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Application APPLICANT 11/17/2021 (2)
STORMWATER MANAGEMENT OPERATIONS AND MAINTENANCE PLAN Glenwood Electrical Substation Tax Map 18-03-03-13, Tax Lot 101 Springfield, OR BEI Project 18-107 For Springfield Utility Board Attn: Nick Amann 1001 Main Street Springfield, OR 97477 CC: Rick Satre The Satre Group 375 West 4" Ave., Suite 201 Eugene, OR 97401 tsr_ancn November 12t', 2021 E-N'GINEERING-. Since 1977 civil • transportation 3105th Street structural • geotechnical Springfield, OR 97477 SURVEYING p: 541.746.0637 www.BranchEngineering.com IF: 541.746.0389 TECHNICAL MEMORANDUM (P)ranch E'N'GINEERING Since 1177 DATE: November 12", 2021 PROJECT: Glenwood Electrical Substation Stormwater Operations & Maintenance Plan TO: Springfield Utility Board Atm Nick Amann 1001 Main Street Springfield, OR 97477 CC: Rick Satre The Satre Group 375 West 41" Ave., Suite 201 Eugene, OR 97401 City of Springfield ATTN: Kyle Greene FROM: Nathan Patterson, P.E. Branch Engineering RE: Stormwater Operations & Maintenance Plan for Glenwood Electrical Substation Branch Project#: 18-107 This stormwater management operations and maintenance plan was prepared for the Glenwood Electrical Substation project in Springfield, Oregon. City of Springfield regulations requires a stormwater management system operations and maintenance plan. The stormwater management system includes rain gardens, swales, level spreaders, filter strips, a detention basin and other miscellaneous conveyance infrastructure. The various facilities operation and maintenance logs and schedule have been included in the appendices. The Appendices includes the following items: APPENDIX A: . Notice of Operations and Maintenance Agreement Legal Description APPENDIX B: • Operations & Maintenance Agreement Site Review iltility Plan APPENDIX C Swale Operation and Maintenance Plan Detention Ponds Operations and Maintenance Plan Level Spreader Operations and Maintenance Plan Filter Strip Operation and Maintenance Plan Rain Garden Operation and Maintenance Plan Stormwater Management Facility Inspection & Maintenance Log EUGENE-SPRINGNELn SALEM-KEIZER 310 Sth Street, Springfield, OR 97477 1 p: 541.746.0637 1 E 541.746.0389 1 �.branchenginennrg.conn Operations & Maintenance Plan (18-107) November 12", 2021 The following are instructions for these documents DOCUMENT INSTRUCTIONS Appendix A- Notice of Operations & Maintenance Agreement The Notice of O&M Agreement identifies the property as having stormwater management Facilities on the property and identifies the financial method used to cover future operations and maintenance. The Notice of O&M Agreement must be completed and then recorded at Lane County Deeds and Records. Signatures on the Notice shall be notarized. The Notice may be submitted in person or mailed, along with payment of the applicable fees, to the County Recorder's Office, Lane County Deeds and Records, 125 E. 8th Avenue, Eugene, OR 97401, http://w v.co.Ime.or.us/Al_PropRec/default.htm. The property description on the Notice must be a full legal description of the property and may not be a tax lot number. Legal descriptions may be obtained from the county assessor's office. This Notice shall be printed on legal -sized (8 % x 14) paper to facilitate the recording process. If printed on smaller paper, additional recording fees may apply. Appendix B- Operations & Maintenance Agreement The completed Form must identify the owner's name, address, and phone number, the site address, financial method used to cover future operation and maintenance, and parties responsible for inspecting and maintaining the facility. The Operations & Maintenance Agreement does not need to be recorded. A copy of the stormwater management site plan shall be attached to the Operations & Maintenance Agreement. The plan, approved as part of the permit for development, must show the location of the facility on the site, the sources of runoff entering the facility, and the ultimate stormwater destination. Appendix C- stormwater Management Facility Inspection and Maintenance Log Stormwater management facility inspection and maintenance logs must be kept on file by facility owners. Logs should note all inspection dates, the facility components that were inspected, and any maintenance or repairs made. The facility --specific O&M plans can serve as a checklist for what should be included in the log (e.g. the facility elements that need to be inspected, frequency of inspection, conditions that indicate maintenance is needed, etc.) BRANCH ENGINEERING, INC. APPENDIX A NOTICE OF OPERATIONS & MAINTENANCE AGREEMENT EXHIBIT A: LEGAL DESCRIPTION b Q° {' p O P.W 40 N f� w o➢ o uA `�' E i.d m � ° y o m aro3 add �'F^m'a` e m cp'y z O R` y � p� m � a o '� w ,d � o. C « 'ctl � � y;, i � yi •� G � >� " .o p c E am mom,°, U.S v E.c o b $y'3 jii NWL NC O`tlV "CQ �d C= NT 9 Std `� i 3J^ o m a o m �aj vw o .. o.E v;�hEQ _mow nom. F'n n3 RO F4 P]�.0 -c. cv 0 m 0 3 0 \c I APPENDIX B OPERATIONS & MAINTENANCE AGREEMENT UTILITY PLAN Operations and Maintenance Agreement Private Stormwater Management and Treatment System Land Development Application Number: 81 1-19-000084-TYP2 Owner's Name: Sorinafield Utility Board Phone No.: Mailing Address: 1001 MainStreet City Sorinafield State OR Zip97477 Site Address: No Street Addreec CitySDrinafield State(jq Zipg7477 Site Map and Tax lot No.: 18-03-03-13-00101 (Or attach document mlth addihmed lot information if the facility crosses more than one lot) Type of Facility(ies) Substation Requirements 1) Stormwater Management Site Plan, (min. 8 1/2" x 11" attached to this form) showing the location of the facility(ies) in relation to building structures or other permanent monuments on the site, sources of runoff entering the facility(ies), and where stormwater will be discharged to atter leaving the facility(ies). Landscape and vegetation should be clear on the Plan submitted or submit a separate Landscape Plan document showing vegetation type, location, and quantity (landscape plan). These can be the same Plans submitted for development review. The str rmwater management facility(ies) shown on the Site Plan are a required condition of development approval for the identified property. The owner of the identified property is required to operate and maintain the facility(ies) in accordance with the Facility Specific Operation and Maintenance Plans) (O&M Plan(s)) attached to this form and on file with the City. The O&M Plan for the facility(ies) will be available at the Development and Public Works Department, 225 5s' Street, Springfield, Oregon between the hours of 8 a.m. and 5 p.m., Monday through Friday. 2) Financially responsible party (circle one): Property Owner Homeowner Association Other (describe) 3) Party(ies) responsible for maintenance (only if other than owner). Daytime phone no. ( Emergency/after-hours contact phone no. �) Maintenance Contact Party(ies) Name & Business Address: 4) Maintenance practices and schedule for the stormwater facility(ies) are included in the Facility Specific O&M Plan(s) attached to this form and filed with the Development and Public Works Department, City of Springfield. The operation and maintenance practices are based on the version of the City of Eugene's Stormwater Management Manual in effect at the date of development application, as modified by any plans attached to this document at the time of signing. Application Date: Tentative Site Plan Review Decision 5-17-2019 By signing below, Filer accepts and agrees to the terms and conditions contained in the Operations and Maintenance Plans) and in any document executed by Filer and recorded with it. Filer Signature: Print Name: Appendix 3A-2 xel 01/26/16 Page 1 of 1 EDSP Adopted December 03, 2012 .Y 9NH' ---meg/ - m1 ._ ¢ .//✓.r'/' /5 / PE /A / .s 172 2SUPC ED RINK 115 �R DR D�wnD xsmI' oE,uis. SJea J 1 Rl r o �A oNoo Y ] RAIN GAR Er 4 �COO y§ !l E, , SEE Suia - - V- O 1 X, o ODE,WY /,_ _ \ DIRCIE, DONE PER HES,E�XD %anch -- G- ED "E w l-- ,z - ENGINEERING_ ,.USS iY [uxttM XIXIX xW,INSO nvo nw, ou, N z- UP wIgXO "Sx {LLW V A�� art ,0 mow momma l . i DETENTION SAS IN - SECTIONAA 15 E� AAXA 5,� EF 0 °ROF NEOPERS mSn cv E t HER oswt PLw 4 RUU N ,°, 11 UPS, ,ALLY SICNfU \`\\\ T --QNrrem.SiRCED TE l� PRI C -D- , P,CjNI FILTER STRIP SECTION - SECTIONBB 51 ` DRNPHE sce,c o �\ \ EEDxE EPW ,mos - _ z PSI:\ \ mRADI . �XNN R SEE RDDD PER RXm , NPPUNN �\DUCHE OR ED UNN, 0. m < '\�\ jam\ � Oq RAIN GARDEN BZ - SECTION C -C m �x/ EES PKI -11 3D2 CONSTRUCTION �` CONSTRDCTION NOTES J 610RYWI]ER O HOPE VIN. RKEDCH PER UEDOL 1. SHEET SO h \ OFURNISCH Onx�W�REES�� 111" 11 TEVERCH PER — 1. m , H o 0 .1 H�PP 55fi _ O Xv Q "HUNE Q R., PlRO ".CH µD N51.1LL SHAM NUN PDT Pa NESE , .NEL, E, , H H.ND O JZO~ Y i �\ � 4 PNUM — NE,NL u CONTPO� wxxmE PER DEVAL s SHm cz. W Q Ym m Z 5' I/(a)-NC- - x- -E ED "a - x- PNwFcnd cm NOME G L¢1 EL a r f/1 O (F�PDERNI R SED NODDED ..<.. C CLOSE S� NOR PnN, CH sxmE we NRo. 0 ZO j o �- 1 1�R:A,P� HER PER OPE CH Ea 0 In MEET , X DR. INDERSERI ECE KEDDIDED, .—., SEES SHEET El FOR ". 1-11 www Jze m u„NG Nca.N. z F U a U ,R CORSI ROKDEC UL PER DP 1 TMa„ S SHEET cRNN ..,. J Z x M1•1 III O covsmutt IM¢ SERENER PER E-,, SHEET cz. , f () Q d jO cOPEN Nw"s PSN ux OO HURONO naau,m uvAxuET uexuu v V L N AND DECTRUS ON INP PRIOR TO ,� / 1. ` i so HER EXP DE EUGENE smPv..Tm uu.xNENT HISRAL AND ��"u"nx"THS c 1I,-"'NPEm �,T EmNR R OR APPROVED HE EQwN Oc" .NRwERESE, ' xx�—Nm,D ,wusTOR�.N EDUNDnoCONESSINE ST END RE CON"R —U-- N IN O, Po ww ` FESSOR "ENT D. PnwEOTT PER NETUE , SHEET Rx O �' smErr NP, NP.,sx P.. MEN, SPL. Nz,UE :NLS ,. Nov. 12 zozl uh COSCUT AS[:SU3 SYN¢ wER CRUSHED ROCK PER 3-1 Som cx F- N, ARS -�_ r Z`rDOI� F i 1 w°m NO 2 m PAVING, al 6 PAVING LEGEND GRADING& SNS >F 'N", P D,NDNE PLAN STORMW PLAN - .,sPxur P.,,ND x..,. r IN, m..m�m� AR .,w ry Nxw° w e� HE NOTES: .mmT mE,o w,w s,n"ux. � Emco mx ,L @t o[TxL RawR o caoc AN, ME, _ e°� �r PONNO BO% -MATE ENDEARED FAON ma® .G� ID GA NATEIUAL v L.. 11 m nu n°Jmnv m°� mvcx[,[ RE[ w.s 1. NX6 amcma ("au cl 7 ronrc�/e'N iuwIF ' TRY, c-z�m ix le scat a ®u z ' HPEREEN OR, ROME cm.:nE��AR9 — ��_ 'r �" Nx„xw ,a..a" oxLh:'wx1�L �x A' xem,exmunvcu ucY�x gFFHNFyG� IN. m""xl m,�RNEMPL E AGE, NI casxow J �l lEFHASPROO.RED NOR_ xwiA xiiT MORNMEORME WNCEE2 f FORM RDI �� Pm Loco nixn^ � R R n am,rn ON, MV Nua mxsmurnoN nm¢ nxunnou AM ,�E �:.,� ,,.�, - u REARED >9"b A mx VRNEI °m N GmP :°a�.;P`;, G. .°,"Nam,". . N.M. °na IN. ma:.."ONE. Puus MI - DR, .P m® m° PEP •w NI M .m, a ', eC n ..: carrtwnw5 omwn mtr _ i..m AI _ -APP',-- vemm A, ummLs - �_.• LFIn'cx REMN, c gi•i .w I' Nro n MR,Awl -, ...Em°m.,F N ME nirn....�mm.e n°.. a �mw°m.. Le v av wu,n m Rue 6WAA � . ..5<F.;.C' j.�'a ' .FEE CREF.m WE m AA m° NA'-EFRE JRmm, ma"Nm.Nr, a.w°e. m STATE APPROVED - ASPHALT DIPPED 19 tlm. O sruEP xrsL TRENCH DETAIL O GEIBSON 24" SQUARE CATCH BASIN WITH DIT H INLE2T O CLEAN OUT O 24" OTO, MADIFCONCRETE BASIN WITH BEEHIVE GRATE MODEL /z\ FLOW CONTROL MANHOLE (fiI RIP RAP PROTECTION AT INLETIOUTLET %I SEVELSPREADER GEM '% YEA I VAREV PER PER, - GIR PC `:'. NOV. 12, 3021 MR. INE 77 I— AGER, NO, Rw PER OPH NON�NNERE M E `'n .1mmxnxraws °� V,,I- sLrnw mo OF, r 'A�r -1. EFROMEN PERI ,R' aK �E JR AN RED)f TR RE u EVERE -IN FOR xv OR °a IN M. ORNIFFER, RERANNOMMOR °° -=«e .ERIC IN TOPER �EMERN AP_LER � w ,x�, P. n J RNNGARDEN 02 W 5 >70 ❑ a H m U J O MOX O opo smNEIE x�c4 v, src smm Z TRIP RALF W V V RED z 2 z c"dPROME 0 x u"aU PIPE I- oc sur cawcxryru: C2 PAVING SECTIONS FEE ROMEE PFM iPE OF RE RZ AN, �x EREE EE /z\ FLOW CONTROL MANHOLE (fiI RIP RAP PROTECTION AT INLETIOUTLET %I SEVELSPREADER RAINGARGEN 1 GEM '% YEA I VAREV PER PER, - GIR PC `:'. NOV. 12, 3021 011" INE 77 I— ;, _ ,.PON---- Rw ic M E `'n .1mmxnxraws °� V,,I- sLrnw mo OF, RAINGARGEN 1 RAIN"GARDEN -TYPICALSEOTIONS O GRASSY SWALE- TYPICAL SECTION �i.RAPTI N. zs ME PER SPACING BETNEEN CHECK BAMS ROCK CHECK DAM T/ T OP /s w cN: (avA— nrt murvunar mcG1O mu ME DP-- m><w:�R.POmR w 5. rerLnms u ayLo HEAVY GRAVEL SEC110N EWGINEEIll NG= DIGITALLY OGREN V s ,,, �4P, �FAi APz Ledtt Z PER LOGYPOPE E-- O s. NOV. 12, 3021 Q I— IA ic ERUPER r J -1. EFROMEN PERI ,R' aK o u EVERE DETAILS OR °a IN x RERANNOMMOR °° -=«e .ERIC IN TOPER �EMERN AP_LER � w ,x�, P. n J RNNGARDEN 02 W RAIN"GARDEN -TYPICALSEOTIONS O GRASSY SWALE- TYPICAL SECTION �i.RAPTI N. zs ME PER SPACING BETNEEN CHECK BAMS ROCK CHECK DAM T/ T OP /s w cN: (avA— nrt murvunar mcG1O mu ME DP-- m><w:�R.POmR w 5. rerLnms u ayLo HEAVY GRAVEL SEC110N EWGINEEIll NG= DIGITALLY OGREN V s ,,, �4P, �FAi APz Ledtt Z O s. NOV. 12, 3021 Q I— IA ic ARS J Q o u DETAILS O x [G W n J z m m z W 5 >70 ❑ a H m U J O z � � p O O opo 3 OLD Z LL LL LL F Q W V V RED z 2 z J 0 x u"aU ASPHALT PANNG SECTON IlEA. LIGHT GRAVEL SECTIONG—lZ s. NOV. 12, 3021 ,o F. Reumc mwurn ¢} ARS NP V—nv. 18.107 DETAILS Nos ay, rtAT�;fi.. "", � reaAw,Exw,mr�. ^...-1a ASPHALT PANNG SECTON IlEA. C2 PAVING SECTIONS ROMEE anchI— 1L. SHARE SOL N. AN INLET ENGINEERING- ATTACK' Tl LNEP AN �,uwa a[muimPR sm "ANCEP n NxEA fm AN AR me —11 1--, ,w0. C'a[x xinI AD .AAAA cY` xwc �PN[. ev a„a.Ec, xmLnluui. [rRN„EEP. 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IN .�m'NIA"tTALL .NN ANN'E.cmPEn PEmxu oNwExn f. m2 CUDO �+y oadcaI I CUDO ' o�xasua° .°E.Ex„,tREmPE,.., ,. ARRANT . Q WEAK, V sA,m„e�N°mNNI..: Da�NDmw ,° E E W mN RUIN•.LLx-u cuoop- _ _ N, NA ® ate N,o aae System ware Sm eae SWEET, © " Am'Pm mD'ND.LL mLm �� � F .c� HATCHED, St t Detenton s s ,. .._ //�//�p��//1 e. a _ - ••�. ALI"r row. _ 11 ui N.LL F fxe h ANGLES Dv DmfAs, DEEPER ED PLANE, mics SYste .? a v.^ rn rane m 'CIA IN I HE F, j .cN. t—a,.NET PPED. AD PECURAL. J r �bP- ED _ Q l� I � STACK U HAD, ALET —ANI TA Q� U �a E, Ovar IM INLET PI j J z m m z "T PEE LAx E oo_:.EN EARA .RE' w Q ^ O 2 J K __ _ _ _ O p EA A .11 AN TRAFFIC RATED AN SPEED FRED 'Al' x .ccEw wvm .' REPVPm dNCEIR DIAKE ED O {,J w O wn ,v AS AD - ANCHIA ,A AN -i .vc.Emd mxoLEiEmLL.A.CARAIEL W W ''A w �7SPARN w z�z xA°D,E'TASK ALL DHEA ALSO ARE °Pa N E LL. a a ATE=CLOAES AS OPEN URIN uu% % CONNEPwnexi.� PLAN VIEW f DowxePcur®.°rexce AN eEwxEu a - --.- _ ..:..:. wwx rvLE. mx °KLEIN GTEEL AN .Nd ROME AND PE D'Pf. J d'D .,x cL' OF r d ,fLw AS REQUIRED .mD P—ILE 11 NORTHERNECRILL ;A-M.-TAA xNE. Gu'G. cm P AS PEauuED m am fu .. NOV 12, 2DC AN I t An,ED EwNx ... D, ARS AS REpuxE'. d vxnn. NP SIDE SECTION VIEW 81m E" CUDO ' NLnN'fEN �.-G °'x Exp' PE=E,* "'*.LL..IND"All STORMWATER 2. °EE ama'oP FOR TYPICAL Nmi„.vN°xd ncdPP SONFATHATHAN LLNE'—<, EmN�.lnm . c'P'NwE.n,l „ONE ADDED . 'P DETENTION OCuDnz �Oldcasft EE x..N DETAILS Water Storage Svstem sm s INn LUDO” OIdeastle R ,� L t Wateram,.9 sv.t C3 APPENDIX C SWALE OPERATIONS & MAINTENANCE PLAN DETENTION PONDS OPERATIONS & MAINTENANCE PLAN LEVEL SPREADER OPERATIONS & MAINTENANCE PLAN FILTER STRIP OPERATIONS & MAINTENANCE PLAN RAIN GARDEN OPERATIONS & MAINTENANCE PLAN STORMWATER MANAGEMENT FACILITY INSPECTION & MAINTENANCE LOG Swales (Vegetated, Grassy and Street) Operations and Maintenance Plan Swales are vegetated or grassed open channels that trap pollutants by filtering and slowing flows, allowing particles to settle out. The swats should drain within 48 hours of a storm event. All facility components, vegetation, and source controls shall be inspected for proper operations and structural stability, at a minimum, quarterly for the first 2 years from the date of installation, 2 times per year thereafter, and within 48 hours after each major storm event. The facility owner most keep a log, recording all inspection dates, observations, and maintenance activities. The following items shall be inspected and maintained as stated: Swale Inlet (such as curb cuts or pipes) shall maintain a calm flow of water entering the swale. • Source of erosion shall be identified and controlled when native soil is exposed or erosion channels are forming. • Sediment accumulation shall be hand -removed with minimum damage to vegetation using proper erosion control measures. Sediment shall be removed if it is more than 3" thick or so thick as to damage or kill vegetation. • Inlet shall be cleared when conveyance capacity is plugged. Sources of sediment and debris shall be identified and corrected. • Rock splash pads, spreaders and dissipaters shall be replenished to prevent erosion. Side Slopes shall be maintained to prevent erosion that introduces sediment into the swale. • Slopes shall be stabilized and planted using appropriate erosion control measures when native soil is exposed or erosion channels are forming. Swale Media shall allow storruwater to percolate uniformly through the landscape Swale. If the Swale does not drain within 48 hours, it shall be tilled and replanted according to design specifications. • Swale area shall be protected during construction from compaction. • Annual or semi-annual tilling shall be implemented if compaction or clogging continues. • Debris in quantities that inhibit operation shall be removed routinely (e.g., no less than quarterly), or upon discovery. Swale Outlet shall maintain sheet flow of water exiting swale unless a collection drain is used. Source of erosion damage shall be identified and controlled when native soil is exposed or erosion channels are forming. • Outlets such as drains and overland flow paths shall be cleared when 50% of the conveyance capacity is plugged. • Outlet structures shall be cleaned of sediment and debris at least 1 time per year or when the level is at 50% of the conveyance capacity. • Sources of sediment and debris shall be identified and corrected. Vegetation shall be healthy and dense enough to provide filtering while protecting underlying soils from erosion. Mulch shall be replenished as needed to ensure survival of vegetation. • Vegetation, large shrubs or trees that interfere with landscape swale operation shall be pruned. • Fallen leaves and debris from deciduous plant foliage shall be removed if build up is damaging vegetation. • Grassy swales shall be mowed to keep grass 4" to 9" in height. Clippings shall be removed when possible, to remove pollutants absorbed in grasses, or when build up is damaging vegetation. • Nuisance and prohibited vegetation (such as blackberries and English Ivy) shall be removed when discovered. Invasive vegetation contributing up to 25% of vegetation of all species shall be removed and replaced. • Dead vegetation and woody material shall be removed to maintain less than 10% of area coverage or when swale function is impaired. Vegetation shall be replaced within 3 months, or immediately if re uired to maintain cover density and control erosion where soils are exposed. Debris and Litter shall be removed to ensure stonnwater conveyance and to prevent clogging of inlet Appendix 3A-4 Page 7 of 31 EDSP Adopted December 03, 2012 and outlet drains and interference with plant growth. Spill Prevention measures shall be exercised when handling substances that contaminate stonnwater. Releasesof pollutants shall be corrected as soon as identified. Training and/or written guidance information for operating and maintaining swales shall be provided. m all property owners and tenants. A copy of the O&M Plan shall be provided to all property owners and tenants. Access to the swale shall besafe and efficient. Egress and ingress routes shall be maintained to design standards. Roadways shall be maintained to accommodate size and weight of vehicles, if applicable. • Obstacles preventing maintenance personnel and/or equipment access to the swale shall be removed. • Gravel or ground cover shall be added if erosion occurs, e.g, due to vehicular or pedestrian traffic. Insects and Rodents shall not be harbored in the Swale. Pest control measures shall be taken when insects/rodents are found to be present. • If a complaint is received or an inspection reveals that a stormwater facility is significantly infested with mosquitoes or other vectors, the property owner/owners or their designee may be required to eliminate the infestation at the City inspector's discretion. Control of the infestation shall be attempted by using Fust non -chemical methods and secondly, only those chemical methods specifically approved by the City's inspector. Acceptable methods include but are not limited to the following: i. Installation of predacious bird or bat nesting boxes. ii. Alterations of pond water levels approximately every four days in order to disrupt mosquito larval development cycles.. W. Stocking ponds and other permanent water facilities with fish or other predatory specim iv. lfinne-chemical methods have proved unsuccessful, contact the City inspector prior to use of chemical methods such as the mosquito larvicides Bacillus thurengensis var. israeliensis or other approved larvicides. These materials may only be used with City inspector approval if evidence can be provided that these materials will not migrate off-site or enter the public stormwater system. Chemical larvicides shall be applied by a licensed individual or contractor. • Holes in the ground located in and around the swale shall be filled. If used at this site, the following will be applicable: Check Dams, flow spreaders and dissipaters shall control and distribute flow. • Causes for altered water flow or short circuits shall be identified, and obstructions cleared upon discovery. • Causes for channelization shall be identified and repaired. • Systems shall remain free of sediment build up and debris. Appendix 3A-4 Page 8 of 31 EDSP Adopted December 03, 2012 Wet, Extended Wet Detention and Dry Detention Ponds Operations and Maintenance Plan Wet Ponds are constructed ponds with a permanent pool of water. Pollutants are removed from stormwater through gravitational settling and biologic processes. Extended Wet Detention Ponds are constructed ponds with a permanent pool of water and open storage space above for short-term detention of large storm events. Pollutants are removed from stormwater through gravitational settling and biologic processes. Dry Detention Ponds are constructed ponds with temporary storage for the detention of large storm events. The stormwater is stored and released slowly over a matter of hours. All facility components, vegetation, and source controls shall be inspected for proper operations and structural stability. These inspections shall occur, at a minimum, quarterly for the first 2 years from the date of installation, and 2 times per year thereafter, and within 48 hours after each major storm event. The facility owner must keep a log, recording all