Section 9401

Northwest Area Contingency Plan Permit Summary Table Section 9401 Northwest Area Contingency Plan Permit Summary Table

Waiver? Equivalent Additional Application Permit Name Agency Operation Purpose of Permit Standard? Timing? Information Form FEDERAL PERMITS Work on Structures in U.S. Army Corps of Projects in, over, or Maintains and protects navigation in U.S. waters. Authorized under Nationwide Permit # 20 allows JARPA*: Navigable Waters, Section 10 Engineers under U.S. navigable Section 10 of the Rivers & Harbors Act. Any project that creates an the Federal On-Scene http://www.epermitt permits waters obstruction or alteration in, over, or under navigable U.S. waters. Coordinator (FOSC) to ing.wa.gov/site/alias Includes construction and maintenance of piers, pilings, wharfs, and conduct work without this __resourcecenter/jar bulkheads. permit. pa_jarpa_form/9984 /jarpa_form.aspx

Section 404 Permit U.S. Army Corps of Discharge of dredge or If you plan to discharge dredged or fill material into the waters of the Also may need CZMA, JARPA (see above) Engineers fill material into U.S. United States, including wetlands. National Historic Preservation waters Act, Endangered Species Act, Tribal Trust Issues, and National Environmental Policy Act.

Nationwide Permit # 20 allows FOSC to conduct work without this permit.

Resource Conservation and Environmental Generation, All waste must be manifested, labeled, and transported safely to a None Recovery Act Protection Agency transportation or facility that is in compliance with EPA regulations (EPA) / 40 CFR 260- disposal of hazardous 279 waste

Consultation on Cultural Department of the Federal projects that Federal agencies must "take into account" the effect a project may have Resources, Section 106 of the Interior (DOI) effect historic on historic properties. It allows interested parties an opportunity to National Historic Preservation properties comment on the potential impact projects may have on significant https://www.achp.g Act archaeological or historic sites. The main purpose for the establishment ov/protecting- of the Section 106 review process is to minimize potential harm and historic-properties damage to historic properties.

Change 21 January 1, 2020 Waiver? Equivalent Additional Application Permit Name Agency Operation Purpose of Permit Standard? Timing? Information Form FEDERAL PERMITS (continued) Lane Closure Permit Department of Transportation (DOT) Access to Lands Managed by DOI DOI Migratory Bird Treaty Act DOI-FWS Rehabilitation of Authorization to take, transport and temporarily possess sick, injured, http://www.fws.gov/ http://www.fws.gov/ (MBTA) Rehabilitation Permit migratory birds and orphaned migratory birds with the goal of releasing them back to forms/3-200-10b.pdf forms/3-200-10b.pdf the wild. MBTA Rehabilitation Permit DOI-FWS Rehabilitation of oiled MBTA Rehabilitation Permit requires permit holder to obtain specific http://www.fws.gov/ http://www.fws.gov/ Incident Specific Authorization migratory birds authorization from FOSC and FWS to work on each oil spill incident. forms/3-200-10b.pdf forms/3-200-10b.pdf

MBTA Rehabilitation Permit DOI-FWS Recover dead oiled Spill specific authorization is required to remove dead oiled birds at each http://www.fws.gov/ http://www.fws.gov/ Incident Specific Authorization birds oil spill incident. forms/3-200-10b.pdf forms/3-200-10b.pdf

MBTA Special Purpose Salvage DOI-FWS Research/scientific Authorization to possess or collect dead migratory birds, nests, eggs and http://www.fws.gov/ http://www.fws.gov/ study or education parts from the wild that you had no part in the killing or death thereof, forms/3-200-10a.pdf forms/3-200-10a.pdf for wildlife conservation education purposes. MBTA Scientific Collecting DOI-FWS Research or scientific Authorization to collect, transport or possess migratory birds, their http://www.fws.gov/ http://www.fws.gov/ Permit study parts, nests, or eggs for scientific research or educational purposes. forms/3-200-7.pdf forms/3-200-7.pdf

Eagle Scientific DOI-FWS Research or collection If you are researching or collecting eagles you need an Eagle Scientific http://www.gpo.gov http://www.fws.gov/ Collecting/Research Permit of eagles Collecting Permit. Issued to researchers affiliated with public museums, /fdsys/pkg/FR-2012- forms/3-200-7.pdf scientific institutions, or zoological parks for scientific purposes. 04-13/pdf/2012- 8086.pdf

