HomeMy WebLinkAboutCorrespondence Miscellaneous 9/18/2007
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, DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS. PORTLAND DISTRICT
EUGENE FIELD OFFICE
1600 EXECUTIVE PARKWAY, SUITE 210
EUGENE, OREGON 97401.2156
RE.Pl,'YTO
A'TTENTION OF:
May 16, 2007
Operations Division
Regulatory Branch
Corps No. NWP-2006-lJ7
Mr. David Corey
, '.
3956 Mirror Pond Way
Eugene, Oregon 97408-5954
Dear Mr. Corey:
The U.S. Army Corps of Engineers (Corps) has received your permit application
requesting Department of the Army authorization to place fill into the McKenzie River. The
pr6ject is located in the McKenzie River, approximate Mile 12.5, in Springfield, Lane County,
Oregon. The site is north of 16th and Yolanda Streets and east of Harvest Lane, in Section 24,
Township 17 South, Range 3 West
The project involves excavating and placing fill into 0:07-acre below the ordinary high
water mark to construct a 48-illCh diameter stormwater outfall with a rock apron. The project
details are shown in the enclosed drawings (Enclosure 1).
This letter verifies that your project is authorized under the terms and limitations of
Regional General Pcrmit (RGP) Category C (Utility Lines). Your activities must be conducted in
ac~ordance with the conditions found in the Portland District Regional Conditions (Enclosure 2),
th~ 2002 Nationwide Permit and Replacement Regional General Permit General Conditions
(Enclosure 3). You must also comply with the Conditions of the Oregon Department of
Erivironmcntal Quality (DEQ) Certification (Enclosure 4) and the project specific conditions
lettered (a) through (g) below. Failure to comply with any of the listed conditions could
re~ult in the Corps initiating an enforcement action.
. a. You shall notify the Regulatory Branch with the date the acti vities authorized in waters
oithe U.S. are scheduled to begin. Notification shall be sent by email to
cenwP.llotifv(aJ,usace.annY.mil or mailed to the following addrcss:
U.s. Anny Corps of Eng;neers
Pennit Compliance, Lane County
1600 Executive Parkway, Suile 210
Eugene, Oregon 97401-2156
Date Received:~-1 j ~()1
Planner: . J1)
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09/08/2007 SAT 10:21 FAX 541 687 0739 GOEBEL ENGINEERING
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The subject line of the message shall contain the name ofthe comty in which the project is
lo~ated followed by the Corps of Engineers permit number.
b. Permittee understands and agrees that, if funrre operations by the United States require
the removal, relocation, or other alteration of the structure or work herein authorized, or if in the
opinion ofthe Secretary of the Army or their authorized representative, said structure or work
shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee
will be required upon due notice from the U.S Army Corps of Engineers to remove, relocate, or
alter the structural work or obstructions caused thereby without expense to the United States. No
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cl~irn shall be made against the United States on account of any such removal or alteration.
, 'c. Permittee shall isolate and confine the Worksite from the active channel to minimize
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turbidity and prevent pollutants from entering the waterbody. Permittee shall install and maintain
erosion control measures throughout construction until permanent controls are in place in
colnpliance with DEQ water quality standards.
d. Permittee shall install and maintain adequate erosion control measures such as silt
fence throughout construction and until permanent controls are in place in compliance with DEQ
water quality standards. In the event ohain or other event of sufficient intensity or duration to
render erosion controls ineffective, pennittee shall secure the project area and cease construction
activity until water levels have sufficiently receded.
i
I e. Permittee shall take the necessary precalLtions to prevent any petroleum products,
chemicals, or deleterious or toxic materials from entering waterways during construction to
prbvent the introduction of contaminants or pollutants into the aquatic ecosystem.
'I f. Permittee shall re-vegetate areas disturbed by construction dluing the first appropriate
planting season after installation of the Outfall and apron is completed to replace affected riparian
functions such as shading and nutrient inputs. Atlhe end of three years, the replanted areas shall-.
support 80 percent coverage of native, non-invasive herbs, and 80 percent slU'vival of shrubs and
tre~s. Not more than 15 percent of the replanted areas shall be occupied by invasive, noxious aT
exotic species. The estimated date for proj ect completion is Fall 2007. .
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': g. Permittee shall have a qualified archaeological monitor onsite during earth-disturbing
activities in jurisdictional waters. If cultural artifacts are discovered the permittee shall notify the
C~rps inrrnediate1y at the email or street address ill Special Conditio!l (a) above. The Corps
resommends the permittee cease work until the Corps has completed the requisite consultation
tmdcr Section 106 of the National Historic Preservation Act.
09/08/2007 SAT 10:21 FAX 541 687 0739 GOEBEL ENGINEERING
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We direct your attention to the Portland District Regional Conditions (Enclosure 2) that
requires the transfer of this permit if the property is sold, and General Condition 14 of the 2002
Nationwide Permit and Replacement Regional General Permit Conditions (Enclosure 3) that
requires you to submit a sigm:d certificate when the work is completed. A "Compliance
. Certification" is provided (Enclosure 5).
This authorization does not obviate the need to obtain other permits where required.
Permits, such as those required from the Oregon Department of State Lands (ODSL) tmder
Oregon's Removal /Fill Law, must also be obtained before work begins,
This verification is valid for a period of two years from the date of this letter unless the
RGP expires, is modified, reissued, or revoked prior to that date. This RGP is scheduled to be
modified, reissued, or revoked in January 2008. If you commence or under contract to
c~mmence this activity before the date the RGP expires, is modified, or revoked, you will have
12 months from the date of the modification or revocation to complete the activity under the
present terms and conditions of the current RGP.
If you have any questions regarding this RGP verification, please contact Michele D.
H~on at the letterhead address, by telephone at (541) 465-6878, or email
michele.e.hansonlalllsace.arrnv.miJ.
Sincerely,
Lawrence C. Evans
Chief, Regulatory Rmnch
Enclosures
C6py Puniished:
Oregon Department of State Lands (Holthaus)
Oregon Department of Environmental Quality (Cyril)
Cbyote Creek Environmental Services, Inc. (Shippey)
09/08/2007 SAT 10:22 FAX 541 687 0739 GOEBEL ENGINEERING
! erra;:,erver lmage cou.y ofthe U~GS'
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Page 1 of I
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Corps No. NWP-2006-137
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09/08/2007 SAT 10:24 FAX 541 687 0739 GOEBEL ENGINEERING
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LegacyEBtates Project
Figure 1
Cuyote Creek Emiromncntal Services, Inc,
Corps No, NWP-2006-137
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PLAN AND CROSS-SECI"ION OF OUTFALL
Legacy Estates I David Cl:lrey Project
Cuyofe Creek Emirtmme,,/a[ Services. Inc.
