Henderson LLC ~ CP20003Department of State Lands
775 Summer Street, Suite 100
Salem, OR 97301-1279
503-986-5200
Permit No.: 61594-RF
Permit Type: Removal/Fill
Waterway: Fanno Creek
County: Washington
Expiration Date: February 21, 2020
CITY OF TIGARD
IS AUTHORIZED IN ACCORDANCE WITH ORS 196.800 TO 196.990 TO PERFORM THE
OPERATIONS DESCRIBED IN THE ATTACHED COPY OF THE APPLICATION, SUBJECT TO THE
SPECIAL CONDITIONS LISTED ON ATTACHMENT A AND TO THE FOLLOWING GENERAL
CONDITIONS:
1. This permit does not authorize trespass on the lands of others. The permit holder must obtain all
necessary access permits or rights-of-way before entering lands owned by another.
2. This permit does not authorize any work that is not in compliance with local zoning or other local,
state, or federal regulation pertaining to the operations authorized by this permit. The permit holder
is responsible for obtaining the necessary approvals and permits before proceeding under this
permit.
3. All work done under this permit must comply with Oregon Administrative Rules, Chapter 340;
Standards of Quality for Public Waters of Oregon. Specific water quality provisions for this project
are set forth on Attachment A.
4. Violations of the terms and conditions of this permit are subject to administrative and/or legal action,
which may result in revocation of the permit or damages. The permit holder is responsible for the
activities of all contractors or other operators involved in work done at the site or under this permit.
5. Employees of the Department of State Lands (DSL) and all duly authorized representatives of the
Director must be permitted access to the project area at all reasonable times for the purpose of
inspecting work performed under this permit.
6. Any permit holder who objects to the conditions of this permit may request a hearing from the
Director, in writing, within twenty-one (21) calendar days of the date this permit was issued.
7. In issuing this permit, DSL makes no representation regarding the quality or adequacy of the
permitted project design, materials, construction, or maintenance, except to a pprove the project’s
design and materials, as set forth in the permit application, as satisfying the resource protection,
scenic, safety, recreation, and public access requirements of ORS Chapters 196, 390, and related
administrative rules.
8. Permittee must defend and hold harmless the State of Oregon, and its officers, agents and
employees from any claim, suit, or action for property damage or personal injury or death arising
out of the design, material, construction, or maintenance of the permitted improvem ents.
9. Authorization from the U.S. Army Corps of Engineers may also be required.
NOTICE: If removal is from state-owned submerged and submersible land, the permittee must comply with leasing and
royalty provisions of ORS 274.530. If the project involves creation of new lands by filling on state-owned submerged or
submersible lands, you must comply with ORS 274.905 to 274.940 if you want a transfer of title; public rights to such filled
lands are not extinguished by issuance of this permit. This permit does not relieve the permittee of an obligation to secure
appropriate leases from DSL, to conduct activities on state-owned submerged or submersible lands. Failure to comply with
these requirements may result in civil or criminal liability. For more information about these requirements, please contact
Department of State Lands, 541-388-6112.
Christopher Castelli, Northern Operations Manager
Aquatic Resource Management
Oregon Department of State Lands
Authorized Signature
Attachment A
61594-RF
Page 2 of 8
ATTACHMENT A
Permit Holder: City of Tigard
Project Name: Fanno Creek Bank Stabilization at Arthur Court
Special Conditions for Removal/Fill Permit No. 61594-RF
READ AND BECOME FAMILIAR WITH CONDITIONS OF YOUR PERMIT.
The project site may be inspected by the Department of State Lands (DSL) as part of our
monitoring program. A copy of this permit must be available at the work site whenever
authorized operations are being conducted.
1. Responsible Party: By signature on the application, Andrew Newbury is acting as the
representative of the City of Tigard. By proceeding under this permit, the City of Tigard agrees to
comply with and fulfill all terms and conditions of this permit, unless the permit is officially
transferred to another party as approved by DSL.
2. Authorization to Conduct Removal and/or Fill: This permit authorizes removal and fill of
material in T2S R1W Section 01 Tax Lots 401, 4800, 5400 in Washington County, as described in
the attached permit application, map and drawings (See Attachment B for project location(s)), with
a final application date of October 25, 2018 and summarized as follows:
Summary of Authorized Waterway Impacts
Permanent Temporary
Waterway Name Square Ft Removal
(cy)
Fill (cy) Square Ft Removal
(cy)
Fill (cy)
Fanno Creek 5,829 1,805 1,755 1,805 170 170
Total: 5,829 1,805 1,755 1,805 170 170
3. Work Period in Jurisdictional Areas: Fill or removal activities below the ordinary high water
elevation of Fanno Creek must be conducted between July 15 and September 30, unless
otherwise coordinated with Oregon Department of Fish and Wildlife and approved in writing by
DSL. If fish eggs are observed within the project area, work must cease, and DSL contacted
immediately.
4. Changes to the Project or Inconsistent Requirements from Other Permits: It is the
permittee’s responsibility to ensure that all state, federal and local permits are consistent and
compatible with the final approved project plans and the project as executed. Any changes made
in project design, implementation or operating conditions to comply with conditions imposed by
other permits resulting in removal-fill activity must be approved by DSL prior to implementation.
5. DSL May Halt or Modify: DSL retains the authority to temporarily halt or modify the project or
require rectification in case of unforeseen adverse effects to aquatic resources or permit non-
compliance.
Attachment A
61594-RF
Page 3 of 8
6. DSL May Modify Conditions Upon Permit Renewal: DSL retains the authority to modify
conditions upon renewal, as appropriate, pursuant to the applicable rules in effect at the time of
the request for renewal or to protect waters of this state.
Pre-Construction
7. Pre-construction Resource Area Fencing or Flagging: Prior to any site grading, the boundaries
of the avoided riparian areas adjacent to the project site must be surrounded by noticeable
construction fencing or flagging. The marked areas must be maintained during construction of the
project and be removed immediately upon project completion.
General Construction Conditions
8. Water Quality Certification: The Department of Environmental Quality (DEQ) may evaluate this
project for a Clean Water Act Section 401 Water Quality Certification (WQC). If the evaluation
results in issuance of a Section 401 WQC, that turbidity condition will govern any allowable
turbidity exceedance and monitoring requirements.
9. Erosion Control Methods: The following erosion control measures (and others as appropriate)
must be installed prior to construction and maintained during and after construction as
appropriate, to prevent erosion and minimize movement of soil into waters of this state.
a. All exposed soils must be stabilized during and after construction to prevent erosion and
sedimentation.
b. Filter bags, sediment fences, sediment traps or catch basins, leave strips or berms, or other
measures must be used to prevent movement of soil into waterways and wetlands.
c. To prevent erosion, use of compost berms, impervious materials or other equally effective
methods, must be used to protect soil stockpiled during rain events or when the stockpile
site is not moved or reshaped for more than 48 hours.
d. Unless part of the authorized permanent fill, all construction access points through, and
staging areas in, riparian and wetland areas must use removable pads or mats to prevent
soil compaction. However, in some wetland areas under dry summer conditions, this
requirement may be waived upon approval by DSL. At project completion, disturbed areas
with soil exposed by construction activities must be stabilized by mulching and native
vegetative plantings/seeding. Sterile grass may be used instead of native vegetation fo r
temporary sediment control. If soils are to remain exposed more than seven days after
completion of the work, they must be covered with erosion control pads, mats or similar
erosion control devices until vegetative stabilization is installed.
e. Where vegetation is used for erosion control on slopes steeper than 2:1, a tackified seed
mulch must be used so the seed does not wash away before germination and rooting.
f. Dredged or other excavated material must be placed on upland areas having stable slopes
and must be prevented from eroding back into waterways and wetlands.
g. Erosion control measures must be inspected and maintained as necessary to ensure their
continued effectiveness until soils become stabilized.
h. All erosion control structures must be removed when the project is complete, and soils are
stabilized and vegetated.
10. Hazardous, Toxic, and Waste Material Handling: Petroleum products, chemicals, fresh cement,
sandblasted material and chipped paint, wood treated with leachable preservatives or other
Attachment A
61594-RF
Page 4 of 8
deleterious waste materials must not be allowed to enter waters of this state. Machinery refueling
is to occur at least 150 feet from waters of this state and confined in a designated area to prevent
spillage into waters of this state. Barges must have containment system to effectively prevent
petroleum products or other deleterious material from entering waters of this state. Project-related
spills into waters of this state or onto land with a potential to ente r waters of this state must be
reported to the Oregon Emergency Response System (OERS) at 1-800-452-0311.
11. Archaeological Resources: If any archaeological resources, artifacts or human remains are
encountered during construction, all construction activity must immediately cease. The State
Historic Preservation Office must be contacted at 503-986-0674. You may be contacted by a
Tribal representative if it is determined by an affected Tribe that the project could affect Tribal
cultural or archeological resources.
12. Temporary Ground Disturbances: All temporarily disturbed areas must be returned to original
ground contours at project completion.
13. Hazards to Recreation, Navigation or Fishing: The activity must be timed so as not to
unreasonably interfere with or create a hazard to recreational or commercial navigation or fishing.
14. Operation of Equipment in the Water: Heavy equipment may be positioned below ordinary high
water or highest measured tide if the area is isolated from the waterway and aquatic organism
salvage is completed, as shown in Figure C-9 of the application. All machinery operated below
ordinary high water (OHW) elevation must use vegetable-based hydraulic fluids, be steam
cleaned and inspected for leaks prior to each use, and be diapered to prevent leakage of fuels,
oils, or other fluids below OHW elevation. Any equipment found to be leaking fluids mu st be
immediately removed from and kept out of OHW until repaired. Equipment staging, cleaning,
maintenance, refueling, and fuel storage must be at least 150 feet from OHW and wetlands to
prevent contaminates from entering waters of the state.
15. Work Area Isolation: The work area must be isolated from the water during construction in
accordance with the work area isolation plan in the application. All structures and materials used
to isolate the work area must be removed immediately following construction an d water flow
returned to pre-construction conditions.
16. Fish Salvage Required: Fish must be salvaged from the isolation area. Permits from NOAA
Fisheries and Oregon Department of Fish and Wildlife, Fish Research are required to salvage fish.
Fish salvage permit information may be obtained by contacting ODFW Fish Research at
503-947-6254 or Fish.Research@state.or.us.
17. Fish Passage Required: The project must meet Oregon Department of Fish and Wildlife
requirements for fish passage.
18. Raising or Redirecting Water: The project must not cause water to rise or be redirected and
result in damage to structures or property on the project site as well as adjacent, nearby,
upstream, and downstream of the project site.
ATTACHMENT B
Permit Holder: City of Tigard
Project Name: Fanno Creek Bank Stabilization at SW Arthur Court
Maps and Drawings for Removal/Fill Permit No. 61594-RF
Attachment B
61594-RF
Page 6 of 8
Attachment B
61594-RF
Page 7 of 8
Attachment B
61594-RF
Page 8 of 8
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, PORTLAND DISTRICT
P.O. BOX 2946
PORTLAND, OREGON 97208-2946
March 21, 2019
Regulatory Branch
Corps No.: NWP-2013-429-1
Mr. Andrew Newbury
City of Tigard
13125 SW Hall Blvd
Tigard, Oregon 97223
AndrewN@tigard-or.gov
Dear Mr. Newbury:
The U.S. Army Corps of Engineers (Corps) received your request for Department of
the Army authorization for bank stabilization. The project is located on Fanno Creek at
SW Arthur Court in Tigard, Washington County, Oregon at Latitude and Longitude:
45.419868, -122.76278. This letter verifies your project as depicted on the enclosed
drawings (Enclosure 1) is authorized by Nationwide Permit (NWP) No.: 13, Bank
Stabilization (Federal Register, January 6, 2017, Vol. 82, No.: 4).
The project includes the discharge of 1,755 cubic yards of fill over 0.16 acre (282
linear feet) below the ordinary high water mark (OHWM) of Fanno Creek. The project
includes removal of 1,805 cubic yards of soil from 0.16 acre below the OHWM of Fanno
Creek. Additionally, there will be 170 cubic yards of temporary fill over 0.02 acre below
the OHWM of Fanno Creek for cofferdams (temporary water management). The stream
banks need to be stabilized to reduce the risk of bank failure along the Fanno Creek
Trail and damage to utility infrastructure.
In order for this authorization to be valid, you must ensure the work is performed in
accordance with the enclosed Nationwide Permit 13 Terms and Conditions (Enclosure
2); the Oregon Department of Environmental Quality (DEQ) 401 Water Quality
Certification Conditions (Enclosure 3); and the following special conditions:
a. Permittee shall fully implement all applicable Proposed Design Criteria (PDC) of
the SLOPES V Stormwater, Transportation and Utilities programmatic opinion. A
detailed list of the PDC’s are enclosed (Enclosure 4). The PDC’s included with the
SLOPES notification for the project include numbers: 5-7, 9, 13-14, 18-20, 23-27, 30,
34, 41 (ii, iii, and vii), and 43e.
b. Permittee shall follow the Planting Plan as detailed in Enclosure 1 Pages 17-18.
Plantings shall be completed by the first planting season following construction.
The requirements of the Endangered Species Act were met through a
programmatic biological opinion as listed in the special condition above. The
- 2 -
complete text of the biological opinion is available for your review at
https://www.nwp.usace.army.mil/environment/. Please note, you must submit an Action
Completion Report, Fish Salvage Report, and Site Restoration/Compensatory Mitigation
Report forms which are provided in Enclosure 4. Please submit the reports and any
other reports associated with this permit to either the letterhead address above or by
email to cenwp.notify@usace.army.mil. For submittals by e-mail, the e-mail subject line
shall include the Corps project number listed above and the name of the county where
the project is located.
We have reviewed your project pursuant to the requirements of the Endangered
Species Act, the Magnuson-Stevens Fishery Conservation and Management Act and
the National Historic Preservation Act. We have determined the project complies with
the requirements of these laws provided you comply with all of the permit general and
special conditions.
The DEQ has issued a 401 Water Quality Certification for this project. No further
coordination with DEQ is required provided the work is performed in accordance with all
of the enclosed conditions.
We have determined the aquatic resources identified on the enclosed Preliminary
Jurisdictional Determination (PJD) form “may be” waters of the U.S. (Enclosure 5). The
aquatic resources shown on the enclosed drawings are considered “potential
jurisdictional waters” and the boundaries are approximate. These waters have been
treated as jurisdictional waters of the U.S. for purposes of computation of impacts and
compensatory mitigation requirements. Please see the enclosed PJD form for additional
information on the applicability of a PJD. If you concur with the PJD, please sign and
return the PJD form to either the letterhead address above or the e-mail address below
within 30 days of the date of this letter.
The enclosed PJD is advisory in nature and may not be appealed. However, you
have the option to request an Approved Jurisdictional Determination (AJD). An AJD is
an official determination regarding the presence or absence of waters of the U.S. and is
an appealable action. The enclosed Notification of Administrative Appeal Options and
Process and Request for Appeal form describes options regarding PJDs and AJDs
(Enclosure 6). If an AJD is requested, please be aware that we may require the
submittal of additional information to complete the AJD and work authorized in this letter
may not occur until the AJD has been finalized.
The enclosed PJD finds there “may be” waters of the U.S. in the subject review area
and the determination does not have an expiration date. However, the Corps may re-
evaluate this determination at any time if new information warrants revisions.
- 3 -
The verification of this NWP is valid until March 18, 2022, unless the NWP is
modified, reissued, or revoked prior to that date. If the authorized work has not been
completed by that date and you have commenced or are under contract to commence
this activity before March 18, 2022, you will have until March 18, 2023, to complete the
activity under the enclosed terms and conditions of this NWP. If the work cannot be
completed by March 18, 2023, you will need to obtain a new NWP verification or
authorization by another type of Department of the Army permit.
Our verification of this NWP is based on the project description and construction
methods provided in your permit application. If you propose changes to the project, you
must submit revised plans to this office and receive our approval of the revisions prior to
performing the work. Failure to comply with all terms and conditions of this NWP
verification invalidates this authorization and could result in a violation of Section 404 of
the Clean Water Act. You must also obtain all local, state, and other federal permits
that apply to this project.
Upon completing the authorized work, you must fill out and return the enclosed
Compliance Certification form (Enclosure 7). We would like to hear about your
experience working with the Portland District, Regulatory Branch. Please complete a
customer service survey form at the following address:
http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey.
If you have any questions regarding this NWP verification, please contact
Ms. Carrie Bond at the letterhead address, by telephone at (503) 808-4387, or e-mail:
Carrie.L.Bond@usace.army.mil.
FOR THE COMMANDER, AARON L. DORF, COLONEL, CORPS OF ENGINEERS,
DISTRICT COMMANDER:
William D. Abadie
Chief, Regulatory Branch
Enclosures
cc:
Oregon Department of State Lands (Huffman)
Oregon Department of Environmental Quality (401applications@deq.state.or.us)
Wood Environment & Infrastructure Solutions, Inc. (daniel.schall@woodplc.com)
FOR
VICINITY MAPCAPITAL CONSTRUCTION ANDTRANSPORTATION DIVISIONCALL BEFORE YOU DIG1-800-332-2344INDEX OF SHEETSNO.NAMETITLEPLANS FOR PROJECTProject Location93009SHEETOFNWP-2013-429-1Page 1 of 18Enclosure 1
ABBREVIATIONS@AT&ANDABV ABOVEAPWA AMERICAN PUBLIC WORKSASSOCIATIONBETW, BETWEENBTWNBEY'D BEYONDBLW BELOWBOT BOTTOMCL CENTERLINECMP CORRUGATED METAL PIPECONC CONCRETECONT CONTINUOUSCOORD COORDINATECPP CORRUGATED PLASTICPIPECWS CLEAN WATER SERVICESDET DETAILDIA DIAMETERDBH DIAMETER AT BREASTHEIGHTDWG DRAWINGEA EACHELEC ELECTRICALENG'R ENGINEEREL, ELEV ELEVATIONEQ EQUALEXTG EXISTINGFDN FOUNDATIONFLR FLOORFT FEETFTG FOOTINGGC GENERAL CONTRACTORHDPE HIGH DENSITYPOLYETHYLENEHGT HEIGHTHORIZ HORIZONTALIE INVERT ELEVATIONIN. INCHIR IRRIGATIONMANUF MANUFACTUREDMAT'L MATERIALMAX MAXIMUMMIN MINIMUMMH MANHOLEMISC MISCELLANEOUSNA NOT AVAILABLENMFS NATIONAL MARINE FISHERIES SERVICENTS NOT TO SCALEODFW OREGON DEPARTMENTOF FISH AND WILDLIFEODOT OREGON DEPARTMENTOF TRANSPORTATIONOHW ORDINARY HIGH WATEROPP OPPOSITEOSHA OCCUPATIONAL SAFETYAND HEALTHADMINISTRATIONQTY QUANTITYREQ'D REQUIREDROW RIGHT OF WAYSCH SCHEDULESCH'ED SCHEDULEDSD STORM SEWERSHT SHEETSIM SIMILARSPEC'D SPECIFIEDSPECS SPECIFICATIONSSS SANITARY SEWERSURF SURFACETBD TO BE DETERMINEDTHK THICK/THICKNESSTYP TYPICALUON UNLESS OTHERWISENOTEDVERT VERTICALVIF VERIFY IN FIELDW/ WITHW/O WITHOUTWQ WATER QUALITY1. THE INTENT OF THESE PLANS IS TO PROVIDE SLOPE STABILIZATION AT SPECIFIC LOCATIONS IN THISREACH OF FANNO CREEK. PROJECT ELEMENTS INCLUDE: ROCK BUTTRESS, LARGE WOOD ROOT WADSTRUCTURES TO IMPROVE AQUATIC HABITAT, STORMWATER OUTFALL REALIGNMENT INCLUDINGWATER QUALITY STRUCTURE, REMOVAL OF INVASIVE VEGETATION, AND NEW NATIVE PLANTINGS TOIMPROVE HABITAT AND WATER QUALITY.2. ALL CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE CURRENT VERSION OF OREGON STANDARDSPECIFICATIONS FOR CONSTRUCTION AS UTILIZED BY APWA INCLUDING ANY SUPPLEMENTALSPECIFICATIONS, SPECIAL PROVISIONS, OR LOCAL AMENDMENTS BY THE CITY OF TIGARD, IF ANY.3. OREGON LAW REQUIRES THE CONTRACTOR TO FOLLOW RULES ADOPTED BY THE OREGON UTILITYNOTIFICATION CENTER. THOSE RULES ARE SET FORTH IN OAR 952-001-0010 THROUGH OAR952-001-0100. THE CONTRACTOR MAY OBTAIN COPIES OF THE RULES BY CALLING THE CENTER. NOTE:THE TELEPHONE NUMBER FOR THE OREGON UTILITY NOTIFICATION CENTER IS (800) 332-2344.4. LOCATION AND/OR DEPTH OF EXISTING UTILITIES SHOWN ON PLANS ARE APPROXIMATE. ALL UTILITIESMAY NOT APPEAR ON PLANS. IT IS THE CONTRACTOR'S RESPONSIBILITY TO CONTACT ALL UTILITYCOMPANIES FOR UNDERGROUND LOCATION OF FACILITIES AT LEAST 48 HOURS PRIOR TO EXCAVATINGOR "POTHOLING". THE UTILITY "ONE-CALL" NUMBER IS (800) 332-2344 OR 811.5. CONTACT THE OREGON UTILITY NOTIFICATION CENTER (800-332-2344) AND CONDUCT A PRIVATEUTILITY LOCATE PRIOR TO THE START OF EARTHWORK. HAND EXCAVATION IS REQUIRED WHENLOCATING FACILITIES WITHIN 24 INCHES OF MARKED UNDERGROUND UTILITIES. PARTICULARATTENTION SHOULD BE PAID TO SANITARY AND STORM DRAINAGE UTILITIES WITHIN THE PROJECTAREAS.6. THE CONTRACTOR SHALL VERIFY THE DEPTH AND LOCATION OF ALL PUBLIC AND PRIVATE UTILITIESENCOUNTERED DURING THE CONSTRUCTION OF THIS PROJECT. ALL UTILITIES WILL BE PROTECTEDAND REMAIN IN SERVICE THROUGHOUT THE DURATION OF THE WORK. IF NEEDED THE CONTRACTORSHALL POTHOLE AND VERIFY LOCATIONS, ELEVATIONS, TYPES AND SIZES OF EXISTING UTILITIESPRIOR TO CONSTRUCTION FAR ENOUGH IN ADVANCE TO ALLOW NECESSARY ADJUSTMENTS IN GRADEAND SHALL NOTIFY ENGINEER OF NEED TO ADJUST GRADES. ANY ELEVATION ADJUSTMENTS SHALL BEINCIDENTAL TO THE WORK.7. THE CONTRACTOR SHALL MAINTAIN A SET OF REDLINE PLANS ON THE PROJECT SITE AT ALL TIMES.CONTRACTOR SHALL NOTE ALL DEVIATIONS FROM THESE PLANS ON THIS REDLINE SET. AT THE ENDOF THE JOB THE CONTRACTOR SHALL PROVIDE ACCURATE "AS-BUILT" DRAWINGS STAMPED BY ALICENSED SURVEYOR IN THE STATE OF OREGON. AS-BUILT DRAWINGS SHALL BE SUBMITTED TO THEENGINEER AT COMPLETION OF PROJECT.8.THE CITY'S STANDARD SPECIFICATION FOR TRAFFIC CONTROL IS “MANUAL ON UNIFORM TRAFFICCONTROL DEVICES FOR STREETS AND HIGHWAYS”. U.S. DEPT. OF TRANSPORTATION, FHWA, 1988 ED.9. TRAFFIC CONTROL SHALL BE PROVIDED BY THE CONTRACTOR IN ACCORDANCE WITH THE CITY'SSTANDARD SPECIFICATIONS, AND ALSO IN ACCORDANCE WITH A CITY APPROVED (JOB SPECIFIC)APPROVED TRAFFIC CONTROL PLAN INCLUDING PEDESTRIAN TRAFFIC CONTROL FOR FANNO CREEKTRAIL. A COPY OF THE APPROVED TRAFFIC CONTROL PLAN SHALL BE AVAILABLE AT THE WORK AREA.10. THE CONTRACTOR SHALL CONDUCT ALL OPERATIONS IN A MANNER THAT MINIMIZES SEDIMENTTRANSPORT FROM SURFACES DISTURBED BY THIS CONSTRUCTION. SEE THE EROSION AND SEDIMENTCONTROL NOTES AND DETAILS FOUND ELSEWHERE IN THESE DRAWINGS. ALL TREE PROTECTION ANDSEDIMENT CONTROL FEATURES SHALL BE IN PLACE AND FULLY FUNCTIONAL BEFORE BEGINNINGCLEARING OPERATIONS.11. THE CONTRACTOR SHALL COORDINATE ALL NECESSARY OBSERVATIONS, INSPECTIONS, ANDAPPROVALS THROUGHOUT CONSTRUCTION OF THIS PROJECT THROUGH FINAL ACCEPTANCE.12. COMPLETE THE WORK IN ACCORDANCE WITH ALL LOCAL, STATE AND FEDERAL REGULATIONS,REQUIREMENTS AND STANDARDS INCLUDING THE DRAWINGS AND SPECIFICATIONS.13. CONSTRUCT THIS PROJECT TO THE LIMITS, GRADES AND ELEVATIONS SHOWN ON THE DRAWINGS.ANY DEVIATION MUST BE APPROVED BY THE ENGINEER PRIOR TO IMPLEMENTATION. INFORM THEENGINEER OF ANY DISCREPANCIES DISCOVERED IMMEDIATELY.14. PROTECT EXISTING FEATURES INTENDED TO REMAIN THROUGHOUT THE DURATION OF THIS PROJECT.REPAIR OR REPLACE ANY DAMAGED FEATURE TO ORIGINAL CONDITION OR BETTER AT NO ADDITIONALCOST TO THE OWNER.15. THE CONTRACTOR WILL COMPLY WITH ALL REQUIREMENTS OF THE VARIOUS APPLICABLE SAFETYCODES (E.G. OSHA) AND PERMITS ISSUED FOR THIS PROJECT. COMPLETE COPIES OF ENVIRONMENTALPERMITS ISSUED FOR THIS PROJECT ARE INCLUDED IN THE BID DOCUMENTS.16. THE ENGINEER SHALL MAKE THE DRAWING FILES AVAILABLE TO THE CONTRACTOR'S SURVEYOR(AUTOCAD FORMAT) FOR PURPOSES OF DEVELOPING A STAKING PLAN. THE CONTRACTOR WILL