reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0175 - Minor Removal-Fill Impacts - GP-Specific Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General Conditions Apply. All the
			 requirements, procedures and conditions set forth in OAR 141-093-0135  apply to
			 this GP.
(2) Proof of Mitigation
			 Purchase. Before an authorization is approved, the Department must have proof
			 of purchase of wetland mitigation bank credit, in-lieu fee credit purchase, or
			 payment of the correct in-lieu amount.
Statutory/Other Authority: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0180 - Jackson County Vernal Pools - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this General Permit (GP) is to provide an
				expedited authorization for certain projects that involve removal-fill
				activities in vernal pool wetlands in Jackson County, Oregon. This GP includes
				a mitigation framework to address the Department's interest in conserving and
				maintaining the rare species function of vernal pool wetlands. It is also in
				alignment with the regulatory tools established by the U.S. Fish and Wildlife
				Service (USFWS) and the U.S. Army Corps of Engineers in administering the
				federal Endangered Species Act (ESA) and Clean Water Act, respectively. This GP
				authorizes removal-fill in vernal pool wetlands and other specific waters, as
				well as removal-fill activities necessary to conduct
				mitigation.
Statutory/Other Authority: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0185 - Jackson County Vernal Pools - Expiration

Current through Register Vol. 63, No. 7, July 1, 2024
This GP will expire on January 1, 2026 or when a combined total
				of 60 acres of vernal pool wetlands (up to 300 acres of vernal pool habitat
				complex) or other associated waters have been impacted, whichever occurs first.
				Upon expiration, the GP may be reviewed and modified or reissued.
Statutory/Other Authority: ORS
				  196.600  - 196.692 & 196.795 - 196.990
Statutes/Other Implemented: ORS
				  196.600  - 196.692 & 196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0187 - Jackson County Vernal Pools - Review Process for Authorizing Projects

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0190 - Jackson County Vernal Pools - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0195 - Jackson County Vernal Pools - Eligibility Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0200 - Jackson County Vernal Pools - Mitigation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General Requirements. Mitigation may be
			 accomplished by either permittee responsible mitigation projects or by
			 purchasing credits from an established mitigation bank. Mitigation must be
			 conducted according to the following general requirements:
(a) Out-of-kind mitigation is not allowed for
			 vernal pool impacts;
(b) All
			 mitigation projects must meet the ratios and site suitability criteria
			 described in this section.
(c)
			 Mitigation for vernal pool impacts must consist of either protect and manage or
			 restore and manage, or both. Neither enhancement of existing wetland nor
			 creation of wetlands where they did not previously occur is recognized as
			 suitable mitigation for this GP;
(d) Combination credits may be used only once
			 (for wetlands or ESA species separately or for an impact that requires both
			 types); and
(e) The amount of
			 mitigation required to offset impacts to waters of the state depends on both
			 the mitigation site base ratios and the impact site multipliers, as described
			 in this section.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0205 - Jackson County Vernal Pools - Specific Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0215 - Jackson County Vernal Pools - Specific Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General Conditions Apply. All the
			 requirements, procedures and conditions set forth in OAR 141-093-0105  through
			 141-093-0135  apply to this GP, unless otherwise specified in this GP.
(2) Proof of Mitigation Purchase. Before an
			 authorization is approved, the Department must have proof of purchase of
			 wetland mitigation bank credit, in-lieu fee credit purchase, or cash payment of
			 the correct in-lieu amount.
(3)
			 Long-Term Protection of Mitigation Sites Required. The mitigation site shall be
			 protected in perpetuity pursuant to OAR 141-085-0695, using an instrument
			 approved by the Department. There must be no wetland impacts until the approved
			 instrument is fully executed.
(4)
			 Post-Construction Report Required. For restore and manage sites, a
			 post-construction report demonstrating as-built conditions and discussing any
			 variation from the approved plan must be provided to the Department within 90
			 days of mitigation site grading. The post-construction report must include:
(a) A scaled drawing, accurate to 6-inch
			 elevation, showing the finished contours of the mitigation site;
(b) A narrative that describes any deviation
			 from the approved mitigation plan; and
(c) A copy of the fully executed long-term
			 protection instrument.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0220 - Maintenance Drainage - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0225 - Maintenance Drainage - Eligibility Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
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).
