Commander, are attached.

The Regional Conditions will be posted to the Portland District website soon. The District’s website can be found at http://www.nwp.usace.army.mil/Missions/Regulatory.aspx. In addition to the Regional Conditions, the website will include Section 401 Water Quality Certification (WQC) decisions on the 2017 NWPs from the Oregon Department of Environmental Quality and U.S. Environmental Protection Agency (for certain tribal lands), and the Coastal Zone Management Act (CZMA) consistency determination from the Oregon Department of Land Conservation and Development (DLCD). These documents will be posted as they become available.

2017 Nationwide Permit Regional Conditions Portland District

The following Nationwide Permit (NWP) regional conditions are for the State of Oregon. Regional conditions are placed on NWPs to ensure projects result in no more than minimal adverse impacts to the aquatic environment and to address local resource concerns.

ALL NWPs – 

1. Notification: For permittees that received written NWP approval, upon starting the authorized activities, you shall notify the U.S. Army Corps of Engineers, Portland District, Regulatory Branch that the work has started. Notification shall be provided by e-mail to cenwp.notify@usace.army.mil and the email subject line shall include: Corps project number and the project location by county.

2. Aquatic Resources of Special Concern: Pre-construction notification to the District Engineer is required for all activities proposed in waters of the U.S. within an aquatic resource of special concern. Aquatic resources of special concern are resources that are difficult to replace, unique, and/or have high ecological function. For the purpose of this regional condition, aquatic resources of special concern are native eel grass (Zostera marina) beds, mature forested wetlands, bogs, fens, vernal pools, alkali wetlands, wetlands in dunal systems along the Oregon coast, estuarine wetlands, Willamette Valley wet prairie wetlands, marine gardens, marine reserves, kelp beds, and rocky substrate in tidal waters.

In addition to the content requirements of NWP General Condition (GC) 32, the pre- construction notification must include a statement explaining why the effects of the proposed activity are no more than minimal. Written approval from the District Engineer must be obtained prior to commencing work.

Note: If the District Engineer determines that the adverse effects of the proposed activity are more than minimal, then the District Engineer will notify the applicant that either:

(a) the activity does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (b) the activity is authorized under the NWP subject to submission of a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level; or (c) the activity is authorized under the NWP with specific modifications or conditions.

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

b. Notify the Portland District Engineer as soon as possible following discovery but in no case later than 24 hours. Notification may be sent by fax (503-808-4375) or electronically (cenwp.notify@usace.army.mil) and shall identify the Corps project number and clearly specify the purpose is to report a cultural resource discovery. The permittee shall also notify the Corps representative (by email and telephone) identified in the verification letter.

c. Notify the Oregon State Historic Preservation Office by telephone at (503) 986-0690.

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

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

a. Permittee shall complete all in-water work, to the maximum extent practicable, within the preferred time period (i.e., work window) specified in Oregon Department of Fish and Wildlife’s (ODFW) “Oregon Guidelines for Timing of In-Water Work to Protect Fish and Wildlife Resources,” June 2008, or most current version, available at: http://www.dfw.state.or.us/lands/inwater/.

b. If work cannot be completed within the preferred timing window, despite every attempt to do so, permittee shall submit a written request to work outside of the preferred window to the District Engineer. The request can be made by means of the joint-agency In-water Work Period Variance Request for Previously Permitted Authorizations form which can be found at http://www.oregon.gov/dsl/WW/Pages/WWforms.aspx. Permittee shall not begin any in- water work outside of the preferred window until they have received written approval from the District Engineer.

Note: The final specified in-water work period will be based on a project-specific evaluation and may supersede these guidelines through special conditions of the permit verification.

5. Essential Fish Habitat: Activities which may adversely affect essential fish habitat, as defined under the Magnuson-Stevens Fishery Conservation and Management Act (MSA), are not authorized by NWP until essential fish habitat requirements have been met by the applicant and the Corps. Non-federal permittees must submit a pre-construction notification to the District Engineer if essential fish habitat may be affected by, or is in the vicinity of, a proposed activity and shall not begin work until notified by the District Engineer that the requirements of the essential fish habitat provisions of the MSA have been satisfied and the activity is authorized. The notification must identify the type(s) of essential fish habitat (e.g., Pacific coast salmon, Pacific coast groundfish, and/or Coastal-pelagic species) managed by a Fishery Management Plan that may be affected. Information about essential fish habitat is available at NOAA’s website: http://www.westcoast.fisheries.noaa.gov/.
 
6. Bank Stabilization: Permittee shall include the use of bioengineering techniques and natural materials in the project design to the maximum extent practicable and shall minimize the use of rock. Bioengineering bank stabilization techniques are those that increase the strength and structure of soils with a combination of biological and mechanical elements (e.g., vegetation, root wads and woody debris, rock structures). Riparian plantings shall be included in all project designs unless the permittee can demonstrate that such plantings are not practicable.

7. Fish Screening: To prevent injury or mortality to fish due to entrainment, the permittee shall ensure that all intake pipes include adequately sized screens.

Note: Fish passage and screening criteria can be obtained from the National Marine Fisheries Service (NMFS) at http://www.westcoast.fisheries.noaa.gov/fish_passage/solutions/index.html. Information regarding Oregon’s fish passage laws can be obtained from ODFW at http://www.dfw.state.or.us/fish/passage/links.asp.