National Park Special Use DOI-NPS Special activities taking Required for activities that provide a benefit to an individual, group, or Permits vary for Purpose place within a National organization, rather than the public at large and for activities that different activities Park require some degree of management by the National Park Service in and within different order to protect park resources and the public interest. parks Marine Mammal Protection Act National Marine "Take" of marine The MMPA generally prohibits "take" of marine mammals in U.S. waters https://www.fisherie https://apps.nmfs.no (MMPA) Permits Fisheries Service mammals by any person and by U.S. citizens in international waters. NOAA s.noaa.gov/topic/ma aa.gov/ (NMFS) - Office of Fisheries can authorize take for the following activities: Scientific rine-mammal- Protected Resources research, enhancing the survival or recovery of a marine mammal protection species or stock, commercial and educational photography, first-time import for public display, capture of wild marine mammals for public display, incidental take during commercial fishing operations, and incidental take during non-fishery commercial activities.

Change 21 January 1, 2020 Waiver? Equivalent Additional Application Permit Name Agency Operation Purpose of Permit Standard? Timing? Information Form FEDERAL PERMITS (continued) NMFS Endangered Species Act NMFS - Office of "Take" of an Required for any activity resulting in the "take" of an endangered or https://www.fisherie https://apps.nmfs.no Permits Protected Resources endangered or threatened species, whether or not deliberate. Two types: Permits for s.noaa.gov/topic/end aa.gov/ threatened species scientific research or to enhance the propagation and survival of the angered-species- species, and Permits for taking species incidental to (not the purpose of) conservation an otherwise lawful activity. The latter must be accompanied by a Conservation Plan (CP), often referred to as a Habitat Conservation Plan (HCP). TRIBAL PERMITS Makah Employment Rights MECRA office Work performed on In order to perform work on reservation land, fee must be paid to https://faaco.faa.gov https://faaco.faa.gov Makah reservation MECRA /index.cfm/announc /index.cfm/announc land ement/view/8527 ement/view/8527

OREGON STATE PERMITS Hydraulic permit Oregon Department Work that affects the In water work that uses, diverts, obstructs, or changes the natural flow Permits may be expedited or http://www.oregon. of State Lands natural flow or bed of or bed of any fresh water or saltwater of the state exempted in cases where gov/DSL/WW/Pages/ state waters there is a public health or Permits.aspx safety risk. Wildlife Rehabilitation Holding Oregon Department Rehabilitation of A wildlife rehabilitator permit authorizes a person to temporarily http://licenseinfo.or Permit of Fish and Wildlife wildlife possess injured, diseased oiled, or abandoned wildlife for rehabilitation egon.gov/?fuseactio purposes. Persons possessing a Rehabilitation Holding Permit must also n=license_icon&link_ obtain a federal permit for species protected by federal law. item_id=14358

Archaeological Excavation Oregon State Excavation of Excavating, altering, defacing, or removing archaeological objects or 503-986-0674 or 971-322- http://cms.oregon.g http://cms.oregon.g Permit' Historic archaeological objects resources or Native Indian graves, cairns or glyptic records. 5975 ov/oprd/HCD/ARCH/ ov/oprd/HCD/ARCH/ Preservation Office pages/arch_excavati docs/archaeology_ex onperms.aspx cavation_permit.rtf

Section 106 Review Department of Projects involving The Department of Archaeology and Historic Preservation (DAHP) and http://cms.oregon.g http://cms.oregon.g Archaeology & historic or affected tribes must be consulted when projects are subject to review ov/OPRD/HCD/SHPO ov/oprd/HCD/SHPO/ Historic archaeological under Section 106 of the National Historic Preservation Act of 1966 /Pages/preservation pages/preservation_ Preservation resources (NHPA). _106_fedstatelaws.a 106_submittoshpo.a spx spx

401 Water Quality Certification Oregon Department Activities that may Allows each state an opportunity to ensure that federally approved http://www.oregon. http://www.oregon. of Environmental result in discharge to activities will meet water quality standards and policies. Any federal gov/deq/wq/wqper gov/dsl/WW/Pages/ Quality (DEQ) U.S. waters license or permit to conduct an activity that may result in a discharge to mits/Pages/Section- WWforms.aspx waters of the United States must first receive a water quality 401- certification from the state in which the activity will occur. Certification.aspx