inspection dates, observations, and maintenance activities. The following items shall be inspected and maintained as stated: Pond Inlet shall assure unrestricted stormwater flow to the wet pond. • Inlet pipe shall be cleared when conveyance capacity is plugged. Sources of sediment and debris shall be identified and canceled. • Determine if pipe is in good condition: o If more than 1 inch of settlement, add fill material and compact soils. o If alignment is faulty, correct alignment. o If cracks or openings exist indicated by evidence of erosion at leaks, repair or replace pipe as needed. Forebay traps coarse sediments, reduces incoming velocity, and distributes mnoff evenly over the wet pond. A minimum 1 -foot freeboard shall be maintained. • Sediment buildup exceeding 50% of the facility capacity shall be removed every 2-5 years or sooner if performance is being affected. Embankment, Dikes, Berms and Side Slopes retain water in the wet pond. • Slopes shall be stabilized using appropriate erosion control measures when native soil is exposed or erosion channels are fanning. • Structural deficiencies shall be corrected upon discovery: o If cracks exist, repair or replace structure. o If erosion channels deeper than 2 inches exist, stabilize surface. Sources of erosion damage shall be identified and controlled. Control Devices (e.g., weirs, baffles, etc.) shall direct and reduce flow velocity. Structural deficiencies shall be corrected upon discovery: • If cracks exist, repair or replace structure. Overflow Structure conveys flow exceeding reservoir capacity to an approved stormwater receiving system. • Overflow structure shall be cleared when 50% of the conveyance capacity is plugged. Sources of sediment and debris shall be identified and corrected. • Sources of erosion damage shall be identified and controlled when native soil is exposed at the top of overflow structure or erosion channels are forming. • Rocks or other annin-mg shall be replaced when only one layer of rock exists above native soil. Sediment and Debris Management shall prevent loss of wet pond volume caused by sedimentation. • Wet ponds shall be dredged when I foot of sediment accumulates in the pond. • Gauges located at the opposite ends of the wet pond shall be maintained to monitor sedimentation. Gauges shall be checked 2 times per year. • Sources of restricted sediment or debris, such as discarded lawn clippings, shall be identified and prevented. • Debris in quantities sufficient to inhibit operation shall be removed routinely, e.g. no less than Appendix 3A-4 Page 21 of 31 EDSP Adopted December 03, 2012 quarterly, or upon discovery. • Litter shall be removed upon disco vcry. Vegetation shall be healthy and dense enough to provide filtering while protecting underlying soils from erosion and minimizing solar exposure of open water areas. • Mulch shall be replenished at least annually. • Vegetation, large shrubs or trees that limit access or interfere with wet pond operation shall be pruned or removed. • Gass (where applicable) shall be mowed to 4 inch -9 inch high and grass clippings shall be removed if buildup is damaging vegetation. • Fallen leaves and debris from deciduous plant foliage shall be raked and removed if build up is damaging vegetation. • Nuisance or prohibited vegetation (such as blackberries or English Ivy) shall be removed when discovered. Invasive vegetation contributing up to 25% of vegetation of all species shall be removed and replaced. • Dead vegetation shall be removed to maintain less than 10% of area coverage or when wet pond function is impaired. Vegetation shall be replaced within 3 months, or immediately if required to maintain cover density and control erosion where soils are exposed. If removing a dead or hazard tree a permit maybe required, contact the City's Public Warks Department for details on tree removal. • Vegetation . producing foul odors shall be eliminated. Spill Prevention measures shall be exercised when handling substances that can contaminate stormwater Releases of pollutants shall be corrected as soon as identified. Training and/or written guidance information for operating and maintaining ponds shall be provided to all property owners and tenants. A copy of the O&M Plan shall be provided to all property owners and tenants. Access to the wet pond shall be safe and efficient. Egress and ingress routes shall be maintained to design standards. Roadways shall be maintained to accommodate size and weight of vehicles, if applicable. • Obstacles preventing maintenance personnel and/or equipment access to the wet pond shall be removed. • Oravel or ground cover shall be added if erosion occurs, e.., due to vehicular or pedestrian traffic. Insects and Rodents shall not be harbored in the pond. Pest control measures shall betaken when insects/rodents are found to be present. • If a complaint is received or an inspection reveals that a stomrwater facility is significantly infested with mosquitoes or other vectors, the property owner/owners or their designee may be required to eliminate the infestation at the City inspector's discretion. Control of the infestation shall be attempted by using fast non -chemical methods and secondly, only those chemical methods specifically approved by the City's inspector. Acceptable methods include but are not limited to the following: I. Installation of predacious bird or bat nesting boxes. ii. Alterations of pond water levels approximately every four days in order to disrupt mosquito larval development cycles, iii. Stocking ponds and other permanent water facilities with fish or other predatory species. iv. If non -chemical methods have proved unsuccessful, contact the City inspector prior to use of chemical methods such as the mosquito larvicides Bacillus thurengensis van israeliensis or other approved larvicides. These materials may only be used with City inspector approval if evidence can be provided that these materials will not migrate off-site or enter the public stormwater system. Chemical larvicides shall be applied by a licensed individual or contractor. • Holes in the ground located in and around the pond shall be filled. If used at thus site, the following will be applicable: Si na a shall clearly convey information. Appendix 3A4 Page 22 of 31 EDSP Adopted December 03, 2012 • Broken or defaced signs shall be replaced or repaired. Fences shall be maintained to preserve their functionality and appearance. • Collapsed fences shall be restored to an upright position. • Jagged edges and damaged fences and shall be repaired or replaced. Appendix 3A-4 Page 23 of 31 EDSP Adopted December 03, 2012 Level Spreaders Operations and Maintenance Plan Level Spreaders are used to spread and disperse a concentrated flow thinly over a vegetated or forested riparian buffer or filter strip. Stormwater enters the spreader as a concentrated flow and discharges as sheet flow across a buffer area. All facility components and the vegetated buffer shall be inspected for proper operations and structural stability. These inspections shall occur, at a minimum, quarterly for the first 2 years from the date of installation, 2 times per year thereafter, and with i n 48 hours after each major storm event. The facility owner must keep a log, recording all inspection dates, observations, and maintenance activities. The following items shall be inspected and maintained as stated: Level Spreader shall allow mnoff to enter the vegetative filter as predominantly sheet flow. • Source of erosion damage shall be identified and controlled when native soil is exposed or erosion channels are forming. • Sediment build-up near or exceeding 2" in depth shall be removed. Inlet shall assure unrestricted storrnwater flow to the level spreader. • Sources of erosion shall be identified and controlled when native soil is exposed or erosion channels are present. • Sediment accumulation shall be hand -removed with minimum damage to vegetation using proper erosion control measures. Sediment shall be removed if it is more than 3 inches thick or so thick as to damage or kill vegetation. • Inlet shall be cleared when conveyance capacity is plugged. • Rock splash pads and dissipaters shall be replenished to prevent erosion. Spreader lip shall allow water to exit the level spreader as sheet flow. • Sources of erosion damage shall be identified and controlled when native soil is exposed or erosion channels are deeper than 2 inches. • Outlet shall be cleared when 50% of the conveyance capacity is plugged. Sources of sediment and debris shall be identified and corrected. Vegetated buffer shall be healthy and dense enough to provide filtering while protecting underlying soils from erosion. • Nuisance and prohibited vegetation (such as blackberries and English Ivy) shall be removed when discovered. Invasive vegetation contributing up to 25% of vegetation of all species shall be removed and replaced. • Dead vegetation shall be removed to maintain less than 10% of area coverage or when vegetation function is impaired. Vegetation shall be replaced immediately to control erosion where soils are exposed and within 3 months to maintain cover density. Spill Prevention measures shall be exercised when handling substances that contaminate stormwater. Releases of pollutants shall be corrected as soon as identified. Training and/or written guidance information for operating and maintaining level spreaders shall be provided to all property owners and tenants. A copy of the O&M Plan shall be provided to all property owners and tenants. Access to the level spreaders shall be safe and efficient. Egress and ingress routes shall be maintained to design standards. Obstacles preventing maintenance personnel and/or equipment access to the facility shall be removed. Insects and Rodents shall not be harbored in the level spreader. Pest control measures shall be taken when insects/rodents are found to be present. • If a complaint is received or an inspection reveals that a stormwater facility is significantly infested with mosquitoes or other vectors, the property owner/owners or their designee may be required to eliminate the infestation at the City inspector's discretion. Control of the infestation shall be attempted by using first non -chemical methods and secondly, only those chemical methods specifically approved by the City's inspector. Acceptable methods include but are not limited to the Appendix 3A-4 Page 9 of 31 EDSP Adopted December 03, 2012 following: i. Installation of predacious bird or bat nesting boxes. ii. Alterations of pond water levels approximately every four days in order to disrupt mosquito larval development cycles. iii. If non -chemical methods have proved unsuccessful, contact the City inspector prior to use of chemical methods such as the mosquito larvicides Bacillus thurengensis var. israeliensis or other approved larvicides. ''hese materials may only be used with City inspector approval if evidence can be provided that these materials will not migrate off-site or enter the public stormwater system. Chemical larvicides shall be applied by a licensed individual or contractor. • Holes in the ground located in and around the level spreader shall be filled. Appendix 3A-4 Page 10 of 31 EDSP Adopted December 03, 2012 Vegetated Filter Strips Operations and Maintenance Plan Vegetated Filter Strips am gently sloped vegetated areas that stormwater runoff is directed to flow and filter through. Stormwater enters the filter as sheet flow from an impervious surface or is converted to sheet flow using a flow spreader. Flow control is achieved using the relatively large surface area and check dams. Pollutants are removed through infiltration and sedimentation. The vegetative filter should drain within 48 hours of storm event. All facility components and vegetation shall be inspected for proper operations and structural stability. These inspections shall occur, at a minimum, quarterly for the fust 2 years from the date of installation, 2 times per year thereafter, and within 48 hours after each major storm event. The facility owner must keep a log, recording all inspection dates, observations, and maintenance activities. The following items shall be inspected and maintained as stated: Flow Spreader shall allow runoff to enter the vegetative filter as predominantly sheet flow. • Source of erosion damage shall be identified and controlled when native soil is exposed or erosion channels are forting. • Sediment build-up near or exceeding 2 inch in depth shall be removed. Filter Inlet shall assure unrestricted stormwater flow to the vegetative filter. • Sources of erosion shall be identified and controlled when native soil is exposed or erosion channels are present. • Sediment accumulation shall be band -removed with minimum damage to vegetation using proper erosion control measures. Sediment shall be removed if it is more than 2 inches thick or so thick as to damage or kill vegetation. • inlet shall be cleared when conveyance capacity is plugged. • Rock splash pads shall be replenished to prevent erosion. Filter Media shall allow storrnwater to percolate uniformly through the vegetative filter. • If the vegetative filter does not drain within 48 hours, it shall be re -graded and replanted according to design specifications. Established trees shall not be removed or hammed in this process. • Debris in quantities more than 2 inch deep or sufficient to inhibit operation shalt be removed routinely (e.g., no less than quarterly), or upon discovery. Check Dams and Dissipaters shall direct and control flow. • Causes for altered water flow and channelization shall be identified, and obstructions cleared upon discovery. • Cracks, rot, and structural damage shall be repaired. Filter Outlet shall allow water to exit the vegetative filter as sheet flow, unless a collection drainpipe is used. • Sources of erosion damage shall be identified and controlled when native soil is exposed or erosion channels are deeper than 2 inches. • Outlet shall be cleared when 50% of the conveyance capacity is plugged. Sources of sediment and debris shall be identified and corrected. Vegetation shall be healthy and dense enough to provide filtering while protecting underlying soils from erosion. • Fallen leaves and debris from deciduous plant foliage shall be raked and removed if build up is damaging vegetation. • Nuisance and prohibited vegetation (such as blackberries and English Ivy) shall be removed when discovered. Invasive vegetation contributing up to 25% of vegetation of all species shall be removed and replaced. • Dead vegetation shall be removed to maintain less than 10% of area coverage or when vegetative filter function is impaired. Vegetation shall be replaced immediately to control erosion where soils are exposed and within 3 months to maintain cover density. Debris and Litter shall be removed to ensure stormwater conveyance and to revent clogging of inlet Appendix 3A-4 Page 11 of 31 EDSP Adopted December 03, 2012 and outlet drains and interference with plant growth. Spill Prevention measures shall be exercised when handling substances that contaminate stormwater. Releases of pollutants shall be corrected as soon as identified. Training and/or written guidance information for operating and maintaining vegetated filters shall be provided to all property owners and tenants. A copy of the O&M Plan shall be provided to all property owners and tenants. Access to the vegetative filter shall be safe and efficient. Egress and ingress routes shall be maintained to design standards. Obstacles preventing maintenance personnel and/or equipment access to the facility shall be removed. Gravel or ground cover shall be added if erosion occurs, e.g., due to vehicular or pedestrian traffic. Insects and Rodents shall not be harbored in the vegetated filter. Pest control measures shall be Laken when insects/rodents are found to be present. • If a complaint is received or an inspection reveals that a stormwater facility is significantly infested with mosquitoes or other vectors, the property owner/owners or their designee may be required to eliminate the infestation at the City inspector's discretion. Control of the infestation shall be attempted by using first non -chemical methods and secondly, only those chemical methods specifically approved by the City's inspector. Acceptable methods include but are not limited to the following: i. Installation of predacious bird or bat nesting boxes. it. Alterations of pond water levels approximately every four days in order to disrupt mosquito larval development cycles. in. Stocking ponds and other permanent water facilities with fish or other predatory species. iv. If non -chemical methods have proved unsuccessful, contact the City inspector prior to use of chemical methods such as the mosquito larvicides Bacillus thmengensis var. ismeliensis or other approved larvicides. These materials may only be used with City inspector approval if evidence can be provided that these materials will not migrate off-site or enter the public stormwater system. Chemical larvicides shall be applied by a licensed individual or contractor. • Holes in the ground located in and around the vegetated filter shall be filled. Appendix 3A-4 Page 12 of 31 EDSP Adopted December 03, 2012 STORMWATER MANAGEMENT FACILITY INSPECTION AND MAINTENANCE LOG Property Address: Inspection Date: Inspection Time: Inspected By: Approximate Date/Time of Last Rainfall: Type of Stormwater Management Facility: Location of Facility on Site (In relation to buildings or other permanent structures): Water levels and observations (Oil sheen, smell, turbidity, etc.): Sediment accumulation and record of sediment removal: Condition of vegetation (Height, survival rates, invasive species present, etc.) and record of replacement and management (mowing, weeding, etc.): Condition of physical properties such as inlets, outlets, piping, fences, irrigation facilities, and side slopes. Record damaged items and replacement activities: Presence of insects or vectors. Record control activities: Identify safety hazards present. Record resolution activities: Appendix 3A-3 Page I of 1 EDSP Adopted December 03, 2012 COA 4 Fwm: 0.ichardSaa- To: Easy aurrikell subject: rose Springfield Ji Board substation sRe permit- Fri of approval #4 ome: Thursdag ]anuary 16, 2020 3:48a6 PM Attachments: Imaacnplrna Sincerely, Richard M. Salle, AICP, ASIA, CSI Schirmer Satre Group Plmoers. I.andoapaAm irceand enviamenul saacaoan 375 Wesl4ih Avenue, sone 201, Eugene, Crag., 91401 c,1116e64649` Fax 1541606.46I1`v vhlmmrtw This message is forme sale via v theintended mail and may contain condi, wnfidenfial or pnvildgedinhormitim. Anyunaum.dzeduse,disosumardlsmbudmis pmhibiled. Ifyou received this message In error, immediatd,seaiss the sender by mplyemail and dis iraytMa message. Thank you. From: PITMAN Tamara [mailto:TamaraP@subutiLccm] Sent: Tuesday, January 14, 2020 2:25 PM To: 'PHILLIPS -MEADOW Eric S' <EPhillip5Meadow@eugene-ocgov>; LI M BI RD Andrew <alimbird@springf!eld-or.gov> Cc: AMANN Nick <NlckA@subut!I.com>; Richard Satre <rick@schirmersatre.com> Subject: RE: Springfield Utility Board substation site permit - Condition of approval #4 Thanks for the reply, Eric! From: PHILLIPS -MEADOW Eric S [ma'Ito EPhII[rpMeadOwrdeugene-or eav] Sent: Tuesday, January 14, 2020 2:23 PM To: PITMAN Tamara <TamarcP S subuti L com>; LIMBIRD Andrew <al'mb'rd o@sp>r[ngfeld-or oov> Cc: PHI LLIPS-MEADOW Eric S <EPh- IIrw Meadowfoleugene-ar eav> Subject: RE: Springfield Utility Board substation site permit - Condition of approval #4 Andy, after having conversations with Tamara Pitman on the proposed SUB substation (19-00084-TVP2), I would like change my conditions (see #4 below) for the final site plan requirements to clarify that we still need access to the site (via the driveway), but that we do NOT need access to the electric substation compound. Thank you, Eric Phillips -Meadow Deputy Fire Marshal 0 - 541-726-2293 C - 541-780-4048 9 From: PITMAN Tamara <TamaraPno 5 ubutil cam> Sent: Tuesday, January 14, 2020 1:45 PM To: PHILLIPS -MEADOW Eric S<EPhI bcMeadow(de ieene-nreov> Subject: Springfield Utility Board substation site permit - Condition of approval #4 Hi Eric, I am glad we were able to talk yesterday. I thought I would send an email so that you would have my contact information. I am hoping that you can respond that the Knox access is only required for the access gate to the property, and is not required on for the substation compound. Condition of Approval: 4. The Final Site Plan shall provide for a Knox padlock for any manually operated gates or a Knox keyed gate switch for any electrically operated gates serving the screw driveway and electric substation campouud. Let me know if you need further information or would like a tour of a substation Tamara Pitman, PE Standards and Planning Engineer Springfield Utility Board 1001 Main Street PO Box 300 Springfield, OR 97477 Desk 541-7443729 Receptionist 541-726-2395 COA 5 Lane County Clerk 2021-059755 Lane County Deeds and Records 1111111111111111111111111111111T1I1111H $152.00 61976125202100597550100104 091141202103:55:09 PM RPR-ESMT Cnt 1 Pgs=10 Stn=1 CNSHIER05 $60.00 $20.00 $10.00 $11.00$61.00 Q RECORDING COVER SHEET (Please Print or Type) I ---------- ------ ---------------------------------------------------- AFTER RECORDING RETURN TO: 1 CASCADE TITLE CO. 811 WILLAMETTE STREET EUGENE, OREGON 97401 1) TITLES) OF THE TRANSACTION(S) ORS 205.234(a) DECLARATION OF TRANSMISSION LINE EASEMENT AGREEMENT 2) DIRECT PARTY / GRANTOR(S) ORS 205.125(1)(b) and 205.160 THE CITY OF SPRINGFIELD ACTING BY AND THROUGH THE SPRINGFIELD UTILITY BOARD, a municipal corporation 3) INDIRECT PARTY / GRANTEE(S) ORS 205.125(l)(a) and 205.160 THE CITY OF SPRINGFIELD ACTING BY AND THROUGH THE SPRINGFIELD UTILITY BOARD a municipal corporation 4) TRUE AND ACTUAL CONSIDERATION 1 5) SEND TAX STATEMENTS TO: ORS 93.030(5) —Amount in dollars or other 1 no chance $ ❑ I trer 1 I I 6) SATISFACTION of ORDER or WARRANT 7) The amount of the monetary ORS 205.125(1)(e) obligation imposed by the order CHECK ONE: []FULL or warrant. ORS 205.125(1)(c) (If applicable) ❑PARTIAL S 8) If this instrument is being Re -Recorded, complete the following statement, in accordance with ORS 205.244: "RERECORDED AT THE. REQUEST OF CASCADE TITLE COMPANY TO CORRECT TO ELIMINATE EXHIBITS A & B/PAGES 8 & 9 PREVIOUSLY RECORDED IN BOOK AND PAGE , OR AS FEE NUMBER 2021-059414 .11 rJ , `Af TER RECORDING RETURN TO: CASCADETR ECOMPANY 811 WILLAMETTE ST, EUGENE, OR 97401 CT -o 32t 13� / Vu zo-2 t'I'-1 J.1 After Recording, Please Return To: Springfield Utility Board P.O. Box 300 Springfield, OR 97477 Lane County Clerkds 2021-059414 Lane llllllll{IIIIIIIIIIIill IIIII IIIII T1111111111111 $147.00 019757]0202100 59414009009] 09113/202102:47:25 PM RPR-ESMT Cnt=1 Pgs=9 Stn=1 CA$HIER05 $45.00 $20.00 $10.00 511.00 $51.00 DECLARATION OF TRANSMISSION LINE EASEMENT AGREEMENT (Tax Lot 101, 1000 and 1100, Site Plan Cond. 6) This Declaration of Transmission Line Easement Agreement (this "Agreement's dated effective this 10th day of September, 2021 (the "Effective Date'l, is by and between THE CITY OF SPRINGFIELD ACTING BY AND THROUGH THE SPRINGFIELD UTILITY BOARD, a municipal corporation ("Grantor" and "Owner'! and THE CITY OF SPRINGFIELD ACTING BY AND THROUGH THE SPRINGFIELD UTILITY BOARD, a municipal corporation ("Grantee" and "SUB'). Whereas, Owner owns certain real property known as Lane County Tax Lot Nos. 18-03-03- 13-00101, 18-03-03-14-01000, and 18-03-03-14-01100 (together, "Owner's Property'); Whereas, Owner may transfer Owner's Property to a third -party and desires to declare the Easement (as described below) over Owner's Property, such that upon a transfer of all or any portion of Owner's Property to a third party, (a) the Easement shall become of full force and effect upon such transfer, (b) such transferee shall take its interest subject to and shall succeed to the rights and obligations of "Owner" hereunder as to any portion of the Easement Area transferred to such transferee, and (c) SUB shall retain all rights and obligations of SUB and Grantee hereunder. For valuable consideration hereby acknowledged and In satisfaction of Condition No. 6 of Type II Tentative Site Plan, Review Case No. 811-19-000084-TYP2 issued by the City of Springfield, Owner and SUB agree as follows: 1. Grant of Easement. Owner hereby grants, bargains, sells and conveys to SUB a perpetual non-exclusive easement in gross (the "Easement') over, under, and across that portion of Owner's property legally described in Exhibit A attached hereto (the "Easement Area'J and depicted in Exhibit B attached hereto, for the use described in Section 2 below and on the terms and conditions of this Agreement. SUB's access to the Easement Area shall be governed by a Transmission Line Access Easement Agreement, executed simultaneously with this Agreement, and the access easement described therein shall be appurtenant to and benefit the Easement. 