concurrent external consultations:

DLCD: Coastal Zone Management Act federal consistency review (up to 6 mo. from submission of all Necessary Data & Information to DLCD)*

DEQ: CWA §401 Water

Quality Certification (90 days

- up to 1 year *)

EPA: Concurrence for ocean

disposal (45 days)

SHPO/Tribes: Cultural

resource coordination/ consultation (approx. 30-60 days)

NMFS: ESA consultation for

Biological Opinion (135 days

min., unless programmatic)

USFWS: ESA consultation for

Biological Opinion (135 days

min., unless programmatic)

Concurrent External Reviews:

DSL Corps

* “Up to” dates are as allowed by governing rules or statutes. Actual timeframes may be significantly less than the “up to” date. All timeframes assume submitted information/applications are complete.

Typical Process & Regulatory Timeframes for

Maintenance Dredging and Disposal Projects

Entity determines a need to dredge

Removal Fill

Permit

Process

Land Owner

Approval

Process

Prepare and submit Joint State-

Federal Permit Application

Sediment Sampling & Analysis and

Permits for sediment sampling

Upland disposal may

require wetland

delineation report

review & approval

(approx. 120 days)

Conduct Bathymetric Survey and

develop Dredging Plan

• CWA §404/ RHA §10/ MPRSA §103

Permit and Permission Process

• 33 U.S.C Section 408 Review

State as

Landowner

Permission

Removal Fill

Permit Decision

(up to 90 days*

from complete

application)

CWA §404/RHA §10/

MPRSA §103 Permit

Decision

(typically 30-120

days or more; does

not include external

review times, if

applicable)

Bathymetric Survey

What is It?

Bathymetry is the measurement of the depths of water bodies from the water surface. It’s the marine

equivalent to topography. Bathymetric surveys taken over time assist project managers in

determining the transience of bottom sediments. Bathymetric surveys can also check on the efficiency

of dredging operations and condition of placement sites.

How Do I Start?

Given the specialized equipment involved, a bathymetric surveying firm is typically hired to conduct

this work. In limited cases, bathymetric data may be available from the Oregon State Marine Board.

Bathymetric surveys are generally conducted with a transducer which both transmits a sound pulse

from the water surface (usually attached to a boat) and records that same signal when it bounces

from the bottom of the water body. An echo-sounder attached to the transducer filters and records the

travel time of the pulse. At the same time that the pulse occurs, a Global Positioning System unit can

record the location of the reading. After many of these readings are taken, corrections are made

based on fluctuations in the water surface elevation that may have occurred during the survey. The

individual points are then mapped; easily done in a Geographic Information System.

It is important that the US Army Corps of Engineers (Corps) Regulatory Project Manager (PM) be

contacted prior to surveying to ensure that the appropriate vertical datum is used. This will allow the

Corps to evaluate how the proposed dredging project area relates to the adjacent navigation

channel.

How Long Does It Take?

Conducting the survey may only take one day. Additional time is required to process the results.

How Much Does It Cost?

Cost will vary widely depending on the proximity and availability of surveying firm, and the size and

characteristics of the study area.

More Information

• “Hydrographic Surveying”, Corps’ 30 November 2013 Engineering Manual 1110-2-1003

• NOAA Coastal Services Center

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Dredging Plan

What Is It?

A dredging plan describes the existing and planned contours, area, volumes and depths of the

proposed dredging project and best method(s) for accomplishing the dredging. The plan should take

into consideration the depth and physical and chemical characteristics of the sediment, side slopes,

practicable dredge prism widths and depths, physical and logistical constraints, available dredging

methods and equipment, range of disposal options, and conventional construction practices at similar

dredging projects. While construction-level detail is not required at this point in the process, a realistic

conceptual dredging plan will aid in the delineation of dredged material management units for

purposes of sediment evaluation and dredging operations.

How Do I Start?

The physical geometry and volume of sediments proposed for dredging should be determined from a

pre-sampling bathymetric survey (see the “Bathymetric Survey” section above). The dredging volume

calculation should include side slopes, advanced maintenance/overdredge depths, and sediments

anticipated to slough from under piers and wharves. If a dredging contractor will be used, a dredging

plan should be included within their scope of services.

How Long Does It Take?

Once bathymetry data are available, a dredging plan may be prepared within a few days to few

weeks, depending on site complexities.

How Much Does It Cost?

A dredging plan may be developed in-house or in consultation with a dredging contractor.

More Information

• Chapter 3, 2018 Sediment Evaluation Framework for the Pacific Northwest (SEF)

• EM 1110-2-5025 Dredging and Dredged Material Management

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Sediment Sampling And Analysis

What Is It?

Sediment sampling and analysis is required under Section 404 of the Clean Water Act (CWA) and

Section 103 of the Marine Protection, Research, and Sanctuaries Act. Under these federal laws,

physical, chemical, and biological testing is required to support the aquatic placement or disposal of

dredged material. In Oregon, the aquatic placement of dredged material is evaluated using guidance

found in the 2018 Sediment Evaluation Framework for the Pacific Northwest (SEF).

