Oregon Department of State Lands. Protecting Natural and Fiscal Resources to Support Schools

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1 Oregon Department of State Lands Protecting Natural and Fiscal Resources to Support Schools

2 Heidi Hartman Jefferson, Hood River, Sherman, Wasco, Morrow, Gilliam, Union, Baker, Grant, Wallowa, Umatilla, Wheeler & Douglas Counties

3 Determining jurisdiction Authorization types & process Common Application Mistakes & Helpful Hints Mitigation Questions

4 1. LOCATION: must be in Waters of State 2. VOLUME: must be in excess of threshold 3. ACTIVITY: must be a regulated activity All 3 parameters must be present for DSL authorization requirement

5 Waters of the State: (OAR ) Ocean, estuaries, rivers, lakes, reservoirs, streams, wetlands Artificially created wetlands and ponds >=1 acre Created in part or in whole of Waters of the State Part of a mitigation site Exempt artificially created wetlands and ponds; created entirely from upland, regardless of size Stock watering or irrigation ponds Stormwater and wastewater management ponds Fire suppression and cooling ponds Log storage ponds Aesthetic ponds

6 Ditches created from uplands that have: Food and game fish, and Free & open connection to other waters of State A free and open connection means a connection by any means, including but not limited to culverts, to or between natural waterways and other navigable and non-navigable bodies of water that allows the interchange of surface flow at bankfull stage or ordinary high water or at/below mean higher high tide

7 Operated and maintained for the primary purpose of conveying water for irrigation AND Are dewatered during the non-irrigation season except for water incidentally retained in isolated low areas of the ditch or are used for stock water runs, provision of water for fire suppression or to collect stormwater runoff.

8 Jurisdictional limits of waters: Waters: Ordinary high water elevation Ocean: between extreme low tide to territorial sea limit Estuaries and tidal bays: HMT or to wetland boundary, whichever is higher Wetlands: delineated boundary

9 City or county planning dept. Local or National Wetlands Inventory maps Local SWCD or WC office Request a wetland jurisdiction determination from DSL Conduct a wetland delineation* (consultant) Restoration projects don t necessarily require a wetland delineation *DSL must approve a wetland delineation to be official. It is valid for five years.

10 50 cubic yards or more of removal, fill, or alteration for most waters Threshold is cumulative: Removal + fill For entirety of project EXCEPT IN: A State Scenic Waterway A designated Essential Salmonid Habitat waters esshabitat.aspx

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12 Doesn t apply to State Scenic Waterways Fills for Certain Dams and Diversion Structures Maintenance and reconstruction of water control structures Certain voluntary habitat restoration projects Fish passage/fish screening projects in ESH Change in point of diversion of surface water Maintenance and emergency reconstruction of roads and transportation structures Certain exemptions for farm activities Removal of large wood

13 Includes culverts, dikes, dams, levees, riprap, tidegates, drainage or irrigation ditches, and tile drain systems IF: Meets maintenance definition of periodic repair or upkeep of a structure in order to maintain its original use. Meets reconstruction definition of rebuilding or to replacing the existing structure in-kind. Structure being widened by no more than 20% of its original footprint at any specific location. Structure was serviceable within the last five years.

14 Exempt if: Necessitated by a change in the location of the surface water; and Authorized by the Oregon Water Resources Department.

15 Direct danger to livestock, real property, human life Risk to transportation facilities (culverts, bridges, roads) Obstructs or prevents navigation Remove no more than necessary to reduce/eliminate threat

16 Research & Fish Mgmt in ESH - <50 cyds Native Vegetative Plantings Habitat Management on State or National Wildlife Refuge Large Wood, Boulders, Spawning Gravels Placement in ESH Consistent with Guide to Placing Large Wood & Boulders (DSL/ODFW 2010) 30 day notification required to DSL

17 Other Habitat Restoration Activities in ESH Consistent with OR Aquatic Habitat Restoration & Enhancement Guide 30 day notification to DSL Ditch and Drain Tile Removal 30 day notification required to DSL Inorganic Trash Removal No trash stockpiling in waters of the state Disposed at a licensed DEQ collection facility

18 Certain Activities on EFU Zoned Land: Drainage/maintenance of farm/stock ponds Maintenance of existing roads Subsurface drainage on converted wetlands Farm Uses on Certified Prior Converted Cropland Agricultural related activities on ESH - <50 cyd Reestablishment of crops under CRP Farming and Ranching on Converted Wetlands

19 Agricultural Drainage Ditch Maintenance Push-Up Dams: Department authorized dams can be maintained annually as stipulated in the permit and fish passage statutes Dams < 50 cyd when used for agricultural purposes in ESH Dams built prior to September 1967 if they meet the following: Serviceable and used with the past 5 years Same size and location as when first constructed Are operated consistent with the water right