Change 21 January 1, 2020 Waiver? Equivalent Additional Application Permit Name Agency Operation Purpose of Permit Standard? Timing? Information Form OREGON STATE PERMITS (continued) NPDES Discharge Permit for DEQ Discharge of To prevent the pollution of the States surface waters. Any discharge of May be waived during http://www.oregon. http://www.oregon. state facilities wastewater into wastewater into surface waters through a conveyance system requires emergencies, cannot be gov/deq/wq/wqper gov/deq/wq/wqper surface waters this permit. expedited. mits/Pages/Stormwa mits/Pages/Stormwa ter.aspx ter.aspx Coastal Zone Certification Department of Land Federally-approved Projects requiring a federal license or permit within this area must be http://licenseinfo.or (CZMA) Conservation and activities affecting consistent with the enforceable policies of the coastal management egon.gov/?fuseactio Development coastal resources program. n=license_icon&link_ item_id=26433 Special Burn Permit DEQ Air Quality Special burning 800-452-0311 Duty Officer or activities regional air permit coordinator Water Supply Well Constructor Oregon Water Construction/Alteratio Any person who constructs, alters, converts or abandons a water supply http://licenseinfo.or License Resources n of wells well for another person. egon.gov/index.cfm? Department (WRD) fuseaction=license_s eng&link_item_id=14 121

Water Use Permit WRD Use of a water system Authorization from the department necessary to begin constructing a After obtaining a water use water system and begin using water. Activities requiring this permit permit and constructing and https://www.oregon. include most appropriations and beneficial uses of surface water or using water, some gov/owrd/WRDPubli ground water, for example, wetland restoration, stream restoration, landowners are eligible to cations1/aquabook.p water diversions, dams and impoundments. obtain a water right df certificate.

Wetlands Permit Oregon Department Permits may be expedited or http://www.oregon. of State Lands exempted in cases where gov/dsl/WW/Pages/ there is a public health or WWforms.aspx safety risk. Waste water permits State On-Scene Coordinator (SOSC) to notify the water quality manager of the appropriate region Solid Waste Letter DEQ Use of a proposed or If the Department determines that a proposed or existing disposal site is The SWLA may be issued for a http://www.oregon. Authorization existing disposal site not likely to create a public nuisance, health hazard, air or water period not to exceed six gov/deq/mm/swper pollution or other environmental problem. months. mits/Pages/Solid- Waste-Letter- Authorization.aspx

Change 21 January 1, 2020 Waiver? Equivalent Additional Application Permit Name Agency Operation Purpose of Permit Standard? Timing? Information Form OREGON STATE PERMITS (continued) Asbestos-Air Quality DEQ Removal or Regulates asbestos abatement activities. This notification is to be used http://www.oregon. http://www.oregon. (Removal/Encapsulation encapsulation of for the removal or encapsulation of friable asbestos-containing gov/deq/Hazards- gov/deq/Hazards- Notification Form) asbestos-containing materials. Other notification forms exist for non-friable asbestos and- and- material projects. Cleanup/Pages/Asbe Cleanup/Pages/Asbe stos-for- stos-Forms.aspx Businesses.aspx

EPA Generator ID Number (for DEQ Regulation of All persons who generate, transport, treat, store, or dispose of http://www.oregon. http://www.oregon. RCRA compliance) hazardous waste hazardous waste and all persons who store recyclable materials prior to gov/deq/Hazards- gov/deq/FilterDocs/S recycling them are required under the Resource Conservation and and- IFormHazWasteAct.p Recovery Act (RCRA) to notify EPA of their hazardous waste activities. Cleanup/hw/Pages/I df The Oregon DEQ is authorized by the federal EPA to regulate hazardous D-Reporting- waste in Oregon. The site identification number is required for facilities Fees.aspx notifying the DEQ of their hazardous waste, universal waste or used oil activities. Permit for Oversize Vehicle Oregon Department Use of To move oversize and overweight loads on the state's highway systems, http://www.oregon. http://www.oregon. of Transportation oversize/overweight protecting the motoring public and the state highway infrastructure. gov/odot/mct/pages gov/ODOT/MCT/Pag (ODOT) vehicles /over- es/Over- dimension.aspx#Per Dimension.aspx mit_Service___Agent s Decanting Permits SOSC to notify the water quality manager of the appropriate region Sediment Disturbance Permits IDAHO STATE PERMITS 401 Water Quality Certification Idaho Department Activities that may Allows each state to have input into federally approved projects that http://www.deq.idah of Environmental result in discharge to may affect its waters (rivers, streams, lakes, and wetlands) and to o.gov/water- Quality (DEQ) U.S. waters ensure the projects will comply with state water quality standards and quality/surface- any other water quality requirements of state law. Any §401 water/standards/401- certification in Idaho also ensures that the project will not adversely certification.aspx impact impaired waters (waters that do not meet water quality standards) and that the project complies with applicable water quality improvement plans (Total Maximum DAily Loads [TMDLs]).

