DEPARTMENT OF THE ARMY PERMIT

Permittee: Calapooia Watershed Council P.O. Box 844 Brownsville, Oregon 97327: I 1. Permit No: NWP-2010-576

Issuing Office: U.S. Army Corps ofEngin'eers Eugene Field Office I 1600 Executive Parkway Suite 210 Eugene, Oregon 97401-2156

NOTE: The term "you" and its derivatives as used in this permit means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the U.S. Army Corps of Engineers (Corps) having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer.

You are authorized to perform work in accordance with the terms and conditions specified below.

Project Description: Sodom Dam Removal: The removal of Sodom Dam will be completed by first isolating the work area from clear water, followed by removing the dam. A cofferdam will be constructed immediately downstream of the bifurcation at STA 26+50. A 24-inch culvert will be installed in the cofferdam to allow controlled flow through the cofferdam. The culvert will convey up to 13 cfs through the cofferdam which will also serve as a temporary crossing for equipment to access river-left by way of the existing low water crossing. Streamflow exceeding 13 cfs will backwatered and flow the down the Calapooia River. The cofferdam will be used to regulate streamflow to the work area as well as provide vehicle access within the river-left.

Following flow regulation, the weirs inside of the Sodom Dam fishway on river-left would be removed using a tracked excavator fitted with a hydraulic pick working from the river-left bank. Removing the weirs would down draw the upstream reservoir elevation and reduce static water pressure on the upstream of the dam. The removed concrete will be loaded to dump trucks and hauled to an offsite location. The dump trucks will access river-left by way ofthe existing low water crossing downstream of Sodom Dam or by way of the cofferdam crossing downstream from the bifurcation.

Depending on the resulting reservoir water surface elevation, a bulk bag cofferdam will be built upstream of the dam from the river-right to river-left immediately upstream of Sodom Dam. The cofferdam will route the streamflow into the fishway to provide fish passage and a clear water bypass during the dam removal.

The river-right abutment will be lowered to provide access to the dam apron will also be removed as part of the project. The fishway on river-left will be used for fish passage and clear water bypass during dam deconstruction. The fishway and river-left abutment will also be removed.

Corps No. NWP-2010-576 Page 1 of 11 Bulk bags will be used for constructing the cofferdam immediately upstream of Sodom Dam. Bulk bags are flexible and conform to the irregular shape of the river bottom to seal out water and fish from the isolated area. Each bag is self-contained so there is negligible risk of catastrophic failure of the cofferdam if an individual bulk bag fail. One tier of 15 six-foot by six-foot by four-foot bulk bags will be necessary to divert flow through the fishway. A floating silt curtain will be suspended downstream of the dam to control sediment that may be washed downstream of the Iwork area. Silt curtains can effectively control sediment-laden waters and reduce downstream sedimentation related to in-stream project activities.

A screened six-inch pump will be available for pumping turbid water from the isolation area. Pumped water will be discharged to the adjacent terrace and contained so turbid water does not reenter Sodom Ditch or the Calapooia River. Fish salvage efforts will be completed in the gap between the cofferdam and the top of Sodom Dam and the turbidity curtain and the downstream extent of Sodom Dam.

Once the work area isolation devices are established, the dam apron will be accessed. The river-right concrete abutment will be lowered to one to two feet above the dam's crest elevation. A rock ramp will be built from the lowered river-right abutment down to the concrete apron downstream of the dam face to provide equipment access to the dam. Concrete will be removed using a tracked excavator fitted with a hydraulic pick and a second excavator with a standard thumb and bucket. The hydraulic pick will be used to break up the concrete which will be loaded by the second excavator to 10-wheel dump trucks accessing the concrete apron via the rock ramp. Trucks may also be loaded on the right terrace to minimize traffic on the apron. After the dam spillway is removed, the apron will follow.

Removed concrete will be processed by breaking into three-foot by three-foot smaller chunks. Metal or other debris exposed on the concrete surface will be removed. The broken concrete will be hauled to the Upper Millrace channel upstream from the Shearer Dam where it will be placed to form the base for the Upper Millrace fill plug.

