reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 415 - FISH AND WILDLIFE HABITAT MITIGATION POLICY › Section 635-415-0010 - Fish and Wildlife Habitat Mitigation Policy

Current through Register Vol. 63, No. 7, July 1, 2024
It is the fish and wildlife habitat mitigation policy of the
				Oregon Department of Fish and Wildlife to require or recommend, depending upon
				the habitat protection and mitigation opportunities provided by specific
				statutes, mitigation for losses of fish and wildlife habitat resulting from
				development actions. Priority for mitigation actions shall be given to habitat
				for native fish and wildlife species. Mitigation actions for nonnative fish and
				wildlife species may not adversely affect habitat for native fish and
				wildlife.
Stat. Auth.: ORS
				  496.012, ORS
				  496.138, ORS
				  496.171, ORS
				  506.109 & ORS
				  506.119
Stats. Implemented: ORS
				  496.012, ORS
				  496.138, ORS
				  496.171, ORS
				  506.109 & ORS
				  506.119
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 415 - FISH AND WILDLIFE HABITAT MITIGATION POLICY › Section 635-415-0015 - Application of Fish and Wildlife Habitat Mitigation Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 shall work with regulatory and planning agencies, land management agencies,
			 private developers, operators, public interest groups, and the public to
			 implement this Fish and Wildlife Habitat Mitigation Policy.
(2) The Department shall apply the
			 requirements of this division when implementing its own development actions,
			 and when developing recommendations to other state, federal, or local agencies
			 regarding development actions for which mitigation for impacts to fish and
			 wildlife habitat is authorized or required by federal, state, or local
			 environmental laws or land use regulations.
(3) In applying this policy, the Department
			 shall identify and utilize the habitat protection and mitigation opportunities
			 provided by applicable federal, state, and local environmental laws and land
			 use regulations, and shall participate throughout the duration of these
			 regulatory processes to coordinate Department mitigation requirements or
			 recommendations with those of other agencies. If the regulatory authority of an
			 agency provides for mitigation of cumulative or historic losses, the Department
			 shall apply the standards of OAR
			 635-415-0025 in making its
			 recommendations.
(4) When making
			 recommendations on local land use actions, the Department shall follow the
			 provisions of its certified State Agency Coordination Program and OAR Chapter
			 635 Division 405.
(5) Unless
			 required by statute, the Department may elect not to recommend or require
			 mitigation for a development action if, in the opinion of the Department, the
			 impacts to fish and wildlife habitat are expected to be inconsequential in
			 either nature, extent, or duration; or if staff resources are not
			 available.
(6) Nothing in this
			 policy shall be construed to vest authority in the Department where no such
			 statutory or regulatory authority has been granted.
Stat. Auth.: ORS
				  496.012, ORS
				  496.138, ORS
				  496.171, ORS
				  506.109 & ORS
				  506.119
Stats. Implemented: ORS
				  496.012, ORS
				  496.138, ORS
				  496.171, ORS
				  506.109 & ORS
				  506.119
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 415 - FISH AND WILDLIFE HABITAT MITIGATION POLICY › Section 635-415-0020 - Implementation of Department Habitat Mitigation Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department shall provide mitigation
			 consistent with the goals and standards of OAR
			 635-415-0025 for Department
			 development actions that impact fish and wildlife habitat.
(2) The Department shall require mitigation
			 consistent with the goals and standards of OAR
			 635-415-0025 for development
			 actions that impact fish and wildlife habitat for which the Department has
			 statutory authority to require mitigation as a condition of a permit or
			 order.
(3) The Department shall
			 recommend mitigation consistent with the goals and standards of OAR
			 635-415-0025 for development
			 actions which impact fish and wildlife habitat for other than Department
			 actions when:
(a) Federal or state
			 environmental laws or land use regulations authorize or require mitigation for
			 impacts to fish and wildlife; or
(b) Local environmental laws or land use
			 regulations authorize or require mitigation for impacts to fish and wildlife
			 habitat; or
(c) The proposed
			 development action requires either an amendment to an acknowledged
			 comprehensive plan or land use regulation relating to fish and wildlife habitat
			 protection, or adoption of a new land use regulation relating to fish and
			 wildlife habitat protection, and the Department believes that mitigation is
			 necessary to comply with Statewide Planning Goal 5 or other applicable
			 statewide planning goal requirements for fish and wildlife habitat
			 protection.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 415 - FISH AND WILDLIFE HABITAT MITIGATION POLICY › Section 635-415-0025 - Implementation of Department Habitat Mitigation Recommendations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Habitat
			 Category 1" is irreplaceable, essential habitat for a fish or wildlife species,
			 population, or a unique assemblage of species and is limited on either a
			 physiographic province or site-specific basis, depending on the individual
			 species, population or unique assemblage.
(a)
			 The mitigation goal for Category 1 habitat is no loss of either habitat
			 quantity or quality.
