Loading (50 kb)...'
(continued) or the Department of Environmental Quality's (DEQ) Inventory of Hazardous Substance Sites (ORS 465.225).
(B) Only the portion of the wetland affected by such hazardous substances or wastes shall be excluded from the LSW analysis. Affected portions shall be delineated in consultation with EPA and DEQ, and shall include areas potentially disturbed by clean-up activities.
(C) Contaminated wetlands that have subsequently been removed from the NPL or DEQ Inventory following clean-up shall be re-evaluated under the LSW criteria at the next periodic review.
(2) Mandatory LSW Criteria. A local government shall identify a wetland as locally significant if it meets one or more of the following criteria:
(a) The wetland performs any of the following functions at the levels indicated below using the Oregon Freshwater Wetland Assessment Methodology:
(A) "Diverse" wildlife habitat; or
(B) "Intact" fish habitat; or
(C) "Intact" water quality function; or
(D) "Intact" hydrologic control function.
(b) The wetland or a portion of the wetland occurs within a horizontal distance less than one-fourth mile from a water body listed by the Department of Environmental Quality as a water quality limited water body (303 (d) list), and the wetland's water quality function is described as "intact" or "impacted or degraded" using OFWAM. The 303(d) list specifies which parameters (e.g., temperature, pH) do not meet state water quality standards for each water body. A local government may determine that a wetland is not significant under this subsection upon documentation that the wetland does not provide water quality improvements for the specified parameter(s).
(c) The wetland contains one or more rare plant communities, as defined in this rule.
(d) The wetland is inhabited by any species listed by the federal government as threatened or endangered, or listed by the state as sensitive, threatened or endangered, unless the appropriate state or federal agency indicates that the wetland is not important for the maintenance of the species.
(A) The use of the site by listed species must be documented, not anecdotal. Acceptable sources of documentation may include but are not limited to: field observations at the wetland sites during the local wetlands inventory and functional assessments, and existing information on rare species occurrences at agencies such as the Oregon Natural Heritage Program, Oregon Department of Fish and Wildlife, Oregon Department of Agriculture and the U.S. Fish and Wildlife Service.
(B) Input originating from other locally knowledgeable sources constitutes "documentation" if verified by one of the above agencies or a university or college reference collection.
(e) The wetland has a direct surface water connection to a stream segment mapped by the Oregon Department of Fish and Wildlife as habitat for indigenous anadromous salmonids, and the wetland is determined to have "intact" or "impacted or degraded" fish habitat function using OFWAM.
(3) Optional LSW Criteria. At the discretion of the local government, wetlands that meet one or more of the following criteria may be identified as locally significant wetlands:
(a) The wetland represents a locally unique native plant community: wetland is or contains the only representative of a particular native wetland plant community in the UGB/UUC, which is only applicable if the entire UGB/UUC is inventoried. To be identified as a LSW, such a wetland must also have been assessed to perform at least one of the following functions at the levels indicated below using OFWAM:
(A) Its wildlife habitat descriptor is either "provides diverse habitat", or "provides habitat for some wildlife species"; or
(B) Its fish habitat descriptor is either "intact", or "impacted or degraded"; or
(C) Its water quality function descriptor is either "intact", or "impacted or degraded"; or
(D) Its hydrologic control function descriptor is either "intact", or "impacted or degraded".
(b) The wetland is publicly owned and determined to "have educational uses" using OFWAM, and such use by a school or organization is documented for that site.
Stat. Auth.: ORS 273 .360
Stats. Implemented: ORS 197.299
Hist.: LB 7-1996, f. 12-13-96, cert. ef. 1-1-97
141-086-0360
Purpose
Pursuant to ORS 197.279, 196.672 and 196.674, these rules establish procedures and criteria for identifying wetlands of statewide significance, called "outstanding state wetlands." These rules complement the rules for identifying locally significant wetlands (OAR 141-086-0300 through 141-086-0350).
Stat. Auth.: ORS 273 .045 & ORS 273 .051
Stats. Implemented: ORS 197.279(3), ORS 196.672 & ORS 196.674
Hist.: LB 4-1997, f. 4-15-97, cert. ef. 5-1-97
141-086-0370
Definitions
(1) "Classification" means the designation of wetlands into hydrogeomorphic classes and subclasses. For example, "riverine" would be one class of wetlands.
