635-412-0060 Conditions of Approval (1) The Department may require third-party monitoring as a condition of approval. (2) Brush and trees removed in association with construction of an environmental restoration weir must be replanted with native riparian vegetation. Removal of vegetation shall not be more than required to access the project site. (3) Planting or removal of brush and trees from stream banks and riparian areas as part of an authorized project are not subject to riparian management requirements established under the Oregon Forest Practices Act. The State Forester must be notified if there is any sale, barter, or trade of timber material resulting from the removal of trees associated with the project. (4) Construction of environmental restoration weirs must be done either when the stream is dry, during the appropriate Department in-water work window, or by arrangement with the Department. (5) For streams with flowing water at the time of construction, best efforts shall be used to prevent erosion and minimize soil movement and turbidity including: (a) Stabilizing exposed soils during and after construction to prevent erosion and turbidity. To prevent erosion the Department recommends protecting soil stockpiled during rain events or when the stockpile site is not moved or reshaped for more than 48 hours by use of: (A) Compost berms; (B) Impervious materials; or (C) Other equally effective methods. (b) Unless areas are frozen solid or under dry summer conditions, all construction access points through, and staging areas in, riparian and wetland areas must use methods to prevent soil compaction, excluding the soil or materials used in the environmental restoration weir; (c) At project completion, disturbed areas with soil exposed by construction activities must be stabilized by mulching and native vegetative plantings/seeding; (d) Unless incorporated in the environmental restoration weir, dredged or other excavated material must be placed on upland areas having stable slopes and must be prevented from eroding back into waterways and wetlands; (e) The owner of the environmental restoration weir should inspect and maintain erosion control measures as necessary to ensure their continued effectiveness until soils become stabilized; (f) All erosion control structures must be removed when the project is complete, and soils are stabilized and vegetated; and (g) Unless otherwise approved by the Department based on site-specific conditions, the work area must be isolated from flowing water during construction or other methods must be in place to prevent downstream turbidity. All structures and materials used to isolate the work area must be removed immediately following construction and water flow returned to pre-construction conditions. (6) Petroleum products, chemicals, wood treated with leachable preservatives or other deleterious waste materials must not enter the qualifying stream. Machinery and equipment staging, cleaning, maintenance, refueling, parking, and fuel storage must be at least 150 feet from the stream channel to prevent contaminates from entering waters of this state. Refueling is to be confined to a designated area to prevent spillage into waters of this state. (7) Operating machinery within the stream channel should be minimized as much as possible. All machinery operated within the stream channel must be in good working order, inspected for leaks prior to each use, and maintained to prevent leakage of fuels, oils, or other fluids. (a) An appropriately sized spill kit must be on-site when operating in the stream channel, leaked fluids must be cleaned promptly, and any contaminated soils removed from the area and properly disposed of; and (b) Any equipment found to be leaking fluids must be immediately removed from and kept out of the stream channel until repaired. (8) The project must not redirect the stream channel or cause damage to property or structures adjacent, nearby, upstream, downstream, or within the project site. (9) It is the responsibility of the applicant or owner of an environmental restoration weir to comply with all necessary and required local, county, state, and federal approvals and permits. (10) Applicant or owner of the environmental restoration weir shall at all times observe and comply with all federal and state laws, including without limitation the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1536, 1538-1540), ORS 496.172 to 496.192 (Threatened and Endangered Wildlife Species), and ORS 564.100 to 564.135 (Threatened and Endangered Plants), and lawful regulations issued thereunder, and local bylaws, ordinances, and regulations, which relate to Threatened and Endangered plant or animal species while constructing and maintaining environmental restoration weirs approved by the Department. Statutory/Other Authority: ORS 509.580, ORS 509.585 & HB 2298 (2021) Statutes/Other Implemented: HB 2298 (2021) History: DFW 31-2022, adopt filed 03/23/2022, effective 03/23/2022