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