Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0550 - Application Requirements for Individual Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Written Application
			 Required
. A person who is required to have an individual permit to
			 remove material from the bed or banks, or fill any waters of this state, must
			 file a written application with the Department for each individual project. A
			 permit must be issued by the Department before performing any regulated
			 removal-fill activity.
(2)
Complete and Accurate Information Required
. Failure to provide
			 complete and accurate information in the application may be grounds for
			 administrative closure of the application file or denial, suspension or
			 revocation of the authorization.
(3)
Fee Required for a Complete
			 Application
. For an application to be determined complete, the
			 Department must have received the appropriate fee.
(4)
Level of Detail Required May
			 Vary
. The applicant is responsible for providing sufficient detail in
			 the application to enable the Department to render the necessary determinations
			 and decisions. The level of documentation may vary depending on the degree of
			 adverse impacts, the level of public interest and other factors that increase
			 the complexity of the project.
(5)
Required Information
: A completed and signed application on
			 current forms provided by the Department, including any maps, necessary photos
			 and drawings, is required. The information must be entered in the appropriate
			 blocks on the application form. The Department may require the applicant to
			 submit any or all application materials electronically. The application must
			 include all of the following:
(a) Applicant
			 information including name, mailing address, phone number and e-mail address.
			 When the applicant is a business entity, the business must be registered with
			 the Oregon Secretary of State Corporate Division. The exact name of the
			 business entity, as listed with Secretary of State Corporate Division, must be
			 entered on the application.
(b)
			 Landowner information including name and mailing address where any removal-fill
			 activity is proposed, and if applicable, where permittee-responsible
			 compensatory mitigation is proposed.
(A) For
			 the construction of a new linear facility, the applicant must provide a
			 complete list of landowner names and mailing addresses for all landowners whose
			 land is identified in the permit application within the alignment of the new
			 linear facility. Mailing labels must be provided when there are more than five
			 landowners listed in the application.
(B) For the purpose of this rule, a condemner
			 is the landowner when:
(i) If using state
			 condemnation authority, the condemner has complied with ORS Chapter 35, filed
			 an eminent domain action in court and deposited the condemner's estimate of
			 just compensation with the court for the use and benefit of the defendants, or
			 it has a court's order authorizing its possession of the land; or
(ii) If using federal authority, the
			 condemner has complied with Federal Rules of Civil Procedure 71.1 and, if other
			 than the United States, has a court's order authorizing its possession of the
			 land.
(c)
			 Project site location information including Township, Range, Quarter-quarter
			 Section and Tax Lot(s), latitude and longitude, street location if any, and
			 location maps with site location indicated.
(d) The location of any off-site disposal or
			 borrow sites, if these sites contain waters of this state.
(e) Project information including:
(A) Description of all removal-fill
			 activities associated with the project;
(B) Demonstration of independent utility to
			 include all phases, projects or elements of the proposed project which will
			 require removal-fill activities;
(C) Volumes of fill and removal within
			 jurisdictional areas expressed in cubic yards;
(D) Area of removal and fill within
			 jurisdictional areas expressed in acres to the nearest 0.01-acre for impacts
			 greater than 0.01 of an acre or expressed in acres to the nearest 0.001-acre
			 for impacts less than 0.01 of an acre; and
(E) Description of how the project will be
			 accomplished including construction methods, site access and staging
			 areas.
(f) A description
			 of the project purpose and need for the removal or fill. All projects must have
			 a defined purpose or purposes and the need for removal or fill activity to
			 accomplish the project purpose must be documented. The project purpose
			 statements and need for the removal or fill documentation must be specific
			 enough to allow the Department to determine whether the applicant has
			 considered a reasonable range of alternatives.
(g) Project plan views and cross-sectional
			 views drawn to scale that clearly identify the jurisdictional boundaries of the
			 waters of this state (e.g., wetland delineation or ordinary high water
			 determination). Project details, such as work area footprint, impact area and
			 approximate property boundaries must also be included so that the amount and
			 extent of the impact to jurisdictional areas can be readily
			 determined.
(h) A written analysis
			 of potential changes that the project may make to the hydrologic
			 characteristics of the waters of this state, and an explanation of measures
			 taken to avoid or minimize any adverse impacts of those changes, such as:
(A) Impeding, restricting or increasing
			 flows;
(B) Relocating or
			 redirecting flow; and
(C) Potential
			 flooding or erosion downstream of the project.
