OAR 141-089-0760
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.

Source: Rule 141-089-0760 — Removing Sediment Behind Tidegates - Purpose, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=141-089-0760.

141‑089‑0620
General 141‑089‑0625
General Authorizations (GA) 141‑089‑0630
Project Applicability 141‑089‑0635
Fees 141‑089‑0640
Pre-Construction Notification 141‑089‑0645
Expiration of Project Eligibility 141‑089‑0650
General Conditions 141‑089‑0655
Enforcement 141‑089‑0656
Authorization Decision Appeals 141‑089‑0660
Minimal Disturbance Within ESH - Purpose 141‑089‑0665
Minimal Disturbance Within ESH - Eligibility Requirements 141‑089‑0670
Minimal Disturbance Within ESH - Authorized Activities 141‑089‑0675
Minimal Disturbance Within ESH - Activity-Specific Conditions 141‑089‑0680
Piling Placement And Removal Within ESH - Purpose 141‑089‑0685
Piling Placement And Removal Within ESH - Eligibility Requirements 141‑089‑0690
Piling Placement And Removal Within ESH - Authorized Activities 141‑089‑0695
Piling Placement And Removal Within ESH - Activity-Specific Conditions 141‑089‑0700
Temporary Impacts to Non-Tidal Wetlands - Purpose 141‑089‑0705
Temporary Impacts to Non-Tidal Wetlands - Eligibility Requirements 141‑089‑0710
Temporary Impacts to Non-Tidal Wetlands - Authorized Activities 141‑089‑0715
Temporary Impacts to Non-Tidal Wetlands - Activity-Specific Conditions 141‑089‑0720
Waterway Bank Stabilization - Purpose 141‑089‑0725
Waterway Bank Stabilization - Eligibility 141‑089‑0730
Waterway Bank stabilization - Authorized Activities 141‑089‑0735
Waterway Bank Stabilization - Activity-Specific Conditions 141‑089‑0740
Transportation-Related Activities - Purpose 141‑089‑0745
Transportation-Related Activities - Eligibility Requirements 141‑089‑0750
Transportation-Related Activities - Authorized Activities 141‑089‑0755
Transportation-Related Activities - Activity-Specific Conditions 141‑089‑0760
Removing Sediment Behind Tidegates - Purpose 141‑089‑0765
Removing Sediment Behind Tidegates - Eligibility Requirements-Ineligible Projects 141‑089‑0770
Removing Sediment Behind Tidegates - Mandatory Requirements 141‑089‑0775
Removing Sediment Behind Tidegates - Conditions of Issuance of General Authorization 141‑089‑0780
Waterway Habitat Restoration - Purpose 141‑089‑0785
Waterway Habitat Restoration - Eligibility Requirements 141‑089‑0790
Waterway Habitat Restoration - Authorized Activities 141‑089‑0795
Waterway Habitat Restoration - Activity-Specific Conditions 141‑089‑0800
Wetland Ecosystem Restoration - Purpose 141‑089‑0805
Wetland Ecosystem Restoration - Eligibility Requirements 141‑089‑0810
Wetland Ecosystem Restoration - Authorized Activities 141‑089‑0815
Wetland Ecosystem Restoration - Activity-Specific Conditions 141‑089‑0820
Non-motorized In-stream Placer Mining in ESH – Purpose 141‑089‑0823
Non-motorized In-stream Placer Mining within ESH - Definitions 141‑089‑0825
Non-motorized In-stream Placer Mining in ESH - Eligibility Requirements 141‑089‑0827
Non-motorized In-stream Placer Mining within ESH - Expiration and No Transfer 141‑089‑0830
Non-motorized In-stream Placer Mining in ESH - Authorized Activities 141‑089‑0835
Non-motorized In-stream Placer Mining in ESH - Activity-Specific Conditions
Last Updated

Jun. 8, 2021

Rule 141-089-0760’s source at or​.us