OAR 603-095-4025: Review of Notification; Consultation with the Oregon Department of Fish and Wildlife; Final Determination by the Oregon Department of State Lands

(1) No later than five days after receiving a complete notification, the Oregon Department of Agriculture shall provide a copy of the notice to the Oregon Department of Fish and Wildlife. (2) Upon receiving a copy of the notice, the Oregon Department of Fish and Wildlife has 30 days to respond to the Oregon Department of Agriculture. The Oregon Department of Fish and Wildlife response may indicate that a review was conducted and work may proceed, or may provide the Oregon Department of Agriculture with recommendations on: (a) Whether the maintenance activities described in the notice will meet the requirements of ORS 196.913 ; and (b) Whether conditions, in addition to those required ORS 196.913, are necessary to address the presence of endangered or threatened species, to protect endangered or threatened species’ habitat quality or quantity, or to otherwise protect the existing functions of the channel. (3) The Oregon Department of Agriculture will process the notice pursuant to ORS 196.906 to ORS 196.919 if ODFW does not respond within 30 days. (4) The Oregon Department of Agriculture shall include in a valid notice any recommended conditions received unless the recommended conditions are denied as provided in paragraphs (4)(a) through (4)(c) below. (a) If the Oregon Department of Agriculture disagrees with any Oregon Department of Fish and Wildlife recommended conditions, the Oregon Department of Agriculture may consult with the Oregon Department of Fish and Wildlife to resolve the disagreement. (b) If the two agencies do not reach consensus on how to address the disagreement, the Oregon Department of Agriculture shall provide a copy of the notice, the recommendations of the Oregon Department of Fish and Wildlife, and a summary of the disagreement to the Oregon Department of State Lands. (c) Within five days of receiving the information in paragraph (4)(b) above, the Oregon Department of State Lands has authority to make the final determination of what additional conditions may be necessary for the maintenance activity to occur without a removal-fill permit, or whether the activity may occur without a removal-fill permit.