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0230 - Maintenance Drainage - Specific Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0235 - Maintenance Drainage - Authorized Activities

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0240 - Maintenance Drainage - Specific Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0245 - Maintenance Drainage - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0250 - Maintenance Dredging - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0255 - Maintenance Dredging - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0260 - Maintenance Dredging - Eligibility Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0265 - Maintenance Dredging - Specific Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0270 - Maintenance Dredging - Authorized Activities

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0275 - Maintenance Dredging - Specific Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General Conditions Apply. All
			 requirements, procedures and conditions set forth in OAR 141-093-0135  (General
			 Conditions) apply to this General Permit, except as follows:
(a) General Condition (8) Pre-construction
			 Resource Area Fencing or Flagging does not apply; and
(b) General Condition (9) Erosion Control
			 Methods applies only to maintenance dredging activity involving upland
			 placement of material.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0280 - Maintenance Dredging - Term and Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0285 - Certain Ocean Renewable Energy Facilities - GP-Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0290 - Certain Ocean Renewable Energy Facilities - GP-Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0295 - Certain Ocean Renewable Energy Facilities - GP-Eligibility Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Activities authorized by this General Permit must meet all of
				the following requirements:
(1)
			 Research project or demonstration project only.
(2) Project must have completed a JART
			 pre-application meeting pursuant to OAR 141-140 and have a recommendation from
			 the JART for processing under this General Permit.
(3) Projects must be wholly located within
			 one of the following zones as designated in the Territorial Sea Plan, Part 5,
			 Appendix B:
(a) Renewable Energy Facility
			 Suitability Study Area (REFSSA);
(b) Renewable Energy Permit Areas (REPA);
			 or,
(c) Resources and Uses
			 Management Areas (RUMA).
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0300 - Certain Ocean Renewable Energy Facilities - GP-Specific Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to application requirements pursuant to
				141-093-0105, the applicant must provide the following information in an
				application:
(1) A JART recommendation
			 for processing the proposed project under this General Permit.
(2) Map clearly illustrating location of the
			 proposed ocean renewable energy facility placement relative to a REFSSA, REPA
			 or RUMA.
(3) A completed Resource
			 Inventory and Effects Evaluation pursuant to Part Five of the Territorial Sea
			 Plan. For proposed projects within a RUMA, the Resource Inventory and Effects
			 Evaluation must clearly demonstrate no significant adverse effects on
			 inventoried marine resources and uses. Pursuant to the Territorial Sea Plan,
			 Part Five D., a Resource Inventory and Effects Evaluation is not required for
			 proposed projects located at the NW National Marine Renewable Energy Center-
			 Mobile Ocean Test Berth.
(4)
			 Description of how project meets the definition of "demonstration project" or
			 "research project" as defined in this Rule.
(5) Project description including:
(a) Description and quantity of all project
			 components including anchoring system and other fixed components, tethering and
			 floating components.
(b) Area of
			 ocean floor to be covered by anchors and any other equipment to be affixed to
			 the ocean floor.
(c) Methods and
			 timing for facility deployment and recovery.
(d) Identification of any project components
			 expected to be decommissioned in-place.
(e) Scaled plan view and cross-section
			 drawings including the maximum ocean surface area that the facility will occupy
			 considering drift area of floating components.
(f) Facility inspection and contingency plan
			 describing nature and timing of inspections and contingency plans for events
			 including but not limited to: sinking or disconnection of floating components,
			 substantive movement of anchors from the point of placement, entanglement of
			 fishing gear, any release of fluids or any exposure of any buried components.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0305 - Certain Ocean Renewable Energy Facilities - GP-Authorized Activities

Current through Register Vol. 63, No. 7, July 1, 2024
This General Permit authorizes the placement and removal of
				ocean renewable energy facilities in the territorial sea for the purpose of
				research or demonstration in an area not to exceed 53 contiguous acres per
				project, measured as the surface expression of a vertical column between the
				ocean surface and the ocean floor. Cables, pipes or conduit extending from the
				facility to the ocean shore are not included in the 53-acre
				limitation.
