You May Need to Request a Pre-Application Meeting
with All Pertinent Agencies
A pre-application meeting is recommended at the conceptual
design stage for novel or complex projects needing removal/fill
permits. Time permitting, DEQ will attend to advise applicants
on water quality impact reduction, and to respond to process and
application questions. Agencies to invite may include: US Army
Corps of Engineers; Oregon Department of State Lands; Oregon
DEQ; National Marine Fisheries Service; US Fish and Wildlife
Service; Oregon Department of Fish and Wildlife; Oregon
Department of Land Conservation and Development; Oregon Water
State and federal agencies involved in 404/401 Water Quality
Certification and Removal-Fill Permits have set up a schedule of
regular meetings to assist applicants with large-scale project
permits. These meetings supplement existing pre-application
coordination. The process is intended for non-routine permit
evaluations that may be complex or controversial in nature. The
intent of the meetings is to provide meaningful comment and
feedback to prospective applicants early in the permitting
process, to inform their preparation of a permit application.
Meeting information can be found on the
Pre-Application DSL website.
Submit Joint Permit Application materials to USACE
USACE determines the permit type
(RGP) - DEQ has pre-determined conditions for projects that
fall under most NWP or RGP. Although this is an expedited
process, there may still be conditions for turbidity
monitoring or post construction stormwater management plan
submittal among others.
- Individual Permit - For more than minimal impacts, the USACE publishes a public notice and
an Individual 401 WQC must be obtained from DEQ.
DEQ performs an initial review and assigns a
DEQ conducts a 401 water quality certification
evaluation, which includes a 30-35 day public notice period.
Public comments are evaluated and incorporated into
review and/or decision.
The 401 water quality certification is sent to the USACE
and the applicant.
All projects require submittal of all
of the following types of information:
- Basic Application
- Water Quality Specific
- Project Type Specific
- Mitigation Proposal
- Legal name and address of activity owner or operator
- Legal name and address of owner or operators authorized
- Names and addresses of contiguous property owners
- Description of existing, and proposed activity's water
- Complete written description of activity, including maps,
diagrams and other information
- Names of affected waterways, lakes, or other water bodies
- Land Use Compatibility Statement (LUCS)
Submittal of the
Joint Permit Application directly to DEQ covers the above
Water quality specific information is not typically included in the
Joint Permit Application,
but is required for DEQ to evaluate potential impacts to water quality
and beneficial uses.
- Demonstration that the activity complies with
Clean Water Act provisions (Sections 301, 302, 303, 306 and
Oregon Water Quality Standards
and other state law requirements
- Copies of environmental information submitted to the
federal licensing or permitting agency
- Identification of waterway(s) impacted by the project including
wetlands and tributary streams
- Confirm the status of waterways impacted by the project
- Identification of potential impact to water quality parameters
- Evaluation of potential water quality standard violation or
contribution to violation
- Identification of measures to prevent or mitigate violations
or contributions to violations
Example Project Types and Potential Impacts
Wetlands or Minor In-stream Projects - Along with basic
information, the following may also be required:
Post-Construction Stormwater Management Plan: DEQ's SWMP Guidelines provides a checklist of information that must be
included in a submittal and resources for preparing the information.
Integrated Pest Management: If the proposal involves
widespread application of pesticides, herbicides, or fungicides near
water (e.g. golf course, playing fields, parks) an Integrated Pest
Management plan, which incorporates limitations on banned or
restricted chemicals, is required.
In-Water Work - Along with basic information, the following may also be required:
Evaluation Framework: Protocols for
sediment characterization and chemical analysis has been developed
by a multi-agency workgroup led by the USACE. If material is
unsuitable for placement in-water,
DEQ Solid Waste
make a determination
regarding the material being clean fill or suitable for
or issue a
Solid Waste Letter of Authorization before material can
be disposed in uplands.
- In-Stream Isolation Measures or other Proposed BMPs:
Minimization of impacts to water quality and beneficial uses can
effectively be demonstrated through isolation of work areas from the
If water removed with contaminated sediments will be discharged back
to a waterway, elutriate testing may be required.
A project must be designed first to avoid impacts to waterways and/or wetlands. If impacts are unavoidable, the design must then minimize impacts as much as possible. If impacts are unavoidable, a proposal to mitigate all impacts must be submitted. For water quality review, the mitigation proposal must demonstrate replacement of lost water quality functions.
Sediment Evaluation Framework
Dredged Material Re-Use and Disposal Options Resources
Integrated Pest Management