BERESPONSIBLE FOR ENSURING THAT CONSTRUCTION STAKING FAITHFULLY REPRODUCES THEENGINEER'S DESIGN ON THE GROUND.17. MATERIALS REMOVED FROM THE SITE SHALL BE PROPERLY DISPOSED OF IN ACCORDANCE WITH ALLLOCAL, STATE AND FEDERAL RULES.18. PRIOR TO CONSTRUCTION, PROTECT EXISTING TREES NOT DESIGNATED FOR REMOVAL FROM ALLCONSTRUCTION OPERATIONS. DO NOT PARK VEHICLES, STORE MATERIALS, FILL, OR OTHERWISEDISTURB THE AREA WITHIN THE DRIP LINE OF TREES TO BE PRESERVED.19. PRIOR TO CONSTRUCTION THE CONTRACTOR SHALL FLAG TREES PROPOSED FOR REMOVAL ORPRUNING AS MAY BE REQUIRED TO FACILITATE THE CONTRACTORS OPERATIONS. CONTRACTOR SHALLOBTAIN ALL NECESSARY TREE REMOVAL OR PRUNING PERMITS FROM CLEAN WATER SERVICES ANDCITY OF TIGARD. TREE TRIMMING, WHERE SHOWN ON THE PLANS, SHALL BE DONE BY A CERTIFIEDARBORIST. PRIOR TO TRIMMING COORDINATE PROPOSED LIMB REMOVAL AND THINNING WITH THECITY INSPECTOR AND PROPERTY OWNER. ALLOW 5 DAYS FOR RECEIPT OF APPROVALS. TREES 6” DBHOR LARGER MUST BE PROTECTED UNLESS SHOWN FOR REMOVAL BY THE PLANS. TREE REMOVALWILL BE CONSIDERED INCIDENTAL TO CONSTRUCTION.20. ACCESS TO THE ADJACENT PROPERTIES SHALL BE MAINTAINED AT ALL TIMES, INCLUDING NORMALDELIVERY SERVICE AND MAIL SERVICE AND IF NOT, SHALL BE CAUSE FOR WORK STOPPAGE UNTILEFFECTIVE ACCESS IS ESTABLISHED.21. THE CONTRACTOR SHALL SUBMIT A PLAN FOR ENGINEER APPROVAL REGARDING THE CREEKISOLATION AND CONTROL AND DIVERSION OF WATER, INCLUDING DEWATERING PLAN. PORTIONS OFTHIS PROJECT INCLUDE BOTH TEMPORARY AND PERMANENT FEATURES BELOW ORDINARY HIGHWATER (OHW). FANNO CREEK IS THE CENTRAL DRAINAGE FEATURE OF THIS PROJECT. AS AN URBANSTREAM IT IS VERY SENSITIVE TO RAINFALL ON ITS CONTRIBUTING WATERSHED. FLOW CAN INCREASERAPIDLY ALONG WITH HIGH VELOCITY THAT CAN BE PROBLEMATIC22. MAINTENANCE OF THE WORK AREA AND APPROACH ROADS IS THE RESPONSIBILITY OF THECONTRACTOR. THE WORK AREA AND APPROACH ROADS SHALL BE MAINTAINED IN A CLEAN CONDITION,FREE FROM OBSTRUCTIONS AND HAZARDS.23. THE SPREADING OF MUD OR DEBRIS UPON ANY PUBLIC ROADWAY IS STRICTLY PROHIBITED ANDVIOLATION SHALL BE CAUSE FOR STOPPAGE OF WORK. THE CITY OF TIGARD AND/OR CWS MAY AT ANYTIME ORDER IMMEDIATE CLEAN UP AND STOPPAGE OF WORK TO ACCOMPLISH CLEAN UP.24. NO WORK WILL BE PERMITTED DURING THE HOURS OF DARKNESS, NOR BETWEEN 7:00 P.M. TO 7:00A.M., MONDAY THROUGH FRIDAY NOR BETWEEN 7:00 P.M. TO 8:00 A.M. SATURDAY, NOR BETWEEN 9:00P.M. TO 9:00 A.M. SUNDAY.25. THE CONTRACTOR SHALL PROVIDE TO THE CITY OF TIGARD AND ENGINEER, IN WRITING, THE NAMESAND 24 HOUR EMERGENCY TELEPHONE NUMBER OF TWO (2) PERSONS WHO HAVE AUTHORITY TORESOLVE PROBLEMS, TAKE CORRECTIVE ACTION AND, IN GENERAL, WILL BE RESPONSIBLE IN CASE OFANY EMERGENCY. THE CONTRACTOR SHALL NOTIFY CITY OF TIGARD AND ENGINEER, IN WRITING, OFANY/ALL ASSIGNMENT CHANGES.26. IT IS THE SOLE RESPONSIBILITY OF THE CONTRACTOR TO PROVIDE FOR PROPER RIGHT-OF-ENTRYAND/OR EASEMENTS PRIOR TO STARTING WORK. PROOF OF RIGHT-OF-ENTRY OR PROPERLYEXECUTED EASEMENTS, SHALL BE PROVIDED TO THE CITY OF TIGARD AND THE ENGINEER.27. BEFORE INITIATING ANY CONSTRUCTION ACTIVITY, THE CONTRACTOR SHALL CONTACT THE CITY'SPROJECT ENGINEER TO ESTABLISH A PLACE, TIME, AND DATE FOR A PRE-CONSTRUCTION MEETING.28. CITY OF TIGARD AND/OR ENGINEER HAVE THE RIGHT TO REQUIRE ADDITIONAL WORK NOT SHOWNHEREIN BUT NECESSARY FOR THE SUCCESSFUL COMPLETION OF THE PROJECT.29. REQUESTS BY THE CONTRACTOR FOR CHANGES SHALL BE APPROVED BY THE CITY OF TIGARD ANDTHE ENGINEER IN WRITING PRIOR TO IMPLEMENTATION.30. THE CONTRACTOR SHALL SUBMIT A WORK PLAN FOR INSTALLATION OF THE ROCK BUTTRESS WITHMEANS AND METHODS, INCLUDING ANY DRAWINGS, FOR ENGINEER APPROVAL.31. PROVIDE THE NECESSARY EQUIPMENT, MATERIAL AND PERSONNEL TO COMPLETE THE WORK ASSHOWN ON THESE DRAWINGS. UTILIZE NEW OR WELL MAINTAINED EQUIPMENT THAT MEETS EPA'STIER III OR IV STANDARDS.32. EQUIPMENT AND TRUCKS MUST BE IN GOOD WORKING ORDER. EQUIPMENT WILL BE BEFOREARRIVING AT THE SITE TO ALLOW INSPECTION BY THE CONTRACTOR. UPON ARRIVAL, THECONTRACTOR WILL INSPECT EQUIPMENT AND TRUCKS FOR LEAKS, AND ANY REPAIRS WIL BE MADEPRIOR BEGINNING WORK. DURING THE COURSE OF THE PROJECT, THE CONTRACTOR WILLIMMEDIATELY CLEAN UP ANY IMPACTED SOIL RESULTING FROM SPILLED HYDRAULIC OILS OR OTHERHAZARDOUS MATERIALS FROM EQUIPMENT. CONTRACTOR WILL HAVE ABSORBENT PADS AVAILABLEON SITE FOR IMMEDIATE USE IN THE EVENT OF AN EQUIPMENT LEAK.33. THE CONTRACTOR WILL COMPLY WITH ALL REQUIREMENTS OF THE VARIOUS APPLICABLE SAFETYCODES (E.G. OSHA) AND PERMITS ISSUED FOR THIS PROJECT. COMPLETE COPIES OF ENVIRONMENTALPERMITS ISSUED FOR THIS PROJECT ARE INCLUDED IN THE BID DOCUMENTS. (SEE PERMITINFORMATION).34. CONTRACTOR SHALL SUBMIT A SITE-SPECIFIC HEALTH AND SAFETY PLAN TO ENGINEER FORAPPROVAL PRIOR TO MOBILIZATION.35. THE FOLLOWING DOCUMENT IS INCORPORATED INTO THE PROJECT BY REFERENCE HEREIN:“GEOTECHNICAL ENGINEERING REPORT”, PREPARED BY SHANNON & WILSON, DATED APRIL 24, 2018.PRIOR TO STARTING CONSTRUCTION, CONTRACTOR SHALL REVIEW THE REPORT, AND CONFORM TOALL RECOMMENDATIONS LISTED IN THE REPORT.36. ANY INSPECTION BY THE CITY, CWS, ENGINEER OR OTHER AGENCIES SHALL NOT, IN ANY WAY, RELIEVETHE CONTRACTOR FROM ANY OBLIGATION TO PERFORM THE WORK IN STRICT COMPLIANCE WITH THECONTRACT DOCUMENTS, APPLICABLE CODES, AND AGENCY OR PERMIT REQUIREMENTS.37. THE CONTRACTOR SHALL BE RESPONSIBLE TO ENSURE THAT ALL REQUIRED OR NECESSARYINSPECTIONS ARE COMPLETED BY AUTHORIZED INSPECTORS PRIOR TO PROCEEDING WITHSUBSEQUENT WORK WHICH COVERS OR THAT IS DEPENDENT ON THE WORK TO BE INSPECTED.FAILURE TO OBTAIN NECESSARY INSPECTION(S) AND APPROVAL(S) SHALL RESULT IN THECONTRACTOR BEING FULLY RESPONSIBLE FOR PROBLEMS ARISING FROM UNINSPECTED WORK.SECTION LETTERSECTION DESIGNATIONSDETAIL DESIGNATIONSA'DESIGNATIONSHEET FROM WHICH DETAIL ISCALLED OUTSECTION AND DETAIL DESIGNATIONSPERMIT INFORMATION1. DEPARTMENT OF STATE LANDS PERMIT NO. XXXX. CONTRACTOR SHALL ADHERETO THE PERMIT AND CONDITIONS.2. UNITED STATES ARMY CORP OF ENGINEERS (USACE) PERMIT NO. XXXX.CONTRACTOR SHALL ADHERE TO THE PERMIT AND CONDITIONS.3. OREGON DEQ 401 WATER QUALITY CERTIFICATION DATED XXXX. CONTRACTORSHALL ADHERE TO THE PERMIT AND CONDITIONS.4. CLEAN WATER SERVICES, SERVICE PROVIDER LETTER DATED XXXX, FILE# 1XXXX.CONTRACTOR SHALL ADHERE TO THE LETTER AND CONDITIONS.5. A SCIENTIFIC TAKING PERMIT FROM ODFW WILL BE REQUIRED AND WILL NEED TOBE APPLIED FOR 4-6 WEEKS IN ADVANCE OF CONSTRUCTION.6. PERMITS MUST BE KEPT ON-SITE AT ALL TIMES.A--SCALEDETAILGENERAL NOTESNWP-2013-429-1Page 2 of 18Enclosure 1
LOT 2 EDGEWOODLOT 3 EDGEWOODSW ARTHUR CTBRIDGEPARKFINLEY PARKSW DEEANN CTEVIRD KEERC ONNAF WSFANNO CREEKFANNO CREEK30' 45'15'0'1" = 30'SCALE: 1" = 30'(WHEN PLOTTED AT FULL SCALE (34"x22")VERTICAL DATUMHORIZONTAL DATUMBENCHMARKNOTESA PORTION OF FANNO CREEK CONDITIONS SURVEYLEGEND TREESCATCH BASIN AND MANHOLESNWP-2013-429-1Page 3 of 18Enclosure 1
EXISTING STORM SEWEREXISTING SANITARY SEWERPROPOSED MAJOR CONTOURPROPOSED MINOR CONTOURPROPERTY LINELIMITS OF CONSTRUCTIONORDINARY HIGH WATER LINE (134')EXISTING FENCETOE PROTECTION ROCK BUTTRESSMANHOLEPROPOSED BIRD HOUSE POSTBORINGSNEW MANHOLENEW STORM SEWERINSTALL CONSTRUCTION ENTRANCES AND TIRE WASH FACILITIES IN ACCORDANCEWITH THE REQUIREMENTS FOUND ON THE EROSION AND SEDIMENT CONTROL PLANSHEET.CONSTRUCT TURBIDITY CURTAIN IN ACCORDANCE WITH DETAILS FOUND IN THEEROSION AND SEDIMENT CONTROL PLAN, AND CREEK ISOLATION PLAN.PROTECT EXISTING MANHOLES AND ALL OTHER UTILITIES THROUGHOUT THEDURATION OF CONSTRUCTION, OR AS DIRECTED ELSEWHERE IN THESEDOCUMENTS.PROTECT TREES AT LOCATIONS SHOWN TO ALLOW PASSAGE OF CONSTRUCTIONVEHICLES. SEE GENERAL NOTE 19 ON SHEET G-2 OF THE PLANS FOR MOREREQUIREMENTS.PROTECT EXISTING RETAINING WALLS.REMOVE AND DISPOSE OF EXISTING TREES AT LOCATIONS INDICATED.PROTECT TREES AT LOCATIONS SHOWN IN ACCORDANCE WITH DETAIL ON SHEET C-12.REMOVE AND DISPOSE OF EXISTING OUTFALL STRUCTURE OFF SITE. SALVAGEEXISTING RIPRAP BANK STABILIZATION MATERIALS (ESTIMATED 20 CY) ANDINCORPORATE INTO LARGE WOOD STRUCTURES. FILL AS SHOWN ON CIVIL DETAILS,SHEET C-6REMOVE AND REPLACE EXISTING STORM DRAIN ON NEW ALIGNMENT. COMPACTSUBGRADE BELOW NEW PIPE ALIGNMENT TO 90% MODIFIED PROCTOR. PIPEBEDDING AND MATERIALS TO BE AS SPECIFIED. SEE PROFILE ON SHEET C-8.VERIFY ELEVATION OF SANITARY PIPE AT CROSSING. PROTECT EXISTING SANITARYSEWER.CONSTRUCT NEW MANHOLE IN ACCORDANCE WITH DETAILS PROVIDED ON SHEET C-7.PROTECT LIGHT POLECONSTRUCT CREEK ISOLATION, SEE SHEET C-9.CONSTRUCT NEW BUBBLE-UP MANHOLE. SEE SHEET C-8 FOR DETAILS.STABILIZE AND REGRADE BANK TO 1.5H:1V WITHIN SHADED AREA. SEE DETAILPROVIDED ON SHEETS C-5 & C-6.PROTECT &/OR REPAIR PATH SURFACE THROUGHOUT AREAS DISTURBED BYCONSTRUCTION IN ACCORDANCE WITH DETAIL PROVIDED ON SHEET C-7. MAINTAINEXISTING HORIZONTAL AND VERTICAL ALIGNMENTS.PROTECT EXISTING PRIVACY FENCING THROUGHOUT WORK AREA.REPLACE 22 LF OF EXISTING VINYL FENCING TO EQUAL OR BETTER CONDITION.CONSTRUCT LARGE WOOD ROOT WAD STRUCTURE IN ACCORDANCE WITH DETAILPROVIDED ON SHEET C-6. COORDINATE ACTUAL LOCATIONS IN THE FIELD WITHENGINEER.CONSTRUCT ROCK BUTTRESS IN ACCORDANCE WITH DETAIL PROVIDED ON SHEET C-6.CLEAR AND GRUB TO REMOVE INVASIVE VEGETATION. BACKFILL 6 INCHES WITHMATERIALS FROM ON-SITE EXCAVATIONS. ADD 0.2 FEET OF SOIL AMENDMENTS ASSPECIFIED ON REVEGETATION SHEETS.INSTALL 2 WOODEN BIRD HOUSES ON POSTS IN AREAS SHOWN ON PLANS OR ASDIRECTED IN THE FIELD. SEE DETAIL PROVIDED ON SHEET C-7.INSTALL KEYSTONE WALL AT THIS LOCATION FOR XX LF TO MAINTAIN PATH ATORIGINAL GRADE.PROTECT RETAINING WALL STRUCTURE.EXTEND EXISTING ROOF DRAIN PIPE TO ROCK BUTTRESS. IF ANY OTHER RAIN DRAINSARE ENCOUNTERED DURING CONSTRUCTION, NOTIFY ENGINEER. RAIN DRAINS WILLNEED TO BE EXTENDED TO ROCK BUTTRESS.123456789NWP-2013-429-1Page 4 of 18Enclosure 1
EXISTING STORM SEWEREXISTING SANITARY SEWERPROPOSED MAJOR CONTOURPROPOSED MINOR CONTOURPROPERTY LINELIMITS OF CONSTRUCTIONORDINARY HIGH WATER LINE (134')EXISTING FENCETOE PROTECTION ROCK BUTTRESSMANHOLEPROPOSED BIRD HOUSE POSTBORINGSEXCAVATION LIMITS1. THIS PLAN IS PROVIDED TO SHOW GENERAL INTENT OF EXCAVATION INPREPARATION OF ROCK BUTTRESS INSTALLATION. SITE CONDITIONS MAYWARRANT MODIFICATIONS AS DIRECTED BY PROJECT ENGINEER &GEOTECHNICAL ENGINEER.2. CONTRACTOR SHALL INSTALL SHORING OR BENCHING FOR SLOPEEXCAVATION, AS REQUIRED, AND PER OSHA REGULATIONS.3. ALL ESCP FEATURES SHALL BE INPLACE AND APPROVED BY PROJECTENGINEER PRIOR TO BEGINNING EXCAVATION.4. REFERENCE SHEET C-2 & C-6 FOR ROOT WAD STRUCTURES.NWP-2013-429-1Page 5 of 18Enclosure 1
1. VERIFY PROTECTED TREES WITH THE ENGINEER PRIOR TO BEGINNINGCLEARING AND GRUBBING OPERATIONS.2. GRADES SHOWN ARE TO FINISH GRADE.3. THE CONTRACTOR IS RESPONSIBLE FOR ENSURING THAT THE CONSTRUCTEDFINISH GRADES MATCH THESE PLANS WITHIN SPECIFIED LIMITS. THE GRADESAND WORK LIMITS SHOWN ARE THE BASIS OF PERMITS ISSUED FOR THEPROJECT.4. IN AREAS SHOWN FOR REGRADING OR REMOVAL OF INVASIVE VEGETATIONTHE CONTRACTOR SHALL REMOVE THE TOP 8” OF SOIL. THIS MATERIAL SHALLBE HAULED OFF AND DISPOSED OF IN ACCORDANCE WITH REQUIREMENTS OFTHE SPECIFICATIONS.5. THE CONTRACTOR SHALL USE METHODS AND EQUIPMENT THAT WILL NOTCOMPACT THE SOIL. SOIL COMPACTION EFFORT IS ALLOWED ONLY WHERESPECIFIED ON PLANS.6. MATERIALS AND PLACEMENT OF SOIL AMENDMENTS IS SPECIFIED ELSEWHEREIN THE REVEGETATION SHEETS.7. THE CONTRACTOR SHALL PHASE CONSTRUCTION OPERATIONS TO MINIMIZEEXPOSED SOILS WHICH COULD INTRODUCE SEDIMENT LADEN RUNOFF TOFANNO CREEK DURING A STORM EVENT. EFFORTS IN EACH WORK AREA SHALLBE EXPEDITED TO ENSURE MINIMAL DURATION OF EXPOSED SOILS AND THEINSTALLATION OF PERMANENT EROSION CONTROLS AS QUICKLY AS POSSIBLE.SEE THE EROSION AND SEDIMENT CONTROL PLAN FOR MORE REQUIREMENTS.EXISTING STORM SEWEREXISTING SANITARY SEWERPROPOSED MAJOR CONTOURPROPOSED MINOR CONTOURPROPERTY LINELIMITS OF CONSTRUCTIONORDINARY HIGH WATER LINE (134')EXISTING FENCETOE PROTECTION ROCK BUTTRESSMANHOLEPROPOSED BIRD HOUSE POSTBORINGSNEW MANHOLENEW STORM SEWERGRADING LIMITSNWP-2013-429-1Page 6 of 18Enclosure 1
NWP-2013-429-1Page 7 of 18Enclosure 1
L = 24'16.5' (MIN)4.5' (MIN)ORDINARY HIGHWATER SURFACE134.00'RW-ABOTTOM OF ROOTCOLLAR ELEV. 125.02'CHANNEL THALWEGELEV. 125.27'APPROXIMATE LOW POOLELEVATIONBOTTOM OF STEMELEV. 123.27'21"-27" DBHL = 24'16.5' (MIN)4.5' (MIN)ORDINARY HIGHWATER SURFACE134.00'RW-BBOTTOM OF ROOTCOLLAR ELEV. 123.40'CHANNEL THALWEGELEV. 123.65'APPROXIMATE LOW POOLELEVATIONBOTTOM OF STEMELEV. 121.65'21"-27" DBHTOP OF BANKPLANT DISTURBED AREAPER LANDSCAPE PLANSFLOWTOP OF BANKORDINARY HIGHWATER SURFACETOE OF BANKEXPECTED SCOUR POOLPLACE QUARRY SPALLS AND COARSESUBSTRATE ON BANKS STEEPERTHAN 3:1. EXTEND BANK ARMORINGFOR AT LEAST 8 FEET ON EITHERSIDE OF THE EXPOSED STRUCTURE.KEY INTO BED MIN. OF 2 FEET.TOP OF BANKPLANT DISTURBED AREAPER LANDSCAPE PLANSFLOWTOP OF BANKORDINARY HIGHWATER SURFACETOE OF BANKEXPECTED SCOUR POOLPLACE QUARRY SPALLS AND COARSESUBSTRATE ON BANKS STEEPERTHAN 3:1. EXTEND BANK ARMORINGFOR AT LEAST 8 FEET ON EITHERSIDE OF THE EXPOSED STRUCTURE.KEY INTO BED MIN. OF 2 FEET.EXISTINGCHANNEL BEDCOARSE SUBSTRATEBANK ROUGHENING1.51KEY ROCK INTOBED 3' MIN3:1 MAXHEIGHT VARIES,SEE GENERAL NOTES2' MINORDINARY HIGHWATER SURFACEAPPROX. ELEV 134.00MAXLARGE WOODDEBRIS FLOWDEFLECTIONSTRUCTURELOGS (WITHROOTWADS)21"-27"LOGDBH24'LOGLENGTHROOTWAD STRUCTURE SUMMARY TABLESTRUCTUREIDMIN BURIEDLENGTHRW-A 2 (2)16.5'21"-27" 24'RW-B 2 (2) 16.5'MANUFACTURER NOTES:1. IF TENDONS ARE REQUIRED, COORDINATE THE NUMBER AND LOCATION OF ATRA TENDON CLIPS AND/OR ATRA ANCHORS REQUIRED TO TRANSFER THE LOAD TO THE CREST ANCHOR SYSTEM.2. EARTH ANCHORS SHALL BE INSTALLED PER MANUFACTURER'S REQUIREMENTS.3. ALL CREST ANCHORAGE REQUIREMENTS SHALL BE PREPARED BY A PROFESSIONAL FAMILIAR WITH ENGINEERING CONCEPTS.4. WHEN CONNECTING TO A CONCRETE STRUCTURE, TENDON CAN BE TIED DIRECTLY TO SPECIFIED EYE BOLT OR ROD THROUGH THE EYE BOLT.5. INSTALL EYE BOLT PER MANUFACTURER'S INSTRUCTIONS.6. EPOXY ANCHORING COMPOUNDED IS RECOMMENDED WHEN EYE BOLT IS DOWELED INTO AN EXISTING CONCRETE STRUCTURE.ATRA TENDON CLIPATRA ANCHOR AGAINST CELL WALLATRA ANCHORSECTIONATRA TENDON CLIPATRA ANCHOR AGAINST CELL WALLANCHOR TRENCHSECTIONSTAKE ANCHORAGESECTIONSTAKE AND CREST ANCHORAGEPLAN VIEWTENDON TIED TOSPEC'D RODTENDON TIED TOSPEC'D EYEBOLTDETAILCONCRETE STRUCTURETIE TENDON TO EYE BOLT OR SPEC'DROD THROUGH THE EYE BOLT.SPEC'D TENDONGEOTEXTILE (IF REQ'D)ATRA ANCHORAGAINST CELL WALLATRA TENDON CLIPDEADMAN ANCHORATRA TENDON CLIPATRA ANCHOR AGAINST CELL WALLATRA TENDON CLIPATRA ANCHOR AGAINST CELL WALLEARTH ANCHORMANUFACTURER NOTES:1. IF TENDONS ARE REQUIRED, COORDINATE THE NUMBER AND LOCATION OF ATRA TENDON CLIPS AND/OR ATRA ANCHORS REQUIRED TO TRANSFER THE LOAD TO THE CREST ANCHOR SYSTEM.2. EARTH ANCHORS SHALL BE INSTALLED PER MANUFACTURER'S REQUIREMENTS.3. ALL CREST ANCHORAGE REQUIREMENTS SHALL BE PREPARED BY A PROFESSIONAL FAMILIAR WITH ENGINEERING CONCEPTS.4. WHEN CONNECTING TO A CONCRETE STRUCTURE, TENDON CAN BE TIED DIRECTLY TO SPECIFIED EYE BOLT OR ROD THROUGH THE EYE BOLT.5. INSTALL EYE BOLT PER MANUFACTURER'S INSTRUCTIONS.6. EPOXY ANCHORING COMPOUNDED IS RECOMMENDED WHEN EYE BOLT IS DOWELED INTO AN EXISTING CONCRETE STRUCTURE.SECTIONSOIL COVER/EMBEDMENTSECTIONEARTH ANCHORSECTIONDEADMAN ANCHORSECTIONTYPICAL CONNECTION TO CONCRETE STRUCTUREPLAN VIEWEYE BOLTAC-6ROOT WAD STRUCTURE - TYPICALNTS1. LARGE ROOT WOOD STRUCTURES ARE DESIGNED TO ENHANCE AQUATICHABITAT.2. KEY WOOD MEMBERS SHALL BE DOUGLAS FIR AND/OR WESTERN RED CEDARWITH A DBH BETWEEN 21 AND 27 INCHES. AT LEAST HALF OF THE LOGS SHALLEXCEED 24" DBH. ROOTWAD DIAMETERS SHALL EXCEED 6 FEET.3. CONTRACTOR SHALL SALVAGE EXISTING QUARRY SPALLS, COBBLES, ANDBOULDERS TO USE AS BANK ARMORING BEHIND THE LARGE WOODSTRUCTURES.4. ENGINEER MUST BE PRESENT IN THE FIELD TO DIRECT THE CONSTRUCTION OFTHE LARGE ROOT WOOD STRUCTURES. LARGE WOOD STRUCTURES ARESHOWN IN APPROXIMATE LOCATIONS ON THE PLANS, AND THE ENGINEER MAYSLIGHTLY ALTER THE CONFIGURATION AND ORIENTATION TO FIT FIELDCONDITIONS.5. WORK MUST BE FULLY CONTAINED WITHIN TURBIDITY BARRIER.1. ROCK FOR BANK ROUGHENING SHALL BE 12-INCH MINIMUM DIAMETER, WITH SMALLER COBBLES AND GRAVELS FILLING VOIDS BETWEEN BOULDERS.2. PLACE ROCK ON BANKS STEEPER THAN 3:1 AND BELOW THE ELEVATION OF ORDINARY HIGH WATER MARK.3. CONTRACTOR SHALL SALVAGE EXISTING QUARRY SPALLS, BOULDERS, AND COBBLES, FROM DISTURBED AREAS, OR AS DIRECTED DURING CONSTRUCTION, TO USE ASBANK ROUGHENING.4. ENGINEER MUST BE PRESENT IN THE FIELD TO DIRECT THE CONSTRUCTION OF THE COARSE SUBSTRATE BANK PROTECTION. LOCATION OF BANK ROUGHENING IS SHOWNIN APPROXIMATE LOCATIONS ON THE PLANS, AND THE ENGINEER MAY SLIGHTLY ALTER THE CONFIGURATION AND ORIENTATION TO FIT FIELD CONDITIONS.5. WORK MUST BE FULLY CONTAINED WITHIN TURBIDITY BARRIER.BC-6COARSE SUBSTRATE BANK ROUGHENING - CROSS SECTIONNTSEC-6TYPICAL END KEY SECTION WITH 8' THICKFC-6TYPICAL SECTION 6' THICKHORIZONTAL: 1'=10'VERTICAL: 1'=10'HORIZONTAL: 1'=10'VERTICAL: 1'=10'CC-6GEOWEB SLOPE - TENDON ANCHORAGE DETAILNTSDC-6GEOWEB CREST ANCHOR DETAILSNTSNWP-2013-429-1Page 8 of 18Enclosure 1
10"ØMIN.6"4"TOP SOILCONCRETE4"x4" PRESSURETREATED POST36" MIN. +3"/FT. OFPOST HT. OVER 8'HEIGHT VARIES.MIN. 8'NOTE: ALL COMPACTTION REQUIREMENTS PER AASHTO T-99 AND ODOT/APWA SPEC 00405.GRADE RINGS (2", 4", OR 6")MAXIMUM 8"- SEE NOTE 6SET IN NON-SHRINK GROUTPAVING RINGS NOT ALLOWEDSEE NOTE AT TOP OFSTANDARD DETAIL #020.FOR LARGE DIAMETERMANHOLES SEESTANDARD DETAIL #160PIPE TYPESIZE, ANDCONNECTIONPERPLAN, ASAPPROVEDWATERTIGHT SEALOIL & FLOATABLE DEBRISON SURFACE CANNOT EXIT PIPE"SNOUT" OIL & DEBRIS STOPANTI-SIPHON DEVICE18"60" MINIMUMALL HOODS AND TRAPS FOR CATCH BASINS AND WATER QUALITY STRUCTURES SHALL BE AS MANUFACTURED BY:BEST MANAGEMENT PRODUCTS, INC.53 MT. ARCHER RD.LYME, CT 06371(860) 434-0277, (860) 434-3195FAX TOLL FREE: (800) 504-8008OR (888) 354-7585WEB SITE: WWW.BESTMP.COM OR PRE-APPROVED EQUAL SUMP VOLUME REQUIREMENTS 20 CF/1.0 CFS OF INFLOW 58.9 CF MINIMUM REQUIRED SUMP VOLUME AVAILABLE MINIMUM MAXIMUM60" M.H.= 58.9 CF .1 CF72" M.H.= 84.8 CF 1.3 CF84" M.H.= 115.4 CF 2.3 CF PROVIDE SPECIAL DETAIL FOR VOLUME REQUIREMENTS EXCEEDING 192.3 CFNOTES:1. ALL MANHOLE SECTIONS SHALL CONFORM TO THE REQUIREMENTS OF ASTM C-478 AND APPLICABLE PROVISIONS OF STD. MANHOLE DRAWING NO. 0102. INLET AND OUTLET PIPE NOT TO EXCEED 18"DIA.3. PROVIDE SPECIAL DETAIL FOR OUTLET FLOW CONTROL EXCEEDING 18" DIA.4. ALL OUTLETS SHALL HAVE FLOW CONTROLDEVICE.AC-7BIRD HOUSE POSTNTSBC-7STANDARD PATHNTSCC-7TRENCH BACKFILL - TYPICAL (CWS 590)NTSDC-7WATER QUALITY MANHOLE (CWS 250 & 260)NTSNWP-2013-429-1Page 9 of 18Enclosure 1
EXISTING MANHOLENEW WATER QUALITY MANHOLENEW BUBBLE-UP MANHOLEABC1. MANHOLES TO BE CONSTRUCTED AS SHOWN IN DETAILS ON SHEET C-72. ADDITIONAL STORM DRAIN NOTES INCLUDED ON SHEET C-23. INVERT ELEVATIONS SHOWN MAY NEED TO BE MODIFIED IN FIELD. ALERT ENGINEER IF CONFLICTEXISTS AND ELEVATIONS NEED TO BE ADJUSTED.4. NEW WATER QUALITY MANHOLE TO BE INSTALLED 132' FROM EXISTING MANHOLE, WHERE ADSCHANGES TO CORRUGATED PIPE. CONTRACTOR SHALL CONFIRM LOCATION & INVERT IN FIELD. NOTIFYENGINEER IF EXISTING PIPE INVERT AT NEW MANHOLE LOCATION DIFFERS FROM SHOWN.AC-8BUBBLE-UP MANHOLE OUTFALL DETAILSNTSPROFILE VIEWPLAN VIEWEXISTING STORM SEWEREXISTING SANITARY SEWERNEW STORM SEWERNWP-2013-429-1Page 10 of 18Enclosure 1
EXISTING STORM SEWEREXISTING SANITARY SEWERPROPOSED MAJOR CONTOURPROPOSED MINOR CONTOURPROPERTY LINELIMITS OF CONSTRUCTIONORDINARY HIGH WATER LINE (134')EXISTING FENCEMANHOLECOFFERDAM DIVERSIONFISH RECOVERY REQUIREDSUPER SACK SAND BAG DIVERSION COFFER DAM (OR AS APPROVED)CREEK PUMPING WITH FISH SCREEN, AND PUMPSFISH SCREENDEBRIS SCREENDEWATERING PUMP WITH FISH SCREENDEWATERED WORK AREATEMPORARY SEDIMENT CONTROL FACILITY, OR BAG FILTERWOOD SHEET ENERGY DISSIPATERTURBIDITY BARRIER1234567891. DIVERSION C IS OPTIONAL, AS DETERMINED BY CONTRACTOR10NWP-2013-429-1Page 11 of 18Enclosure 1
DC-10NTSWOOD SHEET ENERGY DISSIPATORAC-10NTSCREEK ISOLATION - DIVERSION COFFER DAM ABC-10NTSCC-10NTSCREEK ISOLATION - SECTION VIEW (TYPICAL)CREEK ISOLATION - DIVERSION COFFER DAM BNWP-2013-429-1Page 12 of 18Enclosure 1
CONSTRUCTION ENTRANCE IN ACCORDANCE WITH STANDARD DETAIL ON SHEETC-12. TIRE WASH IN ACCORDANCE WITH STANDARD DETAIL ON SHEET C-12.CONTRACTOR SHALL MAINTAIN TIRE WASH AND CONSTRUCTION ENTRANCETHROUGHOUT PROJECT DURATION. AFTER CONSTRUCTION RESTORE THECREEK BANK AND CONSTRUCTION ACCESS POINTS AS SPECIFIED. REMOVECONSTRUCTION ENTRANCES AND TIRE WASH MATERIALS. RESTORE GRADESAND SURFACE MATERIALS IN THESE AREAS TO ORIGINAL OR BETTER CONDITION.SEE SHEET L-2 FOR PLANTING REQUIREMENTS AS APPROPRIATE.CONSTRUCT AND MAINTAIN SEDIMENT FENCE AT LOCATIONS SHOWN INACCORDANCE WITH STANDARD DETAIL ON SHEET C-12. MAINTAIN AS REQUIREDTO ACHIEVE THE GOALS OF THE SEDIMENT AND EROSION CONTROL PLAN.EROSION CONTROL BLANKET TO BE SC150BN BY NORTH AMERICAN GREEN, OREQUAL, INSTALLED IN ACCORDANCE WITH MANUFACTURER'S RECOMMENDATIONSUSING STAPLE PATTERN "D".INSTALL INLET PROTECTION PER DETAIL ON SHEET C-13INSTALL SILT FENCE, WATTLES AS NEEDED IN THIS AREA AND ADJUST AS NEEDED.12341. THE GOAL OF THESE PLANS IS TO PREVENT SEDIMENT LADEN WATER FROMCONSTRUCTION ACTIVITIES FROM FLOWING INTO FANNO CREEK. IN ADDITION,MEASURES REQUIRED BY THESE PLANS ARE INTENDED TO PREVENT TRACKINGSITE MATERIALS ONTO PUBLIC ROADWAYS.2. ALL AREAS DISTURBED BY CONSTRUCTION OF THIS PROJECT SHALL AT AMINIMUM RECEIVE NATIVE GRASS APPLICATION AS SPECIFIED ELSEWHERE.SEE REVEGETATION PLANS FOR MORE DETAILS.3. STORMWATER FROM WORK AREAS CANNOT ENTER FANNO CREEK OVER THEDURATION OF THIS PROJECT WITHOUT PASSING THROUGH ESCP FEATURES.CONTRACTOR SHALL MAINTAIN ALL EROSION CONTROLS TO MEET THE INTENTOF THIS REQUIREMENT.4. EROSION CONTROL MEASURES SHOWN ARE THE MINIMUM REQUIRED. WHEREEROSION CONTROLS ARE FOUND TO BE INEFFECTIVE THEY WILL BE MODIFIEDAT THE DIRECTION OF THE ENGINEER.5. THE CONTRACTOR SHALL STAGE THE WORK TO MINIMIZE EXPOSED BAREGROUND. SUBMIT A PROPOSED CONSTRUCTION SEQUENCE FOR ENGINEERAPPROVAL PRIOR TO BEGINNING WORK.SFSTORM SEWERSANITARY SEWERPROPOSED MAJOR CONTOURPROPOSED MINOR CONTOURPROPERTY LINELIMITS OF CONSTRUCTIONORDINARY HIGH WATER LINE (134')EXISTING FENCETOE PROTECTION ROCK BUTTRESSMANHOLESEDIMENT FENCETURBIDITY BARRIEREROSION CONTROL BLANKETGEOCELLCONSTRUCTION ENTRANCE & TIRE WASH5xTOTAL AREA OF DISTURBANCE = 0.94 ACRESNWP-2013-429-1Page 13 of 18Enclosure 1
EXTEND FENCE TO DRIP LINE4' minMAINTAIN EXISTINGGRADE WITH THE TREEPROTECTION FENCEUNLESS OTHERWISEINDICATED ON THE PLANS.2" X 6' STEEL POSTSOR APPROVED EQUAL.TREE PROTECTIONFENCE: HIGH DENSITYPOLYETHYLENE FENCINGWITH 3.5" X 1.5"OPENINGS; COLOR-ORANGE. STEEL POSTSINSTALLED AT MAXIMUM8' O.C.NOTES:1- ALL PRUNING SHALL BEPERFORMED BY AN APPROVEDARBORIST. A WORK PLAN SHALL BEPREPARED AND PROVIDED TOPROJECT ENGINEER FOR APPROVALPRIOR TO PERFORMING WORK.2- NO EQUIPMENT SHALL OPERATEINSIDE THEPROTECTIVE FENCING INCLUDINGDURING FENCEINSTALLATION AND REMOVAL.KEEP OUTVEGETATIONPROTECTION AREA8.5" X 11" SIGN LAMINATED INPLASTIC PLACED ALONG ALLSIDES OR EVERY 50' ALONG THE FENCE.DC-12CONSTRUCTION ENTRANCE (CWS 855)NTSCC-12TIRE WASH - (MANUAL HOSE WASH) (CWS 865)NTSBC-12SEDIMENT FENCE (CWS 875)NTSEC-12TREE PROTECTION DETAILNTSAC-12TURBIDITY BARRIERNTSDC-12STANDARD EROSION AND SEDIMENT CONTROLNOTES FOR SITES LESS THAN 1 ACRE (CWS 945)NTSNWP-2013-429-1Page 14 of 18Enclosure 1
*Minimum staple pattern guide and recommendation for slopeand channel application.AABBBBCDCCCXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXABCDNOT TO SCALETAMP SOIL OVER MAT/BLANKETSTAPLESPLACING BLANKETS.2. APPLY PERMANENT SEEDING BEFORETHE SOIL. DO NOT STRETCH.ISOMETRIC VIEWSTAPLE TO MAINTAIN DIRECT CONTACT WITH3. LAY BLANKETS LOOSELY AND STAKE ORBLANKETS SHALL HAVE GOOD SOIL CONTACT.ROCKS, CLODS, STICKS AND GRASS. MATS/1. SLOPE SURFACE SHALL BE FREE OFNOTES:BERMOVERLAPMIN. 4"BE INSTALLED VERTICALLYMATS/BLANKETS SHOULD2:1 SLOPEDOWNSLOPE.6'3'12"3' 12"1 1/2"12"ANCHORING DETAILSEE ANCHORINGDETAIL BELOWNOTE:MODIFY ANCHORINGDETAIL AT ACCESSROAD AND MILLRACE PATHMETAL FENCE POSTHIGHLY VISIBLE, UV STABILIZEDPOLYPROPYLENE FENCINGHAVING OPENINGS NO GREATERTHAN 2 INCHES BY 2 INCHES4' (MAX.)3.2' (MIN)NOTE: INSTALL HIGH VISIBILITY MARKING TAPE AROUND PERIMETERWHERE INSTALLATION OF FENCING IS NOT FEASIBLE.DITCH INLETPLAN VIEWFLOWFLOWDITCH BOTTOMCATCH BASINMAY BE USED SHORT TERMW/ UTILITY WORK AND W/PHASING OF DEVELOPMENTAREA DRAINFLOW6" overlap of bags.CC-13INLET PROTECTION (CWS 915)NTSDC-13EROSION CONTROL FABRIC MATTING (CWS 805)NTSAC-13PLASTIC SHEETING (CWS 810)NTSFC-13WATTLES (CWS 880)NTSBC-13CONSTRUCTION FENCENTSEC-13MATTING STAPLE TABLENTSNWP-2013-429-1Page 15 of 18Enclosure 1
STORM SEWERSANITARY SEWERPROPOSED MAJOR CONTOURPROPOSED MINOR CONTOURTEMPORARY CREEK CROSSINGFIELD SURVEY CONTOURPROPERTY LINELIMITS OF CONSTRUCTIONORDINARY HIGH WATER LINE (134')EXISTING FENCEMANHOLEPROPOSED BIRD HOUSE POSTBORINGSTREE TO BE PROTECTEDTREE TO BE REMOVEDNWP-2013-429-1Page 16 of 18Enclosure 1
EXISTING STORM SEWEREXISTING SANITARY SEWERPROPERTY LINEORDINARY HIGH WATER LINE (134')EXISTING FENCEMANHOLEPROPOSED BIRD HOUSE POSTBORINGSSEEDING AND OTHER PLANTING, SEE DETAIL SHEETCONTRACTOR IS RESPONSIBLE FOR ESTABLISHMENT OF SEEDED AREAS ANDPLANTS. HAND WATER OR TEMPORARY IRRIGATION SYSTEM WILL BENECESSARYNWP-2013-429-1Page 17 of 18Enclosure 1
NWP-2013-429-1Page 18 of 18Enclosure 1
A. Description of Activities Authorized by Nationwide Permit 13
B. Nationwide Permit General Conditions
C. District Engineer’s Decision
D. Further Information
E. Portland District Regional Conditions
F. Portland District Nationwide Permit Specific Conditions
In addition to any special conditions that may be required on a case-by-case basis by the
District Engineer, the following terms and conditions must be met, as applicable, for a
Nationwide Permit authorization to be valid in Oregon.