2. Permitted Use, SUB shall have the right to use the Easement Area for placing, constructing, operating, repairing, reconstructing, maintaining, relocating, using, and removing its Facilities. As used herein, "Facilities" shall mean electric transmission and distribution facilities, fiber telecommunication lines and their associated equipment, including, but not limited to, poles, guy wires, vaults, conduit, transformers, power lines, towers, terminals and boxes. Any and all Facilities or replacement thereof installed in or upon the Easement Area by SUB shall remain the sole property of SUB and may be removed at any time at the discretion of SUB. PAGE 1 DECLARATION OF TRANSMISSION LINE EASEMENT AGREEMENT (FAX LOT 101, 1000 and 1100) 3. Reserved Use, Owner reserves the right to use the Easement Area for any other use, including granting other easement rights, so long as such use does not impair SUB's rights hereunder. Owner agrees that it will not construct any buildings or other permanent structures other than asphalt pavement, curbs, sidewalks and driveway aprons in the Easement Area without SUB's prior consent. Each party shall comply with all applicable local, state and federal laws and regulations relative to its activities in and use of the Easement Area. In the event that Owner grants other rights in the Easement Area, such grantee (a) shall not interfere with SUB's Facilities, (b) shall coordinate use of the Easement Area with SUB, (c) shall secure approval from SUB of the design of any of grantee's facilities in the Easement Area, (d) shall indemnify SUB from any liability In connection with use of the Easement Area, and (e) shall reimburse SUB for any cost incurred by SUB in connection with damage to or service interruptions suffered by SUB caused by such grantee. 4. Maintenance. SUB accepts the condition of the Easement Area in its as -is condition. Owner shall be responsible for maintaining the Easement Area for its own use and shall not be liable to SUB in connection therewith, except that neither party shall change the topography of the Easement Area without the consent of the other party. Owner consents that SUB's construction of its project in conformance with City of Springfield: Site Plan Review Case 811-19-000084; Land and Drainage Alteration Permit 811-20-OOO1101DW; and Hillside Development Overlay Permit 811-19- 000085, or subsequent modifications thereto, is permitted. Further, Owner will not unreasonably withhold consent to activities in conformance with SUB's Project authorized by these cases and decisions or any subsequent modification thereto or approvals necessary for the project. SUB shall be responsible for maintaining the Easement Area for its own use and shall maintain and keep the Facilities in good condition and repair. SUB shall have the right to trim and remove trees and shrubbery and perform other vegetation management as needed for installation and maintenance of its Facilities and in conformance with City of Springfield Tree Felling Permit 811-19-000102 or subsequent modifications thereto. SUB will remove or chip and spread all brush, slash and wood generated from this activity. S. Indemni . SUB shall indemnify, defend and hold Owner harmless from and against any third party claims incurred in connection with the use of the Easement Area by SUB or SUB's employees, contractors, invitees or other related parties. In the event that either party damages the facilities of the other party in the Easement Area, such party responsible for the damage shall reimburse the other party for its costs to repair its facilities. 6. Binding Effect. This Agreement is binding on and will Inure to the benefit of the owner of the Easement Area, the parties to this Agreement, and the successors and/or assigns thereof. SUB shall have the right to assign its rights under this Agreement in connection with a transfer of its Facilities to a third party, but shall not otherwise have the right to assign or grant to any third party rights relative to this Agreement, the Easement or the Easement Area. 7. Remedies, TIME IS OF THE ESSENCE REGARDING THIS AGREEMENT. In the event of failure by either party to perform its obligation under this Agreement, following thirty (30) days' written notice of default, the non -defaulting party shall have the right to pursue any and all remedies available at law or in equity. 8. Amendment/Termination. This Agreement may only be amended or terminated by a written instrument signed by all parties. PAGE 2 DECLARATION OF TRANSMISSION LINE EASEMENT AGREEMENT (TAX LOT 101, 1000 and 1100) g. Attomev's Fees. In the event action is instituted to enforce any term of this Agreement, the prevailing party shall recover from the non -prevailing party reasonable attorney's fees incurred In such action as set by the trial court and, in the event of appeal, as set by the appellate courts. 10. Applicable Law. This Agreement shall be construed, applied, and enforced in accordance with the laws of the Stated Oregon. 11. Counterparts. This. Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but the same instrument 12, Nonmerge . This Agreement is made and the Easement Is granted to comply with the City of Springfield Site Plan Condition No. 6. It is intended to burden present and successor owners of the Owner's Property; and to benefit the applicant under City of Springfield Site Plan Review Case 811-19-000084. Although at the time of this Agreement, the grantor is the both the fee owner the ("Dominant Estate') and the holder of the Easement (the "Servient Estate'), it is the express Intent of this Agreement that the Doctrine of Merger shall not apply to the Easement and the Dominant Estate. The Easement shallcontinue unless such Easement is specifically terminated by a mutually executed recorded agreement of the owners of the Dominant Estate and Servient Estate. This Nonmerger provision Is perpetual, shall run with the land, and shall be binding upon and Inure benefit of the respective successors and assigns of the Servient Estate and the Dominant Estate and all parties and persons claiming under them. 13. Acceptance by Grantee. SUB, as grantee hereunder, hereby approves and accepts the foregoing conveyance of easement. /// PAGE 3 DECLARATION OF TRANSMISSION LINE EASEMENTAGREEMENT (TAX LOT 101, 1000 and 1100) IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. GRANTORIOWNER: THE CITY OF SPRINGFIELD ACTING BY AND THROUGH THE SPRINGFIELD UTILITY BOARD, a municipal corporation By: Jeff N�, General Manager STATE OF OREGON ) :ss COUNTY OF LANE On this I U day of September, 2021 personally appeared Jeff Nelson as General Manager of THE CITY OF SPRINGFIELD ACTING BY AND THROUGH THE SPRINGFIELD UTILITY BOARD, a municipal corporation, who acknowledged before me that he/she signed the foregoing instrument on behalf of thereof and acknowledged to me that the said municipal corporation executed the same. WITNESS my hand and official seal. OFFICIALSTAMP JULIE ANN JOHNSON NOTARY PUBLIC -OREGON COMMISSION NO. 938173 MY COMMISSION EXPIRES MARCH 18, 2024 [See attached for Grantee/SUB Signature Page.] PAGE 4 DECLARATION OF TRANSMISSION LINE EASEMENT AGREEMENT (TAX LOT 101, 1000 and 1100) GRANTEE/SUB: THE CITY OF SPRINGFIELD ACTING BY AND THROUGH THE SPRINGFIELD UTILITY BOARD, a municipal corporation By: Jeff Nel , General Manager STATE OF OREGON ) :Ss COUNTY OF LANE AAAA.. ) Yi On this I A day of September, 2021 personally appeared Jeff Nelson as General Manager of THE CITY OF SPRINGFIELD ACTING BY AND THROUGH THE SPRINGFIELD LJnLITY BOARD, a municipal corporation, who acknowledged before me that he/she signed the foregoing instrument on behalf of thereof and acknowledged to me that the said municipal corporation executed the same. WITNESS my hand and official seal, 1@OFFICIAL,TA M P JULIE ANN JOHNSON NOTARY PUBLIC -OREGON COMMISSION N0.998173 MY COMMISSION EXPIRES MARCH 18, 2024 PAGE 5 DECLARATION OF TRANSMISSION LINE EASEMENT AGREEMENT (TAX LOT 101, 1000 and 1100) EXHIBIT A LEGAL DESCRIPTION OF EASEMENT AREA An area of land in the Northeast one-quarter of Section 3, Township 18 South, Range 3 West of the Willamette Meridian being mora particularly described as follows: All those parcels of land as conveyed in that certain Warranty Deed recorded on instrument number 2015. 014356 and that certain Stipulated General Judgement recorded as instrument number 2019-008928 in the Lane County Oregon Official Records lying between the fallowing described line and the northeasterly Lane of the I-5 Freeway, DESCRIBED LINE: Beginning at the Westerly -Northwest corner of Parcel 2, Land Partition Plat 93-PO340 recorded April 23, 1993 in the Lane County Oregon plat Records; Thence South 00°19'08" East along the West boundary of said parcel, a distance of 375.78 feet to the True Point of Beginning of the Described Line herein; ; Thence South 82020'41" East 561.49 feet to a point on the east edge of said Parcel 2; Thence North 89°44'48" East 140,35 feet; Thence South 53°54'32" East 942.16 feet, more or less, to the Bast boundary of those parcels as conveyed in the above described Stipulated General Judgement and there ending, all in Lane County, Oregon. This described area is depicted on Exhibit B attached hereto. The bearings herein are based on the Oregon Coordinate Reference System — Eugene Projection 2011 (epoch 2010). REGISTERED PROFESSIONAL LAND SURVEYOR k C OREGON JULY 21, 1992 ROBERT C. HINES RENEWAL DATE: 08/30/23 PAGE 6 DECLARATION OF TRANSMISSION LINE EASEMENT AGREEMENT (TAX LOT 101, 1000 and 1100) EXHIBIT B DEPICTION OF EASEMENT AREA anch GINEERING � eNce(61J 310 5th SIMI spingfield, OR 92427 _ 0: 641.24fi.063) www. ilunchEngina ng,wm �Jfq W LEGEND -- PROPS" L&E ELECiML' f4AM5M5FQV 141E GfiElfQtf MFA REO'SYEREO PROFESSIONAL LAM SURVEYOR Jl1LY 21'1992 ROBERT C, HNES .��.� EXHIBIT B . �, sawNcrleLo umnr BOARD EASEMENT L1 SNE CYe'r PARCH. � �� JULY Y6, 2020 LFPR 93-PRNfi �\ SGLE.' f"=200' P.aa or gE6cAf6[p uxF Id -w -03 -IJ :\ 2 rOt RWU 2 1 g3 -P 18-w -11 suew n PAGE 7 DECLARATION OF TRANSMISSION LINE EASEMENT AGREEMENT (TAX LOT 101, 1000 and 1100) *11NEA LI 55954'324 642.16 REO'SYEREO PROFESSIONAL LAM SURVEYOR Jl1LY 21'1992 ROBERT C, HNES .��.� EXHIBIT B . �, sawNcrleLo umnr BOARD EASEMENT L1 SNE CYe'r PARCH. � �� JULY Y6, 2020 LFPR 93-PRNfi �\ SGLE.' f"=200' P.aa or gE6cAf6[p uxF Id -w -03 -IJ :\ 2 rOt RWU 2 1 g3 -P 18-w -11 suew n PAGE 7 DECLARATION OF TRANSMISSION LINE EASEMENT AGREEMENT (TAX LOT 101, 1000 and 1100) EXHIBIT A LEGAL DESCRIPTION OF EASEMENT AREA AcQbm laMmNonbeast on"Llatler ofSection 3, Township l8 South, Range 3 West of the W0lan .te 9eridian being more pa[ticularly described as follows: Pa 2 of [and Petiilion Plat Nomber93-P0340 as platted and recorded in. the lane County O on Plat Regio and ani the"s areals of land es conveyed in that certain Stipulated Ganeral Judgement corded m iasirmne umber 2019-008928 fa the Lane Courcy Oregon Official Records contained wig 2 strips of land 30 feet width, 15 feet on each side of following described centerlines: $TR@ 1: Beg' ing et a point en the Walorly boundary of said Land P4r[ilfon Plat umbar 93-P0340, South 0°20'14" Ess .00 feet form the westerly southwat comm of parcel I ofsat tat, said point being The Trae Polat of R nodug of this centerline eaeeme et description; Thee orth 89°51'00' East 339.51 feel; Thence anon a are of a 50.00 foot radius curve to the right (tiw ng chord of which boats South51"5419"Fast61.01, dismnceof65.62fee4Thensc Southl4"18'37"- t61.94fxtrathecemer of an existing gate; Thence S 34°29'36" East 86.76 feet; Thence Sou 48"28'51" East 7322 feet; Thence South 56%4151" East feet Thence South 50627'19" r 114.96 fact; Thence South 66137102" Eau 107.49 feet Thence rah 6I"IS' I5" Fast 59.41 feet ce South 5504320" East 94.38 feet; Thence South 72"59'18"East 13 . feet Thence South 70°19' "Eas1251.00 feat Thence South 73014122" East 47.05 feet; Thence South °04'07" East39.70 f• Thence South 35°37'46" East 56.15 feet Thence South 43°29'55" East 49.31 feet "henceSouth 416 'S5" East 98.52 feet more or less, to a point on We East line of gorse lands conveyed " that vermin tipulated General Judgement mentioned herein, and Were ending, all in Lena Ccumy Oregon 7110 sidelines of said strip to be IengWened or shorten t match adjacent oosanent strips and terminate tat Properly boundaries to prevent gape end overlaps as apply. STRIP 2: Beginning at a point South 63038'15" 1701. 7 feet from the True Point of Beginning of Strip I described above, said point being on the tannin of id Strip 1; Thence South gulacwtur East 146 foot mom or, less to a point on We north c o of an Dice a ission line easement created by sepatme documm em and theending, ell in 1 e County Oregon. The intent of pds emrmrEm is a line parallel to and 15 feet easterly of We Ertu Im of said Parcel 2. This described strips aredepicted no Exhl tB attached home. The bearings herein ere based on the tcgon Coordinate Reference (epoch 2010). REGISTERED PROFESSIONAL LAND SURVEYOR JULY 21, 1982 ROBERT C. HINES RENEWAL DATE a6130M —Eugene Projection 2011 6 DECLARA71ON OF TRANSMISSION LINE ACCESS EASEMENT AGREEMENT (TAX LOT 101, 1000 and 1100) EXHIBIT B DEPICTION OF EASEMENT AREA mY0'I4 •E 4.05 0 E4 MENT PA4CFL 1 n 16, 2020 ` 1iP11 9J -Patio :1 . r Is, 2oso �`, i� =200'SImE1m.51 IN ING_ fs-0:1-Q 13 1101 T. s g8el6. GR 97477 50.8. P: 541.746.0637 PARGEi 2 0AlECI ww n.cranc6En9lneen90m fPPN 9J -PAHO 514'i8'3YE 0.a S3�'i9 J6i 76 s4r'srt .0 2 uu' FIE 39 � saoroonP�mp6 'ss9n•1 li..v6 56 7'02•F tp7.aB \ j `\ 561'18'ISi 59.II i-5 rxmnr � I LEGEND RAY ss 'IOT a.Je — P80PFRn' LL0E `1 —.—_— 9EM£AteK of casEuan ' i ® R0O 6sp6 AREA sr`s9•I ozro i ' 15' I � JO' EASpIIX! I i18 -O3 -al -I4 in IIW s78i'lB IT TSI. . P, I bye ' FC � 97114'=4).05 SSTa'OlT 39.70 SJ�'JI'46i 5&15 54Jp'S51 K.JI BEG03T 0 I 918Avo I'J9'S5'E 98.52 [ 2 ' 18 -OJ -OJ -40 ( '"Et JULY 21. 1992 CURVE TABLE ER'Ee ROBERT "T HWE9 2555PLS E''� EXPRESS J 30. 2025 iIl}6' JO 65Y I ors19'EetOl I PAGE 7 DECLARATION OF TRANSMISSION LINE ACCESS EASEMENT AGREEMENT (TAX LOT 101, 1000 and 1100) AFTER RECORDING 1ETURN ASTO: CCADE TITLE COMPANY 811 MUAMETTEST., EUGENE, On W401 Lane County Clerk 2021-059416 (,'(63ZI 135�e�,czr,-217( J� Lane County Deeds and Records $132.00 After Recording, Please Return To: """"' ®" " """ 11° "" """""" 1 """ g 01976712202100694160060066 09113/2021 02:47:25 PM Springfield Utility Board RPR-ESMT Cnt=1 Pgs=G Stn=1 CASHIEROS P,O. Boz 300 $30.00 $20.00 $10.00 $11.00 $61.00 Springfield, OR 97477 TRANSMISSION LINE EASEMENT AGREEMENT (TAX LOT 300) This Transmission Line Easement Agreement (this "Agreement's dated effective this 10th day of September, 2021 (the "Effective Date'), is by and between CITY OF EUGENE, LANE COUNTY, OREGON, by and through the EUGENE WATER & ELECTRIC BOARD, a municipal corporation ("Grantor" and "EWEB' and THE CITY OF SPRINGFIELD ACTING BY AND THROUGH THE SPRINGFIELD UTILITY BOARD, a municipal corporation ("Grantee" and "SUB'D. For valuable consideration hereby acknowledged, EWEB and SUB agree as follows: 1. Grant of Easement. EWEB hereby grants, bargains, sells and conveys to SUB.a. perpetual easement in gross (the "Easement') over, under,.and across that portion of EMBs property legally described in Exhibit A attached hereto (the "Easement. Area's and depicted in Exhibit B attached hereto, for the use described in Section 2 below and on the terms and conditions of this Agreement. SUB's access to the Easement Area shall be governed. by a Transmission Line Access Easement Agreement, executed simultaneously with this Agreement, and the access easement described therein shall be appurtenant to and benefit the Easement. The Easement Area and Easement will be contiguous with the Easement. and Easement Area, as those terms are defined in the Declaration of Transmission Easement Agreement dated September 10, 2021, and recorded as Recording No. Rgl•rxayW in the deed records of Lane County, Oregon,.and the..BPA Transmission Line easement recorded in Book 454 Pages 644-645, in the deed records of Lane County, Oregon. 2. Permitted Use. SUB shall have the right to use the Easement Area for placing, constructing, operating, repairing, reconstructing, maintaining, relocating, using, and removing its Facilities. As used herein, "Facilities" shall mean electric transmission and distribution facilities, fiber telecommunication lines and their associated equipment, including, but not limited to, poles, guy wires, vaults, conduit, transformers, power lines, towers, terminals and boxes. Any and all Facilities or replacement thereof installed in or upon the Easement Area by SUB shall remain the sole property of SUB and may be removed at any time at the discretion of SUB. 3. Reserved Use. EWEB reserves the right to use the Easement Area for any other use, including. granting other easement rights, so long as such use does not impair SUB's rights hereunder, subject to the Shared Use Agreement. Except as provided in the Shared Use Agreement, EWEB agrees that it will not construct any buildings or other permanent structures other than asphalt pavement, curbs,sidewalks and driveway aprons in the Easement Area without SUB's prior consent. Each party shall comply with all applicable local, state and federal laws and regulations relative to its activities in and use of the Easement Area. In the event that EWEB grants other PAGE 1 TRANSMISSION LINE EASEMENT AGREEMENT (TAX LOT 300) rights in the Easement Area, such grantee (a) shall not interfere with SUB's Facilities, (b) shall coordinate use of the Easement Area withSUB, (c) shall secure approval from SUB of the design of any of grantee's facilities In the Easement Area, (d) shall indemnify SUB from any liability In connection with use of the Easement Area, and (e) shall reimburse SUB for any cost incurred by SUBin connection with damage to or service interruptions suffered by SUB caused by such grantee. 4. Maintenance. EWEB shall be responsible for maintaining the Easement Area for its own use and shall not be liable to SUB in connection therewith, except that neither party shall change the topography of the Easement Area Without the consent of the other party. SUB shall be responsible for maintaining the Easement Area for its own use and shall maintain and keep the Facilities in good condition and. repair. SUB shall have the right. to trim and remove trees andel shrubbery and perform other vegetation management as needed for Installation and maintenance of Its Facilities and in conformance with tatty of Springfield Tree Felling Permit 611-19.000102, or subsequent modifications thereto. SUB will remove or chip and spread all brush, slash and wood generated from this activity. SUB and EWEB shall coordinate with the other relative to installation, maintenance, operation and access to their respective facilities located in the Shared Use Areaas provided in the Shared Use Agreement. 5. Indemnity. SUB shall Indemnify, defend and hold EWEB harmless from and against any third party claims incurred in connection with the use of the Easement Area by SUB or S.UB's employees, contractors, invitees or other related parties. In the event that :either party damages the facilities of the other party in the Easement Area, such party responsible for the damage shall reimburse the other party for its costs to repair its facilities. 6. Binding Effect.. This Agreement is binding on and will inure to the benefit of the. owner of the Easement Area, the parties to this Agreement, and the successors. and/or assigns . thereof. SUB shall have the right to assign itsrights under this Agreement In connection with a transfer of Its Facilities to a third party, but shall not otherwise have the right to assign or grant to any third party rights relative to this Agreement, the Easement or the Easement Area. 7. Remedies. TIME IS OF THE ESSENCE REGARDING THIS AGREEMENT. In the event of failure by either party to perform its obligation under this Agreement, following thirty (30) days' written notice of default, the non -defaulting parry shall have the right to pursue any and all remedies available at law or inequity. 