(b) The
			 Department shall act to protect Category 1 habitats described in this
			 subsection by recommending or requiring:
(A)
			 Avoidance of impacts through alternatives to the proposed development action;
			 or
(B) No authorization of the
			 proposed development action if impacts cannot be avoided.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 418 - Regional Dry Maintenance Time Periods › Section 635-418-0100 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this rule division is for the Department to
				designate regional dry maintenance time periods for conducting removal-fill
				activities in dry, traditionally maintained channels as defined in ORS
				196.906-196.919 and OAR
				603-095-4000 to OAR
				603-095-4060. The dry
				maintenance time periods are designed to minimize potential impacts to the most
				vulnerable life stages of fish and wildlife species. Statewide review of the
				rules will occur on a periodic basis as warranted based on new information and
				adaptive management.
Statutory/Other Authority: ORS
				  496.012,
				  496.164,
				  496.138,
				  506.109 &
				  196.906-196.919
Statutes/Other Implemented: ORS
				  496.012,
				  496.164,
				  506.109 &
				  196.906-196.919
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 418 - Regional Dry Maintenance Time Periods › Section 635-418-0110 - Area Definitions and Dry Maintenance Time Periods for Watersheds in Agricultural Drainage Maintenance Regions as Defined by Oregon Department of Agriculture Administrative Rule (OAR 603-095-4010)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) North Willamette Watershed
(a) That portion of the Lower Columbia River
			 Basin, Sandy River Basin, and Lower Willamette River Basin described below.
(A) Lower Columbia River - Area definition:
			 That portion of the Columbia River upstream of Hunt Creek to and including
			 Herman Creek, including but not limited to the following river basins:
(i) Columbia River tributaries,
(ii) Clatskanie River, and
(iii) all other tributaries, small basins,
			 side channels, lakes, oxbows or sloughs that are associated with or drain
			 directly into the Columbia River in the defined area and river basins described
			 above (excluding the Sandy and Willamette Basins).
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 418 - Regional Dry Maintenance Time Periods › Section 635-418-0120 - Variance Process

Current through Register Vol. 63, No. 7, July 1, 2024
A variance to conduct maintenance in dry, traditionally
				maintained channels outside of the regional dry maintenance time periods
				identified in 635-418-0110, may be requested
				through OAR 603-095-4045. The Department, on
				a project-by-project basis, will consider variations in climate, location, risk
				to fish and wildlife resources, project size and extent, and other factors when
				evaluating instances for work outside of the regional dry maintenance time
				periods.
Statutory/Other Authority: ORS
				  496.012,
				  496.164,
				  496.138,
				  506.109 &
				  196.906-196.919
Statutes/Other Implemented: ORS
				  496.012,
				  496.164,
				  506.109 &
				  196.906-196.919
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 420 - CHEMICAL PROCESS MINING CONSOLIDATED APPLICATION AND PERMIT REVIEW STANDARDS › Section 635-420-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR Chapter 635, Division 420 is to implement
				the provisions of Oregon Laws 1991, Chapter 735. These rules prescribe the
				standards for Department review of proposed chemical process mining operations
				for the purpose of developing conditions for protection of wildlife and their
				habitat, to further the Wildlife Policy (ORS
				496.012) and Food Fish
				Management Policy (ORS
				506.109) of the State of
				Oregon.
Stat. 496.012 & 506.109
Stats. Implemented: ORS 496 .012 &
				  506.109
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 420 - CHEMICAL PROCESS MINING CONSOLIDATED APPLICATION AND PERMIT REVIEW STANDARDS › Section 635-420-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of OAR
				635-420-0000 through
				635-420-0120 only:
(1) "Associated Wastewaters" means
			 wastewaters, including but not limited to tailings in liquid or slurry form,
			 which are created as a result of a chemical process mining operation.
(2) "Available Technology" means
			 technology that is obtainable and:
(a) Has
			 been demonstrated to meet environmental standards at an existing mine or a
			 demonstration project of similar size and scale; or
(b) Is reasonably expected to meet or exceed
			 environmental standards at the proposed mine.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 420 - CHEMICAL PROCESS MINING CONSOLIDATED APPLICATION AND PERMIT REVIEW STANDARDS › Section 635-420-0030 - Standards for Wildlife Protection

Current through Register Vol. 63, No. 7, July 1, 2024
Chemical process mining operations shall use the best
				available, practicable and necessary wildlife protection technologies to
				maintain an objective of zero wildlife mortality. Wildlife protection measures
				shall meet or exceed the following standards which are necessary to protect
				wildlife:
(1) Chemical processing
			 solutions shall be applied to heap leach pads by drip-irrigation systems or
			 other methods which preclude ponding or other conditions which could result in
			 the ingestion of or exposure to chemical processing solutions by wildlife.
(2) Chemical processing solutions
			 shall be contained, or shall be covered in accordance with OAR
			 635-420-0040 and fenced in
			 accordance with 635-420-0050 to preclude access
			 by wildlife.
