: A completed and signed application on
current forms provided by the Department, including any maps, necessary photos
and drawings, is required. The information must be entered in the appropriate
blocks on the application form. The Department may require the applicant to
submit any or all application materials electronically. The application must
include all of the following:
information including name, mailing address, phone number and e-mail address.
When the applicant is a business entity, the business must be registered with
the Oregon Secretary of State Corporate Division. The exact name of the
business entity, as listed with Secretary of State Corporate Division, must be
entered on the application.
Landowner information including name and mailing address where any removal-fill
activity is proposed, and if applicable, where permittee-responsible
compensatory mitigation is proposed.
the construction of a new linear facility, the applicant must provide a
complete list of landowner names and mailing addresses for all landowners whose
land is identified in the permit application within the alignment of the new
linear facility. Mailing labels must be provided when there are more than five
landowners listed in the application.
For the purpose of this rule, a condemner
is the landowner when:
(i) If using state
condemnation authority, the condemner has complied with ORS Chapter 35, filed
an eminent domain action in court and deposited the condemner's estimate of
just compensation with the court for the use and benefit of the defendants, or
it has a court's order authorizing its possession of the land; or
If using federal authority, the
condemner has complied with Federal Rules of Civil Procedure 71.1
and, if other
than the United States, has a court's order authorizing its possession of the
Project site location information including Township, Range, Quarter-quarter
Section and Tax Lot(s), latitude and longitude, street location if any, and
location maps with site location indicated.
(d) The location of any off-site disposal or
borrow sites, if these sites contain waters of this state.
Project information including:
(A) Description of all removal-fill
activities associated with the project;
(B) Demonstration of independent utility to
include all phases, projects or elements of the proposed project which will
require removal-fill activities;
(C) Volumes of fill and removal within
jurisdictional areas expressed in cubic yards;
(D) Area of removal and fill within
jurisdictional areas expressed in acres to the nearest 0.01-acre for impacts
greater than 0.01 of an acre or expressed in acres to the nearest 0.001-acre
for impacts less than 0.01 of an acre; and
(E) Description of how the project will be
accomplished including construction methods, site access and staging
(f) A description
of the project purpose and need for the removal or fill. All projects must have
a defined purpose or purposes and the need for removal or fill activity to
accomplish the project purpose must be documented. The project purpose
statements and need for the removal or fill documentation must be specific
enough to allow the Department to determine whether the applicant has
considered a reasonable range of alternatives.
(g) Project plan views and cross-sectional
views drawn to scale that clearly identify the jurisdictional boundaries of the
waters of this state (e.g., wetland delineation or ordinary high water
determination). Project details, such as work area footprint, impact area and
approximate property boundaries must also be included so that the amount and
extent of the impact to jurisdictional areas can be readily
A written analysis
of potential changes that the project may make to the hydrologic
characteristics of the waters of this state, and an explanation of measures
taken to avoid or minimize any adverse impacts of those changes, such as:
(A) Impeding, restricting or increasing
(B) Relocating or
redirecting flow; and
flooding or erosion downstream of the project.
(i) A description of the existing biological
and physical characteristics of the water resources, along with the
identification of the adverse impacts that will result from the
(j) A description of the
navigation, fishing and public recreation uses, when the project is proposed on
proposed activity involves wetland impacts, a wetland determination or
delineation report that meets the requirements in OAR 141-090
submitted, unless otherwise approved in writing by the Department. A wetland
delineation is usually required to determine the precise acreage of wetland
impact and compensatory wetland mitigation requirements. Whenever possible,
wetland determination and delineation reports should be submitted for review
well in advance of the permit application. Although an approved wetland
delineation report is not required for application completeness, a
jurisdictional determination must be obtained prior to the permit
Functions and values
assessments that meets the requirements in OAR 141-085-0685
impacts to waters of this state are proposed.
(m) Any information known by the applicant
concerning the presence of any federal or state listed species.
(n) Any information known by the applicant
concerning historical, cultural and archeological resources. Information may
include but is not limited to a statement on the results of consultation with
impacted tribal governments and/or the Oregon State Historic Preservation
Office of the Oregon Parks and Recreation Department.
An analysis of alternatives to derive the
practicable alternative that has the least reasonably expected adverse impacts
on waters of this state. The alternatives analysis must provide the Department
all the underlying information to support its considerations enumerated in OAR
, such as:
(A) A description of
alternative project sites and designs that would avoid impacts to waters of
this state altogether, with an explanation of why each alternative is, or is
not practicable, in light of the project purpose and need for the fill or
(B) A description of
alternative project sites and designs that would minimize adverse impacts to
waters of this state with an explanation of why each alternative is, or is not
practicable, in light of the project purpose and need;
(C) A description of methods to repair,
rehabilitate or restore the impact area to rectify the adverse impacts;
(D) A description of methods to
further reduce or eliminate the impacts over time through monitoring and
implementation of corrective measures.
If applicable, a complete compensatory
mitigation plan that meets the requirements listed in OAR 141-085-0680
to compensate for unavoidable permanent impacts to waters of this
state and a complete rehabilitation plan if unavoidable temporary impacts to
waters of this state are proposed.
For each proposed removal-fill activity
and physical mitigation site applied for in the application, a list of the
names and addresses of the adjacent landowners, including those properties
located across a street or stream from the proposed project.
(A) For a new linear facility, the applicant
must provide a list of the names and mailing addresses of the adjacent
landowners for the new linear facility.
(B) Mailing labels must be provided by the
applicant, when there are more than five names and addresses of adjacent
signed local government land use affidavit.
(s) A signed Coastal Zone Certification
statement, if the project is in the coastal zone.
(t) Applicant Signature. Signature of the
applicant must be provided. If the application is on behalf of a business
entity, a certificate of incumbency must be provided to certify that the
individual signing the application is authorized to do so.
Landowner Signature. If the applicant is
not the landowner upon which the removal-fill activity (including mitigation)
is to occur and does not hold an easement allowing the activity on that land, a
written authorization from the owner of the land consenting to the application
must be provided.
(A) Notwithstanding the
requirement set forth under Subsection (u) above, a landowner signature is not
required for applications for the construction and maintenance of linear
may sign as landowner when the requirements of OAR 141-085-0550
Site Landowner Signature. If the applicant is not the owner of the land upon
which the mitigation is to occur and does not hold an easement allowing the
activity on that land, a written authorization from the owner of the land
consenting to the application must be provided.
(w) Inventory and Evaluation if Related to
Marine Resources or Removal-Fill in Oregon's Territorial Sea. An application
for a permit related to marine resources or removal-fill in the territorial sea
must include all of the information required by the applicable Part of the
Territorial Sea Plan. The resource inventory and effects evaluation must be
provided as a stand-alone attachment to the applicant's Joint Permit