A. Description of Activities Authorized by Nationwide Permit (NWP) 13
13.Bank Stabilization. Bank stabilization activities necessary for erosion control or
prevention, such as vegetative stabilization, bioengineering, sills, rip rap, revetment,
gabion baskets, stream barbs, and bulkheads, or combinations of bank stabilization
techniques, provided the activity meets all of the following criteria:
(a) No material is placed in excess of the minimum needed for erosion protection;
(b) The activity is no more than 500 feet in length along the bank, unless the district
engineer waives this criterion by making a written determination concluding that the
discharge will result in no more than minimal adverse environmental effects (an
exception is for bulkheads – the district engineer cannot issue a waiver for a bulkhead
that is greater than 1,000 feet in length along the bank);
(c) The activity will not exceed an average of one cubic yard per running foot, as
measured along the length of the treated bank, below the plane of the ordinary high
water mark or the high tide line, unless the district engineer waives this criterion by
making a written determination concluding that the discharge will result in no more than
minimal adverse environmental effects;
(d) The activity does not involve discharges of dredged or fill material into special
aquatic sites, unless the district engineer waives this criterion by making a written
determination concluding that the discharge will result in no more than minimal adverse
environmental effects;
(e) No material is of a type, or is placed in any location, or in any manner, that will
impair surface water flow into or out of any waters of the United States;
(f) No material is placed in a manner that will be eroded by normal or expected high
flows (properly anchored native trees and treetops may be used in low energy areas);
(g) Native plants appropriate for current site conditions, including salinity, must be
used for bioengineering or vegetative bank stabilization;
(h) The activity is not a stream channelization activity; and
(i) The activity must be properly maintained, which may require repairing it after
severe storms or erosion events. This NWP authorizes those maintenance and repair
Nationwide Permit 13
Terms and Conditions
Effective Date: March 19, 2017
NWP-2013-429-1 Page 1 of 23 Enclosure 2
activities if they require authorization. This NWP also authorizes temporary structures,
fills, and work, including the use of temporary mats, necessary to construct the bank
stabilization activity. Appropriate measures must be taken to maintain normal
downstream flows and minimize flooding to the maximum extent practicable, when
temporary structures, work, and discharges, including cofferdams, are necessary for
construction activities, access fills, or dewatering of construction sites. Temporary fills
must consist of materials, and be placed in a manner, that will not be eroded by
expected high flows. After construction, temporary fills must be removed in their entirety
and the affected areas returned to pre- construction elevations. The areas affected by
temporary fills must be revegetated, as appropriate.
Notification: The permittee must submit a pre-construction notification to the district
engineer prior to commencing the activity if the bank stabilization activity: (1) Involves
discharges into special aquatic sites; or (2) is in excess of 500 feet in length; or (3) will
involve the discharge of greater than an average of one cubic yard per running foot as
measured along the length of the treated bank, below the plane of the ordinary high
water mark or the high tide line. (See general condition 32.)
(Authorities: Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the
Clean Water Act)
B. NWP General Conditions
Note: To qualify for NWP authorization, the prospective permittee must comply with the following
general conditions, as applicable, in addition to any regional or case-specific conditions imposed
by the division engineer or district engineer. Prospective permittees should contact the
appropriate Corps district office to determine if regional conditions have been imposed on an
NWP. Prospective permittees should also contact the appropriate Corps district office to
determine the status of Clean Water Act Section 401 water quality certification and/ or Coastal
Zone Management Act consistency for an NWP. Every person who may wish to obtain permit
authorization under one or more NWPs, or who is currently relying on an existing or prior permit
authorization under one or more NWPs, has been and is on notice that all of the provisions of 33
CFR 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR 330.5
relating to the modification, suspension, or revocation of any NWP authorization.
1. Navigation.
(a) No activity may cause more than a minimal adverse effect on navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through
regulations or otherwise, must be installed and maintained at the permittee’s expense on
authorized facilities in navigable waters of the United States.
(c) The permittee understands and agrees that, if future operations by the United
States require the removal, relocation, or other alteration, of the structure or work herein
authorized, or if, in the opinion of the Secretary of the Army or his authorized
representative, said structure or work shall cause unreasonable obstruction to the free
navigation of the navigable waters, the permittee will be required, upon due notice from
the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions
caused thereby, without expense to the United States. No claim shall be made against
the United States on account of any such removal or alteration.
NWP-2013-429-1 Page 2 of 23 Enclosure 2
2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle
movements of those species of aquatic life indigenous to the waterbody, including those
species that normally migrate through the area, unless the activity’s primary purpose is to
impound water. All permanent and temporary crossings of waterbodies shall be suitably
culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain
the movement of those aquatic species. If a bottomless culvert cannot be used, then the
crossing should be designed and constructed to minimize adverse effects to aquatic life
movements.
3. Spawning Areas. Activities in spawning areas during spawning seasons must be
avoided to the maximum extent practicable. Activities that result in the physical
destruction (e.g., through excavation, fill, or downstream smothering by substantial
turbidity) of an important spawning area are not authorized.
4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as
breeding areas for migratory birds must be avoided to the maximum extent practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations,
unless the activity is directly related to a shellfish harvesting activity authorized by NWPs
4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car
bodies, asphalt, etc.). Material used for construction or discharged must be free from
toxic pollutants in toxic amounts (see section 307 of the Clean Water Act).
7. Water Supply Intakes. No activity may occur in the proximity of a public water supply
intake, except where the activity is for the repair or improvement of public water supply
intake structures or adjacent bank stabilization.
8. Adverse Effects From Impoundments. If the activity creates an impoundment of
water, adverse effects to the aquatic system due to accelerating the passage of water,
and/or restricting its flow must be minimized to the maximum extent practicable.
9. Management of Water Flows. To the maximum extent practicable, the pre-
construction course, condition, capacity, and location of open waters must be maintained
for each activity, including stream channelization, storm water management activities, and
temporary and permanent road crossings, except as provided below. The activity must
be constructed to withstand expected high flows. The activity must not restrict or impede
the passage of normal or high flows, unless the primary purpose of the activity is to
impound water or manage high flows. The activity may alter the pre-construction course,
condition, capacity, and location of open waters if it benefits the aquatic environment
(e.g., stream restoration or relocation activities).
10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-
approved state or local floodplain management requirements.
NWP-2013-429-1 Page 3 of 23 Enclosure 2
11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on
mats, or other measures must be taken to minimize soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls
must be used and maintained in effective operating condition during construction, and all
exposed soil and other fills, as well as any work below the ordinary high water mark or
high tide line, must be permanently stabilized at the earliest practicable date. Permittees
are encouraged to perform work within waters of the United States during periods of low-
flow or no-flow, or during low tides.
13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the
affected areas returned to pre-construction elevations. The affected areas must be
revegetated, as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly maintained,
including maintenance to ensure public safety and compliance with applicable NWP
general conditions, as well as any activity-specific conditions added by the district
engineer to an NWP authorization.
15. Single and Complete Project. The activity must be a single and complete project.
The same NWP cannot be used more than once for the same single and complete
project.
16. Wild and Scenic Rivers.
(a) No NWP activity may occur in a component of the National Wild and Scenic River
System, or in a river officially designated by Congress as a ‘‘study river’’ for possible
inclusion in the system while the river is in an official study status, unless the appropriate
Federal agency with direct management responsibility for such river, has determined in
writing that the proposed activity will not adversely affect the Wild and Scenic River
designation or study status.
(b) If a proposed NWP activity will occur in a component of the National Wild and
Scenic River System, or in a river officially designated by Congress as a ‘‘study river’’ for
possible inclusion in the system while the river is in an official study status, the permittee
must submit a pre-construction notification (see general condition 32). The district
engineer will coordinate the PCN with the Federal agency with direct management
responsibility for that river. The permittee shall not begin the NWP activity until notified by
the district engineer that the Federal agency with direct management responsibility for
that river has determined in writing that the proposed NWP activity will not adversely
affect the Wild and Scenic River designation or study status.
(c) Information on Wild and Scenic Rivers may be obtained from the appropriate
Federal land management agency responsible for the designated Wild and Scenic River
or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land
Management, U.S. Fish and Wildlife Service). Information on these rivers is also
available at: http://www.rivers.gov/.
NWP-2013-429-1 Page 4 of 23 Enclosure 2
17. Tribal Rights. No NWP activity may cause more than minimal adverse effects on tribal
rights (including treaty rights), protected tribal resources, or tribal lands.
18. Endangered Species.
(a) No activity is authorized under any NWP which is likely to directly or indirectly
jeopardize the continued existence of a threatened or endangered species or a species
proposed for such designation, as identified under the Federal Endangered Species Act
(ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of
such species. No activity is authorized under any NWP which ‘‘may affect’’ a listed
species or critical habitat, unless ESA section 7 consultation addressing the effects of the
proposed activity has been completed. Direct effects are the immediate effects on listed
species and critical habitat caused by the NWP activity. Indirect effects are those effects
on listed species and critical habitat that are caused by the NWP activity and are later in
time, but still are reasonably certain to occur.
(b) Federal agencies should follow their own procedures for complying with the
requirements of the ESA. If pre- construction notification is required for the proposed
activity, the Federal permittee must provide the district engineer with the appropriate
documentation to demonstrate compliance with those requirements. The district engineer
will verify that the appropriate documentation has been submitted. If the appropriate
documentation has not been submitted, additional ESA section 7 consultation may be
necessary for the activity and the respective federal agency would be responsible for
fulfilling its obligation under section 7 of the ESA.
(c) Non-federal permittees must submit a pre-construction notification to the district
engineer if any listed species or designated critical habitat might be affected or is in the
vicinity of the activity, or if the activity is located in designated critical habitat, and shall not
begin work on the activity until notified by the district engineer that the requirements of the
ESA have been satisfied and that the activity is authorized. For activities that might affect
Federally-listed endangered or threatened species or designated critical habitat, the pre-
construction notification must include the name(s) of the endangered or threatened
species that might be affected by the proposed activity or that utilize the designated
critical habitat that might be affected by the proposed activity. The district engineer will
determine whether the proposed activity ‘‘may affect’’ or will have ‘‘no effect’’ to listed
species and designated critical habitat and will notify the non-Federal applicant of the
Corps’ determination within 45 days of receipt of a complete pre-construction notification.
In cases where the non-Federal applicant has identified listed species or critical habitat
that might be affected or is in the vicinity of the activity, and has so notified the Corps, the
applicant shall not begin work until the Corps has provided notification that the proposed
activity will have ‘‘no effect’’ on listed species or critical habitat, or until ESA section 7
consultation has been completed. If the non-Federal applicant has not heard back from
the Corps within 45 days, the applicant must still wait for notification from the Corps.
(d) As a result of formal or informal consultation with the FWS or NMFS the district
engineer may add species-specific permit conditions to the NWPs.
(e) Authorization of an activity by an NWP does not authorize the ‘‘take’’ of a
threatened or endangered species as defined under the ESA. In the absence of separate
authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with ‘‘incidental take’’
provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any
NWP-2013-429-1 Page 5 of 23 Enclosure 2
person subject to the jurisdiction of the United States to take a listed species, where
‘‘take’’ means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect,
or to attempt to engage in any such conduct. The word ‘‘harm’’ in the definition of ‘‘take’’
means an act which actually kills or injures wildlife. Such an act may include significant
habitat modification or degradation where it actually kills or injures wildlife by significantly
impairing essential behavioral patterns, including breeding, feeding or sheltering.
(f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take
permit with an approved Habitat Conservation Plan for a project or a group of projects
that includes the proposed NWP activity, the non-federal applicant should provide a copy
of that ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this
general condition. The district engineer will coordinate with the agency that issued the
ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity and the
associated incidental take were considered in the internal ESA section 7 consultation
conducted for the ESA section 10(a)(1)(B) permit. If that coordination results in
concurrence from the agency that the proposed NWP activity and the associated
incidental take were considered in the internal ESA section 7 consultation for the ESA
section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA
section 7 consultation for the proposed NWP activity. The district engineer will notify the
non-federal applicant within 45 days of receipt of a complete pre-construction notification
whether the ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether
additional ESA section 7 consultation is required.
(g) Information on the location of threatened and endangered species and their critical
habitat can be obtained directly from the offices of the FWS and NMFS or their world wide
Web pages at http://www.fws.gov/ or http:// www.fws.gov/ipac and http:// and
www.nmfs.noaa.gov/pr/species/esa/ respectively.
19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for
ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden
Eagle Protection Act. The permittee is responsible for contacting appropriate local office
of the U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts
to migratory birds or eagles, including whether ‘‘incidental take’’ permits are necessary
and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection
Act for a particular activity.
20. Historic Properties.
(a) In cases where the district engineer determines that the activity may have the
potential to cause effects to properties listed, or eligible for listing, in the National Register
of Historic Places, the activity is not authorized, until the requirements of Section 106 of
the National Historic Preservation Act (NHPA) have been satisfied.
(b) Federal permittees should follow their own procedures for complying with the
requirements of section 106 of the National Historic Preservation Act. If pre-construction
notification is required for the proposed NWP activity, the Federal permittee must provide
the district engineer with the appropriate documentation to demonstrate compliance with
those requirements. The district engineer will verify that the appropriate documentation
has been submitted. If the appropriate documentation is not submitted, then additional
NWP-2013-429-1 Page 6 of 23 Enclosure 2
consultation under section 106 may be necessary. The respective federal agency is
responsible for fulfilling its obligation to comply with section 106.
(c) Non-federal permittees must submit a pre-construction notification to the district
engineer if the NWP activity might have the potential to cause effects to any historic
properties listed on, determined to be eligible for listing on, or potentially eligible for listing
on the National Register of Historic Places, including previously unidentified properties.
For such activities, the pre- construction notification must state which historic properties
might have the potential to be affected by the proposed NWP activity or include a vicinity
map indicating the location of the historic properties or the potential for the presence of
historic properties. Assistance regarding information on the location of, or potential for,
the presence of historic properties can be sought from the State Historic Preservation
Officer, Tribal Historic Preservation Officer, or designated tribal representative, as
appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When
reviewing pre-construction notifications, district engineers will comply with the current
procedures for addressing the requirements of section 106 of the National Historic
Preservation Act. The district engineer shall make a reasonable and good faith effort to
carry out appropriate identification efforts, which may include background research,
consultation, oral history interviews, sample field investigation, and field survey. Based
on the information submitted in the PCN and these identification efforts, the district
engineer shall determine whether the proposed NWP activity has the potential to cause
effects on the historic properties. Section 106 consultation is not required when the
district engineer determines that the activity does not have the potential to cause effects
on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required when
the district engineer determines that the activity has the potential to cause effects on
historic properties. The district engineer will conduct consultation with consulting parties
identified under 36 CFR 800.2(c) when he or she makes any of the following effect
determinations for the purposes of section 106 of the NHPA: no historic properties
affected, no adverse effect, or adverse effect. Where the non-Federal applicant has
identified historic properties on which the activity might have the potential to cause effects
and so notified the Corps, the non-Federal applicant shall not begin the activity until
notified by the district engineer either that the activity has no potential to cause effects to
historic properties or that NHPA section 106 consultation has been completed.
(d) For non-federal permittees, the district engineer will notify the prospective
permittee within 45 days of receipt of a complete pre-construction notification whether
NHPA section 106 consultation is required. If NHPA section 106 consultation is required,
the district engineer will notify the non-Federal applicant that he or she cannot begin the
activity until section 106 consultation is completed. If the non-Federal applicant has not
heard back from the Corps within 45 days, the applicant must still wait for notification from
the Corps.
(e) Prospective permittees should be aware that section 110k of the NHPA (54
U.S.C. 306113) prevents the Corps from granting a permit or other assistance to an
applicant who, with intent to avoid the requirements of section 106 of the NHPA, has
intentionally significantly adversely affected a historic property to which the permit would
relate, or having legal power to prevent it, allowed such significant adverse effect to
occur, unless the Corps, after consultation with the Advisory Council on Historic
Preservation (ACHP), determines that circumstances justify granting such assistance
NWP-2013-429-1 Page 7 of 23 Enclosure 2
despite the adverse effect created or permitted by the applicant. If circumstances justify
granting the assistance, the Corps is required to notify the ACHP and provide
documentation specifying the circumstances, the degree of damage to the integrity of any
historic properties affected, and proposed mitigation. This documentation must include
any views obtained from the applicant, SHPO/ THPO, appropriate Indian tribes if the
undertaking occurs on or affects historic properties on tribal lands or affects properties of
interest to those tribes, and other parties known to have a legitimate interest in the
impacts to the permitted activity on historic properties.
21. Discovery of Previously Unknown Remains and Artifacts. If you discover any
previously unknown historic, cultural or archeological remains and artifacts while
accomplishing the activity authorized by this permit, you must immediately notify the
district engineer of what you have found, and to the maximum extent practicable, avoid
construction activities that may affect the remains and artifacts until the required
coordination has been completed. The district engineer will initiate the Federal, Tribal,
and state coordination required to determine if the items or remains warrant a recovery
effort or if the site is eligible for listing in the National Register of Historic Places.
22. Designated Critical Resource Waters. Critical resource waters include, NOAA-
managed marine sanctuaries and marine monuments, and National Estuarine Research
Reserves. The district engineer may designate, after notice and opportunity for public
comment, additional waters officially designated by a state as having particular
environmental or ecological significance, such as outstanding national resource waters or
state natural heritage sites. The district engineer may also designate additional critical
resource waters after notice and opportunity for public comment.
(a) Discharges of dredged or fill material into waters of the United States are not
authorized by NWPs 7, 12, 14,16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and
52 for any activity within, or directly affecting, critical resource waters, including wetlands
adjacent to such waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and
54, notification is required in accordance with general condition 32, for any activity
proposed in the designated critical resource waters including wetlands adjacent to those
waters. The district engineer may authorize activities under these NWPs only after it is
determined that the impacts to the critical resource waters will be no more than minimal.
23. Mitigation. The district engineer will consider the following factors when determining
appropriate and practicable mitigation necessary to ensure that the individual and
cumulative adverse environmental effects are no more than minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse
effects, both temporary and permanent, to waters of the United States to the maximum
extent practicable at the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or
compensating for resource losses) will be required to the extent necessary to ensure that
the individual and cumulative adverse environmental effects are no more than minimal.
(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all
wetland losses that exceed 1⁄10-acre and require pre-construction notification, unless the
NWP-2013-429-1 Page 8 of 23 Enclosure 2
district engineer determines in writing that either some other form of mitigation would be
more environmentally appropriate or the adverse environmental effects of the proposed
activity are no more than minimal, and provides an activity-specific waiver of this
requirement. For wetland losses of 1⁄10-acre or less that require pre-construction
notification, the district engineer may determine on a case-by- case basis that
compensatory mitigation is required to ensure that the activity results in only minimal
adverse environmental effects.
(d) For losses of streams or other open waters that require pre-construction
notification, the district engineer may require compensatory mitigation to ensure that the
activity results in no more than minimal adverse environmental effects. Compensatory
mitigation for losses of streams should be provided, if practicable, through stream
rehabilitation, enhancement, or preservation, since streams are difficult-to-replace
resources (see 33 CFR 332.3(e)(3)).
(e) Compensatory mitigation plans for NWP activities in or near streams or other open
waters will normally include a requirement for the restoration or enhancement,
maintenance, and legal protection (e.g., conservation easements) of riparian areas next
to open waters. In some cases, the restoration or maintenance/protection of riparian
areas may be the only compensatory mitigation required. Restored riparian areas should
consist of native species. The width of the required riparian area will address
documented water quality or aquatic habitat loss concerns. Normally, the riparian area
will be 25 to 50 feet wide on each side of the stream, but the district engineer may require
slightly wider riparian areas to address documented water quality or habitat loss
concerns. If it is not possible to restore or maintain/protect a riparian area on both sides
of a stream, or if the waterbody is a lake or coastal waters, then restoring or
maintaining/protecting a riparian area along a single bank or shoreline may be sufficient.
Where both wetlands and open waters exist on the project site, the district engineer will
determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands
compensation) based on what is best for the aquatic environment on a watershed basis.
In cases where riparian areas are determined to be the most appropriate form of
minimization or compensatory mitigation, the district engineer may waive or reduce the
requirement to provide wetland compensatory mitigation for wetland losses.
(f) Compensatory mitigation projects provided to offset losses of aquatic resources
must comply with the applicable provisions of 33 CFR part 332.
(1) The prospective permittee is responsible for proposing an appropriate
compensatory mitigation option if compensatory mitigation is necessary to ensure that the
activity results in no more than minimal adverse environmental effects. For the NWPs,
the preferred mechanism for providing compensatory mitigation is mitigation bank credits
or in-lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an
appropriate number and type of mitigation bank or in-lieu credits are not available at the
time the PCN is submitted to the district engineer, the district engineer may approve the
use of permittee-responsible mitigation.
(2) The amount of compensatory mitigation required by the district engineer must be
sufficient to ensure that the authorized activity results in no more than minimal individual
and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33
CFR 332.3(f)).
NWP-2013-429-1 Page 9 of 23 Enclosure 2
(3) Since the likelihood of success is greater and the impacts to potentially valuable
uplands are reduced, aquatic resource restoration should be the first compensatory
mitigation option considered for permittee-responsible mitigation.
(4) If permittee-responsible mitigation is the proposed option, the prospective
permittee is responsible for submitting a mitigation plan. A conceptual or detailed
mitigation plan may be used by the district engineer to make the decision on the NWP
verification request, but a final mitigation plan that addresses the applicable requirements
of 33 CFR 332.4(c)(2) through (14) must be approved by the district engineer before the
permittee begins work in waters of the United States, unless the district engineer
determines that prior approval of the final mitigation plan is not practicable or not
necessary to ensure timely completion of the required compensatory mitigation (see 33
CFR 332.3(k)(3)).
