Or. Admin. R. 141-085-0755

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

Section 141-085-0755 - Advance Mitigation

(1) Set-Aside Excess Credits. As part of the existing, active individual removal-fill permit application process, an applicant may request that the Department consider that the proposed permittee-responsible CM (as documented in a CM Plan prepared in accordance with OAR 141-085-0705) could produce mitigation credits in excess of those needed to satisfy project requirements.

(2) Additional Information Required. If the applicant desires to preserve the option of receiving additional mitigation credit from the excess credits for future projects by the same applicant and by up to one additional party, then the following additional information must be submitted as a part of the applicant's CM plan:

(a) The specific area(s) of the CM site that compensates for the specific permitted effect, and identification of the specific areas of the CM site that are proposed for credit in future projects;

(b) A table showing how much credit, under suitable mitigation accounting in OAR 141-085-0692, is being claimed at the CM site; and

(c) The name of any additional person who would use the advance credits.

(3) Applicant Assumes All Risk. If the applicant elects to pursue this option, he/she does so completely at his/her own risk. CM in advance does not create the presumption that a proposed future wetland impact will be authorized, or that the CM will be considered suitable CM. A separate alternatives analysis will be required for each and every separate individual removal-fill permit application.

(4) Monitoring Requirements. Monitoring to determine if success criteria are met must continue for five years or until the success criteria are achieved, whichever is longer. Such monitoring requirements will apply to each designated mitigation area, or for the entire mitigation site if constructed at one time.

(5) Conversion of Unused Credits. Unused credits may be converted to mitigation bank credits at the discretion of the Department and in accordance with OAR 141-085-0720 to OAR 141-085-0740.

Or. Admin. R. 141-085-0755

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 3-2014, f. 8-14-14, cert. ef. 9-1-14; DSL 2-2019, amend filed 03/28/2019, effective 4/1/2019

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

Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.800 - 196.990