8. Work Area Isolation and Dewatering: Appropriate best management practices shall be implemented to prevent erosion and to prevent sediments from entering waters of the U.S.

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

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

c. Sand and gravel bag dams shall be lined with a plastic liner or geotextile fabric to reduce permeability and prevent sediments and/or construction materials from entering waters of the U.S.

d. Upstream and downstream flows shall be maintained by routing flows around the construction site.

e. When dewatering is necessary for construction, a sediment basin, or other applicable method, shall be used to settle sediments prior to releasing the water back into the waterbody. Settled water shall be returned to the waterbody in such a manner as to avoid erosion. Sediment basins shall be placed in uplands.

f. Fish and other aquatic species must be salvaged (i.e., safely captured and relocated away from the project or development site) prior to dewatering.

Note: The ODFW requires a Scientific Take Permit be obtained to salvage fish and wildlife. Further information from ODFW is available at http://www.dfw.state.or.us/fish/license_permits_apps/scientific_taking_permit.asp.
 
9. Dredging: For NWP-authorized activities that involve removal of sediment from waters of the U.S., the permittee shall ensure that any necessary sediment characterization regarding size, composition, and potential contaminants is conducted prior to dredging. Sediment characterization must be conducted per the Sediment Evaluation Framework for the Pacific Northwest (available at: http://www.nwp.usace.army.mil/Missions/Environment/DMM.aspx).

Note 1: The return water from a contained disposal area is defined as a discharge of dredged material by 33 CFR Part 323.2(d) and requires separate authorization from the District Engineer (e.g., by NWP 16).

Note 2: The Oregon Department of Environmental Quality (DEQ) requires removed material placed in an upland site to meet the definitions of clean fill as provided in OAR 340-093-0030 or the use must be specifically allowed by DEQ by rule, permit, or other authorization.

10. Mechanized Equipment: In addition to the requirements in NWP GC 11, permittee shall implement the following practices to prevent or minimize impacts to the aquatic environment from mechanized equipment:

a. Use existing roads, paths, and construction pads where available. Temporary mats or pads, when required to provide access onto wetlands or tidal flats, shall be removed within 30 days of completing the authorized work.

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

c. Equipment shall not be staged, fueled, or maintained within waters of the U.S.

d. Spill prevention and containment materials shall be maintained and be readily accessible at vehicle staging areas. The amount of spill response materials (such as straw matting/bales, geotextiles, booms, diapers, and other absorbent materials, shovels, brooms, and containment bags) maintained on-site must be appropriate for the size of the authorized activity.

11. Stormwater Management: Pre-construction notification to the District Engineer is required for all activities resulting in the creation of new impervious surfaces if any species or designated critical habitat listed under the Endangered Species Act (ESA) might be affected or are in the vicinity of the activity. The Corps may require a post-construction stormwater management plan (SWMP) and completion of a supplemental Stormwater Information Form to assist in the determination of the activity's affects to listed species or designated critical habitat and to be used in ESA consultation as necessary.

Note 1: The Corps considers impervious surfaces to include roof tops, walkways, patios, driveways, parking or storage areas, concrete or asphalt paving, gravel roads, packed earthen material, and oiled surfaces.

Note 2: Under the DEQ 401 Water Quality Certification Program, the DEQ evaluates post- construction stormwater pollution for any project resulting in new, an increase in, or redevelopment of impervious surfaces. DEQ may require the applicant to submit a post-
 
construction SWMP for review and approval prior to the start of construction. DEQ provides information on preparing a SWMP at http://www.deq.state.or.us/wq/sec401cert/docs/stormwaterGuidelines.pdf. DEQ requires applicants to first consider low impact development options. If these options can’t be implemented, a narrative must be provided explaining why.

12. Erosion Control: During construction and until the site is stabilized, the permittee shall ensure all practicable measures are implemented and maintained to prevent erosion and runoff. Temporary stockpiles of excavated or dredged material shall be stabilized to prevent erosion. Once soils or slopes have been stabilized, permittee shall completely remove and properly dispose of or re-use all non-biodegradable components of installed control measures.

Note: DEQ provides information on erosion and sediment control measures at http://www.deq.state.or.us/wq/wqpermit/docs/general/npdes1200c/ErosionSedimentControl.pdf. Details on best management practices are found at http://www.deq.state.or.us/wq/wqpermit/docs/general/npdes1200c/BMPManual.pdf.

13. Temporary Fills and Impacts: To ensure no more than minimal adverse environmental effects from temporary fills and impacts to waters of the U.S:

a. Temporary fills and/or impacts to waters of the U.S. shall not exceed six months unless otherwise approved by the District Engineer.

b. No more than one-half (½) acre of waters of the U.S. may be temporarily filled or impacted unless otherwise approved by the District Engineer (temporary fills and impacts do not affect specified limits for loss of waters associated with specific nationwide permits).

c. Native soils and/or sediments removed from waters of the U.S. for project construction shall be stockpiled and used for site restoration to the maximum extent practicable.

d. Site restoration of temporarily filled or impacted areas shall include returning the area to pre-project ground surface contours. The permittee shall appropriately revegetate temporarily filled or impacted areas with native, noninvasive herbs, shrubs, and/or tree species sufficient in number, spacing, and diversity to replace affected aquatic functions.

