Removing Sediment Behind Tidegates - Purpose
(1)These rules set forth conditions under which a project proponent may, without an individual removal-fill permit from the Department, dispose (fill), and place (fill), remove (removal), or alter material in waters of this state for the purposes of removing and disposing of sediment while maintaining or cleaning natural or artificially created drainage ditches upstream from tidegates and within hydraulically closed perimeters. For the purposes of this General Authorization, “hydraulically closed perimeters” means, all water flow and hydraulic connectivity to the surrounding watershed is controlled by pumps.
(2)This general authorization is exclusive to:
(a)The disposal of sediments within waters of this state, such as wetlands, removed as a result of ditch maintenance and cleaning in drainage ditches upstream of tidegates; and
(b)The removal of material from drainage ditches (cleaning) upstream of tidegates that does not meet the requirements described in OAR 141-089-0760 (Removing Sediment Behind Tidegates - Purpose)(4) below.
(3)Drainage ditches that have a free and open connection to other natural waterways and are presumed to contain food and game fish are waters of this state.
(4)The regular maintenance of ditches as defined in OAR 141-085-0510 (Definitions)(28) is exempt from regulation under the Removal-Fill Law and this General Authorization as set forth in 141-085-0535 (Exemptions Specific to Agricultural Activities)(7).
(5)The placement of sediment removed from drainage ditches on wetlands may be an activity subject to the Removal-Fill Law, OAR 141-085 and this General Authorization.
(6)A notification must be sent to the Department before any person starts an activity authorized by this General Authorization. The term and conditions of issuance shall be stated in the approved notification. The term shall not exceed the expiration date on the approved notification.
(7)This General Authorization is made pursuant to ORS 196.850 (Waiving permit requirement in certain cases) and is based on the determination that the authorized activities are similar in nature and when conducted in accordance with this general authorization rule will not result in long-term harm to water resources of the state, and will cause only minimal individual and cumulative environmental effects.
(8)This General Authorization does not apply to activities or waters exempt from the Removal-Fill Law as described in OAR 141-085.
(9)Other structures, uses and activities included in the notification for this General Authorization that are subject to another general authorization under OAR 141-089 or individual permit under OAR 141-085 will not be authorized or covered by this General Authorization. An application encompassing multiple activities must be processed as an individual removal-fill permit under OAR 141-085.
(10)Unless otherwise specified, the terms used in this General Authorization are defined in OAR 141-085.
(11)In the event a dispute arises about the applicability of this General Authorization to any project notification, the Department shall make the final determination. The Department shall rely on the responsible party’s notification and supporting documentation for its decision.
Rule 141-089-0760 — Removing Sediment Behind Tidegates - Purpose,