(5) If mitigation bank or in-lieu fee program credits are the proposed option, the
mitigation plan only needs to address the baseline conditions at the impact site and the
number of credits to be provided.
(6) Compensatory mitigation requirements (e.g., resource type and amount to be
provided as compensatory mitigation, site protection, ecological performance standards,
monitoring requirements) may be addressed through conditions added to the NWP
authorization, instead of components of a compensatory mitigation plan (see 33 CFR
332.4(c)(1)(ii)).
(g) Compensatory mitigation will not be used to increase the acreage losses allowed
by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1⁄2-
acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than
1⁄2-acre of waters of the United States, even if compensatory mitigation is provided that
replaces or restores some of the lost waters. However, compensatory mitigation can and
should be used, as necessary, to ensure that an NWP activity already meeting the
established acreage limits also satisfies the no more than minimal impact requirement for
the NWPs.
(h) Permittees may propose the use of mitigation banks, in-lieu fee programs, or
permittee-responsible mitigation. When developing a compensatory mitigation proposal,
the permittee must consider appropriate and practicable options consistent with the
framework at 33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine
resources, permittee-responsible mitigation may be environmentally preferable if there
are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine
credits available for sale or transfer to the permittee. For permittee-responsible
mitigation, the special conditions of the NWP verification must clearly indicate the party or
parties responsible for the implementation and performance of the compensatory
mitigation project, and, if required, its long-term management.
(i) Where certain functions and services of waters of the United States are
permanently adversely affected by a regulated activity, such as discharges of dredged or
fill material into waters of the United States that will convert a forested or scrub-shrub
wetland to a herbaceous wetland in a permanently maintained utility line right-of-way,
mitigation may be required to reduce the adverse environmental effects of the activity to
the no more than minimal level.
NWP-2013-429-1 Page 10 of 23 Enclosure 2
24. Safety of Impoundment Structures. To ensure that all impoundment structures are
safely designed, the district engineer may require non-Federal applicants to demonstrate
that the structures comply with established state dam safety criteria or have been
designed by qualified persons. The district engineer may also require documentation that
the design has been independently reviewed by similarly qualified persons, and
appropriate modifications made to ensure safety.
25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have
not previously certified compliance of an NWP with CWA section 401, individual 401
Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The
district engineer or State or Tribe may require additional water quality management
measures to ensure that the authorized activity does not result in more than minimal
degradation of water quality.
26. Coastal Zone Management. In coastal states where an NWP has not previously
received a state coastal zone management consistency concurrence, an individual state
coastal zone management consistency concurrence must be obtained, or a presumption
of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may
require additional measures to ensure that the authorized activity is consistent with state
coastal zone management requirements.
27. Regional and Case-By-Case Conditions. The activity must comply with any regional
conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e))
and with any case specific conditions added by the Corps or by the state, Indian Tribe, or
U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone
Management Act consistency determination.
28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete project is prohibited, except when the acreage loss of waters of the United
States authorized by the NWPs does not exceed the acreage limit of the NWP with the
highest specified acreage limit. For example, if a road crossing over tidal waters is
constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the
maximum acreage loss of waters of the United States for the total project cannot exceed
1⁄3-acre.
29. Transfer of Nationwide Permit Verifications. If the permittee sells the property
associated with a nationwide permit verification, the permittee may transfer the
nationwide permit verification to the new owner by submitting a letter to the appropriate
Corps district office to validate the transfer. A copy of the nationwide permit verification
must be attached to the letter, and the letter must contain the following statement and
signature:
When the structures or work authorized by this nationwide permit are still in existence at
the time the property is transferred, the terms and conditions of this nationwide permit,
including any special conditions, will continue to be binding on the new owner(s) of the
property. To validate the transfer of this nationwide permit and the associated liabilities
NWP-2013-429-1 Page 11 of 23 Enclosure 2
associated with compliance with its terms and conditions, have the transferee sign and
date below.
(Transferee)
(Date)
30. Compliance Certification. Each permittee who receives an NWP verification letter
from the Corps must provide a signed certification documenting completion of the
authorized activity and implementation of any required compensatory mitigation. The
success of any required permittee-responsible mitigation, including the achievement of
ecological performance standards, will be addressed separately by the district engineer.
The Corps will provide the permittee the certification document with the NWP verification
letter. The certification document will include:
(a) A statement that the authorized activity was done in accordance with the NWP
authorization, including any general, regional, or activity-specific conditions;
(b) A statement that the implementation of any required compensatory mitigation was
completed in accordance with the permit conditions. If credits from a mitigation bank or
in-lieu fee program are used to satisfy the compensatory mitigation requirements, the
certification must include the documentation required by 33 CFR 332.3(l)(3) to confirm
that the permittee secured the appropriate number and resource type of credits; and
(c) The signature of the permittee certifying the completion of the activity and
mitigation.
The completed certification document must be submitted to the district engineer within
30 days of completion of the authorized activity or the implementation of any required
compensatory mitigation, whichever occurs later.
31. Activities Affecting Structures or Works Built by the United States. If an NWP activity
also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or
temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE)
federally authorized Civil Works project (a ‘‘USACE project’’), the prospective permittee
must submit a pre-construction notification. See paragraph (b)(10) of general condition
32. An activity that requires section 408 permission is not authorized by NWP until the
appropriate Corps office issues the section 408 permission to alter, occupy, or use the
USACE project, and the district engineer issues a written NWP verification.
32. Pre-Construction Notification.
(a) Timing. Where required by the terms of the NWP, the prospective permittee must
notify the district engineer by submitting a pre-construction notification (PCN) as early as
possible. The district engineer must determine if the PCN is complete within 30 calendar
days of the date of receipt and, if the PCN is determined to be incomplete, notify the
prospective permittee within that 30 day period to request the additional information
necessary to make the PCN complete. The request must specify the information needed
to make the PCN complete. As a general rule, district engineers will request additional
information necessary to make the PCN complete only once. However, if the prospective
permittee does not provide all of the requested information, then the district engineer will
NWP-2013-429-1 Page 12 of 23 Enclosure 2
notify the prospective permittee that the PCN is still incomplete and the PCN review
process will not commence until all of the requested information has been received by the
district engineer. The prospective permittee shall not begin the activity until either:
(1) He or she is notified in writing by the district engineer that the activity may proceed
under the NWP with any special conditions imposed by the district or division engineer; or
(2) 45 calendar days have passed from the district engineer’s receipt of the complete
PCN and the prospective permittee has not received written notice from the district or
division engineer. However, if the permittee was required to notify the Corps pursuant to
general condition 18 that listed species or critical habitat might be affected or are in the
vicinity of the activity, or to notify the Corps pursuant to general condition 20 that the
activity might have the potential to cause effects to historic properties, the permittee
cannot begin the activity until receiving written notification from the Corps that there is ‘‘no
effect’’ on listed species or ‘‘no potential to cause effects’’ on historic properties, or that
any consultation required under Section 7 of the Endangered Species Act (see 33 CFR
330.4(f)) and/or section 106 of the National Historic Preservation Act (see 33 CFR
330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until
the permittee has received written approval from the Corps. If the proposed activity
requires a written waiver to exceed specified limits of an NWP, the permittee may not
begin the activity until the district engineer issues the waiver. If the district or division
engineer notifies the permittee in writing that an individual permit is required within 45
calendar days of receipt of a complete PCN, the permittee cannot begin the activity until
an individual permit has been obtained. Subsequently, the permittee’s right to proceed
under the NWP may be modified, suspended, or revoked only in accordance with the
procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Pre-Construction Notification: The PCN must be in writing and include
the following information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed activity;
(3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to
authorize the proposed activity;
(4) A description of the proposed activity; the activity’s purpose; direct and indirect
adverse environmental effects the activity would cause, including the anticipated amount
of loss of wetlands, other special aquatic sites, and other waters expected to result from
the NWP activity, in acres, linear feet, or other appropriate unit of measure; a description
of any proposed mitigation measures intended to reduce the adverse environmental
effects caused by the proposed activity; and any other NWP(s), regional general
permit(s), or individual permit(s) used or intended to be used to authorize any part of the
proposed project or any related activity, including other separate and distant crossings for
linear projects that require Department of the Army authorization but do not require pre-
construction notification. The description of the proposed activity and any proposed
mitigation measures should be sufficiently detailed to allow the district engineer to
determine that the adverse environmental effects of the activity will be no more than
minimal and to determine the need for compensatory mitigation or other mitigation
measures. For single and complete linear projects, the PCN must include the quantity of
anticipated losses of wetlands, other special aquatic sites, and other waters for each
single and complete crossing of those wetlands, other special aquatic sites, and other
NWP-2013-429-1 Page 13 of 23 Enclosure 2
waters. Sketches should be provided when necessary to show that the activity complies
with the terms of the NWP. (Sketches usually clarify the activity and when provided
results in a quicker decision. Sketches should contain sufficient detail to provide an
illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to
be detailed engineering plans);
(5) The PCN must include a delineation of wetlands, other special aquatic sites, and
other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral
streams, on the project site. Wetland delineations must be prepared in accordance with
the current method required by the Corps. The permittee may ask the Corps to delineate
the special aquatic sites and other waters on the project site, but there may be a delay if
the Corps does the delineation, especially if the project site is large or contains many
wetlands, other special aquatic sites, and other waters. Furthermore, the 45 day period
will not start until the delineation has been submitted to or completed by the Corps, as
appropriate;
(6) If the proposed activity will result in the loss of greater than 1⁄10-acre of wetlands
and a PCN is required, the prospective permittee must submit a statement describing
how the mitigation requirement will be satisfied, or explaining why the adverse
environmental effects are no more than minimal and why compensatory mitigation should
not be required. As an alternative, the prospective permittee may submit a conceptual or
detailed mitigation plan.
(7) For non-Federal permittees, if any listed species or designated critical habitat
might be affected or is in the vicinity of the activity, or if the activity is located in
designated critical habitat, the PCN must include the name(s) of those endangered or
threatened species that might be affected by the proposed activity or utilize the
designated critical habitat that might be affected by the proposed activity. For NWP
activities that require pre-construction notification, Federal permittees must provide
documentation demonstrating compliance with the Endangered Species Act;
(8) For non-Federal permittees, if the NWP activity might have the potential to cause
effects to a historic property listed on, determined to be eligible for listing on, or potentially
eligible for listing on, the National Register of Historic Places, the PCN must state which
historic property might have the potential to be affected by the proposed activity or include
a vicinity map indicating the location of the historic property. For NWP activities that
require pre-construction notification, Federal permittees must provide documentation
demonstrating compliance with section 106 of the National Historic Preservation Act;
(9) For an activity that will occur in a component of the National Wild and Scenic River
System, or in a river officially designated by Congress as a ‘‘study river’’ for possible
inclusion in the system while the river is in an official study status, the PCN must identify
the Wild and Scenic River or the ‘‘study river’’ (see general condition 16); and
(10) For an activity that requires permission from the Corps pursuant to 33 U.S.C. 408
because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of
Engineers federally authorized civil works project, the pre-construction notification must
include a statement confirming that the project proponent has submitted a written request
for section 408 permission from the Corps office having jurisdiction over that USACE
project.
(c) Form of Pre-Construction Notification: The standard individual permit application
form (Form ENG 4345) may be used, but the completed application form must clearly
NWP-2013-429-1 Page 14 of 23 Enclosure 2
indicate that it is an NWP PCN and must include all of the applicable information required
in paragraphs (b)(1) through (10) of this general condition. A letter containing the
required information may also be used. Applicants may provide electronic files of PCNs
and supporting materials if the district engineer has established tools and procedures for
electronic submittals.
(d) Agency Coordination:
(1) The district engineer will consider any comments from Federal and state agencies
concerning the proposed activity’s compliance with the terms and conditions of the NWPs
and the need for mitigation to reduce the activity’s adverse environmental effects so that
they are no more than minimal.
(2) Agency coordination is required for: (i) All NWP activities that require pre-
construction notification and result in the loss of greater than 1⁄2-acre of waters of the
United States; (ii) NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require
pre-construction notification and will result in the loss of greater than 300 linear feet of
stream bed; (iii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic
yard per running foot, or involve discharges of dredged or fill material into special aquatic
sites; and (iv) NWP 54 activities in excess of 500 linear feet, or that extend into the
waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary
high water mark in the Great Lakes.
(3) When agency coordination is required, the district engineer will immediately
provide (e.g., via email, facsimile transmission, overnight mail, or other expeditious
manner) a copy of the complete PCN to the appropriate Federal or state offices (FWS,
state natural resource or water quality agency, EPA, and, if appropriate, the NMFS). With
the exception of NWP 37, these agencies will have 10 calendar days from the date the
material is transmitted to notify the district engineer via telephone, facsimile transmission,
or email that they intend to provide substantive, site-specific comments. The comments
must explain why the agency believes the adverse environmental effects will be more
than minimal. If so contacted by an agency, the district engineer will wait an additional 15
calendar days before making a decision on the preconstruction notification. The district
engineer will fully consider agency comments received within the specified time frame
concerning the proposed activity’s compliance with the terms and conditions of the
NWPs, including the need for mitigation to ensure the net adverse environmental effects
of the proposed activity are no more than minimal. The district engineer will provide no
response to the resource agency, except as provided below. The district engineer will
indicate in the administrative record associated with each pre-construction notification that
the resource agencies’ concerns were considered. For NWP 37, the emergency
watershed protection and rehabilitation activity may proceed immediately in cases where
there is an unacceptable hazard to life or a significant loss of property or economic
hardship will occur. The district engineer will consider any comments received to decide
whether the NWP 37 authorization should be modified, suspended, or revoked in
accordance with the procedures at 33 CFR 330.5.
(4) In cases of where the prospective permittee is not a Federal agency, the district
engineer will provide a response to NMFS within 30 calendar days of receipt of any
Essential Fish Habitat conservation recommendations, as required by section
305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act.
NWP-2013-429-1 Page 15 of 23 Enclosure 2
(5) Applicants are encouraged to provide the Corps with either electronic files or
multiple copies of preconstruction notifications to expedite agency coordination.
C. District Engineer’s Decision
1. In reviewing the PCN for the proposed activity, the district engineer will determine
whether the activity authorized by the NWP will result in more than minimal individual or
cumulative adverse environmental effects or may be contrary to the public interest. If a
project proponent requests authorization by a specific NWP, the district engineer should
issue the NWP verification for that activity if it meets the terms and conditions of that
NWP, unless he or she determines, after considering mitigation, that the proposed activity
will result in more than minimal individual and cumulative adverse effects on the aquatic
environment and other aspects of the public interest and exercises discretionary authority
to require an individual permit for the proposed activity. For a linear project, this
determination will include an evaluation of the individual crossings of waters of the United
States to determine whether they individually satisfy the terms and conditions of the
NWP(s), as well as the cumulative effects caused by all of the crossings authorized by
NWP. If an applicant requests a waiver of the 300 linear foot limit on impacts to streams
or of an otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43,
44, 50, 51, 52, or 54, the district engineer will only grant the waiver upon a written
determination that the NWP activity will result in only minimal individual and cumulative
adverse environmental effects. For those NWPs that have a waivable 300 linear foot limit
for losses of intermittent and ephemeral stream bed and a 1⁄2-acre limit (i.e., NWPs 21,
29, 39, 40, 42, 43, 44, 50, 51, and 52), the loss of intermittent and ephemeral stream bed,
plus any other losses of jurisdictional waters and wetlands, cannot exceed 1⁄2- acre.
2. When making minimal adverse environmental effects determinations the district
engineer will consider the direct and indirect effects caused by the NWP activity. He or
she will also consider the cumulative adverse environmental effects caused by activities
authorized by NWP and whether those cumulative adverse environmental effects are no
more than minimal. The district engineer will also consider site specific factors, such as
the environmental setting in the vicinity of the NWP activity, the type of resource that will
be affected by the NWP activity, the functions provided by the aquatic resources that will
be affected by the NWP activity, the degree or magnitude to which the aquatic resources
perform those functions, the extent that aquatic resource functions will be lost as a result
of the NWP activity (e.g., partial or complete loss), the duration of the adverse effects
(temporary or permanent), the importance of the aquatic resource functions to the region
(e.g., watershed or ecoregion), and mitigation required by the district engineer. If an
appropriate functional or condition assessment method is available and practicable to
use, that assessment method may be used by the district engineer to assist in the
minimal adverse environmental effects determination. The district engineer may add
case-specific special conditions to the NWP authorization to address site-specific
environmental concerns.
3. If the proposed activity requires a PCN and will result in a loss of greater than 1⁄10-
acre of wetlands, the prospective permittee should submit a mitigation proposal with the
PCN. Applicants may also propose compensatory mitigation for NWP activities with
smaller impacts, or for impacts to other types of waters (e.g., streams). The district
engineer will consider any proposed compensatory mitigation or other mitigation
NWP-2013-429-1 Page 16 of 23 Enclosure 2
measures the applicant has included in the proposal in determining whether the net
adverse environmental effects of the proposed activity are no more than minimal. The
compensatory mitigation proposal may be either conceptual or detailed. If the district
engineer determines that the activity complies with the terms and conditions of the NWP
and that the adverse environmental effects are no more than minimal, after considering
mitigation, the district engineer will notify the permittee and include any activity-specific
conditions in the NWP verification the district engineer deems necessary. Conditions for
compensatory mitigation requirements must comply with the appropriate provisions at 33
CFR 332.3(k). The district engineer must approve the final mitigation plan before the
permittee commences work in waters of the United States, unless the district engineer
determines that prior approval of the final mitigation plan is not practicable or not
necessary to ensure timely completion of the required compensatory mitigation. If the
prospective permittee elects to submit a compensatory mitigation plan with the PCN, the
district engineer will expeditiously review the proposed compensatory mitigation plan.
The district engineer must review the proposed compensatory mitigation plan within 45
calendar days of receiving a complete PCN and determine whether the proposed
mitigation would ensure the NWP activity results in no more than minimal adverse
environmental effects. If the net adverse environmental effects of the NWP activity (after
consideration of the mitigation proposal) are determined by the district engineer to be no
more than minimal, the district engineer will provide a timely written response to the
applicant. The response will state that the NWP activity can proceed under the terms and
conditions of the NWP, including any activity-specific conditions added to the NWP
authorization by the district engineer.
4. If the district engineer determines that the adverse environmental effects of the
proposed activity are more than minimal, then the district engineer will notify the applicant
either: (a) That 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) that
the activity is authorized under the NWP subject to the applicant’s submission of a
mitigation plan that would reduce the adverse environmental effects so that they are no
more than minimal; or (c) that the activity is authorized under the NWP with specific
modifications or conditions. Where the district engineer determines that mitigation is
required to ensure no more than minimal adverse environmental effects, the activity will
be authorized within the 45-day PCN period (unless additional time is required to comply
with general conditions 18, 20, and/or 31, or to evaluate PCNs for activities authorized by
NWPs 21, 49, and 50), with activity-specific conditions that state the mitigation
requirements. The authorization will include the necessary conceptual or detailed
mitigation plan or a requirement that the applicant submit a mitigation plan that would
reduce the adverse environmental effects so that they are no more than minimal. When
compensatory mitigation is required, no work in waters of the United States may occur
until the district engineer has approved a specific mitigation plan or has determined that
prior approval of a final mitigation plan is not practicable or not necessary to ensure timely
completion of the required compensatory mitigation.
D. Further Information
1. District Engineers have authority to determine if an activity complies with the terms
and conditions of an NWP.
NWP-2013-429-1 Page 17 of 23 Enclosure 2
2. NWPs do not obviate the need to obtain other federal, state, or local permits,
approvals, or authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project
(see general condition 31).
E. Portland District Regional Conditions
Note: 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.
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
NWP-2013-429-1 Page 18 of 23 Enclosure 2
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-
NWP-2013-429-1 Page 19 of 23 Enclosure 2
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
NWP-2013-429-1 Page 20 of 23 Enclosure 2
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)
NWP-2013-429-1 Page 21 of 23 Enclosure 2
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
NWP-2013-429-1 Page 22 of 23 Enclosure 2
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.
F. Portland District NWP 13 Specific Conditions
Note: The following NWP 13 specific condition is for the State of Oregon. NWP-specific
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.
1. Pre-construction notification, when required, must include photo documentation of
the existing conditions at the proposed project site.
NWP-2013-429-1 Page 23 of 23 Enclosure 2
regonKate Brown, GovernorDepartment of Environmental QualityNorthwest Region Portland Office/Water Quality700 NE Multnomah Street, Suite 600Portland, OR 97232-4100(503) 229-5263FAX (503) 229-6957TTY711November 28, 2018Andrew NewburyCity of Tigard13125 SW Hall Blvd.Tigard, OR 97223RE: Nationwide 401 Water Quality Certification Approval for 2013-00429-1, Fanno Creek BankStabilization at Arthur CourtThe US Army Corps of Engineers (USAGE) has determined that your project will be authorized underNationwide Permit (NWP) category #13. As described in the application package received and reviewedby the Oregon Department of Environmental Quality (DEQ), the project qualifies for the NationwideSection 401 Water Quality Certification (WQC), subject to the conditions outlined below. If you cannotmeet all conditions of this 401 WQC, you may apply for a standard individual certification. A standardindividual certification will require additional information and higher fees will apply.Certification Decision: Based on information provided by USAGE and the Applicant, DEQ isreasonably assured that implementation-eligible activities under the proposed NWP will be consistentwith applicable provisions of Sections 301, 302, 303,306, and 307 of the federal Clean Water Act, statewater-quality standards set forth in Oregon Administrative Rules Chapter 340 Division 41, and otherappropriate requirements of state law, provided the following conditions are incorporated into the federalpermit and strictly adhered to by the Applicant.In addition to all USAGE national and regional permit conditions, the following 401 WQCconditions apply to all NWP categories that qualify for the Nationwide 401 WQC.401 GENERAL CERTIFICATION CONDITIONS1) Responsible parties: This 401 WQC applies to the Applicant. The Applicant is responsible forthe work of its contractors and sub-contractors, as well as any other entity that performs workrelated to this WQC,2) Work Authorized: Work authorized by this 401 WQC is limited to the work described in theApplication or Pre-Construction Notification submitted to the USAGE and additional applicationmaterials (hereafter "the permit application materials"), unless otherwise authorized by DEQ. Ifthe project is operated in a manner not consistent with the project description contained in thepermit application materials, the Applicant is not in compliance with this 401 WQC and may besubject to enforcement.3) A copy of this 401 WQC must be kept on the job site and readily available for reference byApplicant and its contractors, as well as by DEQ, USAGE, National Marine Fisheries ServiceNWP-2013-429-1Page 1 of 10Enclosure 3
Project Name: Fanno Creek Bank Stabilization at Arthur CourtProject Number: 2013-00429-1Page 2 of 10(NMFS), Oregon Department of Fish and Wildlife (ODFW), and other appropriate state and localgovernment officials.4) In accordance with OAR 340-048-0050, DEQ may modify or revoke this 401 WQC if projectactivities are having an adverse impact on state water quality or beneficial uses, or if the Applicantis otherwise in violation of the conditions of this certification.5) The Applicant and its contractors must allow DEQ access to the project site, staging areas, andmitigation sites to monitor compliance with these 401 WQC conditions, including:a. Access to any records, logs, and reports that must be kept under the conditions of this 401WQC;b. To inspect best management practices (BMPs), monitoring or operational equipment ormethods; andc. To collect samples or monitor any discharge of pollutants.6) Failure of any person or entity to comply with this Order may result in the issuance of civil penaltiesor other actions, whether administrative or judicial, to enforce its terms.7) Land Use Compatibility Statement: In accordance with OAR 340-048-0020(2) (i), eachApplicant must submit findings prepared by the local land use jurisdiction that demonstrates theactivity's compliance with the local comprehensive plan. Such findings can be submitted usingthe appropriate section of the USAGE & DSL Joint Permit Application, signed by the appropriatelocal official and indicating:a. "This project is consistent with the comprehensive plan and land use regulations;" or,b. "This project will be consistent with the comprehensive plan and land use regulationswhen the following local approvals are obtained," accompanied by the obtained localapprovals.c. Rarely, such as for federal projects on federal land, "this project is not regulated by thecomprehensive plan" will be acceptable.In lieu of submitting the appropriate section of the USAGE & DSL Joint Permit Application, theApplicant may use DEQ's Land Use Compatibility Statement form found at:http://www.oreflon.flov/deq/FilterDocs/lucs.pdfFOR PROJECTS THAT PROPOSE CONSTRUCTION. THE FOLLOWING GENERALCONDITIONS APPLY8) Erosion and Sediment Control: During construction, erosion and sediment control measuresmust be implemented to prevent or control movement of sediment, soil or pollutants into watersof the state. The Applicant is required to develop and implement an effective erosion and sedimentcontrol plan. Any project that disturbs more than one acre is required to obtain an NPDES1200-C construction stormwater permit from DEQ. In addition, the Applicant (or responsibleparty) must:a. Where practicable, use removable pads or mats to prevent soil compaction at allconstruction access points through, and staging areas in, riparian or wetland areas toprevent soil compaction.NWP-2013-429-1Page 2 of 10Enclosure 3
Project Name: Fanno Creek Bank Stabilization at Arthur CourtProject Number: 2013-00429-1Page 3 of 10b. Demarcate wetlands not specifically authorized to be impacted to protect from disturbanceand/or erosion.c. Place dredged or other excavated material on upland areas with stable slopes to preventmaterials from eroding back into waterways or wetlands. Place BMPs as necessary tostabilize and prevent erosion.9) Spill Prevention: The Applicant must fuel, operate, maintain and store vehicles, and must storeconstruction materials, in areas that will not impact water quality either directly or due to potentialdischarges.10) Spill & Incident Reporting:a. In the event that petroleum products, chemicals, or any other deleterious materials aredischarged into state waters, the discharge must be promptly reported to the OregonEmergency Response Service (OERS, 1-800-452-0311). Containment and cleanup mustbegin immediately and be completed as soon as practicable.b. If the project operations result in distressed or dying fish, the operator must immediately:cease operations; take appropriate corrective measures to prevent further environmentaldamage; and immediately notify DEQ and ODFW.11) Vegetation Protection and Site Restoration:a. The Applicant must protect riparian, wetland, and shoreline vegetation in the authorizedproject area from disturbance through one or more of the following:i. Minimization of project and impact footprint;ii. Designation of staging areas and access points in open, upland areas;iii. Fencing and other barriers demarking construction areas; andiv. Use of alternative equipment (e.g., spider hoe or crane).b. If authorized work results in any vegetative disturbance and the disturbance has not beenaccounted for in planned mitigation actions, the Applicant must successfully reestablishvegetation to a degree of function equivalent or better than before the disturbance.12) The Applicant shall avoid and protect from harm, all wetlands and riparian areas located within50 feet of USAGE jurisdictional waters, unless proposed, neccesary, and approved as part of theproject. If a local jurisdiction has a more stringent buffer requirement, that requirement willoverride this certification requirement.FOR PROJECTS THAT PROPOSE IN-STREAM WORK IN JURISDICTIONAL WATERS13) Fish protection/Oregon Department of Fish and Wildlife timing: The Applicant must performin-water work only within the Oregon Department of Fish and Wildlife preferred time window asspecified in the Oregon Guidelines for Timing ofln-Water Work to Protect Fish and WildlifeResources, or as authorized otherwise under a USAGE permit and/or Department of State Landsremoval/fill permit. Exceptions to the timing window must be recommended by OregonDepartment of Fish and Wildlife, the National Marine Fisheries Services and/orthe US Fish andWildlife as appropriate.14) Aquatic life movements: Any activity that may disrupt the movement of aquatic life living in thewater body, including those species that normally migrate through the area, is prohibited. TheNWP-2013-429-1Page 3 of 10Enclosure 3