Note: The Corps will determine compensatory mitigation requirements for temporary fills and impacts on a case-by-case basis depending on the duration and nature of the temporary fill or impact and the type of aquatic resource affected.

14. Contractor Notification of Permit Requirements. The permittee must provide a copy of the nationwide permit verification letter, conditions, and permit drawings to all contractors and any other parties performing the authorized work, prior to the commencement of any work in waters of the U.S.

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

NATIONWIDE SPECIFIC CONDITIONS:

NWP 5 – Scientific Measurement Devices
1. Permittee shall remove all scientific measurement devices including all associated structures and fills including anchoring devices, buoys, and cables within 30 days after the device is no longer being used for its intended purpose.

NWP 6 – Survey Activities
1. The use of explosives in waters of the U.S. is not authorized by this NWP.
2. Permittee shall isolate all in-stream exploratory trenching from flowing water. NWP 12 – Utility Line Activities
1. Manholes placed in streams or other waterways require specific approval by the
District Engineer.

Note: To ensure there are no impacts to native shellfish beds, agency coordination by the Corps of Engineers is required where utility lines are proposed in estuaries.

NWP 13 – Bank Stabilization
1. Pre-construction notification, when required, must include photo documentation of the existing conditions at the proposed project site.

NWP 23 – Approved Categorical Exclusions
1. Pre-construction notification to the District Engineer is required for all activities.

NWP 29 – Residential Developments
1. The loss of waters of the U.S. associated with the construction or expansion of a single residence including attendant features (e.g., utility lines, roads, yards, etc) shall not exceed one-fourth (¼) acre.

2. Pre-construction notification must identify if the project is for the construction or expansion of a single residence, a multiple unit/subdivision residential development, or a phased residential development. For projects proposed within or associated with a multiple unit/subdivision residential development or a phased residential development, the pre-construction notification must identify any known previous Department of the Army (DA) authorizations received for the multiple unit/subdivision residential development or a phased residential development.

NWP 33 – Temporary Construction, Access, and Dewatering
1. Pre-construction notification to the District Engineer is required prior to commencing all activities conducted in waters of the U.S. (i.e. Section 10 and 404 waters). The pre- construction notification must include a restoration plan showing how all temporary fills and structures will be removed and the area restored to pre-project conditions.
 
NWP 39 – Commercial and Institutional Developments
1. Pre-construction notification must identify if the project is for the construction or expansion of a single commercial or institutional development, a multiple unit commercial or institutional development, or a phased commercial or institutional development. For projects proposed within or associated with a multiple unit or phased commercial or institutional development, the pre-construction notification must identify any known previous Department of the Army (DA) authorizations received for the multiple unit or phased development.

NWP 42 – Recreational Facilities
1. Pre-construction notification must identify if the project is for the construction or expansion of a single recreational facility, a multiple unit recreational facility, or a phased recreational facility development. For projects proposed within or associated with a multiple unit recreational facility or a phased recreational facility development, the pre- construction notification must identify any known previous Department of the Army (DA) authorizations received for the multiple unit or phased development.

NWP 43 – Stormwater Management Facilities
1. This NWP does not authorize the retention of water in excess of that required to meet stormwater management requirements. Unauthorized purposes include recreational lakes, reflecting pools, irrigation, etc.

NWP 44 – Mining Activities
1. In-stream mining, including bar scalping, is not authorized by this NWP.
2. The use of explosives in waters of the U.S. is not authorized by this NWP. NWP 48 – Commercial Shellfish Aquaculture Activities
Note: For projects involving commercial aquaculture or mariculture cultivation of oysters,
clams, and mussels on state-owned submerged and submersible lands, permittee is advised authorization may be required from the Oregon Department of Agriculture. For more information go to http://www.oregon.gov/oda/programs/foodsafety/pages/aboutfoodsafety.aspx.

NWP 52 – Water Based Renewable Energy Generation Pilot Projects
Note: Activities located within ocean waters may be subject to the siting requirements of the Oregon Territorial Sea Plan, which designates areas as suitable for such activities.
For more information go to http://www.oregon.gov/LCD/OCMP/Pages/Ocean_TSP.aspx.

PUBLIC NOTICE
Proposal to Reissue
Regional General Permit 6 with Modifications for Bonneville Power Administration Funded Habitat Improvement Projects

Download the complete 105-page version of this notice

Issue Date: January 18, 2017
Expiration Date: February 17, 2017
US Army Corps of Engineers No: NWP-2011-127-1
30-Day Notice

POC: Carrie Bond
Phone #: (503) 808-4387
Email: Carrie.L.Bond@usace.army.mil

Interested parties are hereby notified the U.S. Army Corps of Engineers, Portland District (Corps), proposes to reissue Regional General Permit (RGP) 6 with modifications to authorize projects that receive funding from the Bonneville Power Administration (BPA) to conduct aquatic habitat restoration activities within the Columbia River Basin in Oregon. The Corps is soliciting comments on the attached draft RGP 6.

LOCATION OF AUTHORIZED ACTIVITIES: The region for this RGP is the area within the boundary of the Columbia River Basin within the state of Oregon. The RGP would only authorize qualifying activities within the RGP boundary. (Refer to the map on page 12.)