8. Amendment/Terrnination. This. Agreement may only be amended or terminated by a written instrument signed by all parties. 9. Attomev's Fees. In the event action is instituted to enforce any term of this Agreement, the prevailing party shall recover from the non -prevailing party reasonable attorney's fees incurred in such action as set by the trial court and, in the event of appeal, as set by the appellate courts: 10. Applicable Law. This Agreement shall be construed, applied, and enforced In accordance with the laws of the State of Oregon. 11. Acceptance by Grantee. SUB, as grantee hereunder, hereby approves and accepts the foregoing conveyance of easement 12. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but the same instrument. PAGE 2 TRANSMISSION LINE EASEMENT AGREEMENT (TAX LOT 300) IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written GRANTORIEWEB: CITY OF EUGENE, LANE COUNTY, OREGON, by and through the EUGENE WATER & ELECTRIC BOARD, a mu4FraLa porat' rte By: so eneral Manager STATE OF OREGON ) :ss COUNTY OF LANE ) On this I day of September, 2021 personally appeared Frank Lawson as General Manager of CITY OF EUGENE, LANE COUNTY, OREGON, by and through the EUGENE WATER & ELECTRIC BOARD, a municipal corporation, who acknowledged before me that he signed the foregoing instrument on behalf of thereof and acknowledged to me that the said municipal corporation executed the same. WITNESS my hand and official seal. OFFICIAL STAMP JULIE ANN JOHNSON ". .,' NOTARY PUBLIC -OREGON COMMISSION NO. 998173 MV COMMISSION EXPIRES MARCH 18,2024 NOTARY PUB R REGON Commission expir s: [See attached for Grantee/SUB Signature Page.] PAGE 3 TRANSMISSION LINE EASEMENT AGREEMENT (TAX LOT 300) GRANTEE/SUB: THE CITY OF SPRINGFIELD ACTING BY AND THROUGH THE SPRINGFIELD UTILITY BOARD, a municipal corporation By: Jeff Ne n, General Manager STATE OF OREGON ) :ss COUNTY OF LANE ) tt On this I r day of September, 2021 personally appeared Jeff Nelson as General Manager of THE CITY OF SPRINGFIELD ACTING BY AND THROUGH THE SPRINGFIELD UTILITY BOARD, a municipal corporation, who acknowledged before me that he/she signed the foregoing instrument on behalf of thereof and acknowledged to me that the said municipal corporation executed the same. WITNESS my hand and official seal. OFFICIAL STAMP JULIE ANN JOHNSON NOTARY PUBLIC - OREGON COMMISSION NO.588173 MY COM MISSION EXPIRES MARCH 18, 2024 PAGE 4 TRANSMISSION LINE EASEMENT AGREEMENT (TAX LOT 300) EXHIBIT A LEGAL DESCRIPTION OF EASEMENT AREA An aro of land in the Fast ane -half of Section 3, Township 18 South, Runs. 3 West of the Willamette Meridian hologram particularly described as follows: All of Parcel 1 w conveyed In dust certain Stipulated General Judgement as recorded as instrument number 2017-028337 in the Ione County Oregon Official Records and showy on CSF 44278 as filed in the Late County Oregon Surveyors Office bounded on the north by the following Described Line, on the east by Poet certain electric Imosmission easement line to the UNITED STATES OF AMERICA (aka BPA Easement), and on the south by the northeasterly right-of-way of the I-5 Freeway. DESCRIBED LINE: Bagimingatamog unit with washer stamped "Branch Eng" m shown on County Survey File nunber44759 In dle We County Oregon Surveyors Office marking the Northeast comer of Patent 2, Land Partition PW 93-PO340 recorded April 23, 1993 in the Lane County Oregon Plus Records; Thence South 26°49'02" Fast along the Beat boundary of mid parol, adirtaaeo of349.50 fat; Tbence South 12°5333" Fast 15920 Rat; Thence leaving the east boundary of said Pmeel 2, North 89°44'48" East 140.35 fat; Thence South 53054'32' East 942.16, fat mom or less, to the West boundary of theme percale a conveyed in the above described Stipulated General Judgement and the Trine Paint of Beginning of the Described Lime herein; Thence continuing South 53°54132" Far 64.62 feet; Thence South 74"40'54" Fast 313.43 Ret, more or less, to intetaa't with the existing electric hatttmistion easement line to the UNITED STATES OF AMERICA Records (aka. 'BPA Easement) recorded in book 454 pages 644.646 in the We County Oregon Official Records and there cndin& all in lane County Oregon. The south end of The Described Liu* haroin to bo ahortoncd or Ienatbcncd to IcmtinAw m, dn. si*Aing umwurLa;w ihm msanau twmWg In a generally East-West direction at this location. This described area is depicted an Exhibit B attached berate. The hearings herein me based on the Oregon Coordimw Reference System — Eugene Projection 2011 (epah 2010). REGISTERED PROFESSIONAL LAND SURVEYOR I%� JULY 21,1092 ROBERTC.HNES PAGE 5 TRANSMISSION LINE EASEMENT AGREEMENT (TAX LOT 300) EXHIBIT B DEPICTION OF EASEMENT AREA gin „� y NE COR Pura z i ,' F"IBIT B ll n L -PN 93-MJ40 , / SPRINGREW LTUJY Y i BNRD E/SEWSUr GINEERING_ J°Y,6, ZD20 Lv � scnLE: r"mzoD' Sitme 39T/ — 31P sm Sveec SPdn9044d, 09 974)1 541-746.0631 mNw-firenchEn9inep4lrtg,[om `� j PAGE 6 TRANSMISSION LINE EASEMENT AGREEMENT (TAX LOT 300) REGISTERFESBIDED PftpNAL lAM SUBVEYINi ORE6pN JULY 24. 1992 ROBERT C. "WS 2659PL8 E%PWE6, June 50. 202, \ "e L3 � �:�;`� Y , BURPS \\// { 4= i S5T54'31'E 94216 z' it 551'54'32 E 64.61 $24'40'S4T JI34J LEGEND I JL4 — Paa^ersrsrc K I 1 / k aecrw raAx: 5 w / LINE USLY Bfi, R RNM i 5BB , P.O.B. cR i N muwv ' L USCG m 4aU i � I ' WEST 80UNAlRY GK � % , Oxl .'b1>-os8JT1 L6 WCSRTKY SW fARNpL PARCEL 100CCA09 18-03-0-7-40 Zpl]-018-7-7] •� Jj A Soo EW.EB. PAGE 6 TRANSMISSION LINE EASEMENT AGREEMENT (TAX LOT 300) REGISTERFESBIDED PftpNAL lAM SUBVEYINi ORE6pN JULY 24. 1992 ROBERT C. "WS 2659PL8 E%PWE6, June 50. 202, LINE TABLE moa¢ BURPS gSTANCE N89'N'48E 4= LI S5T54'31'E 94216 551'54'32 E 64.61 $24'40'S4T JI34J PAGE 6 TRANSMISSION LINE EASEMENT AGREEMENT (TAX LOT 300) REGISTERFESBIDED PftpNAL lAM SUBVEYINi ORE6pN JULY 24. 1992 ROBERT C. "WS 2659PL8 E%PWE6, June 50. 202, \/\ mA. P & B PA . 2,00 , m \ �y \ »!, \/\ mA. P & B CCA 10 Mr. Nick Amann Springfield Utility Board 1001 Main Street Springfield, Oregon 97477 NickA@subutil.com Dear Mr. Amann: Enclosed is your fully executed Department of the Army Permit. Please carefully read the permit and its conditions. This permit 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. The time limit to complete the authorized work is in General Condition 1. If the work cannot be completed prior to the time limit, you may apply for a time extension. We recommend you apply for a time extension at least 90 days before the time limit is reached. Failure to comply with all terms and conditions of this permit 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. 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: https://corpsmapu.usace.army.mil/cm_apex/f?p=136:4. DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, PORTLAND DISTRICT EUGENE FIELD OFFICE g 211 E 7TH AVENUE, SUITE 105 EUGENE, OR 97401-4763 July 7, 2020 Regulatory Branch Corps No. NWP-2018-610 Mr. Nick Amann Springfield Utility Board 1001 Main Street Springfield, Oregon 97477 NickA@subutil.com Dear Mr. Amann: Enclosed is your fully executed Department of the Army Permit. Please carefully read the permit and its conditions. This permit 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. The time limit to complete the authorized work is in General Condition 1. If the work cannot be completed prior to the time limit, you may apply for a time extension. We recommend you apply for a time extension at least 90 days before the time limit is reached. Failure to comply with all terms and conditions of this permit 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. 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: https://corpsmapu.usace.army.mil/cm_apex/f?p=136:4. -2 - If you have any questions, please contact me by telephone at (541) 465-6765 or email at melanie.s.omeara@usace.army.mil. Sincerely, Melanie O'Meara Eugene Section Chief, Regulatory Branch Enclosures cc: Wetlands and Wildlife, LLC (Brian Meiering, brian@wetlandsandwildlifellc.com) Oregon Department of State Lands (Charles Recon, charles.redon@state.or.us) Oregon Department of Environmental Quality (401 applications@deq.state.or.us) Oregon Department of Environmental Quality (Alex Holecek, Alex.Holecek@state.or.us) Department of Defense Siting Clearinghouse (osd.dod-siting-clearinghouse@mail.mil) District Commander, U.S. Coast Guard, Thirteenth District (D13-SMB-D13- LNM@uscg.mil) COA 10 DEPARTMENT OF THE ARMY PERMIT Permittee: Springfield Utility Board 1001 Main Street Springfield, Oregon 97477 Permit No: NWP-2018-610 Issuing Office: U.S. Army Corps of Engineers, Portland District NOTE: The term "you" and its derivatives as used in this permit means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the U.S. Army Corps of Engineers (Corps) having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: You are authorized to discharge up to 1,910 cubic yards of native soils and base gravel/rock into 1.53 acres of the on-site to grade and prepare the site for electrical substation development. In addition, to support the grading work, you are authorized to remove up to 2,090 cubic yards of native soils and bedrock in the same 1.53 acres of the wetland. You will avoid 1.313 acres of the wetland, as depicted on the permit drawings. Purpose: To provide increased electrical energy distribution capacity for a sub -region of the Springfield Utility Board service area, specifically the Glenwood area. Project Location: In wetlands that drain to the Willamette River at 3865-3899 East 22nd Avenue, in the city of Springfield, Lane County, Oregon. Drawings: Six (6) (Attachment 1) Permit Conditions: General Conditions 1. The time limit for completing the work authorized ends on July 7, 2025. If you find that you need more time to complete the authorized activity, submit your request fora time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this NWP-2018-610 Page 1 of 8 requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition No. 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions (Attachment 2). 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Special Conditions: a. Upon starting the activities authorized by this permit, Permittee 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: NWP- 2018-610, Lane County. b. Permittee shall clearly flag or mark the limits of the permit or construction boundaries with construction fencing to confine aquatic impacts to those authorized. Where avoided wetland areas do not directly abut areas of impact, markers shall be installed with a 20 -foot setback from wetland boundaries. Within the wetlands at the avoidance/impact interface, markers shall be installed but no setback is required. Permittee shall maintain the markers during construction and throughout the monitoring period. Permittee shall not remove vegetation or operate heavy equipment outside the designated construction footprint. Upon completion of the project these protected areas would be preserved as a buffer. c. Permittee shall take the necessary precautions to prevent any petroleum products, chemicals, or deleterious or toxic materials from entering waterways during construction. NWP-2018-610 Page 2 of 8 d. All vehicles shall be stored and fueled a minimum of 150 feet from any waterbody. e. All practicable erosion control devices shall be installed and maintained in good working order throughout construction to prevent the unauthorized discharge of material into a wetland and minimize increases in turbidity resulting from the work. The devices shall be installed in a manner to maximize their effectiveness, e.g., sediment fences shall generally be buried or similarly secured. These controls shall be maintained until permanent erosion controls are in-place or are no longer necessary. f. Permittee shall inspect the erosion control devices on a daily basis to confirm that they are in proper working order. Any maintenance necessary shall be implemented immediately prior to the continuation of construction activities. g. This Corps permit does not authorize you to take an endangered species in particular those species identified in Attachment 3. In order to legally take a listed species, you must have separate authorization under the Endangered Species Act (ESA) (e.g., an ESA Section 10 permit, or a biological opinion under ESA Section 7, with "incidental take' provisions with which you must comply). The National Marine Fisheries Service (NMFS) Stormwater, Transportation and Utilities programmatic biological opinion dated March 14, 2014 (NMFS Reference Number NWR-2013- 10411), contains the mandatory terms and conditions to implement the reasonable and prudent measures that are provided in the "incidental take' statement associated with the opinion. Your authorization under this Corps permit is conditional upon your compliance with all of the applicable mandatory terms and conditions associated with the incidental take statement. Failure to comply with the applicable terms and conditions associated with incidental take of this opinion, where a take of the listed species occurs, would constitute an unauthorized take, and it would also constitute noncompliance with your Corps permit. The NMFS is the appropriate authority to determine compliance with the terms and conditions of its opinion and with the ESA. h. Permittee shall fully implement all applicable Project Design Criteria (PDC) of the SLOPES V Stormwater, Transportation and Utilities programmatic biological opinion. A detailed list of the PDCs are enclosed (Attachment 3). The applicable PDCs for the project include numbers: 13, 25-27, 30-31, 36(a -f), and 38. This Corps permit does not authorize you to take an endangered species, in particular the Bull Trout (Salvelinus confluentus). In order to legally take a listed species, you must have separate authorization under the Endangered Species Act (ESA) (e.g., an ESA Section 10 permit, or a biological opinion under ESA Section 7, with "incidental take' provisions with which you must comply). The U.S. Fish and Wildlife Service (USFWS) programmatic biological opinion dated June 29, 2017 (USFWS Reference Number 01 EOFWDO-2017-F-0370), titled Formal Consultation for Standard Local Operating Procedures for Endangered Species to Administer Stream Restoration; Stormwater, Transportation, or Utilities Actions; and In -Water or NWP-2018-610 Page 3 of 8 Over -Water Structure Actions and Effects to Bull Trout and Bull Trout Critical Habitat (USFWS Bull Trout SLOPES), contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with the "incidental take" that is also specified in the opinion. Your authorization under this Corps permit is conditional upon your compliance with all of the applicable mandatory terms and conditions associated with the incidental take statement. Failure to comply with the applicable terms and conditions associated with incidental take of this opinion, where a take of the listed species occurs, would constitute an unauthorized take, and it would also constitute noncompliance with your Corps permit. The USFWS is the appropriate authority to determine compliance with the terms and conditions of its opinion and with the ESA. j. Permittee shall fully implement all applicable Project Design Criteria (PDC) of the USFWS Bull Trout SLOPES. A detailed list of the PDCs are enclosed (Attachment 4). The applicable PDCs for the project include numbers: 1 G, 3G -7G, and 21 G. k. Permittee shall obtain 1.53 credits from the Muddy Creek Mitigation Bank. Prior to performing work in waters of the U.S. authorized by this permit, permittee shall submit documentation of the completed mitigation bank transaction to the U.S. Army Corps of Engineers, Portland District, Regulatory Branch. Documentation shall be submitted by e-mail to cenwp.notify@usace.army.mil and the email subject line shall include: NWP-2018-610, Lane County. Permittee shall submit an as -built report to the Corps within 60 days of construction completion. The report shall contain photographs of the site and the initial grading survey. A map identifying the locations and directions of the photographs shall be included in the as -built report. The as -built report shall be provided by e-mail to cenwp.notify@usace.army.mil and the email subject line shall include: NWP-2018- 610, Lane County. If you are submitting files larger than 10 MB, contact your county Regulatory Project Manager for instructions. m. Permittee shall complete and sign the enclosed Compliance Certification (Attachment 5). Permittee shall submit the completed certification to the U.S. Army Corps of Engineers, Portland District, Regulatory Branch within 30 days of completion of the authorized activity. The completed certification shall be provided by e-mail to cenwp.notify@usace.army.mil and the email subject line shall include: NWP-2018-610, Lane County. If you are submitting files larger than 10 MB, contact your county Regulatory Project Manager for instructions. Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: ( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). (X) Section 404 of the Clean Water Act (33 U.S.C. 1344). NWP-2018-610 Page 4 of 8 () Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this Authorization: a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability: In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to NWP-2018-610 Page 5 of 8 have been false, incomplete, or inaccurate (see 4 above) c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions: General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. NWP-2018-610 Page 6 of 8 Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. (PERMITTEE SIGNATURE) (DATE) ./V ' %d A /U f fl"G Nh (PRINTED NAME) (TITLE) el This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. FOR THE COMMANDER, AARON L. DORF, COLONEL, CORPS OF ENGINEERS, DISTRICT COMMANDER: Digitally signed by DAVIS.JAIMEE.W.1255781100 For: v Y' Date: 2020.07.06 22:24:45 -0700' (DISTRICT COMMANDER) (DATE) William D. Abadie Chief, Regulatory Branch NWP-2018-610 Page 7 of 8 When the structures or work authorized by this permit are still in existence at the time the property is transferred , the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign below. PERMIT TRANSFEREE: Signature DATE Name (Please print) Address City, State, and Zip Code NWP-2018-610 Page 8 of 8 Yp�[ I JJ 4 S t'. �' oro it , a(Mb08 AlIlLLIl Ol3llelXNJS .� 8 o.w M NOI1tl1SSOS-Ntl1d 311S ;I v J i !� �oh � g 33 Y. i 1 � /✓ I _ i/iiii. �� a(Mb08 AlIlLLIl Ol3llelXNJS .� 8 o.w M NOI1tl1SSOS-Ntl1d 311S ;I v J i !� �oh � g 33 Y. i 0 Im ww a ...,r... Z00[4WE4448404WLLLOfY &olx%1 WadtlW tl0'PIaYBuutlShoauusl'JW QI] 4tl N011d0'S14tldW10340tlOtld � hew 0 8 O m m I zl asg < NOS`u m a 9 o; tlx • tp H_ ii '',a 1 oa ti w a I _ � I I � f I1NL VlJnp 8 O m m OIL tl -C SEE 12 A 6 1 SCALE: 1 " = 100' �Pn IN EE RI NG. SPRINGFIELD UTILITY BOARD 310 5th Street, 5pringfielE OR 97477 1 p: 541.746.0637 1 ury V3 718119 N N i 50 0 loo FIGURE #1 KEY MAP JAN 25, 2019 Project Na: 18.107 SECTION A—A \—DETENTION BASIN SECTION B—B I I EXISTING GROUND PROFILE ACCESS ROAD SCALE: 1" = 100' 310 Sth SECTION C—C XISTINO WET ND- BOUNDARY 530 530 - - _ 540 -� SWALE PROPOSED GRADING 530 [520 520 510 EXISTING GROUND PROFILE I IN GARDEN . 520 - 510 \—DETENTION BASIN SECTION B—B I I EXISTING GROUND PROFILE ACCESS ROAD SCALE: 1" = 100' 310 Sth SECTION C—C ID PROFILE PROPOSED GRADING `DETENTION BASIN ,h GLENWOOD SUBSTATION TNG: SPRINGFIELD UTILITY BOARD aringflelA OR 97477 1 p: 541.746.0637 1 w .bmnchengineering.com V2 3/19/19 FIGURE #2 SECTION VIEWS JAN 25, 2019 No: 18407 EXISTING GRUUI 530 530 520 1 520 510 r 1 510 ID PROFILE PROPOSED GRADING `DETENTION BASIN ,h GLENWOOD SUBSTATION TNG: SPRINGFIELD UTILITY BOARD aringflelA OR 97477 1 p: 541.746.0637 1 w .bmnchengineering.com V2 3/19/19 FIGURE #2 SECTION VIEWS JAN 25, 2019 No: 18407 �bF b F iP.Or ,�,.va I3eparhne�it ofEnyikpmnental Qualify 4 iii! lY :z� Nasthweat kregian Portland QkftGe/water Quati9y 7W NE.Multnoniah5teeeE Suite 60tl \sev- ria prawn, Governor Parkland,OR 97232.470E ($0.3) 229-5263 FAX (503) 229-6957 TTY 911 December 5, 2n19 Nick Amann Springfield Utility Board 1001 Main Street Springfield, OR 97477 RE; NWP-2019.1110; Springfield Utility Board Glenwood Substation 401 Water Quality Certification The Oregon Department of Environmental Quality (DEQ) has reviewed the U.S. Ani Corps of Engineers (USACE):permit application #NWP-201MIG .(Department of -State Lands{DSLj #61795=RF), pursuant to a request for a Clean Water Act Sectlen 401 Water Quality Certification received on March 27, 2019. Di 401 Waiver Quality Certification public comment information was circulated with the Corps' public notice, and DEQ received several public comments. Theta comments were considered in mating this final certification decision. According to the application, the Springfield Utility Hoard (tire `Applicant') proposes to impact 1.53 acres of wetlands adjacent to the Willamette River. The purpose of the project is to construct an electrical substation- The project is located in Springfield, Lane County, Oregon (Section 3, Township 18 South, Range 3 Westi Project Description: The Applicant proposes to impact approximately 1.50 acres of wetlands by excavating approximately 2,090 cubic yards (CY) of earthen metarlal and discharging approximately 1,910 CY of fill material intowetlands adjacent to drainage systems that discharge to the Willamette River. The Applicant proposes to build a driveway; gravel pads; and other substation infrastructure, as well as stwinwater facilities. The Applicant proposes to mitigate for wetland impacts by purchasing I Z8 acre oredltfrom Evergreen Wetland Mitigation Bank In addition to avoiding 2.58 acres of wetlands remaining an site. Status of Affected Waters of the State: The Willamette River is classified as water quality limited underthe Federal Clean Water Act and is listed on the Section 303(d) List of impaired water bodies for the parameters of biological criteria, iron, and manganese; and has an Environmental Protection Agency Total Maximum Baily Load (TMDL) developed for the parameters of temperatura, dioxin, and E.cafi. In addition, the entire Upper Willamette Basin has a TMDL for all perennial streams andfish-bearing intermittent streams for temperature. The above listed parameters Impairthe following beneficial uses !nine Willamette River; Public Domestic Water Supply, Private Domestic Water Supply, Industrial Water Supply, Irrigation; Livestock Watering; Fish and Aquatic Life, and Wildlife and Hunting. Additional beneficial uses include: Fishing, Beating, Water Contact Recreation, and Aesthetic Quality, Certification Decision., Based on the information provided by the Applicant and the USAGE, DEQ is reasonably assured the project will be consistent with applicable provisions of NWP-2018-610 1 &9 Attachment 2 NWP-2078-640.' Springfield Utility Board Glenwood Substation Page 2 Sections 301, 302, 303, 305 and 307 of the federal Clean Water Act, state water quality standards set forth in Oregon Administrative Rules Chapter 340 Division 41 and other requirements of state law, provided the following conditions are strictly adhered to by the Applicant. 