(i) A description of the existing biological
			 and physical characteristics of the water resources, along with the
			 identification of the adverse impacts that will result from the
			 project.
(j) A description of the
			 navigation, fishing and public recreation uses, when the project is proposed on
			 state-owned land.
(k) If the
			 proposed activity involves wetland impacts, a wetland determination or
			 delineation report that meets the requirements in OAR 141-090 must be
			 submitted, unless otherwise approved in writing by the Department. A wetland
			 delineation is usually required to determine the precise acreage of wetland
			 impact and compensatory wetland mitigation requirements. Whenever possible,
			 wetland determination and delineation reports should be submitted for review
			 well in advance of the permit application. Although an approved wetland
			 delineation report is not required for application completeness, a
			 jurisdictional determination must be obtained prior to the permit
			 decision.
(l) Functions and values
			 assessments that meets the requirements in OAR 141-085-0685  when permanent
			 impacts to waters of this state are proposed.
(m) Any information known by the applicant
			 concerning the presence of any federal or state listed species.
(n) Any information known by the applicant
			 concerning historical, cultural and archeological resources. Information may
			 include but is not limited to a statement on the results of consultation with
			 impacted tribal governments and/or the Oregon State Historic Preservation
			 Office of the Oregon Parks and Recreation Department.
(o) An analysis of alternatives to derive the
			 practicable alternative that has the least reasonably expected adverse impacts
			 on waters of this state. The alternatives analysis must provide the Department
			 all the underlying information to support its considerations enumerated in OAR
			 141-085-0565, such as:
(A) A description of
			 alternative project sites and designs that would avoid impacts to waters of
			 this state altogether, with an explanation of why each alternative is, or is
			 not practicable, in light of the project purpose and need for the fill or
			 removal;
(B) A description of
			 alternative project sites and designs that would minimize adverse impacts to
			 waters of this state with an explanation of why each alternative is, or is not
			 practicable, in light of the project purpose and need;
(C) A description of methods to repair,
			 rehabilitate or restore the impact area to rectify the adverse impacts;
			 and
(D) A description of methods to
			 further reduce or eliminate the impacts over time through monitoring and
			 implementation of corrective measures.
(p) If applicable, a complete compensatory
			 mitigation plan that meets the requirements listed in OAR 141-085-0680  through
			 141-085-0715  to compensate for unavoidable permanent impacts to waters of this
			 state and a complete rehabilitation plan if unavoidable temporary impacts to
			 waters of this state are proposed.
(q) For each proposed removal-fill activity
			 and physical mitigation site applied for in the application, a list of the
			 names and addresses of the adjacent landowners, including those properties
			 located across a street or stream from the proposed project.
(A) For a new linear facility, the applicant
			 must provide a list of the names and mailing addresses of the adjacent
			 landowners for the new linear facility.
(B) Mailing labels must be provided by the
			 applicant, when there are more than five names and addresses of adjacent
			 landowners listed.
(r) A
			 signed local government land use affidavit.
(s) A signed Coastal Zone Certification
			 statement, if the project is in the coastal zone.
(t) Applicant Signature. Signature of the
			 applicant must be provided. If the application is on behalf of a business
			 entity, a certificate of incumbency must be provided to certify that the
			 individual signing the application is authorized to do so.
(u) Landowner Signature. If the applicant is
			 not the landowner upon which the removal-fill activity (including mitigation)
			 is to occur and does not hold an easement allowing the activity on that land, a
			 written authorization from the owner of the land consenting to the application
			 must be provided.
(A) Notwithstanding the
			 requirement set forth under Subsection (u) above, a landowner signature is not
			 required for applications for the construction and maintenance of linear
			 facilities; and
(B) The condemner
			 may sign as landowner when the requirements of OAR 141-085-0550(5)(b)(B)  have
			 been met.
(v) Mitigation
			 Site Landowner Signature. If the applicant is not the owner of the land upon
			 which the mitigation is to occur and does not hold an easement allowing the
			 activity on that land, a written authorization from the owner of the land
			 consenting to the application must be provided.
(w) Inventory and Evaluation if Related to
			 Marine Resources or Removal-Fill in Oregon's Territorial Sea. An application
			 for a permit related to marine resources or removal-fill in the territorial sea
			 must include all of the information required by the applicable Part of the
			 Territorial Sea Plan. The resource inventory and effects evaluation must be
			 provided as a stand-alone attachment to the applicant's Joint Permit
			 Application.