Project Name: Fanno Creek Bank Stabilization at Arthur CourtProject Number: 2013-00429-1Page 4 of 10Applicant must provide unobstructed fish passage at all times during any authorized activity,unless otherwise approved in the approved application.15) Turbidity: The Applicant must implement appropriate Best Management Practices (BMPs) tominimize turbidity during in-water work. Any activity that causes turbidity to exceed 10% abovenatural stream turbidity is prohibited except as specifically provided below:a. Monitoring: Turbidity monitoring must be conducted and recorded as describedbelow. Monitoring must occur at two hour intervals each day during daylight hourswhen in-water work is being conducted. A properly calibrated turbidimeter is requiredunless another monitoring method is proposed and authorized by DEQ.i. Representative Backflround Point: The Applicant must take and record a turbiditymeasurement every two hours during in-water work at an undisturbed area. Abackground location shall be established at a representative locationapproximately 100 feet upcurrent of the in water activity unless otherwiseauthorized by DEQ. The background turbidity, location, date, tidal stage (ifapplicable) and time must be recorded immediately prior to monitoringdowncurrent at the compliance point described below.ii. Compliance Point: The must monitor every two hours. A compliance locationshall be established at a representative location approximately 100 feetdowncurrent from the disturbance at approximately mid-depth of the waterbodyand within any visible plume. The turbidity, location, date, tidal stage (if applicable)and time must be recorded for each measurement.b. Compliance: The Applicant must compare turbidity monitoring results from thecompliance points to the representative background levels taken during each two -hour monitoring interval. Pursuant to OAR 340-041-0036, short term exceedances ofthe turbidity water quality standard are allowed as follows:MONITORING WITH A TURBIDIMETER EVERY 2 HOURSTURBIDITY LEVEL0 to 4 NTU above background5 to 29 NTU above background30 to 49 NTU above background50 NTU or more above backgroundRestrictions to Duration of ActivityNo RestrictionsWork may continue maximum of 4 hours. Ifturbidity remains 5-29 NTU above background,stop work and modify BMPs. Work may resume_when NTU is 0-5 above background.Work may continue maximum of 2 hours. Ifturbidity remains 30-49 NTU above background,stop work and modify BMPs. Work may resumewhen NTU is 0-5 above background.Stop work immediately and inform DEQc. Reporting: The Applicant must record all turbidity monitoring required bysubsections (a) and (b) above in daily logs. The daily logs must include calibrationdocumentation; background NTUs; compliance point NTUs; comparison of the pointsin NTUs; location; date; time; and tidal stage (if applicable) for each reading.NWP-2013-429-1Page 4 of 10Enclosure 3
Project Name: Fanno Creek Bank Stabilization at Arthur CourtProject Number: 2013-00429-1Page 5 of 10Additionally, a narrative must be prepared discussing all exceedances withsubsequent monitoring, actions taken, and the effectiveness of the actions. Applicantmust make available copies of daily logs for turbidity monitoring to DEQ, USAGE,NMFS, USFWS, and ODFW upon request.d. BMPs to Minimize In-stream Turbidity: The Applicant must implement the followingBMPs, unless otherwise accepted by DEQ:i. Sequence/Phasing of Work - The Applicant must schedule work activities so as tominimize in-water disturbance and duration of in-water disturbances;ii. Bucket control - All in-stream digging passes by excavation machinery andplacement of fill in-stream using a bucket must be completed so as to minimizeturbidity. All practicable techniques such as employing an experienced equipmentoperator, not dumping partial or full buckets of material back into the wettedstream, adjusting the volume, speed, or both of the load, or using a closed-lippedenvironmental bucket must be implemented;iii. The Applicant must limit the number and location of stream-crossing events.Establish temporary crossing sites as necessary in the least sensitive areas andamend these crossing sites with clean gravel or other temporary methods asappropriate;jv. Machinery may not be driven into the flowing channel, unless authorized by DEQ;andv. Excavated material must be placed so that it is isolated from the water edge orwetlands, and not placed where it could re-enter waters of the state uncontrolled.FOR PROJECTS THAT INCLUDE NEW IMPERVIOUS SURFACES OR REDEVELOPMENTOF EXISTING SURFACES, THE FOLLOWING CONDITIONS APPLY16) Post-Construction Stormwater Management: For projects which propose new impervioussurfaces or the redevelopment of existing surfaces, the Applicant must submit a post-construction stormwater management plan to DEQ for review and approval prior to construction,in order to ensure compliance with water quality standards. The Applicant must implement BMPsas proposed in the stormwater management plan, including operation and maintenance. Ifproposed stormwater facilities change due to site conditions, the Applicant must notify DEQ.In lieu of a complete stormwater management plan, the Applicant may submit documentation ofacceptance of the stormwater into a DEQ permitted National Pollutant Discharge EliminationSystem (NPDES) Phase I Municipal Separate Storm Sewer System (MS4).17) Stormwater Management & System Maintenance: The Applicant is required to implementeffective operation and maintenance practices for the lifetime of the proposed facility.CATEGORY-SPECIFIC CONDITIONSIn addition to all national and regional conditions of the USAGE permit and the 401 Water QualityCertification general conditions above, the following conditions apply to the noted specificcategories of authorized activities.NWP-2013-429-1Page 5 of 10Enclosure 3
Project Name: Fanno Creek Bank Stabilization at Arthur CourtProject Number: 2013-00429-1Page 6 of 10NWP 7 - Outfall Structures and Associated Intake Structures:7.1) The following actions are denied certification:a. Discharge outfalls that are not subject to an NPDES permit; andb. Outfalls that discharge stormwater without pollutant removal demonstrated to meet water-quality standards prior to discharge to waters of the state.7.2) If an Applicant cannot obtain an NPDES permit or submit an approvable stormwatermanagement plan per DEQ's Guidelines found at:http://www.oreflon.aov/dea/FilterDocs/401wacertPostCon.pdf the Applicant must submitcomplete project information and water quality impacts analysis directly to DEQ in order toundergo individual 401 WQC evaluation and fulfill public participation requirements.NWP 12-Utility Lines:12.1) For proposals that include directionally-bored stream or wetland crossings:a. All drilling equipment, drill recovery and recycling pits, and any waste or spoil produced,must be completely isolated, recovered, then recycled or disposed of to prevent entry intowaters of the state.b. In the event that drilling fluids enter a water of the state, the equipment operator muststop work, immediately initiate containment measures and report the spill to the OregonEmergency Response System (OERS) at 800-452-0311.c. An adequate supply of materials needed to control erosion and to contain drilling fluidsmust be maintained at the project construction site and deployed as necessary.d. The Applicant must have a contingency plan in place prior to construction for theinadvertent return of drilling lubricant.12.2) For proposals that include utility lines through wetlands, include anti-seep collars or equivalenttechnology to prevent draining the wetlands.NWP 13 - Bank Stabilization:13.1) Projects that do not include bioengineering are denied certification, unless a registeredprofessional engineer provides a written statement that non-bioengineered solutions arethe only means of protection.13.2) To apply for certification for a project without bioengineering, the Applicant must submitcomplete project information and water quality impacts analysis directly to DEQ in orderto undergo individual 401 WQC evaluation and fulfill public participation requirements.NWP 14 - Linear Transportation:NWP-2013-429-1Page 6 of 10Enclosure 3
Project Name: Fanno Creek Bank Stabilization at Arthur CourtProject Number: 2013-00429-1Page 7 of 1014.1) For projects that include bank stabilization, bioengineering must be a component of theproject, unless a registered professional engineer provides a written statement that non-bioengineered solutions are the only means to protect an existing structure.14.2) To apply for certification for a project without bioengineering, the Applicant must submit completeproject information and water quality impacts analysis directly to DEQ in order to undergoindividual 401 WQC evaluation and fulfill public participation requirements.NWP 16 - Return Water from Contained Upland Disposal Areas: Water-quality criteria and guidancevalues for toxics, per OAR 340-041-0033, are available in Tables 30, 31, and 40 at:http://www.orec)on.qov/deq/Rulemakinq%2QDocs/tables303140.pdf.16.1) Discharge of return water from contaminated dredged material that exceeds a chronic or acutetoxicity water quality standard is prohibited.16.2) Water removed with contaminated dredged material that could or does exceed chronic water-quality criteria must be contained and disposed of at an appropriately sized and sealed uplandfacility by evaporation or infiltration.16.3) If a Modified Elutriate Test (MET) is performed for the known contaminants of concern (CoCs)and CoC concentrations are below DEQ chronic water-quality criteria, return water discharge isnot limited.a. The MET must be performed before dredging.b. DEQ must approve the list of CoCs and analytical method prior to the Applicantperforming the MET.c. DEQ must review the results and provide approval of discharge from return water, inwriting, prior to dredging.NWP 20 - Response Operations for Oil and Hazardous Waste:20.1) Coordination with DEQ's Emergency Response program is required. See:http://www.orecion.aov/deQ/Hazards-and-Cleanup/env-cleanup/Pac)es/Emerciency-Response.aspx.NWP 22 - Removal of Vessels:22.1) Coordination with DEQ's Emergency Response program is required. See:http://www.orecion.qov/deq/l-lazards-and-Cleanup/env-cleanup/PaQes/Emerflencv-Response.aspx.NWP 31 - Maintenance of Existing Flood Control Facilities:31.1) Projects in streams with temperature TMDLs which result in a net reduction of riparian shade areprohibited.NWP 38 - Cleanup of Hazardous and Toxic Waste:NWP-2013-429-1Page 7 of 10Enclosure 3
Project Name: Fanno Creek Bank Stabilization at Arthur CourtProject Number: 2013-00429-1Page 8 of 1038.1) For removal of contaminated material from waters, dredging method is limited to diverassisted hydraulic suction, hydraulic suction, closed-lipped environmental bucket, orexcavation in the dry, unless otherwise authorized by DEQ.a. For in-water isolation measures, the Applicant is referred to Appendix D of DEQ's OregonErosion and Sediment Control Manual, April 2005 (or most current version), at:http://www.dea.state.or.us/wQ/stormwater/docs/escmanual/appxd.pdf.38.2) Discharge to waters of the state resulting from dewatering during dredging or release of returnwater from an upland facility is prohibited except as provided below.a. All water removed with sediment must be contained and disposed of at an appropriatelysized and sealed upland facility by evaporation or infiltration; or,b. A Modified Elutriate Test (MET) may be performed for the known Contaminants ofConcern (CoCs) and if CoC concentrations are below DEQ chronic water-quality criteria;return water discharge is not limited.i. The MET must be performed before dredging.ii. DEQ must approve the list of CoCs and analytical method prior to the Applicantperforming the MET.iii. DEQ must review the results and provide approval of discharge from dewateringand return water in writing prior to dredging.38.3) Dredged material must be disposed of in compliance with DEQ Rules governingHazardous Waste (see: http://www.oreflon.flov/deq/Hazards-and-Cleanup/hw/Pages/default.aspx) or Solid Waste (see:httD://www.oreaon.aov/dea/mm/swpermits/Pages/Solid-Waste-Disposal-Sites-and-Landfill.aspx).38.4) The new in-water surface must be managed to prevent exposure or mobilization ofcontaminants.NWP 41 - Reshaping Existing Drainage Ditches:41.1) To the extent practicable, the Applicant must work from only one bank in order to minimizedisturbance to existing vegetation, preferably the bank with the least existing vegetation;41.2) Following authorized work, the Applicant must establish in-stream and riparian vegetation onreshaped channels and side-channels using native plant species wherever practicable.Plantings must be targeted to address water-quality improvement (e.g., provide shade to water toreduce temperature or provide bank stability through root systems to limit sediment inputs).Planting options may include clustering orvegetating only one side of a channel, preferably theside which provides maximum shade.NWP 42 - Recreational Facilities:42.1) For facilities that include turf maintenance actions, the Applicant must develop and implement anIntegrated Pest Management Plan (IPM) that describes pest prevention, monitoring and controltechniques with a focus on prevention of chemical and nutrient inputs to waters of the state,including maintenance of adequate buffers for pesticide application near salmonid streams, orNWP-2013-429-1Page 8 of 10Enclosure 3
Project Name: Fanno Creek Bank Stabilization at Arthur CourtProject Number: 2013-00429-1Page 9 of 10coverage under an NPDES permit, if required (information is available at:http://www.oreflon.c)ov/deq/wq/wapermits/Pacies/Pesticide.aspx).NWP 43 - Stormwater Management Facilities:43.1) Projects that propose the following elements are denied certification:a. In-stream or wetland stormwater facilities;b. Discharge outfalls not subject to an NPDES permit; and,c. Proposals that do not demonstrate pollutant removal to meet water-quality standards priorto discharge to waters of the state.43.2) To apply for certification for a project with in-stream stormwater facilities, without an NPDESpermit, or without submittal of an approvable stormwater management plan per DEQ'sGuidelines (at: http://www.oreflon.c)ov/deq/FilterDocs/401wqcertPostCon.pdf), the Applicant mustsubmit complete project information and water quality impacts analysis directly to DEQ in orderto undergo individual 401 WQC evaluation and fulfill public participation requirements.NWP 44 - Mining Activities:44.1) Projects that do not obtain an NPDES 700-PM or Individual permit are denied certification.44.2) To apply for certification for a project without an NPDES permit, the Applicant must submitcomplete project information and water quality impacts analysis directly to DEQ in order toundergo individual 401 WQC evaluation and fulfill public participation requirements.NWP 51 - Land-Based Renewable Energy Generation Facilities:51.1) For associated utility lines with directionally-bored stream or wetland crossings proposed,condition 12.1 must be applied.NWP 54 - Living Shorelines54.1) Projects that do not include bioengineering are denied certification, unless a registeredprofessional engineer provides a written statement that non-bioengineered solutions arethe only means of protection.If the Applicant is dissatisfied with the conditions contained in this certification, a hearing may berequested. Such request must be made in writing to DEQ's Office of Compliance and Enforcement at700 NE Multnomah St, Suite 600, Portland Oregon 97232, within 20 days of the mailing of thiscertification.The DEQ hereby certifies that this project complies with the Clean Water Act and state rules, with theabove conditions. If you have any questions, please contact Dan DeFehr at 503-229-5395, by email atDefehr.Daniel@deq.state.or.us, or at the address on this letterhead.Sincerely, ^ s /. ^ ^.Steve Mrazik,NWP-2013-429-1Page 9 of 10Enclosure 3
Project Name: Fanno Creek Bank Stabilization at Arthur CourtProject Number: 2013-00429-1Page 10 of 10Water Quality ManagerNorthwest Regionec: Andrew Newbury (andrewN@tJaard-or.qov)Daniel Schall (daniel.schall@woodplc.com)Carrie Bond (carrie.1.bond@usace.army.mil)10NWP-2013-429-1Page 10 of 10Enclosure 3
Endangered Species Act - Section 7 Programmatic
Consultation
Conference and Biological
Opinion and
Magnuson-Stevens Fishery Conservation
and
Management Act
Essential Fish Habitat
Consultation
For
Revised Standard Local Operating Procedures for Endangered Species to Administer
Maintenance or Improvement of Stormwater, Transportation, and Utility Actions
Authorized or Carried Out by the U.S. Army Corps of Engineers in Oregon
(SLOPES for Stormwater, Transportation or Utilities)
NMFS Consultation No. NWR-2013-10411
Action Agency: U.S. Army Corps of Engineers
Portland District, Operations and Regulatory Branches
Affected Species and Determinations:
ESA-Listed Species
ESA
Statu
s
Is the action
likely to
adversely
affect this
species or
its critical
habitat?
Is the
action
likely to
jeopardiz
e this
species?
Is the action
likely to destroy
or adversely
modify critical
habitat for this
species?
Lower Columbia River Chinook salmon T Yes No No
Upper Willamette River Chinook salmon T Yes No No
Upper Columbia River spring-run Chinook salmon E Yes No No
Snake River spring/summer run Chinook salmon T Yes No No
Snake River fall-run Chinook salmon T Yes No No
Columbia River chum salmon T Yes No No
Lower Columbia River Coho salmon T Yes No No*
Oregon Coast Coho salmon T Yes No No
Southern Oregon/Northern California coasts Coho
T Yes No No
Snake River sockeye salmon E Yes No No
Lower Columbia River steelhead T Yes No No
Upper Willamette River steelhead T Yes No No
Middle Columbia River steelhead T Yes No No
Upper Columbia River steelhead T Yes No No
Snake River Basin steelhead T Yes No No
Southern green sturgeon T Yes No No
Eulachon T Yes No No
Southern resident killer whale T No No N/A
NWP-2013-429-1 Page 1 of 37 Enclosure 4
*Critical habitat has been proposed for LCR Coho salmon.
Fishery Management Plan that
Describes
Would the action
adversely affect
Are EFH conservation
recommendations
Coastal Pelagic Species Yes Yes
Pacific Coast Groundfish Yes Yes
Pacific Coast Salmon Yes Yes
Consultation
Conducted By: National Marine Fisheries Service
West Coast Region
Issued by:
Date Issued: March 14, 2014
NWP-2013-429-1 Page 2 of 37 Enclosure 4
Excerpt from SLOPES for Stormwater, Transportation, or Utilities
General Construction March 14, 2014
Natural hazard response to complete an unplanned, immediate, or short-term
repair of a stormwater facility, road, culvert, bridge, or utility line without federal assistance.
These include in-water repairs that must be made before the next in-water work period to
resolve critical conditions that, unless corrected, are likely to cause loss of human life,
unacceptable loss of property, or natural resources. Natural hazards may include, but are not
limited to, a flood that causes scour erosion and significantly weakens the foundation of a
road or bridge; culvert failure due to blockage by fluvial debris, overtopping, or crushing; and
ground saturation that causes a debris slide, earth flow, or rock fall to cover a road. This
category of actions is only included to the extent that they require Corps permits or are
undertaken by the Corps, but otherwise do not require federal authorization, funding, or
federal agency involvement.. The response will include an assessment of its effects to listed
species and critical habitats and a plan to bring the response into conformance with all other
applicable PDC in this opinion, including compensatory mitigation based on the baseline
conditions prior to the natural hazard.
Streambank and channel stabilization to ensure that roads, culverts, bridges and
utility lines do not become hazardous due to the long-term effects of toe erosion, scour,
subsurface entrainment, or mass failure. This action includes installation and maintenance of
scour protection, such as at a footing, facing, or headwall, to prevent scouring or down-
cutting of an existing culvert, road foundation, or bridge support. It does not include scour
protection for bridge approach fills. Proposed streambank stabilization methods include
alluvium placement, vegetated riprap with large wood (LW), log or roughened rock toe,
woody plantings, herbaceous cover, deformable soil reinforcement, coir logs, bank reshaping
and slope grading, floodplain flow spreaders, floodplain roughness, and engineered log jams
(ELJs), alone or in combination. Any action that requires additional excavation or structural
changes to a road, culvert, or bridge foundation is covered under road, culvert and bridge
maintenance, rehabilitation, and replacement.
Road surface, culvert and bridge maintenance, rehabilitation and
replacement. Maintenance, rehabilitation, and replacement to ensure that roads, culverts
and bridges remain safe and reliable for their intended use without impairing fish passage, to
extend their service life, and to withdraw temporary access roads from service in a way that
promotes watershed restoration when their usefulness has ended. This includes actions
necessary to complete geotechnical surveys, such as access road construction, drill pad
preparation, mobilization and set up, drilling and sampling operations, demobilization, boring
abandonment, and access road and drill pad reclamation. It also includes, excavation,
grading, and filling necessary to maintain, rehabilitate, or replace existing roads, culverts, and
bridges. This type of action does not include significant channel realignment, installation of
fish passage (e.g., fish ladders, juvenile fish bypasses, culvert baffles, roughened chutes,
step weirs), tidegate maintenance or replacements other than full removal, construction of
new permanent roads within the riparian zone that are not a bridge approach, or construction
of a new bridge where a culvert or other road stream crossing did not previously exist, or any
project which will result in or contribute to other land use changes that trigger effects,
including indirect effects not considered in this opinion.
NWP-2013-429-1 Page 3 of 37 Enclosure 4
Stormwater facilities and utility line stream crossings to install, maintain,
rehabilitate, or replace stormwater facilities, or pipes or pipelines used to transport gas or
liquids, including new or upgraded stormwater outfalls, and cables, or lines or wires used to
transmit electricity or communication. Construction, maintenance or improvement of
stormwater facilities include surveys, access road construction, excavation, grading, and
filling necessary to maintain, rehabilitate, or replace existing stormwater treatment or flow
control best management practices (BMPs). Utility line actions involve excavation, temporary
side casting of excavated material, backfilling of the trench, and restoration of the work site to
preconstruction contours and vegetation. This type of action does not include construction or
enlargement of gas, sewer, or water lines to support a new or expanded service area for
which effects, including indirect effects from interrelated or interdependent activities, have not
been analyzed in this opinion. This opinion also does not include construction of any line that
transits the bed of an estuary or saltwater area at depths less than -10.0 feet (mean lower
low water).
1.3.1.2 Project Design Criteria - General Construction Measures
13. Project Design
a. Use the best available scientific information regarding the likely impacts
of climate change on resources in the project area to design the project so that it will
be resilient to those impacts, including projections of local stream flow, water
temperature, and extreme events.
b. Assess whether the project area is contaminated by chemical
substances that may cause harm if released by the project. The assessment will be
commensurate with site history and may include the following:
i. Review available records, e.g., the history of existing structures
and contamination events.
ii. If the project area was used for industrial processes, inspect to
determine the environmental condition of the property.
iii. Interview people who are knowledgeable about the site, e.g., site
owners, operators, and occupants, neighbors, or local government officials.
iv. If contamination is found or suspected, consult with a suitably
qualified and experienced contamination professional and NMFS before
carrying out ground disturbing activities.
c. Obtain all applicable regulatory permits and authorizations before
starting construction.
d. Minimize the extent and duration of earthwork, e.g., compacting,
dredging, drilling, excavation, and filling.
14. In-Water Work Timing
a. Unless the in-water work is part of a natural hazard response, complete all
work within the wetted channel during dates listed in the most recent version of Oregon In-
water Work Guidelines (ODFW 2008), except that that in-water work in the Willamette
River below Willamette Falls is not approved between December 1 and January 31.
b. Hydraulic and topographic measurements and placement of LW or
gravel may be completed anytime, provided the affected area is not occupied by adult
fish congregating for spawning, or redds containing eggs or pre-emergent alevins.
NWP-2013-429-1 Page 4 of 37 Enclosure 4
15. Pile Installation. Pile may be concrete, or steel round pile 24 inches in diameter or
smaller, steel H-pile designated as HP24 or smaller, or wood that has not been treated with
preservatives or pesticides. Any proposal to use treated wood pilings is not covered by this
consultation and will require individual consultation.
a. NMFS will review and approve pile installation plans.
b. When practical, use a vibratory hammer for in-water pile installation. In
the lower Columbia River only a vibratory hammer may be used in October.
c. Jetting may be used to install pile in areas with coarse, uncontaminated
sediments that meet criteria for unconfined in-water disposal (USACE Northwest
Division 2009).
d. When using an impact hammer to drive or proof a steel pile, one of the
following sound attenuation methods will be used:
i. Completely isolate the pile from flowing water by dewatering the
area around the pile.
ii. If water velocity is 1.6 feet per second or less, surround the pile
being driven by a confined or unconfined bubble curtain that will distribute small
air bubbles around 100% of the pile perimeter for the full depth of the water
column. See, e.g., NMFS and USFWS (2006), Wursig et al. (2000), and
Longmuir and Lively (2001).
iii. If water velocity is greater than 1.6 feet per second, surround the
pile being driven with a confined bubble curtain (e.g., surrounded by a fabric or
non-metallic sleeve) that will distribute air bubbles around 100% of the pile
perimeter for the full depth of the water column.
iv. Provide NMFS information regarding the timing of in-water work,
the number of impact hammer strikes per pile and the estimated time required
to drive piles, hours per day pile driving will occur, depth of water, and type of
substrate, hydroacoustic assumptions, and the pile type, diameter, and spacing
of the piles.
16. Pile Removal. The following steps will be used to minimize creosote release,
sediment disturbance and total suspended solids:
a. Install a floating surface boom to capture floating surface debris.
b. Keep all equipment (e.g., bucket, steel cable, vibratory hammer) out of
the water, grip piles above the waterline, and complete all work during low water and
low current conditions.
c. Dislodge the pile with a vibratory hammer, when possible; never
intentionally break a pile by twisting or bending.
d. Slowly lift the pile from the sediment and through the water column.
e. Place the pile in a containment basin on a barge deck, pier, or shoreline
without attempting to clean or remove any adhering sediment. A containment basin for
the removed piles and any adhering sediment may be constructed of durable plastic
sheeting with sidewalls supported by hay bales or another support structure to contain
all sediment and return flow which may otherwise be directed back to the waterway.
f. Fill the hole left by each pile with clean, native sediments immediately
after removal.
g. Dispose of all removed piles, floating surface debris, any sediment
spilled on work surfaces, and all containment supplies at a permitted upland disposal
site.
NWP-2013-429-1 Page 5 of 37 Enclosure 4
17. Broken or Intractable Pile. If a pile breaks above the surface of uncontaminated
sediment, or less than 2 feet below the surface, make every attempt short of excavation to
remove it entirely. If the pile cannot be removed without excavation, drive the pile deeper if
possible.
a. If a pile in contaminated sediment is intractable or breaks above the
surface, cut the pile or stump off at the sediment line.
b. If a pile breaks within contaminated sediment, make no further effort to
remove it and cover the hole with a cap of clean substrate appropriate for the site.
c. If dredging is likely where broken piles are buried, use a global
positioning system (GPS) device to note the location of all broken piles for future use
in site debris characterization.
18. Fish Capture and Release
a. If practicable, allow listed fish species to migrate out of the work area or
remove fish before dewatering; otherwise remove fish from an exclusion area as it is
slowly dewatered with methods such as hand or dip-nets, seining, or trapping with
minnow traps (or gee-minnow traps).
b. Fish capture will be supervised by a qualified fisheries biologist, with
experience in work area isolation and competent to ensure the safe handling of all
fish.
c. Conduct fish capture activities during periods of the day with the coolest
air and water temperatures possible, normally early in the morning to minimize stress
and injury of species present.
d. Monitor the nets frequently enough to ensure they stay secured to the
banks and free of organic accumulation.
e. Electrofishing will be used during the coolest time of day, only after other
means of fish capture are determined to be not feasible or ineffective.
i. Do not electrofish when the water appears turbid, e.g., when
objects are not visible at depth of 12 inches.
ii. Do not intentionally contact fish with the anode.
iii. Follow NMFS (2000) electrofishing guidelines, including use of
only direct current (DC) or pulsed direct current within the following ranges:11
11 National Marine Fisheries Service. 2000. Guidelines for electrofishing waters containing Salmonid listed under the Endangered Species
Act. Portland, Oregon and Santa Rose, California
http://swr.nmfs.noaa.gov/sr/Electrofishing_Guidelines.pdf
1. If conductivity is less than 100 µs, use 900 to 1100 volts.
2. If conductivity is between 100 and 300 µs, use 500 to 800 volts.
3. If conductivity greater than 300 µs, use less than 400 volts.
iv. Begin electrofishing with a minimum pulse width and
recommended voltage, then gradually increase to the point where fish are
immobilized.
v. Immediately discontinue electrofishing if fish are killed or injured,
i.e., dark bands visible on the body, spinal deformations, significant de-scaling,
torpid or inability to maintain upright attitude after sufficient recovery time.
Recheck machine settings, water temperature and conductivity, and adjust or
postpone procedures as necessary to reduce injuries.
NWP-2013-429-1 Page 6 of 37 Enclosure 4
f. If buckets are used to transport fish:
i. Minimize the time fish are in a transport bucket.
ii. Keep buckets in shaded areas or, if no shade is available,
covered by a canopy.
iii. Limit the number of fish within a bucket; fish will be of relatively
comparable size to minimize predation.
iv. Use aerators or replace the water in the buckets at least every 15
minutes with cold clear water.
v. Release fish in an area upstream with adequate cover and flow
refuge; downstream is acceptable provided the release site is below the
influence of construction.
vi. Be careful to avoid mortality counting errors.
g. Monitor and record fish presence, handling, and injury during all phases
of fish capture and submit a fish salvage report (Appendix A, Part 1 with Part 3
completed) to the Corps and the SLOPES mailbox (slopes.nwr@noaa.gov) within 60
days.
19. Fish Passage
a. Provide fish passage for any adult or juvenile ESA-listed fish likely to be
present in the action area during construction, unless passage did not exist before
construction or the stream is naturally impassable at the time of construction.
b. After construction, provide fish passage for any adult or juvenile ESA-listed
fish that meets NMFS’s fish passage criteria (NMFS 2011a) for the life of the action.
20. Fish Screens
a. Submit to NMFS for review and approval fish screen designs for surface
water diverted by gravity or by pumping at a rate that exceeds 3 cubic feet per second (cfs).
b. All other diversions will have a fish screen that meets the following specifications:
i. An automated cleaning device with a minimum effective surface
area of 2.5 square feet per cubic foot per second, and a nominal maximum
approach velocity of 0.4 feet per second, or no automated cleaning device, a
minimum effective surface area of 1 square foot per cubic foot per second, and
a nominal maximum approach rate of 0.2 foot per second; and
ii. A round or square screen mesh that is no larger than 2.38
millimeters (mm) (0.094”) in the narrow dimension, or any other shape that is
no larger than 1.75 mm (0.069”) in the narrow dimension.
c. Each fish screen will be installed, operated, and maintained according to
NMFS’s fish screen criteria.
21. Surface Water Withdrawal
a. Surface water may be diverted to meet construction needs, including
dust abatement, only if water from developed sources (e.g., municipal supplies, small
ponds, reservoirs, or tank trucks) are unavailable or inadequate; and
b. Diversions may not exceed 10% of the available flow and will have a
juvenile fish exclusion device that is consistent with NMFS’s criteria (NMFS 2011a).12
12 National Marine Fisheries Service 2011. Anadromous Salmonid passage facility design. Northwest Region.
http://www.nwr.noaa.gov/publications/hydropower/ferc/fish-passage-design.pdf
NWP-2013-429-1 Page 7 of 37 Enclosure 4
22. Construction Discharge Water. Treat all discharge water using best management
practices to remove debris, sediment, petroleum products, and any other pollutants likely to
be present (e.g., green concrete, contaminated water, silt, welding slag, sandblasting
abrasive, grout cured less than 24 hours, drilling fluids), to avoid or minimize pollutants
discharged to any perennial or intermittent water body. Pump seepage water from the de-
watered work area to a temporary storage and treatment site or into upland areas and allow
water to filter through vegetation prior to reentering the stream channel. Treat water used to
cure concrete until pH stabilizes to background levels.
23. Temporary Access Roads and Paths
a. Whenever reasonable, use existing access roads and paths
preferentially.
b. Minimize the number and length of temporary access roads and paths
through riparian areas and floodplains.
c. Minimize removal of riparian vegetation.
d. When it is necessary to remove vegetation, cut at ground level (no grubbing).
e. Do not build temporary access roads or paths where grade, soil, or other
features suggest slope instability.
f. Any road on a slope steeper than 30% will be designed by a civil
engineer with experience in steep road design.
g. After construction is complete, obliterate all temporary access roads and
paths, stabilize the soil, and revegetate the area.
h. Temporary roads and paths in wet areas or areas prone to flooding will
be obliterated by the end of the in-water work window. Decompact road surfaces and
drainage areas, pull fill material onto the running surface, and reshape to match the
original contours.
24. Temporary Stream Crossings
a. No stream crossing may occur at active spawning sites, when holding
adult listed fish are present, or when eggs or alevins are in the gravel.
b. Do not place temporary crossings in areas that may increase the risk of
channel re-routing or avulsion, or in potential spawning habitat, e.g., pools and pool tailouts.
c. Minimize the number of temporary stream crossings; use existing stream
crossings whenever reasonable.
d. Install temporary bridges and culverts to allow for equipment and vehicle
crossing over perennial streams during construction.
e. Wherever possible, vehicles and machinery will cross streams at right
angles to the main channel.
f. Equipment and vehicles may cross the stream in the wet only where the
streambed is bedrock, or where mats or off-site logs are placed in the stream and
used as a crossing.
g. Obliterate all temporary stream crossings as soon as they are no longer
needed, and restore any damage to affected stream banks or channel.
