Schedule and Process > Details > Environmental Permits

The Clean Water Act was passed in 1972 to restore and maintain the chemical, physical, and biological integrity of the nation's waters. The discharge of dredged and fill material into "Waters of the United States" is subject to a permit program administered by the USACE under Section 404 of the Clean Water Act. LOIS was granted a Section 404 permit (in the form of a nationwide permit) from the USACE that ensures that the discharge of dredged and fill material would not have substantial impacts on the aquatic environment.

The Oregon Department of State Lands administers the Removal-Fill program (ORS 196.800-196.990), which was implemented to protect, conserve, and to use the water resources in the State of Oregon wisely. LOIS was issued a Removal-Fill permit that ensures the excavation and filling activities would not substantially impact the aquatic environment.

The Oregon Department of Fish and Wildlife reviewed the project details and granted a permit allowing work with specific conditions to minimize the potential for impacting fish and wildlife species. The LOIS team also consulted with ODFW on specific environmental safeguards related to the lake drawdown, such as sediment and erosion control measures and fish protection measures for protection of fish and wildlife species.

Construction will comply with the Bald and Golden Eagle Protection Act which requires that high impact construction activities have a setback from any active eagle nest. No drilling or pile installation will occur within 630 feet of an active nesting site.

Essential Fish Habitat (per the Magnuson-Stevens Fishery Conservation and Management Act). The National Marine Fisheries Service determined that project construction would not have unacceptable adverse impacts to essential fish habitat.

The U.S. Army Corps of Engineers consulted with the State Historic Preservation Office and the Grand Ronde tribe to ensure that appropriate procedures are in place to document and preserve cultural resources if any are unearthed during the construction project. The City has retained an archaeological firm to conduct pre-construction surveys and to be on-call during construction in case artifacts are encountered along the prehistoric shorelines of the lake.