2018 – JOHN DAY BASIN WORKSHOPPERMITTING BDA
PROJECTS IN OREGON
John Day Partnership Workshop
July 24 – 26, 2018John Day, OR
STATE OF OREGON
FISH PASSAGE REMOVAL-FILL
Fish Passage at Beaver Dam Analogues
Application of Beaver Dam Analogues in Stream RestorationWheeler County SWCD August 7, 2017
Jenni Dykstra, ODFW Assistant Fish Passage Coordinator
Oregon Fish Passage Laws
• To address this issue, new fish passage statutes were passed in 2001 via HB 3002• Oregon Revised Statutes (ORS) 509.580 through 910
• ODFW and the Oregon Fish and Wildlife Commission (OFWC) developed rules to implement these statues• Oregon Administrative Rules (OAR) 635-412-0005 through
0040
• The new laws and rules are more flexible and collaborative, while also giving ODFW and the OFWC greater oversight and enforcement responsibilities.
Current laws state that fish passage must be addressed
• at artificial obstructions (AO’s)• where native migratory fish (NMF) are currently
or were historically present, and• prior to when a trigger event will occur
How is a Beaver Dam Analogue different than a natural beaver dam?• BDAs are constructed differently, often more solid and
stable than a natural beaver dam in order to withstand high flows and avoid the need to reconstruct.
• Natural beaver dams are dynamic and breach frequently, providing temporal fish passage.
• Beavers maintain their dams.
• BDAs may be a valuable tool for improving fish habitat. The ODFW approval process ensures that the project is constructed in a way that will lower the risk of it impeding fish passage.
Oregon Hydraulic Requirements for Salmonids
from OAR 635-412-0035(2)
• Jump height
• <6” juveniles
• <1’ adults
• Water depth
• >6” for juveniles
• >1’ for adults
• > 2’ in jump pools
• Swim-through locations > 1’ wide
• Space between vertical members
• >4” juveniles
• >9” adults
• For BDAs, we assume the diversity of flows and porousness of the
structures will provide multiple opportunities for a fish to get
through, around or over the structure.
Applying for a Fish Passage Approval• Contact local ODFW fish biologist early in the
process for information on fish use and other considerations during design of your project.
• Obtain Fish Passage Plan for BDAs applicationform on ODFW’s fish passage website: http://www.dfw.state.or.us/fish/passage/
• Submit application (or project proposal with requested info) via email to ODFW Assistant Fish Passage Coordinator: [email protected]
• Allow at least 60 days for review. Plan could be approved within a few weeks.
ODFWFish Passage Plan Application Form
ODFW PASSEGE PLAN - APPLICATIONCOMPONENTS – SITE PHOTOS
ODFW PASSEGE PLAN - APPLICATION
ODFW PASSEGE PLAN - APPLICATION
STRUCTURE ID
DIST TO UPSTREAM STRUCTURE
(M)
SLOPE (%) BDA WIDTH (M) DAM CREST
HEIGHT (M) POSTS STRUCTURE TYPE STRUCTURE FUNCTION
1 - 0.0% 12 0.4 16 PrimaryFirst structure in reach, promote inundation of bar and floodplain river left
2 9.3 1.3% 10 0.28 13 Secondary Grade break for upstream primary structure
3 7.4 1.7% 12 0.3 13 Secondary Grade break for upstream primary structure
4 19.8 1.2% 9 0.38 17 Primary Pond creation and river left floodplain irrigation
5 15.1 3.0% 14 0.25 14 Secondary Dissipate gradient from upstream structure
STRUCTURE DESIGN ATTRIBUTES• Distance between, slope between, width, height, posts• Structure Function
ODFW PASSEGE PLAN - APPLICATION
EXAMPLE ON WEBSITE COURSE MATERIALS
ODFW PASSEGE PLAN - MONITORING
MONITORING PLAN• 5 years – 2 x annually• Site visits at multiple flows
DSL – DEPT. OF STATE LANDSREMOVAL FILL GUIDE
https://www.oregon.gov/DSL/WW/Documents/Removal_Fill_Guide.pdf
DSL – DEPT. OF STATE LANDS
ESH - Essential Salmonid Habitat
DSL – GENERAL AUTHORIZATION
EXPEDITED PATHWAY FOR MINIMAL DISTURBANCE
• 9 Categories that qualify for a GA
• WATERWAY HABITAT RESTORATION
• Generally 30 day notification period
DSL – GENERAL AUTHORIZATION
1. Application Review = 30 days2. Public Review Period = 30 days3. Final Review = 60 days4. Permit Decision = ?
INDIVIDUAL PERMIT
DSL – GENERAL AUTHORIZATION
?
But, No Place for a Channel Spanning Structure
Some Have Tried……
DSL – GENERAL AUTHORIZATION
DSL – GENERAL AUTHORIZATIONSIMILAR – BUT SLIGHTLY DIFFERENT APPLICATION PROCESS TO ODFW
DSL – GENERAL AUTHORIZATION< 100 cubic yards per 0.5 miles
LANDOWNER PERMISSION• Adjacent landowner consent• Within 0.5 miles of project area
DSL – GENERAL AUTHORIZATION
EXAMPLE DSL SUPPLEMENT ON WEBSITE COURSE MATERIAL
DIFFICULTIES - NO DEFINITION
DIFFICULTIES – BUILD IT LIKE BEAVER
Ha! I Got an Exemption
DIFFICULTIES – APPLICATION & MONITORING
Differences in application, reporting, and monitoring requirements.
BDA MONITORING PROJECTInter Agency Team to Develop:
• Rapid Field Protocols• Application, Permits, Monitoring, Reporting
• Data Collection and Management Support
• Tracking Existing Project Outcomes
BDA MONITORING PROJECTInitial Steps• Team to hold first meeting August 2018• Project monitoring start Fall 2018• Oregon BDA Explorer Website
RESEARCH DRIVE PERMIT DECISIONS
Bridge Creek IMW Bear Creek Monitoring