The interagency Portland Sediment Evaluation Team (PSET) is led by the Corps and U.S.

Environmental Protection Agency (EPA) and includes staff from the National Marine Fisheries

Service (NMFS), U.S. Fish and Wildlife Service (USFWS), Oregon Department of Environmental

Quality (DEQ), and (for projects on the Columbia River) Washington Department of Ecology. The

PSET determines sediment sampling and analysis requirements and suitability of the dredged

materials using the SEF guidance.

How Do I Start?

The process starts by contacting the Corps Regulatory PM for your county and discussing the

project to determine if sediment evaluation may be a factor in agency decision making. If sediment

evaluation is determined to be a factor in agency decision making the Corps may request you

prepare a SEF “Level 1” site history review (See SEF chapter 3.1 to 3.3). Per the SEF Level 1 site

history review the Corps generally requires project-specific information including the dredge area

dimensions; a conceptual dredging plan; and physical, chemical, and biological information about

the project site and surrounding area. The PSET will determine if sediment sampling and analysis

is required based on this initial information submittal. Sampling and analysis may not be required if

existing data are available or if site conditions would preclude the deposition of fine-grained,

potentially contaminated materials (e.g., in areas with strong tidal or river currents) and the site(s)

is/are far removed from potential sources of contamination. The PSET makes the “No Test”

determination per the SEF.

If the PSET determines that sediment sampling and analysis is required, the applicant must

prepare a Sediment Sampling and Analysis Plan (SAP) for the project. Sediment sampling may not

occur until the PSET has approved the applicant’s SAP, the Oregon Department of State Lands

(DSL) Removal-Fill permit has been issued, if applicable, and the Corps has authorized the

sampling activity. Sediment sampling can often be verified by the Corps utilizing Nationwide Permit

(NWP) No. 6 (Survey Activities) after completing the required coordination and consultation to

render a permit verification decision. See section below, “Permits for Collecting Sediment

Samples.” Guidelines for SAP preparation are provided in the SEF Chapter 4.

After implementing the SAP, the applicant will prepare a sediment characterization report (SCR) that

summarizes the sampling activities, any deviations from the SAP, and the laboratory physical,

chemical, and biological data. The PSET reviews the SCR and determines if the dredged material is

suitable for in-water placement. The PSET’s findings are documented in a suitability determination

memorandum (SDM). The SDM provides the suitability of the dredged materials for unconfined

aquatic disposal and exposure of the post-dredge surface for unconfined, aquatic exposure. The

SDM explains the site sediment sampling history, information utilized in the PSET’s determination

and the length of time the sediment characterization is valid for per the SEF. In addition, the SDM

identifies specific conditions intended to be included in a Corps’ permit/verification or other

authorization as they relate to pre- and post-reporting and coordination, bathymetric surveying,

sediment and debris management, and biological observations.

How Long Does It Take? When the Corps’ Regulatory PM determines that all project information is complete, the project

manager will initiate PSET coordination by email. The PSET lead (Corps) will distribute the

information to the PSET members for review. Each step of the PSET review (i.e., No Test

determination, review/approval of the SAP, review of the SCR) takes approximately 30 days. Once

the PSET has concluded its review of a SAP and SCR, the Corps Regulatory PM will receive the

SDM from the PSET documenting the findings of the review.

How Much Does It Cost? Costs potentially include hiring a consultant to compile the site history information; prepare and

implement the SAP (if sampling is required); and interpret and document results in the SCR once

sediment sampling has occurred. Ancillary costs include (but are not limited to): securing a contract

vessel (to deploy the sediment sampling equipment), sediment sample shipping, and contract

laboratory analyses. There is no fee for review by the PSET.

More Information • U.S. Army Corps of Engineers Portland District dredged material management

• 2018 SEF Guidance

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Permits for Collecting Sediment Samples

What Is It?

Sediment sampling in estuaries requires a Removal-Fill permit from the Oregon Department of State

Lands (DSL). If DSL is the owner of the bed at the proposed sampling site, then DSL permission as

the land owner will also be required. To assist the ports, DSL has combined these two processes into

one application and one expedited approval: General Authorization for Minimal Disturbance & Short

Term Access Agreement.

Sediment sampling may also require approval from the Corps. Sediment sampling can often be

verified by the Corps utilizing Nationwide Permit (NWP) No. 6 (Survey Activities) after completing

the required coordination and consultation to render a permit verification decision.

How Do I Start?

Submit applications for Short Term Access Agreement and General Authorization for Minimal

Disturbance to DSL.

Submit Pre-Construction Notification (PCN) for NWP No. 6 using ENG Form 4345, NWP PCN

From 6082 or the Joint Permit Application Form to the Corps.

How Long Does It Take?

It is recommended that the DSL application and Corps PCN be submitted at least 30 days in

advance of the scheduled sampling activity.

How Much Does It Cost?

There is no application fee for either DSL or Corps approval for these actions. The Oregon Department

of Environmental Quality may charge a fee for the sampling activity pursuant to Section 401 of the

Clean Water Act if applicable.

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Wetland Delineation Report

What Is It?