Water Right Permit Idaho Department Use of a water system To appropriate the public waters of the State of Idaho. A water right is http://www.idwr.ida https://www.idwr.id of Water Resources authorization to use water in a prescribed manner, not to own the water ho.gov/water-rights/ aho.gov/files/water- itself. rights/application-for- permit.pdf

Change 21 January 1, 2020 Waiver? Equivalent Additional Application Permit Name Agency Operation Purpose of Permit Standard? Timing? Information Form WASHINGTON STATE PERMITS State Environmental Policy Act guidance provided Proposed projects that Washington State Environmental Protection Act (SEPA) requires that JARPA (see above) (SEPA) by WDOE; reviewed impact the state and local agencies review proposals to identify environmental by a state or local environment impacts. Agency permits and approvals can be conditioned or denied to agency that is mitigate or avoid the impacts identified in SEPA documents. designated as the "SEPA lead agency"

Hydraulic Project Approval Washington Work that affects the Protects fish and shellfish and their habitats. Projects that use, divert, Emergency: verbal request, Emergency: verbal (HPA) Department of Fish natural flow or bed of obstruct, or change the natural flow or bed of salt or fresh state waters. SEPA and JARPA not required request and Wildlife state waters In case of Federal lead (WDFW) Emergency Permits can be issued for those situations that present an response (EPA lead), a HPA is Non-emergency: immediate threat to life, property, or environmental degradation (oil not necessary. By regulation, written request spill). Emergency permits may be issued verbally by WDFW and do not 40 CFR 122.3(d) excludes from (JARPA) require SEPA or a JARPA. For emergency permits associated with oil spill NPDES permit requirements response call 360-534-8233 (24 hour pager). Non emergency projects discharges in compliance with require SEPA and a JARPA and can be requested at 360-902-2537. OSC instructions pursuant to the National Contingency Plan, 40 CFR Part 300. Moreover, a permit issued by the US ACE, Nationwide Permit #20, allows EPA responders to implement response strategies that would reduce, interrupt, or divert the flow of water in a stream, creek, or river, including installation of culvert blocks and underflow dams. Please see 33 CFR NWP 20. Response Operations for Oil and Hazardous Substances.

Non-emergency: written request, SEPA and JARPA required

Use Authorizations for State- Washington Use of state-owned Allows use of state-owned aquatic lands. DNR determined if aquatic JARPA (see above) Owned Aquatic Land Department of aquatic lands land is state-owned, if it is available for use, and if the use is Natural Resources appropriate. Needed if project located on, over, through, under, or (WDNR) otherwise impacts state-owned aquatic lands. Aquatic lands are defined as tidelands, shorelands, harbor areas, and the beds of navigable waters.

Change 21 January 1, 2020 Waiver? Equivalent Additional Application Permit Name Agency Operation Purpose of Permit Standard? Timing? Information Form WASHINGTON STATE PERMITS (continued) Section 401 Water Quality WDOE Activities that may Applicants receiving a section 404 permit from the U.S. Army Corps of JARPA (see above) Certification Permit result in discharge to Engineers, a Coast Guard permit or license from the Federal Energy U.S. waters Regulatory Commission (FERC), are required to obtain a section 401 water quality certification from the Department of Ecology (WDOE). Pertains to any activity that might result in a discharge of dredge or fill material into water or non-isolated wetlands or excavation in water on non-isolated wetlands. NPDES Discharge Permit for WDOE Discharge of To prevent the pollution of the States surface waters. Any discharge of May be waived during https://ecology.wa.g state facilities wastewater into wastewater into surface waters through a conveyance system requires emergencies, cannot be ov/Water- surface waters this permit. expedited. Shorelines/Water- quality/Water- quality-permits

