Or. Admin. R. 141-085-0710

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

Section 141-085-0710 - Monitoring Requirements for CWM

(1) Purpose. The purpose of the CM monitoring requirement is to provide information for the Department to:

(a) Determine whether the CM complies with the conditions of the authorization and whether the CM has achieved its stated goals, objectives and performance standards;

(b) Determine whether the CM is replacing wetland and tidal waters area, including any required buffers;

(c) Determine whether the CM site is replacing functions and values; and

(d) Provide information for removal-fill program monitoring.

(2) Monitoring Reports. The permit holder must monitor the CM site and provide to the Department monitoring reports commensurate with CM site size and complexity. Those reports must include at minimum:

(a) A post construction report demonstrating as built conditions and discussing any variation from the approved plan. Unless waived by the Department, the post construction report must be submitted within 90 calendar days of completing grading;

(b) An annual written monitoring report that includes all data necessary to document compliance with CM conditions and performance standards; and

(c) A sufficient number of permanent monitoring points to provide a representative sampling of the CM site and buffers.

(3) Duration. Monitoring must be conducted for a minimum period of five growing seasons after the completion of all the initial plantings, unless otherwise specified by the Department.

(4) Final Monitoring Report Requirements. To determine whether the CM project will meet acreage and functional replacement requirements, the Department must receive by not later than the fifth year of the monitoring program the following additional documentation:

(a) Mapping of the CM site boundary and for CWM projects, verification of quantities of actual restoration, creation and enhancement acreages achieved by HGM and Cowardin class; and

(b) Comparison of actual functions and values attained at the CM site compared to the predicted functions and values for the CM site identified in the CM Plan.

(5) Additional Monitoring. The Department may require modifications to the CM plan, as well as require additional monitoring, if the Department determines that the CM fails to meet performance standards, replacement acreage requirements, or replace functions and values.

(6) Release from Monitoring Obligations. When the Department determines that the CM complies with the conditions of the removal-fill authorization, the Department will notify the permit holder in writing that additional monitoring is not required.

Or. Admin. R. 141-085-0710

DSL 1-2009, f. 2-13-09, cert. ef. 3-1-09; DSL 1-2011, f. & cert. ef. 3-1-11; DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12; DSL 2-2019, amend filed 03/28/2019, effective 4/1/2019; DSL 10-2019, minor correction filed 04/16/2019, effective 4/16/2019

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

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