A wetland delineation is a study that determines if wetlands are present on a site, and if so, what the

boundaries of the wetlands are. A wetland delineation report is typically prepared by a professional

wetland consultant and the report is submitted to the Department of State Lands (DSL) and US Army

Corps of Engineers (Corps) for review and approval. A wetland delineation report may be required

when dredged materials are proposed to be disposed of above the high water elevation of the

waterway. If wetlands will be filled by the proposed disposal of dredged sediment, then

compensatory mitigation will be required as part of the permitting process to replace the lost wetland

area.

How Do I Start?

If you are proposing to dispose of dredged material above the high water line of the waterway, it is

recommended that you submit a Wetland and Waters Determination Request Form to DSL. DSL will

assess the site to determine if a wetland delineation report will be required. If a report is required, the

process is initiated by hiring a professional wetland consultant with delineation experience.

How Long Does It Take?

Depending on consultant availability and site complexity, the wetland delineation report may require

one to two months for a consultant to prepare. DSL will review the report within 120 days of submittal.

How Much Does It Cost?

Consulting fees will vary widely depending on disposal site size, complexity and availability of the

consultant. A minimum cost of $6,000 should be expected.

DSL charges a fee for reviewing wetland delineation reports. The fee changes annually. The 2021

fee is $475.

More Information

• Wetland Delineation Fact Sheet

• DSL Jurisdiction Coordinator Contact Information

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Removal-Fill Permit

What Is It?

Under the Oregon Removal-Fill Law (ORS 196.800 - 196.990), removal, filling, or alteration of 50

cubic yards or more of material within the bed or banks of the waters of this state, or any amount

within waters designated Essential Salmonid Habitat (includes all major estuaries in Oregon) or State

Scenic Waterways, requires a permit from the Department of State Lands (DSL). Waters of this state

include the Pacific Ocean, rivers, lakes, most ponds and wetlands, and other natural water bodies.

The Removal-Fill Permit is the approval issued by DSL.

How Do I Start?

The Removal-Fill Permit process is started by completing and submitting the Joint Permit Application

Form. Depending on project complexity and the availability of in-house staff, a port may require

professional consulting services and/or the dredging contractor to assist in preparing the application.

How Long Does It Take?

State law and administrative rule dictate the timeline for Removal-Fill Permit processing, which varies based on the type of permit required and complexity of the project, but may take up to 120 days.

How Much Does It Cost?

The Removal-Fill Permit application fee will vary depending on the amount of material to be dredged,

whether or not material will be placed back into other waters of this state, and whether the applicant

will be the port or a private contractor. The DSL website states current application fees, which range

based on activity and volume.

Professional consulting service fees may also apply.

More Information

• Joint Permit Application Form Fee schedule

• DSL Removal-Fill Webpage Removal-fill Guide

• DSL Aquatic Resource Coordinator Contact Information

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DSL Land Owner Approval Process

What Is It?

The Department of State Lands (DSL) manages the state’s ownership of most submerged and

submersible lands under the territorial sea (i.e., ocean-ward to the three mile limit), tidally influenced

waters, 12 declared navigable waterways, and a number of lakes in the state.

Use of state-owned submerged and submersible lands, including maintenance dredging and in-water

disposal of sediments, requires permission from DSL as the representative land owner. This

permission, most commonly in the form of a Sand and Gravel License, is distinct from the Removal-

Fill Permit also administered by DSL.

How do I Start?

As soon as the dredging footprint and disposal method are defined, you should contact the DSL

Proprietary Coordinator serving your area. The coordinator will inform you whether DSL has an

ownership interest in the dredging site and/or any proposed in-water disposal site. If yes, then a

Sand and Gravel License will likely be required.

How Long Does It Take?

The Sand and Gravel License process typically requires up to 120 days from the time a complete application is received.

How Much Does It Cost?

An application fee of $750 is required for a sand and gravel license when dredging on state-owned

land. Royalty payments may be required if state-owned material is deposited in uplands and then

sold or used as an article of commerce.

More Information

• DSL Waterway Authorizations Webpage

• Sand & Gravel: Application to Remove Material (for Sand and Gravel License)

• Proprietary Coordinator Contact Information

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Corps Permit Application Evaluation

What Is It?

There are three primary laws under which the Corps regulates activities impacting waters of the U.S.:

Rivers and Harbors Act of 1899 (RHA); Clean Water Act (CWA); and Marine Protection, Research,

and Sanctuaries Act (MPRSA).

Section 10 of the RHA of 1899

Section 10 of the RHA authorizes the Corps to regulate work in or affecting navigable

waters. Examples of activities typically undertaken by an applicant that require Section 10

authorization include dredging/disposal, construction or maintenance of docks, bulkheads,

dolphins, marinas, ramps, overhanging decks, buoys, boat lifts, intake structures, outfall

pipes.

Section 404 of the CWA

Section 404 authorizes the Corps to regulate the discharge of material into waters of the

United States. Examples of activities typically undertaken by an applicant that require

Section 404 authorization include: discharges associated with the construction of fill pads;

grading or mechanized land clearing; construction of revetments, groins, breakwaters,

beach enhancement, jetties, levees, dams, dikes, and weirs; placement of riprap and road

fills; and bank and stream channel stabilization.

