Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 425 - IN-WATER BLASTING PERMITS › Section 635-425-0035 - Permit Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Exhibits referenced in this rule are available from the
				  agency
Stat. Auth.: ORS
				  496.012, ORS
				  496.138, ORS
				  496.146, ORS
				  506.109, ORS
				  506.119 & ORS
				  509.140
Stats. Implemented: ORS
				  496.012, ORS
				  496.138, ORS
				  496.146, ORS
				  506.109, ORS
				  506.119 & ORS
				  509.140