Or. Admin. R. 635-412-0055 - Application Material

Any application for projects involving construction of environmental restoration weirs must utilize the Department's application form and specifically describe how the project will meet all the eligibility criteria set forth in OAR 635-412-0050 and facilitate stream restoration and habitat improvement. The Department may require the application to include:

(1) A description of the current habitat conditions, rationale for the project, and intended impact of the environmental restoration weirs, including whether beaver restoration is an intended outcome;

(2) Information on the planned construction timing, location, and number of environmental restoration weirs in the qualifying stream;

(3) Photographs of all the proposed environmental restoration weir construction sites sufficient to meet pre-project monitoring requirements;

(4) A description of stream management and adjacent land use plans, descriptions of any efforts already undertaken to address historic factors contributing to habitat degradation and future efforts that will be implemented to protect habitat restoration;

(5) Plans, drawings, or pictures documenting stream measurements including active channel width, height of ordinary high water line, height of ancient floodplain above stream bottom, and the size and material source and composition of the environmental restoration weirs;

(6) Written documentation from the Oregon Water Resources Department (OWRD) stating:

(a) Whether injury to other water rights is likely to occur if the proposal is implemented as described in the application;

(b) Whether any manipulation of water during any phase of construction is likely to cause injury to any existing water right; and

(c) Whether the project will require a permit from the OWRD;

(7) Information on location and type of nearest downstream road crossing; and

(8) Plans demonstrating fish passage meets the criteria set forth in OAR 635-412-0035, if the project is in a qualifying stream reach where native migratory fish are present.

Notes

Or. Admin. R. 635-412-0055

DFW 31-2022, adopt filed 03/23/2022, effective 3/23/2022

Statutory/Other Authority: ORS 509.580, ORS 509.585 & HB 2298 (2021)

Statutes/Other Implemented: HB 2298 (2021)