I forgot to ask how much material will be moved from the intake and placed within the river. Can you get me that along with the ODFW contact information before COB today?
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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From: DEBLASI Michael * DSL
Sent: Friday, May 28, 2021 10:39 AM
To: Andy Peters <apeters@cityofmolalla.com>
Cc: Water Treatment Plant Distribution List <water@cityofmolalla.com>; City Shops Distribution List <shops@cityofmolalla.com>; Gerald Fisher <gfisher@cityofmolalla.com>; Fraley, Robert H NWP <Robert.H.Fraley@usace.army.mil>
Subject: RE: Intake Structure Clearing
Andy,
I am sorry for the delayed reply. I’ve had some field work and other applications this week that have kept me busy.
I’ll answer your question about forms first. The IWWP variance form is for DSL and the Corps when both agencies have issued a permit. The Emergency Authorization form is just for DSL. I would guess that the Corps has their own form for emergencies.
Thank you for this information. There is one thing you did not include in the Emergency Authorization application and your latest email. Based on the Lat/Long you provided in the Emergency Authorization application, the Molalla River is mapped Essential Salmonid Habitat. Waterways that are mapped ESH have a 0 cubic yard threshold for removal and fill per DSL Rules. I’m not sure why Anita interpreted the rules so that this was exempt but the 0 cubic yard threshold for ESH has been “on the books” since before my time with DSL. We recently had a meeting about revising the GA (see below), which might include increasing the volume limitations. But it was clear from our conversation that this type of work is not exempt in an ESH waterway.
DSL has the General Authorization for Certain Minimal Disturbance Activities within ESH, which allows for no more than four cubic yards at any individual site and cumulatively not more than 10 cubic yards for the entire project. If your project can not fit under that limitation, then it would require an Individual Permit. The volume amounts include moving material within a waterway; not just removing material completely from or bringing in material to a jurisdictional waterway or wetland.
As I said in our phone call, for now we can use the Emergency Authorization since you’ve stated that the intake may be unusable because of the low flows this year. But in the future, you have the option of using either the GA or IP, depending upon the amount of material that you have to move.
I will be getting the Emergency Authorization letter out today but within the next 2 weeks, I will need you to send in the following information:
1. project location map,
2. drawings showing proposed work plan,
3. description of proposed work plan, including any spill containment measures, turbidity control measures and “disposal” location for the rock.
I will also need to know if and when you’ve contacted the ODFW fish biologist and what their response was. I only saw the OPRD block signed and I can’t make out who that person is because the name was not printed.
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
Confidentiality Notice: The information contained in this e-mail is intended only for the recipient(s) to whom it is addressed.
Its contents, including any attachments, may contain confidential and/or privileged information.
If you are not an intended recipient you must not use, disclose, disseminate, copy or print its contents.
If you receive this e-mail in error, please notify the sender by reply e-mail and delete and destroy the message.
From: Andy Peters <apeters@cityofmolalla.com>
Sent: Friday, May 28, 2021 9:57 AM
To: DEBLASI Michael * DSL <Michael.DEBLASI@dsl.state.or.us>; Michael.DeBlasi@state.or.us
Cc: Water Treatment Plant Distribution List <water@cityofmolalla.com>; City Shops Distribution List <shops@cityofmolalla.com>; Gerald Fisher <gfisher@cityofmolalla.com>
Subject: RE: Intake Structure Clearing
Michael, hope you are having a good week! Any word on this permit?
Thanks!
Andy
From: Andy Peters
Sent: Monday, May 24, 2021 9:17 AM
To: 'DEBLASI Michael * DSL' <Michael.DEBLASI@dsl.state.or.us>; Michael.DeBlasi@state.or.us
Cc: Water Treatment Plant Distribution List <water@cityofmolalla.com>; City Shops Distribution List <shops@cityofmolalla.com>; Gerald Fisher <gfisher@cityofmolalla.com>
Subject: RE: Intake Structure Clearing
Michael, thanks for the conversation Friday on the phone. I reviewed the OARs and Removal Fill Guide this weekend and here is what I think. Good news is, rain in the forecast for this week allows for delay on our end while we all figure this out. In any case, please let us know if there will be any issues with us going in the River later this week or early next week. The City of Molalla is committed to understanding and helping State Agencies complete their missions.
- 1. The proposed Removal-Fill activity (which includes the movement of rocks within the stream-bed by OAR definition as you pointed out) is located in a jurisdictional water of the State.
- 2. The Molalla River is a designated Scenic Waterway by OAR 736-040-0110 only from the Table Rock Wilderness Area to Pine Creek. The worksite is downstream, and therefore not in a Scenic Waterway.
- 3. The Activity will move less than 50 cubic yards of material, therefore a permit is not required, and the City has documented correspondence with Anita Huffman showing this as the interpretation by DSL in the past, though Molalla understands if the situation has changed – we just need to know.
- 4. However, because this year’s work is outside the In-water-work window, the US Army Corps still needs to review and approve a permit.
- 5. Since the US Army Corps and Oregon DSL use a joint application (but issue separate permits) the City is submitting this emergency permit this year. Should the City be sending this form to TWO agencies? Or is it all coordinated through DSL?