Agency Considerations and Determinations
(1)Issuance. The Department will issue State Scenic Waterway removal-fill permits only upon written findings that:
(a)The proposed activity is consistent with the State Scenic Waterway Act (ORS 390.805 (Definitions for ORS 390.805 to 390.925) through 390.925 (Enforcement) or an applicable OPRD Scenic Waterway Management Plan or interim classification. The Department will coordinate with OPRD and WRD prior to making this determination;
(b)The proposed activity is consistent with ORS 196.800 (Definitions for ORS 196.600 to 196.921) through 196.990 (Penalties) administered according to OAR 141-085 related to removal of materials from the beds or banks and filling of any waters of this state;
(c)The proposed activity meets a demonstrated need and minimizes adverse impacts to special attributes of designated State Scenic Waterways; and
(d)The proposed activity, individually or collectively, would not degrade fish, wildlife or recreation values.
(2)Denial. The Director will deny any permit application, based upon written findings, if the proposed activity is not consistent with the policies under ORS 390.805 (Definitions for ORS 390.805 to 390.925) through 390.925 (Enforcement) for State Scenic Waterways or 196.800 (Definitions for ORS 196.600 to 196.921) through 196.825 (Criteria for issuance of permit) and 196.845 (Investigations and surveys) through 196.870 (Abatement proceedings) for removal of material from the bed and banks and filling any waters of this state.
(3)Findings. Written findings are required for all authorizations or denials of a permit application.
(4)Expiration. No State Scenic Individual Removal-Fill Permit will be issued for more than five years from issue date.
(5)Renewal. State Scenic Individual Removal-Fill Permits, not associated with recreational placer mining issued under OAR 141-100-0055 (Recreational Placer Mining within State Scenic Waterways), may be renewed for multi-year projects in the same manner as OAR 141-085.
Rule 141-100-0052 — Agency Considerations and Determinations,