Or. Admin. Code § 635-425-0030

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

Section 635-425-0030 - Application Review Procedures

(1) The Department will provide a copy of the In-Water Blasting Permit Rules and an application form to all applicants for an in-water blasting permit.

(2) The Department will review an application to determine if it is complete and notify the applicant in writing within 15 days after receipt of the application if additional information is required. The notice will specify any additional required information and the deadline for submitting the information.

(3) The Department will begin its review when it receives a complete application. Within 45 days of receiving a complete application for a major project, or 20 days for a minor project, the Department will either deny the application in writing or issue a permit with appropriate conditions for preventing injury to fish, wildlife, and their habitat. The Department may extend its review period for up to 30 days to determine appropriate conditions to prevent injury to fish and wildlife and their habitat.

(4) In deciding whether to approve or deny the application, the Department will consider:

(a) Whether blasting is the only practicable method of accomplishing the proposed activity;

(b) Whether injury to fish, wildlife, and their habitat can be prevented by adequately conditioning the permit; and

(c) Whether proposed blasting for fish passage improvement projects is consistent with the Commission's Wild Fish Management Policy.

(5) For major projects within a single region, the applicable regional office will review the application and will either deny it or issue a permit.

(6) For major projects that affect two or more Department regions, the Habitat Division will review the application and either deny it or issue a permit.

(7) For minor projects, the applicable district will review the application and either deny it or issue a permit.

(8) Projects in estuarine and marine waters will be coordinated with Marine Program staff.

Or. Admin. Code § 635-425-0030

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

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

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