401 WQC GENERAL CONDITIONS 1) Responsible parties; This 401 WQC applies to the Applicant. The Applicant is responsible for the work of its contractors and subcontractors, as well as any other entity that performs work related to this Water Quality Certification. 2) Work Authorized: Work authorized by this 401 Water Quality Certification is limited to the work described in the Joint Permit Application signed on February 13, 2019 and additional application materials, unless otherwise authorized by DEQ. If the project is operated in a manner that's not consistent with the project description in the permit application materials, the Applicant is not in compliance with this 401 Water Quality Certification and may be subject to enforcement. 3) Duration of Certificate: This 401 Water Quality Certlfloatlon for impacts to waters, Including dredge and fill activities, is valid until closure of the in -Water timing window of the fifth year from the date of issuance of the USACE 404 permit. A new or modified 401 certification must be requested before any modification of the US Army Corps of Engineers 404 permit. Post construction stormwater facilities must be maintained for the life of the facility. 4) 401 WQC on Site: A copy of this 401 Water Quality Certification must be kept an the job site and readily available for reference by the Applicant and its contractors and subcontractors, as well as by DEQ, USAGE, National Marine Fisheries Service, Oregon Department of Fish and Wildlife and other state and local government inspectors,. 5) Modification: Any approved modifications to this certification will incur a Tier 1 fee of $985 at a minimum. Complex modifications may be charged a higherfea. 6) Notification: The Applicant must notify DEQ of any change in ownership or control of this project within 30 days, and obtain DEQ review and approval before undertaking any change to the project that might affect water quality. 7) Project Changes: DEQ may modify or revoke this certification, in accordance with Oregon Administrative Rules 340-043.0050, if the project changes or project activities are having an adverse impact an state water quality or beneficial uses, or if the Applicant violates any of the conditions of this certification. 3) Access: The Applicant and its contractors must allow DEQ access to the project site with or without prior notice, including staging areas, and mitigation sites to monitor compliance with these certification conditions, including: a. Access to any records, logs, and reports that must be kept under the conditions of this certification b. To inspect best management practices, monitoring or equipment or methods NWP-2018,610 2&9 Attachment 2 NWP�201$-QfA sjzringffeld /polity Board Glenwood Substation Page 3 c. To collect samples ormonitor any discharge 'ofpollutants g) Failure of any person or entity to comply with this order may result in the issuance of civil penalties or other actions, whether administrative erjudicial, to enforce its.. terms. CONSTRUCTION SPECIFIC CONDITIONS 10) Erosion Control. During construction, erosion control measures must be implemented to prevent soil from reaching waters of the state.. Tire Applicant is required to develop and implement an effective erosion and sediment control pian. Refer to DEQ!90regon Sediment and Erosion Control Manual, January, 2013 at Any project that disturbs more than one acre is required to obtain a National. Pollutant Discharge Elimination System 1200-C construction atormwa#er general permit from DEQ. Contact DEQ for more information (Contact information can be found at: hgps:ffwww.oreeon.eoyfdeo/wofwapermlts/PaneslStormwaterConstruckior.asnx In addition, the Applicant must do the following unless otherwise authorized by DEQ: a. Maintain an adequate supply of materials necessary to control erosion at the construction este b, Erosion of stockpiles is prohibited. Deploy compost berms, impervious materials, or other effective methods during rain or when stockpiles are not moved or reshaped for more than 48 hours. c. inspect erosion control measures dally and maintain erosion control measures as often as necessary to ensure the continued effectiveness of measures. Erosion control measures must remain in place until all exposed soil is stabilized. L If monitoring. or inspection shows that the erosion and sediment controls are ineffective, the Applicantmust act immediately to make repairs,. install replacements, or Install additional controls as necessary. II; If sediment has reached a third of the exposed height of a sediment or erosion control, the Applicant must remove the sediment to its original contour. it, Use removable pads or mats to prevent soil compaction at at( construction access points through, and staging areas In, riparian or wetland areas to prevent soil compactlpn, unless otherwise authorized by DEQ. e. Flag or fence off wetlands not specifically authorized to be impacted to protect from disturbance and/or erosion. t. Place dredged or other excavated material on upland areas with stable slopes to preventmaterialsfromeroding back irate waterways or wetlands. g, Place clean aggregate at all construction entrances, and utilize other best management practices, including, but not limited to truck or wneetwashes, when earth -moving equipment is leaving. the site and traveling -on paved surfaces. Vehicles are prohibited from tracking sediment offsite. h. This certlfioatlon does botauthorize the placementof best management praclices Into waters of the state unless specifically outlined in the application and authorized by DEQ. NWP-2018-610 3 ar 9 Attachment 2 NWR2018-670,' Sprtngflefd Utility Board Glenwood Substation Page 4 1. Upon completion of construction activities, stermwaterfacilities must he inspected and adequately prepared for post -construction starmwater treatment. j. Upon. completion of construction activities, stormwater facilities must be tested to ensure they are working and adequately prepared for post -construction stormwater treatment. 11) Deleterious waste materials: The Applicant is prohibited from placing biologically harmful materials and construction debris Including, but not limited to: • petroleum products + chemicals • cement cured lass than 24 hours • welding slag and grindings • concrete saw cutting by-products • sandblasted materials • chipped paint • tires, wire, steel posts, asphalt and waste concrete where such materials could enter waters of the state, including wetlands (wetlands are waters of the state). The Applicant must: a. Cure concrete, cement, or grout for at least 24 hours before any contact with flowing waters; b. Use only clean fill, free of waste and polluted substances c. Employ all practicable controls to prevent discharges of spills of harmful materials to surface or groundwater d. Maintain at the project construction site, and deploy as necessary, an adequate supply of materials needed to contain deleterious materials during a weather event e. Remove all foreign materials, refuse, and waste from the project area f. Employ general good housekeeping practices at all times 12) Spill prevention: The Applicant must have a spill prevention and control plan. The Applicant must fuel, operate, maintain and store vehicles and equipment, and must store construction materials, in areas that will not disturb native habitat directly or result in potential discharges. In general, reasonable precautions and controls must be used to prevent any discharges of petroleum products or other harmful ortosdc materials from entering the water as a result of any in -water activities. In addition, the following specific requirements apply: a. Vehicle and motorized equipment staging, cleaning, maintenance, refueling, and fuel storage must take place in a vehicle staging area 150 feet or more from any waters of the state. DEQ may approve in writing exceptions to this distance if all practical prevention measures are employed and this distance is not possible because of any of the following site conditiens: I. physical constraints that make this distance not feasible (e,g., steep slopes, rock outcroppings) ii. Natural resource features would be degraded as a result of this setback iii. Equal or greater spill containment and effect avoidance is provided even if staging area is less than 150 feet away from waters of the state NWP-2018-610 4 of 9 Attachment 2 NWP-2016-M., Springreld Utility Board Qlsriwuod Substation Page 8 b. If staging areas are Within 150 feet of any waters of the state, as allowed under subsection (a)(M) of this condition, full containment of potantlal contaminants must be provided to prevent soil and water contamination, as appropriate c. All vehicles operated Within 150 feet of any waters of the state must be inspected daily 1I fluid leeks before leaving the vehicle staging area. Any leaks detected in the vehicle -staging area must be repaired before the vehicle resumes operation d. Before operations begin and as often as necessary during operation, equipment must be steam cleaned (or undergo an approved equivalent clearifng) until all visible all, grease, mud and other visible contaminants are removed if the equipment Will be used below the bank of aworterbody e All stationary power equipment (e:g., generators, cranes; stationary drilling equipment) operated within 450 feet of any waters of the state must be covered by an absorbent mat to prevent leaks, unless other suitable containment is provided to prevent potential spills from entering any waters of the state f. An adequate supply of materials (such as straw matting/bales, geotextiles, boome, diapers, and other absorbent materials} needed to contain spills must be maintained at the projectccnstrucban site and deployed asnecessary g. All equipment operated in state waters must use bfo-degradable hydraulic fluid In. A maintenance log documenting equipment maintenance inspections and actions must be kept on-site and available upon request 13) Spill &InraelentReporting.- a, In the event that petroleum products, chemicals, cr any other harmful materials are discharged Into state waters, or onto land with a potential to enter state waters, the Applicant must promptly report the discharge to the Oregon Emergency Response System (800-459-03'11). The Applicant must immediately begin containment and complete cleanup as soon as possible. laIf the pioject operations cause a water quality problem which results in distressed. or [lying fish, the Applicant must Immediately: • Cease operations • Take appropriate corrective measures to preventfurther environmental damage • Note condition offish (dead, dying, decaying, simile, or unusual behavior) • Note the number, species, and size offish in each condition • Nate the location offish relative to operations • Note the presence of any apparently healthy fish in the area at the same time • Collect fish specimens and water samples • Notify DEQ, Oregon. Department of Fish and Wildlife, National tylarine Fisheries Service and U:S. Fish and Wildlife Service as appropriate (reporting of listed fish mortality to National Marine Fisheries Service is required). 14.) 'Vegetation Profection and Restoration: a The Applicant must protect riparian, wetland., and shoreline vagetation in the authorised project area (as defined In the permit application materials) from disturbance through one or more of the following: NW P-2018-610 5 of g Attachment 2 NWP-2016-610; Springfield Utility Soard Gienwood Substation Page e i. Minimization of project and impact footprint H. Designation of staging areas and access points in open, upland areas iii. Fencing and other barriers demarcating construction areas iv. Use of alternative equipment (e.g., spider hoe or crane) b. If authorized work results in vegetative disturbance and the disturbance has not been accounted for in planned mitigation actions, the Applicant must successfully reestablish vegetation to a degree of function equivalent or better than before the disturbance. The standard for success is 80 percent coverfor native plant species. The vegetation must be reestablished by the completion of authorized work and include: 1. Restoring damaged streambanks to a natural slops, pattern, and profile suitable for establishment of permanent woody vegetation, unless precluded by pre -project conditions (e.g., is natural rack wall) ii. Replanting or reseeding each area requiring revegetation before the end of the first planting season following construction Ill, Planting disturbed areas with native plants and trees in all cases except where the use of non-native plant materials may be essential for erosion control iv, The use of invasive species to re-establish vegetation is prohibited v. Herbicides, pesticides and fertilizers must be applied per manufacture's instructions, and only If neccesary forvegetatlon establishment. If chemical treatment is necessary, the Applicant is responsible for ensuring that pesticide application laws, including with the National Pollutant Discharge Eliminations System 2300-A general permit are met. Please review the information on the following wabsits for more information: h,�,gt s-t/www oreopn aovFdeafwaM+oosrmitslPaoeslPesticide aspx Additionally: 1. Unless otherwise approved it) writing by DEQ, applying surface fertilizer within stormwater treatment facilities or within 50 feet of any stream channel is prohibited. 2- Otherthan spot application to out stems, no herbicides are allowed within stormwater treatment facilites or within 150 feet of waters of the state, Mechanical, hand, or other methods may be used to control weeds and unwanted vegetation within stormwater treatment facilites orwitntr 150 feet of waters of the state', and 3. No pesticides may be used within stormwater treatment facilities or Within 150 feet of waters of the state. w. Install wildlife -friendly fencing as necessary to prevent access to revegetated sites by livestock or unauthorized persons W. Minimize soil compaction, especially in areas that are designated for replanting. If soils are compacted, decompact staging areas and work construction areas prior to replanting. Leave topsoil when possible. Chip materials from clear andgrub operation and spread on soil surface, unless cleared areas contained invasive species. 15) Maintain existing vegetative buffers to a minimum of 50 feet during construction and post-uonstruckton to protect riparian areas and wetlands, unless described in the application and authorized in writing by DEO. NWP-2018-610 6 & 9 Attachment 2 MWP-20141-610. Springrold Wilily Board Gtenmod Substatioh Page 7 18) Previously Contaminated Soft and Groundwater: If any contaminatedsoftor groundwater is encountered, it must be handled and disposed of in accordance with the soil and groundwater management plan: for the site, as Well as local, state and federal regulations. The Applicant must notify the Environmental Cleanup Section of DEQ at 800.452-4011 Ex.6258. 17) Notification to DEQ; The Applicant must provide pre -construction notification to DEQ one week before construction starts Contact information can be found et the end of the certification. SPECIFIC CONDITIONS. FOR POST GONSTRUGTION STQRMWATER MANAGEMENT 23) Post Construction Stormwater Management, The Applicant must implententand comply with the terms of the approved post -construction stormwater management plan, which describes best management practices to prevent ortrest pollution in stormwater anticipated to be generated by the project in order to comply with slate water quality standards. The Applicant must implement best management practices as proposed in the stormwator management plan, Including operation and maintenance, dated January 25, 2019. If proposed stormwater facilities change due to site conditions the Applicant must receive approval in writing from DEQ to make changes. Stormwater infrastructure include swales, rain gardens, level spreaders, a filter strip and an open vagetated detention basin. Runoff from the gravel pad and gravel roadway and roof will be directed to some combination of treatment and detentions system on the north side of the sit- prior to being released into wetlands or ofisrte drainage patterns. Within 30 days of project completion, the Applicant must submit a copy of the "as - Wits" or red -lined construction drawings showing all stormwater management facilities. 24) Storrawater Management $ System Maintenance: The Applicant is required to implement effective operation and maintenance practices for the lifetime of the proposed fod tty. These include but are not limited to: a. Maintenance techniques and frequency for each system component must follow appropriate recommendations in accepted manuals b. Long-term operation and maintenance of stormwater treatment %oilities will be the responsibility of the Springfield Utility Board, unlessand until an agreement transferring that responsibility to anotharentify is submitted to DEQ. 25) corrective Action May Be Required: DEQ retains the authority to require corrective action in the event the stormwater management facilities are not built orperforming as described in the plan, If the Applicant is not satisfied with the conditions contained in this certification, a contested Case hearing may be requested in accordance with Oregon Administrative Rule 340.448-0045,. Such requests must be made in writing to the DEQ Office of Compliance and Enforcement at 700 NE Multnomah St, Suite 800, Portland. Oregon 97232 within 20 days of the mailing of Able certification. NWP-2018-610 7 ar 9 AVachment 2 NWP-201 B-Bto- Springfield Utility Board Glenwood Substation Page e DEQ hereby eertill this project, with the above conditions, In accordance with the Clean Water Act and state rules. If you have any questions, please contact Alexandre Hole4ek at alex.halecekAstats.or.us, by phone at (541) 886-7763, or at 165 E. 7" Ave, Suite 100 Eugene, OR 97401. Sincerel4411 t Steve Mrazik Water Quality Manager Northwest Region ac., Melanie O'Meara, USACE Charles Radon, DSL Marc Liverman, NMFS Brain Meiering, Wetlands and Wildlife NWP-2018-610 8 of 9 Attachment 2 O'Meara, Melanie S CIV USARMY CENWP (USA) From: HOLECEK Alex <Alex.HOLECEK@state.or.us> Sent: Friday, May 15, 2020 11:11 AM To: O'Meara, Melanie S CIV USARMY CENWP (USA); brian@wetlandsandwildlifellc.com; marc.liverman@noaa.gov; REDON Charles; nicka@subutil.com; Cc: Nathan Subject: [Non-DoD Source] WQC Revision for 2018-610 Glenwood Substation Hello Everyone, As you are aware, DEQ issued the 401 Water Quality Certification for NWP-2018-610 Glenwood Substation on December 5, 2019; however, changes to the 401 WQC are as follows: The total number of mitigation credits is 1.53, not 1.58 as stated in the 401. Likewise, the mitigation bank should be Muddy Creek, not Evergreen as stated in the 401. These changes are reflected in our database and these changes do not modify the project's stormwater plan, therefore a new 401 is not required. Thank you for allowing DEQ the opportunity to correct errors, Alexandra Holecek 401 WQCSpecialist Oregon Department of Environmental Quality 165 E 7th Ave, Suite 100 Eugene, OR 97401 541-686-7763 <teh(541)%20686-7763> alex.holecek@state.or.us<mailto:alex.holecek@state.or.us> 1 NWP-2018-610 9 of 9 Attachment 2 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 Statu ESA s Is the action likely to adversely affect this species or its critical habitat? Is the action jeoparIIbar i diz a this species? Is the action likely to destroy or adversely modify critical habitat for this species? Lower Columbia River Ch'mook 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 Coro salmon T Yes No No' Oregon Coast Cohn salmon T Yes No No Southern OregoNNorthem California coasts Cohn 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 El, lachon T Yes No No Salam resident killer whale T No No N/A NWP-2018-810 1 of 37 Attachment 'Crifical habitat has been proposed for LCR Coho salmon. Fishery Management Plan that Describes Would the bestial, adversely affect Are EFH conservation recommendations Coastal Pelagic Species Yes Yes Pacific Coast Grocndfsh Yes Yes Pacific Coast Salmon Yes Yes Consultation Conducted By: National Marine Fisheries Service West Coast Region yo Wilti telle 7r. Issued by: Regi nal Administrator Date Issued: March 14, 2014 NW P-2018-610 2 of 37 Attachment 3 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. N W P -2018E10 3 of 37 Attachment 3 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-2018-610 4 of 37 Attachment 3 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 (USAGE 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 at. (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-2018-610 5 of 37 Attachment 3 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. G. 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:" 1. If conductivity is less than 100 ps, use 900 to 1100 volts. 2. If conductivity is between 100 and 300 ps, use 500 to 800 volts. 3. If conductivity greater than 300 ps, 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. " National Marine Fisheries Service. 2000. Guidelines for electrofishing venters containing Salmonid Iated under the Endangered Species Act. Portland, Oregon and Santa Rase, California htto/Isvv.nmfs.noaa.00vlsrIElectrofishina Guidelines.odf NWP-2018-610 6 of 37 Attachment 3 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 orjuvenile 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 2011 a) for the life of the action. 