Once the dam is removed to the fishway, the turbidity curtain located downstream of the former dam will be removed and the bulk bag cofferdam upstream from the dam will be incrementally removed beginning on the river-right to allow flow access to the right side of the channel. Boulders will be placed in the bypass channel to provide velocity breaks to ensure fish passage through te former dam site. As the stream will occupy the lower elevation through the regraded former riverlright dam site, the fishway and river-left abutment will be removed under primarily dry conditions. Turbidity mitigation equipment will be deployed to maintain turbid water within the work area. The fishway and river-left abutment material will be out-hauled by using either the low water crossing at the downstream extent of the project area or via the cofferdam located downstream from the Calapooia River-Sodom Ditch bifurcation.

Shearer Dam Removal and Upper Millrace Filling: A bulk bag cofferdam will be built upstream of the dam from the river-left toward the river-right. The existing fish ladder on river-left will be maintained for fish passage and clear water diversion. Due to the archeological site on the river-right floodplain equipment access will be completed only from the river-left. Round 12-inch minus rock will be imported to the site to provide the excavator with a pad to work from. The pad will be placed immediately upstream of the dam on the river-left side of the channel and extend toward river-right. A 36-inch culvert will be used to pass flows. The culvert will have the capacity to convey flows exceeding the 50 cfs maximum discharge expected during the in-water work window. A floating turbidity curtain will be installed downstream of the dam to isolate the work area from clean water.

Corps No. NWP-2010-576 Page 2 of 11 The curtain will be connected to the outlet of the fish ladder on river-left and the streambank on river- right.

Once the main portion of the dam is removed, the turbidity curtain and the bulk bag cofferdam will be removed from river-right to river-left. The river-left fish ladder will be removed from the river-left bank. A bulk bag cofferdam will be placed around fish ladder to isolate the work area. Round rock from construction pad and additional round rock will be imported as necessary to provide a coarse channel bed through the former dam site. Large wood habitat structures will be placed bank to bank of the former dam's footprint on either side of the channel to provide habitat and strearnbanks stability.

The Upper Millrace will be filled starting at the inlet from the Calapooia River. Floating turbidity curtains will be set at the inlet and downstream extent of the active filling area in the Upper Millrace. The downstream curtain will be moved in a downstream direction as the fill plug length expands. Disconnecting the Upper Millrace from the Calapooia River will also reduce the potential for flood debris impacting Thompson's Mills (Mills) as well as diverting fish through the Mills' infrastructure. Flows exceeding the bankfull elevation will access the fill surface and surrounding floodplain. The fill will consist of three layers. The base layer (one to two feet deep) will include broken and cleaned concrete hauled from Sodom Dam and Shearer Dam. The foundation material will mainly be located toward the upstream extent of the fill. This material will provide a sound foundation for the fill at the interface with the Calapooia River. The second layer (two to three feet) will include fill material excavated from the Sodom Ditch. Top soil (one-foot) will comprise the top layer of the fill plug. Salvaged clump transplants, containerized plants, and willow cuttings will be planted will be planted on the fill surface. Large wood habitat structures will be built on the face the fill to stabilize the fill face and enhance aquatic habitat in the Calapooia River. The direct impact of the fill will be beneficial to aquatic habitat due to the lack of maintenance to the connector ditch, trees have fallen into the ditch and vegetation has encroached the channel banks.

Filling the entire Upper Millrace will require 4,000 cubic yards of material that will come from the Sodom Ditch reconstruction (lO-mile haul distance roundtrip). Filling the connector ditch will be one means for disposing of clean excavated material near the Sodom Ditch project area. The excavation volume will exceed the connector ditch fill capacity requiring additional disposal areas.

Sodom Ditch Reconstruction: Sodom Ditch will be rebuilt from the Calapooia River-Sodorn Ditch bifurcation to below the former Sodom Dam location. Channel reconstruction will be necessary to provide fish passage, ensure channel stability, and maintain flow portioning between the Calapooia River and Sodom Ditch. Channel reconstruction will include building three engineered riffles and three pools in the 1,500-foot project reach. Engineered riffles, large wood habitat structures in the channel, and site revegetation plan will be implemented.