(3) Associated
			 wastewaters shall be maintained in a condition that is not harmful to wildlife
			 or shall be covered in accordance with OAR
			 635-420-0040 and fenced in
			 accordance with 635-420-0050 to preclude access
			 by wildlife.
(4) Electrical power
			 lines and other transmission facilities shall be designed an constructed to
			 prevent electrocution hazard to wild birds by incorporating features such as
			 armless poles, vertical separation of wires, pole extensions perches or line
			 insulators. Designs shall be consistent with the specifications contained in
"Suggested Practices for Raptor Protection on Powerlines" (Raptor
			 Research Report No. 4, Raptor Research Foundation, Inc., 1981)
or with
			 equivalent specifications approved by the Department.
(5) Access to a chemical process mine by mine
			 employees and the public shall be controlled to minimize harassment of wildlife
			 and collisions between vehicles and wildlife. On publically owned lands, these
			 controls shall be developed in conjunction with, and shall be subject to the
			 approval of, the applicable public land management agency.
Publications: Publications referenced are available from the
				  agency.
Stat. ORS
				  496.012 &
				  506.109
Stats. Implemented: ORS 496 .012 &
				  506.109
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 420 - CHEMICAL PROCESS MINING CONSOLIDATED APPLICATION AND PERMIT REVIEW STANDARDS › Section 635-420-0040 - Minimum Standards for Covering or Containment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All conveyances for chemical processing
			 solutions shall be covered or contained to preclude access by wildlife.
			 Conveyances for associated wastewaters shall be covered or contained to
			 preclude access by wildlife, or shall be maintained in a condition that is not
			 harmful to wildlife.
(2) All
			 uncontained chemical processing solution ponds or impoundments shall be covered
			 to preclude access by wildlife.
(3) Covers and containers shall preclude
			 access to chemical processing solutions and associated wastewaters by wildlife.
			 At a minimum, cover designs shall be based on the following factors:
(a) Wind and snow loads at a mean recurrence
			 interval of 100 years;
(b) Size,
			 shape and location of the area to be covered;
(c) Species and behavior of wildlife at the
			 mine site;
(d) Direction of
			 prevailing winds.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 420 - CHEMICAL PROCESS MINING CONSOLIDATED APPLICATION AND PERMIT REVIEW STANDARDS › Section 635-420-0050 - Minimum Standards for Fencing

Current through Register Vol. 63, No. 7, July 1, 2024
Fencing which meets the following minimum specifications shall
				be placed around all chemical processing solutions and associated wastewaters
				which are not contained:
(1) Fences
			 shall be a minimum of eight feet in height. Higher fences may be required by
			 the Department if necessary due to the characteristics of the mine site,
			 including but not limited to slope or topography or the wildlife species
			 identified in the baseline data.
(2) A ground cloth of a minimum of 0.5 inch
			 mesh shall cover the lower 30 inches of the fencing and shall extend below and
			 horizontal to the ground surface for a distance sufficient to exclude burrowing
			 mammals. The ground cloth shall be galvanized hardware cloth or other material
			 of equivalent or better strength, durability and resistance to penetration by
			 wildlife. The Department shall determine appropriate mesh sizes, depths and
			 horizontal distances based on the soil horizons and wildlife species identified
			 in the baseline data.
(3) If
			 fencing materials other than chain link or cyclone fencing are used, the
			 following additional minimum specifications shall be followed:
(a) Wooden posts not less than 11 feet 6
			 inches long or #133 studded "T" steel posts not less than ten feet long shall
			 be used as line posts. When steel posts are used, every seventh post shall be
			 wooden;
(b) Wood posts shall have
			 a top diameter of not less than five inches and shall be free from defect,
			 decay or damage. They shall be treated for at least three feet at the base with
			 a wood preservative to prevent decay or insect damage;
(c) Wood posts shall be sunk at least two
			 feet six inches into the ground and set no more than one rod apart. Posts shall
			 be securely braced at the corners, angles, and at intervals along the line;
(d) The fence shall be constructed
			 of 14.5 gauge woven wire with vertical stays every six inches and no less than
			 17 horizontal line wires. The bottom of the fence shall be at ground level. The
			 wire shall be tightly stretched and firmly stapled with 1.5-inch staples at the
			 rate of ten staples per post.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 420 - CHEMICAL PROCESS MINING CONSOLIDATED APPLICATION AND PERMIT REVIEW STANDARDS › Section 635-420-0060 - Wildlife Mitigation Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 applicant shall prepare a wildlife mitigation plan as part of the consolidated
			 application for a chemical process mine in OAR Chapter 637, Division 037. On
			 the date the consolidated application is submitted to DOGAMI, the applicant
			 shall provide one copy of the wildlife mitigation plan and all information
			 incorporated into the plan by reference to each Department representative on
			 the Project Coordinating Committee and the Technical Review Team.