NWP-2013-429-1 Page 8 of 37 Enclosure 4
25. Equipment, Vehicles and Power Tools
a. Select, operate and maintain all heavy equipment, vehicles, and power
tools to minimize adverse effects on the environment, e.g., low pressure tires, minimal
hard-turn paths for track vehicles, use of temporary mats or plates to protect wet soils.
b. Before entering wetlands or working within 150 feet of a water body:
i. Power wash all heavy equipment, vehicles and power tools, allow
them to fully dry, and inspect them for fluid leaks, and to make certain no
plants, soil, or other organic material are adhering to the surface.
ii. Replace petroleum-based hydraulic fluids with biodegradable
products 13 in hydraulic equipment, vehicles, and power tools.
c. Repeat cleaning as often as necessary during operation to keep all
equipment, vehicles, and power tools free of external fluids and grease, and to prevent
a leak or spill from entering the water.
d. Avoid use of heavy equipment, vehicles or power tools below ordinary high
water (OHW ) unless project specialists determine such work is necessary, or would result
in less risk of sedimentation or other ecological damage than work above that elevation.
e. Before entering the water, inspect any watercraft, waders, boots, or other
gear to be used in or near water and remove any plants, soil, or other organic material
adhering to the surface.
f. Ensure that any generator, crane or other stationary heavy equipment
that is operated, maintained, or stored within 150 feet of any water body is also
protected as necessary to prevent any leak or spill from entering the water.
26. Site Layout and Flagging
a. Before any significant ground disturbance or entry of mechanized
equipment or vehicles into the construction area, clearly mark with flagging or survey
marking paint the following areas:
i. Sensitive areas, e.g., wetlands, water bodies, OHW , spawning areas.
ii. Equipment entry and exit points.
iii. Road and stream crossing alignments.
iv. Staging, storage, and stockpile areas.
b. Before the use of herbicides, clearly flag no-application buffer zones.
27. Staging, Storage, and Stockpile Areas
a. Designate and use staging areas to store hazardous materials, or to
store, fuel, or service heavy equipment, vehicles and other power equipment with
tanks larger than 5 gallons, that are at least 150 feet from any natural water body or
wetland, or on an established paved area, such that sediment and other contaminants
from the staging area cannot be deposited in the floodplain or stream.
b. Natural materials that are displaced by construction and reserved for restoration,
e.g., LW , gravel, and boulders, may be stockpiled within the 100-year floodplain.
c. Dispose of any material not used in restoration and not native to the
floodplain outside of the functional floodplain.
13 For additional information and suppliers of biodegradable hydraulic fluids, motor oil, lubricant, or grease, see, Environmentally Acceptable
Lubricants by the U.S. EPA (2011a); e.g., mineral oil, polyglycol, vegetable oil, synthetic ester; Mobil® biodegradable hydraulic oils, Total®
hydraulic fluid, Terresolve Technologies Ltd.® bio-based biodegradable lubricants, Cougar Lubrication® 2XT Bio engine oil, Series 4300
Synthetic Bio-degradable Hydraulic Oil, 8060-2 Synthetic Bio-Degradable Grease No. 2, etc. The use of trade, firm, or corporation names in
this opinion is for the information and convenience of the action agency and applicants and does not constitute an official endorsement or
approval by the U.S. Department of Commerce or NMFS of any product or service to the exclusion of others that may be suitable.
NWP-2013-429-1 Page 9 of 37 Enclosure 4
d. After construction is complete, obliterate all staging, storage, or stockpile
areas, stabilize the soil, and revegetate the area.14
28. Drilling and Boring
a. If drilling or boring are used, isolate drilling operations in wetted stream
channels using a steel casing or other appropriate isolation method to prevent drilling
fluids from contacting water.
b. If drilling through a bridge deck is necessary, use containment measures
to prevent drilling debris from entering the channel.
c. Sampling and directional drill recovery/recycling pits, and any associated
waste or spoils will be completely isolated from surface waters, off-channel habitats
and wetlands.
d. All waste or spoils will be covered if precipitation is falling or imminent.
e. All drilling fluids and waste will be recovered and recycled or disposed to
prevent entry into flowing water.
f. If a drill boring case breaks and drilling fluid or waste is visible in water or a
wetland, make all possible efforts to contain the waste and contact NMFS within 48 hours.
g. Waste containment
i. All drilling equipment, drill recovery and recycling pits, and any
waste or spoil produced, will be contained and then completely recovered and
recycled or disposed of as necessary to prevent entry into any waterway. Use a
tank to recycle drilling fluids.
ii. When drilling is completed, remove as much of the remaining
drilling fluid as possible from the casing (e.g., by pumping) to reduce turbidity
when the casing is removed.
29. Pesticide and Preservative-Treated Wood15
a. Treated wood may not be used in a structure that will be in or over water
or permanently or seasonally flooded wetlands, except to maintain or repair an
existing wood bridge. The following criteria in b, c, and d below apply to the use
of treated wood for maintenance or repair of existing wood bridges.
b. No part of the treated wood may be exposed to leaching by precipitation,
overtopping waves, or submersion (e.g., no treated wood piles (per PDC#10, and
stringers or decking of a timber bridge can be made from treated wood only if they will
be covered by a non-treated wood wearing surface that covers the entire roadway
width), and all elements of the structure using the treated wood are designed to avoid or
minimize impacts or abrasion that could create treated wood debris or dust.
c. Installation of treated wood
i. Treated wood shipped to the project area will be stored out of
contact with standing water and wet soil, and protected from precipitation.
ii. Each load and piece of treated wood will be visually inspected
and rejected for use in or above aquatic environments if visible residue,
bleeding of preservative, preservative-saturated sawdust, contaminated soil, or
other matter is present.
14 Road and path obliteration refers to the most comprehensive degree of decommissioning and involves decompacting the surface and
ditch, pulling the fill material onto the running surface, and reshaping to match the original contour.
15 Treated woods may contain chromated copper arsenate (CCA), ammoniacal copper zinc arsenate (ACZA), alkaline copper quat (ACQ-B
and ACQ-D), ammoniacal copper citrate (CC), copper azole (CBA-A), copper dimethyldithiocarbamate (CDDC), borate preservatives, and oil-
type wood preservatives, such as creosote, pentachlorophenol, and copper naphthenate.
NWP-2013-429-1 Page 10 of 37 Enclosure 4
iii. Prefabrication will be used whenever possible to minimize cutting,
drilling and field preservative treatment.
iv. When field fabrication is necessary, all cutting, drilling, and field
preservative treatment of exposed treated wood will be done above OHW to
minimize discharge of sawdust, drill shavings, excess preservative and other
debris.
v. Tarps, plastic tubs or similar devices will be used to contain the
bulk of any fabrication debris, and any excess field preservative will be removed
from the treated wood by wiping and proper disposal.
d. Removal of treated wood
i. Evaluate all wood construction debris removed during a project,
including pile, to ensure proper disposal of treated wood.
ii. Ensure that no treated wood debris falls into the water or, if debris
does fall into the water, remove it immediately.
iii. After removal, place treated wood debris in an appropriate dry
storage site until it can be removed from the project area.
iv. Do not leave any treated wood debris in the water or stacked on
the streambank at or below OHW.
30. Erosion Control
a. Use site planning and site erosion control measures commensurate with the
scope of the project to prevent erosion and sediment discharge from the project site.
b. Before significant earthwork begins, install appropriate, temporary
erosion controls downslope to prevent sediment deposition in the riparian area,
wetlands, or water body.
c. During construction,
i. Complete earthwork in wetlands, riparian areas, and stream
channels as quickly as possible.
ii. Cease project operations when high flows may inundate the
project area, except for efforts to avoid or minimize resource damage.
iii. If eroded sediment appears likely to be deposited in the stream
during construction, install additional sediment barriers as necessary.
iv. Temporary erosion control measures may include fiber wattles,
silt fences, jute matting, wood fiber mulch and soil binder, or geotextiles and
geosynthetic fabric.
v. Soil stabilization using wood fiber mulch and tackifier (hydro-
applied) may be used to reduce erosion of bare soil, if the materials are free of
noxious weeds and nontoxic to aquatic and terrestrial animals, soil
microorganisms, and vegetation.
vi. Remove sediment from erosion controls if it reaches 1/3 of the
exposed height of the control.
vii. Whenever surface water is present, maintain a supply of sediment
control materials and an oil-absorbing floating boom at the project site.
viii. Stabilize all disturbed soils following any break in work unless
construction will resume within four days.
d. Remove temporary erosion controls after construction is complete and
the site is fully stabilized.
NWP-2013-429-1 Page 11 of 37 Enclosure 4
31. Hazardous Material Safety
a. At the project site:
i. Post written procedures for notifying environmental response
agencies, including an inventory and description of all hazardous materials
present, and the storage and handling procedures for their use.
ii. Maintain a spill containment kit, with supplies and instructions for
cleanup and disposal, adequate for the types and quantity of hazardous
materials present.
iii. Train workers in spill containment procedures, including the
location and use of the spill containment kits.
iv. Temporarily contain any waste liquids generated under an
impervious cover, such as a tarpaulin, in the staging area until the wastes can
be properly transported to, and disposed of, at an approved receiving facility.
32. Barge Use. Any barge used as a work platform to support construction will be:
a. Large enough to remain stable under foreseeable loads and adverse
conditions.
b. Inspected before arrival to ensure vessel and ballast are free of invasive
species.
c. Secured, stabilized and maintained as necessary to ensure no loss of
balance, stability, anchorage, or other condition that can result in the release of
contaminants or construction debris.
33. Dust Abatement
a. Use dust abatement measures commensurate with soil type, equipment
use, wind conditions, and the effects of other erosion control measures.
b. Sequence and schedule work to reduce the exposure of bare soil to wind
erosion.
c. Maintain spill containment supplies on-site whenever dust abatement
chemicals are applied.
d. Do not use petroleum-based products.
e. Do not apply dust-abatement chemicals, e.g., magnesium chloride,
calcium chloride salts, lignin sulfonate, within 25 feet of a water body, or in other areas
where they may runoff into a wetland or water body.
f. Do not apply lignin sulfonate at rates exceeding 0.5 gallons per square
yard of road surface, assuming a 50:50 solution of lignin sulfonate to water.
34. Work Area Isolation
a. Isolate any work area within the wetted channel from the active stream
whenever ESA-listed fish are reasonably certain to be present, or if the work area is
less than 300 feet upstream from known spawning habitats.
b. Engineering design plans for work area isolation will include all isolation
elements and fish release areas.
c. Dewater the shortest linear extent of work area practicable, unless
wetted in-stream work is deemed to be minimally harmful to fish, and is beneficial to
other aquatic species.16
16 For instructions on how to dewater areas occupied by lamprey, see Best management practices to minimize adverse effects to Pacific
lamprey (Entosphenus tridentatus) (USFWS 2010).
NWP-2013-429-1 Page 12 of 37 Enclosure 4
i. Use a coffer dam and a by-pass culvert or pipe, or a lined, non-
erodible diversion ditch to divert flow around the dewatered area. Dissipate flow
energy to prevent damage to riparian vegetation or stream channel and provide
for safe downstream reentry of fish, preferably into pool habitat with cover.
ii. Where gravity feed is not possible, pump water from the work site
to avoid rewatering. Maintain a fish screen on the pump intake to avoid juvenile
fish entrainment.
iii. Pump seepage water to a temporary storage and treatment site,
or into upland areas, to allow water to percolate through soil or to filter through
vegetation before reentering the stream channel with a treatment system
comprised of either a hay bale basin or other sediment control device.
iv. Monitor below the construction site to prevent stranding of aquatic
organisms.
v. When construction is complete, re-water the construction site
slowly to prevent loss of surface flow downstream, and to prevent a sudden
increase in stream turbidity.
d. Whenever a pump is used to dewater the isolation area and ESA-listed
fish may be present, a fish screen will be used that meets the most current version of
NMFS’s fish screen criteria (NMFS 2011a). NMFS approval is required for pumping at
a rate that exceeds 3 cfs.
35. Invasive and Non-Native Plant Control
a. Non-herbicide methods. Limit vegetation removal and soil disturbance
within the riparian zone by limiting the number of workers there to the minimum
necessary to complete manual, mechanical, or hydro-mechanical plant control (e.g.,
hand pulling, bending17, clipping, stabbing, digging, brush-cutting, mulching, radiant
heat, portable flame burner, super-heated steam, pressurized hot water, or hot foam
(Arsenault et al. 2008; Donohoe et al. 2010))18. Do not allow cut, mowed, or pulled
vegetation to enter waterways.
b. Herbicide Label. Herbicide applicators will comply with all label instructions
c. Power equipment. Refuel gas-powered equipment with tanks larger
than 5 gallons in a vehicle staging area placed 150 feet or more from any natural
water body, or in an isolated hazard zone such as a paved parking lot.
d. Maximum herbicide treatment area. Do not exceed treating 1.0% of
the acres of riparian habitat within a 6th-field HUC with herbicides per year.
e. Herbicide applicator qualifications. Herbicides may only be applied by an
appropriately licensed applicator using an herbicide specifically targeted for a particular
plant species that will cause the least impact. The applicator will be responsible for
preparing and carrying out the herbicide transportation and safely plan, as follows.
f. Herbicide transportation and safety plan. The applicator will prepare and
carry out an herbicide safety/spill response plan to reduce the likelihood of spills or
misapplication, to take remedial actions in the event of spills, and to fully report the event.
17 Knotweed treatment pre-treatment; See Nickelson (2013).
18 See http://ahmct.ucdavis.edu/limtask/equipmentdetails.html
NWP-2013-429-1 Page 13 of 37 Enclosure 4
g. Herbicides. The only herbicides proposed for use under this opinion are
(some common trade names are shown in parentheses):19
i. aquatic imazapyr (e.g., Habitat)
ii. aquatic glyphosate (e.g., AquaMaster, AquaPro, Rodeo)
iii. aquatic triclopyr-TEA (e.g., Renovate 3)
iv. chlorsulfuron (e.g., Telar, Glean, Corsair)
v. clopyralid (e.g., Transline)
vi. imazapic (e.g., Plateau)
vii. imazapyr (e.g., Arsenal, Chopper)
viii. metsulfuron-methyl (e.g., Escort)
ix. picloram (e.g., Tordon)
x. sethoxydim (e.g., Poast, Vantage)
xi. sulfometuron-methyl (e.g., Oust, Oust XP)
h. Herbicide adjuvants. When recommended by the label, an approved
aquatic surfactant or drift retardant can be used to improve herbicidal activity or
application characteristics. Adjuvants that contain alky amine etholoxylates, i.e.,
polyethoxylated tallow amine (POEA), alkylphenol ethoxylates (including alkyl phenol
ethoxylate phosphate esters), or herbicides that contain these compounds are not
covered by this opinion. The following product names are covered by this opinion:
i. Agri-Dex ii. AquaSurf
iii. Bond iv. Bronc Max
v. Bronc Plus Dry-EDT vi. Class Act NG
vii. Competitor viii. Cut Rate
ix. Cygnet Plus x. Destiny HC
xi. Exciter xii. Fraction
xiii. InterLock xiv. Kinetic
xv. Level 7 xvi. Liberate
xvii. Magnify xviii. One-AP XL
xix. Pro AMS Plus xx. Spray-Rite
xxi. Superb HC xxii. Tactic
xxiii. Tronic
i. Herbicide carriers. Herbicide carriers (solvents) are limited to water or
specifically labeled vegetable oil. Use of diesel oil as an herbicide carrier is not
covered by this opinion.
j. Dyes. Use a non-hazardous indicator dye (e.g., Hi-Light or Dynamark™)
with herbicides within 100 feet of water. The presence of dye makes it easier to see
where the herbicide has been applied and where or whether it has dripped, spilled, or
leaked. Dye also makes it easier to detect missed spots, avoid spraying a plant or
area more than once, and minimize over-spraying (SERA 1997).
k. Herbicide mixing. Mix herbicides and adjuvants, carriers, and/or dyes
more than 150 feet from any perennial or intermittent water body to minimize the risk
of an accidental discharge.
19 The use of trade, firm, or corporation names in this opinion is for the information and convenience of the action agency and applicants and
does not constitute an official endorsement or approval by the U.S. Department of Commerce or NMFS of any product or service to the
exclusion of others that may be suitable.
NWP-2013-429-1 Page 14 of 37 Enclosure 4
i. Tank Mixtures. The potential interactive relationships that exist among
most active ingredient combinations have not been defined and are uncertain.
Therefore, combinations of herbicides in a tank mix are not covered by this opinion.
m. Spill Cleanup Kit. Provide a spill cleanup kit whenever herbicides are
used, transported, or stored. At a minimum, cleanup kits will include material safety
data sheets, the herbicide label, emergency phone numbers, and absorbent material
such as cat litter to contain spills.
n. Herbicide application rates. Apply herbicides at the lowest effective
label rates.
o. Herbicide application methods. Apply liquid or granular forms of
herbicides as follows:
i. Broadcast spraying – hand held nozzles attached to back pack
tanks or vehicles, or by using vehicle mounted booms.
ii. Spot spraying – hand held nozzles attached to back pack tanks or
vehicles, hand-pumped spray, or squirt bottles to spray herbicide directly onto
small patches or individual plants.
iii. Hand/selective – wicking and wiping, basal bark, fill (“hack and
squirt”), stem injection, cut-stump.
iv. Triclopyr – will not be applied by broadcast spraying.
v. Keep the spray nozzle within four feet of the ground when
applying herbicide. If spot or patch spraying tall vegetation more than 15 feet
away from the high water mark (HWM), keep the spray nozzle within 6 feet of
the ground.
vi. Apply spray in swaths parallel towards the project area, away from
the creek and desirable vegetation, i.e., the person applying the spray will
generally have their back to the creek or other sensitive resource.
vii. Avoid unnecessary run off during cut surface, basal bark, and
hack-squirt/injection applications.
p. Washing spray tanks. Wash spray tanks 300 feet or more away from
any surface water.
q. Minimization of herbicide drift and leaching. Minimize herbicide drift
and leaching as follows:
i. Do not spray when wind speeds exceed 10 miles per hour, or are
less than 2 miles per hour.
ii. Be aware of wind directions and potential for herbicides to affect
aquatic habitat area downwind.
iii. Keep boom or spray as low as possible to reduce wind effects.
iv. Increase spray droplet size whenever possible by decreasing
spray pressure, using high flow rate nozzles, using water diluents instead of oil,
and adding thickening agents.
v. Do not apply herbicides during temperature inversions, or when
air temperature exceeds 80 degrees Fahrenheit.
vi. Wind and other weather data will be monitored and reported for
all broadcast applications.
NWP-2013-429-1 Page 15 of 37 Enclosure 4
r. Rain. Do not apply herbicides when the soil is saturated or when a
precipitation event likely to produce direct runoff to salmon bearing waters from the
treated area is forecasted by the NOAA National Weather Service or other similar
forecasting service within 48 hours following application. Soil-activated herbicides may
follow label instructions. Do not conduct hack-squirt/injection applications during
periods of heavy rainfall.
s. Herbicide buffer distances. Observe the following no-application
buffer-widths, measured in feet, as map distance perpendicular to the bankfull
elevation for streams, the upland boundary for wetlands, or the upper bank for
roadside ditches. Widths are based on herbicide formula, stream type, and application
method, during herbicide applications (Table 3). Before herbicide application begins,
flag or mark the upland boundary of each applicable herbicide buffer to ensure that all
buffers are in place and functional during treatment.
Table 3. Herbicide buffer distances by herbicide formula, stream type, and application
method.
Herbicide
No Application Buffer Width (feet)
Streams and Roadside Ditches with
flowing or standing water present and
Wetlands
Dry Streams, Roadside Ditches, and
Wetlands
Broadcast
Spraying
Spot
Spraying
Hand
Selective
Broadcast
Spraying
Spot
Spraying
Hand
Selective
Labeled for Aquatic Use
Aquatic Glyphosate 100 waterline waterline 50 None none
Aquatic Imazapyr 100 15 waterline 50 None none
Aquatic Triclopyr-
TEA
Not
Allowed 15 waterline Not
Allowed None none
Low Risk to Aquatic Organisms
Imazapic 100 15 bankfull
elevation 50 None none
Clopyralid 100 15 bankfull
elevation 50 None none
Metsulfuron-methyl 100 15 bankfull
elevation 50 None none
Moderate Risk to Aquatic Organisms
Imazapyr 100 50 bankfull
elevation 50 15 bankfull
elevation
Sulfometuron-
methyl 100 50 5 50 15 bankfull
elevation
Chlorsulfuron 100 50 bankfull
elevation 50 15 bankfull
elevation
High Risk to Aquatic Organisms
Picloram 100 50 50 100 50 50
Sethoxydim 100 50 50 100 50 50
NWP-2013-429-1 Page 16 of 37 Enclosure 4
36. Actions Requiring Stormwater Management 20
a. Provide stormwater management for any project that will:
i. Increase the contributing impervious area within the project area
ii. Construct new pavement that increases capacity or widens the
road prism.
iii. Reconstructs pavement down to subgrade.
iv. Rehabilitate or restore a bridge to repair structural or functional
deficiencies that are too complicated to be corrected through normal
maintenance, except for seismic retrofits that make a bridge more resistant to
earthquake damage (e.g., external post-tensioning, supplementary dampening)
but do not affect the bridge deck or drainage.
v. Replace a stream crossing
vi. Change stormwater conveyance
b. Stormwater management is not required for the following pavement
actions: minor repairs, patching, chip seal, grind/inlay, overlay or resurfacing (i.e.,
nonstructural pavement preservation, a single lift or inlay).
c. Stormwater management plans will consist of:
i. Low impact development.
ii. Water quality (pollution reduction) treatment for post-construction
stormwater runoff from all contributing impervious area.
iii. Water quantity treatment (retention or detention facilities), unless the
outfall discharges directly into a major water body (e.g., mainstem Columbia River,
Willamette River (downstream of Eugene), large lakes, reservoir, ocean, or estuary).
Retention or detention facilities must limit discharge to match pre-developed discharge
rates (i.e., the discharge rate of the site based on its natural groundcover and grade
before any development occurred) using a continuous simulation for flows between
50% of the 2-year event and the 10-year flow event (annual series).
d. Stormwater management plans will:
i. Explain how runoff from all contributing impervious area that is
within or contiguous with the project area will be managed using site sketches,
drawings, specifications, calculations, or other information commensurate with
the scope of the action.
ii. Identify the pollutants of concern.
iii. Identify all contributing and non-contributing impervious areas that
are within and contiguous with the project area.
iv. Describe the BMPs that will be used to treat the identified
pollutants of concern, and the proposed maintenance activities and schedule
for the treatment facilities.
20 The most efficient way for an applicant or the Corps to prepare and submit a stormwater management plan for NMFS’ review is to attach a
completed Checklist for Submission of a Stormwater Management Plan (the Checklist, ODEQ updated 2012, or the most recent version) with
the electronic notification when it is sent to the SLOPES mailbox. However, stormwater conveyance to a DEQ permitted Municipal Separate
Storm Sewer System (MS4) or consistency with any other program acknowledged by DEQ as adequate for stormwater management will not
meet the requirements of this opinion unless NMFS determines that the facility accepting the stormwater will provide a level of treatment that
is equivalent to that called for in this opinion. The Checklist and guidelines for its use are available from NMFS or the ODEQ in Portland
Oregon. The latest version of the Checklist is also available online in a portable document format (pdf) through the ODEQ Water Quality
Section 401 certification webpage (ODEQ 2014) at http://www.deq.state.or.us/wq/sec401cert/process.htm#add (see “Post Construction
Stormwater Management Plan”).
.
NWP-2013-429-1 Page 17 of 37 Enclosure 4
v. Provide a justification for the capacity of the facilities provided
based on the expected runoff volume, including, e.g., the design storm, BMP
geometry, analyses of residence time, as appropriate.
vi. Include the name, email address, and telephone number of the
person responsible for designing the stormwater management facilities that
NMFS may contact if additional information is necessary to complete the
effects analysis.
vii. The proposed action will include a maintenance, repair, and
component replacement plan that details what needs to be done, when, and by
whom for each facility.
e. All stormwater quality treatment practices and facilities will be designed
to accept and fully treat the volume of water equal to 50% of the cumulative rainfall
from the 2-year, 24-hour storm for that site, except as follows: climate zone 4 – 67%;
climate zone 5 – 75%; and climate zone 9 – 67% (Figure 1). (ESA-listed species
considered in this opinion are unlikely to occur in Zones 5 or 9.) A continuous
rainfall/runoff model may be used instead of runoff depths to calculate water quality
treatment depth.
Figure 1. Water Quality Design Storm Factor – Oregon Climate Regions (Oregon
Department of Transportation 2008)
NWP-2013-429-1 Page 18 of 37 Enclosure 4
f. Use low impact development practices to infiltrate or evaporate runoff to
the maximum extent feasible. For runoff that cannot be infiltrated or evaporated and
therefore will discharge into surface or subsurface waters, apply one or more of the
following specific primary treatment practices, supplemented with appropriate soil
amendments:
i. Bioretention cell
ii. Bioslope, also known as an “ecology embankment”
iii. Bioswale
iv. Constructed wetlands
v. Infiltration pond
vi. Media filter devices with demonstrated effectiveness. Propriety
devices should be on a list of “Approved Proprietary Stormwater Treatment
Technologies” i.e., City of Portland (2008) Stormwater Management Manual.
Bureau of Environmental Services.
vii. Porous pavement, with no soil amendments and appropriate
maintenance
viii. All stormwater flow control treatment practices and facilities will be
designed to maintain the frequency and duration of instream flows generated
by storms within the following end-points:
1. Lower discharge endpoint, by U.S. Geological Survey
(USGS) flood frequency zone:
a. Western Region = 42% of 2-year event
b. Eastern Region
i. Southeast, Northeast, North Central = 48% of 2-
year event
ii. Eastern Cascade = 56% of 2-year event
2. Upper discharge endpoint
a. Entrenchment ratio <2.2 = 10-year event, 24-hour
storm
b. Entrenchment ratio >2.2 = bank overtopping event
g. When conveyance is necessary to discharge treated stormwater directly
into surface water or a wetland, the following requirements apply:
i. Maintain natural drainage patterns.
ii. To the maximum extent feasible, ensure that water quality
treatment for contributing impervious area runoff is completed before
commingling with offsite runoff for conveyance.
iii. Prevent erosion of the flow path from the project to the receiving
water and, if necessary, provide a discharge facility made entirely of
manufactured elements (e.g., pipes, ditches, discharge facility protection) that
extends at least to OHW .
h. NMFS review and approval. NMFS will review proposed stormwater
treatment and new or upgraded stormwater outfalls plans.
NWP-2013-429-1 Page 19 of 37 Enclosure 4
37. Site Restoration
a. Restore any significant disturbance of riparian vegetation, soils, stream
banks or stream channel.
b. Remove all project related waste; e.g., pick up trash, sweep roadways in
the project area to avoid runoff-containing sediment, etc.
c. Obliterate all temporary access roads, crossings, and staging areas.
d. Loosen compacted areas of soil when necessary for revegetation or infiltration.
e. Although no single criterion is sufficient to measure restoration success,
the intent is that the following features should be present in the upland parts of the
project area, within reasonable limits of natural and management variation:
i. Human and livestock disturbance, if any, are confined to small
areas necessary for access or other special management situations.
ii. Areas with signs of significant past erosion are completely
stabilized and healed, bare soil spaces are small and well-dispersed.
iii. Soil movement, such as active rills and soil deposition around
plants or in small basins, is absent or slight and local.
iv. Native woody and herbaceous vegetation, and germination microsites,
are present and well distributed across the site; invasive plants are absent.
v. Plants have normal, vigorous growth form, and a high probability of
remaining vigorous, healthy and dominant over undesired competing vegetation.
vi. Plant litter is well distributed and effective in protecting the soil
with little or no litter accumulated against vegetation as a result of active sheet
erosion (“litter dams”).
vii. A continuous corridor of shrubs and trees appropriate to the site
are present to provide shade and other habitat functions for the entire
streambank.
38. Revegetation
a. Plant and seed disturbed areas before or at the beginning of the first
growing season after construction.
b. Use a diverse assemblage of vegetation species native to the action
area or region, including trees, shrubs, and herbaceous species. Vegetation, such as
willow, sedge and rush mats, may be gathered from abandoned floodplains, stream
channels, etc. When feasible, use vegetation salvaged from local areas scheduled for
clearing due to development.
c. Use species native to the project area or region that will achieve shade
and erosion control objectives, including forb, grass, shrub, or tree species that are
appropriate for the site.
d. Short-term stabilization measures may include use of non-native sterile
seed mix if native seeds are not available, weed-free certified straw, jute matting, and
similar methods.
e. Do not apply surface fertilizer within 50 feet of any wetland or water
body.
f. Install fencing as necessary to prevent access to revegetated sites by
livestock or unauthorized persons.
g. Do not use invasive or non-native species for site restoration.
h. Conduct post-construction monitoring and treatment to remove or control
invasive plants until native plant species are well-established.
NWP-2013-429-1 Page 20 of 37 Enclosure 4
39. Actions That Require Compensatory Mitigation
a. The Corps will rely on 33 CFR 332.3 when considering appropriate
mitigation. The first option for an applicant is to purchase credits from an appropriate
mitigation bank. The second option is to purchase credits from an approved in-lieu-fee
sponsor. The third option is Permittee-responsible mitigation. The fourth option is a
combination of some or all of the above options that collectively satisfies the mitigation
requirements.
b. NMFS will review and approve compensatory mitigation plans.
c. The following actions require compensatory mitigation:
i. Any stormwater management facility that requires a new or
enlarged structure within the riparian zone; or that has insufficient capacity to
infiltrate and retain the volume of stormwater called for by this opinion.
ii. Any riprap revetment that extends rock above the streambank toe
extends the use of riprap laterally into an area that was not previously revetted,
or revetment that does not include adequate vegetation and LW .
iii. Any bridge rehabilitation or replacement that does not span the
functional floodplain, or causes a net increase in fill within the functional
floodplain.
d. The electronic notification (Appendix A, Part 1 with Part 4 completed) for
an action that requires compensatory mitigation will explain how the Corps or applicant
will complete the mitigation, including site sketches, drawings, specifications,
calculations, or other information commensurate with the scope of the action.
e. Include the name, address, and telephone number of a person
responsible for designing this part of the action that NMFS may contact if additional
information is necessary to complete the effects analysis.
f. Describe practices that will be used to ensure:
i. No net loss of habitat function
ii. Completion before, or concurrent with, construction whenever possible
iii. Achieve a mitigation ratio that is greater than one-to-one and
larger (e.g., 1.5 to1.0 when necessary to compensate for time lags between the
loss of conservation value in the project area and replacement of conservation
value in the mitigation area, uncertainty of conservation value replacement in
the mitigation area, or when the affected area has demonstrably higher
conservation value than the mitigation area.21
iv. When practicable and environmentally sound, mitigation should
be near the project impact site, or within the same local watershed and area
occupied by the affected population(s) and age classes. Mitigation should be
completed prior to or concurrent with the adverse impacts, or have an
increased ratio as noted above.