RGP INFORMATION: An RGP is a type of Department of the Army authorization (33 CFR 322.2(f) and 323.3(h)) that is issued on a regional basis for a category or categories of activities when those activities are substantially similar in nature and would cause no more than minimal individual and cumulative environmental impacts. An RGP is an effective mechanism available to the Corps to improve the regulatory process for applicants, enhance environmental protection, and make more efficient use of limited resources.

The proposed RGP contains provisions intended to protect the aquatic environment, endangered species, and cultural resources. Work that would not comply with the provisions of the RGP would not be authorized by this permit and may require Department of the Army authorization by a standard individual permit. Moreover, compliance with the provisions of this RGP would not in itself guarantee that the work is authorized by this RGP. Activities that appear to comply with the provisions of this RGP but would have an unacceptable adverse impact on the public interest would not be authorized by this permit.

BPA-FUNDED PROJECTS: This RGP would authorize BPA-funded habitat restoration projects. These restoration activities are designed to maintain, enhance, create, and/or restore watershed functions to benefit fish species, other aquatic organisms, water quality, riparian areas, floodplains, and wetlands. Under the Northwest Power Act, the Northwest Power & Conservation Council (NWPCC), representing the four Northwest states, developed a Columbia Basin Fish and Wildlife Program (Program) that provides guidance for BPA's fish and wildlife mitigation actions.

Beginning in 1996, BPA began enlisting NWPCC to periodically solicit projects intended to help meet BPA’s share of the Program’s measures and objectives through an open and public process. The NWPCC is directed by the Northwest Power Act to conduct a review of submitted restoration project proposals and to make recommendations to BPA for project funding from BPA’s annual fish and wildlife program budget. The NWPCC accomplishes its review of the project proposals with the assistance of an Independent Scientific Review Panel (ISRP).

The ISRP must review a sufficient number of projects to ensure that the list of prioritized projects recommended to BPA is consistent with the NWPCC’s program. The ISRP assesses whether projects are based on sound scientific principles, benefit fish and wildlife, and have a clearly defined objective and outcome with provisions for monitoring and evaluation of results. After its review, the ISRP rates each project as fundable, fundable in part, not fundable, or requiring a further response, based on the panel’s application of the criteria. The NWPCC fully considers the ISRP’s evaluation in making its final project recommendations to BPA.
 
Based largely on the NWPCC’s final recommendations, BPA makes funding decisions and implements projects through contracts with numerous entities, including Columbia Basin tribes, states, other federal agencies, universities, and private vendors. BPA also considers its other fish and wildlife obligations, such as those required by the Endangered Species Act, in the decision making process.

PROJECT PURPOSE: Activities authorized by this RGP would be for the purposes of maintaining, enhancing, creating, and/or restoring watershed functions to benefit fish species, other aquatic organisms, water quality, riparian areas, floodplains, and wetlands.

RGP ACTIVITIES DESCRIPTION: The activities proposed for inclusion in this RGP are predictable as to their effects and are consistent with large scale aquatic conservation strategies and the best available science. Modifications from the original RGP 6 include expanding and clarifying the habitat restoration activity categories to closely follow the categories from the BPA Habitat Improvement Program (HIP) biological opinions issued from both the National Marine Fisheries Service and the U.S. Fish and Wildlife Service. The original five (5) categories were 1) Surveying, Construction, Operation, and Maintenance Activities; 2) Planning and Habitat Protection Areas; 3) Instream Habitat Actions; 4) Livestock Impact Reduction; and 5) Irrigation and Water Delivery/Management Actions. The proposed nine (9) categories of habitat restoration activities for the new RGP 6 are as follows:

1. Fish Passage Restoration.
Profile Discontinuities:
a. Dams, Water Control, or Legacy Structure Removal.
b. Consolidate or Replace Existing Irrigation Diversions.
c. Headcut and Grade Stabilization.
d. Low Flow Consolidation.
e. Providing Fish Passage at an Existing Facility.

Transportation Infrastructure:
f. Bridge and Culvert Removal or Replacement.
g. Bridge and Culvert Maintenance.
h. Installation of Fords.

2. River, Stream, Floodplain, and Wetland Restoration.
a. Improve Secondary Channel and Wetland Habitats.
b. Set-back or Removal of Existing, Berms, Dikes, and Levees.
c. Protect Streambanks Using Bioengineering Methods.
d. Install Habitat-Forming Natural Material Instream Structures (Large Wood, Boulders, and Spawning Gravel).
e. Riparian Vegetation Planting.
f. Channel Reconstruction.

3. Invasive and Non-Native Plant Control.
a. Manage Vegetation using Physical Controls.
b. Manage Vegetation using Herbicides.

4. Road and Trail Erosion Control, Maintenance, and Decommissioning.
a. Maintain Roads.
b. Decommission Roads.

5. Piling Removal.

6. In-channel Nutrient Enhancement.

7. Irrigation and Water Delivery/Management Actions.
a. Convert Delivery System to Drip or Sprinkler Irrigation.
b. Convert Water Conveyance from Open Ditch to Pipeline or Line Leaking Ditches or Canals.
c. Convert from Instream Diversions to Groundwater Wells for Primary Water Sources.
d. Install or Replace Return Flow Cooling Systems.
e. Install Irrigation Water Siphon Beneath Waterway.
f. Livestock Watering Facilities.
g. Install New or Upgrade/Maintain Existing Fish Screens.