The Sodom Ditch reconstruction design included determining how stream flow is portioned between the Calapooia River and Sodom Ditch under existing conditions. Discharge data was collected upstream of the Calapooia River-Sodorn Ditch bifurcation, on the Calapooia River downstream of the bifurcation, and on Sodom Ditch downstream from the bifurcation. Field data suggested that Sodom Ditch captures greater than 80 percent of the discharge at bifurcation. The results were used as guidance for existing condition one-dimensional hydraulic modeling completed in HEC-RAS. The predicted bankfull (l.5 year) discharge for the Sodom Ditch will be used as the design discharge for developing the Sodom Ditch channel dimensions based on the Sodom Ditch capturing approximately 75 percent of the stream flow at the bifurcation.

Corps No. NWP-2010-576 Page 3 of 11 A bankfull slope of a.01a 1 square feet was be used for the design bankfull slope. Riffle and pool channel habitat unit templates were created to convey the predicted bankfull discharge. Channel bed material and habitat structures will be designed to withstand the 1a-year discharge event. Flows greater than the lOvyeardischarge will be contained within the entrenched channel.

Trees will be imported to build large wood habitat structures throughout the Sodom Ditch project area. Habitat structures will be built to provide lateral channel stability and enhance aquatic habitat. Coarse cobble and boulders will be imported to build engineered riffles. Engineered riffles will provide grade control, maintain upstream pools, and diversity aquatic habitat. Salvaged vegetation, containerized plants, and willow cuttings will be planted in the river corridor for riparian enhancement and channel stability.

A 24-inch HDPE pipe will be used to dewater the project reach during construction. The pipe will be located on the river-left side of the channel. The pipe will connect to the 24-inch culvert installed in the upstream cofferdam located downstream from the bifurcation and will outlet downstream of Sodom Dam. This will enable construction to be completed in relatively dry conditions. Downstream fish passage will be maintained via the HDPE pipe. Due the pipe length and in-pipe water velocities, upstream fish passage will not be maintained during the one month channel reconstruction.

Calapooia River Reconstruction: Large wood structures will be installed at the inlet to the Calapooia River channel at the Calapooia River-Sodom Ditch bifurcation. Large wood habitat structures and an engineered channel bed in the Calapooia River inlet will be built to provide a more stable transition into the Calapooia River channel through bifurcation. The intent of the structures will be to control the amount of flow into the Calapooia River channel, maintain channel depths, influence large wood capture, and provide aquatic habitat.

The Calapooia River inlet work area will be accessed via the cofferdam located immediately downstream of the bifurcation. Materials and equipment will be transported across the cofferdam crossing and staged adjacent to the work area on the nearby agricultural field. A ramp will be built from the agricultural field to the channel to enable equipment to move materials and complete the construction work at the Calapooia River inlet. Construction work will include integrating existing large wood with imported large wood to build the habitat structures. The existing inset reed canary grass ground surface will be built-up with wood and gravels to create a bench at the design baneful elevation.

Coarse cobble will be used to build the cobble patch at the inlet to the Calapooia River channel in conjunction with the Sodom Ditch channel design, the cobble patch for the Calapooia River inlet will be set to promote a 50-50 split flows at the bifurcation.

A second large wood habitat structure will be built on river-right of the Calapooia River inlet where the access ramp is located. Similar to the upstream large wood structure, this structure will be installed for streambank protection and aquatic habitat enhancement.

Purpose: To remove impediments to and restore fish passage and aquatic habitat to the Sodom Ditch and the Calapooia River. Address safety issues posed by in-stream structures.

Corps No. NWP-2010-576 Page 4 of 11 Project Location: Sodom Dam: Sodom Ditch is located near Shedd, Linn County, Oregon (Section 27 of Township 13 South, Range 3 West); Shearer Dam: Calapooia River is located near Brownsville, Linn County, Oregon (Section 8 of Township 13 South, Range 3 West).

