1. (1) Project Notification Required. Except as provided in OAR 141-089-0820 to 141-089-0835, a person who wishes to conduct a project (“responsible party”) must submit a complete project notification to the Department at least 30 calendar days before the responsible party wants to start the project. A complete notification is one that provides sufficient information to allow the Department to conclude that the project qualifies for a GA, contains all the information required on the form provided by the Department, all attachments required by that form, and all of the following.

   1. (a) A copy of fish passage plan authorization or no jurisdiction determination from ODFW, except for the following project types:

      1. (A) Minimal Disturbance within ESH: Investigative drilling; scientific measuring devices if not channel spanning; survey for historical resources.
      2. (B) Over-Water Structures Fill and Removal: Derelict piling removal.
      3. (C) Temporary Impacts to Wetlands and Waterways: Temporary impacts to wetlands that are above ordinary high water line or highest measured tide line; temporary placement of spud piles.
      4. (D) Waterway Bank Stabilization Using Bioengineering: Bank terracing, sloping, and reshaping; placement of large wood that is not a channel-spanning sill.
      5. (E) Waterway Habitat Improvement: Engineered log jams.
      6. (F) Wetland Ecosystem Improvement: Vegetation management; microtopography establishment; macrotopography establishment above the 100-year floodplain; removal of materials above ordinary high water line or highest measured tide line; low earthen berms and spillways above the 100-year floodplain; placement of exclusion fencing; maintenance and reconstruction of wetland ecosystem improvement structures above the 100-year floodplain.
   2. (b) Documentation of fish screen approval or other documentation from ODFW for projects including installation, maintenance, or replacement of fish screening structures under the Waterway Habitat Improvement GA (OAR 141-089-0780, et seq.) and for maintenance and reconstruction of water intake structures under the Minimal Disturbance within ESH GA (OAR 141-089-0660, et seq.).
   3. (c) Any requests for Department determinations allowed under the rules in OAR 141-089 that would authorize a GA for a project that deviates from standards otherwise adopted in rule, including sufficient information to allow the Department to make the determination authorized by rule.
2. (2) A notification not including items in subsections (1)(a) through (1)(c), when required, will be returned to the responsible party without further review by the Department.

3. (3) Review of the Notification. Within 30 calendar days of receipt, the Department will review the notification for completeness and eligibility for a GA and make one of the following determinations:

   1. (a) The notification is complete and the project is eligible under one or more individual GAs. For work below the ordinary high water line or highest measured tide line, the determination will include required timing for such work pursuant to OAR 141-089-0650(6). If the Department does not respond within 30 calendar days to a notification, the lack of response shall constitute a determination that the notification is complete and the project is eligible under one or more GAs and that any request for a determination under OAR 141-089-0640(1)(c) is denied;
   2. (b) The notification is incomplete and the responsible party must supply certain specified missing, inaccurate or insufficient information. The responsible party may submit a revised notification within 120 calendar days of the determination under this paragraph, unless instructed by the Department to do otherwise. Submission of a revised notification starts a new 30-day review.
   3. (c) The project is ineligible for certain specified reasons, which could include a conclusion that applicant did not provide sufficient information to allow the Department to conclude the project qualifies for a GA. The responsible party may then either revise the project and submit for reconsideration within 120 days of the notification or apply for any other type of removal-fill authorization for which the project may qualify. Submission of a revised notification commences a new 30-day review period.
4. (4) Closure of Incomplete or Ineligible Notifications. If a revised notification is not resubmitted within 120 calendar days of an incompleteness or ineligible determination, the Department may administratively close the file. If the Department closes the file under these circumstances, the Department will retain the application fee.
5. (5) Project Implementation. The responsible party may begin implementing the project subject to a notification upon determination by the Department under OAR 141-089-0640(3)(a) that the project is eligible.
6. (6) Revisions to a Notification. A responsible party with an unexpired, eligible notification may request, and the Department may approve, revisions to the notification. Upon submittal of a revised notification, the Department will review and make a new eligibility determination using the process described in OAR 141-089-0640(3). Revisions may be subject to additional fish passage or fish screening review by ODFW.

Statutory/Other Authority

ORS 196.600 - 196.692 & 196.795 - 196.990

Statutes/Other Implemented

ORS 196.600 - 196.692 & 196.795 - 196.990

History

DSL 2-2024, amend filed 05/31/2024, effective 07/01/2024
DSL 4-2013, f. 12-13-13, cert. ef. 1-1-14
DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12
DSL 2-2011, f. & cert. ef. 3-1-11