20. Fish Screens a. Submitto NMFS for review and approval fish screen designs for surface water diverted by gravity or by pumping ata 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 "National Marine Fisheries Service 2011. Anadernous Salmonid passage facility design. Narthwest Region htl '11w 1 bl' f Ih d if If h-oa ... ne-d..ion.piJf NWP-2018-610 7 of 37 Attachment 3 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 necessaryto 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-2018-610 8 of 37 Attachment 3 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 products13 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 (2011 a); e.g.. mineral oil, pclyglycal, vegetable oil, synthetic eater; Mobil® biodegradable hydraulic oils, Total® hydraulic fluid, Termsolve Technologies Ltd® bio -based biodegradable lubricants, Cougar Lubrication® 2XT Bic engine ail, Series 4300 Synthetic Bic -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-2018-610 9 of 37 Attachment 3 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. G. 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 pan 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 L 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. '" 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. 's Treated woods may contain chromated copper arsenate (CCA), ammoniacal copper zinc arsenate (ACZA), alkaline capperquat (ACQ-B and ACC -D), ammoniacal copper citrate (CC), capper azole (CBA -A), copper dimethyldithiocarbamate (CDDC), borate preservafives, and oil - type wood preservatives, such as creosote, pentachlorophenol, and capper naphthenate. NW P-201 M10 10 of 37 Attachment 3 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-2018-610 11 of 37 ABe hment 3 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. ill. 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 1e For instructions on how to dewater areas occupied by lamprey, see Best management practices to minimize adverse effects to Pacific lamprey (Entosphanus tndentatus) (USFWS 2010). N WP -2016-610 12 of 37 Attachment 3 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. IL 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 2011 a). 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, bending 17, clipping, stabbing, digging, brush -cutting, mulching, radiant heat, portable flame burner, super -heated steam, pressurized hot water, or hot foam (Arsenault at al. 2008; Donohoe at 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 safely 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 KnoWeed Veatment pre-treatment; See Nickelson (2013). '° See htlp:/lahmctocdavis edullimtasklequipmentdetails.html NWP-201&610 13 of 37 Attachment 3 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) X. picloram (e.g., Tordon) X. sethoxydim (e.g., Poast, Vantage) A. 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 xvi. Liberate xvii. Magnify %viii. One -AP XL xix. Pro AMS Plus xx. Spray -Rite xxi. Superb HC xxii. Tactic %xiii. 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 TIM 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. 's The use of trade, firm, or corporation names in this spin !on 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. Ni 2018-610 14 of 37 Attachment 3 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-squirtlinjection 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: L Do not spray when wind speeds exceed 10 miles per hour, or are less than 2 miles per hour. it. 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. V. 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-2018-610 15 d 37 Attachment 3 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-squirtlinjection 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. NWP-2018-610 16 of 37 Attachment 3 No Application Buffer Width feet Streams and Roadside Ditches with Dry Streams, Roadside Ditches, and flowing or standing water present and Herbicide Wetlands Wetlands Broadcast Spot Hand Broadcast Spot Hand S a in Spraying in Selective S ra in S ra in Selective Labeled for A uatic Use Aquatic lyphosate 100 waterline I waterline 50 None none Aquatic Imazapyr 100 1 15 1 waterline 1 50 1 None none Aquatic Triclopyr- Not Not TEA Allowed 15 I waterline I I Allowed None none Low Risk to Aquatic Organisms bankfull Imazapic 100 15 elevation 50 None none bankfull Clopyralid 100 15 elevation 50 None none bankfull Metsulfumn-methyl 100 15 50 None none elevation Moderate Risk to Aquatic Or anisms bankfull bankfull Imazapyr 100 50 50 15 elevation elevation Sulfome[uron- bankfull 100 50 5 50 15 meth elevation bankfull bankfull Chlorsulfuron 100 50 50 15 elevation elevation High Risk to A uatic Or anisms Piclaram 100 50 50 1 10 50 50 Setho im 100 50 50 1000 50 1 50 NWP-2018-610 16 of 37 Attachment 3 36. Actions Requiring Stormwater Managemerl a. Provide stormwater management for any project that will: L Increase the contributing impervious area within the project area N. 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, grindlinlay, 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. ill. 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 NMFSreview is to attach a completed Checklist for Submission ofa Stormwater Management Plan (the Checklist, ODEQ updated 2012, attire most recentversion) with the electronic notification when it is sent to the SLOPES mailbox. However, stormwater conveyance to a DEQ permitted Municipal Separate Storm Sewer System MS,) or consistency with any other program acknowledged by DEC 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 ODEA 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 (ODEA 2014) at hitt liwwwdea.stateer usil der-Updoeses htmitadd (see "Post Construction Stormwater Management Plan"). NWP-2018-610 17 of 37 Attachment 3 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-2018-610 18o 37 Attachment 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 V. 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 pattems. 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-201M10 19 of 37 Attachment 3 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. V1. 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-2018E 0 20&37 Attachment3 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. H. 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 ill. 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. " For additional information on compensatory mitigatlon, see Compensatory Mitigation for Losses of Aquatic Resources (33CFR332) at www.poo.usece.ormymil/Portals/341docsmgulatory/33cfr332.pdt More information is available from the U.S. Army Corps of Engineers, Portland District, PaNand, Oregon. Sae: http:l/www.nwp.usace.army.mil/Missions/RegulatoryNitigation.aspx Ni 2018610 21 of 37 Attachment 3 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). NW P-2018-610 22 of 37 Attachment 3 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 X. Deformable soil reinforcement X. Engineered log jams (ELJ) A Floodplain flow spreaders xii. Floodplain roughness ss 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 previsions of 50 CFR 402.05 NWP-2018-610 23 of 37 Attachment 3 b. For more information on the above methods see Federal Emergency Management Agency (2009 )23 or Cramer et at (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. V. Size distribution of toe material will be diverse and predominately comprised of Dao 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. A. After placement in areas accessible to higher stream flow, allow the stream to naturally sort and distribute the material. "hitpJAv Jema acv/otlflabouVreaionsheaianz/Enaineerinn With Nature Web.odf '0 h[to INWM.wa.aov/publications/00046MdM00046.pdf NW P-2018-610 24 of 37 Attachment 3 A. 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. A 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. N WP -2018-610 25 & 37 Attachment 3 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 rack 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 (Le., 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 tae 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 tae 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-2018-610 26 of 37 Attachment 3 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. Roughenedtoe 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-2018-610 27o 37 Attachment 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 at al. 2013)25 2. Part X11, Fish Passage Design and Implementation, Salmonid Stream Habitat Restoration Manual (California Department of Fish and Game 20 09)26 3. Stream Simulation: An Ecological Approach to Providing Passage forAt�uatic Organisms at Road -Stream (USDA -Forest Service 2008 )21 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. 3H htlp:llwdfw.wa.govlpublic tons/015011 3° htlps:llnrm.dfg.ca.gov/FileHandier.ashx?DocumentID-12512 2 htip'.1/stream.fs.fed.ustlishxinglaop_pdfs.html N WP -2018810 28 of 37 AtWMment 3 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 law 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 D,9, 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 Qump 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 [1/0.021). Maximum project slope for boulder weir designs is 5%. A. 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 flaw, 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-2018-610 29 of 37 Attachment 3 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 X11, Fish Passage Design and Implementation, Salmonid Stream Habitat Restoration Manual (California Department of Fish and Game 20 09)29 3. Stream Simulation: An Ecological Approach to Providing Passage forAc�uatic Organisms at Road -Stream (USDA -Forest Service 2008)3 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 of al. 2013) are authorized. It. Bed material in systems where stream gradient exceeds 3% may be conservatively sized to resist movement. " hffp'/lwdM,. .gov/publications/01501/ " hftpsaInrm.dfg.os.gov/Fi]eHandler.ashx'DocumentID=12512 '0 http://stream.fs.fed.usffshxing/aopydfs.html " Active channel width means the stream width measured perpendicular to stream Flow detween 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 sids-and off -channel components of channels with braided and meandering farms, and measure outside the area influence of any existing stream crossing, e.g., five to seven channel widths upstream and dawnstream. NWP-2018-618 30 of 37 Attachment 3 3. Scour Prism a. Designs shall maintain the general scour prism, as a clear, unobstructed opening (i.e., free of anyfill, embankment, scour countermeasure, or structural material to include abutments, footings, and culvert inverts). No scour or stream stabili� countermeasure may be applied above the general scour elevation. 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 D9o, whichever is deeper. i. AP, and 2 times Dgg 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 (2011 a) criteria. "Far guidance on haw to complete bridge scour and stream stability analysis, see Lagasse pial. (2012) (HEC -20), Lagasse of al. (2001) (HEC -23), Richardson and Davis (2001) (HEG18), ODOT (2011), and AASHTO (2013). NWP-2018-610 31 of 37 Attachment 3 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 2011 a). 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. 's The most efficient way for an applicant or the Carps to prepare and submit a stormwater management plan for NMFS' review is to attach a completed Checklist far Submission ofe Starmwater 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 srormwater management will not meet the requirements of this opinion unless NMFS determines that the facility accepting the stornwater 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 ODEA in Portland Oregon. The latest version of the Checklist is also available online in a portable document format (pdf) through the ODEA Water Quality Section 401 certification webpage(ODEA 2014)athttoa/www.demstate. omusAvg/sec401 certmmades.htn add(sae"Past Construction Stormwater Management Plan"). NWP-2018-610 32 of 37 Attachment 3 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.nwrLd)noaa.goy. 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.goy. 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 sloyes.nwr(g).noaa.goy. If it is a Corps project, the Corps shall complete and submit this form within 60 days of completing fish salvage operations. NWP-2018-610 33 of 37 Attachment 3 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 sloges.nwrCdnoaa.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 Start. End: Completion of In -water Work: Actual Linear -feet of Riparian and/or Channel Modification within 150 feet of OHW Actual Acreage of Herbicide Treatment Turbidity Monitoring/Sampling ❑ Yes (include details ❑ No Completed below) 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-2618-610 34 of 37 Attachment 3 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 slooes.nwr(o)noaa.00v 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-2018-610 35 of 37 Attachment 3 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 Cohn Oregon Coast Coro 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 N W P-2018-610 36 of 37 Atlachment 3 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-2018-610 37 of 37 Attachment 3 Excerpts from the Bull Trout (Salvelinus confluentus) biological opinion dated June 29, 2017 titled Programmatic Biological Opinion for Standard Local Operating Procedures for Endangered Species to Administer Stream Restoration; Stormwater, Transportation, or Utilities Actions; and In -Water or Over -Water Structure Actions and Effects to Bull Trout and Bull Trout Critical Habitat. [FWS reference: 01EOFW00-2017-F-0370]. 1.1 Project Design Criteria - General Construction Measures (G) 1G. Project Design. a. Use the best available scientific information regarding the likely effects of climate change on resources in the project area, including projections of local stream flow and water temperature, to ensure that the project will be adaptable to those changes. b. Obtain all applicable regulatory permits and official project authorizations before beginning construction. c. Minimize the extent and duration of earthwork, e.g., compacting, dredging, drilling, excavation, and filling. i. Avoid use of heavy equipment, vehicles or power tools below bankfull elevation 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. ii. Complete earthwork in wetlands, riparian areas, and stream channels as quickly as possible. d. Cease project operations when high flows may inundate the project area, except for efforts to avoid or minimize resource damage. 2G. Site contamination assessment. a. The level of detail and resources committed to such an assessment will be commensurate with the level and type of past or current development at the site. An applicant's assessment may include the following: i. Review available records, such as former site use and records of any prior contamination events. ii. If the project site was used for industrial processes (i.e., mining or manufacturing with chemicals), 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. b. Consult with the Service if ground disturbance to accomplish the proposed project would potentially release contaminants to aquatic habitat that supports listed fish species. 3G. Site layout and flagging. a. Before any significant ground disturbance or entry of mechanized equipment NWP-2018-610 Page 1 of 26 Attachment 4 or vehicles into the construction area, clearly flag that area to identify: i. Sensitive areas, e.g., wetlands, water bodies, ordinary high water, spawning areas. ii. Equipment entry and exit points. Hi. Road and stream crossing alignments. iv. Staging, storage, and stockpile areas. b. Before use of herbicides, clearly flag all buffer areas, including any no - application zones. 4G. 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., large wood, gravel, and boulders, may be stockpiled within the 100 -year floodplain. c. Dispose of any material not used in the project and not native to the floodplain outside of the functional floodplain. d. After construction is complete, obliterate all staging, storage, or stockpile areas, stabilize the soil, and re -vegetate the area.3 5G. 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, if eroded sediment appears likely to be deposited in the stream during construction, install additional sediment barriers as necessary. d. Temporary erosion control measures may include fiber wattles, silt fences, jute matting, wood fiber mulch and soil binder, or geotextiles and geosynthetic fabric. e. 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. f. Remove sediment from erosion controls if it reaches 113 of the exposed height of the control. q. Whenever surface water is present, maintain a supply of sediment control 3 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. NWP-2018-610 Page 2 of 26 Attachment 4 materials and an oil -absorbing floating boom at the project site. h. Remove temporary erosion controls after construction is complete and the site is fully stabilized. 6G. Hazardous material spill prevention and control. 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. b. 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. 7G. 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 within 150 feet of a waterbody, replace all petroleum-based hydraulic fluids with biodegradable products.4 c. Invasive species prevention and control. L Before entering the project site, power wash all heavy equipment, vehicles and power tools, allow them to fully dry, and inspect them to make certain no plants, soil, or other organic material adhering to the surface. ii. 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. d. Inspect all equipment, vehicles, and power tools for fluid leaks before they leave the staging area. e. Before operation within 150 -feet of any waterbody, , and as often as necessary during operation, thoroughly clean all equipment, vehicles, and power tools to keep them free of external fluids and grease and to prevent leaks and spills from entering the water. 4 For additional information and suppliers of biodegradable hydraulic fluids, motor oil, lubricant, or grease See, Environmentally Acceptable Lubricants by the USEPA (2011); e.g., mineral oil, polyglycol, vegetable oil, synthetic ester; Mobil® biodegradable hydraulic oils, Total® hydraulic fluid, Terresolve Technologies Ltd.e bio -based biodegradable lubricants, Cougar Lubrication® 2XT Bio engine oil, Series 4300 Synthetic Biodegradable 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 Interior or the Service of any product or service to the exclusion of others that may be suitable. NWP-2018-610 Page 3 of 26 Attachment 4 f. Generators, cranes or other stationary heavy equipment operated within 150 - feet of any waterbody must be maintained and protected as necessary to prevent leaks and spills from entering the water. 8G. 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 the Service 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. 9G. 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. After construction is complete, obliterate all temporary access roads and paths, stabilize the soil, and revegetate the area. g. Temporary roads and paths in wet areas or areas prone to flooding must 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. 10G. Dust abatement. a. Employ dust abatement measures commensurate with soil type, equipment use, wind conditions, and the effects of other erosion control measures. NWP-2018-610 Page 4 of 26 Attachment 4 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, ligninsulfonate, within 25 feet of water or a stream channel. f. Do not apply ligninsulfonate at rates exceeding 0.5 gallons per square yard of road surface, assuming a 50:50 solution of ligninsulfonate to water. g. Do not apply dust abatement chemicals at stream crossings, within 25 feet of a water body, or in other areas where they may runoff directly into a wetland or water body. 11G. 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 must 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. 12G. 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. 13G. Surface water withdrawal and construction discharge water. a. Surface water may be diverted to meet construction needs, but only if developed sources are unavailable or inadequate. b. Diversions may not exceed 10% of the available flow and must have a juvenile fish exclusion device that is consistent with NMFS's criteria (2011 or NWP-2018-610 Page 5 of 26 Attachment 4 current version), site-specific designs as approved by USFWS and NMFS (if a minor variance is requested), or meets the Service's bull trout specific screening and passage criteria when developed. c. Treat all construction discharge water using the best management practices applicable to site conditions 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 ensure that no pollutants are discharged from the construction site. 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. 14G. 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 (2011 or current version), site- specific designs as approved by USFWS and NMFS (if a minor variance is requested), or meets the Service's bull trout specific screening and passage criteria when developed, for the life of the action. G. If the provision of temporary fish passage during construction will increase negative effects on aquatic species of interest or their habitat, a variance can be requested from the Service's Field Office Supervisor. Pertinent information, such as the species affected, length of stream reach affected, proposed time for the passage barrier, and alternatives considered, will be included in the variance request. 15G. Fish Screens. a. Submit to the Service 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 NWP-2018-610 Page 6 of 26 Attachment 4 NMFS's fish screen criteria (2011 or current version), site-specific designs as approved by USFWS and NMFS (if a minor variance is requested), or meets the Service's bull trout specific screening and passage criteria when developed. 16G. 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 Guidelines for Timing of In -water Work to Protect Fish and Wildlife Resources (ODFW, 2008). b. Hydraulic and topographic measurements and placement of large wood or gravel may be completed anytime, provided the affected area is not occupied by adult fish congregating for spawning, or in an area where redds are occupied by eggs or pre -emergent alevins. 17G. Pile Installation. a. Pile may be concrete, or steel round pile, steel H -pile, or wood b. Unless a registered professional engineer provides a written statement describing how it is the only practicable method, impact pile driving is not allowed under this proposed action. In those cases that require an impact hammer a project specific variance must also be obtained from the appropriate Service Field Office Supervisor. c. 