(2) Mitigation measures shall employ reliable
			 methods as defined in OAR
			 635-415-0015, and shall be based
			 upon the best available, practicable and necessary technology to meet the
			 standard of no overall net loss of habitat value. The standard of "no overall
			 net loss" shall be met through compliance with OAR Chapter 635, Division 415.
(3) The Department, or a third
			 party contractor hired by the Department, shall review the wildlife mitigation
			 plan and shall notify DOGAMI and the applicant in writing of any amendments
			 which are necessary for compliance with the requirements of this rule or OAR
			 Chapter 635, Division 415.
(4) The
			 wildlife mitigation plan shall include the information required in OAR
			 635-415-0020(5).
			 Affected wildlife habitats shall be evaluated using methodologies approved by
			 the Department which are well-documented, measurable and verifiable. Examples
			 of such methodologies include, but are not limited to, the U.S. Fish and
			 Wildlife Service Habitat Evaluation Procedure and, if applicable, the U.S. Fish
			 and Wildlife Service In-Stream Flow Incremental Methodology. Examples of
			 habitats that shall be addressed in the mitigation plan include, but are not
			 limited to:
(a) Surface waterways, streams,
			 springs, seeps, wetlands and other aquatic habitats;
(b) Riparian areas;
(c) Big game habitat;
(d) Bird habitat;
(e) Habitat for state or federally listed
			 threatened or endangered species, and state sensitive species;
(f) Reproduction and nursery areas;
(g) Fish spawning areas;
(h) Geomorphic and edaphic
			 habitats including cliffs, caves, sand dunes, play as and local distinctive
			 soils that, along with their vegetation, contrast markedly with the surrounding
			 area;
(i) Wildlife migration and
			 movement corridors.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 420 - CHEMICAL PROCESS MINING CONSOLIDATED APPLICATION AND PERMIT REVIEW STANDARDS › Section 635-420-0070 - Wildlife Injury and Mortality Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The permittee is responsible for
			 monitoring and maintaining the protection measures described in the wildlife
			 protection plan on an ongoing and constant basis throughout the lifetime of the
			 chemical process mine, including periods of temporary and seasonal closure.
(2) The permittee shall maintain a
			 record of all wildlife injury and mortality that occurs in association with the
			 chemical process mine. This record shall include a photographic record of
			 injury and mortality using a standard protocol approved by the Department.
(3) The permittee shall submit a
			 report of wildlife injury and mortality to the designated Department
			 representative on the Project Coordinating Committee and the Technical Review
			 Team on a quarterly basis starting from the date of issuance of the permit. The
			 report shall be submitted on forms provided by the Department. If no injury or
			 mortality occurs, the report must so state. The Department may require more
			 frequent reporting pending correction of any condition or practice existing at
			 a chemical process mine which is or can reasonably be expected to be harmful to
			 wildlife, or any violation of any requirement of OAR
			 635-420-0000 through
			 635-420-0110, or any permit
			 condition designed to protect wildlife.
(4) The permittee shall report the following
			 wildlife injuries or mortalities by telephone to the designated Department
			 representative on the Technical Review Team by the beginning of the next
			 working day following their occurrence or observation:
(a) Injuries or mortalities which may be
			 associated with exposure to chemical processing solutions or associated
			 wastewater;
(b) Injuries or
			 mortalities which may be associated with wildlife protective measures;
(c) Injuries or mortalities of
			 state or federally listed threatened or endangered species or state sensitive
			 species.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 420 - CHEMICAL PROCESS MINING CONSOLIDATED APPLICATION AND PERMIT REVIEW STANDARDS › Section 635-420-0080 - Inspection of Mining Operations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Every permittee or the permittee's agent shall always keep open to inspection
			 by the Department or its agent the permit area as well as any books, records,
			 papers or memoranda which are pertinent to the administration of this division,
			 1991 Oregon Laws, Chapter 735, or OAR Chapter 632, Division 037.
(2) The Department may access and copy any
			 record and inspect any monitoring equipment or method of operation required for
			 compliance with permit conditions for the protection of wildlife.
(3) The permittee shall notify the Department
			 30 days prior to completion of construction of a chemical process mine. The
			 Department shall inspect the construction site within ten days of completion of
			 construction. The use of chemical processing solutions to dissolve metals from
			 ore shall not commence until the Department notifies the permittee that the
			 inspection is complete. Subsequent inspections shall be conducted at a
			 frequency sufficient to ensure that the requirements of this division and any
			 permit conditions designed to protect wildlife are being met. At a minimum,
			 Department inspections shall be conducted on a semi-annual basis, beginning at
			 the time of permit issuance.
(4)
			 When the Department determines on the basis of an inspection that any condition
			 or practice existing at a chemical process mine is or can reasonably be
			 expected to be harmful to wildlife, or that any permittee is in violation of
			 any requirement of this division or any permit condition designed to protect
			 wildlife, the Department shall document this finding in the inspection report
			 and immediately notify the permittee and DOGAMI.