Corps No. NWP-2006-137
Page 6 of 8
Enclosure (l)
09/08/2007 SAT 10:26
FAX 541 687 0739 GOEBEL ENGINEERING
14I 011/031
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ROCK OR BRUSH FILTER - SC-5
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Corps No. NWP-2006-137
Page 7 of 8
Enclosure (1)
09/08/2007 SAT 10:27 FAX 541 687 0739 GOEBEt ENGINEERING
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ROCK OR BRUSH FILTER - SC-5
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Corps No. NWP-2006-137
Page 8 of 8
Enclosure (1)
I{l] 013/031
09/08/2007 SAr 10:27 FAX 541 687 0739 GOEBEL ENGINEERING
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Portland DistrictRegional Conditions
a.
In-Water Work Window: All in-water work, including temporary fills or structures, shall occur
betwcen Julv 1 and Aue:ust 31 (time frames are speci fic to the waterbody). Exceptions to these
,
time periods require specific approval froll the Corps.
b.
Upland Disposal: All excess material wili be taken to a suitable upland location for disposal.
The material shall be placed in a location and manner that prevents its discharge into waterways or
. wetlands.
c.
Hea..y Equipment: Heavy equipment shall be operated from the bank and not placed in the
stream unless specifically authorized by th~ District Enginecr. Heavy equipment must be placed
on mats or similar precautions must be taken. to rn.ulimize damage to wetland resources.
d.
Fish Screening: Fish screening will comply with standards approved by the National Marine
Fisberies Service (NMFS) OT the Oregon Department ofFish & Wildlife (ODFW), as appropriate.
e.
Cultural Resources and Human Burials: Permittees must immediately notil}' the District
Engineer if at any time during the course of the work authorizcd, human burials, cultural
rcsources, or historic propcrtics, as identified by the National Historic Preservation Act, may be
art'ected. Failure to stop work in the area of exposure lUltil such time the Corps has complied with
the provisions of33 CFR 325, Appendix C, the National Historic Preservation Act and other
pertinent regulations, could result in violation of state and federal laws. Violators are subject to
civil and criminal penalties.
f.
Fish Passage: Permittee shall ensure activities authorized by Nationwide Permit will not H'Strict
passage of aquatic life. Activities such as the installation of culverts or diversion structures, or
other modific.:ations to c.:hilIlIld-morphology must be designed 10 b" consistt:nt with fish passage
~tandards developed by ODFW and NMFS. The standards can be found in the document entitled
'~ODFW Standards and Criteria for Stream Road Crossine:s1." The streambed shall be returned to
prcconstrllction contours after construction unless the purpose of the activity is to eliminate a fish
barrier.
g.
Riparian Vegetation Protection and Restoration: When working in waters of the United States
~r liparian arcas, the construction boundary shall be minimized to the maximum extent
practicable. Pcrmittee shall mark and clearly define the construction boundary before begimiing
work. Native riparian vegetation will be successfully established along tributaries where the
vegetation was removed by construction. The plantings shall start at the ordinary high water mark
and extend 10 feet back from tlle top of the bank. The plantil1gs must be completed by the end of
thc first planting season following the disturbance.
1 See CUi'rent version at http://www_dfw.sta[e_or.u.sJodfwhlmVinfocntrfishJmanaQ:em~ntlstre~mroad.hTm
Corps No. 2006-lJ7
Page I of2
Enclosurc (2)
@014/031
09/08/2007 SAT 10:28 FAX 541 687 0739 GOEBEL ENGINEERING
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h. Erosion Controls: All practicable erosion cDntrol devices shall be installed and maintained in
good working order throUghDut construction to prevent the unauthorized discharge of material into
a wetland Dr tributary. The devices shall be installed to maximize their effectiveness, e.g.,
sediment fences shall generally be buried or similarly securcd. These cDntrols shall be maintained
until permanent erosion cDntrols are in place.
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1.
Practicable erDsiDn cDntrol measures include, but are not limited to the follDwing:
I.
Fill is placed in a manner that avoids disturbance to the maximum practicable extent e.g.,
placing fill with a machine rather than end-dumping from a truck;
Prevent all cDnstruction materials and.debris [rom entering waterway;
Use filter bags, sediment fences, sediment traps or catch basins, silt curtains, leave strips or
berms, jersey barriers, sand bags, Dr other measures sufficient to prevent movement of soil;
Use impervious materials to cover stockpiles when unattended or during rain event;
Erosion control meaSures shall be inspected and maintained daily to ensure their continued
effectiveness;
No heavy machinery in a wetland or other waterway;
Use a gravel staging area and construction access;
Fence off planted areas to protect from disturbance and/or erosion; and
Flag or fence offwetlallds adjacent to the construction area.
2.
3.
4.
5.
6.
7.
8.
9.
I
Maps and Drawings: In addition to the items required in Nationwide Permit General Condition
No. 13. all preconstructiDn notifications shall contain maps showing thc project location as well as
plan-view and cross-sectional drawings showing the proposed work. The map(s) shall be of a
scale and detail to dearly identify the projectiDn location(s). Drawings shall be sufficient in
)lumber and detail to accurately portray the project.
Bank Protection: Riprap shall be clean, durable, angular rock. The use of other materials such as
broken concretc, asphalt, tires. wire, steel pDStS. or similar materials is not authorized. The project
design shall minimize the placement 'of rock and maximize the use of vegetation and organic
material such as rootwads to the extent practicable. Riparian plantings shall be included in all
project designs unless the permittee can demonstrate they are not practicable. 'The permittee must
notify the District Engineer in accordance with Nationwide Permit General Condition No. 13 for
any activity that includes bank stabilization.
"
~nspection of the Project Site: Thc pcrmittec must allow representatives of the Corps to inspect
the authorized activity to confirm compliance with nationwide terms and conditiDns. Personnel
from the Oregon Department of Enviromnental Quality (DEQ) and Department of Land
Conservation and Development (DLCD) are considered to be authorized "representatives" for the
purpose of Section 401 Water Quality or Coastal Zone Management inspections. For projects on
tribal land, thc Enviromncntal Protcction Agency (EP A) is considered an authorized
representative. A request for access to the site will normally be made sufficiently il1 advance to
aUow a property owner or representative to be onsite with the agency representativc making the
inspection.
