OAR 141-089-0630: Project Applicability

(1) Applicability. The rules in OAR 141-089 set forth conditions under which a person may, without an individual removal-fill permit, general removal-fill permit, or DEQ remedial action permit waiver from the Department, remove or fill material within waters of this state, as defined in OAR 141-085-0510. The rules in OAR 141-089 do not apply to projects within the following areas: (a) A State Scenic Waterway, as defined by OAR 141-100-0005(11). (b Willamette River between river miles 1.9 and 11.8. (c) An Aquatic Resource of Special Concern as defined in OAR 141-085-0510, unless the project is for habitat improvement purposes. (2) Thresholds and Best Management Practices (BMPs). BMPs necessary to comply with the general conditions described in OAR 141-089-0650 are not included in the removal-fill volumes for a GA. (3) Project with More Than Minimal Impacts. The Department may require an individual removal-fill permit, general removal-fill permit, or DEQ remedial action permit waiver for a project that would otherwise be authorized by a GA if the Department determines that the project might cause more than minimal individual or cumulative environmental effects or might result in long-term harm to the water resources of this state. The Department may also require an application for an individual removal-fill permit, general removal-fill permit, or DEQ remedial action waiver if requested to do so by the Oregon Department of Fish and Wildlife (ODFW), the Oregon Department of Environmental Quality (DEQ), or the affected local land use planning department. (4) Combining Activities. Any GAs may be combined for a single project when the combined activities result in no more than minimal impacts, with the following exceptions: the Non-motorized In-stream Placer Mining in ESH GA (141-089-0820 et seq .) may not be combined with any other GA and the Minimal Disturbance within Essential Salmonid Habitat GA (OAR 141-089-0660, et seq .) may only be combined with the Temporary Impacts to Wetlands and Waterways GA (OAR 141-089-0700, et seq .). (5) Entire Project. Projects eligible for GAs must rely solely on GAs for authorization except that any GA, excepting the Non-motorized In-stream Placer Mining in ESH GA (141-089-0820 et seq .), may be combined with a Notification for Exempt Voluntary Habitat Restoration Activities as described and conditioned in OAR 141-085-0534. GAs may not be combined with any other form of removal-fill authorization. (6) Anytime the rules in OAR 141-089 authorize the Department to make a determination that would authorize a GA for a project that deviates from standards otherwise adopted in rule, the Department may, but is never required, to make such a determination when the responsible party demonstrates that the project would cause no more than minimal individual and cumulative environmental impacts and would not result in long-term harm to the water resources of this state.