(5) Copies of the inspection report shall be
			 mailed in a timely fashion to:
(a) The
			 permittee, or the permittee's designated agent or management personnel at the
			 chemical process mine; and
(b)
			 DOGAMI.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 420 - CHEMICAL PROCESS MINING CONSOLIDATED APPLICATION AND PERMIT REVIEW STANDARDS › Section 635-420-0090 - Content of Inspection Report

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Department inspection reports shall be made on a form approved by the
			 Department and shall indicate:
(a) The date
			 and time of inspection;
(b) The
			 name of the Department employee who conducted the inspection and include his or
			 her signature;
(c) Access to and
			 adequacy of the permittee's wildlife injury and mortality reports and facility
			 monitoring and inspection reports;
(d) Whether or not the general wildlife
			 protection standards have been adequately implemented;
(e) Whether or not the special wildlife
			 protection conditions specific to the chemical process mine permit have been
			 adequately implemented;
(f) Any
			 violations noted by the Department;
(g) Modifications necessary to correct any
			 identified violations.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 420 - CHEMICAL PROCESS MINING CONSOLIDATED APPLICATION AND PERMIT REVIEW STANDARDS › Section 635-420-0100 - Liability and Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 permittee shall be held liable for any wildlife injury or mortality. The
			 issuance of a chemical process mining permit does not relieve the permittee
			 from liability for wildlife injury or mortality resulting from acts conducted
			 pursuant to the conditions of the permit.
(2) Compensation for wildlife injury or
			 mortality shall be determined and pursued as provided for in:
(a) ORS
			 517.750 through
			 517.955,
			 517.960 through
			 517.976, OAR
			 632-037-0125; and
(b) ORS
			 468.745,
			 496.705,
			 496.992, OAR
			 635-001-0025, or
			 635-410-0030 or other applicable
			 statutes and rules.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 420 - CHEMICAL PROCESS MINING CONSOLIDATED APPLICATION AND PERMIT REVIEW STANDARDS › Section 635-420-0110 - Certification of Self-Sustaining Ecosystem

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At least 90 days prior to a request to
			 DOGAMI for release of financial security pursuant to OAR
			 632-037-0110, the permittee
			 shall submit a report to the Department evaluating the success of habitat
			 restoration against the quantitative measures of ecosystem utility and
			 stability established in the wildlife mitigation plan required pursuant to
			 635-420-0060.
(2) The evaluation of the success of habitat
			 restoration shall be based on field surveys and monitoring efforts which
			 utilize the approved methodologies used to collect baseline data. The report
			 submitted by the permittee shall describe all field surveys and monitoring
			 efforts which have been conducted. This description shall include, but is not
			 limited to:
(a) A site plan showing the
			 location of field surveys and monitoring efforts;
(b) A description of the methodologies used
			 to conduct field surveys and monitoring efforts;
(c) A record of the dates and frequency of
			 field surveys and monitoring efforts.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 420 - CHEMICAL PROCESS MINING CONSOLIDATED APPLICATION AND PERMIT REVIEW STANDARDS › Section 635-420-0120 - Compliance with Statewide Planning Goals and Compatibility with Acknowledged Comprehensive Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This division
			 represents a "new agency land use program" as defined in OAR
			 635-405-0005, and is subject to
			 the requirements of the Department's State Agency Coordination Program and
			 635-405-0035.
(2) The Department shall rely on decisions
			 made by the Department of Geology and Mineral Industries pursuant to their
			 State Agency Coordination Program and OAR Chapter 632, divisions 001 and 037 to
			 assure that chemical process mining operations reviewed under this division
			 comply with the Statewide Planning Goals and are compatible with acknowledged
			 comprehensive plans and land use regulations.
(3) The meaning of the land use terms in this
			 rule shall be the same as defined in OAR
			 635-405-0005.
Stat. 496.012 & 506.109
Stats. Implemented: ORS 496 .012 &
				  506.109
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 425 - IN-WATER BLASTING PERMITS › Section 635-425-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to further the State of Oregon's
				Wildlife Policy contained in ORS
				496.012 and
				496.138 and the Food Fish
				Management Policy contained in 506.109 by applying consistent standards for
				reviewing and issuing in-water blasting permits as required by 509.140. These
				rules establish procedures that the Department will use to review and make
				decisions on applications for in-water blasting activities, including any
				permit conditions necessary to prevent injury to fish, wildlife, and their
				habitat.
Stat. Auth.: ORS
				  496.012, ORS
				  496.138, ORS
				  496.146, ORS
				  506.109, ORS
				  506.119 & ORS
				  509.140
Stats. Implemented: ORS
				  496.012, ORS
				  496.138, ORS
				  496.146, ORS
				  506.109, ORS
				  506.119 & ORS
				  509.140
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 425 - IN-WATER BLASTING PERMITS › Section 635-425-0005 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 635-425-0000 through
				635-425-0050 apply whenever the
				use of explosives is desired in the course of removing any obstruction in any
				waters of this state, in constructing any foundations for dams, bridges or
				other structures, or in carrying on any trade or business.