Sale of PropertylTJ'ansfer of Permit: If you sell the property associated with this pennit, you
must transfer the permit to the new owner(s) and obtain their signature(s). A copy of this permit
with the new owner(s) signature shall be sent to this office to validate the transfer of this permit
al~thorization.
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2002 Nationwide Permifand
Replacement Regional General Permit (RGP)
General Conditions
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including
maintenance to ensure public safety.
3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be
used and maintained in effective operating condition during construction, and all exposed soil
and other fills, as well as any work below the ordinary high water mark or high tide line, must
be permanently stabilized at the earliest practicable date. P,mnittees are encouraged to perform
work within waters ofthe United States during periods oflpw-flow or no-flow.
4. Aquatic Life Movements. No activity may substantially disrupt the necessary life-cycle
movements of those species of aquatic life indigenous to the waterbody, including those species
that normally migrate through the area, unless the activity's primary purpose is to impound
water. Culverts placed in streams must be installed to maintain low flow conditions.
5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other measures
mllst be taken to minimize soil disturbance.
6: Regional and Case-By-Case Conditions. Thc activity must comply with any regional
conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with
any case specific conditions added by the Corps or by the state or tribe in i ls Section 40 I Water
Quality Certification and Coaslal Zone Management Act consistency detem1ination.
7. Wild and Scenic RiVers. No activity may occur in a component of the National Wild and
, Scenic River System; or in a river officially designated by Congress as a "study river" for
possible inclusion in the system, while the river is in an official study slatus; unless the
appropriate Federal agency, with direct management responsibility for sueh river, has
determined in writing that the proposed activity will not adversely affect the Wild and Scenic
River designation, or study status. Information on Wild and Scenic Rivers may be obtained .-.
from the appropriate Federal land management agency in the area (e.g., National Park Service,
U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service).
8. Tribal Rights. No adivity (Jr its operation may impair reserved tribal rights, including, but not
limited to, reserved water rights and treaty fishing and hunting rights. .
9. Water Quality.
(a) In certain states and tribal lands an individual 401 Water Quality Certification must be
obtained or waived (See 33 CPR 330.4(c)); (b) For NWPs 17,32, 40,42,43, and 44 and
RGP categories C, E, G, and K ,where the state or trib:il40l certification (either
generically or individually) does not require or approve water quality management
measures, the pennittec must provide water quality management measures that wiII ensure
that the authorized work does not result in more than minimal degradation of water quality
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until notified by the District Engineer that the requirements of the National Historic
Preservation Act have been satisfied and that thc activity is authorized. Information on the
location and existence of historic resources can bc obtained from the State Historic
Preservation Office and the National Register of Historic Places (see 33 CFR 330.4(g)). For
activities that may affect historic properties listed in, or eligible for listing in. the National
Register of Historic Places, the notification must state which historic property may be affccted
by the proposed work or include a vicinity map indicating thc location of the historic property.
13. N otifieation.
(a) Timing; where required by the terms of the NWP or RGP category, thc prospcctive
permittee must notify the District Engineer with a preconstruction notification (PCN) as
early as possible. The District Engineer must detennine if the notification is complete
within 30 days of the date ofreceipt and can request additional information necessary to
make the PCN complete only once. However, if the prospective permittee does not pro:vide
all of the requested information, then the District Engineer will notify the prospective
permittee that the notification is still incomplete and the PCN review process will not
commencc until all of the requested information has been received by the District Engineer.
The prospective permittee shall not begin the activity:
(1) Until notified in writing by the District Engineer that the activity may proceed under
the NWP or RGP category with any special conditions imposed by the District or .
Division Engineer; or
(2) If notified in writing hy the District or Division Engineer that an Individual Permit is
required; or
,
(3) Unless 45 days bave passed from the District Engineer's receipt' ofthe complete
notification and the prospective permittee has not received written notice from the
District or Division Engineer. Subsequently, the permittee's right to proc""u UTI<1"r the
NWP or RGP category may be modified, suspended, or revoked only in accordance
with the procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Notification: The notification must be ill writing anu include the following
information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location ofthe proposed project;
(3) Brief description of the proposed project; the project's purpose; direct and indirect
adverse environmental effccts the project would cause; any other NWP(s), Regional
General Permit(s), or Individual Perrnit(s) used or intended to be used to authorize any
.part ofthe proposed project or any related activity_ Sketches should be provided when
ncccssary to show that the activity complies with the terms of the NWP or RGP
category (Sketches usually clarify the project and when provided result in a quicker
decision.);
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(10) For NWP 31 (Maintenance of Existing Flood Control Facilities), the prospective
permittee must either notify the District Engineer with a PCN prior to each maintenance
activity or submil a five year (or less) maintenance plan. In addition, the PCN must
include all of the following:
(i) Sufficicnt baseline information identifying tile approved channel depths and
configurations and existing facilities. Minor deviations are authorized, provided the
approved flood control protection or drainage is not increased;
(ii) A delineation of any affected special aquatic sites, includltlg wetlands; and,
(iii) Location o[(he dredged material disposal site;
(11) For NWP 33 (Temporary Constrllction, Access, and Dewalering), the PCN must
also include a restoration plan of reasonable measures to avoid and minimize adverse
effects to aquatic resources;
(12) For NWPs 39, 43 and 44, and RGP category K, the PCN must also include a
written statement to the District Engineer explaining how avoidance and minimization
for losses of waters of the US were achieved on thc:project site;
(13) For RGP l;:ategory K and NWP 42, the PCN must include a compensatory
mitigation proposal to offset losses of waters oftheUS or justification explaining why
compensatory mitigation should not be required. For discharges that cause the Joss of
greater thatl 300 linear feet of an intermittent strt:am bed, lo be aulhori:!ed, the Dislrict
Engineer must determine that the activity complies with the other terms and conditions
of the NWP or RGP category, determine adverse environmental effects are minimal
both individually atld cumulatively, atld waive the limitation on' stream impacts in
writing before the permittec may proceed;