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 (1998), Wursig at 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 the Service with 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. V. Jetting may be used to install pile in areas with coarse, uncontaminated sediments that meet criteria for unconfined in -water disposal (USAGE Northwest Division, 2009). 18G. Work area isolation. a. Isolate any work area within the wetted channel from the active stream NWP-2018-610 Page 7 of 26 Attachment 4 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 must 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.5 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 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 must be used that meets the most current version of NMFS's fish screen criteria (2011 or current version), or site- specific designs as approved by USFWS and NMFS (if a minor variance is requested). Service approval is required for pumping that exceeds 3 cfs. 19G. Fish capture. 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, and trapping with minnow traps (or gee -minnow traps). b. Fish capture must 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 needed to isolate a site frequently enough to ensure they stay secured to the banks and free of organic accumulation. 5 For instructions on how to dewater areas occupied by lamprey, see USFWS (2010). NWP-2018-610 Page 8 of 26 Attachment 4 e. Electrofishing may only be used after other means of fish capture are determined to be not feasible or ineffective during the coolest time of day. i. To minimize impacts to bull trout, electrofishing activities shall be conducted according to the NMFS guidelines (2000) including use of only direct current (DC) or pulsed direct current within the following ranges: (1) If conductivity is less than 100 ps, use 900 to 1100 volts. (2) If conductivity is between 100 to 300 ps, use 500 to 800 volts. (3) If conductivity greater than 300 ps, use less than 400 volts. ii. Do not intentionally contact fish with the anode. iii. Begin electrofishing with a minimum pulse width and recommended voltage, then gradually increase to the point where fish are immobilized. iv. 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. V. Electrofishing equipment shall be operated at the lowest possible effective settings to minimize injury or mortality to bull trout. vi. Electrofishing shall be avoided in areas, such as the mouths of streams or deep pools, when adult bull trout may be staging as part of their spawning migration. Vii. Electrofishing shall not be conducted when the water conditions are turbid and visibility is poor. This condition may be experienced when the sampler cannot see the stream bottom in one foot of water. viii. Electrofishing in spawning/rearing habitat must be approved by the appropriate Service Field or Division Supervisor and may only occur from May 1 (or after emergence occurs) to July 15 in known bull trout spawning areas. No electrofishing will occur in any bull trout habitat after August 15. Electrofishing during the spring in bull trout habitat and spawning areas runs the risk of injuring or killing alevins or fry that remain in or near the gravels. If salmonid alevins or fry are seen during spring electrofishing, the electrofishing activity shall immediately cease until the alevins or fry can be identified. If they are determined to be bull trout, electrofishing shall be terminated at the site until after the fry have fully emerged. ix. During the bull trout spawning season (typically August 15 to December 1), a cursory observation of the survey reach shall be completed before electrofishing. Electrofishing shall only be performed in areas where adult bull trout or their redds are not observed. If an adult bull trout is subsequently shocked, electrofishing at that site shall be suspended. X. Electrofishing activities shall be minimized where larger, fluvial bull trout might be captured. NWP-2018-610 Page 9 of 26 Attachment 4 xi. Bull trout must not be handled when water temperatures exceed 15°C. xii. Nets, hands, etc. must be free of insect repellant, sunscreen or any other substance that might harm fish. xiii. Ice packs will be used to keep capture water <15°C. 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. Monitor and record fish presence, handling, and injury during all phases of fish capture and submit a fish salvage report to the Corps and the Service within 60 days. Submit any take or salvage of individuals/specimens resulting in mortality to the appropriate designated fish repository listed below: The Department of Fisheries and Wildlife, Nash Hall, Room #104, Oregon State University (OSU), Corvallis, Oregon 97331-3803. Contact Brian Sidlauskas, Curator OSU Ichthyology Collection, by telephone at 541-737-1939, fax at 541-737-3590, or email at brian.sidlauskas@oregonstate.edu for specific instructions on preserving and shipping aquatic specimens to OSU. The following information should also be included with the specimen submission: date, time, and place of collection; name of authorized collector(s)/permittee(s); geographic coordinates of collection location; habitat associated with collection location; and weather conditions at the time of collection. 20G. 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: NWP-2018-610 Page 10 of 26 Attachment 4 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. 21G. Revegetation. a. Plant and seed disturbed areas before or at the beginning of the first growing season after construction. b. Use species that will achieve shade and erosion control objectives, including forb, grass, shrub, or tree species that are appropriate for the site and native to the project area or region. c. 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. d. When feasible, use vegetation salvaged from local areas scheduled for clearing due to development. e. Do not apply surface fertilizer within 50 feet of any wetland of 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. Remove or control invasive plants until native plant species are well- established. 22G. 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 and mechanical plant control (e.g., hand pulling, clipping, stabbing, digging, brush -cutting, mulching or heating with radiant heat, pressurized hot water, or heated foam). b. Herbicide Label. Herbicide applicators must comply with all label instructions. c. Power equipment. Refuel gas -powered equipment with tanks larger than 5 NWP-2018-610 Page 11 of 26 Attachment gallons in a vehicle staging area placed 150 -feet or more from any natural waterbody, or in an isolated hazard zone such as a paved parking lot. d. Maximum herbicide treatment area. For the total area treated with herbicides within riparian areas, do not exceed 10 -acres above bankfull elevation and 2 acres below bankfull elevation, per 1.6 -mile reach of a stream, 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 safetyplan. 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. g. Herbicides. The only herbicides proposed for use under this Opinion are (some common trade names are shown in parentheses):6 L 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., Toler, 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. The only adjuvants proposed for use under this Opinion are as follows, with mixing rates described in label instructions (Table 2). Polyethoxylated tallow amine (POEA) surfactant and herbicides that contain POEA (e.g., Roundup) will not be used. Table 1. Herbicide adjuvants, trade names, and application areas. Adjuvant Type Trade Name Application Areas Agri-Dex Riparian Surfactants LI 700 Riparian 41-A Riparian Drift Retardants Vale Upland i. Herbicide carriers. Herbicide carriers (solvents) are limited to water or specifically labeled vegetable oil. Use of diesel oil as an herbicide carrier is 6 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 Interior or Service of any product or service to the exclusion of others that may be suitable. NWP-2018-610 Page 12 of 26 Attachment 4 prohibited. j. Herbicide mixing. Mix herbicides more than 150 -feet from any natural waterbody to minimize the risk of an accidental discharge. k. Dyes. Use a non -hazardous indicator dye (e.g., Hi -Light or Dynamark) with herbicides within 100 -feet of live 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). I. 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. m. Herbicide application rates. Apply herbicides will be applied at the lowest effective label rates. n. 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 using. 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 4 -feet of the ground; 6 -feet for spot or patch spraying more than 15 -feet of the high water mark (HWM) if needed to treat tall vegetation. 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- squirlinjection applications. o. Washing spray tanks. Wash spray tanks 300 -feet or more away from any surface water. p. 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 ground NWP-2018-610 Page 13 of 26 Attachment 4 temperatures exceed 80 degrees Fahrenheit. vi. Wind and other weather data will be monitored and reported for all broadcast applications. q. 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- squirUinjection applications during periods of heavy rainfall. r. Herbicide buffer distances. Observe the following no -application buffers, measured in feet and are based on herbicide formula, stream type, and application method, during herbicide applications (Table 3). Use the most conservative buffer for any herbicide included in a combination of approved herbicides. Buffer widths are in feet, measured as map distance perpendicular to the bankfull elevation for streams, the upland boundary for wetlands, or the upper bank for roadside ditches. 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 2. Herbicide buffer distances by herbicide formula, stream type, and application method. NWP-2018-610 Page 14 of 26 Attachment 4 No 4plication Buffer Width feet Streams and Roadside Ditches with Dry Streams, Roadside Ditches, and flowing or standing water present and Wetlands Herbicide Wetlands Broadcast Spot Hand Broadcast Spot Hand Spraying Spraying Selective Se ra in S ra in Selective Labeled for A uatic Use A vatic GI hosate 100 waterline waterline 50 None none A vatic Imaza 100 15 1 waterline 1 50 1 None none Aquatic Tnclopyr-Not 15 waterline Not None none TEA Allowed Allowed Low Risk to A uatic Or anisms Imazapic 100 15 bankfull 50 None none elevation Clopyralid 100 15 bankfull 50 1 N.i none elevation Metsulfuron-methyl 100 15 bankfull 50 None none elevation Moderate Risk to Aquatic Orq anisms bankfullJE50 bankfull Imazapyr 100 50 elevation 50 15 elevation Sulfometuron- 100 50 5 15 hankfull meth elevation Chlorsulfuron 100 50 bankfull0 15 bankfull elevation elevation High Risk to A uatic Or anisms Picloram 100 50 50 100 50 50 Sethox dim 100 50 50 100 50 50 NWP-2018-610 Page 14 of 26 Attachment 4 23G. Actions That Require Compensatory Mitigation. a. The Corps will rely on 33 CFR 332 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. 24G. Cessation of work. b. Project operations will cease under the following conditions: i. High flow conditions that may result in inundation of the project area, except for efforts to avoid or minimize resource damage; ii. When allowable water quality impacts, as defined by the state CWA section 401 water quality certification, have been exceeded; or iii. When "incidental take' limitations have been reached or exceeded. 1.3 Project Design Criteria II - Types of Stormwater, Transportation, or Utility (S) Actions 1S. Streambank and Channel Stabilization a. The following streambank stabilization methods may be used individually or in combination: i. Alluvium placement it. 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 b. For more information on the above methods see Federal Emergency Management Agency (FEMA) (2009) or Cramer or al. (2003). 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. i. 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 NWP-2018-610 Page 15 of 26 Attachment to adjacent streambed and banks or downstream reaches, while providing valuable fish and wildlife habitat. (1) Fish passage review and approval. The Service 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. (2) 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. (3) Material used to construct the toe should be placed in a manner that mimics attached longitudinal bars or point bars. (4) Size distribution of toe material will be diverse and predominately comprised of D84 to Dmax size class material. (5) Spawning gravels will constitute at least one-third of the total alluvial material used in the design. (6) Spawning gravels are to be placed at or below an elevation consistent with the water surface elevation of a bank -full event. (7) 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. (8) 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. (9) Material can be mined from the floodplain at elevations above bankfull, but not in a manner that will cause stranding during future flood events. (10) Crushed rock is not permitted. (11) After placement in areas accessible to higher stream flaw, allow the stream to naturally sort and distribute the material. (12) 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. (13) Imported material will be free of invasive species and non-native seeds. If necessary, wash prior to placement. ii. 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 NWP-2018-610 Page 16 of 26 Attachment 4 streambed and banks or downstream reaches, while providing valuable fish and wildlife habitat. (1) Fish passage review and approval. The Service will review LW placement projects that would occupy greater than 25% of the bankfull cross section area. (2) 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. (3) Structures may partially or completely span stream channels or be positioned along stream banks. (4) 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. (5) Structures will incorporate a diverse size (diameter and length) distribution of rootwad or non-rootwad, trimmed or untrimmed, whole trees, logs, snags, slash, etc. (6) 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 bank -full width. (7) Consider orienting key pieces such that the hydraulic forces upon the LW increase stability. iii. Vegetated riprap with large wood (LW) (1) The Service will review and approve bank stabilization projects that use vegetated riprap with LW. (2) 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. (3) Do not use invasive or non-native species for site restoration. (4) Remove or control invasive plants until native plant species are well- established. (5) Do not apply surface fertilizer within 50 -feet of any stream channel. (6) Install fencing as necessary to prevent access to revegetated sites by livestock, native ungulates, or unauthorized persons. (7) Vegetated riprap with LW will be installed as follows: a) When present, use natural hard points, such as large, stable trees or rock outcrops, to begin or end the toe of the revetment. b) 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. NWP-2018-610 Page 17 of 26 Attachment 4 c) For bank areas above OHW where rock is still deemed necessary, mix rock with soil to provide a better growing medium for plants. d) 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. e) 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. f) LW should be distributed throughout the structure (not just concentrated at the toe) to engage flows up to the bank -full 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. g) Develop an irregular toe and bank line to increase roughness and habitat value. h) 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. i) 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. j) 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. k) 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. 1) Space between root wads may be filled with large boulders, trimmed or untrimmed, whole trees, logs, snags, slash, etc. 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. m) Plant woody vegetation in the joints between the rocks to enhance streambank vegetation. n) Where possible, use terracing, or other bank shaping, to increase habitat diversity. NWP-2018-610 Page 18 of 26 Attachment 4 o) When possible, create or enhance a vegetated riparian buffer. (8) 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: a) Loss of rock materials b) Survival rate of vegetation c) Anchoring success of LW placed in the treatment. d) Any channel changes since construction. iv. Roughened toe (1) 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). (2) 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. V. Engineered Logjams (ELJs) ELJs within this BO are defined as: "any large wood structure that includes an anchoring system, such as rebar pinning, ballast rock, or vertical posts. Passive soil earth pressure (burying wood into a streambank) is not considered an anchoring system." Further, only ELJs that occupy more than 25% of the bank -full cross-sectional area require Service review. These are structures designed to redirect flow and change scour and deposition patterns. To the extent practical, they are patterned after stable natural log jams and can be either unanchored or anchored in place using rebar, rock, or piles (driven into a dewatered area or the streambank, but not in water). Engineered log jams create a hydraulic shadow, a low-velocity zone downstream that allows sediment to settle out. Scour holes develop adjacent to the log jam. While providing valuable fish and wildlife habitat they also redirect flow and can provide stability to a streambank or downstream gravel bar. (1) Fish passage review and approval. The Service will review LW placement projects that would occupy greater than 25% of the bankfull cross section area. ELJs will be patterned, to the greatest degree possible, after stable natural log jams. (2) Grade control ELJs are designed to arrest channel down -cutting or incision by providing a grade control that retains sediment, lowers stream energy, and increases water elevations to reconnect floodplain habitat and diffuse downstream flood peaks. (3) Stabilizing or key pieces of LW that will be relied on to provide streambank stability or redirect flows must be intact, solid (little decay). NWP-2018-610 Page 19 of 26 Attachment 4 If possible, acquire LW with untrimmed root wads to provide functional refugia habitat for fish. (4) When available, trees with roof wads attached should be a minimum length of 1.5 times the bank -full channel width, while logs without root wads should be a minimum of 2.0 times the bankfull width. (5) The partial burial of LW and boulders may constitute the dominant means of placement, and key boulders (footings) or LW can be buried into the stream bank or channel (6) Angle and Offset — The LW portions of engineered log jam structures should be oriented such that the force of water upon the LW increases stability. If a root wad is left exposed to the flow, the bole placed into the streambank should be oriented downstream parallel to the flow direction so the pressure on the root wad pushes the bole into the streambank and bed. Wood members that are oriented parallel to flow are more stable than members oriented at 45 or 90 degrees to the flow. (7) If LW anchoring is required, a variety of methods may be used. These include buttressing the wood between riparian trees, the use of manila, sisal or other biodegradable ropes for lashing connections. If hydraulic conditions warrant use of structural connections, such as rebar pinning or bolted connections, may be used. Rock may be used for ballast but is limited to that needed to anchor the LW. c. 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. d. 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. 2S. 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 (2011 or current version), site-specific designs as approved by USFWS and NMFS (if a minor variance is requested), or meets the Service's bull trout specific screening and passage criteria when developed. L 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, at al., 2013)PartXll, Fish Passage Design and Implementation, Salmonid Stream Habitat Restoration Manual (California Department of Fish and Game, 2009) NWP-2018-610 Page 20 of 26 Attachment 4 (2) Stream Simulation: An Ecological Approach to Providing Passage for Aquatic Organisms at Road -Stream (USDA - Forest Service, 2008)Or other design references approved by the Service. 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 the Service, unless maintenance activities and practices in that manual conflict with PDC in this Opinion. iii. Any conflict between ODOT (2009) and this proposed action (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 unless waived by the Service. 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. 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. viii. 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). ix. Structures should be keyed into both banks—if feasible greater than 8 feet. X. If several drop structures will be used in series, space them at the NWP-2018-610 Page 21 of 26 Attachment 4 appropriate distances to promote fish passage of target species and life histories. Incorporate NMFS (2011 or current version), site-specific designs as approved by USFWS and NMFS (if a minor variance is requested), or the Service's bull trout specific screening and passage criteria when developed (jump height, pool depth, etc.) in the design of drop structures. A. 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%. XII. 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 L 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. vi. Where feasible, channel spanning structures should be coupled with LW to improve habitat complexity of riparian areas. d. Structure Stabilization 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, at al., 2013) (2) Part XII, Fish Passage Design and Implementation, Salmonid Stream Habitat Restoration Manual (California Department of Fish and Game, 2009)Stream Simulation: An Ecological Approach to Providing Passage for Aquatic Organisms at Road -Stream (USDA - Forest Service, 2008)Or other design references approved by the Service. NWP-2018-610 Page 22 of 26 Attachment 4 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.12 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). (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. (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. 