"Agricultural Drainage Channel Maintenance Notification Form" - Oregon

Agricultural Drainage Channel Maintenance Notification Form is a legal document that was released by the Oregon Department of Agriculture - a government authority operating within Oregon.

Form Details:

  • Released on January 1, 2022;
  • The latest edition currently provided by the Oregon Department of Agriculture;
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  • Fill out the form in our online filing application.

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Agricultural Drainage Channel Maintenance
Notification Form (“Notice”)
1/2022
OREGON DEPARTMENT OF AGRICULTURE | OREGON DEPARTMENT OF STATE LANDS
CONTACT US
OREGON DEPARTMENT OF FISH AND WILDLIFE
Oregon Department
of Agriculture
For ODA use only
Brittany Mills,
Notice # ___________ Date received by ODA ____________ Complete (Y?N)? __
Program Specialist:
Date to ODFW ___________ 45-Day Default Date:___________
971.218.1409
brittany.mills
@oda.oregon.gov
GUIDANCE FOR FILLING OUT A NOTICE
Oregon Department
1.
Read ‘Before You File’ available on the ODA Ag Channel website.
of State Lands
2. Submit your Notice at least 60 days before you want to start work. Both the
Contact the Aquatic
Oregon Department of Agriculture (ODA) and the Oregon Department of Fish and
Resource Coordinator by
Wildlife (ODFW) will review the Notice for eligibility and to determine if any additional
county, 503.986.5200,
conditions are needed to protect water quality, fish, and/or wildlife. ODA and ODFW
www.oregon.gov/dsl/WW/
may contact you to schedule a site visit. ODA and ODFW may consult with staff from
Pages/WWStaff.aspx
Department of State Lands (DSL) to determine final project conditions or prohibitions.
3. Will maintenance activities be undertaken in part by a district, company, or
corporation?
Yes
No
Oregon Soil and Water
If yes, in the project activity descriptions, clearly identify which activities will be done by the
Conservation Districts
district, company, or corporation and which will be done by the person filing the Notice.
(SWCDs)
4. Material removed from the channel (‘spoils’) may be temporarily placed along the
https://oda.direct/
channel to dry for up to one year. After one year, the spoils must be removed from the
SWCDDirectory
riparian area and any wetland along the channel and applied as follows: thinly spread
on a farmed or converted wetland, piled or spread on non-wetland fields, or exported.
It is prohibited to place the spoils in a wetland that is natural and undisturbed.
5. On an aerial photograph from Google Maps (google.com/maps), Google Earth
(google.com/earth), NRCS soil survey (websoilsurvey.sc.egov.usda.gov), or the
equivalent, clearly show starting and stopping points of channel activity and where
spoils will be placed both temporarily and permanently.
6. You may attach a Variance Form to request a variance to one of the Mandatory
Conditions or submit a variance request later.
NEXT STEPS
You can submit this form via one of the following options:
ODA, Natural Resources Program Area, Water Quality-ADCM Program,
635 Capitol St. NE, Salem, OR 97301
FOR MORE
INFORMATION
Fax: 503.986.4730
Email: agchannelmaintenance@oda.oregon.gov
Email:
ODA may not review the Notice if the form is incomplete. If complete, ODA will forward it
agchannelmaintenance
within five work days to ODFW. ODA will respond to you within 45 work days of the date
@oda.oregon.gov
that they received the Notice from you.
Once validated by ODA, Notices will be posted at oda.direct/AgChannelMaintenance.
Website:
https://oda.direct/
AgChannelMaintenance
Sign up for updates:
https://oda.direct/
AgChannelUpdates
Agricultural Drainage Channel Maintenance
Notification Form (“Notice”)
1/2022
OREGON DEPARTMENT OF AGRICULTURE | OREGON DEPARTMENT OF STATE LANDS
CONTACT US
OREGON DEPARTMENT OF FISH AND WILDLIFE
Oregon Department
of Agriculture
For ODA use only
Brittany Mills,
Notice # ___________ Date received by ODA ____________ Complete (Y?N)? __
Program Specialist:
Date to ODFW ___________ 45-Day Default Date:___________
971.218.1409
brittany.mills
@oda.oregon.gov
GUIDANCE FOR FILLING OUT A NOTICE
Oregon Department
1.
