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Public Notice: Rulemaking and Hearing
For the proposed General Authorization for the
Placement of Large Wood and Boulders (Expedited)
141-089-0350 - 0390
The Department of State Lands (DSL) is circulating this notice as required by ORS 196.850. These proposed rules will be adopted on April 1, 2008.
Statement of Need and Fiscal Impact filed with the Secretary of State's Office 
Description of Proposal
DSL is proposing to establish an expedited General Authorization (GA) for the placement of large wood, placement of boulders in bedrock-dominated systems, and placement of spawning gravel to improve fish habitat conditions. The process to obtain authorization would be to notify the agency on the GA application and obtain an approval from the agency before starting the activity. The application would not go out for public review. DSL review will occur within 15 days instead of the current 40 days allowed under the existing GA process.
Findings
This General Authorization is made pursuant to ORS 196.850, and is based on the determination that authorized activities are similar in nature, and when conducted in accordance with this general authorization, will not result in long-term harm to water resources of this state and will cause only minimal individual and cumulative environmental impacts.
Proposed conditions to minimize environmental impacts
(1) To be eligible a project must:
(a) Be constructed for the purpose of improving fish habitat and consist of one of the following activities, as defined in 141-089-0360;
(A) The placement of unanchored large wood,
(B) The placement of boulders to stabilize large wood,
(C) The placement of boulders to improve habitat complexity, or
(D) The placement of spawning gravel in conjunction with one of the above.
(b) Be consistent with the following:
(A) Most recent version of Oregon Aquatic Habitat Restoration and Enhancement Guide (Prepared for the Oregon Plan for Salmon and Watersheds) and Guide to Placing Large Wood in Streams (Prepared by the Oregon Department of Forestry and Oregon Department of Fish and Wildlife); and
(B) Oregon Department of Fish and Wildlife's requirements for upstream and downstream fish passage under ORS 509.580 to 509.645.
(2) A project is not eligible for this general authorization if:
(a) The project fails to meet any eligibility requirement, mandatory requirement (141-089-0360), or project guideline (141-089-0365).
(b) The project is located within a designated State Scenic Waterway or Federal Wild and Scenic Waterway.
(c) The project is located within an area that is tidally influenced.
We want to know what you think of these proposed rules and to hear any comments you may have concerning them.
Hearing Date: February 20, 2008, 1:00 to 3:00 PM
Hearing Location: Dept. of State Lands, 775 Summer St. NE, Suite 100 Salem, OR 97301
Last day for public comment is February 27, 2008.
Questions/Comments?
Please contact:
Kevin Herkamp
Oregon Department of Sate Lands
775 Summer St. NE Suite 100 Salem, OR 97301-1279
503-986-5305
OR
Liz Martino
Rules Coordinator
elizabeth.martino@state.or.us
503-986-5239
This meeting will be held in a facility that is accessible for persons with disabilities. If you need assistance to participate in this meeting due to a disability, please notify Liz Martino at (503) 986-5239 or (elizabeth.martino@dsl.state.or.us) at least two working days prior to the meeting.
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