1. (1) Project activities must adhere to the general conditions in OAR 141-089-0650 and the following project-specific conditions:

2. (2) Temporary waterway structures for work area isolation must be placed to:

   1. (a) Maintain near-normal downstream flow for the duration of placement and return flow to preconstruction conditions at project completion.
   2. (b) Not be channel-spanning, unless otherwise approved by the Department.
   3. (c) Not be eroded by expected high flows for the duration of placement.
   4. (d) Not dewater any wetlands, unless otherwise approved by the Department as an eligible temporary impact.
   5. (e) Provide for fish and wildlife salvage, rescue, and relocation prior to commencement of any in-water work.
   6. (f) An Oregon Rescue/Salvage Permit from ODFW is required to conduct fish and wildlife salvage (OAR 635-412-0035) and additional authorization may be required from the National Marine Fisheries Service (NMFS) or U.S. Fish and Wildlife Service (USFWS) if federal Endangered Species Act (ESA)-listed species will be affected.
3. (3) Temporary placement of spud piles for construction platform anchoring may only occur where the platform will not be grounded on the bed or banks of the waterway at any time.
4. (4) Protection of Wetland Ground Surface. Before placing temporary fill in wetlands, fabric must be placed to allow complete removal of all temporary materials from the wetlands. If necessary to assist with removal of the fill, chain link fence or similar material may be placed under the fill. All fabric, fencing and other materials must be completely removed at project completion.
5. (5) Trenching in Wetlands. If there is trenching or excavation in wetlands, the top layer of soil must be separated from the rest of the excavated material and put back on top when the trench or pit is backfilled. If the native underlying soils are not used as bedding material and a coarser nonnative soil or other material is used, preventative measures such as clay or concrete plugs must be used so that underground hydraulic piping does not dewater the site and adjacent wetlands.
6. (6) Temporary Impact Rectification. Rectification of temporary impacts includes re-establishment of pre-existing contours and pre-existing vegetation.
7. (7) Timing of Temporary Wetland Impact Rectification. Notwithstanding the definition of “Temporary Impacts” in OAR 141-085-0510, the reestablishment of preconstruction contours and planting to revegetate temporarily disturbed wetland areas must be completed within 12 months of the initial impacts or before the expiration of the OAR 141-089-0640(3)(a) determination, whichever comes first, unless otherwise approved by the Department. Planting must include species of sufficient number, spacing, and diversity to replace affected aquatic functions.
8. (8) Timing of Temporary Waterway Impact Rectification. Reestablishment of preconstruction contours and planting to revegetate temporarily disturbed waterway areas must be completed immediately upon project completion or before or expiration of the OAR 141-089-0640(3)(a) determination, whichever comes first, unless otherwise approved by the Department. Planting must include species of sufficient number, spacing, and diversity to replace affected aquatic functions.

9. (9) Rectification Monitoring Report Required. Unless otherwise directed by the Department, a rectification report demonstrating restoration of predisturbance grades and revegetation must be provided to the Department within 90 days of temporary impacts rectification. The rectification report must include:

   1. (a) Cover sheet including authorization number, responsible party’s name, current contact information, monitoring date, and report submittal date.
   2. (b) A description of any deviation in the temporary impact size or locations as described in the OAR 141-089-0640(3)(a) determination. Any deviations mut be accompanied by a scaled drawing or map that illustrates the deviation area(s).
   3. (c) A description of any deviation to the restoration of preconstruction grades or revegetation.
   4. (d) For temporary wetland impacts: data plots, according to OAR 141-090, to confirm that the wetland area temporarily impacted by the project meets wetland criteria.
   5. (e) Representative photographs (with photo point locations illustrated) clearly showing conditions within the rectification area(s).

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 12-2018, minor correction filed 01/03/2018, effective 01/03/2018
DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12
DSL 2-2011, f. & cert. ef. 3-1-11