734-024-0015 Definitions As used in this division, unless the context otherwise requires: (1) “Commission” means the Oregon Transportation Commission. (2) “Context sensitive and sustainable solutions” means a philosophy that combines the principles of context sensitive design and sustainability. A framework for implementing the goals that reflect social values (community values; cultural, aesthetic, and historic resources; and diversity), maintain safety and mobility, support economic prosperity, achieve responsible stewardship of the natural environment, and facilitate cost-effective solutions. (3) “Department” means the Oregon Department of Transportation. (4) “Department Region” means the five (5) established Regions of the Department responsible for development and delivery of the Department’s highway construction projects. (5) “Director” means the Director of the Oregon Department of Transportation. (6) “Enhancement” means, with respect to the environment, an opportunity to be considered, not a requirement. Enhancement includes activities that go beyond the agreed-upon regulatory requirements whether in planning, design, construction, maintenance, or operations. (7) “Environmental Guiding Principles” means organizational values that help the Department maintain a strong commitment to environmental stewardship. For highway construction project design and construction activities, ODOT must consider the following principles: (a) Select, design, and construct state highway construction projects in a context sensitive and sustainable manner. (b) Mitigate impacts to natural and cultural resources, to the extent practicable. (c) Consider cost-effective resource enhancement opportunities to support natural and cultural resource functions. (d) Improve environmental permitting processes to efficiently meet both the needs and expectations of project delivery and the Department’s environmental commitments. (e) Collaborate and seek consensus with internal and external stakeholders to find balance between resource impacts and achieving the purpose and need of highway construction projects. (f) Maintain accountability and transparency for decisions and actions that affect the resources entrusted to the Department and for the environmental outcomes that result from Department projects. (8) “Environmental performance standards” means acceptable levels of environmental performance specified for project activities. (9) “Environmental permit” means an approval or clearance that is needed to comply with an environmental law or regulation. (10) “Environmental permitting process” means all the Department and regulatory agency activities and tasks that produce environmental compliance products for state highway construction projects to meet environmental laws, rules, and regulations. (11) “Environmental stewardship” means the responsibility for environmental quality while developing and managing the transportation infrastructure. It means actively working to protect and enhance our natural and cultural resources for current and future generations. It is demonstrated through continuous improvement of environmental performance while conducting the scope and purpose of ODOT’s mission. (12) “Foreign oil” means oil or its derivatives that are imported to the United States from other countries. (13) “Highway,” as defined by ORS 801.305, means every public way, road, street, thoroughfare and place, including bridges, viaducts and other structures within the boundaries of this state, open, used or intended for use of the general public for vehicles or vehicular traffic as a matter of right. (14) “Local Government Highway Construction Projects Funded by the Department” means a public improvement project on highways under the jurisdiction, control, and management of local governmental bodies that are funded either in whole or in part with either state or federal funds. Local government funding programs administered by the Department include highway construction projects to which this rule would apply. (15) “Mitigation” means: (a) Avoiding the impact altogether by not taking a certain action or parts of an action. (b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation. (c) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment. (d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action. (e) Compensating for the impact by replacing or providing substitute resources or environments. (16) “Programmatic agreement” means a document that specifies the terms of a formal, legally binding agreement between a state Department of Transportation and other state and/or federal agencies. A programmatic agreement establishes a process for consultation, review, and compliance with one or more federal or state laws. (17) “Programmatic permit” means a permit or other authorization that (a) Covers a geographic or statewide area and applies to a variety of projects, activities, or locales; or (b) Covers certain activities within specific size or impact thresholds. A programmatic approach may allow actions to proceed without project-specific approval by each permit decision-making agency. (18) “State highway construction project” means a public improvement project on state highways under the jurisdiction, control, and management of the Department, including interstate highways within the State of Oregon. (19) “Sustainability,” as defined by ORS 184.421, means using, developing, and protecting resources in a manner that enables people to meet current needs while providing for future generations to meet their needs, from the joint perspective of environmental, economic, and community objectives. Statutory/Other Authority: ORS 184.616, 184.619, OL 2009, Ch. 865 & sec 18 Statutes/Other Implemented: OL 2009, Ch. 865 & sec 18 History: HWD 4-2011, f. & cert. ef. 5-27-11