Read ‘Before You File’ available on the ODA Ag Channel website.
of State Lands
2. Submit your Notice at least 60 days before you want to start work. Both the
Contact the Aquatic
Oregon Department of Agriculture (ODA) and the Oregon Department of Fish and
Resource Coordinator by
Wildlife (ODFW) will review the Notice for eligibility and to determine if any additional
county, 503.986.5200,
conditions are needed to protect water quality, fish, and/or wildlife. ODA and ODFW
www.oregon.gov/dsl/WW/
may contact you to schedule a site visit. ODA and ODFW may consult with staff from
Pages/WWStaff.aspx
Department of State Lands (DSL) to determine final project conditions or prohibitions.
3. Will maintenance activities be undertaken in part by a district, company, or
corporation?
Yes
No
Oregon Soil and Water
If yes, in the project activity descriptions, clearly identify which activities will be done by the
Conservation Districts
district, company, or corporation and which will be done by the person filing the Notice.
(SWCDs)
4. Material removed from the channel (‘spoils’) may be temporarily placed along the
https://oda.direct/
channel to dry for up to one year. After one year, the spoils must be removed from the
SWCDDirectory
riparian area and any wetland along the channel and applied as follows: thinly spread
on a farmed or converted wetland, piled or spread on non-wetland fields, or exported.
It is prohibited to place the spoils in a wetland that is natural and undisturbed.
5. On an aerial photograph from Google Maps (google.com/maps), Google Earth
(google.com/earth), NRCS soil survey (websoilsurvey.sc.egov.usda.gov), or the
equivalent, clearly show starting and stopping points of channel activity and where
spoils will be placed both temporarily and permanently.
6. You may attach a Variance Form to request a variance to one of the Mandatory
Conditions or submit a variance request later.
NEXT STEPS
You can submit this form via one of the following options:
ODA, Natural Resources Program Area, Water Quality-ADCM Program,
635 Capitol St. NE, Salem, OR 97301
FOR MORE
INFORMATION
Fax: 503.986.4730
Email: agchannelmaintenance@oda.oregon.gov
Email:
ODA may not review the Notice if the form is incomplete. If complete, ODA will forward it
agchannelmaintenance
within five work days to ODFW. ODA will respond to you within 45 work days of the date
@oda.oregon.gov
that they received the Notice from you.
Once validated by ODA, Notices will be posted at oda.direct/AgChannelMaintenance.
Website:
https://oda.direct/
AgChannelMaintenance
Sign up for updates:
https://oda.direct/
AgChannelUpdates
This is a resubmittal of a form that was not complete within 5 days of submittal
PRIMARY CONTACT INFORMATION
Landowner
Business
Water District
Name of landowner/business name/water district:
Contact name:
Mailing address:
City:
State:
Zip:
Preferred Phone:
Email:
In case of multiple landowners in the Notice area, on a separate page, provide all contact information shown above for each landowner.
Please do not submit without checking each of the following boxes:
I certify that the channel for which I am seeking the Notice:
Is traditionally maintained for agricultural drainage.
Has facilitated drainage in the last five years.
Is not ESH (see map at https://maps.dsl.state.or.us/esh/).
Will be dry when the work under this Notice is being done.
I read the Before You File document on the Ag Channel website.
I understand that if it rains sufficiently during work to result in standing water or flow in the channel, work must
stop until work area dries.
I read the Mandatory Conditions and Prohibitions on pages 5 and 6 and will comply with them.
My Regional Dry Maintenance Time Period (Page 7) is:
.
I attached an aerial photo or map screenshot that clearly shows location(s) of channel maintenance activity.
I attached an aerial photo or map screenshot that clearly shows where spoils will be temporarily and
permanently placed or a description of spoils placement.
I included information on each maintenance activity.
To protect fish, my channel maintenance activities shall leave no holes or vertical steps in the channel bed.
I have read and understand the Agricultural Water Quality Rules for this Area
(https://oda.direct/AgWaterQualityPlans).
I will contact ODA and report any subsequent changes to information in this Notice. I understand this may
require me to file a separate Notice with ODA.
I will submit a variance request for this Notice.
Yes
No
I certify that all the information in this Notice is true and that I have contacted all landowners in the Notice
area and they will comply with this Notice:
Name:
Date:
2
Project Site No. 1: Activities
A. Location
1. Street address/intersection closest to the project site, with city
2. Name of channel or receiving stream:
3. What months is the channel generally dry?
Why is it dry then?
4. Will work be done from one side of the channel, preferably the north or east side?
Yes
No
If ‘no,’ why not?
