Or. Admin. Code § 141-090-0040

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

Section 141-090-0040 - Procedures for Review and Approval of a Wetland Delineation Report Submitted to the Department for a Jurisdictional Determination

(1) When a wetland delineation report is submitted to the Department for review, approval and a JD, the Department shall review the report (according to its established priorities) to ensure that:

(a) The work meets the technical requirements in OAR 141-090-0030;

(b) The report meets the standards and requirements in OAR 141-090-0035;

(c) There is sufficient information for the Department to make a JD, including the geographic extent and characteristics of any waters identified, as appropriate; and

(d) There is sufficient information for the Department to determine the removal-fill authorization requirements or exemptions that apply to the wetlands or other waters identified and/or the activities proposed.

(2) The Department shall complete an initial review of the report within 120 calendar days from receipt of the report and the fee.

(3) During or upon completion of the Department's review, the Department may take the following actions:

(a) Approve all or a portion of the report and PJD by providing a written JD to the landowner, agent, or applicant and the consultant, if any, in accordance with OAR 141-090-0025(10).

(b) Request missing information (report incomplete), clarification, or additional data (see OAR 141-090-0035(9), (10), and (12)(h)).

(A) The request will be made to the primary contact orally by telephone or in writing by e-mail or regular U.S. Mail.

(B) If the Department makes a written request to the primary contact, the Department will copy the request to the consultant, landowner, agent, and applicant, as appropriate.

(C) The primary contact shall be responsible for promptly informing the Department of any change in the primary contact during the Department's review process.

(c) Conduct a site visit to verify the report findings or obtain additional information;

(d) Withdraw the report from further review if missing payment, if the landowner, agent, or applicant requests withdrawal or if otherwise determined by the Department;

(e) Require revisions of the delineation map(s) and the PJD based upon the report review, any additional information requested, and a site visit (if conducted) and provide a JD accordingly after consulting with the primary contact and report author, if different; or

(f) Reject the report with a written explanation to the applicant, consultant, landowner, and agent, as appropriate. Examples of reasons for rejecting a report include, but are not limited to:

(A) The work has not been completed according to the technical requirements in OAR 141-090-0030.

(B) The report does not, in the judgment of the Department, accurately reflect site conditions or provide sufficient information for a JD.

(C) The report contains major errors, omissions, or inconsistencies according to the standards and requirements in OAR 141-090-0035, such as but not limited to:

(i) On-site data are not collected (e.g., an off-site or reconnaissance level report);

(ii) No paired plots, or number of paired plots is clearly inadequate for length and complexity of wetland boundaries;

(iii) Data forms with major gaps (e.g., no soils data collected);

(iv) Wrong data form used;

(v) Clearly erroneous data or conclusions;

(vi) All water features are not mapped;

(vii) Permission for a requested site visit is not granted;

(viii) Standard report format is not followed (OAR 141-090-0035(1));

(ix) Report cannot be field verified because site preparation or construction has already commenced;

(x) The Department requests and conducts a site visit and the wetland boundaries and sample plots are not identified on the ground or cannot be accurately located by the consultant or applicant (see OAR 141-090-0035(8));

(xi) After the second written request for information or revisions, the resubmitted information does not address all of the Department's comments or requests or introduces new errors; or

(xii) Additional clarifying information, requested revisions, or communication requesting additional time are not provided within 60 calendar days of the Department's written request.

Or. Admin. Code § 141-090-0040

DSL 3-2001, f. 4-18-01, cert. ef. 7-1-01; DSL 1-2004, f. & cert. ef. 5-21-04; DSL 6-2007, f. 12-13-07, cert. ef. 1-1-08; DSL 6-2012, f. 12-13-12, cert. ef. 1-1-13; DSL 2-2023, amend filed 05/05/2023, effective 6/1/2023

Statutory/Other Authority: ORS 196.845 & 196.692

Statutes/Other Implemented: ORS 196.800 - 196.990, 196.600 - 196.665, 196.668 - 196.692 & 197.279