Stat. Auth.: ORS
				  496.012, ORS
				  496.138, ORS
				  496.146, ORS
				  506.109,ORS
				  506.119 & ORS
				  509.140
Stats. Implemented: ORS
				  496.012, ORS
				  496.138, ORS
				  496.146, ORS
				  506.109, ORS
				  506.119 & ORS
				  509.140
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 425 - IN-WATER BLASTING PERMITS › Section 635-425-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of OAR
				635-425-0000 through
				635-425-0050 only:
(1) "Applicant" means any person,
			 partnership, corporation, association, public interest organization, political
			 subdivision, governmental board, agency or commission who files an application
			 pursuant to ORS 590.140 for a permit to use explosives.
(2) "Department" means the Oregon Department
			 of Fish and Wildlife.
(3)
			 "District" means the smallest geographic administrative unit of the Department
			 of Fish and Wildlife for the purposes of managing fish and wildlife
			 resources.
(4) "Endangered Species"
			 means:
(a) Any native fish or wildlife
			 species determined by the Fish and Wildlife Commission to be in danger of
			 extinction throughout any significant portion of its range within the state;
			 or
(b) Any native fish or wildlife
			 species listed as an endangered species pursuant to the federal Endangered
			 Species Act of 1973 ( PL 93-205,
			 16 USC §
										1531), as amended.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 425 - IN-WATER BLASTING PERMITS › Section 635-425-0015 - Fish and Wildlife In-Water Blasting Permit Policy

Current through Register Vol. 63, No. 7, July 1, 2024
It is the policy of the Oregon Fish and Wildlife Commission to
				discourage in-water blasting unless it is the only practicable method to
				accomplish the project goals. The Department may issue in-water blasting
				permits only if they contain conditions for preventing injury to fish and
				wildlife and their habitat.
Stat. Auth.: ORS
				  496.012, ORS
				  496.138, ORS
				  496.146, ORS
				  506.109, ORS
				  506.119 & ORS
				  509.140
Stats. Implemented: ORS
				  496.012, ORS
				  496.138, ORS
				  496.146, ORS
				  506.109, ORS
				  506.119 & ORS
				  509.140
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 425 - IN-WATER BLASTING PERMITS › Section 635-425-0020 - Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Timing
			 of Application: An application for an in-water blasting permit must be
			 submitted no less than 90 days before the anticipated in-water blasting for a
			 major project, and no less than 30 days before the anticipated in-water
			 blasting for a minor project. The Department may waive these deadlines in
			 emergency situations where the blasting is necessary to prevent irreparable
			 harm, injury or damage to persons or property.
(2) Submittal of Application: The applicant
			 must submit an application on a form prepared by the Department. The
			 application process is as follows:
(a) An
			 application for a minor project must be submitted to the Department's district
			 office for the area in which the blasting will occur;
(b) An application for a major project within
			 a single region must be submitted to the Department's regional office for the
			 region in which the blasting will occur;
(c) An application for a major project
			 affecting two or more Department regions must be submitted to the Oregon
			 Department of Fish and Wildlife.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 425 - IN-WATER BLASTING PERMITS › Section 635-425-0025 - Compliance with Statewide Planning Goals and Compatibility with Acknowledged Comprehensive Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to the
			 Department's State Agency Coordination Program, OAR 635 Division 405, the
			 applicant must provide information documenting the project's compliance with
			 the Statewide Planning Goals and compatibility with the applicable acknowledged
			 comprehensive plan(s) and land use regulations. Such documentation must include
			 one of the following:
(a) Information
			 affirming that the project has received specific land use approval from the
			 affected city or county;
(b)
			 Information demonstrating that the project does not require specific land use
			 approval by the jurisdiction; or
(c) Findings or information to assure
			 compliance with the statewide planning goals in accordance with OAR
			 635-405-0020(1)-(3).
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 425 - IN-WATER BLASTING PERMITS › Section 635-425-0030 - Application Review Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department will provide a copy of the In-Water Blasting Permit Rules and an
			 application form to all applicants for an in-water blasting permit.
(2) The Department will review an application
			 to determine if it is complete and notify the applicant in writing within 15
			 days after receipt of the application if additional information is required.
			 The notice will specify any additional required information and the deadline
			 for submitting the information.
(3)
			 The Department will begin its review when it receives a complete application.
			 Within 45 days of receiving a complete application for a major project, or 20
			 days for a minor project, the Department will either deny the application in
			 writing or issue a permit with appropriate conditions for preventing injury to
			 fish, wildlife, and their habitat. The Department may extend its review period
			 for up to 30 days to determine appropriate conditions to prevent injury to fish
			 and wildlife and their habitat.