Wildlife Rehabilitation Permit WDFW Rehabilitation of A wildlife rehabilitation permit authorizes a person to temporarily https://wdfw.wa.gov https://wdfw.wa.gov wildlife possess injured, diseased, oiled, or abandoned wildlife for the purpose /species- /species- of wild release. habitats/living/injure habitats/living/injure d- d- wildlife/rehabilitatio wildlife/rehabilitatio n/requirements n/resources Archaeological Excavation Department of Excavation of Excavating, altering, defacing, or removing archaeological objects or https://dahp.wa.gov Permit Archaeology & archaeological objects resources or Native Indian graves, cairns or glyptic records. /archaeology/archae Historic ological-permitting Preservation (DAHP)

Section 106 Review DAHP Projects involving The Department of Archaeology and Historic Preservation (DAHP) and https://dahp.wa.go historic or affected tribes must be consulted when projects are subject to review v/project- archaeological under Section 106 of the National Historic Preservation Act of 1966 review/section-106 resources (NHPA). Special Burn Permit WDOE Special burning This permit is for situation where burning does not fit into categories of https://ecology.wa.g activities agricultural, residential, or land clearing. ov/Air-Climate/Air- quality/Smoke- fire/Outdoor- residential-burning Well Construction and WDOE Construction or A Well Operator's License is required for all construction and https://fortress.wa.g Operator's License decommissioning of decommissioning of wells. ov/ecy/publications/ wells summarypages/ecy0 50121a.html Wetlands Permit WDOE Working in or near Working in or near wetlands, areas that are transitional between open variable; refer to wetlands water and uplands or that may be periodically inundated or saturated. individual permit descriptions for more detail Waste water permits WDOE Discharge of Individual permits for any discharge of wastewater into surface waters https://ecology.wa.g wastewater into through a conveyance system; General permits for some types of ov/Water- surface waters discharges; and/or State Wastewater Discharge permit Shorelines/Water- quality/Wastewater

Change 21 January 1, 2020 Waiver? Equivalent Additional Application Permit Name Agency Operation Purpose of Permit Standard? Timing? Information Form Coastal Zone Management WDOE Federally-approved Activities and development affecting coastal resources which involve (CZM) Certification activities affecting federal activities, federal licenses or permits, and federal assistance coastal resources programs (funding) require written CZM decision by Ecology.

Change 21 January 1, 2020 Waiver? Equivalent Additional Application Permit Name Agency Operation Purpose of Permit Standard? Timing? Information Form WASHINGTON STATE PERMITS (continued) Asbestos-Air Quality WDOE Demolition of a facility Any time you want to demolish, renovate, or burn a facility for fire https://archive.epa.g (Demolition/Renovation for fire training training purposes (facility includes any ship) ov/region02/capp/w Notification Form) eb/pdf/asbestosnotif icationformff.pdf

RCRA Site Identification WDOE Regulation of An identifying number used for tracking wastes from their point of https://ecology.wa.g Number hazardous waste generation to final disposal. It is required if you generate, transport, ov/Regulations- transfer, recycle, treat, store, or dispose of regulated amounts of Permits/Reporting- dangerous waste. requirements/Dange rous-waste-reporting- requirements/Notific ation-of-Dangerous- Waste

Oversize/Overweight Vehicle Washington State Use of To move oversize and overweight loads on the state's highway systems, http://www.wsdot.w http://www.wsdot.w Permit Department of oversize/overweight protecting the motoring public and the state highway infrastructure. a.gov/CommercialVe a.gov/publications/fu Transportation vehicles hicle/permitting.htm lltext/forms/560- (WSDOT) 021.pdf

Decanting Permits Sediment Disturbance Permits

LOCAL PERMITS Shoreline Management Local government: Projects in or near Any project, permanent or temporary, which interferes with public use https://ecology.wa.g JARPA (see above) Program Permits (Exemption, city or county. shorelands of shorelands. Projects in or within 200 feet of marine waters, streams, ov/Water- Substantial Development, Conditional Use and lakes, and associated wetlands and floodplains. Shorelines/Shoreline- Conditional Use, or Variance) Variance also coastal- require review by management/Shoreli WDOE. ne-coastal-planning

Waste generation and disposal Local government: Waste Check with local government city or county generation/disposal

*Joint Aquatic Resources Permit Application (JARPA) consolidates several federal, state and local permit applications into one form (Section 10 and 404 permits; General Bridge permits; Private Aids to Navigation permits; 401 Water Quality Certifications; Hydraulic Project Approvals; Use Authorizations for State-Owned Aquatic Lands; and local Shorelines permits.)

Change 21 January 1, 2020