Or. Admin. R. 141-085-0694 - Special Requirement for CM

(1) Special Requirements for Enhancement as CM. CM enhancement must conform to the following additional requirements. Enhancement must:
(a) Be conducted only on degraded waters of this state;
(b) Result in a demonstrable net gain in functions and values at the CM site as compared to those functions and values lost or diminished as a result of the project and those functions and values that already exist at the CM site;
(c) Not replace or diminish existing functions and values with different functions and values unless the applicant justifies, in writing, that it is ecologically preferable to do so;
(d) Not consist solely of the conversion of one HGM or Cowardin class to another;
(e) Identify the causes of degradation at the CM site and the means by which the CM plan will reverse, minimize or control those causes of degradation in order to ensure self-sustaining success; and
(f) Not consist solely of removal of non-native, invasive vegetation and replanting or seeding of native plant species.
(2) Special Requirements for Preservation as CM. Preservation may be used for meeting the CM requirement when the water of this state proposed for preservation is demonstrated to be under threat of destruction or adverse modification and one of the following applies:
(a) The preservation site supports a significant population of rare plant or animal species;
(b) The preservation site is a rare type (S1 or S2);
(c) The preservation site is an Aquatic Resource of Special Concern; or
(d) The preservation site, with existing and ongoing management, is in good condition and is highly functioning (as determined using a Department-approved assessment method) and serves a documented watershed need.
(3) Preservation as the Preferred CM Option. Preservation may be accepted as the preferred CM option when the lost or diminished functions and values are exceptionally difficult to replace. Examples of such waters include, but are not limited to, vernal pools, fens, bogs and tidal spruce wetlands.
(4) At the option of the applicant, CWM may consist of any one or a combination of the following CWM ratios for commercial aggregate mining operations where both the mining operation and the CWM are conducted on converted wetlands (not including pasture):
(a) One acre of wetland and open water habitat, with depths less than 35 feet, for one acre of wetland impacted;
(b) Three acres of wetland and open water habitat, with depths greater than 35 feet, for one acre of wetland impacted; and
(c) One acre of a combination of restored, created or enhanced wetland and upland, comprising at least 50 percent wetland, for one acre of wetland impacted.
(d) The Department may also apply the following CWM measures for commercial aggregate mining operations on converted wetland (not including pasture):
(A) Allow for staged CWM or mined land reclamation required under ORS 517.700; or
(B) Allow the applicant, upon approval by the Department, to pay the entire cost of CWM according to the following criteria:
(i) On an annual basis for a period not to exceed 20 years over the life expectancy of the operation, whichever is less; or
(ii) On an annual basis over time at a monetary rate per cubic yard or ton of aggregate material removed annually from the site.

Notes

Or. Admin. R. 141-085-0694
DSL 2-2019, adopt filed 03/28/2019, effective 4/1/2019; DSL 8-2019, minor correction filed 04/10/2019, effective 4/10/2019

Statutory/Other Authority: ORS 196.600-196.692 & ORS 196.825

Statutes/Other Implemented: ORS 196.600-196.692 & ORS 196.795-196.990

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