21 For additional information on compensatory mitigation, see Compensatory Mitigation for Losses of Aquatic Resources (33CFR332) at
www.poa.usace.army.mil/Portals/34/docs/regulatory/33cfr332.pdf . More information is available from the U.S. Army Corps of Engineers,
Portland District, Portland, Oregon. See: http://www.nwp.usace.army.mil/Missions/Regulatory/Mitigation.aspx
NWP-2013-429-1 Page 21 of 37 Enclosure 4
v. To minimize delays and objections during the review process,
applicants are encouraged to seek the advice of NMFS during the planning and
design of mitigation plans. For complex mitigation projects, such consultation may
improve the likelihood of mitigation success and reduce permit-processing time.
g. For stormwater management:
i. The primary habitat functions of concern are related to the
physical and biological features essential to the long-term conservation of listed
species, i.e., water quality, water quantity, channel substrate, floodplain
connectivity, forage, natural cover (such as submerged and overhanging LW ,
aquatic vegetation, large rocks and boulders, side channels and undercut
banks), space, and free passage.
ii. Acceptable mitigation for riparian habitat displaced by a stormwater
treatment facility is restoration of shallow-water or off-channel habitat
iii. Acceptable mitigation for inadequate stormwater treatment includes
providing adequate stormwater treatment where it did not exist before, and
retrofitting an existing but substandard stormwater facility to provide capacity
necessary to infiltrate and retain the proper volume of stormwater. Such mitigation
can be measured in terms of deficit stormwater treatment capacity.
h. For riprap:
i. The primary habitat functions of concern are related to floodplain
connectivity, forage, natural cover, and free passage.
ii. Acceptable mitigation for those losses include removal of existing
riprap; retrofit existing riprap with vegetated riprap and LW , or one or more
other streambank stabilization methods described in this opinion, and
restoration of shallow water or off-channel habitats.
i. For a bridge replacement:
i. The primary habitat functions of concern are floodplain
connectivity, forage, natural cover, and free passage.
ii. Acceptable mitigation is removing fill from elsewhere in the floodplain
– native channel material, soil and vegetation may not be counted as fill.
j. Mitigation actions will meet general construction criteria and other
appropriate minimization measures (dependent on the type of proposed mitigation).
NWP-2013-429-1 Page 22 of 37 Enclosure 4
1.3.1.3 Project Design Criteria - Types of Actions
40. Natural Hazard Response
a. A manager of a state, regional, county, or municipal stormwater facility,
public transportation feature, or utility must initiate a natural hazard response by
notifying the Corps.22 The Corps will encourage the applicant to:
i. Act as necessary to resolve the initial natural hazard.
ii. Without endangering human life or contributing to further loss of
property or natural resources, apply all proposed design criteria from this
opinion which are applicable to the response to the maximum extent possible.
b. The Corps will also contact NMFS as part of the natural hazard
response.
i. As soon as possible after the onset of the natural hazard, the
Corps will require the applicant to contact the Corps and NMFS to describe the
nature and location of the natural hazard, review design criteria from this
opinion that are applicable to the situation, and determine whether additional
steps may be taken to further minimize the effects of the initial response action
on listed species or their critical habitat.
ii. For the Oregon Coast contact Ken Phippen (541-957-3385), for
the Willamette Basin contact Marc Liverman (503-231-2336), and Lower
Columbia River up to and including Oregon tributaries contact Jeff Fisher (360-
534-9342), and for eastern Oregon contact Dale Bambrick (509-962-
8911x221).
41. Streambank and Channel Stabilization
a. The following streambank stabilization methods may be used individually
or in combination:
i. Alluvium placement
ii. Large wood placement
iii. Vegetated riprap with large wood
iv. Roughened toe
v. Woody plantings
vi. Herbaceous cover, in areas where the native vegetation does not
include trees or shrubs.
vii. Bank reshaping and slope grading
viii. Coir logs
ix. Deformable soil reinforcement
x. Engineered log jams (ELJ)
xi. Floodplain flow spreaders
xii. Floodplain roughness
22 Natural hazard response actions do not include federal assistance following a gubernatorial, county or local declaration of emergency or
disaster with a request for federal assistance; a federal declaration of emergency or disaster; or any response to an emergency or disaster
that takes place on federal property or to a federal asset because those actions are subject to emergency consultation provisions of 50 CFR
402.05
NWP-2013-429-1 Page 23 of 37 Enclosure 4
b. For more information on the above methods see Federal Emergency
Management Agency (2009)23 or Cramer et al. (2003).24 Other than those methods
relying solely upon woody and herbaceous plantings, streambank stabilization projects
should be designed by a qualified engineer that is appropriately registered in the state
where the work is performed.
c. Stream barbs and full-spanning weirs are not allowed for stream bank
stabilization under this opinion.
d. Alluvium Placement can be used as a method for providing bank
stabilization using imported gravel/cobble/boulder-sized material of the same
composition and size as that in the channel bed and banks, to halt or attenuate
streambank erosion, and stabilize riffles. This method is predominantly for use in small
to moderately sized channels and is not appropriate for application in mainstem
systems. These structures are designed to provide roughness, redirect flow, and
provide stability to adjacent streambed and banks or downstream reaches, while
providing valuable fish and wildlife habitat.
i. NMFS fish passage review and approval. NMFS will review
alluvium placement projects that would occupy more than 25% of the channel
bed or more than 25% of the bankfull cross sectional area.
ii. This design method is only approved in those areas where the
natural sediment supply has been eliminated, significantly reduced through
anthropogenic disruptions, or used to initiate or simulate sediment
accumulations in conjunction with other structures, such as LW placements and
ELJs.
iii. Material used to construct the toe should be placed in a manner that
mimics attached longitudinal bars or point bars.
iv. Size distribution of toe material will be diverse and predominately
comprised of D84 to Dmax size class material.
v. Spawning gravels will constitute at least one-third of the total alluvial
material used in the design.
vi. Spawning gravels are to be placed at or below an elevation
consistent with the water surface elevation of a bankfull event.
vii. Spawning size gravel can be used to fill the voids within toe and
bank material and placed directly onto stream banks in a manner that mimics
natural debris flows and erosion.
viii. All material will be clean alluvium with similar angularity as the
natural bed material. When possible use material of the same lithology as
found in the watershed. Reference Stream Simulation: An Ecological Approach
to Providing Passage for Aquatic Organisms at Road-Stream Crossings
(USDA-Forest Service 2008) to determine gravel sizes appropriate for the
stream.
ix. Material can be mined from the floodplain at elevations above
bankfull, but not in a manner that will cause stranding during future flood
events.
x. Crushed rock is not permitted.
xi. After placement in areas accessible to higher stream flow, allow the
stream to naturally sort and distribute the material.
23 http://www.fema.gov/pdf/about/regions/regionx/Engineering_With_Nature_Web.pdf
24 http://wdfw.wa.gov/publications/00046/wdfw00046.pdf
NWP-2013-429-1 Page 24 of 37 Enclosure 4
xii. Do not place material directly on bars and riffles that are known
spawning areas, which may cause fish to spawn on the unsorted and unstable
gravel, thus potentially resulting in redd destruction.
xiii. Imported material will be free of invasive species and non-native
seeds. If necessary, wash prior to placement.
e. Large Wood Placements are defined as structures composed of LW
that do not use mechanical methods as the means of providing structure stability (i.e.,
large rock, rebar, rope, cable, etc.). The use of native soil, alluvium with similar
angularity as the natural bed material, large wood, or buttressing with adjacent trees
as methods for providing structure stability are authorized. This method is
predominantly for use in small to moderately sized channels and is not appropriate for
application in mainstem systems. These structures are designed to provide
roughness, redirect flow, and provide stability to adjacent streambed and banks or
downstream reaches, while providing valuable fish and wildlife habitat.
i. NMFS fish passage review and approval. NMFS will review LW
placement projects that would occupy greater than 25% of the bankfull cross
section area.
ii. Structure shall simulate disturbance events to the greatest degree
possible and include, but not be limited to, log jams, debris flows, wind-throw,
and tree breakage.
iii. Structures may partially or completely span stream channels or be
positioned along stream banks.
iv. Where structures partially or completely span the stream channel
LW should be comprised of whole conifer and hardwood trees, logs, and
rootwads. LW size (diameter and length) should account for bankfull width and
stream discharge rates.
v. Structures will incorporate a diverse size (diameter and length)
distribution of rootwad or non-rootwad, trimmed or untrimmed, whole trees,
logs, snags, slash, etc.
vi. For individual logs that are completely exposed, or embedded
less than half their length, logs with rootwads should be a minimum of 1.5 times
bankfull channel width, while logs without rootwads should be a minimum of 2.0
times bankfull width.
vi. Consider orienting key pieces such that the hydraulic forces upon
the LW increase stability.
f. Vegetated riprap with large wood (LW)
i. NMFS will review and approve bank stabilization projects that use
vegetated riprap with LW.
ii. When this method is necessary, limit installation to the areas
identified as most highly erodible, with highest shear stress, or at greatest risk
of mass-failure, and provide compensatory mitigation. The greatest risk of
mass-failure will usually be at the toe of the slope and will not extend above
OHW elevation except in incised streams.
iii. Do not use invasive or non-native species for site restoration.
iv. Remove or control invasive plants until native plant species are
well-established.
v. Do not apply surface fertilizer within 50-feet of any stream
channel.
NWP-2013-429-1 Page 25 of 37 Enclosure 4
vi. Install fencing as necessary to prevent access to revegetated
sites by livestock or unauthorized persons.
vii. Vegetated riprap with LW will be installed as follows:
1. When present, use natural hard points, such as large,
stable trees or rock outcrops, to begin or end the toe of the revetment.
2. Develop rock size gradations for elevation zones on the
bank, especially if the rock will extend above OHW – the largest rock
should be placed at the toe of the slope, while small rock can be used
higher in the bank where the shear stress is generally lower. Most upper
bank areas will not require the use of any rock but can depend on the
vegetation for erosion protection.
3. For bank areas above OHW where rock is still deemed
necessary, mix rock with soil to provide a better growing medium for
plants.
4. Minimum amount of wood incorporated into the treated
area, for mitigation of riprap, is equal to the number of whole trees
whose cumulative summation of rootwad diameters is equal to 80% of
linear-feet of treated streambank or 20% of the treated area (square
feet) of streambank, whichever is greater.
5. Where whole trees are not used (i.e., snags, logs, and
partial trees) designers are required to estimate the dimensions of parent
material based on rootwad diameter, and calculating a cumulative
equivalency of whole trees.
6. LW should be distributed throughout the structure (not just
concentrated at the toe) to engage flows up to the bankfull flow. LW
placed above the toe may be in the form of rootwad or non-rootwad,
trimmed or untrimmed, whole trees, logs, snags, slash, etc. Maximize the
exposure of wood to water by placing and orienting wood to project into
the water column up to the bankfull elevation.
7. Develop an irregular toe and bank line to increase
roughness and habitat value.
8. Use LW and irregular rock to create large interstitial spaces
and small alcoves to create planting spaces and habitat to mitigate for
flood-refuge impacts – do not use geotextile fabrics as filter behind the
riprap whenever possible, if a filter is necessary to prevent sapping, use
a graduated gravel filter.
9. Structure toe will incorporate LW with intact rootwads.
Minimum spacing between rootwads placed at the toe will be no greater
than an average rootwad diameter.
10. Minimum rootwad diameter for LW placed at the toe of the
structure shall be 1.0 times the bankfull depth, unless LW availability
constrains the project to a smaller rootwad size. Where rootwad size is
constrained due to availably, the largest diameter rootwads available
should be used.
11. LW placed at the toe will be sturdy material, intact, hard,
and undecayed and should be sized or embedded sufficiently to
withstand the design flood.
12. Space between root wads may be filled with large
boulders, trimmed or untrimmed, whole trees, logs, snags, slash, etc.
NWP-2013-429-1 Page 26 of 37 Enclosure 4
When used, diameter of boulders placed between toe logs with rootwads
should be 1.5 to 2.0 times log diameter at breast height (dbh) of adjacent
toe logs. A reasonable maximum rock size is 5-6 feet in diameter.
13. Plant woody vegetation in the joints between the rocks to
enhance streambank vegetation.
14. Where possible, use terracing, or other bank shaping, to
increase habitat diversity.
15. When possible, create or enhance a vegetated riparian
buffer.
viii. Monitor vegetated riprap each year following installation by visual
inspection during low flows to examine transitions between undisturbed and
treated banks to ensure that native soils above and behind the riprap are not
collapsing, sinking, or showing other evidence of piping loss or movement of
rock materials; and the overall integrity of the riprap treatment, including:
1. Loss of rock materials
2. Survival rate of vegetation
3. Anchoring success of LW placed in the treatment.
4. Any channel changes since construction.
g. Roughened toe
i. Where designs use any of the approved streambank stabilization
methods outlined in this section, in lieu of lining the bank with riprap above the
toe, the design of any rock-filled toe will adhere to project criteria outlined in (f)
Vegetated riprap with large wood (7-15, from above).
ii. Minimum amount of wood incorporated into the treated area, for
mitigation of riprap, is equal to the number of whole trees whose cumulative
summation of rootwad diameters is equal to 80% of linear-feet of treated
streambank.
h. Engineered log jams (ELJ). ELJs are structures composed of LW with
at least three key members and incorporating the use of any mechanical anchoring
system (i.e., rebar, rope, angular or large rock, etc.). Native soil, simulated streambed
and bank materials, wood, or buttressing with adjacent trees, are not mechanical
anchoring systems. ELJs are designed to redirect flow, provide roughness, and
provide stability to adjacent streambed and banks or downstream reaches, while
providing valuable fish and wildlife habitat.
i. NMFS fish passage review and approval. NMFS will review
proposed ELJ projects.
ii. ELJs will be patterned, to the greatest degree possible, after
stable natural log jams.
iii. Stabilizing or key pieces of LW will be intact and solid (little
decay). If possible, acquire LW with untrimmed rootwads to provide functional
refugia habitat for fish.
i. If LW mechanical anchoring is required, a variety of methods may be
used. These include large angular rock, buttressing the wood between adjacent trees,
the use of manila, sisal or other biodegradable ropes for lashing connections. If
hydraulic conditions warrant use of structural connections, rebar pinning or bolted
connections, may be used. Use of cable is not covered by this opinion.
NWP-2013-429-1 Page 27 of 37 Enclosure 4
j. When a hole in the channel bed caused by local scour will be filled with
rock to prevent damage to a culvert, road, or bridge foundation, the amount of rock will
be limited to the minimum necessary to protect the integrity of the structure.
k. When a footing, facing, head wall, or other protection will be constructed
with rock to prevent scouring or down-cutting of, or fill slope erosion or failure at, an
existing culvert or bridge, the amount of rock used will be limited to the minimum
necessary to protect the integrity of the structure. Whenever feasible, include soil and
woody vegetation as a covering and throughout the structure.
42. Road Maintenance, Rehabilitation and Replacement
a. All maintenance and rehabilitation actions shall observe applicable
criteria detailed in the most recent version of NMFS fish passage criteria
i. Projects affecting fish passage shall adhere to industry design
standards found in the most recent version of any of the following:
1. Water Crossings Design Guidelines (Barnard et al. 2013)25
2. Part XII, Fish Passage Design and Implementation,
Salmonid Stream Habitat Restoration Manual (California Department
of Fish and Game 2009)26
3. Stream Simulation: An Ecological Approach to Providing
Passage for Aquatic Organisms at Road-Stream (USDA-Forest
Service 2008)27
4. Or other design references approved by NMFS.
ii. Routine road surface, culvert and bridge maintenance activity will
be completed in accordance with the ODOT Routine Road Maintenance: Water
Quality and Habitat Guide Best Management Practices (ODOT 2009) or the
most recent version approved by NMFS, unless maintenance activities and
practices in that manual conflict with PDC in this opinion.
1. Any conflict between ODOT (2009) and this opinion (e.g.,
stormwater management for maintenance yards, erosion repair
related to use of riprap, dust abatement, and use of pesticides) will
be resolved in favor of PDC in this opinion.
b. Grade stabilization
i. Grade control materials may include both rock and LW. Material
shall not in any part consist of gabion baskets, sheet piles, concrete, articulated
concrete blocks, or cable anchors.
ii. Grade control shall be provided using morphologically-appropriate
constructed riffles for riffle-pool morphologies, rough constructed riffles/ramps
for plane bed morphologies, wood/debris jams, rock bands, and boulder weirs
for step-pool morphologies, and roughened channels for cascade
morphologies.
iii. LW placements and ELJs may be used to control grade
individually or together with other grade control methods by simulating natural
log jams and debris accumulation that traps sediment and creates forced, riffle-
pool, step-pool, or cascade-pool morphologies.
25 http://wdfw.wa.gov/publications/01501/
26 https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=12512
27 http://stream.fs.fed.us/fishxing/aop_pdfs.html
NWP-2013-429-1 Page 28 of 37 Enclosure 4
iv. Stream banks and bed shall be designed to be immobile at the
design event to reduce undermining and flanking.
v. The crest of channel spanning structures will be slightly sloped on
either side, with the low point in the center, to direct flows to the middle of
channel and away from streambanks. Install these structures low in relation to
channel dimensions so that they are completely overtopped during channel-
forming flow events (approximately a 1.0- to 1.5-year flow event).
vi. Construct boulder weir structures in a ‘V’ or ‘U’ shape, oriented
with the apex upstream.
vii. Key all structures into the streambed at a depth which minimizes
structure undermining due to scour, at least 2.5 times their exposure height, or
the Lower Vertical Adjustment Potential (LVAP) line with an offset of 2 times
D90, whichever is deeper.
1. LVAP, and 2 times D90 offset, as calculated in Stream
Simulation: An ecological approach to providing passage for aquatic
organisms at road crossings (USDA-Forest Service 2008).
viii. Structures should be keyed into both banks—if feasible greater
than 8 feet.
ix. If several drop structures will be used in series, space them at the
appropriate distances to promote fish passage of target species and life
histories. Incorporate NMFS (2011a) fish passage criteria (jump height, pool
depth, etc.) in the design of drop structures.
x. Recommended spacing for boulder weirs should be no closer
than the net drop divided by the channel slope (for example, a one-foot high
step structure designed with a project slope of two-percent gradient will have a
minimum spacing of 50-feet [1/0.02]). Maximum project slope for boulder weir
designs is 5%.
xi. A series of short steep rough ramps/chutes, cascades, or
roughened channel type structures, broken up by energy dissipating pools, are
required where project slope is greater than 5%.
c. Rock Structures
i. Rock structures will be constructed out of a mix of well-graded
boulder, cobble, and gravel, including the appropriate level of fines, to allow for
compaction and sealing to ensure minimal loss of surface flow through the
newly placed material.
ii. Rock sizing depends on the size of the stream, maximum depth of
flow, plan form, entrenchment, and ice and debris loading.
iii. The project designer or an inspector experienced in these
structures should be present during installation.
iv. To ensure that the structure is adequately sealed, no sub-surface
flow will be present before equipment leaves the site.
v. Rock shall be durable and of suitable quality to assure long-term
stability in the climate in which it is to be used.
i. Where feasible, channel spanning structures should be coupled
with LW to improve habitat complexity of riparian areas.
d. Structure Stabilization
NWP-2013-429-1 Page 29 of 37 Enclosure 4
i. When a footing, facing, head wall, or other protection will be
constructed with rock to prevent scouring or down-cutting of, or fill slope erosion
or failure at, an existing culvert or bridge, the amount of rock used is limited to
the minimum necessary to protect the integrity of the structure. Include soil,
vegetation, and wood throughout the structure to the level possible.
e. Road-stream crossing replacement or retrofit
i. Projects shall adhere to industry design standards found in the
most recent version any of the following:
1. Water Crossings Design Guidelines (Barnard et al. 2013)28
2. Part XII, Fish Passage Design and Implementation,
Salmonid Stream Habitat Restoration Manual (California Department
of Fish and Game 2009)29
3. Stream Simulation: An Ecological Approach to Providing
Passage for Aquatic Organisms at Road-Stream (USDA-Forest
Service 2008)30
4. Or other design references approved by NMFS.
i. General road-stream crossing criteria
1. Span
a. Span is determined by the crossing width at the
proposed streambed grade.
b. Single span structures will maintain a clear,
unobstructed opening above the general scour elevation that is at
least as wide as 1.5 times the active channel width.31
c. Multi-span structures will maintain clear,
unobstructed openings above the general scour elevation (except
for piers or interior bents) that are at least as wide as 2.2 times
the active channel width.
d. Entrenched streams: If a stream is entrenched
(entrenchment ratio of less than 1.4), the crossing width will
accommodate the flood prone width. Flood prone width is the
channel width measured at twice the maximum bankfull depth
(Rosgen 1996).
e. Minimum structure span is 6 feet.
2. Bed Material
a. Install clean alluvium with similar angularity as the
natural bed material, no crushed rock.
b. Bed material shall be designed based on the native
particle size distribution of the adjacent channel or reference
reach, as quantified by a pebble count.
c. Rock band designs as detailed in Water Crossings
Design Guidelines (Barnard et al. 2013) are authorized.
d. Bed material in systems where stream gradient
exceeds 3% may be conservatively sized to resist movement.
28 http://wdfw.wa.gov/publications/01501/
29 https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=12512
30 http://stream.fs.fed.us/fishxing/aop_pdfs.html
31 Active channel width means the stream width measured perpendicular to stream flow between the OHW lines, or at the channel bankfull
elevation if the OHW lines are indeterminate. This width includes the cumulative active channel width of all individual side- and off-channel
components of channels with braided and meandering forms, and measure outside the area influence of any existing stream crossing, e.g.,
five to seven channel widths upstream and downstream.
NWP-2013-429-1 Page 30 of 37 Enclosure 4
3. Scour Prism
a. Designs shall maintain the general scour prism, as a
clear, unobstructed opening (i.e., free of any fill, embankment, scour
countermeasure, or structural material to include abutments, footings,
and culvert inverts). No scour or stream stability countermeasure may
be applied above the general scour elevation.32
a. The lateral delineation of the scour prism is
defined by the criteria span.
b. The vertical delineation of the scour prism is
defined by the Lower Vertical Adjustment Potential (LVAP)
with an additional offset of 2 times D90, as calculated in
Stream Simulation: An ecological approach to providing
passage for aquatic organisms at road crossings (USDA-
Forest Service 2008).
b. When bridge abutments or culvert footings are set
back beyond the applicable criteria span they are outside the
scour prism.
4. Embedment
a. All abutments, footings, and inverts shall be placed
below the thalweg a depth of 3 feet, or the LVAP line with an
offset of 2 times D90, whichever is deeper.
i. AP, and 2 times D90 offset, as calculated in
Stream Simulation: An ecological approach to providing
passage for aquatic organisms at road crossings (USDA-
Forest Service 2008).
b. In addition to embedment depth, embedment of
closed bottom culverts shall be between 30% and 50% of the
culvert rise.
5. Bridges
a. Primary bridge structural elements will be concrete,
metal, fiberglass, or untreated timber. The use of treated wood for
bridge construction or replacement is not part of this proposed
action. The use of treated wood for maintenance and repair of
existing wooden bridges is part of the proposed action if in
conformance with project design criterion 29.
b. All concrete will be poured in the dry, or within
confined waters not connected to surface waters, and will be
allowed to cure a minimum of 7 days before contact with surface
water as recommended by Washington State Department of
Transportation (2010).
c. Riprap may only be placed below bankfull height of the
stream when necessary for protection of abutments and pilings. The
amount and placement of riprap will not constrict the bankfull flow.
d. Temporary work bridges will also meet the latest
version of NMFS (2011a) criteria.
32 For guidance on how to complete bridge scour and stream stability analysis, see Lagasse et al. (2012) (HEC-20), Lagasse et al. (2001)
(HEC-23), Richardson and Davis (2001) (HEC-18), ODOT (2011), and AASHTO (2013).
NWP-2013-429-1 Page 31 of 37 Enclosure 4
iii. The electronic notification for each permanent stream
crossing replacement will contain the following:
1. Site sketches, drawings, aerial photographs, or other
supporting specifications, calculations, or information that is
commensurate with the scope of the action, that show the active
channel, the 100-year floodplain, the functional floodplain, any
artificial fill within the project area, the existing crossing to be
replaced, and the proposed crossing.
2. A completed scour and stream stability analysis for any
crossing that includes scour or stream stability countermeasures
within the crossing opening that shows the general scour elevation
and the local scour elevation for any pier or interior bent.
3. The name, address, and telephone number of a person
responsible for designing this part of the action that NMFS may contact if
additional information is necessary to complete the effects analysis.
f. NMFS fish passage review and approval. The Corps will not issue a
permit to install, replace, or improve a road-stream crossing, step structure, fish
ladder, or projects containing grade control, stream stability, or headcut
countermeasures, until the action has been reviewed and approved by NMFS for
consistency with NMFS’s fish passage criteria (NMFS 2011a).
43. Utility Line Stream Crossings
a. Design utility line stream crossings in the following priority:
i. Aerial lines, including lines hung from existing bridges.
ii. Directional drilling, boring and jacking that spans the channel
migration zone and any associated wetland.
iii. Trenching – this method is restricted to intermittent streams and
may only be used when the stream is naturally dry, all trenches will be
backfilled below the OHW line with native material and capped with clean
gravel suitable for fish use in the project area.
b. Align each crossing as perpendicular to the watercourse as possible.
Ensure that the drilled, bored or jacked crossings are below the total scour prism.
c. Any large wood displaced by trenching or plowing will be returned as nearly
as possible to its original position, or otherwise arranged to restore habitat functions.
d. Any action involving a stormwater outfall will meet the stormwater
management criteria.33
e. NMFS will review new or upgraded stormwater outfalls.
33 The most efficient way for an applicant or the Corps to prepare and submit a stormwater management plan for NMFS’ review is to attach a
completed Checklist for Submission of a Stormwater Management Plan (the Checklist, ODEQ updated 2012, or the most recent version) with
the electronic notification when it is sent to the SLOPES mailbox. However, stormwater conveyance to a DEQ permitted Municipal Separate
Storm Sewer System (MS4) or consistency with any other program acknowledged by DEQ as adequate for stormwater management will not
meet the requirements of this opinion unless NMFS determines that the facility accepting the stormwater will provide a level of treatment that
is equivalent to that called for in this opinion. The Checklist and guidelines for its use are available from NMFS or the ODEQ in Portland
Oregon. The latest version of the Checklist is also available online in a portable document format (pdf) through the ODEQ Water Quality
Section 401 certification webpage (ODEQ 2014) at http://www.deq.state.or.us/wq/sec401cert/process.htm#add (see “Post Construction
Stormwater Management Plan”).
NWP-2013-429-1 Page 32 of 37 Enclosure 4
Action Completion Reporting. It is the applicant’s responsibility to submit this
form to the Corps within 60 days of completing all work below ordinary high water
(OHW). Upon receipt, the Corps will resubmit this form with the Action Completion
Report portion completed to NMFS at slopes.nwr@noaa.gov. If it is a Corps project,
the Corps shall complete and submit this form within 60 days of completing the
project.
Major hazard response reporting. It is the applicant’s responsibility to submit
this form to the Corps within 30 days of completing all work below OHW. Upon receipt,
the Corps will resubmit this form with the Action Completion Report portion completed
to NMFS at slopes.nwr@noaa.gov. If it is a Corps project, the Corps shall complete
and submit this form within 30 days of completing the project.
Fish Salvage Reporting. It is the applicant’s responsibility to submit this form to
the Corps within 60 days of completing a capture and release as part of an action
completed under SLOPES V Transportation. Upon receipt, the Corps will resubmit this
form with the Fish Salvage Report portion completed with the following information to
NMFS at slopes.nwr@noaa.gov. If it is a Corps project, the Corps shall complete and
submit this form within 60 days of completing fish salvage operations.
NWP-2013-429-1 Page 33 of 37 Enclosure 4
1. ACTION COMPLETION REPORT
The applicant shall submit this form to the Corps within 60 days of completing all work below ordinary
high water (OHW). The Corps shall submit this form to NMFS at slopes.nwr@noaa.gov upon receipt
from the applicant. If it is a Corps project, the Corps shall submit this form within 60 days of completing
all work below OHW.
Actual Start and End Dates for the
Completion of In-water Work: Start:
End:
Actual Linear-feet of Riparian and/or
Channel Modification within 150 feet of
OHW
Actual Acreage of Herbicide Treatment
Turbidity Monitoring/Sampling
Completed
Yes (include details
below) No
Please include the following:
1. Attach as-built drawings for any action involving a riprap revetment, stormwater
management facility, or a bridge rehabilitation or replacement.
2. Attach photos of habitat conditions before, during, and after action completion.
3. Describe compliance with fish screen criteria, as defined below, for any pump used.
4. Summarize results of pollution and erosion control inspections, including any erosion
control failure, contaminant release, and correction effort.
5. Describe number, type and diameter of any pilings removed or broken during removal.
6. Describe any riparian area cleared within 150 feet of OHW.
7. Describe turbidity monitoring (visual or by turbidimeter) including dates, times and
location of monitoring and any exceedances and steps taken to reduce turbidity
observed.
8. Describe site restoration.
If the project was a Major Hazard Response, ALSO include the following:
1. Name of the major hazard event.
2. Type of major hazard.
3. Name of the public transportation district manager that declared the response
necessary.
4. NMFS staff contacted, with date and time of contact.
5. Description of the amount and type of riprap or other material used to repair a culvert,
road, or bridge.
6. Assess the effects of the initial response to listed species and critical habitats.
7. Summary of the design criteria followed and not followed.
8. Remedial actions necessary to bring the initial response into compliance with design
criteria in this opinion.
NWP-2013-429-1 Page 34 of 37 Enclosure 4
2. FISH SALVAGE REPORT
If applicable: The applicant shall submit a completed Fish Salvage Report and Fish Salvage Data
Table (see below) to the Corps within 60 days of completing a capture and release as part of an action
completed under SLOPES V Transportation. The Corps will submit the report to NMFS at
slopes.nwr@noaa.gov upon receipt from the applicant. If it is a Corps project, the Corps shall submit
this form to NMFS within 60 days of completing a capture and release event.