20 1. Emergency Authorization 2. General Authorization 3. General Permit 4. Individual Removal-Fill Permit

21 Applicable when: (OAR ) Direct threat to substantial property Prompt action required to reduce/eliminate threat The fix minimizes impact to resource Authorization can be verbal/written No fees when for erosion/flood protection May require mitigation and/or follow-up work with permit

22 Individual Removal/Fill Permit General Permit General Authorization If incomplete, new complete package must be submitted to initiate another review. The clock restarts. * Applicant may request an extension to resolve issues

23 Notification based process Limited suite of activities that are Substantially similar in nature Only cause minimal environmental impacts Don t result in long-term harm to water resources 30 day process Fee may apply Does not apply in State Scenic Waterways

24 Certain Minimal Disturbance in ESH Piling Placement and Removal in ESH Temporary Impacts to Non-Tidal Wetlands Waterway Bank Stabilization Certain Transportation-Related Activities Removal of Sediment behind Tidegates Waterway Habitat Restoration Wetland Ecosystem Restoration Recreational Placer mining within ESH

25 Bio-Engineering Bank Terracing Placement of Large Wood Engineered Log Jams Log Toe Placement Porous Weirs *All activities have specific parameters to be eligible

26 Installation/Replacement of Fish Screens* Side Channel and Alcove Habitat** Remove/Replace Existing Culverts for Fish Passage Fish and Wildlife Passage* Barrier Removal** Grade Control* Porous Weirs* *100 cyd limit **200 cyd limit

27 Limited to 5,000 cyds and 0.5 acre permanent wetland impact Existing Transportation Related Structures Widening, replacing, maintaining and removing roads, bridges, culverts, boat ramps. Scour protection Minor Removal-Fill Impacts to Certain Non- Tidal Wetlands Limited to 0.2 acres of impact Not valid in wetlands of conservation concern No impacts to waterways Mitigation is required.

28 Maintaining Drainage to Protect Agricultural Lands Removal of up to 100 cyds of material and placement of up to 100 cyds of material to maintain drainage to protect agricultural lands

29 Projects with potentially significant impact May require compensatory mitigation Army Corps of Engineers parallel process Up to 120-day process Standard and special conditions Fees apply (excludes restoration projects)

30 Activity cannot unreasonably interfere with paramount state policy to preserve use of waters for navigation, fishing, recreational use. Considerations: Public need Economic cost Impact to public health & safety Compatibility with local land use plans Flood/erosion potential Availability of alternatives Mitigation for anticipated adverse affects

31 Project must be the practicable alternative with least adverse effect on the aquatic resource and its navigation, fishing & recreational uses Applicant bears burden of providing this information

32 Lack of early coordination with stakeholders & agencies Purpose and need - unclear, too broad, or too specific If too narrow it precludes any other alternative but the selected one. If too broad, it creates too many alternatives. Alternatives analysis - lacks designs and sites with less impact Project description too brief; doesn t include the entire project: staging, access, all impacts (including temporary), and upland work Not aware of ODFW In-Water Work Window requirement

33 Removal-fill calculations - inconsistent or incorrectly calculated Rehabilitation missing, incomplete Drawings missing, unclear, deficient, inconsistent with the project description. Anyone should be able to clearly see what is proposed Biological Assessment relevant information is only in the BA and not put into the application. The BA is not part of the application Wetland Delineation Report should not be submitted as part of the permit application, only the concurrence letter if there is one

34 Use the latest forms and checklists to confirm you covered all the bases Present the information so that a member of the public can understand what is being proposed Present the information in the required blocks on the form Supporting documents, such as functional assessments or mitigation plans, should be included as attachments Wetland delineation reports should be submitted separately and well in advance of the permit application Use tables and bullets whenever possible to display complicated information

35 Mitigation Hierarchy: Avoid the impact Minimize the impact Restore (e.g., for existing or temporary impacts) Compensate (mitigate) All applications must demonstrate consideration in this order!

36 1. Compensatory Non-Wetland Mitigation: For impacts to water resources other than wetlands & estuarine 2. Compensatory Wetland Mitigation For replacement of lost wetland functions at impact site

37 On-or off-site enhancements (e.g, riparian plantings) On- or off-site improvements to navigation, fishing, recreation use of the water No firm guidelines- DSL seeks functional replacement

38 On-site CWM: Restoration, creation &/or enhancement In-kind (by Cowardin & HGM class) Functional replacement must be demonstrated Replacement ratios must be met CWM plan & functional assessment required in application

39 Questions?