justicedao/ipfs_state_laws huggingface dataset:
141-093-0187 Jackson County Vernal Pools - Review Process for Authorizing Projects The Department shall review applications for this GP according to OAR 141-093-0100 through 141-093-0135, with the following exceptions: (1) Initial Review. The Department will review the application within 30 calendar days of agency receipt of the application to determine whether the application is complete and the project is eligible for this GP. (2) Departmental Final Review. The Department will render a decision within 60 calendar days of receipt of a complete application. Statutory/Other Authority: ORS 196.600 – 196.692 & 196.795 – 196.990 Statutes/Other Implemented: ORS 196.600 – 196.692 & 196.795 – 196.990 History: DSL 51-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 1-2012, f. 3-14-12, cert. ef. 4-1-12
141-093-0190 Jackson County Vernal Pools - Definitions The following definitions are used in this GP, in addition to those in OAR 141-085-0510. (1) “Combination Credits” means those credits that have been approved by the Department as wetland mitigation credits and by the USFWS as ESA species credits. (2) “Drought Year” means a season in which precipitation prior to and during the growing season is less than the 30 percent probability level documented in the WETS table for the Medford weather station. The procedure for determining “below normal rainfall” is found in the September 2008 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region, available on the Department Web site. (3) “Permittee Responsible Mitigation” means actions undertaken by a permittee to compensate for impacts resulting from a specific project. (4) “Protect and Manage Mitigation” is preservation mitigation that entails the removal of a threat to, or preventing the decline of vernal pool wetlands, and includes the establishment and maintenance of native biological communities. (5) “Restore and Manage Mitigation” is mitigation which re-establishes and maintains vernal pool wetland topography and hydrology, and native biological communities in areas where previously existing vernal pools have been altered to upland or open water. (6) “Steward” means the party responsible for long-term management and monitoring of the mitigation site after it has been released by the Department. (7) “Vernal Pool” means a seasonal wetland found on shallow soils over an impermeable hardpan layer or bedrock. (8) “Vernal Pool Complex (VPC) and VPC Habitat” means a tract of land that includes vernal pool wetlands and the upland mounds between them. (9) “Vernal Pool Function Ranking” is the average of the four function scores (scores) for the subject site relative to the scores reported for the 59 vernal pool complexes inventoried in appendix C-1 of the Agate Desert Vernal Pool Final Draft Function Assessment Methodology dated April 2007 (AD Inventory). This report is available on the Department Web site. Statutory/Other Authority: ORS 196.600 – 196.692 & 196.795 – 196.990 Statutes/Other Implemented: ORS 196.600 – 196.692 & 196.795 – 196.990 History: DSL 52-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 1-2016, f. & cert. ef. 2-8-16 DSL 1-2012, f. 3-14-12, cert. ef. 4-1-12
141-093-0195 Jackson County Vernal Pools - Eligibility Requirements (1) Project Location. To be eligible for this GP, the project must be located within the geographic area of Agate-Winlo soils. This area generally conforms to the boundaries of the Agate-Winlo soil map unit as mapped by the Natural Resources Conservation Service’s Jackson County soil survey. (2) Type of Water. This GP authorizes removal-fill activities only in vernal pool wetlands and the following other waters that occur in Agate-Winlo soils: (a) Ditches or other water conveyance structures constructed solely to drain vernal pool lands; (b) Roadside ditches that are not part of a stream tributary system; (c) Channels excavated through uplands for irrigation water and return flows; and (d) Palustrine emergent wetlands that were historically vernal pool wetlands. (3) Thresholds. To be eligible, a project must meet both of the following: (a) Impacts to vernal pool wetlands and other waters must be less than two acres; and (b) Impacts to VPC must be less than 15 acres. (4) Mitigation. Mitigation must be accomplished in accordance with OAR 141-093-0200. Statutory/Other Authority: ORS 196.600 – 196.692 & 196.795 – 196.990 Statutes/Other Implemented: ORS 196.600 – 196.692 & 196.795 – 196.990 History: DSL 56-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 1-2012, f. 3-14-12, cert. ef. 4-1-12