Date(s) of Fish Salvage
Operation(s):
Supervisory Fish Biologist:
Address
Telephone Number
Describe methods that were used to isolate the work area and remove fish
NWP-2013-429-1 Page 35 of 37 Enclosure 4
Fish Salvage Data
Water Temperature:
Air Temperature:
Time of Day:
ESA-Listed Species
Number Handled Number Injured Number Killed
Juvenil
e
Adult Juvenil
e
Adult Juvenil
e
Adult
Lower Columbia River Chinook
Upper Willamette River Chinook
Upper Columbia River spring-run Chinook
Snake River spring/summer run Chinook
Snake River fall-run Chinook
Chinook, unspecified
Columbia River chum
Lower Columbia River Coho
Oregon Coast Coho
Southern Oregon/Northern California
Coasts Coho
Snake River sockeye
Lower Columbia River steelhead
Upper Willamette River steelhead
Middle Columbia River steelhead
Upper Columbia River steelhead
Snake River Basin steelhead
Steelhead, unspecified
Southern green sturgeon
Eulachon
NWP-2013-429-1 Page 36 of 37 Enclosure 4
3. SITE RESTORATION/ COMPENSATORY MITIGATION
By December 31 of any year in which the Corps approves that the site restoration or
compensatory mitigation is complete, the Corps, will submit a complete a Site
Restoration/Compensatory Mitigation Reporting Form, or its equivalent, with the following
information to NMFS at slopes.nwr@noaa.gov.
Describe location of mitigation or restoration work.
Summarize the results of mitigation or restoration work completed.
NWP-2013-429-1 Page 37 of 37 Enclosure 4
NWP-2013-429-1 Page 1 of 3 Enclosure 5
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD:January 31, 2019
B. NAME AND ADDRESS OF PERSON REQUESTING PJD:City of Tigard, Attn:
Andrew Newbury, 13125 SW Hall Blvd, Tigard, Oregon 97223
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: CENWP-OD-G, City of Tigard -
Fanno Creek Stabilization, NWP-2013-429-1
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AT DIFFERENT SITES)
State: Oregon County: Washington City: Tigard
Center coordinates of site (lat/long in degree decimal format):
Latitude: 45.419868° North, Longitude: 122.76278° West
Universal Transverse Mercator: (see Lat/Long above)
Name of nearest waterbody:
Fanno Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
܈ Office (Desk) Determination. Date: January 31, 2019
܆ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH “MAY BE” SUBJECT
TO REGULATORY JURISDICTION.
Site
Number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimate amount of
aquatic resource in
review area (acreage
and linear feet, if
applicable)
Type of aquatic
resource (i.e.,
wetland vs. non-
wetland)
Geographic authority
to which the aquatic
resource “may be”
subject (i.e., Section
404 or Section
10/404)
Fanno Creek 45.419868 -122.76278 0.2 non-wetland
waters Section 404
------
------
------
------
------
NWP-2013-429-1 Page 2 of 3 Enclosure 5
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources
in the review area, and the requestor of this PJD is hereby advised of his or her
option to request and obtain an approved JD (AJD) for that review area based on an
informed decision after having discussed the various types of JDs and their
characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a
Nationwide General Permit (NWP) or other general permit verification requiring
"preconstruction notification" (PCN), or requests verification for a non-reporting NWP
or other general permit, and the permit applicant has not requested an AJD for the
activity, the permit applicant is hereby made aware that: (1) the permit applicant has
elected to seek a permit authorization based on a PJD, which does not make an
official determination of jurisdictional aquatic resources; (2) the applicant has the
option to request an AJD before accepting the terms and conditions of the permit
authorization, and that basing a permit authorization on an AJD could possibly result
in less compensatory mitigation being required or different special conditions; (3) the
applicant has the right to request an individual permit rather than accepting the
terms and conditions of the NWP or other general permit authorization; (4) the
applicant can accept a permit authorization and thereby agree to comply with all the
terms and conditions of that permit, including whatever mitigation requirements the
Corps has determined to be necessary; (5) undertaking any activity in reliance upon
the subject permit authorization without requesting an AJD constitutes the
applicant's acceptance of the use of the PJD; (6) accepting a permit authorization
(e.g., signing a proffered individual permit) or undertaking any activity in reliance on
any form of Corps permit authorization based on a PJD constitutes agreement that
all aquatic resources in the review area affected in any way by that activity will be
treated as jurisdictional, and waives any challenge to such jurisdiction in any
administrative or judicial compliance or enforcement action, or in any administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an
AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a
proffered individual permit (and all terms and conditions contained therein), or
individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part
331. If, during an administrative appeal, it becomes appropriate to make an official
determination whether geographic jurisdiction exists over aquatic resources in the
review area, or to provide an official delineation of jurisdictional aquatic resources in
the review area, the Corps will provide an AJD to accomplish that result, as soon as
is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there
"may be" navigable waters of the U.S. on the subject review area, and identifies all
aquatic features in the review area that could be affected by the proposed activity,
based on the following information:
NWP-2013-429-1 Page 3 of 3 Enclosure 5
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
܈ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: from JPA
܆ Data sheets prepared/submitted by or on behalf of the PJD requestor.
܆ Office concurs with data sheets/delineation report.
տ Office does not concur with data sheets/delineation report. Rationale:
܆ Data sheets prepared by the Corps:
܆ Corps navigable waters’ study:
܈ U.S. Geological Survey Hydrologic Atlas: in eGIS
܈ USGS NHD data
܆ USGS 8 and 12 digit HUC maps.
܆ U.S. Geological Survey map(s). Cite scale & quad name:
܆ Natural Resources Conservation Service Soil Survey. Citation:
܆ National wetlands inventory map(s). Cite name:
܆ State/local wetland inventory map(s):
܆ FEMA/FIRM map(s):
܆ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
܆ Photographs ܆ Aerial (Name & Date):
or ܆ Other (Name & Date):
܆ Previous determination(s). File no. and date of response letter:
܆ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
determinations.
Signature and date of Regulatory Signature and date of person requesting
staff member completing PJD PJD (REQUIRED, unless
obtaining the signature is impracticable)
1
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not
respond within the established time frame, the district may presume concurrence and no additional follow
up is necessary prior to finalizing an action.
BOND.CARRIE.
L.1116167340
Digitally signed by
BOND.CARRIE.L.1116167340
DN: c=US, o=U.S. Government,
ou=DoD, ou=PKI, ou=USA,
cn=BOND.CARRIE.L.1116167340
Date: 2019.03.14 09:08:13 -07'00'
NWP-2013-429-1 Page 1 of 2 Enclosure 6
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: City of Tigard
File Number: NWP-2013-429-1 Date: 3-14-19
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
X PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional
information may be found in Corps regulations at 33 CFR Part 331, or at
http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/FederalRegulation.aspx
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date
of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary
JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting
the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate
the JD.
NWP-2013-429-1 Page 2 of 2 Enclosure 6
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the appeal
process you may contact:
Mr. William D. Abadie
U.S. Army Corps of Engineers
Portland District Office
PO Box 2946
Portland, OR 97208-2946 Telephone: (503)808-4373
If you only have questions regarding the appeal process you may
also contact:
Melinda M. Witgenstein, Regulatory Appeals Review Officer
U.S. Army Corps of Engineers, Northwestern Division
P.O. Box 2870
Portland, OR 97208-2870 Telephone: (503) 808-3888
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
_______________________________
Signature of appellant or agent.
Date: Telephone number:
NWP- Enclosure
1.Permit Number: NWP-
2.Permittee Name:
3.County Location:
Upon completing the activity authorized by the permit, please complete the sections
below, sign and date this certification, and return it to the U.S. Army Corps of Engineers,
Portland District, Regulatory Branch. The certification can be submitted by email at
cenwp.notify@usace.army.mil or by regular mail at the following address:
U.S. Army Corps of Engineers
CENWP-OD-GL
P.O. Box 2946
Portland, OR 97208-2946
4.Corps-required Compensatory Mitigation (see permit special conditions):
a.Mitigation Bank / In-lieu Fee Credit Transaction Documents:
☐ Not Applicable ☐ Submitted ☐ Enclosed
b.Permittee-responsible mitigation (e.g., construction and plantings) has been
constructed (not including future monitoring). As-built report:
☐ Not Applicable ☐ Submitted ☐ Enclosed
5. Endangered Species Act – Standard Local Operating Procedures (SLOPES)
(see permit special conditions):
a.SLOPES Action Completion Report:
☐ Not Applicable ☐ Submitted ☐ Enclosed
b.SLOPES Fish Salvage Report:
☐ Not Applicable ☐ Submitted ☐ Enclosed
c.SLOPES Site Restoration / Compensatory Mitigation Report:
☐ Not Applicable ☐ Submitted ☐ Enclosed
I hereby certify the work authorized by the above-referenced permit has been
completed in accordance with all of the permit terms and conditions.
____________________________________________
Signature of Permittee Date
Compliance Certification
regonKate Brown, GovernorDepartment of Environmental QualityNorthwest Region Portland Office/Water Quality700 NE Multnomah Street, Suite 600Portland, OR 97232-4100(503) 229-5263FAX (503) 229-6957TTY711November 28, 2018Andrew NewburyCity of Tigard13125 SW Hall Blvd.Tigard, OR 97223RE: Nationwide 401 Water Quality Certification Approval for 2013-00429-1, Fanno Creek BankStabilization at Arthur CourtThe US Army Corps of Engineers (USAGE) has determined that your project will be authorized underNationwide Permit (NWP) category #13. As described in the application package received and reviewedby the Oregon Department of Environmental Quality (DEQ), the project qualifies for the NationwideSection 401 Water Quality Certification (WQC), subject to the conditions outlined below. If you cannotmeet all conditions of this 401 WQC, you may apply for a standard individual certification. A standardindividual certification will require additional information and higher fees will apply.Certification Decision: Based on information provided by USAGE and the Applicant, DEQ isreasonably assured that implementation-eligible activities under the proposed NWP will be consistentwith applicable provisions of Sections 301, 302, 303,306, and 307 of the federal Clean Water Act, statewater-quality standards set forth in Oregon Administrative Rules Chapter 340 Division 41, and otherappropriate requirements of state law, provided the following conditions are incorporated into the federalpermit and strictly adhered to by the Applicant.In addition to all USAGE national and regional permit conditions, the following 401 WQCconditions apply to all NWP categories that qualify for the Nationwide 401 WQC.401 GENERAL CERTIFICATION CONDITIONS1) Responsible parties: This 401 WQC applies to the Applicant. The Applicant is responsible forthe work of its contractors and sub-contractors, as well as any other entity that performs workrelated to this WQC,2) Work Authorized: Work authorized by this 401 WQC is limited to the work described in theApplication or Pre-Construction Notification submitted to the USAGE and additional applicationmaterials (hereafter "the permit application materials"), unless otherwise authorized by DEQ. Ifthe project is operated in a manner not consistent with the project description contained in thepermit application materials, the Applicant is not in compliance with this 401 WQC and may besubject to enforcement.3) A copy of this 401 WQC must be kept on the job site and readily available for reference byApplicant and its contractors, as well as by DEQ, USAGE, National Marine Fisheries Service
Project Name: Fanno Creek Bank Stabilization at Arthur CourtProject Number: 2013-00429-1Page 2 of 10(NMFS), Oregon Department of Fish and Wildlife (ODFW), and other appropriate state and localgovernment officials.4) In accordance with OAR 340-048-0050, DEQ may modify or revoke this 401 WQC if projectactivities are having an adverse impact on state water quality or beneficial uses, or if the Applicantis otherwise in violation of the conditions of this certification.5) The Applicant and its contractors must allow DEQ access to the project site, staging areas, andmitigation sites to monitor compliance with these 401 WQC conditions, including:a. Access to any records, logs, and reports that must be kept under the conditions of this 401WQC;b. To inspect best management practices (BMPs), monitoring or operational equipment ormethods; andc. To collect samples or monitor any discharge of pollutants.6) Failure of any person or entity to comply with this Order may result in the issuance of civil penaltiesor other actions, whether administrative or judicial, to enforce its terms.7) Land Use Compatibility Statement: In accordance with OAR 340-048-0020(2) (i), eachApplicant must submit findings prepared by the local land use jurisdiction that demonstrates theactivity's compliance with the local comprehensive plan. Such findings can be submitted usingthe appropriate section of the USAGE & DSL Joint Permit Application, signed by the appropriatelocal official and indicating:a. "This project is consistent with the comprehensive plan and land use regulations;" or,b. "This project will be consistent with the comprehensive plan and land use regulationswhen the following local approvals are obtained," accompanied by the obtained localapprovals.c. Rarely, such as for federal projects on federal land, "this project is not regulated by thecomprehensive plan" will be acceptable.In lieu of submitting the appropriate section of the USAGE & DSL Joint Permit Application, theApplicant may use DEQ's Land Use Compatibility Statement form found at:http://www.oreflon.flov/deq/FilterDocs/lucs.pdfFOR PROJECTS THAT PROPOSE CONSTRUCTION. THE FOLLOWING GENERALCONDITIONS APPLY8) Erosion and Sediment Control: During construction, erosion and sediment control measuresmust be implemented to prevent or control movement of sediment, soil or pollutants into watersof the state. The Applicant is required to develop and implement an effective erosion and sedimentcontrol plan. Any project that disturbs more than one acre is required to obtain an NPDES1200-C construction stormwater permit from DEQ. In addition, the Applicant (or responsibleparty) must:a. Where practicable, use removable pads or mats to prevent soil compaction at allconstruction access points through, and staging areas in, riparian or wetland areas toprevent soil compaction.
Project Name: Fanno Creek Bank Stabilization at Arthur CourtProject Number: 2013-00429-1Page 3 of 10b. Demarcate wetlands not specifically authorized to be impacted to protect from disturbanceand/or erosion.c. Place dredged or other excavated material on upland areas with stable slopes to preventmaterials from eroding back into waterways or wetlands. Place BMPs as necessary tostabilize and prevent erosion.9) Spill Prevention: The Applicant must fuel, operate, maintain and store vehicles, and must storeconstruction materials, in areas that will not impact water quality either directly or due to potentialdischarges.10) Spill & Incident Reporting:a. In the event that petroleum products, chemicals, or any other deleterious materials aredischarged into state waters, the discharge must be promptly reported to the OregonEmergency Response Service (OERS, 1-800-452-0311). Containment and cleanup mustbegin immediately and be completed as soon as practicable.b. If the project operations result in distressed or dying fish, the operator must immediately:cease operations; take appropriate corrective measures to prevent further environmentaldamage; and immediately notify DEQ and ODFW.11) Vegetation Protection and Site Restoration:a. The Applicant must protect riparian, wetland, and shoreline vegetation in the authorizedproject area from disturbance through one or more of the following:i. Minimization of project and impact footprint;ii. Designation of staging areas and access points in open, upland areas;iii. Fencing and other barriers demarking construction areas; andiv. Use of alternative equipment (e.g., spider hoe or crane).b. If authorized work results in any vegetative disturbance and the disturbance has not beenaccounted for in planned mitigation actions, the Applicant must successfully reestablishvegetation to a degree of function equivalent or better than before the disturbance.12) The Applicant shall avoid and protect from harm, all wetlands and riparian areas located within50 feet of USAGE jurisdictional waters, unless proposed, neccesary, and approved as part of theproject. If a local jurisdiction has a more stringent buffer requirement, that requirement willoverride this certification requirement.FOR PROJECTS THAT PROPOSE IN-STREAM WORK IN JURISDICTIONAL WATERS13) Fish protection/Oregon Department of Fish and Wildlife timing: The Applicant must performin-water work only within the Oregon Department of Fish and Wildlife preferred time window asspecified in the Oregon Guidelines for Timing ofln-Water Work to Protect Fish and WildlifeResources, or as authorized otherwise under a USAGE permit and/or Department of State Landsremoval/fill permit. Exceptions to the timing window must be recommended by OregonDepartment of Fish and Wildlife, the National Marine Fisheries Services and/orthe US Fish andWildlife as appropriate.14) Aquatic life movements: Any activity that may disrupt the movement of aquatic life living in thewater body, including those species that normally migrate through the area, is prohibited. The
Project Name: Fanno Creek Bank Stabilization at Arthur CourtProject Number: 2013-00429-1Page 4 of 10Applicant must provide unobstructed fish passage at all times during any authorized activity,unless otherwise approved in the approved application.15) Turbidity: The Applicant must implement appropriate Best Management Practices (BMPs) tominimize turbidity during in-water work. Any activity that causes turbidity to exceed 10% abovenatural stream turbidity is prohibited except as specifically provided below:a. Monitoring: Turbidity monitoring must be conducted and recorded as describedbelow. Monitoring must occur at two hour intervals each day during daylight hourswhen in-water work is being conducted. A properly calibrated turbidimeter is requiredunless another monitoring method is proposed and authorized by DEQ.i. Representative Backflround Point: The Applicant must take and record a turbiditymeasurement every two hours during in-water work at an undisturbed area. Abackground location shall be established at a representative locationapproximately 100 feet upcurrent of the in water activity unless otherwiseauthorized by DEQ. The background turbidity, location, date, tidal stage (ifapplicable) and time must be recorded immediately prior to monitoringdowncurrent at the compliance point described below.ii. Compliance Point: The must monitor every two hours. A compliance locationshall be established at a representative location approximately 100 feetdowncurrent from the disturbance at approximately mid-depth of the waterbodyand within any visible plume. The turbidity, location, date, tidal stage (if applicable)and time must be recorded for each measurement.b. Compliance: The Applicant must compare turbidity monitoring results from thecompliance points to the representative background levels taken during each two -hour monitoring interval. Pursuant to OAR 340-041-0036, short term exceedances ofthe turbidity water quality standard are allowed as follows:MONITORING WITH A TURBIDIMETER EVERY 2 HOURSTURBIDITY LEVEL0 to 4 NTU above background5 to 29 NTU above background30 to 49 NTU above background50 NTU or more above backgroundRestrictions to Duration of ActivityNo RestrictionsWork may continue maximum of 4 hours. Ifturbidity remains 5-29 NTU above background,stop work and modify BMPs. Work may resume_when NTU is 0-5 above background.Work may continue maximum of 2 hours. Ifturbidity remains 30-49 NTU above background,stop work and modify BMPs. Work may resumewhen NTU is 0-5 above background.Stop work immediately and inform DEQc. Reporting: The Applicant must record all turbidity monitoring required bysubsections (a) and (b) above in daily logs. The daily logs must include calibrationdocumentation; background NTUs; compliance point NTUs; comparison of the pointsin NTUs; location; date; time; and tidal stage (if applicable) for each reading.
Project Name: Fanno Creek Bank Stabilization at Arthur CourtProject Number: 2013-00429-1Page 5 of 10Additionally, a narrative must be prepared discussing all exceedances withsubsequent monitoring, actions taken, and the effectiveness of the actions. Applicantmust make available copies of daily logs for turbidity monitoring to DEQ, USAGE,NMFS, USFWS, and ODFW upon request.d. BMPs to Minimize In-stream Turbidity: The Applicant must implement the followingBMPs, unless otherwise accepted by DEQ:i. Sequence/Phasing of Work - The Applicant must schedule work activities so as tominimize in-water disturbance and duration of in-water disturbances;ii. Bucket control - All in-stream digging passes by excavation machinery andplacement of fill in-stream using a bucket must be completed so as to minimizeturbidity. All practicable techniques such as employing an experienced equipmentoperator, not dumping partial or full buckets of material back into the wettedstream, adjusting the volume, speed, or both of the load, or using a closed-lippedenvironmental bucket must be implemented;iii. The Applicant must limit the number and location of stream-crossing events.Establish temporary crossing sites as necessary in the least sensitive areas andamend these crossing sites with clean gravel or other temporary methods asappropriate;jv. Machinery may not be driven into the flowing channel, unless authorized by DEQ;andv. Excavated material must be placed so that it is isolated from the water edge orwetlands, and not placed where it could re-enter waters of the state uncontrolled.FOR PROJECTS THAT INCLUDE NEW IMPERVIOUS SURFACES OR REDEVELOPMENTOF EXISTING SURFACES, THE FOLLOWING CONDITIONS APPLY16) Post-Construction Stormwater Management: For projects which propose new impervioussurfaces or the redevelopment of existing surfaces, the Applicant must submit a post-construction stormwater management plan to DEQ for review and approval prior to construction,in order to ensure compliance with water quality standards. The Applicant must implement BMPsas proposed in the stormwater management plan, including operation and maintenance. Ifproposed stormwater facilities change due to site conditions, the Applicant must notify DEQ.In lieu of a complete stormwater management plan, the Applicant may submit documentation ofacceptance of the stormwater into a DEQ permitted National Pollutant Discharge EliminationSystem (NPDES) Phase I Municipal Separate Storm Sewer System (MS4).17) Stormwater Management & System Maintenance: The Applicant is required to implementeffective operation and maintenance practices for the lifetime of the proposed facility.CATEGORY-SPECIFIC CONDITIONSIn addition to all national and regional conditions of the USAGE permit and the 401 Water QualityCertification general conditions above, the following conditions apply to the noted specificcategories of authorized activities.
Project Name: Fanno Creek Bank Stabilization at Arthur CourtProject Number: 2013-00429-1Page 6 of 10NWP 7 - Outfall Structures and Associated Intake Structures:7.1) The following actions are denied certification:a. Discharge outfalls that are not subject to an NPDES permit; andb. Outfalls that discharge stormwater without pollutant removal demonstrated to meet water-quality standards prior to discharge to waters of the state.7.2) If an Applicant cannot obtain an NPDES permit or submit an approvable stormwatermanagement plan per DEQ's Guidelines found at:http://www.oreflon.aov/dea/FilterDocs/401wacertPostCon.pdf the Applicant must submitcomplete project information and water quality impacts analysis directly to DEQ in order toundergo individual 401 WQC evaluation and fulfill public participation requirements.NWP 12-Utility Lines:12.1) For proposals that include directionally-bored stream or wetland crossings:a. All drilling equipment, drill recovery and recycling pits, and any waste or spoil produced,must be completely isolated, recovered, then recycled or disposed of to prevent entry intowaters of the state.b. In the event that drilling fluids enter a water of the state, the equipment operator muststop work, immediately initiate containment measures and report the spill to the OregonEmergency Response System (OERS) at 800-452-0311.c. An adequate supply of materials needed to control erosion and to contain drilling fluidsmust be maintained at the project construction site and deployed as necessary.d. The Applicant must have a contingency plan in place prior to construction for theinadvertent return of drilling lubricant.12.2) For proposals that include utility lines through wetlands, include anti-seep collars or equivalenttechnology to prevent draining the wetlands.NWP 13 - Bank Stabilization:13.1) Projects that do not include bioengineering are denied certification, unless a registeredprofessional engineer provides a written statement that non-bioengineered solutions arethe only means of protection.13.2) To apply for certification for a project without bioengineering, the Applicant must submitcomplete project information and water quality impacts analysis directly to DEQ in orderto undergo individual 401 WQC evaluation and fulfill public participation requirements.NWP 14 - Linear Transportation:
Project Name: Fanno Creek Bank Stabilization at Arthur CourtProject Number: 2013-00429-1Page 7 of 1014.1) For projects that include bank stabilization, bioengineering must be a component of theproject, unless a registered professional engineer provides a written statement that non-bioengineered solutions are the only means to protect an existing structure.14.2) To apply for certification for a project without bioengineering, the Applicant must submit completeproject information and water quality impacts analysis directly to DEQ in order to undergoindividual 401 WQC evaluation and fulfill public participation requirements.NWP 16 - Return Water from Contained Upland Disposal Areas: Water-quality criteria and guidancevalues for toxics, per OAR 340-041-0033, are available in Tables 30, 31, and 40 at:http://www.orec)on.qov/deq/Rulemakinq%2QDocs/tables303140.pdf.16.1) Discharge of return water from contaminated dredged material that exceeds a chronic or acutetoxicity water quality standard is prohibited.16.2) Water removed with contaminated dredged material that could or does exceed chronic water-quality criteria must be contained and disposed of at an appropriately sized and sealed uplandfacility by evaporation or infiltration.16.3) If a Modified Elutriate Test (MET) is performed for the known contaminants of concern (CoCs)and CoC concentrations are below DEQ chronic water-quality criteria, return water discharge isnot limited.a. The MET must be performed before dredging.b. DEQ must approve the list of CoCs and analytical method prior to the Applicantperforming the MET.c. DEQ must review the results and provide approval of discharge from return water, inwriting, prior to dredging.NWP 20 - Response Operations for Oil and Hazardous Waste:20.1) Coordination with DEQ's Emergency Response program is required. See:http://www.orecion.aov/deQ/Hazards-and-Cleanup/env-cleanup/Pac)es/Emerciency-Response.aspx.NWP 22 - Removal of Vessels:22.1) Coordination with DEQ's Emergency Response program is required. See:http://www.orecion.qov/deq/l-lazards-and-Cleanup/env-cleanup/PaQes/Emerflencv-Response.aspx.NWP 31 - Maintenance of Existing Flood Control Facilities:31.1) Projects in streams with temperature TMDLs which result in a net reduction of riparian shade areprohibited.NWP 38 - Cleanup of Hazardous and Toxic Waste:
Project Name: Fanno Creek Bank Stabilization at Arthur CourtProject Number: 2013-00429-1Page 8 of 1038.1) For removal of contaminated material from waters, dredging method is limited to diverassisted hydraulic suction, hydraulic suction, closed-lipped environmental bucket, orexcavation in the dry, unless otherwise authorized by DEQ.a. For in-water isolation measures, the Applicant is referred to Appendix D of DEQ's OregonErosion and Sediment Control Manual, April 2005 (or most current version), at:http://www.dea.state.or.us/wQ/stormwater/docs/escmanual/appxd.pdf.38.2) Discharge to waters of the state resulting from dewatering during dredging or release of returnwater from an upland facility is prohibited except as provided below.a. All water removed with sediment must be contained and disposed of at an appropriatelysized and sealed upland facility by evaporation or infiltration; or,b. A Modified Elutriate Test (MET) may be performed for the known Contaminants ofConcern (CoCs) and if CoC concentrations are below DEQ chronic water-quality criteria;return water discharge is not limited.i. The MET must be performed before dredging.ii. DEQ must approve the list of CoCs and analytical method prior to the Applicantperforming the MET.iii. DEQ must review the results and provide approval of discharge from dewateringand return water in writing prior to dredging.38.3) Dredged material must be disposed of in compliance with DEQ Rules governingHazardous Waste (see: http://www.oreflon.flov/deq/Hazards-and-Cleanup/hw/Pages/default.aspx) or Solid Waste (see:httD://www.oreaon.aov/dea/mm/swpermits/Pages/Solid-Waste-Disposal-Sites-and-Landfill.aspx).38.4) The new in-water surface must be managed to prevent exposure or mobilization ofcontaminants.NWP 41 - Reshaping Existing Drainage Ditches:41.1) To the extent practicable, the Applicant must work from only one bank in order to minimizedisturbance to existing vegetation, preferably the bank with the least existing vegetation;41.2) Following authorized work, the Applicant must establish in-stream and riparian vegetation onreshaped channels and side-channels using native plant species wherever practicable.Plantings must be targeted to address water-quality improvement (e.g., provide shade to water toreduce temperature or provide bank stability through root systems to limit sediment inputs).Planting options may include clustering orvegetating only one side of a channel, preferably theside which provides maximum shade.NWP 42 - Recreational Facilities:42.1) For facilities that include turf maintenance actions, the Applicant must develop and implement anIntegrated Pest Management Plan (IPM) that describes pest prevention, monitoring and controltechniques with a focus on prevention of chemical and nutrient inputs to waters of the state,including maintenance of adequate buffers for pesticide application near salmonid streams, or
Project Name: Fanno Creek Bank Stabilization at Arthur CourtProject Number: 2013-00429-1Page 9 of 10coverage under an NPDES permit, if required (information is available at:http://www.oreflon.c)ov/deq/wq/wapermits/Pacies/Pesticide.aspx).NWP 43 - Stormwater Management Facilities:43.1) Projects that propose the following elements are denied certification:a. In-stream or wetland stormwater facilities;b. Discharge outfalls not subject to an NPDES permit; and,c. Proposals that do not demonstrate pollutant removal to meet water-quality standards priorto discharge to waters of the state.43.2) To apply for certification for a project with in-stream stormwater facilities, without an NPDESpermit, or without submittal of an approvable stormwater management plan per DEQ'sGuidelines (at: http://www.oreflon.c)ov/deq/FilterDocs/401wqcertPostCon.pdf), the Applicant mustsubmit complete project information and water quality impacts analysis directly to DEQ in orderto undergo individual 401 WQC evaluation and fulfill public participation requirements.NWP 44 - Mining Activities:44.1) Projects that do not obtain an NPDES 700-PM or Individual permit are denied certification.44.2) To apply for certification for a project without an NPDES permit, the Applicant must submitcomplete project information and water quality impacts analysis directly to DEQ in order toundergo individual 401 WQC evaluation and fulfill public participation requirements.NWP 51 - Land-Based Renewable Energy Generation Facilities:51.1) For associated utility lines with directionally-bored stream or wetland crossings proposed,condition 12.1 must be applied.NWP 54 - Living Shorelines54.1) Projects that do not include bioengineering are denied certification, unless a registeredprofessional engineer provides a written statement that non-bioengineered solutions arethe only means of protection.If the Applicant is dissatisfied with the conditions contained in this certification, a hearing may berequested. Such request must be made in writing to DEQ's Office of Compliance and Enforcement at700 NE Multnomah St, Suite 600, Portland Oregon 97232, within 20 days of the mailing of thiscertification.The DEQ hereby certifies that this project complies with the Clean Water Act and state rules, with theabove conditions. If you have any questions, please contact Dan DeFehr at 503-229-5395, by email atDefehr.Daniel@deq.state.or.us, or at the address on this letterhead.Sincerely, ^ s /. ^ ^.Steve Mrazik,
Project Name: Fanno Creek Bank Stabilization at Arthur CourtProject Number: 2013-00429-1Page 10 of 10Water Quality ManagerNorthwest Regionec: Andrew Newbury (andrewN@tJaard-or.qov)Daniel Schall (daniel.schall@woodplc.com)Carrie Bond (carrie.1.bond@usace.army.mil)10