Section 103 of the MPRSA

Section 103 MPRSA regulates the transportation of dredged material for the purpose

of dumping it in ocean waters.

How Do I Start?

The Corps permit evaluation process starts with the submittal of a complete application package in

the form of the Joint Permit Application form (JPA)Corps engineering form, or a Pre-Construction

Notification form (PCN). The Corps will use the application information to determine what

combination of the three regulatory authorities will apply to your project. Your local Corps Project

Manager (PM) can help you determine which application package to use. If you need assistance or

have questions, contact the Corps Regulatory PM for your county. Note: While the Department of

State Lands (DSL) and Corps use a JPA form, each agency issues a separate authorization.

Corps regulations provide for two types of evaluation: 1) general permits for activities that have no

more than minimal individual and cumulative adverse environmental effects; and 2) individual permits

for activities that have more than minimal individual and/or cumulative adverse environmental effects.

General Permits

General Permits are issued nationwide or regionally. There are two types of general permits

currently utilized within the Corps’ Portland District area of responsibility: Nationwide Permits (NWP)

and Regional General Permits (RGP). For survey activities, NWP No. 6 is discussed in the “Permits

for Collecting Sediment Samples” section above. For some proposed dredging and disposal projects

the Corps may have the ability to utilize NWP No. 35 (Maintenance Dredging of Existing Basins) and

NWP No. 16 (Return Water From Upland Contained Disposal Sites) to authorize maintenance

dredging and disposal of existing basins and access channels where upland disposal of dredged

material is proposed. Contact your Corps Regulatory PM to determine if your dredging project can

qualify for either of these NWPs.

RGP’s are developed by Corps Districts for specific activities or specific geographical regions. The

Corps’ Portland District currently maintains one RGP for maintenance dredging and disposal

activities; RGP No. 9 (Maintenance Activities along the South Coast of Oregon). RGP No. 9 was

authorized on July 25, 2017 and expires on July 25, 2022. Activities authorized by RGP No. 9 that

are under construction or under contract for construction in reliance on RGP No. 9 remain

authorized provided the activity is completed prior to July 25, 2023, 12 months following the

expiration of RGP No. 9.

Activities authorized by General Permits typically require submittal of a PCN to the Corps. The work

must conform to all of the terms and conditions listed in the General Permit, Regional conditions if

applicable, and requirements of other federal laws such as the Endangered Species Act (ESA) and

the National Historic Preservation Act (NHPA). The use of general permits offers a streamlined

permitting process due to a completed National Environmental Policy Act (NEPA) evaluation process.

However, general permits are typically limited in length (5 years) and, as such, may not offer the level

of security and flexibility an Individual Permit can authorize for maintenance dredging/disposal (up to

10 years).

Individual Permits

Individual permits are evaluated and processed through the public interest review procedures. Once

the Corps has received a complete application they will issue a project-specific 30-day public notice.

The notice is circulated to federal, state and local agencies, elected officials and adjoining property

owners. Copies of the notice are e-mailed to anyone requesting to be placed on the Corps’ mailing

list. At the close of the comment period, the Corps summarizes the responses and provides the

applicant with an opportunity to address substantive issues raised during the public comment period

or through the Corps evaluation.

In addition to evaluating projects under the Corps regulatory authorities, the Corps must ensure

permit decisions comply with all applicable federal laws including: 33 U.S.C. Section 408; NEPA;

ESA; Magnuson-Stevens Act – Essential Fish Habitat (EFH); NHPA; CWA Section 401; Coastal Zone

Management Act (CZMA); Wild and Scenic Rivers Act (WSRA); and the Fish and Wildlife

Coordination Act (FWCA). Compliance with these laws may require the Corps to consult with one or

more of the following agencies during processing of the federal permit application:

• National Marine Fisheries Service (ESA, EFH and FWCA)

• U.S. Fish and Wildlife Service (ESA and FWCA)

• Federally recognized Native American Indian Tribes (NHPA, Corps’ Tribal Trust Responsibility)

• State Historic Preservation Office (NHPA)

• Department of Land Conservation and Development (CZMA)

• U.S. Forest Service (WSRA)

• U.S. Bureau of Land Management; U.S. Forest Service (WSRA)

In most cases these reviews, coordination and consultations conducted concurrently with the permit

evaluation process. These consultations may, however, extend the Corps permit application

evaluation and decision timeline. Applicants may be asked to provide additional information to

support these reviews.

In addition, where multiple agencies are involved in licensing, permitting or funding a non-federal

activity, the Corps may not be considered the lead federal agency for purposes of NEPA, ESA/EFH or

NHPA compliance. The Corps will coordinate with the non-federal applicant and lead federal agency

to be engaged in coordination and consultations processes where applicable, and to document

compliance once coordination and consultation processes are complete.

How Long Does It Take?