141-093-0205 Jackson County Vernal Pools - Specific Application Requirements (1) Wetland Delineation and Functional Assessments. All applications for this GP must include a wetland delineation approved by the Department and a functional assessment of the vernal pool wetlands at the impact site. If the project involves permittee responsible mitigation, a wetland delineation and functional assessment is also required for the mitigation site. Functional assessments must be conducted according to the Agate Desert Vernal Pool Final Draft Function Assessment Methodology, available on the Department’s Web site. (2) Rare Species Surveys. All rare species surveys for this GP must be conducted according to the USFWS Guidance to Assist in the Assessment of, and Conservation Efforts for, Vernal Pool Systems on the Agate Desert, Jackson County, Oregon, dated June 2008, available on the Department Web site. (3) Compensatory Wetland Mitigation Plan. All applications for this GP that do not propose using bank credits, must include a compensatory wetland mitigation plan according to OAR 141-085-0695 through 141-085-0705, unless otherwise specified in this GP. (4) Long-Term Stewardship Plan. Each permittee responsible mitigation project under this GP must include a plan describing long-term management of the site necessary to meet the goal of sustaining the aquatic resources and the wetland-dependent listed species. The plan must include: (a) A long-term protection instrument consistent with OAR 141-085-0695 for the entire mitigation site, including the uplands between vernal pools and buffers. (b) Identification of the long-term steward; (c) A description of the long term management goals, the actions needed to reach and maintain those goals, and an estimate of the annual costs for each action; and (d) An ongoing funding mechanism, such as a non-wasting endowment, to pay for site management in perpetuity. Statutory/Other Authority: ORS 196.600 – 196.692 & 196.795 – 196.990 Statutes/Other Implemented: ORS 196.600 – 196.692 & 196.795 – 196.990 History: DSL 61-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 1-2012, f. 3-14-12, cert. ef. 4-1-12
141-093-0220 Maintenance Drainage - Purpose This General Permit (GP) authorizes removal of up to 100 cubic yards of material and fill of up to 100 cubic yards of material for the purpose of maintaining drainage to protect agricultural lands. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 76-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 63-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12 DSL 2-2012(Temp), f. & cert. ef. 4-2-12 thru 9-28-12
141-093-0225 Maintenance Drainage - Eligibility Requirements Activities authorized by this GP must meet all of the following requirements for maintaining drainage to protect agricultural lands. (1) Purpose. Removal and fill must be for the primary purpose of maintaining drainage to protect agricultural land. (2) Land Use. The current land use must be agricultural land. For the purposes of this general permit, agricultural land means: (a) Land currently used for the primary purpose of obtaining a profit in money by raising, harvesting and selling crops or the feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing animals, fish, or honeybees or for dairying and the sale of dairy products or any other agricultural or horticultural use or animal husbandry or any combination thereof. (b) Agricultural land also includes land used for the: (A) On-site preparation, storage and disposal of the products or by-products raised on such land for human or animal use; (B) Primary purpose of obtaining a monetary profitby stabling or training equines; (C) On-site construction and maintenance of equipment and facilities used for the activities described in this subsection; or (D) Growing trees exclusively as an agricultural, not forestry, commodity (e.g. cultured Christmas trees or hybrid cottonwood). (3) Removal of Material. The excavation is limited to the minimum amount necessary to maintain drainage within existing bed and banks. Channel relocation is not allowed. (4) Removal Threshold. The activity is limited to no more than a total of one hundred (100) cubic yards of material from below ordinary high water or below the elevation of highest measured tide, for each landowner, per calendar year. (5) Disposal of Excavated Material. Material removed as a result of this activity may be placed in adjacent converted wetlands as long as the effects are temporary and do not result in a permanent conversion of wetland to upland. (6) No Removal-Fill in SSW Allowed. Removal and fill under this general permit may not occur in waterways designated State Scenic Waterway (SSW) or waterways located in SSW Related Adjacent Lands. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 64-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12 DSL 2-2012(Temp), f. & cert. ef. 4-2-12 thru 9-28-12