(4)
			 In deciding whether to approve or deny the application, the Department will
			 consider:
(a) Whether blasting is the only
			 practicable method of accomplishing the proposed activity;
(b) Whether injury to fish, wildlife, and
			 their habitat can be prevented by adequately conditioning the permit;
			 and
(c) Whether proposed blasting
			 for fish passage improvement projects is consistent with the Commission's Wild
			 Fish Management Policy.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 425 - IN-WATER BLASTING PERMITS › Section 635-425-0040 - Notification Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Applicants must notify the district fishery or habitat biologist at least 48
			 hours before actual blasting, and the Department must have the opportunity to
			 have an observer present during and after the blasting. The Department may
			 conduct a pre-blasting site inspection.
(2) Applicants must notify the local law
			 enforcement agencies before blasting activities.
(3) Applicants must notify all adjacent
			 landowners of record on the most recent property tax assessment roll, renters
			 or lessees, and recreational users within the area affected by the proposed
			 blasting of the schedule for planned in-water blasting. This notice must be by:
(a) Registered letters to adjacent landowners
			 with return receipt;
(b)
			 Publication in the local newspaper;
(c) Postings in the vicinity of the project;
			 and
(d) Auditory warnings before
			 blasting.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 425 - IN-WATER BLASTING PERMITS › Section 635-425-0045 - Compensation for Injury to Fish and Wildlife

Current through Register Vol. 63, No. 7, July 1, 2024
The applicant must compensate the State of Oregon for any
				injury to fish, wildlife, or their habitat resulting from failure to comply
				with the conditions of the in-water blasting permit, or from failure to obtain
				an in-water blasting permit. Compensation for such injury or damage will be
				determined as provided for in ORS
				496.705 and
				496.992, and OAR
				635-001-0025 and
				635-410-0030. A permit does not
				relieve the permittee from liability for the injury to persons, property, or
				fish and wildlife or their habitat resulting from acts conducted pursuant to
				the conditions of the permit.
Stat. Auth.: ORS
				  496.012, ORS
				  496.138, ORS
				  496.146, ORS
				  506.109, ORS
				  506.119 & ORS
				  509.140
Stats. Implemented: ORS
				  496.012, ORS
				  496.138, ORS
				  496.146, ORS
				  506.109, ORS
				  506.119 & ORS
				  509.140
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 425 - IN-WATER BLASTING PERMITS › Section 635-425-0050 - Applicability of Existing Laws

Current through Register Vol. 63, No. 7, July 1, 2024
An in-water blasting permit is designed to prevent injury to
				fish and wildlife and their habitat. An in-water blasting permit does not
				authorize violation of any other applicable state, federal or local laws or
				regulations. An in-water blasting permit does not supersede any requirements to
				obtain other applicable permits or authorizations, including but not limited to
				those permits or authorizations designed to protect human health, safety,
				welfare, navigation, or fish and wildlife.
Stat. Auth.: ORS
				  496.012, ORS
				  496.138, ORS
				  496.146, ORS
				  506.109, ORS
				  506.119 & ORS
				  509.140
Stats. Implemented: ORS
				  496.012, ORS
				  496.138, ORS
				  496.146, ORS
				  506.109, ORS
				  506.119 & ORS
				  509.140
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 430 - TAX INCENTIVE PROGRAMS › Section 635-430-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR
				635-430-0000 through
				635-430-0100, is to implement
				ORS 308A.400 through
				308A.430, Oregon Laws 2003,
				which allows Oregon cities and counties to develop programs for the
				conservation and enhancement of wildlife habitat. These rules:
(1) Establish criteria and standards for
			 Department review and monitoring of wildlife habitat conservation and
			 management plans;
(2) Specify the
			 form and content of a wildlife habitat and conservation management plan and the
			 conservation and management practices that are appropriate to preserve, enhance
			 or improve the structure or function of wildlife habitat; and
(3) Establish a process for adding and
			 removing eligible land.
Stat. Auth.: ORS
				  496.012,
				  496.138,
				  496.146 &
				  496.162
Stats. Implemented: Ch. 308A, HB 3616,
				  2003
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 430 - TAX INCENTIVE PROGRAMS › Section 635-430-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of OAR
				635-430-0000 through
				635-430-0100 only:
(1) "Cooperating agency" means the Oregon
			 Department of Fish and Wildlife, the U.S. Fish and Wildlife Service, the
			 Natural Resources Conservation Service, the Oregon State University Extension
			 Service or other persons with wildlife conservation and management training
			 meeting the following qualifications:
(a) A
			 degree or certification from an accredited educational institution in a field
			 of study providing knowledge that may be applied to preserve, enhance or
			 improve habitat for native wildlife. Such fields of study include, but are not
			 limited to, wildlife biology, wildlife management, fisheries management,
			 biology, zoology, limnology, botany, ecology, wetland ecology, forest ecology,
			 ecosystem management, environmental engineering, soil science, other natural
			 science, or landscape architecture; or
(b) Certification from a professional society
			 (including but not limited to The Wildlife Society, American Fisheries Society,
			 or Ecological Society of America) or licensure by the state in a field listed
			 in subsection (1)(a) of this rule; or
(c) Evidence of professional experience in a
			 field listed in subsection (1)(a) of this rule.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 430 - TAX INCENTIVE PROGRAMS › Section 635-430-0020 - Wildlife Habitat Conservation and Management Plan Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
The objective of a wildlife habitat conservation and management
				plan is to preserve, enhance or improve the composition, structure or function
				of habitat for native wildlife species, with emphasis on native habitats
				that:
(1) Have been identified as
			 scarce, becoming scarce or of special ecological significance within the city
			 or county. Sources of information that may be used to identify these habitats
			 include, but are not limited to, the Biodiversity Gap Analysis Program of the
			 USGS Biological Resources Division and the Oregon Department of Fish and
			 Wildlife, the Metropolitan Greenspaces Master Plan or equivalent Metropolitan
			 Functional Plans, the Oregon Natural Heritage Program, the Oregon Biodiversity
			 Project, the Oregon Habitat Joint Venture, the Oregon Comprehensive Wildlife
			 Conservation Strategy, and the Oregon Plan for Salmon and Watersheds.
