635-425-0035 Permit Conditions The Department will condition each in-water blasting permit as necessary to prevent injury to fish, wildlife, and their habitat. Protective permit conditions include but are not limited to the following: (1) The applicant must clean up all debris associated with in-water blasting, including blasting wire, dynamite, boxes, etc. The Department may require the applicant to clean up debris such as fly rock. (2) If necessary to prevent injury to fish and wildlife, the permittee must divert or remove them from the site immediately before blasting, using methods approved by the Department. (3) If marine mammals are present at the blasting site, the permittee must contact the National Marine Fisheries Service to determine any steps necessary to comply with the federal Marine Mammal Protection Act, and may ask for the Department's assistance in carrying out such steps. The Department may require the permittee to pay in advance for assistance provided. (4) If the Department determines it is necessary, the permittee must conduct a pre and post blasting survey of fish and wildlife using methods approved by the Department. (5) Measures to reduce shock waves from explosives will be required if necessary to prevent injury to fish or wildlife. Examples of appropriate methods include using bubble curtains and detonation delays between charges. (6) Timing of in-water blasting must be restricted to prevent injury to fish, wildlife, and their habitat, fish eggs or other aquatic life, and commercial and recreational fisheries consistent with the Department's “Guidelines for Timing of In-Water Work to Protect Fish and Wildlife Resources” (Exhibit 1). Timing for all blasting permits must follow the Timing Guidelines unless modified by the appropriate local district fishery biologist due to the absence of fish or wildlife species or the presence of a species not adequately protected by the timing guidelines. (7) Potential pollutants incidental to the blasting work, including but not limited to fuel and other petroleum product, must be stored in such a manner and location that prevent these pollutants from entering waters of this state. (8) The permittee must minimize disturbance to streambanks and riparian vegetation. The permittee must recontour and revegetate disturbed soils to the standard set by the Department in consultation with other state or local agencies with regulatory authority over reclamation. (9) The Department may place special restrictions on blasting permits for projects that may adversely affect state threatened, endangered, or sensitive species, or federal threatened, endangered, or candidate species. (10) The Department may place special restrictions on blasting permits for projects that may adversely affect special aquatic sites, such as federal estuarine research reserves. (11) All activities initiated under an in-water blasting permit issued pursuant to OAR 635-425-0000 through 635-425-0050 must be completed within the time period specified in the permit. The Department may extend the time period specified in a permit if the permittee provides a written request stating a valid reason for such an extension. Any extension must be in writing and may include additional conditions to prevent injury to fish, wildlife, and their habitat as provided by these rules. (12) The applicant must comply with the notification requirements contained in OAR 635-425-0040. (13) The issuance of a permit does not relieve the permittee from any liability, including but not limited to liability for injury to persons, property, or fish and wildlife or their habitat. [ED. NOTE: Exhibits referenced are available from the agency] Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140 History: DFW 31-2002, f. & cert. ef. 4-16-02 FWC 134-1991, f. & cert. ef. 11-20-91