Or. Admin. Code § 345-022-0070 - Threatened and Endangered Species
To issue a site certificate, the Council, after consultation with appropriate state agencies, must find that:
(1) For plant species that the Oregon
Department of Agriculture has listed as threatened or endangered under ORS
564.105(2), the
design, construction and operation of the proposed facility, taking into
account mitigation:
(a) Are consistent with
the protection and conservation program, if any, that the Oregon Department of
Agriculture has adopted under ORS
564.105(3);
or
(b) If the Oregon Department of
Agriculture has not adopted a protection and conservation program, are not
likely to cause a significant reduction in the likelihood of survival or
recovery of the species.
(2) For wildlife species that the Oregon Fish
and Wildlife Commission has listed as threatened or endangered under ORS
496.172(2), the
design, construction and operation of the proposed facility, taking into
account mitigation, are not likely to cause a significant reduction in the
likelihood of survival or recovery of the species.
(3) To assist the Council in determining
whether the standard outlined in (1) through (2) has been met, the Applicant
must submit information about threatened and endangered plant and animal
species that may be affected by the proposed facility, providing evidence to
support a finding by the Council as required by OAR
345-022-0070. The applicant must
include:
(a) Based on appropriate literature
and field study, identification of all threatened or endangered species listed
under ORS 496.172(2) and
ORS 564.105(2) that
may be affected by the proposed facility;
(b) For each species identified under (a), a
description of the nature, extent, locations and timing of its occurrence in
the analysis area and how the facility might adversely affect it;
(c) For each species identified under (a), a
description of measures proposed by the applicant, if any, to avoid or reduce
adverse impact;
(d) For each plant
species identified under (a), a description of how the proposed facility,
including any mitigation measures, complies with the protection and
conservation program, if any, that the Oregon Department of Agriculture has
adopted under ORS 564.105(3);
(e) For each plant species identified under
paragraph (a), if the Oregon Department of Agriculture has not adopted a
protection and conservation program under ORS
564.105(3), a
description of significant potential impacts of the proposed facility on the
continued existence of the species and on the critical habitat of such species
and evidence that the proposed facility, including any mitigation measures, is
not likely to cause a significant reduction in the likelihood of survival or
recovery of the species;
(f) For
each animal species identified under (a), a description of significant
potential impacts of the proposed facility on the continued existence of such
species and on the critical habitat of such species and evidence that the
proposed facility, including any mitigation measures, is not likely to cause a
significant reduction in the likelihood of survival or recovery of the species;
and
(g) The applicant's proposed
monitoring program, if any, for impacts to threatened and endangered
species.
Notes
Statutory/Other Authority: ORS 469.470 & ORS 469.501
Statutes/Other Implemented: ORS 469.501
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
To issue a site certificate, the Council, after consultation with appropriate state agencies, must find that:
(1) For plant species that the Oregon Department of Agriculture has listed as threatened or endangered under ORS 564.105(2), the design, construction and operation of the proposed facility, taking into account mitigation:
(a) Are consistent with the protection and conservation program, if any, that the Oregon Department of Agriculture has adopted under ORS 564.105(3); or
(b) If the Oregon Department of Agriculture has not adopted a protection and conservation program, are not likely to cause a significant reduction in the likelihood of survival or recovery of the species; and
(2) For wildlife species that the Oregon Fish and Wildlife Commission has listed as threatened or endangered under ORS 496.172(2), the design, construction and operation of the proposed facility, taking into account mitigation, are not likely to cause a significant reduction in the likelihood of survival or recovery of the species.
Notes
Stat. Auth.: ORS 469.470 & 469.501
Stats. Implemented: ORS 469.501