(2) Have been identified by state or federal
			 resource agencies, local governments, regional governments, watershed councils,
			 conservation organizations or other qualified entities as important habitats
			 for ecological restoration to prevent additional loss of native habitats or
			 species.
(3) Are important to
			 achieve the conservation or management objectives for native habitats or
			 species in public or private land management plans covering multiple land
			 ownerships.
(4) Provide habitat for
			 threatened or endangered species listed in or pursuant to
			 16 USC Section
			 1533, ORS
			 496.172(2), and
			 OAR 635-100-0125;
(5) Provide habitat for state sensitive
			 species listed pursuant to OAR
			 635-100-0040; or
(6) Are identified as significant wildlife
			 habitat in the Goal 5 elements of city or county comprehensive plans.
(7) Areas that have been adopted by the
			 Metropolitan Service District (Metro) as significant natural areas, open spaces
			 or fish and wildlife habitats or regional resources under Goal 5 pursuant to
			 OAR 660-023-0080.
Stat. Auth.: ORS
				  496.012,
				  496.138,
				  496.146 &
				  496.162
Stats. Implemented: Ch. 308A, HB 3616,
				  2003
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 430 - TAX INCENTIVE PROGRAMS › Section 635-430-0025 - State Fish and Wildlife Commission Designation of Eligible Land

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At the request
			 of the governing body of a county, the Director of the State Fish and Wildlife
			 Department may designate any or all of the following land in unincorporated
			 areas within the county as eligible for wildlife habitat special assessment:
(a) Any land that is zoned for exclusive farm
			 use, mixed farm and forest use or forest use under a land use planning goal
			 protecting agricultural land or forestland; or
(b) Land that is clearly identifiable as
			 containing significant wildlife habitat.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 430 - TAX INCENTIVE PROGRAMS › Section 635-430-0030 - Wildlife Conservation and Management Practices

Current through Register Vol. 63, No. 7, July 1, 2024
Conservation and management practices appropriate to achieve
				the objectives of OAR
				635-430-0020 may include, but
				are not limited to:
(1) Protecting
			 existing native vegetation;
(2)
			 Planting native trees, shrubs, grasses and other native vegetation;
(3) Removing invasive, non-native vegetation
			 that threatens native plant communities;
(4) Control of invasive, non-native fish or
			 wildlife that threaten native wildlife species;
(5) Burning as prescribed by the Department
			 to maintain fire-dependent native vegetation;
(6) Fencing to protect wildlife habitat or
			 plant communities;
(7) Increasing
			 habitat diversity by practices such as placing downed, woody material,
			 preserving or creating standing dead trees, creating ponds, or other methods
			 approved by the Department;
(8)
			 Placing boulders, logs and other appropriate materials in streams to enhance
			 fish habitat;
(9) Removing
			 buildings, pavements and other man-made features;
(10) Grading altered land areas to restore
			 original hydrology and natural topography;
(11) Restoring, enhancing or creating
			 wetlands;
(12) Establishing
			 vegetative buffers or structural setbacks adjacent to wildlife
			 habitats;
(13) Amending or allowing
			 farming and forestry management practices that preserve, enhance or improve the
			 structure or function of wildlife habitat;
(14) Locating new dwellings or structural
			 improvements to minimize conflict with existing or proposed habitat for native
			 wildlife species;
(15) Planting new
			 riparian vegetation or protecting existing riparian vegetation through fencing
			 or other means;
(16) Leasing or
			 selling in-stream water rights as an integral part of the wildlife habitat
			 conservation and management practices; or
(17) Other efforts that improve water
			 quality, protect and restore fish and wildlife habitats, recover threatened or
			 endangered species, enhance stream flows or maintain or restore long-term
			 ecological health, diversity and productivity on a broad geographic
			 scale.
Stat. Auth.: ORS
				  496.012,
				  496.138,
				  496.146 &
				  496.162
Stats. Implemented: ORS Ch. 308A, HB 3616,
				  2003