DEQ Permit Template - Department of Environmental Quality

Public Notice
By: Jane Doe
DEQ requests comments on a
proposed Section 401 Water Quality
Certification for Port Orford’s Raw
Water Impoundment Water Intake
Structure Maintenance Dredging
Operation and Maintenance
DEQ invites the public to submit written
comments pertaining to concerns about water
quality impacts which may result from this
proposed project.
You can review the application in its entirety at
the Western Region DEQ office in Eugene. For
a review appointment, contact Mindi English at 541-686-7763.
DEQ’s role:
The Oregon Department of Environmental
Quality is the regulatory agency that helps
protect and preserve Oregon’s environment.
DEQ is responsible for protecting and enhancing
Oregon’s water and air quality, for cleaning up
spills and releases of hazardous materials, and
for managing the proper disposal of hazardous
and solid wastes. One way that DEQ protects
Oregon’s water quality is by issuing Section 401
certifications. Section 401 of the Federal Clean
Water Act requires Federal agencies to obtain a
water quality certification from the State if their
proposed activity may result in a discharge to
surface waters. The certification states that the
discharge will comply with applicable sections
of the Clean Water Act.
Applicant
The City of Port Orford
555 W. 20th Street
P.O. Box 310
Port Orford, OR 97465
Attn: Michael Murphy
Office: 541-332-3681
Written Comments Due:
5 p.m., Thursday, July 17, 2014.
How do I participate?
To submit your comments for the public record,
send them by mail, fax or email:
401 Public Comments
Oregon Department of Environmental Quality
2020 SW Fourth Ave., Suite 400
Portland, OR 97201
Fax:
503-229-6957
Email: [email protected]
Where can I get more information?
The draft 401 Water Quality Certification is
Attached below this notice for your review and
comment. These documents will be finalized in
consideration of all comments received.
What is proposed?
Location
The project is located on North Fork Hubbard
Creek at River Mile 1, in the City of Port Orford,
Curry County, Oregon (Section 4, T33S/R15W).
Summary
The City of Port Orford proposes to remove 25
cubic yards of sediment per year in an
approximately 250 feet long by 150 feet wide
area and up to 9 feet deep from their drinking
water reservoir using a hydraulic dredge. The
City will be installing silt fencing and hay bales
to control sediment releases; dewatering
sediment on site, and disposing sediment upland
to a settling pond.
Northwest Region
Water Quality Division
2020 SW Fourth Ave.,
Suite 400
Portland, OR 97201
Phone:
503-229-6030
800-452-4011
Fax:
503-229-6957
Contact: Sara Christensen
www.oregon.gov/DEQ
DEQ is a leader in
restoring, maintaining and
enhancing the quality of
Oregon’s air, land and
water.
DEQ provides documents
electronically whenever
possible in order to
conserve resources and
reduce costs.
If you received a hard copy
of this notice, please
consider receiving updates
via e-mail instead. Send
your request to:
[email protected].
us
Please include your full
name and mailing address
so that we can remove you
from our print mailing list.
What legal requirements apply?
• Federal Clean Water Act
• Oregon Revised Statutes (ORS) 468B
• Division 48 gives DEQ the authority to
issue certification
• Oregon Administrative Rules (OAR)
Chapter340
What happens next?
DEQ may hold a public meeting on the proposal,
if warranted per OAR 340-048-0027. DEQ will
review and consider all comments received
during the public comment period and public
Last Updated: 04/07/14
By: Sara Christensen
meeting. Following this review, the certification
may be issued as proposed, modified, or denied.
You will be notified of DEQ's final decision if
you present written comments during the
comment period or provide oral comments at a
public meeting.
Otherwise, if you would like to receive
notification, please call or write DEQ at the
above address.
Accessibility information
DEQ is committed to accommodating people
with disabilities. Please notify DEQ of any
special physical or language accommodations or
if you need information in large print, Braille or
another format. To make these arrangements,
call503-229-5696 or toll free in Oregon at 800452-4011; fax to 503-229-6762; or email
[email protected].
People with hearing impairments may call 711.
DEQ
Department of Environmental Quality
John A. Kitzhaber, MD, Governor
Western Region Eugene Office
165 East 7th Avenue, Suite 100
Eugene, OR 97401
(541) 686-7838
FAX (541) 686-7551
TTY 711
June 12, 2014
Mr. Michael Murphy
City Administrator
City of Port Orford
P.O. Box 310
Port Orford, OR 97465
RE: Draft 1997-00463-1 401 Water Quality Certification for City of Port Orford Maintenance
Dredging, Port Orford, Curry County, Oregon
Dear Mr. Murphy:
The Department of Environmental Quality (DEQ) has reviewed the U.S. Army Corps of Engineers Permit
(USACE) Application NWP-1997-00463-1, received by DEQ on May 22, 2014. The applicant, the City
of Port Orford, proposes maintenance dredging to remove sediment from Port Orford’s Raw Water
impoundment water intake structure. The project is located on North Fork Hubbard Creek at River Mile 1,
in the City of Port Orford, Curry County, Oregon (Section 4, T33S/R15W).
