From: Andy Peters
Sent: Fri May 28 16:56:51 2021
To: Ryan Hepler; Gerald Fisher; Adam Shultz
Subject: FW: Emergency Authorization: Intake Structure Clearing
Importance: Normal
Okay, we have our emergency permit. I put in a work order for us to start work Wednesday next week.
Andy
From: DEBLASI Michael * DSL <Michael.DEBLASI@dsl.state.or.us>
Sent: Friday, May 28, 2021 4:44 PM
To: Andy Peters <apeters@cityofmolalla.com>
Cc: Fraley, Robert H NWP <Robert.H.Fraley@usace.army.mil>; WALCZAK Ben <Ben.Walczak@state.or.us>
Subject: Emergency Authorization: Intake Structure Clearing
Mr. Peters,
This email is an authorization for emergency purposes only.
Your request to remove river rock from a drinking water intake and placement of rock below the Ordinary High water elevation of the Molalla River, an Essential Salmonid Habitat waterway, has been approved as an emergency authorization under ORS 196.810(4). This authorization expires 60 days from the date of issuance.
While DSL is giving you an preliminary approval, we still require that you submit an complete application for Emergency Authorization within 2 weeks of today’s date.
In the performance of the emergency work by you and/or contractors, the following conditions shall be followed:
1. Ben Walczak, (971) 673-6013, shall be contacted prior to the start of work.
2. The amount of material to be removed and filled shall not exceed the minimum necessary to alleviate the emergency circumstances. However, up to 60 cubic yards of material are authorized for removal and placement as needed. Placement is to be below OHW, unless a reason to not place the rock there arises.
3. Turbidity increases shall be kept to a minimum.
4. Any equipment below the Ordinary High Water (OHW) elevation shall be inspected for fluid leaks prior to entry and fueled outside of any waters. Spill containment devices shall be adjacent to the work area.
5. The route and methods used to access the work site shall minimize damage and disturbance to the streambank, stream channel and riparian area. Any removed or otherwise destroyed riparian vegetation shall be replaced with native riparian vegetation at an appropriate time to ensure survival.
6. Inspection of the work may occur by the Department of State Lands and/or Department of Fish and Wildlife or other appropriate agency following the emergency, and project refinements may be required by the Department such as:
a. Measures, as appropriate, to protect waters of the state.
7. If any archaeological resources, artifacts or human remains are encountered during construction, all construction activity must immediately cease. The State Historic Preservation Office must be contacted at 503-986-0674. You may be contacted by a Tribal representative if it is determined by an affected Tribe that the project could affect Tribal cultural or archeological resources.
8. The Department of State Lands retains the authority to temporarily halt or modify the project in case of excessive turbidity or damage to natural resources.
9. This permit does not authorize trespass on the lands of others. The permit holder shall obtain all necessary access permits or rights-of-way before entering lands owned by another.
10. Permittee shall 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.
11. This authorization permits only the work described in the application. Any additional work may require a permit from the Department of State Lands.
Please be aware that you must also receive authorization, when required, from the U.S. Army Corps of Engineers (USACE) before beginning construction.
Thank you,
Michael De Blasi
Aquatic Resources Coordinator
Clackamas & Yamhill Counties
Oregon Department of State Lands
775 Summer St NE, Suite 100
Salem, Ore 97303
503.986.5226
http://www.oregon.gov/DSL/Pages/index.aspx
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