The Corps’ regulations provide a 120-day evaluation timeframe for standard individual permits and a

60-day review period for NWP’s. The review starts once a complete application or PCN package has

been received. These timeframes do not include any required external agency consultations (e.g.,

ESA/EFH, NHPA, CZMA, CWA 401 Water Quality Certification (WQC)).

How Much Does It Cost?

Fees are required for permits under Section 404 of the CWA, Section 103 of the MPRSA, and Sections

9 and 10 of the RHA. A fee of $100.00 will be charged when the planned or ultimate purpose of the

project is commercial or industrial in nature and is in support of operations that charge for the

production, distribution or sale of goods or services. A $10.00 fee will be charged for permit applications

when the proposed work is non-commercial in nature and would provide personal benefits that have no

connection with a commercial enterprise. In general, no permit fees are charged to governmental

agencies.

More Information

• Portland District Regulatory Branch Webpage

• Portland District Regulatory Branch Project Manager Contact Information

Laws:

• CWA • MPRSA • RHA

• ESA • NEPA • Magnuson-Stevens Act (EFH)

Regulations:

• 33 CFR §320-334

• CWA, 40 CFR §230

• MPRSA, 40 CFR §227

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33 U.S.C. Section 408 Review

What Is It?

33 U.S.C Section 408 (Section 408) is recognized as Section 14 of the Rivers and Harbors Act of 1899

(RHA). The Section 408 review is the process that grants permission to alter a federally authorized

Corps’ Civil Works project provided the proposed project is not injurious to the public interest and will

not impair the usefulness of the federally authorized project. Examples of federally authorized Corps’

Civil Works projects include, but are not limited to levees, dams and the federal navigation channel.

How Do I Start?

To determine if your project needs a Section 408 review, you should follow the instructions at this

webpage. The process involves submitting project details to the Corps’ Section 408 email inbox and

coordinating directly with Corps’ Section 408 staff. If an application is submitted to the Corps

Regulatory Branch and is located at or near a Corps’ Civil Works project, if you have not initiated the

Section 408 review process, Corps’ Regulatory staff will likely initiate the Section 408 review process

for you. If both a Regulatory permit and Section 408 permission are required, the Regulatory permit

cannot be issued, before or without, the Section 408 permission or the Corps’ determination there

would be no effect to the Corps’ Civil Works project.

How Long Does It Take?

The timeline for a Section 408 review is dependent on multiple factors including evaluation of the

project in light of the Corps’ public interest determination and impairment tests referenced above,

where applicable. Where the project does not alter a Corps’ Civil Works project, the Corps strives to

provide written responses to the requestor within 30-60 days following internal coordination. If the

project would require Section 408 permission prior to project implementation, the Section 408 review

timeline is extended.

How Much Does It Cost?

The cost for a Section 408 review is dependent on available funding and whether or not the proposed

project requires Section 408 permission. If Section 408 permission is required prior to project

implementation, the Corps may need to establish a funding agreement with the non-federal applicant to

review the project pursuant to Section 214 of the Water Resources Development Act.

More Information

• Corps' Headquarters Section 408 Webpage

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ESA/EFH Consultation

What Is It?

Actions that may adversely affect ESA-listed species or their habitats (threatened, endangered, or

proposed) are regulated pursuant to the ESA and require a consultation with the USFWS and/or

the NMFS. Actions that adversely affect EFH for species complexes such as Pacific Coast salmon,

Pacific Coast groundfish, Coastal Pelagic species, or Highly Migratory species require consultation

with NMFS pursuant to the Magnuson-Stevens Fishery Conservation and Management Act.

Actions that may impact federally managed marine species (such as fish and marine mammals),

also require a consultation with NMFS pursuant to the Marine Mammal Protection Act.

How Do I Start?

Programmatic consultation:

The use of programmatic biological opinions (BO) is encouraged by the Corps. Programmatic BO’s

streamline the consultation process by providing transparent consultation requirements and

expedited review timeframes. Where programmatic BO’s options are not available for ESA/EFH

consultation, individual formal or informal consultation is often required prior to the Corps authorizing

an activity. The Corps maintains multiple programmatic BO’s with both NMFS and USFWS. In

general, where use of a programmatic BO is an option an applicant is not required to submit a

biological evaluation (BE) or biological assessment (BA) to the Corps to aid in the ESA/EFH

consultation process.

The most expeditious use of a programmatic BO is to contact the Corps’ Regulatory PM for your

county to discuss if the use of a programmatic BO is an option for your proposed dredging/disposal

project. If the use of a programmatic BO is an option, the Corps will seek to confirm you will adhere

to the applicable proposed design criteria (PDC) of the programmatic BO prior to notifying the

USFWS or NMFS of the project. Applicants are encouraged to pre-identify which PDC’s may apply

to the project and would be adhered to when submitting an application for the project.

If a programmatic BO cannot be used:

Individual consultation:

The initial phase of individual informal or formal consultation is the preparation of a BE/BA to detail

the species and habitat in the area where the proposed action will occur. The BE/BA includes

detailed information about affected species and habitats, the proposed actions and their potential

effects, and how effects on these species and habitats would be avoided or mitigated.

