Or. Admin. Code § 635-420-0110
Current through Register Vol. 63, No. 10, October 1, 2024
Section 635-420-0110 - Certification of Self-Sustaining Ecosystem(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. (3) The Department, or a third party contractor hired by the Department, shall conduct a site investigation to verify the report submitted by the permittee and to determine if a self-sustaining ecosystem comparable to undamaged ecosystems in the area has been created. (4) The Department, or a third party contractor hired by the Department, shall notify the permittee and DOGAMI in writing of the results of the Department's site investigation and provide a recommendation on the permittee's request for release or reduction of financial security. The Department's recommendation shall: (a) Describe the reasons for the Department's determination that a self-sustaining ecosystem has or has not been created; or (b) If the Department is unable to determine whether a self-sustaining ecosystem has been created, describe the additional field studies or monitoring which are necessary to make this determination. (5) The Department's recommendation shall be sent to DOGAMI and the permittee prior to the public hearing held by DOGAMI under OAR 632-037-0110 to determine whether to allow the release or reduction of financial security. Copies of the Department's recommendation will be available to the public upon request. Or. Admin. Code § 635-420-0110
FWC 140-1991, f. & cert. ef. 12-26-91Stat. 496.012 & 506.109
Stats. Implemented: ORS 496 .012 & 506.109