141-093-0230 Maintenance Drainage - Specific Application Requirements Notwithstanding OAR 141-093-0115, the applicant must provide the following information in an application: (1) Description of the work to be done. Provide a description of how the work will be conducted and where the dredge spoil will be placed. (2) Alternatives. Provide a statement about other methods that would protect agricultural lands and maintain drainage which would not require work in the waterway. (3) Location of Project: (a) A tax lot map that highlights the entire location and length of the removal and fill activity with respect to all tax lot lines; (b) A scaled plan view drawing showing the approximate location of the existing channel and its dimensions; and (c) The line indicating the location of the Ordinary High Water for non-tidal waters and Highest Measured Tide for tidal waters. (4) Disposal Location. The application must include a map of the disposal location with respect to tax lot lines and waterways within the tax lot. (5) Fees. No application or renewal fee required for this GP. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 65-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12 DSL 2-2012(Temp), f. & cert. ef. 4-2-12 thru 9-28-12
141-093-0235 Maintenance Drainage - Authorized Activities Maintenance of Drainage. The annual removal of up to one hundred cubic yards of material below OHW or HMT for jurisdictional waterways for maintaining existing drainage to protect agricultural land and the placement of up to one hundred cubic yards of material in converted wetlands as a result of the project, when upland disposal is not practicable. Placement of material in converted wetlands must not result in creation of upland. Statutory/Other Authority: ORS 196.692 Statutes/Other Implemented: ORS 196.816 History: DSL 66-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12 DSL 2-2012(Temp), f. & cert. ef. 4-2-12 thru 9-28-12
141-093-0240 Maintenance Drainage - Specific Conditions (1) General Conditions Apply. All the conditions set forth in OAR 141-093-0135 apply to this GP. (2) Temporary Impacts Only. No conversion of wetland to upland is allowed. All material placed in wetlands must be spread in a thin layer before the onset of winter rains. (3) Removal of Woody Vegetation. Removal of woody vegetation must be limited to the minimum amount needed to complete the activity, including removal site access. (4) Maintenance of Riparian Buffer. Where practicable and necessary to complete the activity, removal of woody vegetation is limited to the north or east sides of the stream channel. (5) No Operation of Equipment in the Water Allowed. Equipment used to remove material must operate from top of bank position when feasible, otherwise from a dry position below top of bank. (6) Design to Limit Maintenance. To the extent practicable, the project must be implemented to naturally maintain inlet and outlet connections with the main stream channel. (7) Erosion Control. As necessary, erosion control measures must be installed and maintained during the activity and after disposal, so as to prevent discharge into waters of this state. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 67-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12 DSL 2-2012(Temp), f. & cert. ef. 4-2-12 thru 9-28-12
141-093-0245 Maintenance Drainage - Fees This General Permit is exempt from the fee requirements set forth in OAR 141-085-0545. Statutory/Other Authority: ORS 196.692 Statutes/Other Implemented: ORS 196.816 History: DSL 68-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12
141-093-0250 Maintenance Dredging - Purpose This General Permit authorizes removal-fill for certain activities related to navigational access maintenance dredging. Statutory/Other Authority: ORS 196.817 Statutes/Other Implemented: ORS 196.600-196.990 History: DSL 69-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 4-2016, f. 7-15-16, cert. ef. 9-1-16