Drawings: Thirty-seven (37) drawings/maps) (Enclosure 1)

General Conditions:

1. The time limit for completing the work authorized ends on May 31, 2016. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached.

2. Permittee must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition No.4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area.

3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.

4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization.

5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions (Enclosure 2).

6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.

Special Conditions: a. Permittee shall notify the Regulatory Branch with the start date when the activities authorized in waters ofthe United States are scheduled to begin. Notification shall be sent by email to [email protected] or mailed to the following address:

U.S. Army Corps of Engineers Eugene Field Office Permit Compliance, Linn County 1600 Executive Parkway Suite 210 Eugene, Oregon 97401-2156

Corps No. NWP-2010-576 Page 5 of 11 The subject line of the message shall contain the name of the county in which the project is located followed by the Corps of Engineers permit number.

b. All in-water work including temporary fills or structures shall occur within the preferred in-water window of June 1 to October 15 unless coordinated and subsequently approved by the Corps. Other exceptions to these time periods require specific approval from the Corps.

c. Permittee shall revegetate riparian areas disturbed by construction and deconstruction at the project sites. Vegetation shall consist of native, non-invasive herbs, shrubs, and trees. Plantings shall be initiated during the first planting season following completion of the authorized work and shall be completed no later than April 30, 2012. Plantings shall be sufficient in number, spacing, and diversity within the riparian corridor and construction areas to replace affected riparian functions such as nutrient inputs, shading, and erosion and sediment control.

d. Permittee will comply with the "Monitoring and Maintenance Plan Sodom and Shearer Dam Removal" (Plan) proposed by Oregon Parks and Recreation Department dated August 2010 (Enclosure 3). Upon completion of restoration, the site shall be monitored for a period no less than five years to ensure restoration is successful. Monitoring shall begin the first year following full implementation of the (Plan).

e. Permittee shall submit an "as built" report to the Corps at the address shown in Special Condition (a) within 120 days following project completion. The report shall contain the following information:

i. A written description of the deconstruction-related activities with dated and numbered photographs documenting each stage of the dam removal, removal of associated structures, and the completed project. The photographs shall be located on a map of scale that clearly shows their location. Permittee shall reference the photographs in the written description.

ii. A plan-view of the vegetative plantings and a complete and accurate description of vegetative composition and density.

f. The permittee shall implement all terms and conditions of the National Marine Fisheries Service (NMFS) Programmatic Biological and Conference Opinion and Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation for Restoration Actions Funded or Carried out by the NOAA Restoration Center in the Pacific Northwest Using the Damage Assessment, Remediation and Restoration Program (DARRP) and the Community-based Restoration Program (CRP) dated October 22, 2001 (BO) (Enclosure 4). The terms and conditions begin on page 17.

g. Permittee shall comply with all terms and conditions and conservation recommendations in the letter issued by NOAA Restoration Center NW to Calapooia River Watershed and Oregon State Parks and Recreation Department dated February 10,2011 (Enclosure 5).

h. Permittee shall submit a signed certification regarding the completed work and any required mitigation. A "Compliance Certification" is provided (Enclosure 6).

Corps No. NWP-2010-576 Page 6 of 11 i. Permittee shall ensure that the millrace pond, contained in the nominated parcel at Thompson's Mills State Heritage Site, is preserved in its historic configuration and filled with water year-round, for the duration of the permit. Periodic maintenance or construction that may diminish water levels temporarily is acceptable.

j. Permittee will ensure a cultural resource monitor is on-site during deconstruction of the Sodom Dam site to ensure that construction activities do not damage previously unknown or known below-ground cultural sites. The monitor shall be a professional archeologist.

k. Permittee shall prepare Historic American Engineering Record (HAER) documentation for the entire waterworks system, including the National-Register-listed mill property. This documentation shall be coordinated with the National Park Service - Seattle office, and submitted to the Library of Congress, the University of Oregon Knight Library Special Collections, with a copy to State Historic Preservation Office (SHPO). The addresses are listed below:

