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Regulatory Permit Requirements
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Article Content
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| Department of State Lands (DSL) & US Army Corps of Engineers (Corps) Permits |
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Overview
This webpage provides current information regarding the DSL and Corps joint permit application, different permit types and categories, and additional reference sites you can go for additional information.
Generally, a Corps or DSL permit may be needed for projects that involve the discharge of dredged or fill material into a wetland or other water of the state or US. Additionally, removal of material from wetlands or waterways is often regulated under the Removal-Fill Law, and in some circumstances under the Clean Water Act.
Joint Permit Application: This application has ‘joint’ in it’s title because it serves both the State and the US Army Corps of Engineers. Complete applications are processed by the Dept of State Lands under the Removal Fill Law, and the Corps of Engineers under the Clean Water Act and Section 10 of the Rivers and Harbors Act.
Submitting Joint Permit Applications
All ODOT JPAs should be sent to the Corps of Engineers Portland address listed at the top of the application. Place a post-it on the application that states: Attn: (insert appropriate liaison name), ODOT application. Fees are not required.
Applications should be sent to the appropriate Department of State Lands address listed at the top of the JPA (western or eastern Oregon office), with the required application fee.
The storm water management plan (SWMP), if required, should be submitted directly by ODOT to the Dept of Environmental Quality (DEQ) along with a copy of the completed JPA. Do not rely upon the Corps or DSL to forward the JPA to DEQ for ODOT.
Regulatory Exemptions
Under both the Oregon Removal Fill Law and Section 404 of the Clean Water Act, some activities that involve the discharge of dredged or fill material into waters of the state or US are EXEMPT from these state and federal regulations. If an activity proposed by ODOT is exempt, it means that authorization from the appropriate agency (DSL or the Corps), and that an application need not be submitted since a permit is not necessary. In these cases, ODOT must document for the file the activity and what makes it exempt.
Streamlined Permits
DSL General Authorizations (GAs) are rules adopted by DSL that allow projects that are similar in nature and effect to be authorized without an individual permit. Basically, projects as proposed are compared to a list of criteria for eligibility and if met, the project is circulated to adjacent property owners and other state and local agencies (15-day comment period).
Application: Joint permit application. For Fish Habitat, joint permit application PLUS habitat enhancement supplement form (requires ODFW signature before submitting)
Process time: varies, but for Transportation, Bank Stabilization, Fish Habitat process time is 40 calendar days from receipt of complete application to issuance of permit.
Fees: DSL requires a $250 flat fee as part of a complete application for any General Authorization EXCEPT voluntary enhancement projects (e.g., Fish Habitat Enhancement).
Corps Nationwide Permits:
are permits that cover activities that are similar in nature and effects to waters of the US.
Application: Joint permit application (some NWPs are ‘non-notifying,’ which means the activity is authorized and need not be verified by the Corps, so no permit application needs to be submitted for review; all conditions still apply)
Process time: 45 calendar days from submittal of complete application to issuance of verification letter
Fees: NONE
2007 Nationwide Permits Summary Table: which permits are non-notifying and under what circumstances, the permit limits (e.g., NWP 12 for utility lines only covers activities that involve less than 0.5 acres of impact), whether a delineation is required or not, and other general information.
Individual Permits
Both the Corps and DSL have the discretion to require an individual permit, even for activities that may be covered under a streamlined permit, if they document that adverse effects will be more than minimal.
Application: Joint permit application
Process time: Approximately 120 days, OR MORE. Many permit timelines are tied to ODOT obtaining other permits such as Biological Opinions for ESA and 401 Water Quality Certifications from DEQ. DEQ has one year to review permit applications and issue a certification.
Fees: DSL requires fees for individual permits based on a fee schedule. Both a base fee and a volume fee apply to most projects. (http://www.oregon.gov/DSL/PERMITS/fee_schedule07.shtml)
For more information regarding permits, please visit the following websites:
Oregon Dept of State Lands (http://www.oregon.gov/DSL/index.shtml)
US Army Corps of Engineers, Portland District (https://www.nwp.usace.army.mil/home.asp )
Oregon Dept of Environmental Quality (http://www.oregon.gov/DEQ/ )
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