141-093-0255 Maintenance Dredging - Definitions The following definitions are used in this General Permit, in addition to those contained in OAR 141-085: (1) “Baseline Authorization” means a previous removal-fill authorization for a dredge prism of specified area(s) and depth(s) that was executed within fifteen (15) years of the date of application for authorization under this General Permit. (2) “Boat” is defined in ORS 830.005. (3) “Flowlane” means that portion of a waterway where sufficient flow velocity and depth exists to disperse placed material and not cause shoaling. (4) “Maintenance Dredging” means an activity undertaken by a person to remove and place, in approved in-water and upland locations, accumulated sediment within previously authorized and executed dredge areas and depths (“baseline authorization”) for the purpose of maintaining navigational access. If necessary and at the Department’s discretion, maintenance dredging may include up to one foot of additional over-dredge depth. (5) “Navigational Access” means operation of a boat on waters of this State. Statutory/Other Authority: ORS 196.817 Statutes/Other Implemented: ORS 196.600-196.990 History: DSL 70-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 4-2016, f. 7-15-16, cert. ef. 9-1-16
141-093-0260 Maintenance Dredging - Eligibility Requirements Activities authorized by this General Permit must meet all of the following requirements: (1) Purpose. The activity must be for the purpose of maintenance dredging. (2) No Fill in Waters. The maintenance dredging activity includes no fill in waters of this State except for: (a) Temporary placement of equipment necessary to conduct the maintenance dredging activity (e.g., spud piles, hydraulic pipelines, anchors). (b) Any authorized placement of removed material in the flowlane or territorial sea. (3) Removal Method. Removal of material must be by means of hydraulic pipeline dredge or closed bucket (e.g., clamshell bucket) unless otherwise approved by the Department and upon evidence that the removal activity will not result in significant suspension of material in the water column. Statutory/Other Authority: ORS 196.817 Statutes/Other Implemented: ORS 196.600-196.990 History: DSL 71-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 4-2016, f. 7-15-16, cert. ef. 9-1-16
141-093-0265 Maintenance Dredging - Specific Application Requirements In addition to the application requirements described in OAR 141-093-0105, the applicant must provide the following information in the application: (1) Baseline Authorization; Identification of the baseline authorization(s) for the maintenance dredging activity being applied for under this General Permit. (2) Drawings. Scaled drawing(s) illustrating the area and depths of the proposed maintenance dredging activity relative to the baseline authorization. Scaled drawings must report elevations in consistent and standard datum (e.g., NAVD 88, MLLW). (3) Upland Placement. For upland placement, identification of the upland placement site and evidence of upland status (e.g., a valid written jurisdictional determination by the Department confirming upland status). (4) In-water Placement. For placement in the flowlane or territorial sea, the applicant must provide a copy of findings from the Portland Sediment Evaluation Team, or any subsequently authorized body, approving in-water placement of the material. (a) For flowlane placement, the applicant must also provide: (A) Scaled drawing(s) clearly identifying the proposed placement area; (B) Evaluation used by the applicant to evaluate the sufficiency of flow and depth to adequately disperse material and not cause shoaling; (C) Evidence of coordination with OR Department of Fish and Wildlife regarding suitability of the benthic environment to receive the material; and (D) For flowlane disposal within a federally authorized project area, evidence of coordination with the Corps' Navigation Branch to determine the potential for any impacts to navigation. (b) For placement in the territorial sea, the applicant must also provide: (A) Identification of the USEPA-approved placement site; and (B) A resource inventory and effects evaluation consistent with the requirements contained in the Oregon Territorial Sea Plan, Part 2. (5) Volumes. Volumes of material anticipated to be removed and to be placed in waters of this State per dredging event, number of dredging events anticipated over the term of the authorization, and total volumes over the term of the authorization. Statutory/Other Authority: ORS 196.817 Statutes/Other Implemented: ORS 196.600-196.990 History: DSL 72-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 4-2016, f. 7-15-16, cert. ef. 9-1-16
141-093-0270 Maintenance Dredging - Authorized Activities This General Permit authorizes maintenance dredging in accordance with the requirements of this Division, including the removal of material, transport of material to a placement site, and placement of material in an upland, flowlane or territorial sea location. Statutory/Other Authority: ORS 196.817 Statutes/Other Implemented: ORS 196.600-196.990 History: DSL 73-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 4-2016, f. 7-15-16, cert. ef. 9-1-16