While a BE/BA is required for listed species, it should also include species that have been proposed

for listed status under the ESA. This is because if a proposed species were to be reclassified as

“listed” while work was in progress, permitting for the project would have to be reinitiated with either

USFWS or NMFS. Including proposed species in the consultation protects the project against such

delays.

On the basis of this BE/BA and the Corps’ request for ESA/EFH consultation, the USFWS and/or

NMFS will issue a Letter of Concurrence (LOC), the outcome of informal consultation, or an

individual BO, the outcome of formal consultation. An individual BO generally specifies whether, and

under what conditions, the proposed actions can take place and provides the Corps and applicant an

incidental take exemption for the species and habitat consulted upon.

The BE/BA may be prepared by the applicant or a professional consultant hired by the applicant.

How Long Does It Take?

The minimum timeframe for consultation with NMFS and/or USFWS is 30-135 days.

How Much Does It Cost?

Professional consultant time if the applicant chooses to be responsible for preparing the BE/BA.

There is no fee for NMFS and USFWS consultations.

More Information

• ESA Section 7 Consultations with NMFS

• EFH Consultations with NMFS

• ESA Section 7 Consultations with USFWS

• Marine Mammal Protection Act Incidental Take Authorization

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Cultural Resources Consultations

What Is It?

Section 106 of the National Historic Preservation Act (NHPA) requires Federal agencies to take into

account the effects of the Federal undertakings (any project, activity, program funded in part or whole

by a Federal agency, to include those requiring a federal permit, license or approval) on historic

properties. A historic property is defined as any archaeological site, building, structure, or object

included in or eligible for inclusion on the National Register of Historic Places. The goal is to identify

historic properties potentially affected by the undertaking. Consulting parties include the Advisory

Council on Historic Preservation (ACHP), federal recognized Native American Indian Tribes, the Tribal

Historic Preservation Officer if on tribal lands, and the State Historic Preservation Officer (SHPO).

Tribal Consultation

Section 106 of the NHPA and the ACHP’s regulations require Federal agencies to consult with

federally recognized Native American Indian Tribes when they attach religious and cultural

significance to a historic property regardless of the location of that property. The circumstances of

history may have resulted in an Indian tribe now being located a great distance from its ancestral

homelands and places of importance. It is also important to note that while an Indian tribe may not

have visited a historic property in the recent past, its importance to the tribe or its significance as a

historic property of religious and cultural significance may not have diminished for purposes of NHPA

compliance.

SHPO Consultation

The Corps consults with the SHPO during the federal Clean Water Act (CWA) Section 404/ Rivers

and Harbors Act of 1899 (RHA) Section 10 permitting process and Section 408 review to ensure

compliance with Section 106 of the NHPA.

Applicants may have additional responsibilities under Oregon Revises Statutes (ORS) that apply to

historic properties, archaeological resources, and Native American burial sites.

ORS 358.653 is a state law that requires state agencies and political subdivisions of the state (public

entities) to protect publicly owned historic properties and consult with the SHPO, to, whenever

possible, avoid and minimize negative impacts to historic properties as a result of project actions.

The statute focuses primarily on historic buildings and structures, but includes all real property of

historic significance, these include, but are not limited to irrigation canals, railways, parks, and

monuments. Entities should consult with the SHPO and are encouraged to coordinate with the local

municipalities planning department that the historic property is within.

ORS 358.905-358.961, Archaeological Objects and Sites defines archeological sites, significance,

and cultural patrimony. The ORS also provides prohibitions that include sale and exchange of

cultural items, damage to archaeological sites on public and private lands. The ORS also protects

cultural patrimony items (artifacts) associated with human remains on all lands unless activity is

authorized under an Oregon State archaeological excavation permit (ORS 390.235). Significant

archaeological sites are protected on both non-federal public lands and private lands. The process

for conducting an archaeological excavation or removal of artifacts from a site is defined in state law

and a person may not knowingly or intentionally excavate, injure, destroy or alter an archaeological

site without an approved permit. Further protection is afforded to Native American graves and

associated patrimony items under ORS 97.740-97.760 Indian Graves and Protected Objects.

Entities should consult with the SHPO on all planned activities and is encouraged to coordinate

with applicable Native American Indian Tribes.

How Do I Start?

The Corps will start the process when they receive a complete application or Pre-Construction

Notification (PCN) for the CWA Section 404/RHA Section 10 permit and Section 408 review. A

complete application is required to start the Section 408 review process. If the lead federal agency,

the Corps will submit notice to SHPO and Tribal Governments.

How Long Does It Take?

The Federal agency is responsible for gathering relevant data about a project to adequately provide a

good faith investigation into identifying the presence and or/impacts to historic properties. Once

adequate information has been reviewed, the Federal agency is required to consult with consulting

parties. Per 36 CFR Part 800 - Protection of Historic Properties, Native American Indian Tribes and

SHPO are allotted 30 days once the lead federal agency initiates consultation on an application.

Depending on the project and any concerns that may arise during consultation, this could include

multiple periods of consultation until concurrence with an effects determination is achieved, or as

appropriate, a Memorandum of Agreement is finalized.

How Much Does It Cost?

