OAR 141-089-0775
Removing Sediment Behind Tidegates - Conditions of Issuance of General Authorization
(1)
The responsible party must conduct all work in compliance with the comprehensive plan, zoning requirements and other local, state and federal regulations pertaining to the project. Local land use planning department approval must be obtained if the project is located within a Federal Emergency Management Agency designated floodway. All other necessary approvals and permits must be obtained before starting the authorized project. All necessary approvals and permits must be obtained before starting the project under this General Authorization.(2)
The responsible party must obtain all necessary access permits or rights-of-way prior to entering lands owned by another for the purposes of completing a project authorized under this general authorization.(3)
The responsible party must conduct the activity during the time period recommended by the Oregon Department of Fish and Wildlife, unless after consultation with ODFW, a waiver is granted by Department for a longer or alternative time period. Work is prohibited when fish eggs are present within the reach where activities are being conducted.(4)
The responsible party must ensure that the activity will not interfere with fish passage, as required by the Oregon Department of Fish and Wildlife.(5)
When listed species are present, the responsible party must comply with the state and Federal Endangered Species Acts. If previously unknown listed species are encountered during the project, the responsible party must contact the Department as soon as possible.(6)
The responsible party must not disturb or destroy known archeological sites unless authorized under a permit issued by the State Historic Preservation Office. When previously unknown occurrences of archeological sites are discovered during construction, the responsible party must immediately stop work at the discovery site and contact the Department.(7)
The responsible party must ensure that the authorized work does not unreasonably interfere with or create a hazard to recreational navigation.(8)
The responsible party must ensure that woody vegetation removal is limited to the minimum amount needed to complete the project including construction access.(9)
The responsible party must ensure that areas disturbed in the course of completing the authorized work are stabilized with the appropriate erosion control best management practices and re-vegetated with the same mix of native herbs, shrubs and/or trees in approximately the same numeric proportion as were removed from the site, unless otherwise approved by the Department. Grass seed mixes of exotic and certified-free of noxious weeds that will hold the soil and not persist, are permitted.(10)
The responsible party must ensure that no petroleum products, chemicals or deleterious materials are allowed to enter the waters of this state.(11)
The responsible party must adhere to all applicable Department of Environmental Quality (DEQ) water quality requirements. If a 401 Water Quality Certification (WQC) is issued by DEQ in conjunction with a US Army Corps of Engineers 404 permit for the same project, the water quality conditions in the 401 WQC will govern water quality requirements pertaining to the authorized removal-fill activity. In this event, a copy of the 401 Water Quality Certification must be retained on site.(12)
For drainage ditch cleaning activities, the responsible party must comply with the following:(a)
Removal of existing woody vegetation, other than that growing within the maintained channel bed is prohibited;(b)
Only sand and silt sediments may be removed. This General Authorization is not for the removal of gravel;(c)
Erosion of disturbed areas (e.g., drainage ditch banks and work areas) must be minimized through re-vegetation with grass and/or planting of trees and shrubs;(d)
Removal must be conducted with land-based equipment from one side of the drainage ditch unless specifically authorized by the Department;(e)
At any time excavated material is placed on adjacent dikes it must be stabilized to eliminate erosion back into the drainage ditch; and(f)
If excavated material is to be thinly spread over adjacent wetland, wet pasture or farmed wetland, it is to be spread before the onset of winter rains, and controlled from eroding back into the drainage ditch.(13)
The responsible party must not remove and/or dispose of sediments in violation of the applicable state water quality standards.(14)
The responsible party must keep a copy of the approved notification available at the work site whenever the authorized activity is being conducted.(15)
Employees of the Department and all duly authorized representatives must be permitted access to the project area at all reasonable times for the purpose of inspecting work performed under this General Authorization.(16)
The Department makes no representation regarding the quality or adequacy of the project design, materials, construction, or maintenance, except to approve the project’s design and materials as satisfying the resource protection, scenic, safety, recreation, and public access requirements of ORS Chapters 196 and related administrative rules.(17)
The State of Oregon, and its officers, agents and employees must be held harmless from any claim, suit or action for property damage or personal injury or death arising out of the design, material, construction or maintenance of the authorized improvements.(18)
The Department may add other project-specific conditions to the approved notification as necessary to meet the requirements of this General Authorization. Such additional conditions may be needed to ensure that the project will cause only minimal individual and cumulative environmental effects and will not result in long-term harm to water resources of the state.(19)
The Department may, at any time, by notice to affected responsible parties, revoke or modify any approved notification of a project granted under this General Authorization if it determines the conditions of the General Authorization are insufficient to minimize individual or cumulative environmental effects.(20)
The responsible party is responsible for the activities of all contractors or other operators involved in project work covered by the notification.
Source:
Rule 141-089-0775 — Removing Sediment Behind Tidegates - Conditions of Issuance of General Authorization, https://secure.sos.state.or.us/oard/view.action?ruleNumber=141-089-0775.