This project was originally certified on March 11, 2008, and has been allowed to expire. The City of Port
Orford is reapplying for certification.
Project Description: Project elements include: removing up to 25 cubic yards of material annually in
an area approximately 250 feet long, 150 feet wide and up to 9 feet deep from the drinking water reservoir
using a hydraulic dredge; installing silt fencing and hay bales to control sediment releases; dewatering
sediment on site, and disposing sediment upland to a settling pond.
Status of Affected Water of the State: The North Fork Hubbard Creek is a tributary to Hubbard Creek.
Hubbard Creek is classified as water quality limited for the parameters of Flow Modification and Habitat
Modification.
The above listed parameters impair the following beneficial uses in Hubbard Creek: resident fish and
aquatic life, salmonid fish rearing and spawning, and anadromous fish passage.
Based on the application materials, DEQ is reasonably assured that implementation of the Project will be
consistent with applicable provisions of Section 301, 302, 303, 306, and 307 of the federal Clean Water
Act, state water quality standards set forth in OAR Chapter 340 Division 41, and other appropriate
requirements of state law, provided the following conditions are incorporated into the USACE permit and
strictly adhered to by the applicant.
401 CERTIFICATION CONDITIONS
1) Duration of Certification: This 401 WQC is valid until expiration of the current USACE permit
(NWP#1997-00463-1). A new 401 WQC must be obtained prior to any substantial modification
of the USACE permit.
2) Fish protection/Oregon Department of Fish and Wildlife timing: In-water work is allowed
only between July 1 and November 30.
3) Aquatic life movements: Any activity that may substantially disrupt the movement of those
species of aquatic life indigenous to the water body, including those species that normally migrate
through the area, is prohibited. Unobstructed fish passage must be provided at all times during
any authorized activity. Exceptions must be reviewed and approved in writing in advance by
ODFW and the NMFS.
4) Turbidity: All practical Best Management Practices (BMPs) on disturbed banks and within
waters must be implemented to minimize turbidity during in-water work. Any activity that
causes turbidity to exceed 10% above natural turbidities is prohibited except as specifically
provided below.
a. Monitoring: Visual turbidity monitoring must be conducted and recorded as described
below. Monitoring must occur each day during daylight hours when in-water work is
being conducted. Visual gauging is acceptable, however turbidity that is visible over
background is considered an exceedance of the standard.
i. Representative Background Point: a sample or observation must be taken every
two hours at a relatively undisturbed area approximately 100 feet upcurrent from
in-water disturbance to establish background turbidity levels for each monitoring
cycle. Background turbiditiy, location, date, and time must be recorded prior to
monitoring downcurrent.
ii. Compliance Point: Visual monitoring must occur every two hours, at the dredge
site and approximately 300 feet downcurrent from the disturbance, at
approximately mid-depth and within any visible plume, and be compared against
the background measurement or observation. The turbidity, location, date, and
time must be recorded for each sample or observation.
b. Compliance: Results from the compliance points must be compared to the background
levels taken during each monitoring interval. Exceedances are allowed as follows:
VISUAL MONITORING
No plume observed
Plume observed
Continue to monitor every 2 hours
Modify BMPs & continue to monitor
every 4 hours
Continue to monitor every 2 hours
Stop work after 4 hours with an
observed plume
A visible plume is considered an exceedance.
c. If an exceedance over the background level occurs at any time, the applicant must modify
the activity and continue to monitor every two hours. If an exceedance over the
background level continues after the second monitoring interval, the activity must
stop. If, however, turbidity levels return to background at or after second monitoring
level due to implementation of BMPs or natural attenuation, work may continue with
appropriate monitoring as above.
d. Reporting: The applicant must make available copies of daily logs for turbidity
monitoring to DEQ, NMFS, USFWS, and ODFW upon request. The log must include:
calibration documentation (if using an instrument); background NTUs or observation;
compliance point NTUs or observation’ comparison of the points in NTUs or narrative;
and location; date; time; and tidal stage (if applicable) for each reading. Additionally, a
narrative must be prepared discussing all exceedances with subsequent monitoring,
actions taken, and the effectiveness of the actions.