There are no fees for these consultations. However, you may need to retain professional consulting firm

services to evaluate above-ground or below-ground historic properties as part of the Corps’ NHPA

Section 106 evaluation process. This due diligence is conducted prior to SHPO and Tribal consultation.

More Information

• Corps’ Tribal Policy Principles

• Oregon SHPO

• ACHP

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EPA Review & Letter of Concurrence for Ocean Disposal

What Is It?

In 1972, Congress enacted the Marine Protection, Research, and Sanctuaries Act (MPRSA), also

known as the Ocean Dumping Act, to prohibit the ocean dumping of material that would unreasonably

degrade or endanger human health or the marine environment. US Army Corps of Engineers (Corps)

permits for ocean dumping of dredged material are subject to US Environmental Protection Agency

(EPA) review and concurrence. EPA manages ocean dumping sites including regulating the times,

quantity, and characteristics of material dumped at the site, and establishing disposal controls,

conditions, and requirements to avoid or minimize potential impacts to the marine environment.

How Do I Start?

Dredged materials proposed for ocean disposal must undergo a series of tests and evaluations to

determine whether they meet EPA's environmental criteria for ocean dumping. The testing and

evaluation procedures are designed to protect against toxicity and bioaccumulation that may

adversely impact the marine environment or human health, and to produce information about the

potential for these effects efficiently and reliably. These tests and evaluations occur as part of the

Sediment Sampling and Analysis step.

How Long Does It Take?

When a dredging application is submitted to the Corps that includes a proposal to use a designated

ocean disposal site, the Corps will prepare a submittal to the EPA that evaluates whether the material

meets EPA’s ocean dumping criteria. The Corps evaluates the project following Section 103 of the

Marine Protection, Research, and Sanctuaries Act and provides EPA the necessary information

described in 40 CFR 225.2 to ensure the disposal would comply with EPA’s ocean dumping criteria.

EPA then conducts their review, which can range from 45 to 90 days. The Corps will issue a MPRSA

Section 103 permit when there is enough information to make a scientifically sound determination that

the ocean dumping will not unreasonably degrade human health or the environment.

How Much Does It Cost?

There is no fee for this EPA review and concurrence.

More Information

• Ocean Dumping Fact Sheet

• EPA Ocean Disposal Map

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DEQ CWA Section 401 Water Quality Certification (WQC)

What Is It?

As part of processing the federal permit for dredging and disposal of dredged material, you must

receive a certification from the Oregon DEQ, Washington Department of Ecology, U.S. EPA,

Confederated Tribes of the Umatilla Indian Reservation, Confederated Tribes of the Warm Springs

Reservation of Oregon, or the Confederated Tribes of the Lower Umpqua, Coos and Siuslaw

Indians where applicable, proposed project will meet State water quality standards. This

certification is accomplished via the CWA Section 401 WWQC. In Oregon, CWA Section 401

WQC’s are processed and issued by the DEQ. Under Section 401 of the CWA, a federal agency,

such as the Corps, may not issue a permission, permit or license to conduct any activity that may

result in any discharge into waters of the U.S. unless a certifying authority issues a CWA Section

401 WQC verifying compliance with existing water quality requirements, the certifying authority

waives the certification requirement, or the federal agency determines the certification requirement

has been waived.

How Do I Start?

The regulations at 40 CFR Part 121.4 require the project proponent (i.e., permit applicant) to

request a pre-filing meeting with the certifying authority at least 30 days prior to submitting a

request for CWA Section 401 WQC. The pre-filing meeting is similar to a “pre-application” meeting,

but the certifying authority is not obligated to grant or respond to the pre-filing meeting request. The

U.S. EPA’s Final Rule issued on June 1, 2020 does not set a limit on how early a project proponent

may submit a pre-filing meeting request, but it must be at least 30 days prior to submitting a request

for CWA Section 401 WQC. For projects that include the discharge of dredged or fill material,

permit applicants should complete the pre-filing meeting request requirement before submitting an

application to the Corps for a Department of the Army (DA) permit.

The regulations at 40 CFR Part 121.5 list the information that must be included to request an

individual water quality certification as follows:

1) Identify the project proponent(s) and a point of contact;

2) Identify the proposed project;

3) Identify the applicable federal license or permit (i.e., the Department of the Army permit);

4) Identify the location and nature of any potential discharge that may result from the proposed

project and the location of receiving waters;

5) Include a description of any methods and means proposed to monitor the discharge and the

equipment or measures planned to treat, control, or manage the discharge;

6) Include a list of all other federal, interstate, tribal, state, territorial, or local agency

authorizations required for the proposed project, including all approvals or denials already

received;

7) Include documentation that a pre-filing meeting request was submitted to the certifying

authority at least 30 days prior to submitting the certification request; 8) Contain the following

statement: “The project proponent hereby certifies that all information contained herein is true,

accurate, and complete to the best of my knowledge and belief”; and

8) Contain the following statement: “The project proponent hereby certifies that all information

contained herein is true, accurate, and complete to the best of my knowledge and belief.”; and

9) Contain the following statement: “The project proponent hereby requests that the certifying

authority review and take action on this CWA 401 certification request within the applicable

reasonable period of time.”