8. Fisheries, Hydrologic, and Geomorphologic Surveys.

9. Special Actions (for Terrestrial Species).
a. Install/Develop Wildlife Structures.
b. Fencing Construction for Livestock Control.
c. Implement Erosion Control Practices.
d. Plant Vegetation.
e. Tree Removal for LW Projects.

For each individual project proposed to be implemented under this RGP, the prospective permittee will notify the Corps. Pre-construction notification or post-construction notification to the Corps is required based on the type of project (e.g., Level 1-4). For Level 1 projects, the permittee will notify the Corps within 60 days of completion of the work. Levels 2 through 4 require notification a minimum of 45 days prior to the proposed start date. Notification will at a minimum include project location, projected start and completion dates, activity type, and brief project description. The notification requirements will vary depending on the complexity of the project.

Attached to this public notice are the draft RGP and the General Aquatic Conservation Measures Applicable to All Actions, Project Descriptions, and Project-Specific Conservation Measures proposed to be included within the RGP.

ADDITIONAL INFORMATION: The original RGP 6 was issued on October 15, 2011 and authorized five (5) activity categories. The RGP expired on October 15, 2016. A total of 51 actions were authorized using RGP 6 over the five-year period.

AUTHORITY: The proposed RGP would authorize projects under 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.

CLEAN WATER ACT SECTION 404(b)(1) EVALUATION: Discharges of dredged or fill material that would be authorized by the RGP will be evaluated for compliance with guidelines promulgated by the U.S. Environmental Protection Agency under authority of Section 404(b)(1) of the Clean Water Act. The 404(b)(1) Guidelines are the substantive criteria used in evaluating discharges of dredged or fill material into waters of the United States.

WATER QUALITY CERTIFICATION: Under Section 401 of Clean Water Act (33 U.S.C. 1341), an activity involving the discharge of dredged or fill material into waters of the U.S. authorized by a Federal permit must receive a water quality certification, or waiver for certification, from the appropriate certifying agency. Activities authorized by this RGP must comply with a general Section 401 certification, receive an individual Section 401 certification, or receive a waiver of the Section 401 certification requirement. Portland District is requesting general Section 401 certification from the Oregon Department of Environmental Quality for activities authorized by this RGP. Attached is the Oregon Department of Environmental Quality public notice advertising the request for certification.

COASTAL ZONE MANAGEMENT ACT CERTIFICATION: Section 307(c) of the Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1456(c)), requires non-Federal applicants seeking a federal license or permit to conduct any activity occurring in or affecting the coastal zone to obtain a Consistency Certification which indicates the activity conforms with the State’s Coastal Zone Management Program. The Corps is coordinating with the Oregon Department of Land Conservation and Development (DLCD) to obtain a programmatic consistency determination for this RGP. Attached is the DLCD public notice advertising the request for Consistency Certification.

ENDANGERED SPECIES: Section 7 of the Endangered Species Act (ESA) (16 U.S.C 1536) requires federal agencies to consult with the National Marine Fisheries Service (NMFS) and/or U.S. Fish and Wildlife Service (USFWS) on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or that may adversely modify designated critical habitat. For this RGP, the BPA, as the lead Federal agency for ESA consultation, completed consultation with the NMFS and the USFWS as required under Section 7 of the ESA. The BPA received biological opinions from both the NMFS and USFWS for the aquatic habitat restoration activities proposed for inclusion within this RGP. These opinions can be found on BPA’s website at the following link: https://www.bpa.gov/efw/Analysis/NEPADocuments/Pages/ESA-Process.aspx.

ESSENTIAL FISH HABITAT: Section 305(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) as amended (16 U.S.C 1855), requires Federal agencies to consult with the NMFS on all actions, or proposed actions, permitted, funded, or undertaken by the agency, that may adversely affect Essential Fish Habitat (EFH). For this RGP, the BPA, as the lead Federal agency for MSA consultation, completed consultation with the NMFS as required under Section 305(b)(2) of the MSA.

CULTURAL RESOURCES: Section 106 of the National Historic Preservation Act (NHPA) of 1966, as amended (16 U.S.C. 470), requires Federal agencies to consult with the appropriate State and/or Tribal Historic Preservation Officer to take into account the effects of actions they undertake or permit on historic properties listed in or eligible for listing in the National Register of Historic Places. For this project, the BPA, as the lead Federal agency for determining compliance with Section 106 of the NHPA, will consult with the appropriate State and/or Tribal Historic Preservation Officer as applicable. BPA will individually review projects to determine if activities may affect historic properties. No individual project shall proceed under the RGP until requirements under federal cultural resources and historic preservation laws and regulations are met. This notice has been provided to the State Historic Preservation Office (SHPO), interested Native American Indian Tribes, and other interested parties.

PUBLIC HEARING: Any person may request in writing within the comment period specified in this notice that a public hearing be held to consider the proposed RGP. Requests for public hearings shall state with particularity the reasons for holding a public hearing.

EVALUATION: The decision whether to issue the RGP will be based on an evaluation of the probable impacts including cumulative impacts of the described activities on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the described activities, must be balanced against their reasonably foreseeable detriments. All factors, which may be relevant to the described activities will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, consideration of property ownership and, in general, the needs and welfare of the people.

