Judge Upholds $77,767 In Winchester Dam Repair Penalties

A state administrative law judge has upheld $77,767 in civil penalties against the Winchester Water Control District for water quality violations tied to 2023 repair work at Winchester Dam on the North Umpqua River.

In a proposed and final order dated March 6, Senior Administrative Law Judge Elizabeth Jarry found the district violated multiple conditions of a 401 Water Quality Certification issued by the Oregon Department of Environmental Quality for the project. The order says the district was responsible for the work of its contractors and subcontractors.

The case centers on repairs performed in August and September 2023 at the privately owned dam near Roseburg. According to the order, the violations included work that was not consistent with the permitted project description, inadequate erosion and sediment controls, placement of concrete and tire mats where they could enter the river, operation of equipment in the flowing channel and failure to fully isolate the in-water work area from the active stream.

The judge also found the district failed to remove temporary construction materials before the approved in-water work window ended and failed to provide unobstructed fish passage from Sept. 1 through Sept. 5, 2023.

The order states the North Umpqua River provides habitat for Endangered Species Act-listed salmonids and other migratory fish, and that the dam’s fish ladder is intended to allow fish passage upstream.

The ruling also addresses the role of TerraFirma Foundation Repair, Inc., the contractor hired for the repair work. According to the order, TerraFirma’s listed experience primarily involved foundation repair, waterproofing, wall stabilization and concrete work. The judge found the company’s listed project history included only one in-water project and that few, if any, of the employees on site during the 2023 repair had in-water work experience.

The judge did not describe TerraFirma as uncertified to work on dams. Instead, the order says the company lacked a background in the type of in-water work involved in the project.

The case was heard through Oregon’s Office of Administrative Hearings after DEQ referred the matter in 2024. The order notes the Winchester Water Control District matter was consolidated for hearing purposes with a related case involving TerraFirma.

The penalties were upheld across several categories tied to permit compliance, including project consistency, erosion and sediment control, concrete, tire mats, in-channel equipment operation, fish passage, and work area isolation. Under the order, payment is due within 10 days after the order becomes final.

A copy of the order can be found here.