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
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0310 - Certain Ocean Renewable Energy Facilities - GP- Specific Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 requirements, procedures and conditions set forth in OAR 141-093-135 (General
			 Conditions) apply to this General Permit, except as follows:
(a) General Condition (5) ODFW Fish Passage
			 Requirement;
(b) General Condition
			 (8) Pre-Construction Resource Area Fencing or Flagging;
(c) General Condition (9) Erosion Control
			 Methods; and
(d) General Condition
			 (11) Raising or Redirecting Water
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 95 - STATE AGENCY COORDINATION PROGRAM › Section 141-095-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This division
			 adopts the Department of State Lands state agency coordination program entitled
			 "A Program for Coordinating DSL's Activities with Oregon's Cities and Counties,
			 Tribal Governments, Federal and State Agencies, and Special Districts" pursuant
			 to ORS 197.180 and chapter 660,
			 divisions 030 and 031.
(2) The four
			 required elements of a state agency coordination program listed in ORS
			 197.180(3)(a)-(d)
			 and OAR 660-030-0060(2)(a)-(d)  are an agency's:
(a) Rules and summaries of programs
			 determined to affect land use (i.e., land use programs);
(b) Exempt and compatible land use programs
			 and procedures for assuring that such programs will comply with the statewide
			 planning goals and be compatible with acknowledged comprehensive plans and land
			 use regulations;
(c) Procedures for
			 coordinating its land use programs with state and federal agencies, and special
			 districts; and
(d) Program for
			 cooperation with and technical assistance to local governments.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 95 - STATE AGENCY COORDINATION PROGRAM › Section 141-095-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of this division, the definitions contained in
				ORS 197.015,
				273.006 and
				274.005 shall apply. In
				addition, the following definitions shall apply:
(1) "Acknowledgment" means that a local
			 government comprehensive plan and land use regulations, land use regulation or
			 plan or regulation amendment complies with the statewide planning
			 goals.
(2) "Board" means the State
			 Land Board consisting of the Governor of Oregon, State Treasurer and Secretary
			 of State.
(3) "Certification" is an
			 order issued by the Land Conservation and Development Commission finding that a
			 state agency's coordination program satisfies the requirements of ORS
			 197.180(3)(a)-(d)
			 and OAR 660-030.
(4) "Commission"
			 means the Land Conservation and Development Commission (LCDC). The staff of
			 LCDC is the Department of Land Conservation and Development (DLCD).
(5) "Compatibility with Comprehensive Plans"
			 as used in ORS 197.180 means that a state
			 agency has taken actions pursuant to OAR 660-030-0070, including following
			 procedures in its coordination program where certified, and there are no
			 remaining land use conflicts between the adoption, amendment or implementation
			 of the agency's land use program and an acknowledged comprehensive
			 plan.
(6) "Compliance with the
			 Goals" means that a state agency's land use programs and actions must comply
			 with the applicable requirements of the statewide planning goals pursuant to
			 OAR 660-030-0065.
(7) "Consistency
			 with Comprehensive Plans" shall have the same meaning as the term
			 "compatibility" as provided in section (5) of this rule and OAR
			 660-030-0070.
(8) "Coordination" as
			 used in ORS 197.015(5)
			 means the needs of all levels of government, semipublic and private agencies
			 and the citizens of the State of Oregon have been considered and accommodated
			 as much as possible.
(9)
			 "Department" means the Department of State Lands (DSL).
(10) "Director" means the director of the
			 Department of State Lands
(11)
			 "Goals" or "Statewide Planning Goals" means the mandatory statewide planning
			 standards adopted by the Land Conservation and Development Commission pursuant
			 to ORS chapters 195, 196 and 197.
