Key Facts about the SPGP

Transcription

1 Key Facts about the SPGP Division of State Lands Ann Hanus-Director State Land Board Ted Kulongoski-Governor Bill Bradbury-Secretary of State Randall Edwards-State Treasurer

2 Department of State Lands The mission of the Department of State Lands is to ensure a legacy for Oregonians and their public schools through sound stewardship of lands, wetlands, waterways, unclaimed property, estates and the Common School Fund.

3 DSL Aimed High State & Federal Integration

4 Simplification is Complex Regulatory systems must be flexible, adaptable, mutable and agile A catalyst is needed to trigger the process Deep change is required

5 Catalyst! Legislature gave DSL streamlining direction in 1995, 1997 and SB 170 DSL required to keep Legislature involved SB 2082

6 Mandated streamlining objectives ORS passed 97 Reduce unnecessary paperwork Eliminate duplication Increase certainty and timeliness Enhance resource protection Investigate SPGP & 404 Assumption

7 Many Different Waters

8 Conceptual Relationships Between State and Federal Waterway Jurisdiction* ALL NATURAL AND MAN-MADE WATERWAYS OF OREGON OREGON REMOVAL/FILL LAW FEDERAL SECTION 404 WATERS Clean Water Act FEDERAL SECTION 10 WATERS Rivers and Harbors Act Isolated Waters k:/wetlands/eric/waterjur.ppt

9 Vehicles for Delivering One-Stop Shopping State Assumption Programmatic Permits

10 What is an SPGP and who would benefit? Federal General Permit No program transfer User friendly Small projects Many projects covered Programmatic ESA coverage In effect January 3, 2006

11 SPGP One-Stop Shopping Categories Covered Streambank stabilization Water control Utility lines Road construction Site preparation Restoration Minor fills Piling installation

12 Streamlined processing Eliminate the need for applicants to seek separate approvals from: DSL DEQ DLCD (for projects in the coastal zone) Portland District Corps USFWS NMFS

13 State & Federal Programs Implemented Removal-Fill & State Scenic Waterways Laws Oregon s Approved CZM Program State Water Quality Requirements Federal Clean Water Act ( Sections 404 & 401) Federal Rivers & Harbors Act (Section 10) National Environmental Policy Act Federal Endangered Species Act & Magnuson- Stevenson Conservation Act Fish & Wildlife Coordination Act National Historic Preservation Act

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15 DSL Joint Application prepared: Removal-Fill / Section 404 Corps Completeness review: 30 day. Initial review External Consults Public review: 30 days Local, state, federal agencies, adjacent owners, interested parties T&E effects determination Public notice (public is 30 days) yes FESA Section 7 Consultation (NOAA and/or USFWS) 135 days Fish & Wildlife Coordination Act review Project Changes? Final review: 60 days (extendable) Final review Consults done DEQ 401 certification Permit decision 120 days Permit decision Govt-2-Govt; ACHP/SHPO; DLCD (if CZ)

16 SPGP Process vs. Duplicate Process 1. Bank Stabilization 2. Road Construction, Repairs and Improvements 3. Site Preparation 4. Aquatic Habitat Enhancement 5. Water Control Structures 6. Utility Lines 7. Minor Fill and Removal 8. Piling Installation & Removal YES NO Corps and DSL Review <.5 acre wetland fill and/or <1,000 cubic yards DSL Track Corps Track Yes No Corps and DSL Review DSL Issues Federal and State Approval DSL Track Corps Track Approval Includes: Federal ESA Compliance DEQ 401 Water Quality Cert DLDC Coastal Consistency Separate Approvals may be Needed for: Federal ESA Compliance DEQ 401 Water Quality Cert DLDC Coastal Consistency

17 STREAMLINED PROCESS APPLICATION DSL STATE & FEDERAL LAW COMPLIANCE FEDERAL ESA REVIEW/COMPLIANCE WATER QUALITY REVIEW COASTAL ZONE & LAND USE REVIEW PERMIT

18 SPGP Project Example-Rock Creek, Columbia County Reshape slopes Length-up to 250 (401 condition) Use of large wood required ( trees & root wads) Planting along the stream May not be entirely riprap

19 How many species are covered? 63 species listed by either the USFWS or the NMFS in Oregon as either threatened (T), proposed threatened (PT), endangered (E) or candidate for listing (C) 19 plants 5 invertebrates 27 fish (17 of the fish are anadromous salmonid runs) 2 amphibians

20 States with SPGPs Oregon Maine Connecticut New Hampshire Massachusetts Vermont Rhode Island Maryland Delaware Pennsylvania New Jersey Virginia Florida Louisiana Minnesota Wisconsin

21 Enhanced resource protection Presently, DSL can commit to making compliance monitoring site visits to approximately 10% of the projects it approves each year. Agreement with Corps (2002), increase to 50-60% EPA Grant Awarded 2005 increase to 100%.

22 Benefit This will significantly enhance resource protection, as it will result in higher quality, more accurate data than DSL would normally expect to see in self-monitoring reporting forms completed by applicants.

23 General Authorizations Fish Habitat Enhancement 114 Roads 97 Erosion Control 48 Wetland Enhancement 24 Minimal Disturbance 19 Pilings 12 Tidal Channel Maintenance 1 Total 315

24 Individual Permits Wetland Fill 69 Roads & Bridges 30 Pipeline, cables & utilities 28 Erosion Control 10 Fish Habitat Enhancement 9 Boat Ramp 7 Total 153

25 Factors Governing ESA Coverage & SPGP Success Trust Relationships ORNHIC performance Flexibility Accountability

26 Program Results Reduces unnecessary paperwork Eliminates duplication Increases certainty and timeliness Ensures resource protection Makes good business sense