Or. Admin. R. 141-085-0685

Current through Register Vol. 63, No. 6, June 1, 2024

Section 141-085-0685 - Functions and Values Assessment

(1) Purpose. The purpose of the functions and values assessment is to document those functions and values anticipated to be lost as a result of the project and help ensure that the proposed CM will replace those functions and values. Uplands are assumed to have zero functions and values for purposes of these rules.

(2) Functions and Values Assessment Requirements. More than one assessment may be required to document the following:

(a) Existing functions and values at the proposed project site;

(b) Functions and values reasonably expected after implementation of the proposed project;

(c) Existing functions and values at the proposed CM site

(d) Functions and values reasonably expected to be provided at the proposed CM site after implementation of the CM project; and

(e) The projected net gain or loss of functions and values as a result of the CM project compared to the reasonably expected adverse impacts as a result of the project.

(3) Exceptions. A functions and values assessment is not required for the proposed CM site if:

(a) CM is proposed to be fulfilled by purchase of legacy credits, in-lieu fee mitigation credits not associated with a Department-approved project, or payment in-lieu mitigation.

(b) The project is limited to 0.20 acres or less of permanent wetland impact and CM is proposed to be fulfilled by purchase of bank credits, or in-lieu fee mitigation credits associated with a Department-approved project.

(4) Methods. The same functions and values assessment method must be used at the proposed project site and the proposed CM site, and to assess the sites as they currently exist and are predicted to exist if the proposed project is implemented. Functions and values assessment methods and requirements are as follows:

(a) All applications for tidal waters, or wetland types that are an Aquatic Resources of Special Concern, and applications for other wetland impacts of greater than 0.20 acres, must include a functions and values assessment using the Oregon Rapid Wetland Assessment Protocol (ORWAP) or the Vernal Pool Function Assessment Method for the Agate Desert, if applicable.

(b) Applications received after July 1, 2019, for any impact amount in intermittent streams, perennial streams, or Aquatic Resources of Special Concern associated with intermittent streams or perennial streams, must include a functions and values assessment using the Stream Function Assessment Method (SFAM), if applicable.

(c) For non-tidal wetland impacts involving impacts of 0.20 acres or less, ORWAP is the preferred method, but best professional judgment may be used to assess wetland functions and values.

(d) For impacts to jurisdictional ditches, SFAM is the preferred method, but best professional judgment may be used to assess functions and values.

(e) Applications for impacts to waters of the state where ORWAP, the Vernal Pool Function Assessment Method for the Agate Desert, or SFAM are not applicable or not otherwise required may use best professional judgment to assess functions and values.

(f) If best professional judgment is used:

(A) Group-level functions and values to be assessed must include, but are not limited to, those outlined in ORWAP or SFAM, as appropriate.

(B) Conclusions must include a rating (i.e. low, moderate, or higher) for each of the group-level functions and values, and a written discussion of the basis of that rating. For example, if the water quality function is rated "low," a detailed rationale based upon direct measurement or observation of indicators of water quality function must be discussed.

(g) The Oregon Freshwater Wetland Assessment Methodology will not satisfy the requirements of OAR 141-085-0685.

Or. Admin. R. 141-085-0685

DSL 1-2009, f. 2-13-09, cert. ef. 3-1-09; DSL 8-2009, f. 12-15-09 cert. ef. 1-1-10; DSL 1-2011, f. & cert. ef. 3-1-11; DSL 2-2019, amend filed 03/28/2019, effective 4/1/2019; DSL 5-2019, minor correction filed 04/10/2019, effective 4/10/2019

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

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