Please note, the list above requires some information that is not currently included in the JPA form

and you will need to provide that additional information. Submitting only the JPA will not result in a

valid request for CWA Section 401 WQC. During the review process, DEQ may request additional

information to determine compliance with state laws. The agencies are reviewing revision to the

JPA to meet the content requirement for a CWA Section 401 WQC request. The Corps will

determine the reasonable period of time for the certifying authority to take action on the certification

request after submittal of a valid request.

The regulations at 40 CFR Part 121.5 requires the project proponent to submit the request for CWA Section 401 WQC to the certifying authority and to the Federal permitting or licensing agency concurrently. For activities that include a discharge of dredged or fill material, project proponents should submit their permit application for a DA permit and their CWA Section 401 WQC request to the Corps at the same time. For activities that include a discharge of dredged or fill material, project proponents should not submit their permit application or PCN to the Corps before completing the pre-filing meeting request requirement.

How Long Does It Take?

As discussed above, the Corps cannot issue a permit or license to conduct any activity that may

result in any discharge into waters of the U.S. unless a certifying authority issues a CWA Section 401

WQC verifying compliance with existing water quality requirements, the certifying authority waives

the certification requirement, or the federal agency determines the certification requirement has been

waived. The CWA and Oregon Administrative Rules require that DEQ complete a Certification

decision within one year. However, actual review time will vary based on the complexity of the

project, the quality of the information provided, significance of water quality concerns raised during

the public process, and the responsiveness of the applicant. The Oregon DEQ typically delivers a

CWA Section 401 WQC decision prior to the Corps’ permit decision. The Oregon DEQ’s CWA

Section 401 WQC review can range from 90 days to one year upon receipt of a valid request for a

CWA Section 401 WQC from the project proponent.

How Much Does It Cost?

DEQ has a four tier fee structure for processing 401 Certifications.

More Information

401 Program Webpage

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DLCD Coastal Zone Management Act Federal Consistency Review

What Is It?

The federal Coastal Zone Management Act requires that any federal action (e.g., a permit proposed

to be issued by the US Army Corps of Engineers) occurring in or outside of Oregon's coastal zone

which affects coastal land, water uses or natural resources must be consistent with Oregon’s

federally-approved coastal management program.

Dredging projects will require a certification from the applicant (certification is built into the Joint

Permit Application form), followed by the Department of Land Conservation and Development (DLCD)

concurrence that the project is consistent with the Oregon Coastal Management Program (OCMP).

To be consistent with the program, proposed activities must comply with the statewide planning

goals, city and county comprehensive plans and land use regulations, and various state agency

authorities (e.g., the Oregon Territorial Sea Plan, the Removal-Fill Law, water quality standards, the

Oregon Beach Bill). DLCD is the lead agency for the Oregon Coastal Management Program and will

make the final consistency determination.

How Do I Start?

Applicants should start by signing the Coastal Zone Certification (Block 12) on the Joint Permit

Application, and ensure that a local planning official has completed the City/County Planning

Department Land Use Affidavit (Block 11 of the Joint Permit Application). Based on the type of

federal permit the Corps determines the project needs, a federal consistency review may be required.

In general, the following federal permit types require DLCD review:

1) Individual Permits

a. Letters of Permission

b. Standard Individual Permits

2) A subset of Nationwide Permits

a. See the OCMP website for the list of specific Nationwide Permits and scenarios that

require federal consistency review.

If a federal consistency review is necessary, the Corps will forward your Joint Permit Application to

DLCD. Once DLCD receives the Joint Permit Application with a signed Coastal Zone Certification

(Block 12), DLCD will contact the applicant with a Standard Advisory Letter requesting the Necessary

Data and Information (NDI) required to initiate review. Although the Corps traditionally forwards a

Joint Permit Application to DLCD to aid in the initiation of the federal consistency review, it is the

applicants’ responsibility to assure that all federal consistency materials are submitted and review

takes place. Applicants are encouraged to reach out to DLCD early in the federal permit application

process to streamline the federal consistency review.

How Long Does It Take?

Federal regulations specify that DLCD must concur with, or object to, an applicant’s complete

consistency certification within six months, unless DLCD and the applicant agree to a longer review

period. Because of the networked nature of the Oregon Coastal Management Program, an applicant

must receive all necessary local and state permits before DLCD will complete the federal

consistency review and concur that the project is consistent with the Oregon Coastal Management

Program. Once an applicant has received all necessary local and state permits, DLCD can usually

complete the review in a matter of weeks.

How Much Does It Cost?

There is no fee for this review and determination.

More Information

Oregon Coastal Zone Management Program Webpage Resources

• Federal Consistency Explained

• Federal Consistency Guidance for Federal Permit Applicants

• Necessary Data and Information (NDI) Requirements

• Enforceable Policies – standards that proposed projects must be consistent with

Regulatory Resources

• Oregon Administrative Rule Chapter 660 Division 35 - Federal Consistency

• Code of Federal Regulations – Federal Consistency Review of Federal Permits/Licenses

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