Or. Admin. R. 141-093-0215

Current through Register Vol. 63, No. 9, September 1, 2024

Section 141-093-0215 - Jackson County Vernal Pools - Specific Conditions

(1) General Conditions Apply. All the requirements, procedures and conditions set forth in OAR 141-093-0105 through 141-093-0135 apply to this GP, unless otherwise specified in this GP.

(2) Proof of Mitigation Purchase. Before an authorization is approved, the Department must have proof of purchase of wetland mitigation bank credit, in-lieu fee credit purchase, or cash payment of the correct in-lieu amount.

(3) Long-Term Protection of Mitigation Sites Required. The mitigation site shall be protected in perpetuity pursuant to OAR 141-085-0695, using an instrument approved by the Department. There must be no wetland impacts until the approved instrument is fully executed.

(4) Post-Construction Report Required. For restore and manage sites, a post-construction report demonstrating as-built conditions and discussing any variation from the approved plan must be provided to the Department within 90 days of mitigation site grading. The post-construction report must include:

(a) A scaled drawing, accurate to 6-inch elevation, showing the finished contours of the mitigation site;

(b) A narrative that describes any deviation from the approved mitigation plan; and

(c) A copy of the fully executed long-term protection instrument.

(5) Term of Monitoring; Annual Monitoring Reports Required. The permittee must monitor the mitigation site to determine whether the mitigation site is meeting performance standards for a minimum period of five growing seasons after completion of all initial plantings, and longer if necessary, until the standards have been met for three consecutive non-drought years. Annual monitoring reports are required; however, if a drought year occurs within these timelines, that year may be deferred and the regular monitoring must resume the next non-drought year.

(6) Annual Monitoring Report Due Date. Annual monitoring reports are due by December 31st of each year.

(7) Extension of the Monitoring Period. The monitoring period may be extended, at the discretion of the Department, for failure to provide monitoring reports, failure of the mitigation site to meet performance standards for three consecutive non-drought years or when needed to evaluate re-planting or other corrective or remedial actions.

(8) Release of Mitigation Obligation. Mitigation monitoring is required until the Department has officially released the site from further monitoring.

(9) Failure to Submit Monitoring Reports. Failure to submit the monitoring report by the due date may result in an extension of the monitoring period, forfeiture of the financial security and/or enforcement action.

(10) Contents of the Annual Monitoring Report. The annual monitoring report must include the following information:

(a) Completed Monitoring Report Cover Sheet, which includes permit number, permit holder name, monitoring date, report year, performance standards, and a determination of whether the site is meeting performance standards;

(b) Impact and mitigation site location map(s);

(c) A brief narrative that describes maintenance activities conducted and recommendations for future management to sustain performance standards;

(d) Mitigation site map showing permanent plot locations that correspond to the data collected and fixed photo-points;

(e) Data collected to support the conclusions related to the status of the site relative to all the performance standards listed in this permit (include a summary and analysis in the report and raw data in the appendix);

(f) Photos from fixed photo points (include in the appendix);

(g) Other information necessary to document compliance with the performance standards listed in this permit;

(h) A post-construction functional assessment by the end of the monitoring period; and

(i) For "Restore and Manage" projects, a delineation must be conducted one time within the first five years, during spring of a year with normal precipitation patterns.

(11) Corrective Action May Be Required. The Department retains the authority to require corrective action in the event the performance standards are not accomplished at any time within the monitoring period.

(12) Monitoring Methods. The mitigation site must be monitored according to the monitoring methods described in the Vernal Pool General Permit Mitigation Performance Standards and Monitoring Methods, available on the Department's Web site.

(13) Performance Standards. Authorizations issued under this GP shall include the performance standards listed in the Vernal Pool General Permit Mitigation Performance Standards and Monitoring Methods, available on the Department's Web site. Alternative performance standards may be approved, if they are based on monitoring data from appropriate reference sites and they meet the following goals:

(a) The goal of the hydrology and topography standards is to restore and sustain the natural range of extent, depth and duration of water, and topography of vernal pools.

(b) The goal of the vegetation standards is to restore and maintain plant communities dominated by native species typical of least-disturbed reference site vernal pool wetlands and surrounding uplands.

(c) The goal for listed and rare species is to sustain or increase local populations.

Or. Admin. R. 141-093-0215

DSL 1-2012, f. 3-14-12, cert. ef. 4-1-12; DSL 62-2018, minor correction filed 01/05/2018, effective 1/5/2018

Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990

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