(14) For NWP 40 (Agricultural Activities), the peN must include a compensatory
mitigation proposal to offset losses of waters of the US. This NWP docs not authorize
the relocation of greater than 300 linear-feet of existing serviceable drainage ditches
constructed in non-tidal streams unless, for drainage ditches constructed in intermittent
non-tidal streams, the District Engineer waives this criterion in writing, and the Distrkt
Engineer has determined that the project complies with all temlS and conditions of this
NWP, and that any adverse impacts of the project on the aquatic environment are
minimal, both individually and cu.muJatively;
(15) For NWP 43 (Stunnwater Managemenl Facililie.), the PCN must include, [ur the
construction of ncw stormwatcr management facilities, a maintenance plan (in
accordance with state and local requirements, if applicable) atld a compensatory
mitigationproposaJ to offset losses of waters of the US. For discharges that cause the
loss of greater than 300 [in ear feet of an intermittent stream bed, to be authoriz.ed, the
District Engineer must determine thal the activity complies with the other terms atld
conditions of the NWP, determine adverse environmental effects are minimal both
individually and cumulativcly, and waive the limitation on strcam impacts in writing
before the permittee may proceed;
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If the District Engineer delermines that the adverse cffects of the proposed work are more
than minimal, then the District Engineer will notifY the applicant either: (I) That the proj ect
does not qualify for authorization under the NWP or RGP and instruct the applicant on the
procedures to seek authorization under an Individual Permit; (2) that the project is
authorized under the NWP or RGP subject to the applicant's submission of a mitigation
proposal that would reducc the adverse effects on the 3;quatic environment to the minimal
level; Of (3) that the project is aulhorized und"f the NWP or RGP with specific
modifications or conditions. Where the District Engineer detennines that mitigation is
required to ensure no more than minimal adverse effects occur to the aquatic environment,
the activity will be authorized within the 45-day PCN period. The authorization will includc
the necess<IIY conceptual or specific mitigation or a requirement that the applicant submit a
mitigation proposal that would reduce the adverse effects on the aquatic environment to the
minimal level. When conceptual mitigation is included, or a mitigation plan is required
under item (2) above, no work in watcrs of the US will occur until the District Engineer has
approved a specific mitigation plan.
(e) Agency Coordination: The District Engineer will consider any comments from Federal'
and state agencies concerning the proposed activity's compliance with ,the terms and
conditions ofthe NWPs and RGP and the need for mitigation to reduce the proj ecl's
ad verse environmental effects to a minimal level.
For activities reqlliring notifkation to the District Engilieer iliatresult in the loss of greater
than 1/2-acrc of waters of the US, the District Enginee~ will provide immediately (e.g., via
facsimile transmission, overnight maii, or other expeditious manner) a copy to the
appfOpriate Federal or state officcs (USFWS, state natural resource or water quality agency,
,EP A, State Historic Preservation Officer (SHPO), and, if appropriate, the NMFS). With the
exception ofNWP 37, these agencies will then have 10 calendar days from the date the
material is transmitted to telephone or fax the District Engineer notice that they intend to
provide substantive, site-specific co=ents. If so contacted by 'Ul agency, the District
Engineer will wait an additional 15 calendar days before making a decision on the
notification. The District Engineer will fully consider agency co=ents received within the
specified time framc, but will provide no response to the resource agency, except as
provided below. The District Engineer will indicate ill the administrative record associated
with each notification that the resource agencies' concerns were considered. As required by
section 305 (b)( 4 )(B) of the Magn.uson-Stevens Fi sheryConservation and Management A,f.t,
thc District Engineer will provide a response to NMFS within 30 days of receipt of any
Essential Fish Habital conservation recommendations. Applicants are encouraged to
provide the Corps multiple copies of notifications to expedite agency notification.
(1') Wetlillld Delineations: Wetland delineations must be prepared in accordance with the
current method required by the Corps (For RGP category J see paragraph (b)(9)(iii) for
parcels less than (1/4-acre in size). The permittec may ask the Corps to delineate the special
aquatic site. There may be some delay ifthe Corps does the delineation. Furthermore, the
45-day period will not start until the wetland delineation has been completed 'and submitted
to the Corps, where appropriate.
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(c) Compensatory mitigation at a minimum one-far-one ratio will be rcquired for all
wet.land impacts requiring a peN, unless the District Engineer determines in writing that
some other form of mitigation would be more environmentally appropriate and provides a
project-specific waiver of this requirement. Consistent with National policy, the District
Engineer will establish a preference for restoration of wetlands as compensatory mitigation,
with preservation used only in exceptional circumstances.
(d) Compensatory mitigation (Le., replacement or substitution of aquatic resources for those
impacted) will not be used to increase the acreage losses allowcd by the acreage limits of
some of the NWPs or RGP categories. For example, 1/4-acre of wetlands cannot be created
to change a 314-acre loss ofwetJands to a 1/2~acre loss associated with RGP category K
verification. However, 1/2-acre of created wetlands can be used to reduce the impacts of a
1/2-acre loss of wetlands t.o the minimum impact level in order to meet the minimal impact
requirement associated with NWPs or RGP catcgorics.
(e) To be practicable, the mitigation must be available and capable of being done
considering costs, existing tcchnology, and logistics in light of the overall project purposes.
Examples of mitigation that may be appropriate and practicable include, but are not limited
to: reducing the size of the project; establishing and maintaining wetland or upland
vegetated buffers to protect open waters such as streams; and replacing losses of aquatic
resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferably in the same watershed.
(f) Compensatory mitigation plans for projects in or near streams Or other open waters will
normally include a requirement for the establishment, maintenance, and legal protection
(e.g., easements, deed restrictions) of vegetated buffers to open waters. In many cases,
vegetated buffers will be the only compensatory mitigation requiTed. Vegetated buffers
should consist of native species. The width of the vegetated buffers required will address
documented water quality or aquatic habitat loss conccms. N 01111ally, the vegetated buffer
will be 25 to 50 feet wide on each side of the stream, but the District Engineers may require
slightly wider vegetated buffers to address documented water quality or habitat loss
concerns. Where both wetlands and open waters exist On the project site, the Corps will
determine the appropriate compensatory mitigation (e.g:, stream buffers or wetlands
compensation) based on what is best for the aquatic environment on a watershed basis. In
cases where vegetated buffers are determined to be the most appropriate form of
compensatory mitigation, the District Engineer may waive or reduce the requirement to
provide wetland compensatory mitiga.tion for welland impacts.