13 L The lateral delineation of the scour prism is defined by the criteria span. 12Active 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. 13 For guidance on how to complete bridge scour and stream stability analysis, see Lagasse at al. (2012) (HEC -20), Lagasse at al. (2001) (HEC -23), Richardson and Davis (2001) (HEC -18), ODOT (2011), and AASHTO (2013). NWP-2018-610 Page 23 of 26 Attachment 4 ii. The vertical delineation of the scour prism is defined by the Lower Vertical Adjustment Potential (LVAP) with an additional offset of 2 times Doc, 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 Doc, whichever is deeper. i. LVAP, and 2 times Doo 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 timber. 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 (2016). b) Riprap may only be placed below bank -full height of the stream when necessary for protection of abutments and pilings. The amount and placement of riprap will not constrict the bankfull flow. c) Temporary work bridges will also meet the latest version of NMFS (2011 or current version), site-specific designs as approved by USFWS and NMFS (if a minor variance is requested), or meets the Service's bull trout specific screening and passage criteria when developed. 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. NWP-2018-610 Page 24 of 26 Attachment 4 (3) The name, address, and telephone number of a person responsible for designing this part of the action that the Service may contact if additional information is necessary to complete the effects analysis. 38. 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 any stormwater management criteria outlined by the Corps, the Oregon Department of Environmental Quality, or any other applicable permitting agency. NWP-2018-610 Page 25 of 26 Attachment 4 SLOPES BT PROGRAMMATIC ACTION COMPLETION FORM Within 60 days of completing all work below ordinary high water (OHW) as part of an action completed under the SLOPES Bull Trout programmatic opinion, the permittee must submit a completed action completion form with the following information to the U.S. Army Corps of Engineers, Regulatory Branch at: cenwp.notify@usaoe.army.mil Corps Permit #: Corps Contact: Action Title Start and End Dates for the Start End completion of in -water work: Any Dates work ceased due to high flows: Include With This Form 1. Photos of habitat conditions before, during, and after action completion 2. Evidence of compliance with fish screen criteria for any pump used 3. A summary of the results of pollution and erosion control inspections, including any erosion control failure, contaminant release, and correction effort 4. Number, type, and diameter of any pilings removed or broken during removal 5. A description of any riparian area cleared within 150 feet of OHW 6. Linear feet of bank alteration 7. A description of site restoration 8. A completed Salvage Reporting Form from Appendix A for any action that requires fish salvage 9. As -Built drawings for any action involving riprap revetment, stormwater management facility, or bridge rehabilitation or replacement NWP-2018-610 Page 26 of 26 Attachment 4 M US Army Corps Compliance Certification of Enelnsersp Portlantl Pist�iq 1. Permit Number: NWP-2018-610 2. Permittee Name: Springfield Utility Board 3. County Location: Lane County 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: R 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 FlEnclosed 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 FlEnclosed 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 NWP-2018-610 Attachment 5 Kate Brawn, Go .e COA 10 Department of State Lands 775 summer street NE, Suite 100 BEFORE THE DIRECTOR OF THE DEPARTMENT OF STATE LANDS OF THE STATE OF OREGON In the Matter of Removal -Fill Permit ) Application 61795 -RF ) Proposed Permit Decision and Order; ) Notice of Right to a Hearing By Springfield Utility Board ) Salem, OR 97301-1279 (503) 986 5200 FAX (503) 378-4844 ivww.oregon.gov/dA State Land Board Kate Brown Governor Rev Clarno Short and Plain Statement of the Permitting Decision: The permit application is secretary of State approved because the Department of State Lands (DSL or the Department) has determined that, when carried out in compliance with all terms and conditions Tobias Read outlined in the permit, the proposed removal -fill activity is consistent with the state Treasurer protection, conservation, and best use of the water resources of this state and will not unreasonable interfere with the paramount policy of this state to preserve the use of its waters for navigation, fishing, and recreation. See ORS 196.825. Applicable Law: a. ORS Chapter 196 governs removal fill permits in Oregon. The Department administers Oregon's Removal -Fill Law, Oregon Revised Statutes (ORS) 196.795 to ORS 196.990, which protects the state's wetlands and waterways. See ORS 196.805. Unless an exception applies, a person may not remove material from waters of this state or fill waters of this state without a permit from DSL. ORS 196.810. Waters of this state include the all -natural waterways, tidal and non -tidal bays, intermittent streams, constantly flowing streams, lakes, wetlands, the Pacific Ocean that is in the boundaries of this state, and other water bodies. ORS 196.800; Oregon Administrative Rule (OAR) 141-085-0515; OAR 141-093-0100. b. Specifically, the statutes that govern removal -fill permits in Oregon, including the permit application at issue in this case, generally include the following: ORS 196.795 (Administration of State Removal or Fill Permits; General Permits); ORS 196.800 (Definitions); ORS 196.805 (Policy); ORS 196.810 (Removal from Bed or Banks of Waters; Permits; Exceptions); ORS 196.812 (Removal of Large Woody Debris); ORS 196.815 (Permit Applications; Fees); ORS 196.816 (Removal of Materials for Purpose of Maintaining Drainage and Protecting Agricultural Land); ORS 196.817 (Removal or Fill General Permits); ORS 196.818 (Wetland Delineation Reports; Fees); ORS 196.820 (Smith Lake, Bybee Lake Prohibition); ORS 196.825 (Permit Criteria; Consultation with Other Agencies); ORS 196.830 (Estuarine Resource Replacement; Other Permit Conditions); ORS 196.835 (Issuance of Permits; Procedure); ORS 196.845(Investigations and Surveys of Location); and ORS 196.850 (Waiver of Permit Requirement; Notice; Review). The full text of these statutes may be viewed online at: https://www.oregonlegislature.gov/bills laws/ors/ors196.html. The full text of these statutes may also be inspected in person during normal business hours at: Oregon Department of State Lands 775 Summer St NE STE 100 Salem, OR 97301. c. OAR Chapter 141, Division 85 implement the above statutory scheme and govern removal -fill permits in Oregon. The rules that govern removal -fill permits in Oregon, including the permit application at issue in this case, generally include the following: Div. 85 Removal -Fill Authorizations: OAR 141-085-0500 (General); OAR 141-085-0506 (Policy); OAR 141-085-0510 (Definitions); OAR 141-085-0515 (Removal -Fill Jurisdiction by Type of Water); OAR 141-085-0520 (Removal -Fill Jurisdiction by Volume of Material); OAR 141-085-0525 (Measuring and Calculating Volume of Removal and Fill); OAR 141-085-0530 (Exemptions for Certain Activities and Structures); OAR 141-085-0534 (Exemptions for Certain Voluntary Habitat Restoration Activities): OAR 141-085-0535 (Exemptions Specific to Agricultural Activities); OAR 141-085-0540 (Types of Authorizations); OAR 141-085-0545 (Fees; Amounts and Disposition); OAR 141-085-0550 (Application Requirements for Individual Permits); OAR 141-085-0555 (Individual Removal -Fill Permit Application Review Process); OAR 141-085-0560 (Public Review Process for Individual Removal - Fill Permit Applications); OAR 141-085-0565 (Department Determinations and Considerations in Evaluating Individual Permit Applications); OAR 141-085-0575 (Permit Appeals); OAR 141-085-0580 (Discovery in Contested Cases); OAR 141-085-0585 (Permit Conditions, Permit Expiration Dates and Permit Transfer); OAR 141-085-0590 (Renewal and Extension of Individual Removal -Fill Permits); OAR 141-085-0595 (Permit Requirements and Interagency Coordination for Department of Environmental Quality Approved Remedial Action, Corrections Facilities, Solid Waste Land Fills and Energy Facilities); OAR 141-085-0665 (Expedited Process for Industrial or Traded Sector Sites); OAR 141-085-0676 (Emergency Authorizations); OAR 141-085-0680 (Compensatory Mitigation (CM); Applicability and Principal Objectives); OAR 141-085-0685 (Functions and Values Assessment); OAR 141-085-0690 (Eligibility Requirements for CM); OAR 141-085-0692 (Mitigation Accounting); OAR 141-085-0694 (Special Requirement for CM); OAR 141-085-0695 (Administrative Protection of CM Sites); OAR 141-085-0700 (Financial Security for CM Sites); OAR 141-085-0705 (Requirements for CM Plans); OAR 141-085-0710 (Monitoring Requirements for CWM); OAR 141-085-0715 (Mitigation for Temporary Impacts); OAR 141-085-0720 (Mitigation Banking Purpose, Applicability and Policies); OAR 141-085-0725 (Process for Establishing Mitigation Banks);. OAR 141-085-0730 (Establishment of Mitigation Credits); OAR 141-085-0735 (Release, Use and Sale of Mitigation Credits); OAR 141-085-0740 (Authorization for Mitigation Banks); OAR 141-085-0745 (In -Lieu Fee Mitigation); OAR 141-085-0750 (Payments to and Expenditures from the Oregon Removal -Fill Mitigation Fund); OAR 141-085-0755 (Advance Mitigation); and OAR 141-085-0768 (Advance Aquatic Resource Plans). The full text of these rules may be viewed online at: httos://secure.sos.state.or. us/oard/viewSi ngleRule.action?ruleVrsn Rsn=15700. The full text of these rules may also be inspected in person during normal business hours at: Oregon Department of State Lands 775 Summer St NE STE 100 Salem, OR 97301. II. Findings of Fact and Findings of Ultimate Fact: 1. The Department received a complete, written application from applicant on April 9, 2020 for the proposed removal -fill activity consisting of impacts to 1.53 acres of wetland to facilitate construction of an electrical sub -station. 2. The Department circulated the complete application for 30 -day public comment period April 23, 2019 to May 22, 2019 to parties including, affected local, state and federal agencies, affected tribal governments, adjacent landowners, and other parties requesting notification. 3. Public comments were received from DSL proprietary staff and the Confederated Tribes of the Grande Ronde and forwarded to the applicant on July 2, 2019.There were no comments that required a response to the Department. 4. Based on all the information in the agency file in this matter, including the complete application, comments received, and the agency's own investigations, the Department concludes as to the determinations in ORS 196.825(1) and (4),OAR 141-085-0565(3), and OAR 141-093-0115: a. The project described in the permit application and as conditioned in the proposed permit, is consistent with the protection, conservation, and best use of the water resources of this state as specified in ORS 196.600 to 196.905; b. The project described in the permit application and as conditioned in the proposed permit would not interfere with the paramount policy of this state to preserve the use of its waters for navigation, fishing, and public recreation. 5. Based on all the information in the agency file in this matter, including the complete application, comments received, applicant response to comments, and the agency's own investigations, the Department concludes, as to the considerations in ORS 196.825(3), OAR 141-085-0565(4), OAR 141-093-0115. a. The applicant is a public body and the Department has relied upon the public body's findings as to local public need and local public benefit. b. There is an identified economic cost to the public if the proposed fill or removal is not accomplished. The stated purpose of the project is to meet documented electrical distribution needs within the Glenwood community. The Department concludes that there would be an economic cost to the public if electrical needs cannot be met. c. The application describes 40 alternatives to the project for which the fill or removal is proposed. There are no practicable alternatives with lesser impact to waters of this state. d. The application describes 3 alternative sites for the proposed removal or fill. There are no practicable alternative sites with lesser impact to waters of this state. e. The proposed project conforms to sound policies of conservation because adverse effects to the aquatic resources have been reduced to the extent practicable and the proposed permit contains operating conditions for best management practices to further minimize adverse effects. No interference with public health and safety was identified in the application evaluation and public review processes. f. There is not a conflict with existing public uses of the affected waters or adjacent land uses identified in the application evaluation and public review processes. g. The proposed permit is conditioned on future local approval as described in the application's Land Use Compatibility Statement. h. The proposed fill and removal is not for streambank protection. i. The application describes compensatory mitigation in the form of purchase of 1.53 credits from the Muddy Creek Wetland Mitigation Bank. The mitigation is sufficient to offset anticipated spatial and function attribute losses resulting from the proposed fill or removal. III. Conclusions of Law: Based on the factors laid out in ORS Chapter 196 and OAR Chapter 141, Division 85, including ORS 196.825, OAR 141-085-0565, and OAR 141-093-0115, DSL should approve the permit application as conditioned in the proposed permit. IV. Proposed Order: The Department proposes approving the permit application with conditions and based on the factors laid out in ORS Chapter 196 and OAR Chapter 141, Division 85, including ORS 196.825, OAR 141-085-0565 and OAR 141-093-0130. As described below, you have the right to request a hearing within 21 days. Prior to the expiration of the 21 -day period, this proposed permit decision is not the final agency order on the matter, and the permittee should be aware that the decision could be changed prior to the expiration of the 21 -day appeal period—either because the permittee requests a contested case hearing, or as otherwise allowed under the removal fill law. A permittee who begins work under a permit prior to issuance of a final order does so with acceptance of this risk. V. Hearing: You are entitled to request a hearing based on this Proposed Order as provided by the Oregon Administrative Procedures Act (ORS chapter 183) and the administrative rules implementing the Administrative Procedures Act, OAR Chapter 137, Division 3. See ORS 196.825(7); OAR 141-001-0005; OAR 141-001-0010; OAR 141-085-0575; OAR 141-093-0130. If you want a hearing, you must file a written request for a hearing with the Department no later than 21 calendar days from the date of the permit decision. See ORS 196.825(7); OAR 141- 085-0575; OAR 141-093-0130. If you are a corporation, partnership, limited liability company, unincorporated association, trust, or government body, you must either have an attorney licensed to practice law in Oregon submit a request for a contested case hearing on your behalf or ratify your hearing request within 28 days. See OAR 137-003-0550. The Department has determined that due to the complexity of removal -fill permitting, a general denial of the matters or a general objection to all permit conditions in the request for a contested case proceeding does not provide sufficient information for a fair and efficient contested case and a more specific request is warranted. OAR 141-085-0575. All requests for a contested case proceeding under this section shall include a specific list of issues for the contested case proceeding. OAR 141-085-0575. The requester may amend their request to include additional issues or clarify existing issues within 15 days of the date that the case is referred to the Office of Administrative Hearings. OAR 141-085-0575. You may mail a request for a hearing to: Department of State Lands Aquatic Resource Management Program 775 Summer Street NE STE 100 Salem, OR 97301. If you request a hearing, you will be notified of the time and the place of the hearing. See OAR 137-003-0525. You may be represented by legal counsel at the hearing. ORS 183.417; OAR 137-003-0550. Corporations, partnerships, limited liability companies, unincorporated associations, trusts and government bodies must be represented by an attorney except as provided in OAR 137-003-0555 or as otherwise authorized by law. OAR 137-003-0550. Legal aid organizations may be able to represent you if you have limited financial resources. You will be given information on the procedures, right of representation, and other rights of parties relating to the substance and conduct of the hearing before commencement of the hearing. See ORS 183.413. VI. Jurisdiction and Authority to Hold a Hearing: The Department has jurisdiction over the issuance of removal -fill permits pursuant to ORS Chapter 196, and specifically, ORS 196.810. A permit decision constitutes an order in a contested case. See ORS 183.310(2)(a); ORS 196.825(7). If timely requested, a hearing is held as laid out in ORS 183.411 to ORS 183. 471, OAR Chapter 137, Division 3, ORS Chapter 196, and OAR Chapter 141, Division 85. ORS 196.825(7). VII. Final Order and Defaults: If a request for a hearing is not received by the Department within this 21 -day period, your right to a hearing shall be waived and this Proposed Order shall become the Final Order by default. See ORS 196.825(7); OAR 141-085-0575; OAR 141-093-0130. If you request a hearing and then either withdraw your hearing request, notify the Department or administrative law judge that you will not appear, or fail to appear at a scheduled hearing, the Department may issue a final order by default. See ORS 183.417. If the Department issues a final order by default, it designates its file on this matter, including any materials submitted by you that relate to this matter, as the record for purposes of supporting its decision. If you proceed to a contested case hearing, a Final Order will not be issued until after the hearing concludes. See ORS 183.464; OAR 141-085-0575; OAR 141-093-0130. VIII. Federal Servicemembers Civil Relief Act: Active duty servicemembers have a right to stay contested case proceedings under the federal Servicemembers Civil Relief Act. See generally 50 USC 3901 at seq. For more information, contact the Oregon State Bar (800-452-8260), the Oregon Military Department (503-584-3571), or the nearest United States Armed Forces Legal Assistance Office (http://Iegalassistance.law.af.mil). The Oregon Military Department does not have a toll-free telephone number. Department of State Lands 775 Summer Street, Suite 100 Salem, OR 97301-1279 22 503-986-5200 Permit No.: Permit Type: Waters: County: Expiration Date: SPRINGFIELD UTILITY BOARD 61795 -RF Removal/Fill Wetland Lane December 1, 2021 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 thepurpose 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 approve 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 improvements. 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, 503-986-5200. Kirk Jarvie, Southern Operations Manager Aquatic Resource Management Oregon Department of State Lands + December 1, 2020 Authoriz SI ature Date ATTACHMENT A Permit Holder: Springfield Utility Board Project Name: Glenwood Substation Special Conditions for Removal/Fill Permit No. 61795 -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, Nicholas Amann is acting as the representative of Springfield Utility Board. By proceeding under this permit, Springfield Utility Board 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. In the event information in the application conflicts with these permit conditions, the permit conditions prevail. 2. Authorization to Conduct Removal and/or Fill: This permit authorizes 1.53 acres of wetland impact with associated removal and fill of material in T18S R03W Section 03AC, Tax Lot 101, in Lane County, as referenced in the application, map and drawings (See Attachment B for project location), dated April 9, 2020. 3. 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. 4. 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. 5. 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 6. Local Government Approval Required Before Beginning Work: Prior to the start of construction, the permittee must obtain a development permit from the City of Springfield. 7. Stormwater Management Approval Required Before Beginning Work: Prior to the start of construction, the permittee must obtain a National Pollution Discharge Elimination System (NPDES) permit from the Oregon Department of Environmental Quality (DEQ), if one is required by DEC. Attachment A 61795 -RF Page 9 of 13 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 for 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. Fuels, Hazardous, Toxic, and Waste Material Handling: Petroleum products, chemicals, fresh cement, sandblasted material and chipped paint, wood treated with leachable preservatives or other deleterious waste materials must not be allowed to enter waters of this state. Machinery and equipment staging, cleaning, maintenance, refueling, and fuel storage must be at least 150 feet from OHW or HMT and wetlands to prevent contaminates from entering waters of the state. Refueling is to be confined to 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 enter 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 Attachment A 61795 -RF Page 10 of 13 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. Compensatory Mitigation Bank Credits, Payment -in -Lieu or In -Lieu Fee 12. Mitigation Bank Credit Purchase: Mitigation for the unavoidable loss of 1.53 acres of flats/PEM wetland has been accomplished via purchase of 1.53 credits from the Muddy Creek Wetland Mitigation Bank, per the proof of purchase. u ft Attachment B 61795 -RF Page 13 of 13 IM. ..... ..... . w�oen[avun.wpuw.nm o uironueye�ewwioiemip nnaunosi�runi asoaona