Or. Admin. Code § 635-420-0060 - Wildlife Mitigation Plan

(1) The applicant shall prepare a wildlife mitigation plan as part of the consolidated application for a chemical process mine in OAR Chapter 637, Division 037. On the date the consolidated application is submitted to DOGAMI, the applicant shall provide one copy of the wildlife mitigation plan and all information incorporated into the plan by reference to each Department representative on the Project Coordinating Committee and the Technical Review Team.

(2) Mitigation measures shall employ reliable methods as defined in OAR 635-415-0015, and shall be based upon the best available, practicable and necessary technology to meet the standard of no overall net loss of habitat value. The standard of "no overall net loss" shall be met through compliance with OAR Chapter 635, Division 415.

(3) The Department, or a third party contractor hired by the Department, shall review the wildlife mitigation plan and shall notify DOGAMI and the applicant in writing of any amendments which are necessary for compliance with the requirements of this rule or OAR Chapter 635, Division 415.

(4) The wildlife mitigation plan shall include the information required in OAR 635-415-0020(5). Affected wildlife habitats shall be evaluated using methodologies approved by the Department which are well-documented, measurable and verifiable. Examples of such methodologies include, but are not limited to, the U.S. Fish and Wildlife Service Habitat Evaluation Procedure and, if applicable, the U.S. Fish and Wildlife Service In-Stream Flow Incremental Methodology. Examples of habitats that shall be addressed in the mitigation plan include, but are not limited to:

(a) Surface waterways, streams, springs, seeps, wetlands and other aquatic habitats;

(b) Riparian areas;

(c) Big game habitat;

(d) Bird habitat;

(e) Habitat for state or federally listed threatened or endangered species, and state sensitive species;

(f) Reproduction and nursery areas;

(g) Fish spawning areas;

(h) Geomorphic and edaphic habitats including cliffs, caves, sand dunes, play as and local distinctive soils that, along with their vegetation, contrast markedly with the surrounding area;

(i) Wildlife migration and movement corridors.

(5) The mitigation plan shall ensure that a self-sustaining ecosystem comparable to undamaged ecosystems in the study area is established upon completion of reclamation. The plan shall establish quantitative measures of ecosystem utility and stability, including but not limited to quantitative measures for evaluating habitat diversity, wildlife species diversity, and plant community composition, structure and utilization by wildlife.

(6) The wildlife mitigation plan may avoid duplication by incorporating information included in environmental assessments (EA) or environmental impact statements (EIS) prepared for the proposed chemical process mine, or information included in the consolidated permit application required by DOGAMI. The plan shall identify by source, section and page number the information being relied upon to meet each of the requirements of OAR 635-420-0040(5) and this division.

Notes

Or. Admin. Code § 635-420-0060

FWC 140-1991, f. & cert. ef. 12-26-91

Stat. 496.012 & 506.109

Stats. Implemented: ORS 496 .012 & 506.109