Or. Admin. Code § 350-082-0660

Current through Register Vol. 63, No. 11, November 1, 2024

Section 350-082-0660 - General Management Area Rare Plant Review Criteria

(1) Review Uses and Site Plans

(a) Except uses allowed outright, proposed uses may be allowed within 1,000 feet of a rare plant, subject to compliance with 350-082-0600 through 350-082-0720 and section (3) below.

(b) The approximate locations of rare plants are shown in rare plant species data maintained by the Oregon Biodiversity Information Center and the Washington Natural Heritage Program. State heritage staff will help determine if a new use would invade the buffer zone of rare plants. Endemic plants species shown in 350-082-0690 Table 2 - Columbia Gorge and Vicinity Endemic Plant Species are considered rare plants even if not contained in the state heritage data.

(c) Proposed uses within 1,000 feet of a rare plant shall be evaluated for adverse effects, including cumulative effects, and adverse effects shall be prohibited.

(d) In addition to the information required in all site plans, uses within 1,000 feet of a rare plant site shall include a map prepared at a scale of one inch equals 100 feet (1:1,200) or a scale providing greater detail.

(2) Field Survey

(a) A field survey to identify rare plants shall be required for:

(A) Land divisions that create four or more parcels;

(B) Recreation facilities that contain parking areas for more than ten cars, overnight camping facilities, boat ramps, or visitor information and environmental education facilities;

(C) Public transportation facilities that are outside improved rights-of-way;

(D) Electric facilities, lines, equipment, and appurtenances that are 33 kilovolts or greater; and

(E) Communications, water and sewer, and natural gas transmission (as opposed to distribution) lines, pipes, equipment, and appurtenances and other project related activities, except when all of their impacts will occur inside previously disturbed road, railroad or utility corridors, or existing developed utility sites, that are maintained annually.

(b) Field surveys shall cover all areas affected by the proposed use or recreation facility. They shall be conducted by a person with recognized expertise in botany or plant ecology hired by the project applicant. They shall be conducted when plants are expected to be flowering or most easily detectable. Field surveys shall identify the precise location of the rare plants and delineate a 200-foot buffer zone. The results of a field survey shall be shown on the site plan map and kept confidential as required by state law.

(3) Uses that are proposed within 1,000 feet of a rare plant shall be reviewed as follows:

(a) The Executive Director shall submit site plans to the Oregon Biodiversity Information Center or Washington Natural Heritage Program. State heritage staff will review the site plan and their field survey records and identify the precise location of the affected plants and delineate a 200-foot buffer zone on the project applicant's site plan.

(b) If the field survey records of the state heritage program are inadequate, the project applicant shall hire a person with recognized expertise in botany or plant ecology to ascertain the precise location of the affected plants.

(c) The rare plant protection process may conclude if the Executive Director, in consultation with the state heritage staff, determines that the proposed use would be located outside of a rare plant buffer zone.

(d) New uses shall be prohibited within rare plant buffer zones, except for those uses that are allowed outright.

(e) If a proposed use must be allowed within a rare plant buffer area in accordance with 350-082-0590, the project applicant shall prepare a mitigation plan pursuant to section (4) below.

(f) The Executive Director shall submit a copy of all field surveys and mitigation plans to the Oregon Biodiversity Information Center or Washington Natural Heritage Program. The state heritage staff will have 20 days from the date that a field survey is mailed to submit written comments to the Executive Director.

(g) The Executive Director shall record and address any written comments submitted by the state heritage staff in the Executive Director's decision.

(h) Based on the comments from the state heritage staff, the Executive Director will make a final decision on whether the proposed use would be consistent with the rare plant guidelines. If the final decision contradicts the comments submitted by the state heritage staff, the Executive Director shall justify how the opposing conclusion was reached.

(4) Rare Plant Mitigation Plans

(a) Rare plant mitigation plans shall minimize and offset unavoidable impacts that result from a new use that occurs within a rare plant buffer zone as the result of a variance.

(b) Rare plant mitigation plans shall meet the following guidelines:

(A) Rare plant mitigation plans shall be prepared by a professional botanist or plant ecologist hired by the project applicant.

(B) Construction, protection, and rehabilitation activities shall occur during the time of the year when ground disturbance will be minimized and protection, rehabilitation, and replacement efforts will be maximized.

(C) Rare plants that will be altered shall be transplanted or replaced, to the maximum extent practicable. Replacement is used here to mean the establishment of a particular plant species in areas of suitable habitat not affected by new uses. Replacement may be accomplished by seeds, cuttings, or other appropriate methods.

(D) Replacement shall occur as close to the original plant site as practicable. The project applicant shall ensure that at least 75 percent of the replacement plants survive three years after the date they are planted.

(E) Rare plants and their surrounding habitat that will not be altered shall be protected and maintained. Appropriate protection and maintenance techniques shall be applied, such as fencing, conservation easements, livestock management, and noxious weed control.

(F) Habitat of a rare plant that will be affected by temporary uses shall be rehabilitated to a natural condition.

(G) Protection efforts shall be implemented before construction activities begin. Rehabilitation efforts shall be implemented immediately after the plants and their surrounding habitat are disturbed.

(H) Rare plant mitigation plans shall include maps, photographs, and text. The text shall:

(i) Describe the biology of rare plant species that will be affected by a proposed use.

(ii) Explain the techniques that will be used to protect rare plants and their surrounding habitat that will not be altered.

(iii) Describe the mitigation actions that will minimize and offset the impacts that will result from a proposed use.

(iv) Include a 3-year monitoring, maintenance, and replacement program. The project applicant shall prepare and submit to the Executive Director an annual report that documents milestones, successes, problems, and contingency actions.

(5) Rare Plant Buffer Zones

(a) A 200-foot buffer zone shall be maintained around rare plants. Buffer areas shall remain in an undisturbed, natural condition.

(b) Buffer zones may be reduced if a project applicant demonstrates that intervening topography, vegetation, human-made features, or natural plant habitat boundaries negate the need for a 200-foot radius. Under no circumstances shall the buffer zone be less than 25 feet.

(c) Requests to reduce buffer areas.

(A) Requests to reduce buffer areas shall be considered if a professional botanist or plant ecologist hired by the project applicant:

(i) Identifies the precise location of the rare plants;

(ii) Describes the biology of the rare plants; and

(iii) Demonstrates that the proposed use will not have any negative effects, either direct or indirect, on the affected plants and the surrounding habitat that is vital to their long-term survival.

(B) All requests shall be prepared as a written report. Published literature regarding the biology of the affected plants and recommendations regarding their protection and management shall be cited. The report shall include detailed maps and photographs.

(d) The Executive Director shall submit all requests to reduce rare plant buffer zones to the Oregon Biodiversity Information Center or Washington Natural Heritage Program. The state heritage staff will have 20 days from the date that such a request is mailed to submit written comments to the Executive Director.

(e) The Executive Director shall record and address any written comments submitted by the state heritage staff in the Executive Director's decision.

(f) Based on the comments from the state heritage staff, the Executive Director will make a final decision on whether the reduced buffer area is justified. If the final decision contradicts the comments submitted by the state heritage staff, the Executive Director shall justify how the opposing conclusion was reached.

Or. Admin. Code § 350-082-0660

CRGC 1-2022, adopt filed 03/02/2022, effective 5/1/2022

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c)

Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c)