The Corps is soliciting comments from the public; Federal, state, and local agencies and officials; Native American Tribes; and other interested parties in order to consider and evaluate the impacts of the activities proposed to be authorized by this RGP. Any comments received will be considered by the Corps in its decision on the RGP. Comments received by the Corps will be considered in the preparation of an Environmental Assessment pursuant to the National Environmental Policy Act. Comments will also be used to determine the need for a public hearing.

Information regarding the Corps’ provisional determination that the proposed activities comply with the requirements for issuance of general permits is available at the Portland District office (see contact information below).

SUBMITTING COMMENTS: Interested parties are invited to provide comments on the proposed RGP. Comments may be submitted by conventional mail or email. All comments received will be considered in determining whether authorizing the work would be contrary to the public interest.

Either conventional mail or e-mail comments must include the Corps reference number as shown on page 1 and include the commenter’s name and address. In order to be accepted, e-mail comments must originate from the author’s e-mail account and must include on the subject line of the e-mail message the Corps reference number. All comments received will become part of the administrative record and are subject to public release under the Freedom of Information Act including any personally identifiable information such as names, phone numbers, and addresses.

Additional information about the proposed RGP may be obtained from the Corps Project Manager listed below. All comments, whether by conventional mail or email, must be received no later than the expiration date of this public notice to ensure consideration. Comments should be submitted to the following mailing address or email address:

U.S. Army Corps of Engineers
Regulatory Branch
Ms. Carrie Bond
P.O. 2946
Portland, Oregon 97208-2946
Email: Carrie.L.Bond@usace.army.mil
Telephone: (503) 808-4387

Attachments: Draft RGP and General Conservation Measures, Project Descriptions, and Project-Specific Conservation Measures (Attachment 1 to the RGP)

PUBLIC NOTICE
Oregon Department of Environmental Quality (DEQ)
Water Quality 401 Certification

Notice Issued: January 18, 2017
Written Comments Due: February 17, 2017

Corps of Engineers No: NWP-2011-127-1

WHO IS THE APPLICANT: Project Proponent (for individual projects)

LOCATION OF CERTIFICATION ACTIVITY: See attached U.S. Army Corps of Engineers public notice.

WHAT IS PROPOSED: See attached U.S. Army Corps of Engineers public notice on the proposed project.

NEED FOR CERTIFICATION: Section 401 of the Federal Clean Water Act requires applicants for Federal permits or licenses to provide the Federal agency a water quality certification from the State of Oregon if the proposed activity may result in a discharge to waters of the state.

DESCRIPTION OF DISCHARGES: See attached U.S. Army Corps of Engineers public notice on the proposed project.

WHERE TO FIND DOCUMENTS: Documents and materials related to water quality issues as a result of the proposal are available for examination and copying at Oregon Department of Environmental Quality, 401 Water Quality Certification Coordinator, Northwest Region,
700 NE Multnomah Street, Suite 600, Portland, Oregon 97232. Other project materials are available by contacting the Corps per the attached public notice.

Scheduling an appointment will ensure that water quality documents are readily accessible during your visit. To schedule an appointment please call DEQ Water Quality at Northwest Region at (503) 229-5263.

Any questions on the water quality certification process may be addressed to the 401 Program Coordinator at (503) 229-6030 or toll free within Oregon at (800) 452-4011. People with hearing impairments may call the Oregon Telecommunications Relay Service at 1-800-735-2900.


PUBLIC PARTICIPATION:
Public Hearing:
Oregon Administrative Rule (OAR) 340-48-0032 (2) states that “The Corps provides public notice of and opportunity to comment on the applications, including the application for certification, provided that the department (DEQ), in its discretion, may provide additional opportunity for public comment, including public hearing.”

Written comments: Written comments on project elements related to water quality must be received at the Oregon Department of Environmental Quality by 5 p.m. on the date specified in the upper right section on page one of this notice. Written comments may be emailed, mailed or faxed as described below:

Email - 401publiccomments@deq.state.or.us

Mail - Oregon Department of Environmental Quality, Northwest Region
700 NE Multnomah Street, Suite 600
Portland, Oregon 97232
Attn: 401 Water Quality Certification Coordinator

Fax - (503) 229-6957

WHAT HAPPENS NEXT: DEQ will review and consider all comments received during the public comment period. Following this review, certification of the proposal may be issued as proposed, issued with conditions, or denied. You will be notified of DEQ's final decision if you submit comments during the comment period. Otherwise, if you wish to receive notification, please call or write DEQ at the above address.

ACCESSIBILITY INFORMATION: This publication is available in alternate format (e.g. large print, Braille) upon request. Please contact DEQ Office of Communications and Outreach at (503) 229-5317 or toll free within Oregon at 1-800-452-4011 to request an alternate format. People with a hearing impairment can receive help by calling the Oregon Telecommunications Relay Service at 1-800-735-2900.


PUBLIC NOTICE
OREGON OCEAN AND COASTAL MANAGEMENT PROGRAM
CONSISTENCY CERTIFICATION

Date: January 18, 2017

U.S. Army Corps of Engineers No: Corps No. NWP-2011-127-1

NOTIFICATION:
For projects subject to coastal zone review, notice is hereby given that the project is being reviewed by the Department of Land Conservation and Development (DLCD) as provided in Section 307(c) of the Coastal Zone Management Act. The applicant believes that the activities described in the attached materials would comply with and be conducted in a manner consistent with the Oregon Ocean and Coastal Management Program. Project information can be made available for inspection at DLCD's Salem office.