(12) "Rules and Programs Affecting Land Use"
			 or "State Agency Land Programs":
(a) Are a
			 state agency's rules and programs which are:
(A) Specifically referenced in the statewide
			 planning goals; or
(B) Reasonably
			 expected to have significant effects on:
(i)
			 Resources, objectives or areas identified in the statewide planning goals;
			 or
(ii) Present or future land use
			 identified in acknowledged comprehensive plans.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 95 - STATE AGENCY COORDINATION PROGRAM › Section 141-095-0015 - Applicability of State Agency Coordination Program to Department Rules and Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 division and the applicable provisions of ORS
			 197.180 and OAR chapters 660,
			 division 030 shall apply to all department land use programs referenced in the
			 department's state agency coordination program adopted pursuant to
			 141-095-005(1) and to any future or subsequently amended department rule or
			 program determined to affect land use in accordance with
			 141-095-0010(12).
(2) Before taking
			 any action to adopt, amend or implement a department land use program, the
			 director shall confirm whether the proposed action will affect land use, and if
			 so assure that all applicable provisions of the department's state agency
			 coordination program are followed. Of particular importance is for the director
			 to assure that the proposed action affecting land use is compatible with the
			 affected local government(s) acknowledged comprehensive plan(s) and land use
			 regulations, and where necessary, complies with the statewide planning goals
			 and applicable rules in OAR chapter 660.
(3) The director shall review and take other
			 actions as needed to ensure that all department land use programs, including
			 applicable administrative rules in OAR chapters 141 and 142, are consistent
			 with and will be carried out in accordance with the department's state agency
			 coordination program and the provisions OAR 141-095.
(4) The director where necessary shall
			 recommend revisions and other appropriate actions to the State Land Board to
			 revise existing department land use programs and applicable administrative
			 rules to comply with OAR 141-095-0015(3).
(5) The director as needed shall consult with
			 and request assistance from the Department of Land Conservation and Development
			 in carrying out OAR 141-095-0015(2)-(4)  and any related sections of the
			 department's state agency coordination program.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 196, 197, 273, 274
Stats. Implemented: ORS 196,
				  197.180, 273, 274
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 100 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL FILL PERMITS IN STATE SCENIC WATERWAYS › Section 141-100-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				390.835(2) and
				(3), these rules establish procedures for the
				consideration and processing of permit applications for fill, removal and other
				alterations of the beds and banks of a State Scenic Waterway and in
				jurisdictional waters within related adjacent lands.
Stat. Auth.: ORS
				  196.600 -
				  196.692,
				  196.795 -
				  196.990,
				  390.805 -
				  390.925
Stats. Implemented: ORS
				  196.600 -
				  196.692,
				  196.795 -
				  196.990,
				  390.805 -
				  390.925
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 100 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL FILL PERMITS IN STATE SCENIC WATERWAYS › Section 141-100-0020 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
The Department will:
(1) Preserve. Preserve the natural setting
			 and free-flowing character of State Scenic Waterways and related adjacent lands
			 for recreation, fish and wildlife uses for present and future benefit to the
			 public.
(2) Recognize Best Use of
			 Waters. Recognize recreation, fish and wildlife uses as the highest and best
			 uses of the waters of a State Scenic Waterway.
(3) Protect. Protect the outstanding scenic,
			 geological, botanical, historic, archaeological, outdoor recreation and fish
			 and wildlife values along State Scenic Waterways by protecting the special
			 attributes (as listed in each Scenic Waterway Management Plan prepared by OPRD)
			 that caused the waterway to be included in the Scenic Waterway
			 system.
(4) Require Non-structural
			 Techniques. Require applicants to employ streambank stabilization and
			 rehabilitation techniques utilizing native riparian vegetation and other
			 non-structural alternatives, unless it can be demonstrated such approaches are
			 unlikely to be effective for the given situation under consideration by the
			 Department.
(5) Require Permits
			 Prohibit filling, removal and alteration of the beds and banks of State Scenic
			 Waterways, except as provided under OAR 141-100-0035, unless a permit is issued
			 by the Director as provided in these rules.
