The following conditions apply to all individual GAs, unless otherwise specified in an individual GA or a notification under OAR 141-089-0640(3)(a):

1. (1) Copy of Approved Determination for Inspection. A copy of the determination under OAR 141-089-0640(3)(a) must be available at the work site whenever the project is being conducted.
2. (2) Local Government Approval Required Before Beginning Work. Prior to the start of work, the responsible party must obtain local government land use approval, where applicable.
3. (3) Lower Willamette River Management Plan (LWRMP or Plan; OAR 141-080) Consistency. For projects within the purview of the LWRMP, the project must comply with the LWRMP without the need for a minor exception, unless preapproved by the Director, or major exception as described in the Plan.
4. (4) Site Access Required. Employees of the Department and all authorized representatives must be permitted access to the project area at all reasonable times for the purpose of inspecting work performed on the project.
5. (5) Hazards to Recreation, Navigation, and Fishing. The project must be timed so as not to interfere with or create a hazard to recreational and commercial navigation and fishing.
6. (6) Work Period in Jurisdictional Areas. Project activities below the ordinary high water line or highest measured tide line must be conducted consistent with “Oregon Guidelines for Timing of In-Water Work to Protect Fish and Wildlife Resources”, Oregon Department of Fish and Wildlife, March 2024, or other recommendations provided by ODFW included in a response to a notification. Project activities are prohibited when fish eggs are present at the project site.
7. (7) Preconstruction Resource Area Fencing or Flagging. Prior to any site grading, the boundaries of any avoided wetlands, waterways, and riparian areas adjacent to the project site must be surrounded by noticeable construction fencing or flagging. There must be no vegetation removal or heavy equipment within marked areas. The marked areas must be maintained during construction of the project and be removed immediately upon project completion.

8. (8) Erosion Control Methods. The following erosion control measures must be installed at the project site prior to construction and maintained during and after construction to prevent erosion and minimize movement of soil into waters of this state:

   1. (a) All exposed soils must be stabilized during and after construction in order to prevent erosion and sedimentation;
   2. (b) Filter bags, sediment fences, sediment traps or catch basins, leave strips or berms, or other measures must be used to prevent movement of soil into waterways and wetlands;
   3. (c) To prevent erosion, use of compost berms, impervious materials, or other equally effective methods, must be used to protect soil stockpiled during rain events or when the stockpile site is not moved or reshaped for more than 48 hours;
   4. (d) Unless part of the permanent fill, all construction access points through, and staging areas in, riparian and wetland areas must use removable pads or mats to prevent soil compaction. However, in some wetland areas under dry summer conditions, this requirement may be waived upon approval by the Department. At project completion, disturbed areas with soil exposed by construction activities must be stabilized by mulching and native vegetative plantings/seeding. Sterile grass may be used instead of native vegetation for temporary sediment control if native vegetation is unavailable. If soils are to remain exposed for more than seven days after completion of the permitted work, they must be covered with erosion control pads, mats, or similar erosion control devices until vegetative stabilization is installed;
   5. (e) Where vegetation is used for erosion control on slopes steeper than 2:1, tackified seed mulch must be used so the seed does not wash away before germination and rooting;
   6. (f) Dredged or other excavated material must be placed on upland areas having stable slopes and must be prevented from eroding back into waterways and wetlands;
   7. (g) Erosion control measures must be inspected and maintained as necessary to ensure their continued effectiveness until soils become stabilized; and
   8. (h) All erosion control structures must be removed when the project is complete and soils stabilized and vegetated. If necessary, removal of erosion control structures may be performed after expiration of the approved OAR 141-089-0640(3)(a) determination.
9. (9) Hazardous, Toxic, and Waste Material Handling. Petroleum products, chemicals, fresh cement, sandblasted material and chipped paint, wood treated with leachable preservatives or other deleterious waste materials must not be allowed to enter waters of this state. Machinery refueling is to occur at least 150 feet from waters of this state and confined in a designated area to prevent spillage into waters of this state. Barges must have a containment system to effectively prevent petroleum products or other deleterious material from entering waters of this state. Project-related spills into waters of this state or onto land with a potential to enter waters of this state must be reported to the Oregon Emergency Response System (OERS) at 1-800-452-0311.
10. (10) Archaeological Resources. If any archaeological resources, artifacts, or human remains are encountered during construction, all construction activity must immediately cease, and the State Historic Preservation Office must be contacted. The responsible party may be contacted by a Tribal representative if it is determined by an affected Tribe that the project could affect Tribal cultural or archeological resources.
11. (11) Construction Corridor. There must be no removal of vegetation or heavy equipment operating or traversing outside the designated construction corridor or footprint.
12. (12) Raising or Redirecting Water. The project must not cause water to rise or be redirected and result in damage to structures or property.
13. (13) Waste Disposal. Old piling, spoil material, and other waste material discarded by the project must be disposed of in an appropriate disposal facility. There must be no temporary storage of piling, spoils, or other waste material below top of bank, in any wetland, Federal Emergency Management Administration designated floodway, or an area historically subject to landslides. For the purposes of this general condition, “spoil material” means any material displaced by construction (e.g., soil, sand, gravel, etc.) and is not intended to be re-incorporated into the project.

14. (14) Operation of Equipment in the Water.

    1. (a) Heavy equipment may be positioned on or traverse the project area below ordinary high water line or highest measured tide line only when the project area is free of flowing or standing water or if the area is isolated from the waterway and aquatic organism salvage is completed. For the purposes of this general condition, “aquatic organism” means all fish species (including lamprey), freshwater mussels, clams, and crayfish; and any other species as may be identified in a Rescue/Salvage Permit.
    2. (b) All machinery operated below ordinary high water line or highest measured tide line must use biodegradable hydraulic fluids, be steam cleaned and inspected for leaks prior to each use, and be diapered to prevent leakage of fuels, oils, or other fluids below ordinary high water line or highest measured tide line. Any equipment found to be leaking fluids must be immediately removed from and kept above the ordinary high water line or highest measured tide line until repaired.
15. (15) Fish Passage Required. The project must meet ODFW requirements for fish passage, ORS 509.585.
16. (16) Temporary Ground Disturbances. Unless otherwise approved by the Department, all temporarily disturbed project areas must be returned to original ground contours and seeded upon completion of ground disturbing actions, and planted with woody vegetation, as appropriate, by March of the year following construction completion.
17. (17) Nonnative Species. The project will not involve the introduction of nonnative plants other than for temporary soil stabilization. Native seed mixes are preferred. When native seed mix is not available, nonnative seed mix that will hold the soil and not persist may be used if certified free of noxious weeds.
18. (18) Irrigation. Where power and irrigation water can be made available, irrigation must be provided as necessary until vegetation is established. Irrigation structures must be removed when no longer needed. Invasive weed control must additionally be provided until native vegetation is established.
19. (19) Invasive Species. Persons must control invasive species and comply with Oregon’s weed laws (ORS Chapters 452, 561, and 570).
20. (20) DSL May Halt or Modify. DSL retains the authority to temporarily halt or modify the project in case of unforeseen damage to natural resources.

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 3-2012, f. 9-28-12, cert. ef. 9-29-12
DSL 2-2011, f. & cert. ef. 3-1-11