(g) Compensatory mitigation proposals submitted with the "notification" may be either
conceptual or detailed. If conceptual plms are approved under the verification, then the
Corps will condition the verification to require detailed plans be submitted and approved by
. the Corps prior to eonstruclion of the authorized activity in waters of the U.S.
(h) Permittees may propose the usc ofmitigatiC]n banks, in-lieu fee arrangements or
separate activity-specific compensatory mitigation. In all cases that require compensatory
mitigation, the mitigation provisions will speeily the party responsible [or accomplishing
and/or complying with the mitigation plan. '.
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us may be authorized by the above NWPs or RGP categories in National Wild and Scenic
Rivers if the activity complies with General Condition 7. Further, such discharges may be
authorized in designated critical habitat for Federally listed threatened or endangered
species if the activity complies with General Condition J J and the USFWS or ,he NMFS
has concurred in a determination of compliance with this condition.
(b) ForNWPs 8, 10, 15,19,22,23,28,30,33,34,36,37, and 38 and RGP categories A,
D, G, H, and !, notification is required in accordance with General Condition lJ, for any
activity proposed in the designated critical resource waters including wetlands adj acent to
those waters. The District Engineer may authori'!:e activities under these NWPs or RGP
categories only after it is determined that the impacts to the critical resource waters will be
no more than minimal.
26. Fills Within IOO-Year Floodplains. For purposes oftrus General Condition, IOO-ycar
floodplains will be identified through the existing Federal Emergency Management Agency's
(FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain maps.
(a) Discharges in Floodplain; Bclow Headwaters. Discharges of dredged or fill material into
waters of the US within the mapped I aD-year floodplain, below headwaters (i.e. five cfs),
resulting in permanent above-grade fills, are not authorized by NWPs 40,42, 43, and 44
and RGP category K.
(b) Discharges in FIoudway; Abuve H~adwat"rs. Discharges of dredged or fill material into
waters of-the US within the FEMA or locally mapped tloodway, resulting in permanent
above-grade fills, are not authorized by NWPs 40, 42, and 44 and RGP category K.
(c) The permittee must comply with any applicable FEMA-approved state or local
floodplain management requirements.
27. Construction Period. For activities that have not been verified by the Corps and the project
was commenced or under contract to commence by the expiration date of the NWP or RGP
category (or modification or revocation date), the work must be completed within 12.months
after such date (including any modification that affects the project).
For activities that have been verified and the project was commenced or under contract to
commence within the verification period. the work must be completed by the date determine!! .
by the Corps.
For projccts that have been veritled bythc Corps, an extension ofa Corps approvcd completion
date maybe requested. This request. must be submitted at least one month before t.he previously
approved completion date.
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change an aquatic area'to dry land, increase the bottom elevation of a waterbody;or change Ule use of
a waterbody. The acreage ofIoss of waters of the US is the threshold measurement of the impact to
existing waters for determining whether a project may qualify for an RGP; it is not a net threshold that
is calculated afIer considering compensatory mitigation that may be used to offset losses of aquatic
functions and values. The loss of stream bed includes the linear feet of stream bed that is filled or
excavated. Impacts to ephemeral streams are not included in the liDear foot measurement of loss of
slream b"d for the purpose of determining compliance with the linear foot limits ofRGP-K. Waters of
the US temporarily filled, flooded, excavated, or drained, but restored to preconstruction contours and
elevations after construction, are not included in the meas\lIement of loss of waters ofthe US.
Non-tidal Wetland: A non-tidal wetland is a wetland (i.e., a water ofthe US) that is not
subject to the ebb and flow oflidal waters. The definition of a wetland can be found at 33 CFR
3283(b). Non-tidal wetlands contiguous to tidal waters are located landward of the high tide line (i.e.,
spring high tide line).
Open Water: An area that, during a year with normal patterns of precipitation, has standing or
flo""ing water for sufficient duration to establish an ordinary high 'water mark. Aquatic vegetation
within the area of standing or flowing water is ,either non-emergent, SparSc, or absent. Vegetated
shallows are considered to be open waters. The term ., open water" includes rivers, streams, lakes, and
ponds. For the purposes of the RGPs, this term does not include ephemeral waters.
Per.,nnial Slr.,am: A p.,rennial s!ream has ilowing water year-round during a typical year. The
water table is located above the stream bed for most of the year. Groundwater is the primary source of
water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow.
Permanent Above-grade Fill: A discharge of dredged or fill material into waters ofthe US,
including wetlands, that results in a substantial increase in ground elevation and permanently convcrts
part or all of the waterbody to dry land. Structural fills authorized by RGP A, G, etc. are not inclUded.
Presel:vation: The protection of ecologically important wetlands or other aquatic resources in
perp!"tuity through the implementation of appropriate legal and physical mechanisms. Preservation
may,includc protection of upland areas adjacent to wetlands as necessary to ensure protection and/or
enhancement of the ovcrall aquatic ecosystem.
Restoration: Rc-establishment of wetland and/or other aquatic resource characteristics and_.
function(s) at a site where they have ceased to exist, or exist in a substantially degraded state.
Riftle and Pool Complex: Rime and pool complexes are special aquatic sites Wlder the
404(b)(l) Guidelines. Riffle and pool complexes sometimes chamcterize steep gradient sections of
strcaIns. Such stream sections are recognizable by their hydraulic characteristics, The rapid movement
of water over a course substrate in riffles results in a rough flow, a turbulent surface, and high
dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A slower stream
velocity, a streaming flow, a smooth surface, and a finer substrate characterize pools.
Single and Complete Project: The tenn "single and complete project" is defined at 33 CPR
330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or other
association of owners/developers (s'ee definition of independent utility). For lincar projects, the "single
and campl",t., proj ect" (i.",., a single and complete crossing) ",ill apply to each crossing of a separate
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Vegetated Shallows: Vegetatcd shallows are special aquatic sites under the 404(b)(1)
Guidelines. They are areas that are permanently inundated and under normal circumstances have
rooted aquatic vegetation. such as seagrasses in marine and estual;ne systems and a variety of vascular
rooted plants in freshwater systems.
Watcrbody; A waterbody is any area that in a normal year has water flowing or standing
above ground to the extent that evidence of an ordinary high water mark is established. Wetlands
contiguous to the waterbody are considered part of the waterbody.
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Section 401 Water Quality Certitication (WOC)
Part A - General Conditions
1. Duration of Certification- This 401 WQC shall remain in effeclul1til the Regional General
Permit (RGP) expires or the Nationwide Permit (NWP) categories it covers are considered for re-issue
and certification as part ofNWP package.