DLCD is hereby soliciting public comments on the proposed project's consistency with the Oregon Coastal Management Program. Written comments may be submitted to DLCD, 635 Capital Street NE, Suite 150, Salem, Oregon 97301-2540. Comments may also be sent by fax to (503) 378-6033 or by email to coast.permits@state.or.us. All comments must be received by DLCD on or before the comment deadline listed in the accompanying Corps of Engineers’ Public Notice Application for Permit. For further information, you may call DLCD at (503) 373-0050.

REVIEW CRITERIA:
Comments should address consistency with the applicable enforceable policies of the Oregon Coastal Management Program. These enforceable policies are found in the following:

• Acknowledged Local Comprehensive Plans & Implementing Ordinances
• Statewide Planning Goals
• Applicable State Authorities incorporated into the Oregon Coastal Management Program (e.g. Removal-Fill Law, Water Quality Standards, Beach Bill, etc.) as applicable.

A list of specific enforceable policies can be found at the following link:
http://www.oregon.gov/LCD/OCMP/Pages/OCMP_Enforceable-Policies.aspx

INCONSISTENT?
If you believe this project is inconsistent with the Oregon Coastal Management Program, your comments to DLCD should explain why you believe the project is inconsistent and should identify the Oregon Coastal Management Program element(s) in question. You should also describe how the project could be modified, if possible, to make it consistent with the Oregon Coastal Management Program.

 

Joint Public Notice
Monthly Federal-State interagency coordination and pre-application meetings
Issue Date: January 5, 2017

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The U.S. Army Corps of Engineers, Portland District (Corps), and the Oregon Department of State Lands (DSL) 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 2017
January 18, 2017 – DSL office – Salem, 775 Summer St NE, Suite 100
February 15, 2017 – Corps office – Portland, 333 SW 1st Ave.
March 15, 2017 – DEQ office – Portland, 700 NE Multnomah St., Suite 600  
April 19, 2017 – DSL office – Salem, 775 Summer St NE, Suite 100
May 17, 2017 – Corps office – Portland, 333 SW 1st Ave.
June 21, 2017 – DEQ office – Portland, 700 NE Multnomah St., Suite 600
July 19, 2017 – DSL office – Salem, 775 Summer St NE, Suite 100
August 16, 2017 – Corps office – Portland, 333 SW 1st Ave.
September 20, 2017 – DEQ office – Portland, 700 NE Multnomah St., Suite 600
October 18, 2017 – DSL office – Salem, 775 Summer St NE, Suite 100
November 15, 2017 – Corps office – Portland, 333 SW 1st Ave.
December 20, 2017 – 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:

Russ Klassen, Oregon Department of State Lands
Phone: 503-986-5244
Email: russ.klassen@dsl.state.or.us 

Jaimee Davis, U.S. Army Corps of Engineers, Portland District
Phone: 503-808-4381
Email: jaimee.w.davis@usace.army.mil

Sara Christensen, Oregon Department of Environmental Quality
Phone:  541-633-2007
Email:  sara.christensen@state.or.us

Public Notice
Announcing the Reissuance of the Nationwide Permits

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Point of Contact: Judy Linton Issue Date:January 6, 2017
Phone: (503) 808-4382
Email: judy.l.linton@usace.army.mil

On January 6, 2017, the U.S. Army Corps of Engineers (Corps) published the notice in the Federal Register announcing the reissuance of all 50 existing nationwide permits (NWPs), general conditions, and definitions with some modifications.  The Corps also issued two new NWPs, one new general condition, and five new definitions.  The 2017 NWPs will go into effect on March 19, 2017, and will expire on March 18, 2022.

With the publication of this Federal Register notice, Corps districts will begin finalizing their regional conditions for the new and reissued NWPs.  Regional conditions will provide additional protection for the aquatic environment, and will help ensure that the NWPs authorize only those activities with no more than minimal adverse environmental effects.  Regional conditions will help ensure protection of high value waters within the Portland District.   

The publication of this Federal Register notice also begins the 60-day period for states, Tribes, and the Environmental Protection Agency (EPA) to complete their water quality certification (WQC) processes for the NWPs; the 60-day period for WQC will end on March 6, 2017.  This Federal Register notice also begins the 90-day period for coastal states to complete their Coastal Zone Management Act (CZMA) consistency determination processes; the 90-day period for CZMA consistency determinations will end on April 5, 2017.

If coastal states do not complete their CZMA consistency determination processes before the 2017 NWPs go into effect on March 19, 2017, the use of an NWP to authorize an activity within, or outside, a state’s coastal zone that will affect land or water uses or natural resources of that state’s coastal zone, is contingent upon obtaining an individual CZMA consistency determination, or a case-specific presumption of CZMA concurrence.

The January 6, 2017, Federal Register notice is available for viewing at the Portland District office (please contact District POC listed above) or on the Internet at
http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/NationwidePermits.aspx .  As an alternative, interested parties can access the January 6, 2017, final rule that was published in the Federal Register through the U.S. Government Printing Office at http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR.