(2) "Director" means the Director of the Division of State Lands or the Director's designee.
(3) "Division" means the Division of State Lands.
(4) "Functional Assessment" means the process by which the capacity of a wetland to perform a certain function or group of functions is measured. Such functions would include but are not limited to: surface water storage, sediment removal, and maintenance of characteristic plant communities.
(5) The "Hydrogeomorphic Method" or "HGM" is a scientific method of wetland classification and functional assessment based on a wetland's location in the landscape and the sources and duration of water flow. The HGM approach identifies the wetland classes present in each region, defines the functions that each class of wetlands performs, and establishes reference sites to define the range of functioning of each wetland class.
(6) "Outstanding State Wetlands" or "OSWs" are reference standard wetlands identified within each Oregon region.
(7) "Reference Standard Wetlands" are one component of an HGM and, for the purposes of these rules, are those sites that best exhibit the highest sustainable level of functional capacity for the functions performed by the regional wetland class or subclass.
(8) "Region" means an ecosystem-based geographical subdivision of the state, such as the Level III and IV Ecoregions of Oregon (e.g., the Willamette Valley) mapped by the U. S. Environmental Protection Agency.
(9) "Wetlands" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Stat. Auth.: ORS 273 .045 & ORS 273 .051
Stats. Implemented: ORS 197.279(3), ORS 196.672 & ORS 196.674
Hist.: LB 4-1997, f. 4-15-97, cert. ef. 5-1-97
141-086-0380
Applicability
(1) These rules set forth the criteria and procedures by which the Division will identify outstanding state wetlands and provide the information to local governments. Due to the state's interest in OSWs and the expertise required for their identification, the Division is responsible for applying these rules.
(2) The Land Conservation and Development Commission will determine any local land use planning responsibilities regarding OSWs identified by the Division.
(3) OSWs identified according to these rules become part of the Statewide Wetlands Inventory.
Stat. Auth.: ORS 273 .045 & ORS 273 .051
Stats. Implemented: ORS 197.279(3), ORS 196.672 & ORS 196.674
Hist.: LB 4-1997, f. 4-15-97, cert. ef. 5-1-97
141-086-0390
Criteria and Procedures
(1) A wetland shall be identified as an OSW if it is judged by the Division to be a reference standard wetland as defined in sections 141-086-0370(7).
(2) The Division may convene one or more technical panel(s) of wetland scientists with expertise in wetland functions, wetland classification, and/or regional wetland types in Oregon. The technical panel(s) will assist the Division in developing the hydrogeomorphic classification and functional assessment method (HGM) for Oregon, identifying the regional wetland classes and subclasses, primary functions, and reference standard wetlands. The Oregon HGM will be developed in stages, region by region, as resources allow. The Oregon HGM will be developed in cooperation with the Army Corps of Engineers, Environmental Protection Agency, Natural Resources Conservation Service, state resource agencies, and others as appropriate, and will incorporate protocols developed by the U.S. Army Corps of Engineers Waterways Experiment Station (for example, Technical Report WRP-DE-9, R. D. Smith et al., 1995).
(3) Prior to designating a reference standard wetland as an OSW, the Division shall:
(a) Identify and map site boundaries;
(b) Develop management recommendations to conserve and protect the documented wetland functions of the site;
(c) Develop draft findings describing how the site has met the standards for an OSW;
(d) Provide public notice on the draft findings to the local government, affected landowners and land managers and other interested parties, and provide a 45-day public comment period;
(e) Hold at least one public meeting within the area of the proposed OSW(s) during the comment period; and
(f) Finalize the findings and site boundaries after consideration of public comment.
(4) The Division shall provide all maps, criteria findings and supporting information regarding an identified OSW to the appropriate local government(s) for their use in land use planning activities.
Stat. Auth.: ORS 273 .045 & ORS 273 .051
Stats. Implemented: ORS 197.279(3), ORS 196.672 & ORS 196.674
Hist.: LB 4-1997, f. 4-15-97, cert. ef. 5-1-97
--------------------------------------------------------------------------------
The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use
--------------------------------------------------------------------------------