A Guide to the Removal-Fill Permit Process

1 2019 REMOVAL- FILL Guide A Guide to the Removal-Fill Permit Process Chapter 1: Working with the Aquatic Resource Management Program Chapter 2: When is a Permit Required? Chapter 3: What Activities are Exempt? Chapter 4: Planning Ahead Chapter 5: How to Apply for a Permit Chapter 6: Processing the Removal-Fill Permit Application Chapter 7: Emergency Permits Chapter 8: Compensatory Mitigation Chapter 9: Monitoring the Compensatory Mitigation Site This Guide addresses existing laws and rules governing Removal-Fill activities in Oregon and provides practical tips for complying with Department of State Lands regulations.

2 It explains agency practices but does not take the place of or override regulations. The reader is cautioned to consult agency regulations first and to rely on this Guide to help understand those regulations and complete Permit applications. Consultation with agency staff early in the project s development is strongly encouraged. Oregon Department of State Lands 775 Summer Street, NE Suite 100 Salem, Oregon 97301-1279 (503) 986-5200 Contents Chapter 1: Working with the Aquatic Resource Management Program - At a Glance.

3 4 Organization of the Aquatic Resource Management Program .. 5 How the Aquatic Resource Management Program Works with Other Entities .. 6 Permit and Authorization-Related Services Provided by the Aquatic Resource Management Program .. 13 Wetland and Waterway Mitigation Grants .. 15 Requesting Public Records .. 15 Reporting a Suspected Violation .. 16 Participating in Agency Improvements .. 17 Requesting Training or Speakers .. 18 Registering a Complai nt or Compliment .. 18 Chapter 2: When is a Permit Required?

4 At a Glance .. 0 Waters of this State - Types of Jurisdictional Waters and Their Boundaries .. 1 Definition of Removal and Fill .. 12 Removal-Fill Volume Thresholds .. 13 Calculating Removal-Fill Volumes .. 15 Special Situations: Activities That Cannot Be Permitted by Rule or Law .. 18 Chapter 3: What Activities are Exempt? At a Glance .. 0 State Forest Management Practices .. 1 Fills for Construction, Operation and Maintenance of Certain Dams and Water Diversion Structures .. 3 Fill or Removal for a Change in the Point of Diversion.

5 3 Navigational Servitude (Maintenance of the Navigational Channel) .. 4 Maintenance or Reconstruction of Water Control Structures .. 4 Maintenance or Emergency Reconstruction of Roads and Transportation Structures 5 Prospecting and Non-Motorized Activities within Designated Essential Indigenous Anadromous Salmonid Habitat .. 6 Fish Passage and Fish Screening Structures in Essential Indigenous Anadromous Salmonid Habitat .. 7 Removal of Large Wood .. 8 Certain Voluntary Habitat Restoration Activities.

6 8 Exemptions in State Scenic Waterways .. 10 Agricultural Exemptions .. 11 Examples of Normal Farming and Ranching Activities .. 13 Special Situations: Railroads, Tribal Lands and Environmental Remedial Actions .. 16 Chapter 4: Planning Ahead - At a Glance .. 0 Identifying Regulated Waters on the Project Site .. 1 Retaining Professional Consultant Services .. 6 Exploring Alternatives to Avoid and Minimize Impacts .. 7 Planning to Mitigate for Unavoidable Impacts .. 10 Pre-design Permit Scoping: Identifying Other Permits and Their Requirements.

7 11 Pre-application Meetings .. 12 Chapter 5: How to Apply for Authorizations At a Glance .. 0 Types of Permits .. 1 Completing the Application Forms .. 13 General Authorization Notification Instructions .. 25 Placer Mining GA .. 27 Emergency Permit .. 28 Permit Waivers and Facility Siting Permits .. 28 Application Fees .. 29 Chapter 6: Processing the Removal-Fill Permit Application At a Glance 0 Processing General Authorization Notifications .. 3 Processing Individual Permit and General Permit Applications.

8 5 Term and Expiration of the Permit .. 16 Permit Renewal and Transfer .. 17 Modifying a Permit .. 20 Special Permitting Situations ( Permit Waivers and Facility Siting Permits) .. 21 Permit -Related Appeals .. 23 Chapter 7: Emergency Permits At a Glance .. 0 What is an Emergency? .. 1 The Procedure for Obtaining an Emergency Permit .. 1 After the Emergency .. 5 Chapter 8: Mitigation- At a 7 Compensatory Mitigation Planning for Wetlands, Streams, Tidal and Non-Tidal Waters, and Aquatic Resources of Special concern (ARSC).

9 1 Evaluate Project Impacts .. 1 Select the Appropriate CM .. 1 Protocol for Eligibilty and Mitigation Advance Mitigation Credit for Piling Chapter 9: Monitoring the Compensatory Mitigation Site - At a Glance0 Monitoring Methods .. 2 Data Analysis Standards .. 6 Monitoring Reports .. 6 Monitoring Duration .. 10 Appendix A Preparing the Alternatives Analysis .. 1 YOUR COMMENTS: - Use this link to e-mail comments regarding the Removal-Fill Guide to the Department: Chapter 1: Working with the Aquatic Resource Management Program - At a Glance Organization of the Aquatic Resource Management Program The Aquatic Resource Management Program (ARM) is made up of two units: Operations Unit (including Removal-Fill regulatory, proprietary and jurisdictional disciplines) and the Planning and Policy Unit.

10 Staff duties and links to co ntact information are provided. How the Aquatic Resource Management Program Works with Other Entities The ARM coordinates with numerous local, state and federal agencies and other entiti es in administering the Removal-Fill Permit program and the state s ownership of certain waterways in Oregon. Permit and Authorization-Related Services Provided by the Aquatic Resource Management Program The ARM provides a variety of se rvices to su pport the Removal-Fill Permit Process including: wetland determinations, wetland delineation report review, responding to wetland land use notic es, co nducting pre-applica tion meetings and providing assistance for Permit applica tion processing.