The Corps has also issued final decision documents for the new and reissued
NWPs.  These documents are available at www.regulations.gov at docket number COE-2015-0017.  Furthermore, the national NWP decision documents will be supplemented by Division Engineers to address decisions concerning the addition of regional conditions to the NWPs.
Notice of Release of the Oregon Rapid Wetland Assessment Protocol (ORWAP) Version 3.1 
For the State of Oregon
Issue Date: December 6, 2016


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The Oregon Department of State Lands (Department) and the U.S. Army Corps of Engineers, Portland District (Corps of Engineers), jointly announce the publication and release of the revised Oregon Rapid Wetland Assessment Protocol (ORWAP) Version 3.1. ORWAP is a tool for rapidly assessing wetland functions and values (as well as other attributes) in all wetland types throughout Oregon. In a regulatory context, ORWAP also can be used to inform alternatives analysis and the selection, design, and monitoring of compensatory wetland mitigation sites. ORWAP, unlike some other methods, is particularly useful because it allows comparisons between different types of wetlands.

ORWAP and its applications were refined by the Department with funding assistance from the U.S. Environmental Protection Agency, Region 10 (EPA). ORWAP indicators and models were modified to reflect new information on wetland functions and values, and to improve its’ usability. ORWAP was applied to a new statistically valid sample of 200 wetlands across Oregon, which allowed ORWAP outputs to be calibrated and relative ratings to be developed. 

ORWAP consists of several different components: a Users Manual; two Excel spreadsheets (ORWAP Calculator and ORWAP Supplemental Information); and a Technical Supplement. The Department, the Corps of Engineers and EPA also cooperatively have developed a guide for using ORWAP for State and federal permit applications.

You may download all of the ORWAP components and the guidance for using ORWAP for permit applications from the Department’s Web site at:

http://www.oregon.gov/DSL/WETLAND/pages/or_wet_prot.aspx

Agency Requirements Regarding ORWAP

ORWAP may be used immediately for both State and federal permit purposes. ORWAP assessments conducted after February 1, 2017 for permit purposes must use version 3.1. Before using ORWAP v3.1 for the first time to assess a wetland for a permit application, read the revised Guidance for Using the Oregon Rapid Wetland Assessment Protocol (ORWAP) in the State and Federal Permit Programs (November 2016 ). This document provides instructions on how to select the assessment area, what to submit to the agencies along with the final scores, how to format the output in a permit application and other important information. The document is available at:

http://www.oregon.gov/dsl/WETLAND/docs/Guidance_for_Regulatory_Use_of_ORWAP_v3_1.pdf

State Removal-Fill Permits—ORWAP is an approved method for assessing wetlands for purposes of the State Removal-Fill Law. Administrative rules governing wetland functions and values assessment may be found in OAR 141-085-0685. These rules explain what type of wetland assessment method is required or allowed for different types of wetlands and impact levels. 

Federal Clean Water Act (Section 404) Permits—Use of ORWAP is recommended, but not required, by the Portland District Corps of Engineers. 

For additional guidance on using ORWAP for state and federal permits, contact:
Dan Hicks, Department of State Lands, 503-986-5320, Dana.Hicks@dsl.state.or.us
Andrea Wagner, Corps of Engineers, (541) 465-6882, andrea.r.wagner@usace.army.mil
Tracie Nadeau, EPA Region 10, 503-326-3685, nadeau.tracie@epa.gov

Public Notice
Bi-annual permit application process and Pre-application meetings

Issue Date: November 17, 2016

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

What: Regularly scheduled, bi-annual 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 2017 will occur on the following dates from 1 to 4 p.m.
February 23, 2017
August 17, 2017

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 bi-annual 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

Marcia Heer, U.S. Army Corps of Engineers, Portland District
Phone: 541-756-5316
Email: Marcia.L.Heer@usace.army.mil
Compliance and Enforcement for Benton, Coos, Crook, Curry, Deschutes, Douglas, Harney, Jackson, Josephine, Lake, Linn, and Klamath 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, and Harney

Enclosure - Bi-annual permit application process and Pre-application meetings

 

 

Public Notice
Proposed Regional Conditions for the 2017 Nationwide Permits - Revisions

Point of Contact: Judy Linton Issue Date:  November 7, 2016
Phone: (503) 808-4382 Expiration Date:  December 6, 2016
Email: judy.l.linton@usace.army.mil

On June 15, 2016, the U.S. Army Corps of Engineers, Portland District (Corps) issued a public notice announcing the publishing of the proposed 2017 Nationwide Permits in the Federal Register.  The notice also included proposed regional conditions being considered by the Corps for the state of Oregon and requested public input on those proposed conditions.  Division engineers are authorized to add regional conditions specific to the needs and/or requirements of a particular region or state to ensure the adverse environmental effects of activities authorized by the NWPs are no more than minimal, both individually and cumulatively.


The Corps evaluated comments received in response to the June 15, 2016, public notice and made some revisions based on that input.  Because some of the revisions may place greater restrictions to the regulated public, we are providing additional opportunity to comment on the proposed changes.  Revisions to the regional conditions are shown as track changes on Enclosure.

Comments on the proposed changes to the regional conditions should 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 are due by December 5, 2016.

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
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