National Park Service 319 2nd Avenue Seattle, Washington 98104-2618

University of Oregon Knight Library - Special Collections UO Libraries-SPC 1299 University of Oregon Eugene, Oregon 97403-1299

Library of Congress 101 Independence Avenue SE Washington DC 20540-0002

Oregon Parks and Recreation Division State Historic Preservation Office 725 Summer Street Suite C Salem, Oregon 97301-1266

1. Permittee shall file a report with the Federal Energy Regulatory Commission (Commission) within six months of the license surrender demonstrating that the completed documentation is acceptable to the SHPO.

m. Permittee shall work with the Oregon State Parks Department to create an interpretive exhibit for the Thompson's Mills State Heritage Site. The display shall depict and explain the entire waterworks system and its relationship to the operation of the Mill.

n. Permittee shall prepare and submit an implementation plan, including a schedule and commitment to construct the interpretive display, to the SHPO for approval display within six months of the surrender order. Following SHPO approval of the plan and before beginning construction of the display the permittee shall file the documentation of the SHPO's approval with the Commission.

Corps No. NWP-2010-576 Page 7 of 11 o. Permittee shall immediately notify the Corps following the procedures outlined in the Inadvertent Discovery Plan (Enclosure 7), if at any time during the course of the work authorized, human remains or cultural resources are located within the permit area.

p. Permittee shall notify the Mr. Eirik Thorsgard with the Confederated Tribes of Grand Ronde Community of Oregon at the address below at least 72 hours prior to beginning ground- disturbing activities to allow a designated Tribal member or staff person to be present on the site.

Mr. Eirik Thorsgard Confederated Tribes of Grand Ronde Community of Oregon 9615 Grand Ronde Road Grand Ronde, Oregon 97347 (503) 879-1638 Eirik. [email protected]

q. Permittee shall properly dispose of all excess and unused material in a secure upland location. The material shall be placed in a location that prevents the discharge of sediment-laden water into adjacent waterways or wetlands.

r. All practicable erosion control devices shall be installed and maintained in good working order throughout construction to prevent the unauthorized discharge of material into a wetland or tributary and minimize increases in turbidity resulting from the work. The devices shall be installed in a manner to maximize their effectiveness, e.g., sediment fences shall generally be buried or similarly secured. These controls shall be maintained until permanent erosion controls are in-place or no longer necessary.

Further Information:

1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:

( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). (X) Section 404 of the Clean Water Act (33 US.C. 1344). ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 US.c. 1413).

2. Limits of this Authorization:

a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.

b. This permit does not grant any property rights or exclusive privileges.

c. This permit does not authorize any injury to the property or rights of others.

d. This permit does not authorize interference with any existing or proposed Federal project.

Corps No. NWP-2010-576 Page 8 of 11 3. Limits of Federal Liability: In issuing this permit, the Federal Government does not assume any liability for the following:

a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes.

b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf ofthe United States in the public interest.

c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit.

d. Design or construction deficiencies associated with the permitted work.

e. Damage claims associated with any future modification, suspension, or revocation of this permit.

4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided.

5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:

a. You fail to comply with the terms and conditions of this permit.

b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 4 above).

c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.

Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost.

6. Extensions: General Condition No. 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.

Corps No. NWP-2010-576 Page 9 of 11 Your signature below as permittee indicates that you accept and agree to comply with the terms and conditions of this permit.

8~B~~ «lsu» (pERMITTEE SIGNATHREj----- (DATE)

(PRINTED NAME) (TITLE)

This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.

FOR THE COMMANDER, STEVEN R. MILES, P.E. COLONEL, CORPS OF ENGINEERS, DISTRICT COMMANDE .

J(DISRI~ COMMANDER)~ (DATE) I Kevin P. Moynahan Chief, Regulatory Branch

Corps No. NWP-2010-576 Page 10 of 11 When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.

(TRANSFEREE) (DATE)

Corps No. NWP-2010-S76 Page 11 of 11