Or. Admin. Code § 345-022-0060 - Fish and Wildlife Habitat
To issue a site certificate, the Council must find that the design, construction and operation of the facility, taking into account mitigation, are consistent with:
(1)
The general fish and wildlife habitat mitigation goals and standards of OAR
635-415-0025(1) through
(6) in effect as of February 24, 2017;
and
(2) For energy facilities that
impact sage-grouse habitat, the sage-grouse specific habitat mitigation
requirements of the Greater Sage-Grouse Conservation Strategy for Oregon at OAR
635-415-0025(7)
and OAR 635-140-0000 through -0025 in
effect as of February 24, 2017.
(3)
To assist the Council in determining whether the standard outlined in (1)
through (2) has been met, the Applicant must submit information about the fish
and wildlife habitat and the fish and wildlife species, other than the species
addressed in OAR-022-0070(3) (the Threatened and Endangered Species Exhibit)
that could be affected by the proposed facility, providing evidence to support
a finding by the Council as required by this rule. The applicant must include:
(a) A description of biological and botanical
surveys performed that support the information in this exhibit, including a
discussion of the timing and scope of each survey;
(b) Identification of all fish and wildlife
habitat in the analysis area, classified by the general fish and wildlife
habitat categories as set forth in OAR
635-415-0025 and the sage-grouse
specific habitats described in the Greater Sage-Grouse Conservation Strategy
for Oregon at OAR 635-140-0000 through
635-140-0025 (core, low density,
and general habitats), and a description of the characteristics and condition
of that habitat in the analysis area, including a table of the areas of
permanent disturbance and temporary disturbance (in acres) in each habitat
category and subtype;
(c) A map
showing the locations of the habitat identified in (b);
(d) Based on consultation with the Oregon
Department of Fish and Wildlife (ODFW) and appropriate field study and
literature review, identification of all State Sensitive Species that might be
present in the analysis area and a discussion of any site-specific issues of
concern to ODFW;
(e) A baseline
survey of the use of habitat in the analysis area by species identified in (d)
performed according to a protocol approved by the Department and
ODFW;
(f) A description of the
nature, extent and duration of potential adverse impacts on the habitat
identified in (b) and species identified in (d) that could result from
construction, operation and retirement of the proposed facility;
(g) A description of any measures proposed by
the applicant to avoid, reduce, or mitigate the potential adverse impacts
described in (f) in accordance with the general fish and wildlife habitat
mitigation goals and standards described in OAR
635-415-0025 and a description
of any measures proposed by the applicant to avoid, minimize, and provide
compensatory mitigation for the potential adverse impacts described in (f) in
accordance with the sage-grouse specific habitat mitigation requirements
described in the Greater Sage-Grouse Conservation Strategy for Oregon at OAR
635-140-0000 through
635-140-0025, and a discussion
of how the proposed measures would achieve those goals and requirements;
and
(h) A description of the
applicant's proposed monitoring plans to evaluate the success of the measures
described in (g).
Notes
Statutory/Other Authority: ORS 469.470 & ORS 469.501
Statutes/Other Implemented: ORS 469.501
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To issue a site certificate, the Council must find that the design, construction and operation of the facility, taking into account mitigation, are consistent with:
(1) The general fish and wildlife habitat mitigation goals and standards of OAR 635-415-0025(1) through (6) in effect as of February 24, 2017, and
(2) For energy facilities that impact sage-grouse habitat, the sage-grouse specific habitat mitigation requirements of the Greater Sage-Grouse Conservation Strategy for Oregon at OAR 635-415-0025(7) and OAR 635-140-0000 through -0025 in effect as of February 24, 2017.
Notes
Stat. Auth.: ORS 469.470 & 469.501
Stats. Implemented: ORS 469.501