2. This Section 401 WQC does not authorize any activity in tidal waters or wetlands adjacent to
tidal waters.
3. Turbidity Control: The following conditions relating to turbidity sball be ohserved:
a. Except as allowed in Condition 3(11) or 3(c) [below], the authorized work shall not
cause turbidity of affected waters to exceed natural background turbidity by 10 percent,
measured 100 feet downstream from the activity causing turbidity.
b. For projects in streams where the gradient is less than or equal to two (2) percent
(rise/run), monitoring shall take place at no less than four (4)-hour intervals during
active in-water work Where erosion control measures specified in General Condition 4
ofthis WQC have been implemented, the turbidity standard specified in General
Condition 3(a) may be exceeded for a maximum of one (1) monitoring interval per 24-
hour work period.
c, For projects in streams where the gradient is great than two (2) percent (rise/run),
monitoring shall take place at no less than two (2)-hour intervals during active, in-water
work. Where erosion control measures specified in 'General Condition 4 ofthis
certification have been implemented, the turbidity standard ';peciIied in General
Condition 3(a) may be exceeded for a maximum of two (2),hours.
d_ For proj ects impacting streams, water quality monitoring points shall be established at
an undisturbed site representing background conditions a.t least I 00. feet upstream from
the point of permitted work, and at a point lOO feet downstream from the point of
permitted activity in the visible plume, if one is present. Other monitoring locations
may he authorized by the Corps if access is problematic. A turbidimeter is
recommended for measuring; however, visual gauging is acceptable. If measured
visibility, turbidity that is visible over background is considered an exceedance of the
standard.
e. The person(s) conducting the monitoring shall be responsihle for immediately notifying
the permit holder or the permit holder's onsite r<q>resentati ve of any exeeedallce of tile-,
turbidity standard and shalll(eep a record oUhe exceedanee. If a lO percent exceedance
of the background level occurs at 100 feet below the project site, turbidity control
measures shall be improved or additional controls shall be implemented until the
turbidity standards is met. Monitoring shall continue at prescribed compliance
intervals. If cxceedances caused by the permitted activity occur during two consecutive
measurements, the activity causing the turbidity shall stop until appropriate abatement
techniques bring the proj ect bacI{ into compliance.
4. Erosion 'Control: The applicant is referred to DEQ's Oregon Sediment and Erosion Control
Manual. April 2005. The following erosion control measures (and others as appropriatc) or
comparable measures as speewed in NPDES 1200-C pen11it (if required) shall be lnlplemented:
Section 401 Water Quality Certification for the RCTP covering Nationwide categories suspended by
implementation ofSPGP.
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c. BiologicaJIy harmful materials and construction deqris including, but not limited to:
petroleum products, chemicals, cement cured less than 24 hOUTS, welding slag and
grindings, concrete saw cutting by-products, sandblasted materials, chipped paint, tires,
wire, steel posts, asphalt and waste concrete shall not be placed in waterways or
wetlands. Authorized fill material must be frce of these materials. The applicant must
remove all foreign materials, refuse, and waste from the project area.
d. An adequate supply of materials needed to contain deleterious materials during a
weather event must be maintained at the project construction site.
c. Machinery refueling shall not occur in waterways or wetlands or their riparian areas.
Refer to General Condition 6 for refueling specifics:
6. Spilll'reventioo aDd Staging Activities: Fuel, operate, maintain, and store vehicles and
const!"lction materials in areas that minimize disturbance to habitat and prevent adverse effects from
potential fuel spills.
a. Limit staging areas to the minimum size necessary to complete the project. To reduce
the staging area and potential for contamination, ensure that on ly enough supplies and
equipment to complete a specific task will be stored onsite.
b. Complete vehicle staging, cleaning, maintenance, refueling, and fucl storage in a
vehicle staging area placed 150 feet or more from any waters of the State, unless this
distance is not appropriate because of the following site conditions:
i. Physical constraints that make this distance not feaSible (e.g., steep slopes, rock
outeroppings).
11. Natural resource features would be degraded as a result o{this setback.
iii. Equal or greater spill containment and effect avoidance if staging area is less
than 150 feet of any waters of the State.
c. rfstaging areas are within 150 feet of any waters onhe State, full containment of
potential contaminants shall be provided to prevent soil and water contamination, as
appropriate.
d. Inspect all vehicles operated within 150 feet of any watcrs of the Statc daily for fluid
leaks before leaving the vehicle staging arca. Repair any leaks detected in the vehicle
staging area before the vehicle rcsumes operation. Document inspections in a record
that is available for review on request by the appropriate Regulatory Authorities.
c. Beforc opcrations begin and as often as necessary during operation, steam c!E::an (or an
approved equal) all equipment that will be used below bankfull elevation until all
visible external oil, grease, mud, and other visible contaminates are removed.
f. Diaper all stationary power equipment (c.g., generators, cranes, stationary drilling
equipment) operated wilhin 150 {eel o[any waters of the State to prevent leaks, ullless
other suitable containment is provided to prevent potential spills from entering any
waters of the State.
g. An adequatc supply ofmatcrials (such as straw matting/hales, geotextiles, booms,
diapers, and other absorbent materials) needed to control erosion and/or to contain
deleterious materials during a weather event must be maintained at the project
construction site.
7. Spill 'Reporting: Project-related spills that enter waters of the State or onto land "With a
potential to enter waters of the State shall be reported to the Oregon Emergency Responsc System
(OERS) at 800-452-0311. .
Section 401 Water Quality Certification for the RGP covel'ing Nationwide categories suspended by
implementation ofSPUP.
Corps No. NWP-2DD6-137
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10. Site Restoration: Riparian and Wetland Vegetation Protection and Restoration-Vegetation
associated with water of the State, including wetlands, is absolutely essential in preserving and
enhancing water quality. In many cases this includes vegetation on adjacent upland buffer areas.
Therefore riparian, wetland, and shoreline vegetation in the project area shall be protected from
unauthorized disturbance, or, if authorized work results in unavoidable disturbance, shall be restored
and enhanced. The applicant must protect or restore habitat access, production of habitat elements,
channel conditions, flows, watershed conditions, and other ecosystem processes that form and maintain
productive habitats.