B. Spoils
1. Will spoils be sidecast and temporarily stored to dry along the channel?
Yes
No
a. If yes, when will temporary spoils be removed? Date:_________________________
b. Describe method of placement (bulldozer, front end loader, etc.):
2. Describe method and location where you will place the permanent spoils:
Spread:
Piled:
Other:
C. Calculations for volume of material removed below the normal high water mark (to nearest foot):
Excavation area length:
Average width of excavation area:
Average depth excavation area:
Spoil volume (length * width * depth / 27):
cubic yards
3
Project Site No.
: Activities (attach more sheets for additional sites)
A. Location
1. Street address/intersection closest to the project site, with city
2. Name of channel or receiving stream:
3. What months is the channel generally dry?
Why is it dry then?
4. Will work be done from one side of the channel, preferably the north or east side?
Yes
No
If ‘no,’ why not?
B. Spoils
1. Will spoils be sidecast and temporarily stored to dry along the channel?
Yes
No
a. If yes, when will temporary spoils be removed? Date:_________________________
b. Describe method of placement (bulldozer, front end loader, etc.):
2. Describe method and location where you will place the permanent spoils:
Spread:
Piled:
Other:
C. Calculations for volume of material removed below the normal high water mark (to nearest foot):
Excavation area length:
Average width of excavation area:
Average depth excavation area:
Spoil volume (length * width * depth / 27):
cubic yards
4
Required Conditions and Prohibitions
Mandatory Notice Conditions (OAR 603-095-4030)
(1) A traditionally maintained channel must be dry before the commencement of any removal activities in the channel. If
there is standing water in the channel that is due to a single rain event and the presence of the water is not indicative of a
stream, a person must request a variance on a form provided by the Oregon Department of Agriculture prior to initiation of
channel maintenance activities.
(2) A person must begin and complete activities that require removal of material from the traditionally maintained channel
during the applicable regional dry maintenance time period, as designated by the Oregon Department of Fish and Wildlife,
for the region where the traditionally maintained channel is located.
(3) The body of any motorized equipment that is used to conduct removal-fill activities must be operated from the
streambank or bank of the channel, with only the bucket of the motorized equipment that actively removes material
operating within the channel.
(4) Any excavation of the bottom of the channel must be on a smooth grade and in a manner that does not create
depressions or grade changes within the channel.
(5) Maintenance activities must be conducted in a manner that minimizes new erosion in the channel.
(6) Removal of woody vegetation must be limited to the minimum amount needed to complete the maintenance activity.
(7) Revegetation must occur for any riparian areas that serve as a buffer adjacent to the channel and that experience
vegetation loss as a result of the maintenance activity. This condition is satisfied whether revegetation occurs naturally or
after seeding. Revegetation shall result in adequate ground cover to keep the banks stable and prevent erosion.
(8) All work related to the maintenance activity must be conducted only from one bank of the channel, on either the north or
east side, when practicable, to minimize the ecological impacts of the maintenance activity.
(9) Motorized equipment used for maintenance activities must utilize existing crossings, if crossing the channel is necessary
to complete maintenance activities.
(10) Maintenance activities must begin at the most upstream location of the traditionally maintained channel and progress
downstream.
(11) Material that is removed from the channel may be temporarily placed in a wetland or converted wetland located
adjacent to the channel to dry, provided that the material must, no later than one-year after the date that the maintenance
activity was completed, be moved uplands or be spread in a thin layer outside the riparian area that serves as a buffer
adjacent to the channel. Material may only be permanently spread in a thin layer where agricultural activity presently and
historically has occurred.
(12) Maintenance activities may not result in converting wetlands to uplands and may not materially change the depth or
functionality of a wetland. The determination of functionality of a wetland will vary for each property, but may include fish
and wildlife habitat, hydrologic and water quality functions.
(13) Impacts to wetlands caused by channel maintenance activities must be temporary and must be limited to wetlands
adjacent to the channel, impacts related to accessing the site to conduct removal activities in the channel, and the removal
of material and the disposal of material.
(14) Maintenance activities may not result in a change in location of a channel through the digging of a new channel and the
diversion of the flow from the old channel into the new channel. Maintenance activities may not cause or result in increasing
the width or depth of the channel beyond the width or depth to which the channel has routinely been maintained to facilitate
drainage.
(15) Maintenance activities must not result in alteration of any existing inlet or outlet connections with other waterways.
(16) The temporary placement of material along one side of the traditionally maintained channel must include gaps or flow
paths to allow channel floodwaters to access the fields upland of the channel.
5
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