5) Dredging and disposal methods:
a. Suitable for Unconfined In-Water Disposal
i. Dredging method (e.g., backhoe operated from bank, toothed clamshell
bucket, close-lipped clamshell bucket, hydraulic suction) is not limited,
except as outlined in the application.
ii. Dewatering during dredging (e.g., over water from bucket; through filtered
outlets or after settling in a tank, bin, barge, pond, etc.) is not limited.
iii. Dredged material disposal method (e.g., unconfined in-water, upland reuse,
confined upland disposal facility, landfill) not limited. DEQ clean fill
determination or Solid Waste Letter of Authorization is required for any
manner of upland disposal.
iv. Discharge of return water (e.g., controlled release from confined upland
disposal facility after settling) is not limited.
v. Leave surface management (e.g., over or under dredge to clean material,
overdredge and cap, cap) is not required.
b. Complete containment of in-water work areas from the active flowing stream by using
silt curtains, cofferdams, inflatable bags, geo blocks, sandbags, sheet pilings or similar
materials, is encouraged. The applicant is referred to Appendix D of DEQ’s Oregon
Sediment and Erosion Control Manual, April 2005, for isolation techniques
(www.deq.state.or.us/wq/stormwater/docs/escmanual/appxd/pdf).
c. Floating containment and absorbance booms must be maintained on site throughout
implementation of the project and deployed in the event that any sheen or floating debris
is detected during project operations.
d. Employ techniques to minimize sediment disturbance and distribution through the water
column.
i. Sequence or phase work activities to minimize the extent and duration of inwater disturbances;
ii. Employ an experienced equipment operator;
iii. Implement bucket control techniques, such as:
1. Position the barge as close to the dredge as possible to minimize decant
water and sediment returning to the water;
2. Do not overfill the bucket;
3. Close the bucket as slowly as possible on the bottom;
4. Pause before hoisting the bucket off of the bottom to allow any overage
to settle near the bottom;
5. Hoist load very slowly;
6. Move the bucket quickly to the barge to avoid decant water from being
discharged to surface waters;
7. "Slam" open the bucket after material is dumped on a barge to dislodge
any additional material that is potentially clinging to the bucket;
8. Ensure that all material has dumped into the barge from the bucket
before returning for another bite; and
9. Do not dump partial or full buckets of material back into the wetted
stream.
e. Dredging of holes or sumps below maximum depth and subsequent redistribution of
sediment by dredging, dragging, or other means is prohibited.
6) If the dredging operation causes a water quality problem which results in distressed or dying fish,
the operator shall immediately: cease operations; take appropriate corrective measures to prevent
further environmental damage; collect fish specimens and water samples; and notify DEQ,
ODFW, NMFS, and USACE within 24 hours of the incident.
7) Spill Prevention:
a. Best management practices (BMPs) shall be employed in order to prevent petroleum
products, chemicals, or other deleterious waste materials from entering waters of the
State.
b. Fuel hoses, oil drums, oil or fuel transfer valves and fittings, etc., must undergo frequent
inspection for drips or leaks, and shall be maintained in order to prevent spills into State
waters.
c. An adequate supply of spill response materials, such as booms and absorbent materials
shall be kept at the immediate project site and deployed as necessary.
d. The applicant must remove all foreign materials, refuse, and waste from the area and
dispose of them properly.
8) Spill and Incident Reporting:
a. In the event that petroleum products, chemicals, or any other deleterious materials are
discharged into state waters, or onto land with a potential to enter state waters, the
discharge must be promptly reported to the Oregon Emergency Response Service (OERS,
1-800-452-0311). Containment and cleanup must begin immediately and be completed
as soon as possible.
b. If the project operations cause a water quality problem that results in distressed or dying
fish, the operator must immediately: cease operations; take appropriate corrective
measures to prevent further environmental damage; collect fish specimens and water
samples, and notify DEQ, ODFW and other appropriate regulatory agencies.
9) The applicant must notify DEQ of any change in ownership and obtain DEQ review and approval
before undertaking any change to the project that might affect water quality.
10) DEQ may modify or revoke this 401 WQC, in accordance with OAR 340-048-0050, in the event
of project changes or new information indicating that the project activities are having an adverse
impact on state water quality or beneficial uses.
11) A copy of this 401 WQC letter shall be kept on site and readily available for reference by the
applicant and its contractors, DEQ, and other appropriate state and local government inspectors.
12) This 401 WQC is invalid if the project is operated in a manner not consistent with the project
description contained in the permit application materials.
13) The applicant and its contractors must allow DEQ site access at reasonable times as necessary to
monitor compliance with these 401 WQC conditions.
If the applicant is dissatisfied with the conditions contained in this certification, a contested case hearing
may be requested in accordance with OAR 340-048-0045. Such request must be made in writing to the
DEQ Office of Compliance and Enforcement at 811 SW 6th Avenue, Portland Oregon 97204 within 20
days of the mailing of this certification.
The DEQ hereby certifies this project in accordance with the Clean Water Act and state rules, with the
above conditions. If you have any questions, please contact Mindi English at
[email protected], by phone at 541 686-7763, or by mail at the address on this letterhead.
Sincerely,
Steve Mrazik
Water Quality Manager
Northwest Region
Cc:
Tyler Krug, USACE – North Bend
Bob Lobdell, DSL
Juna Hickner, DLCD
Jim Muck, NOAA

Download Report