Or. Admin. Code § 635-425-0020

Current through Register Vol. 63, No. 10, October 1, 2024

Section 635-425-0020 - Application Requirements

(1) Timing of Application: An application for an in-water blasting permit must be submitted no less than 90 days before the anticipated in-water blasting for a major project, and no less than 30 days before the anticipated in-water blasting for a minor project. The Department may waive these deadlines in emergency situations where the blasting is necessary to prevent irreparable harm, injury or damage to persons or property.

(2) Submittal of Application: The applicant must submit an application on a form prepared by the Department. The application process is as follows:

(a) An application for a minor project must be submitted to the Department's district office for the area in which the blasting will occur;

(b) An application for a major project within a single region must be submitted to the Department's regional office for the region in which the blasting will occur;

(c) An application for a major project affecting two or more Department regions must be submitted to the Oregon Department of Fish and Wildlife.

(3) Content of Application: The application must include the following information:

(a) The applicant's name, home and business addresses, and telephone numbers;

(b) The State Fire Marshal's Certificate of Possession number and the expiration date of the certificate of the person(s) conducting the blasting (see ORS Chapter 480);

(c) The landowner's name (if applicant is not the owner of the property), home and business addresses, telephone numbers, and written consent to the proposed in-water blasting described in the application;

(d) The geographical location of the property that will be affected by the proposed in-water blasting, including a map and description of the site and waterway(s) affected;

(e) Purpose and description of the proposed in-water blasting;

(f) A map indicating where the explosives will be placed;

(g) The estimated distance of impact and area affected by the proposed blasting;

(h) Names, addresses, and telephone numbers of property owners within the area affected by the proposed blasting;

(i) The estimated amount of explosives required;

(j) The date or dates during which blasting is planned;

(k) Where debris from the blasting will be placed;

(l) The type of explosives to be used;

(m) The approximate size and number of charges to be detonated and the detonation delays between each charge;

(n) The conditions under which the blasting will be done, including water depth;

(o) Blasting medium (water column or adjacent rock or soil);

(p) The alternatives, if any, to the proposed in-water blasting, including an analysis of their practicability;

(q) Information on fish and wildlife habitat within the area that would be affected by the proposed blasting and the predicted effects of the proposed blasting on these habitats. The information must include predicted effects of the proposed blasting on beds and banks of the waters of the state, adjacent areas of the riparian vegetation and wetlands, and the potential for dewatering waters of the state as a result of substrate disturbance;

(r) Information on fish and wildlife species in the area that would be affected by the proposed blasting (including age class) and the predicted effects of the proposed blasting on these species;

(s) Any existing environmental assessments, environmental impact statements, or other environmental data pertaining to the project must be submitted to the Department. Such documents may be used to satisfy the requirements of subsections (3)(q)-(r) of this rule if the Department determines they adequately address the requirements of those sections;

(t) Proposed measures for preventing injury to fish, wildlife and their habitat, including an analysis of the effectiveness of these measures under the environmental conditions at the blasting site;

(u) Information documenting the project's compliance with the Statewide Planning Goals and compatibility with the applicable acknowledged comprehensive plan(s) and land use regulations as required in OAR 635-425-0025.

(4) The information required by section (3) of this rule satisfies the requirements of OAR 635-415-0020(9) for preparation of a mitigation plan for activities authorized by the blasting permit.

Or. Admin. Code § 635-425-0020

FWC 134-1991, f. & cert. ef. 11-20-91; DFW 31-2002, f. & cert. ef. 4-16-02; DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04

Stat. Auth.: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140

Stats. Implemented: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140