Getting the Green Light: Emergency!!
by Shelly Schmidt, M.B.A., Senior Biologist
In all cases, it is important to have a plan for handling potential emergency situations before they occur in the field. Specifically, this should include provisions for potential emergencies that may require in-water damage control work. In emergency situations, staff members of local agencies frequently encounter crises in which structures or facilities are threatened and need protection that requires in-water work.
Typically, Section 404 and Removal-Fill Permits from the U.S. Army Corps of Engineers (USACE) and Department of State Lands (DSL), respectively, are required for any in-water work. Additionally, in-water work involves receiving input from the Oregon Department of Fish and Wildlife (ODFW) and potentially consulting with the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (USFWS). Emergency situations are not much different.
Both USACE and DSL have standard procedures for handling emergency situations that require in-water work. DSL uses a one-page emergency authorization application for in-water work, which allows for quick permit processing. In order for the agencies to process emergency permit applications efficiently, it is helpful to include photographs of the situation, if possible, and provide detailed information about the site. The form is available for download at: http://www.oregon.gov/DSL/forms.shtml.
USACE has provisions for emergency actions, including Nationwide Permit #37. Placing a phone call to the Portland District Office at (503) 808-4371 in an emergency situation will allow you to identify the appropriate process and provisions for handling the specific situation as well as to solicit input on mitigation measures. USACE will also attempt to involve federal agencies such as NMFS, USFWS, and others as appropriate. Contact the Portland District Office for more information.
An ODFW District Fish Biologist would also need to be contacted; call the ODFW Fish Division at (503) 947-6200 to receive ideas for minimizing impacts to fish species.
If time and the situation allow, it is best to incorporate measures to avoid, minimize, and mitigate impacts to species during the emergency action. Once the emergency situation is under control, agencies may require mitigation and even consultation regarding impacts to threatened and endangered species after the fact.
The biologists of the AP Natural Resources Group can assist with preparing an in-water work emergency plan and obtaining emergency permits. Should an emergency situation occur, please call us at (541) 963-8309; our team will be happy to help.
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