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 141-093-0135 - General Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless otherwise modified by a specific GP or an authorization
				issued under a GP, the following general conditions apply:
(1) Responsible Party. The person listed on
			 the application as the applicant is responsible for the activities of all
			 contractors or other operators involved in project work covered by the
			 authorization under the GP.
(2)
			 Copy of Authorization Available for Inspection. A copy of the authorization
			 must be available at the work site whenever authorized activities are being
			 conducted.
(3) Site Access
			 Required. Employees of the Department and all authorized representatives must
			 be permitted access to the project area at all reasonable times for the purpose
			 of inspecting work performed under this authorization.
(4) Archeological Resources. If any
			 archeological sites, resources or artifacts are discovered during construction,
			 work must immediately cease and the State Historic Preservation Office must be
			 contacted.
(5) ODFW Fish Passage
			 Requirement. The authorized activity must meet Oregon Department of Fish and
			 Wildlife requirements for fish passage before commencing the project (ORS
			 509.580 through 509.901 and OAR
			 635-412-0005  through 635-412-0040).
(6) Hazards to Recreation, Navigation or
			 Fishing. The activity must be timed not to interfere with or create a hazard to
			 recreational or commercial navigation or fishing.
(7) Work Period in Jurisdictional Areas. Fill
			 or removal activities below the Ordinary High Water Line must be conducted when
			 recommended by ODFW, unless otherwise coordinated with Oregon Department of
			 Fish and Wildlife and approved in writing by DSL. Work is prohibited when fish
			 eggs are present within the reach where the authorized activities are being
			 conducted.
(8) Pre-Construction
			 Resource Area Fencing or Flagging. Prior to any site grading, the boundaries of
			 any avoided wetlands, waterways and riparian areas adjacent to the project site
			 must be surrounded by noticeable construction fencing or flagging. There will
			 be no vegetation removal or heavy equipment within marked areas. The marked
			 areas must be maintained during construction of the project and be removed
			 immediately upon project completion.
(9) Erosion Control Methods. The following
			 erosion control measures must be installed at the construction site before
			 construction and maintained during and after construction to prevent erosion
			 and minimize movement of soil into waters of this state:
(a) All exposed soils must be stabilized
			 during and after construction in order to prevent erosion and
			 sedimentation;
(b) Filter bags,
			 sediment fences, sediment traps or catch basins, leave strips or berms, or
			 other measures must be used to prevent movement of soil into waterways and
			 wetlands;
(c) To prevent erosion,
			 use of compost berms, impervious materials or other equally effective methods,
			 must be used to protect soil stockpiled during rain events or when the
			 stockpile site is not moved or reshaped for more than 48 hours;
(d) Unless part of the permanent fill, all
			 construction access points through, and staging areas in, riparian and wetland
			 areas must use removable pads or mats to prevent soil compaction. However, in
			 some wetland areas under dry summer conditions, this requirement may be waived
			 upon approval by DSL. At project completion, disturbed areas with soil exposed
			 by construction activities must be stabilized by mulching and native vegetative
			 plantings or seeding. Sterile grass may be used instead of native vegetation
			 for temporary sediment control if native vegetation is unavailable. If soils
			 are to remain exposed for more than seven days after completion of the
			 permitted work, they must be covered with erosion control pads, mats or similar
			 erosion control devices until vegetative stabilization is installed;
(e) Where vegetation is used for erosion
			 control on slopes steeper than 2:1, tackified seed mulch must be used so the
			 seed does not wash away before germination and rooting;
(f) 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;
(g) Erosion control measures must be
			 inspected and maintained as necessary to ensure their continued effectiveness
			 until soils become stabilized; and
(h) All erosion control structures must be
			 removed when the project is complete and soils are stabilized and
			 vegetated.