Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 412 - FISH PASSAGE › Section 635-412-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of OAR 635-412-0010 through
			 635-412-0065 the following
			 definitions shall apply.
(2)
			 "Abandonment" means to surrender, decommission, no longer use for an authorized
			 purpose, or give up control.
(3)
			 "Active channel width" means the naturally occurring cumulative stream width(s)
			 between the ordinary high water lines, or at the channel bankfull elevation if
			 the ordinary high water lines are indeterminate.
(4) "Artificial obstruction" means any dam,
			 diversion, dike, berm, levee, tide or flood gate, road, culvert or other
			 human-made device placed in the waters of this state that precludes or prevents
			 the migration of native migratory fish. Preventing the migration of native
			 migratory fish includes causing a significant delay in the time taken for
			 passage of native migratory fish.
(5) "Attraction flow" means water that flows
			 from or near a fishway entrance in sufficient quantity, velocity, and location
			 to attract fish as they migrate upstream into the fishway, which can consist of
			 gravity flow from the fish ladder and auxiliary water system flow added in or
			 near the fishway entrance.
(6)
			 "Bankfull elevation" means the point on a stream bank at which overflow into a
			 floodplain begins.
(7) "Bed" or
			 "bed and banks" means the physical container of the waters of this state,
			 bounded on freshwater bodies by the ordinary high water line or bankfull stage,
			 and on bays and estuaries by the limits of the highest measured tide.
(8) "Channel" means that portion of a natural
			 (perennial or intermittent) waterway that periodically or continuously contains
			 moving waters of this state and has a definite bed and banks that serve to
			 confine the water.
(9) "Commission"
			 means the Oregon Fish and Wildlife Commission.
(10) "Construction" with respect to
			 artificial obstructions subject to these rules, means:
(a) Original construction;
(b) Major replacement, which includes:
(A) For existing dams and diversions, either
			 a single or cumulative:
(i) Excavation or
			 replacement of 30 percent by structure volume;
(ii) Repairs, patches, or modifications to
			 over 30 percent of the area of the upstream, downstream, or top face of the dam
			 (measured above the natural ground gradeline that is used to impound water);
			 or
(iii) Repairs, patches, or
			 modifications different than the original configuration and that reduce, as
			 determined by the Department, the adequacy of fish passage including periodic
			 or seasonal replacements, unless only checkboards are replaced, or in the case
			 of existing seasonal dams or diversions, the artificial obstruction is in
			 compliance with a water right(s), other regulatory requirements, and the
			 artificial obstruction maintains an open channel connection with adequate water
			 flow and depth conditions that meet OAR
			 635-412-0035
			 (2) when instream water is available and
			 between the fish passage design streamflow range.
(B) For existing tide gates and flood gates,
			 either a single or cumulative:
(i)
			 Replacement of over 50 percent of the gate material, including hinges and the
			 gate itself if detached;
(ii)
			 Removal, fill, replacement, or addition of over 50 percent of the structure
			 supporting the gate, excluding road-stream crossing structures; or
(iii) Replacements, repairs, patches, or
			 modifications different than the original configuration and that reduce the
			 adequacy of fish passage, as determined by the Department.
(C) For existing dikes, berms, levees, roads,
			 culverts, bridges, or other artificial obstructions that segment estuaries,
			 floodplains, or wetlands, either a single or cumulative:
(i) Activity or activities defined under OAR
			 635-412-0005(10)(d)
			 in all locations where current channels cross the artificial obstruction
			 segmenting the estuary, floodplain, or wetland; or
(ii) Removal, fill, replacement, or addition
			 of over 50 percent by volume of the existing material directly above an
			 historic channel or historically-inundated area; and
(D) For other existing artificial
			 obstructions, the single or cumulative removal, fill, replacement, or addition
			 of over 50 percent of the device that impedes fish passage;
(c) Structural modifications that
			 increase storage or diversion capacity; or
(d) Installation or replacement of a roadbed,
			 culvert, or bridge that includes any activity that:
(A) Creates a road or bridge that crosses a
			 channel;
(B) Widens a roadfill
			 footprint within a channel;
(C)
			 Fills or removes over 50 percent by volume of the existing roadbed material
			 directly above a culvert, except when this volume is exclusively composed of
			 the top 1 foot of roadbed material;
(D) Installs or constructs a new road,
			 culvert, bridge, overflow pipe, apron, or wingwall within a channel;
(E) Extends existing culverts, aprons, or
			 wingwalls within a channel, except one-time placements of culvert ends which do
			 not extend greater than 1 foot beyond the adjacent road footprint;
(F) Makes either single or cumulative
			 repairs, patches, or modifications to over 50 percent of the linear length of a
			 culvert;
(G) Makes either single or
			 cumulative repairs, patches, or modifications to over 50 percent of the
			 structural volume of a bridge or its elements except when this volume is
			 exclusively composed of the traveling surface of a bridge deck;
(H) Replaces any part of a culvert, except
			 ends that become misaligned, detached, or eroded and are replaced to their
			 original configuration;
(I) At any
			 point along the linear length of an existing culvert, reduces the entire inside
			 perimeter of the culvert; or
(J)
			 Makes replacements, repairs, patches, or modifications to an existing culvert
			 or bridge that are different than the original configuration and reduce, as
			 determined by the Department, the adequacy of fish passage.
NOTE:
see Department Memorandum for clarification
				of fish passage triggers and guidelines for bridges.