Preparation and implementation of a Site Restoration Plan may be required to ensure that all habitats
and acccsscs.( e.g., streambanks, soils, large woody material, and vegetation) disturbed by the proj cct
are restored.
a. Site Restoration Plan Requirements-Consistent with OAR 141-085-0171, when
impacts to existing vegetation arc anticipated as a result of the proposed activities, and
the impacts will not require mitigation because they'are considered temporary, the
applicant must provide a rehabilitation plan for temporary impacts which includes the
following:
i. Existing and proposed contours.
ii. Existing physical and biological characteristics, including vegetation.
iii. Geomorphology and habitat features of stream or other open waters.
iv. Areas oftemporary impacts associated with construction staging and access.
v, Restoration goals and objectives necessary to reslore losl functions.
VI. A planting plan appropriate to the geographic area which demonstrates how the
applicant will replace or enhance riparian vegetation function.
vii. A plan to control exotic invasive vegetation;
Vlll. An irrigation plan, including water supply source, if necessary.
b. General Conditions Relatiol! to Site Disturbance.
i. All exposed soils must be stabilized during a,nd after constmction to prevent
erosi ons and sedimentation.
ll. All disturbed areas shall be returned to original ground contours at project
completion.
iii. There shall be no operation of equipment such that machinery drives into the
water. Work must be conducted from the top of the bank or in the dry.
IV, No removal of vegetation shall occur outside the construction corridor or project
footprint.
Section 401 Water Quality CertificationJor the RGP covering Nationwide categories suspended by
. implementation ofSPGP.
Corps No. NWP-2006-137
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d. Rehabilitation Plan Contents. Use ofthe following design elements, while
discretionary, may lead to more successful rehabilitation efforts.
i. Design Considerations. These guidelines may be used to develop a design plan
and to aid in restoration goal assessment. While no single element is sufficient
to measure success, the intent is that these features should be present within
reasonable limits of natural and management variation:
(1) Bare soil spaces that approximate the size and dispersal pallern of pre-
existing conditions.
(2) Soil movement, such as active rills or gullies and soil disposition around
plants or in small basins, is absent or slight and local;
(3) If areas with past erosion are present, they are completely stabilized and
healed;
(4) Plant litter is well distributed and effective in protecting the soil with few
or no litter dams present;
(5) Native woody and herbaceous vegetation, and germination micro sites,
are present and well distributed across the site;
(6) Vegetation structure is resulting in rooting throughout the pre-existing,
available soil profile;
(7) Plants have normal, vigorous growth form, and a high probability of
remaining vigorous, healthy and doniinant over undesired competing
vegetation;
(8) Strearnbanks have less than 5% exposed soils with margins anchored by
deeply rooted vegetation or coarse-grained alluvial debris.
11. Projccts employing sumps or dry wclls for groundwater dischargc must conform to OAR 340-
044-050. Contact Barbara Priest, DEQ, at 503-229-5945 for more information.
12. DEQ reserves the option to modify, amend, or revoke tins 401 WQC for any or all activities or
categories of activities, in the event that:
a. New information indicates that the certified activities are having a significant adverse
impact on State water quality or aquatic resources;
b. State water quality standards, criteria, or beneficial uses are amended through
rulemaking; or
c. A proposed activity is necessitated by natural or human caused events which rcsult in
sudden structural damage threatening human health and safety and determined by the_.
Corps or DEQ to be an emergency.
Section 401 Water Quality Certification/or the RGP covering Nationwide categories suspended by
implementation of SPGP.
Corps No. NWP-2006-137
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c.
(2) Build the flow-redirection structure primarily of wood or otherwise
incorporate large wood at a suitable elevation in an exposed portion of
the structure or the bank key. Placing the large woody debris near
strcarnbanks in the depositional area between flow direction structures to
satisfy this requirement is not approved, unless thosc areas are likely to
be greater than three feet in depth, sufficient for target-species rearing
habitats.
_ (3) Fill the trench excavated fOT the bank key above bankfull elevation with
soil and topped with native vegetation.
(4) The maximwn flow-redirection structure length wil! not exceed one-
fourth of the bankfull channel width.
(5) Place rock individually without end dumping, unless approvcd in writing
by the appropriate Regulatory Authorities.
(6) If two or more flow-redirection structures are built in a series, place the
flow-redirection structure farthest upstream with 150 feet or 2.5 bankfull
channel widths, from the flow-rediredion strudure farthest downstream.
(7) Include wood riparian planting as a project component.
Use of Laree Wood and Rock-Whenever possible"usc large wood as an integral
component of streambank protection treatments. A"oid or minimize the use of rock,
stone, and similar materials.
i. - Large wood will be intact, hard, and undecayed to partly decaying with
untrimmed rootwads to provide functional refugia habitat for fish. Use of
decayed or fragmented wood found lying on the ground or partially sunken in
the ground is not acceptable.
11. Rock may be used instcad of wood for the following purposes and structures.
The rock may not impair natural stream flows into or out of secondary channels
or riparian wetlands. Whenever feasible, place topsoil over the rock and plant
with woody vegetation.
(I) As ballast to anchor or stabilize largewoody debris components of an
approved bank treatment.
(2) To fill scour holes, as necessary to protect the integrity ofthe project, if
the rock is limited to the depth ofthe'scour hole and does not extend
above the channel bed.
(3) To construct a footing, facing, head wall, or other protection necessary to _
prevent scouring or downcutting of. or slope erosion or failure <It, an __,
existing structure (e.g., culvert, utility line, roadway or bridge support) to
be repaired.
(4) To construct a flow-redirection structure as described abovc.
(5) In projects maintaining existing transportation related stmctures when an'
ODOT or other registered professional engineer identifies rock alone as
the only effective method due to site specific geotechnical or hydraulic
concerns.
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Section 401 Water Quality Certification for the RGP covering Nationwide catego~ies suspended by
implementation of SPGP.
