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Oregon Bulletin

May 1, 2012

Department of State Lands, Chapter 141

Rule Caption: State General Permit (GP) for Maintaining Drainage to Protect Agricultural Land.

Adm. Order No.: DSL 2-2012(Temp)

Filed with Sec. of State: 4-2-2012

Certified to be Effective: 4-2-12 thru 9-28-12

Notice Publication Date:

Rules Adopted: 141-093-0220, 141-093-0225, 141-093-0230, 141-093-0235, 141-093-0240

Subject: SB 600 (2011) amended the Removal-Fill Law to allow the Department of State Lands to establish by rule a general permit (GP) that allows the removal of no more than 100 cubic yards of material from waters of the state for the purpose of maintaining drainage and protecting agricultural land. The Department may also waive the fees specified in ORS 196.815 for removal taking place under the provisions of this section. The proposed rule implements this statutory change. The proposed 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. Fees are waived both for the fill and the removal.

Rules Coordinator: Elizabeth Bolden—(503) 986-5239

141-093-0220

Purpose

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.

Stat. Auth.: ORS 196.600 - 196.692 & 196.795 - 196.990
Stats. Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990
Hist.: DSL 2-2012(Temp), f. & cert. ef. 4-2-12 thru 9-28-12

141-093-0225

Eligibility Requirements

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 profit, in money, by 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).

(3) Removal of Material. The excavation is limited to the minimum amount necessary to maintain drainage within existing bed and banks. Channel relocation is not allowed.

(4) Removal Threshold. The activity is limited to no more than a total of one hundred (100) cubic yards of material from below ordinary high water or below the elevation of highest measured tide, for each landowner, per calendar year.

(5) Disposal of Excavated Material. Material removed as a result of this activity may be placed in adjacent converted wetlands as long as the effects are temporary and do not result in a permanent conversion of wetland to upland.

(6) No Removal-Fill in SSW Allowed. Removal and fill under this general permit may not occur in waterways designated State Scenic Waterway (SSW) or waterways located in SSW Related Adjacent Lands.

Stat. Auth.: ORS 196.600 - 196.692 & 196.795 - 196.990
Stats. Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990
Hist.: DSL 2-2012(Temp), f. & cert. ef. 4-2-12 thru 9-28-12

141-093-0230

GP-Specific Application Requirements

Notwithstanding 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, Highest Measured Tide for tidal waters.

(4) Disposal Location. The application must include a map of the disposal location with respect to tax lot lines and waterways within the tax lot.

Stat. Auth.: ORS 196.600 - 196.692 & 196.795 - 196.990
Stats. Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990
Hist.: DSL 2-2012(Temp), f. & cert. ef. 4-2-12 thru 9-28-12

141-093-0235

Authorized Activities

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 wetlands as a result of the project, when upland disposal is not practicable.

Stat. Auth.: ORS 196.600 - 196.692 & 196.795 - 196.990
Stats. Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990
Hist.: DSL 2-2012(Temp), f. & cert. ef. 4-2-12 thru 9-28-12

141-093-0240

General Permit-Specific Conditions

(1) General Conditions Apply. All the conditions set forth in OAR 141-093 141-093-0135 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) Operation in the Dry Required. 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.

Stat. Auth.: ORS 196.600 - 196.692 & 196.795 - 196.990
Stats. Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990
Hist.: DSL 2-2012(Temp), f. & cert. ef. 4-2-12 thru 9-28-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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