Or. Admin. Code § 603-095-4020

Current through Register Vol. 63, No. 10, October 1, 2024

Section 603-095-4020 - Notification to Oregon Department of Agriculture - Districts and Persons

(1) Notwithstanding the permit requirements of ORS 196.810, a person may engage in removal-fill activities, or both, for conducting maintenance of a traditionally maintained channel without a permit from the Oregon Department of State Lands if:

(a) The person has a valid notice on file with the Oregon Department of Agriculture prior to initiating activities for the maintenance of a traditionally maintained channel; or

(b) The Department has not responded within 45 days of receiving a complete notification per ORS 196.915(3) and OAR 603-095 4020(6); and

(c) The maintenance activities are conducted in compliance with the notice described in paragraphs (a) or (b) of this subsection and with ORS 196.913 and 196.915.

(2) Notwithstanding the permit requirements of ORS 196.810, a district organized under ORS chapter 545, 547, 552 or 553 or a district improvement company or district improvement corporation organized under ORS chapter 554 may engage in removal-fill activities, or both, for conducting maintenance of a traditionally maintained channel without a permit from the Oregon Department of State Lands if:

(a) The district, company or corporation has a valid notice on file with the Oregon Department of Agriculture prior to initiating activities for the maintenance of a traditionally maintained channel; or

(b) The Department has not responded within 45 days of receiving a complete notification per ORS 196.915(3) and OAR 603-095 4020(6); and

(c) The maintenance activities are conducted in compliance with the notice described in paragraphs (a) or (b) of this subsection and with ORS 196.913 and 196.915; and

(d) The governing body of the district, company or corporation, as part of the notice filed pursuant to subsection (3) of this section, agrees to submit to the jurisdiction of the Oregon Department of State Lands and the Oregon Department of Agriculture for purposes of enforcement of ORS 196.906 to 196.919.

(3) At least 45 days prior to initiating removal-fill activities consistent with these rules and ORS 196.906 - 196.919 any person or district seeking to conduct these maintenance activities must provide notice to the Oregon Department of Agriculture. The notice submitted to the Oregon Department of Agriculture must be complete and accurate.

(4) The Department shall determine if the notice is complete and accurate within five days of receiving a notice. The notice will be considered received only when the required information is complete and accurate and the necessary forms are on file at the Oregon Department of Agriculture. The Department shall promptly return incomplete or inaccurate notifications to the submitting party, and maintenance activities under ORS 196.906 - 196.919 and these rules may not be initiated.

(5) Submitted notifications shall be completed on forms provided by the Oregon Department of Agriculture. The level of detail required may vary by maintenance activity complexity, potential impact, and other factors. In addition to any additional information required by the Department, the notice must include:

(a) A map to scale or aerial photograph, on which all maintenance activities are clearly delineated. The following information shall be shown on or accompany the map or aerial photograph:

(A) The location of and linear miles of channel to be maintained shall be clearly depicted. The start and stop points of each segment proposed for maintenance shall be identified with the latitude and longitude coordinates.

(B) The estimated volume per linear mile of material that will be removed from the channel over the five-year period.

(C) The location of all temporary and permanent areas where the fill material will be placed and a description of the placement method.

(D) For all temporary areas where material will be placed, the date by when the material will be removed, and the location of where the material will be permanently placed and a description of the placement method.

(E) If the maintenance activities will be undertaken in part by a district, company or corporation described in paragraph (1) of this section and in part by persons subject to the jurisdiction of the district, company or corporation, clearly identify which activities will be undertaken by the district, company or corporation and which activities will be undertaken by a person subject to the jurisdiction of the district, company or corporation

(b) Where more than one maintenance activity is occurring under a single notification then each activity must be delineated as described in paragraph (4)(a).

(6) The person who signed the notice shall immediately contact the Oregon Department of Agriculture and report any subsequent change to information contained in the notification. However, any additions to the locations or increase in volume of activities described in the notice shall require a separate notification. The separate notification shall be submitted prior to conducting any additional maintenance activities not covered by the original notice.

(7) Unless an application is determined to be incomplete or not eligible, the Oregon Department of Agriculture shall provide a response to a notice that is filed with the Department no later than 45 days after a complete notification is received. The response shall include any conditions in addition to those required under ORS 196.913 and OAR 605-095-4030(1), pursuant to the process described OAR 603-095-4025, for maintenance activities to occur in the traditionally maintained channel without a removal-fill permit. In addition to mandatory conditions that must be provided for each notice per OAR 603-095-4030(1), the Oregon Department of Agriculture shall include those conditions provided under ORS 196.913(2) and OAR 603-095-4025.

(8) Work as described in the notice may not commence until the notification has undergone review as described in these rules and all mandatory and required conditions for the notification are posted on the Oregon Department of Agriculture website. If the Department has not responded within 45 days of receiving a complete notification per ORS 196.915(3) and OAR 603-095 4020(7), then maintenance activities may proceed pursuant to ORS 196.913 and these rules. The five-year effective date for the valid notice starts on the date that the notification becomes valid.

(9) Valid notices posted on the Oregon Department of Agriculture website will contain all conditions required to proceed with maintenance activities for a traditionally maintained channel. Once posted to the website, a copy of the valid notice will be sent to the address on the notification via US mail and email.

(10) If a variance is granted by the Department, the terms and conditions of the variance shall be incorporated into the conditions of an amended valid notice and posted as part of the notification on the Department website.

Or. Admin. Code § 603-095-4020

DOA 17-2020, adopt filed 09/08/2020, effective 9/8/2020

Statutory/Other Authority: ORS 196.816

Statutes/Other Implemented: ORS 196.816