Corps No. NWP-2006-137
Page 9 of 15
Enclosure (4)
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11. Tier 2A and Tier 3A Projects-The applicant must submit a post-construction
Stormwater Management Plan the applicant is referred to the DEQ Storm water
Management Plan Submission Guidelines for Removal/Fill Permit Applications
Which Involve Impervious Surfaces). It is anticipated that stormwater plans for
Tier 2A and Tier 3A projects will entail a short narrative paragraph and a
rudimentary drawing which include the following elcments or justification for
those elements which may not be applicable:
(1) A site sketch or plan view drawing indicating the drainage flow
directions and discharge locations, contours or spot elevations
(preferably both) showing direction of stream and surface flow and
location and oize of pro po oed facilities (e.g., parking lots, driveways,
buildings, or roads) and nearest doWnstream waterbody, other physical
features of the site, and the location and type of construction and post-
construction BMPs;
(2) Bl\1Ps-
a. A description of proposed BMPs and a summary of their
anticipated operation to ensure adequate capacity, proper
function, and appropriate design for the sile such that qlllilily,
quantity, and seasonality of pre-construction hydrologic
conditions are mimicked to the maximwn extent practicable,
based on stonnwater anticipated to be generated due to project-
related impervious surfaces and delivered to waters o[the State.
See local jurisdiction regulations and accepted stormwater
manuals for detention and capacity requirements;
b. A BMP implementation schedule, operation, and maintenance
plan, and.designation of a party or agency with documentation of
their agreement for responsibility for post-construction BMP
maintenance; and
c. A plan [or removal, recycling, and disposal of temporary BMPs
which are not intended for post-construction use;
or in lieu of (2) a, b, and c;
d. Reference to implementation of a programmatic process
developed to achieve these expectations, and acknowledged by
DEQ as adequately addressing pollution control or reduction
through basin-wide post-con~tnlction storrnwater managemenL.
practices.
(3) If engineered structw'al BMPs are incorporated into the post construction
storm water management plan they must be prepared and stamped by an
Oregon registered Professional Engineer (PE).
(4) The applic:mt must submit a copy of the Stormwatcr Managcmcnt Plan
to both the Corps and DEQ.
Section 401 Water Qu.ality Ce,.tificationfor the RGP covering Nationwide categories suspended by
impl~mentation of SPGP.
Corps No. NWP-2006-137
Page 11 of15
Enclosure (4)
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h ttn:llwww.deo.State.or.us/wo/stormwaterlswoescmanual.htm
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DEQ Boilers: Guidance on Bios Wales, Filter Strips, and Constructed Wetlands 2003:
http://www.deq.State.or.us/nwrlB iofilters.odf '
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"'Eastem Washington Manual Chapter 5: http://www.ccy.wa.llov/oubs/0410076.pdf
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*Cit)\lofPortland Manual Chapter 2: htto://www.poI1!andonline.comfbes/index.cfrn?c=35122
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*Wesrem Washington Manual Volume 5: http://www.ecv.wa.gov/~l1bs/9915.odf
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*King CO\1ntry Surface Water Design Manual: htto://dm.metrokc.lwv/wlr/dss/manual.htm
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Low lmpact Development: Technical Guidance Manual for Puget Sound 2005:
http://www.psat.wa.gov/PlI.l1licationsILID tech manualO5/1id index.hlm
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Gllid~ljJles and Resources for Implementing Soil Depth & Quality BMP T.5.13 WDOE Western
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WashingtoJ;! Stormwater Manual 2002: httn://www.compostwashin~on.on!/PDF/SOIL MANUAL.Ddf
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EPA Fact Sheets: http://www.cpa.l!ov/owm/mtb/mtbfact.htm
. EP A prban Stonnwater Best Management Practices Study Report:
htto:llwww.epa.l!ov/waterscience/slormwatcr/usw c.ndf
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EP A iprban Stonnwater Best Management Practices Study RepOli:
http://www,eoa.gov/watersciencc/stormwater/usw c,pdf
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Stormwater Manager's Resource Center Manual Design Examples:
http://www.stonnwatercenter.netl
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DEQ accepted posL-c.:onslruction stormwater management maI1uals.
3. Stormwatel' Conditions During Authorized Activities: The following conditions apply to all
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applicable projects authorized by the RGP: ' --'
'i a. The applicant must provide ,and implement a post-construction stonnwater management
plan consistent with the tiering strategy contained in Activity Specific Condition #2;
and, '
b. All impacts Lo wetlands must be mitigated, including those impacts resulting from
implementation a BMP, consistent with OAR 141-085-0176.
4. Stream and Wetland Restoration-
a. Ineligibility-Any project employing artificial grade controls or water regulation devices
such as concrete structures, dams, stop logs. full spanning weirs, or similar devices
intended to alter natural hydrology is not certified by this 401 WQC.
b. Heavy equipment working in wetlands must be placed on mats, or other measures shall
be taken to minimize disturbances to fragile wetland soils and habitat.
Section 401 Water Quality Certification/or the RGP covering Nationwide categories suspended by
implementation a/SPGP.
Corps No. NWP-2006-137
Pag~ 13 of 15
Enclosure (4)
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a. Project applications must be complete and account,for total impacts at build-out
regardless of construction phasing. Projects may not be phased to avoid exceeding
threshold limitations otO.5 acres of wetland impact or 1,000 cubic yards of material
removal or fill;
b, Projects are ineligible for authorization under the RGP ifindividuallot impacts within
full developments are not accounted for; and
c. Impacts to wetlands and watcrs uflhe Slat" fur a project are additive relative lo the
thresholds tor eligibility.
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8. II Water Control Structures-See Genera) Conditions
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Ifth~ applicant is dissatisfied with the conditions contained in this certification, you may request a
hearing before the Environmental Quality Commission. Such request must be made in writing to the
Dirt~tor DEQ within 20 days ofthe mailing ofthis cedification.
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Section 401 Water Quality Certification for the RGP covering Nationwide categories suspended by
imp!?:mentation of SPGP.
Corps No. NWP-2006-137
Page 15 of 15
Enclosure (4)
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COMPLIANCE CERTIFICATION
u.s. Army Corps of Engineers
Eugene Field Office
1600 Executive Parkway Suite 210
II Eugene, Oregon 97401-2156
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'I 1. Permittee Name: DAVID COREY
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I 2. Corps Permit No: NWP-Z006-137
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II 3. Corps Contact: MICHELE HANSON
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, 4. Proiect Location: MCKENZIE RIVER - MILE 12.5
5. Tvoe of Activitv: RGP CATEGORY C (UTILITY LINES)
Please sie:n and {'eturn form to the address above:
I hJebY certify that the work authorized the above referenced permit has been completed
in a~cordance with the terms and conditions of said permit and that required mitigation is
corripleted in accordance with the pel"mit conditions, except as descl"ibed below.
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SignatUl"e of Permittee
Date
NWP-2006-137
Page 1 of 1
Enclosure (5)