(6) Cooperate with Local, State and Federal
			 Agencies. Recognize the interrelated nature of regulatory activities affecting
			 State Scenic Waterways and the need to achieve coordinated management and
			 protection of State Scenic Waterway values. The Department shall work in close
			 cooperation with state, local and federal agencies, particularly OPRD, Water
			 Resources Department (WRD), Department of Environmental Quality (DEQ), Oregon
			 Department of Fish and Wildlife (ODFW), U.S. Army Corps of Engineers (COE),
			 affected tribes, and local government land use planning agencies.
(7) Provide for Public Comment. Recognize the
			 high level of public interest in State Scenic Waterway management by providing
			 opportunities for comment on proposed policies or rules and individual
			 applications.
(8) Ensure
			 Compatibility with Land Use. Adhere to the Department's State Agency
			 Coordination Plan (OAR 141-095-0005  through 141-095-0015), to assure compliance
			 with the statewide planning goals and compatibility with acknowledged city and
			 county comprehensive land use plans.
Stat. Auth.: ORS
				  196.600 -
				  196.692,
				  196.795 -
				  196.990,
				  390.805 -
				  390.925
Stats. Implemented: ORS
				  196.600 -
				  196.692,
				  196.795 -
				  196.990,
				  390.805 -
				  390.925
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 100 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL FILL PERMITS IN STATE SCENIC WATERWAYS › Section 141-100-0030 - Coordination with Key Agencies Involved in Scenic Waterway Management

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Cooperative
			 Effort. Managing the State Scenic Waterway Program is a cooperative effort of
			 the OPRD, WRD and the Department. In addition, ODFW, DEQ, the Department of
			 Forestry (DOF) and the Oregon State Marine Board play key roles. Therefore, the
			 Department will:
(a) Coordinate the review
			 and issuance of all State Scenic Waterway removal-fill permits with the
			 affected state agencies;
(b)
			 Coordinate the investigation of alleged State Scenic Waterway removal-fill
			 violations with affected agencies;
(c) Advise applicants of the need to obtain
			 concurrence from OPRD for projects on related adjacent lands; and
(d) Seek to utilize the expertise of other
			 state agency's staff.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 100 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL FILL PERMITS IN STATE SCENIC WATERWAYS › Section 141-100-0035 - Exemptions from Permit Requirements in State Scenic Waterways

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prospecting. A
			 permit will not be required for non-motorized methods of recreational
			 prospecting resulting in filling, removing or moving by artificial means less
			 than one cubic yard of material at any one individual site and, cumulatively,
			 not more than five cubic yards of material from within the bed or wet perimeter
			 of any single State Scenic Waterway in a single year. Recreational prospecting
			 is prohibited from any site where fish eggs are present.
(2) Oregon Department of Fish and Wildlife
			 (ODFW). ODFW may construct facilities or make improvements to facilitate the
			 passage or propagation of fish and exercise other responsibilities in managing
			 fish and wildlife resources.
(3)
			 Oregon Water Resources Department (OWRD). OWRD may construct and maintain
			 stream gauge stations and other facilities related to OWRD's duties in the
			 administration of the water laws.
Stat. Auth.: ORS
				  196.600 -
				  196.692,
				  196.795 -
				  196.990,
				  390.805 -
				  390.925
Stats. Implemented: ORS
				  196.600 -
				  196.692,
				  196.795 -
				  196.990,
				  390.805 -
				  390.925
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 100 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL FILL PERMITS IN STATE SCENIC WATERWAYS › Section 141-100-0040 - Permit Types

Current through Register Vol. 63, No. 7, July 1, 2024
Unless exempt under OAR 141-100-0035, one of the following
				types of permits is required prior to undertaking any amount of removal-fill
				activity within the bed and banks of a State Scenic Waterway and in waters of
				this state on related adjacent lands:
(1) State Scenic Waterway Individual
			 Removal-fill Permit; or
(2) State
			 Scenic Waterway Emergency Removal-fill Permit.
Stat. Auth.: ORS
				  196.600 -
				  196.692,
				  196.795 -
				  196.990,
				  390.805 -
				  390.925
Stats. Implemented: ORS
				  196.600 -
				  196.692,
				  196.795 -
				  196.990,
				  390.805 -
				  390.925