141-089-0695 Over-Water Structures Fill and Removal – Project-Specific Conditions (1) Project activities must adhere to the general conditions in OAR 141-089-0650 and the following specific conditions, as applicable: (2) Fill and Removal for Residential Docks and Associated Piling or Anchors. The project is conditioned as follows: (a) Fill for placement of a new dock, modification of an existing dock, or relocation of an existing dock to a new site must be consistent with ODFW Residential Dock Guidelines, February 2016. (b) No permanent impact to wetlands is authorized. (3) Piling or Anchor Replacement for Existing Nonresidential Docks and Other Over-Water Structures. The project is conditioned as follows: (a) The project must not include any expansion of the existing structure’s over-water footprint; (b) No more than 10 piling or anchors may be replaced for a project; (c) The project may include placement or replacement of dock floats. If polystyrene is used, an Encapsulated Foam Certification is required from the OR State Marine Board. The project cannot result in a reduced amount of light penetration though the dock; and (d) No permanent impact to wetlands is authorized. (4) Seasonal Fill and Removal for Public Recreation Structures. The project is conditioned as follows: (a) No placement of new piling is authorized; (b) Fill of up to four cubic yards total anchor volume is allowed. Anchors must be inert material and may not include solid waste as defined in OAR 340-093-0030; (c) Recreational structure must be seasonally removed within 30 days after the end of the seasonal use (anchors do not need to be removed); and, (d) No permanent impact to wetlands is authorized. (5) Fill and Removal for Navigational Aids. The project is conditioned as follows: (a) Fill of up to 10 piling or anchors and removal of up to 10 piling or anchors per project is authorized; and (b) No permanent impact to wetlands is authorized. (6) Derelict and Abandoned Piling Removal. The project is conditioned as follows: (a) Removal of up to 50 piling per project is authorized; (b) Authorization includes the backfilling of native sand or other native material into holes left by piling removal; and (c) No permanent impact to wetlands is authorized. (7) Conditions for Piling or Anchor Replacement and Removal. Projects involving the fill or removal of piling or anchors are conditioned as follows: (a) Piling Material. Piling is limited to round steel piling 24 inches in diameter or smaller, steel H-piling designated as HP24 (depth of section 24 inches or less) or smaller, or untreated wood, precast concrete, or plastic piling. (b) Anchor Material. Anchor material is limited to nonleachable, inert material and cannot include solid waste. (c) Minimum Necessary. Number of piling or anchors placed must be the minimum necessary to fulfill the essential purpose. (d) Sound Attenuation for Pile Driving. A vibratory hammer must be used whenever feasible. If an impact hammer must be used to drive or proof steel piles, sound attenuation measures including cushion blocks (wood blocks between pile and hammer) and bubble curtains operated to distribute air bubbles around 100 percent of the piling for the full depth of the water column must be used: (A) If water velocity is 1.7 miles per hour or less, an unconfined bubble curtain may be used; or (B) If water velocity is greater than 1.7 miles per hour, a confined bubble curtain (e.g., bubble ring surrounded by fabric or metal sleeve) must be used. (e) Method for Removal of Piling. Removal of piling must be conducted using a vibratory method: (A) Piling must not intentionally be broken by twisting or bending; (B) Upon removal, piling must be handled to effectively contain all adhering sediment. All return flows must meet state water quality standards; and (C) Piling and containment materials must be disposed in an approved upland disposal site. (f) Piling Removal Problems in Uncontaminated Sediment. If wood piling breaks above or below the bed surface within an area of uncontaminated sediment, piling must be cut at least three feet below the bed surface or otherwise pushed into that depth, then covered with a cap of clean substrate. (g) Piling Removal Problems in Contaminated Sediment. If wood piling breaks above the bed surface within an area of known contaminated sediment, piling must be cut at the bed surface or otherwise pushed to that depth. If piling breaks in contaminated sediment below the bed surface, no further attempt at removal may be made and the hole must be covered with a cap of clean substrate. (h) Prevent Perching. Piling extending above dock or railing level must be fitted with devices to effectively prevent perching by fish-eating bird species. (i) Barge or Top of Bank Position. Piling must be placed or removed from a barge-mounted or above top-of-bank position. If barge-mounted, barge must not at any time be grounded in the bed or banks. (j) Backfilling. Placement of native sand or other native materials is required in holes left by the removal of piling unless otherwise approved by the Department. (k) Where needed, temporary placement of containment booms is allowed. Containment booms must be removed immediately following the completion of the project. 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 2-2024, amend filed 05/31/2024, effective 07/01/2024 DSL 8-2018, minor correction filed 01/03/2018, effective 01/03/2018 DSL 2-2011, f. & cert. ef. 3-1-11