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New Rules and Amendments to Current Rules - OAR 141-085; 141-089 and 141-0100
The Department of State Lands proposes to adopt new rules and amend current rules to streamline the Removal-Fill permitting process, to respond to changes in state law and to renew all General Authorizations scheduled to expire at the end of 2005.
The proposal also creates a new General Authorization for utility line construction and repeals all provisions allowing recreational and small-scale placer mining within waters of an Oregon Scenic Waterway.
Public comments are being sought at three public hearings to be held in two different locations.
Monday, November 28
Wilsonville Public Library—Rose Room
8200 SW Wilsonville Road
7 p.m. – 9 p.m.
Wednesday, November 30
Medford
Santo Community Center—Room 5
701 N Columbus
3 p.m. – 5 p.m.
7 p.m. -- 9 p.m.
(Each hearing will cover the same material.)
Comments also will be taken in writing through December 9, 2005.
Mail to:
Rules Coordinator
Department of State Lands
775 Summer St. NE Suite 100
Salem OR 97301-1279
Or send by e-mail to: rulechange_comments@dsl.state.or.us
The major highlights of the rules:
OAR 141-085 (Amendments to Removal-Fill Rules)
- OAR 141-085-0010 Definitions: several minor changes for clarity; revises definition of ‘food producing areas for food and game fish’; deletes definition of ‘stream order classification’.
- OAR 141-085-0020 Exemptions: Adds sentence to provisions relating to Navigational Servitude that dredged material disposed below the line of ordinary high water is covered by the exemption.
- OAR 141-085-0021 State Programmatic General Permit (SPGP): new section explains the SPGP.
- OAR 141-085-0027 Application Review: makes revisions to wording for readability and understanding.
- OAR 141-085-0029 Review Standards: deletes requirement for Long Term Protection of Compensatory Wetland Mitigation (CWM) sites and replaces it at OAR 141-085-0141.
- OAR 141-085-0036 Renewals/Extensions et al: makes changes to permit renewal provisions; allows more than one renewal; deletes one-time, 120-day extension.
- OAR 141-085-0066 Emergency Authorizations: makes clear that permit conditions are enforceable after expiration of the permit.
- OAR 141-085-0075 Contested Cases: requires appellants to state reason for contesting a permit.
- OAR 141-085-0090 Enforcement/Civil Penalties: deletes that factor of the civil penalty formula based on ‘cooperation’ of the alleged violator.
- OAR 141-085-0115 and 0121 Compensatory Mitigation and CWM: makes it clear that permit holder is responsible for complying with all aspects of permit even after the permit expires.
- OAR 141-085-0131 Requirements of CWM: requires payment for credits before the permit will be released.
- OAR 141-085-0136 Ratios for CWM: defines cropped wetlands.
- OAR 141-085-0141 CWM Requirements: Adds long-term protection requirements to this section.
- OAR 141-085-0421 Freshwater Mitigation Banks: deletes requirement to post public notice in newspaper of newly created bank.
OAR 141-089 Rules (General Authorizations)
- All GA’s renewed and extended to 2012.
- Provisions made to allow ‘rollover’ of project from expiring GA to updated GA.
- On some GA’s, requires an approved wetland delineation in order for the GA application to be considered as complete.
- Allows time for missing information to be submitted to ‘cure’ incomplete applications.
- Creates new GA for utility line construction
OAR 141-0100 Oregon Scenic Waterways (Removal-Fill Program)
- Repeals all provisions allowing recreational and small-scale placer mining within waters of an Oregon Scenic Waterway.
OAR 141-085  (391k) - shows proposed amendments to Removal-Fill rules.
OAR 141-089 (333k) - shows proposed amendments to General Authorization rules.
OAR 141-0100 (132k) - shows proposed amendments to Oregon Scenic Waterways rules.
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