141-093-0280 Maintenance Dredging - Term and Reporting (1) Term. Authorizations under this General Permit may be kept active for up to twenty (20) years, subject to the following conditions. Failure to meet these conditions may result in suspension or revocation of the authorization. (a) The applicable fees are received by the Department before the anniversary date of the authorization; (b) The authorization holder submits to the Department, every five (5) years before the anniversary date of the authorization, a status report including at least the following information: (A) Authorization holder name and permit number; (B) Number of dredge events and total volume of material removed during the previous five-year period; (C) Removal method(s) and placement site(s) used; and (D) Description of the physical conditions within the authorized dredge area at the time of report preparation: extent of submerged and submersible lands condition, extent of any vegetation including visible submerged aquatic vegetation. Statutory/Other Authority: ORS 196.817 Statutes/Other Implemented: ORS 196.600-196.990 History: DSL 75-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 4-2016, f. 7-15-16, cert. ef. 9-1-16
141-093-0285 Certain Ocean Renewable Energy Facilities - GP-Purpose This General Permit authorizes the placement and removal of certain ocean renewable energy facilities for research or demonstration projects in the territorial sea for a limited duration as defined by these Rules. Statutory/Other Authority: ORS Chapter 183, ORS 196.810, ORS 196.817, ORS 196.485(3), ORS 197.180 & ORS 196.405-583 Statutes/Other Implemented: ORS 196.600-692 & ORS 196.795-990 History: DSL 59-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 5-2017, adopt filed 12/28/2017, effective 01/01/2018
141-093-0290 Certain Ocean Renewable Energy Facilities - GP-Definitions The following definitions are used in this General Permit, in addition to those contained in OAR 141-085: (1) “ Commercial Operation ”, as defined in ORS 274.870, means a project undertaken to generate ocean renewable energy for a purposes other than research, demonstration or personal use and that has financial profit as a goal. (2) " Demonstration Project ", means a limited duration, non-commercial activity in the territorial sea to test the economic and/or technological viability of establishing a commercial operation. A demonstration project may be temporarily connected to the regional power grid for testing purposes without being a commercial operation. (3) " Educational/Research Institution ", as defined in OAR 141-140-0020, means any accredited public or private university or college, or non-profit research organization. (4) Joint Agency Review Team (JART) has the meaning described in OAR 141-140-0020. (5) “ Ocean Renewable Energy ”, as defined in ORS 274.870, means electricity that is generated through: (a) The conversion of energy contained in the natural properties of the ocean, including but not limited to energy contained in waves and swells, the tides and currents, ocean temperature and salinity gradients; and, (b) Ocean offshore wind power. (7) “ Ocean Renewable Energy Facility ”, as defined in ORS 274.870, means any energy conversion technology or device that is used as a necessary component of a research project, demonstration project or commercial operation to generate ocean renewable energy, including but not limited to all buoys, anchors, energy collectors, cables, control and transmission lines, and other equipment necessary or useful to the project or operation. (5) " Research Project ", means a limited duration, non-commercial activity by an educational/research institution for the placement of ocean renewable energy facility in the territorial sea. The purpose of a research project is to test the technology used in, or functionality of an experimental ocean renewable energy device. (9) " Territorial Sea " means the waters and seabed extending three geographical miles seaward from the coastline in conformance with federal law. Statutory/Other Authority: ORS Chapter 183, ORS 196.810, ORS 196.817, ORS 274.870-879, ORS 196.485(3), ORS 197.180 & ORS 196.405-583 Statutes/Other Implemented: ORS 196.600-692, ORS 196.795-990 & ORS 274.870-879 History: DSL 58-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 5-2017, adopt filed 12/28/2017, effective 01/01/2018