Phase I Measures, Removal-Fill Program
DSL1 - Develop Standardized Permit Conditions Reflecting Best Management Practices For Removal-Fill Activities.
The Division of State Lands will work with ODFW, DEQ, the Corps, NMFS and other agencies to update its standard permit conditions to reflect Best Management Practices (BMPs) for various types of removal-fill activities (e.g., commercial gravel removal, erosion control).
Background
DSL issues over 1000 removal-fill permits annually, each with site-specific designs and both standard and unique permit and operating conditions, as required by ORS 196.825(5) to provide mitigation for the reasonably expected adverse impacts from project development. The existing standard permit and operating conditions were developed in cooperation with resource agencies and interest groups before the listing of the Umpqua cutthroat trout, CSRI and DEQ's 303(d) list.
Objective
To develop BMPs for removal-fill activities that help achieve the CSRI habitat objectives for physical habitat, water quality and water quantity.
Implementation
As a first step, DSL staff will review existing permit conditions and update them based on new information, science and the need to protect salmonid habitat. Those conditions, which were developed in cooperation with ODFW, DEQ and other affected agencies, will be used in new and renewed permits while BMPs are being developed. DSL will also follow its standard practice of working with other resource agencies to develop additional conditions for particular permits when an agency requests and provides scientific justification for those conditions.
DSL will convene a series of working groups including representatives of ODFW, DEQ, the Corps, NMFS and other interested parties that will review the standard permit conditions and convert them into BMPs. Those BMPs will be reviewed periodically and updated as necessary to reflect new information about salmon habitat needs.
Results
BMPs should provide heightened protection for salmonid habitat, greater certainty for permit applicants, and simplified permit processing for DSL staff. Proposed removal-fill project designs that do not incorporate the BMPs will be subject to much higher scrutiny. It is anticipated that there will be some types of removal-fill activities and/or project locations for which no BMPs could be devised that would adequately address resource concerns; these will be identified as circumstances justifying permit denial.
Responsibility
DSL's Policy and Planning Section has the lead, with the cooperation of the Field Operations Section, as needed.
Funding
No new funding is required.
Schedule
This effort began in December 1996 with the Coastal Inwater Working Group, which is developing guidelines for commercial gravel removal, focusing initially on the Umpqua Basin. When that effort is complete (anticipated by June 1997), additional groups will be convened on other types of removal-fill activities.
Completion of all BMPs by June 1998, with regular review and updating thereafter.
DSL2 - Limit Commercial Gravel Removal From Individual Bars To Annual Recruitment.
The Division will, through permit conditions, limit commercial gravel removal from individual bars to annual recruitment.
Background
As required by ORS 196.825(5), the Division imposes operating conditions on all removal-fill permits. The conditions for commercial gravel bar mining traditionally have limited the amount removed from each bar through restrictions on the depth of removal. In 1995, the Division also began limiting gravel removal to annual recruitment, as demonstrated in Spring and Fall surveys and cross-sections. At the end of 1996, 45 of 48 active commercial gravel bar removal permits in coastal basins do not allow any removal unless the surveys demonstrate that gravel recruitment has occurred, and limit that removal to the amount of recruitment.
Objective
To ensure that gravel recruitment and accumulation rates are sufficient to support sustainable removal and avoid extended impacts on channel morphology and substrate conditions.
Implementation
Commercial gravel bar removal permits renewed in 1997 will include permit conditions requiring surveys and limiting removal to recruitment. It is anticipated that those conditions will be incorporated into and replaced by BMPs when DSL1 is complete.
Results
DSL anticipates fewer impacts from gravel bar mining on channel morphology and substrate conditions.
Responsibility
DSL's Field Operations Section has the lead.
Funding
No new funding is required.
Schedule
Complete by February 1998, as permits are renewed.
DSL3 - Define "Acceptable Adverse Impacts" In Essential Salmonid Rules.
The Division of State Lands will define "acceptable adverse impacts" as it is used in the administrative rules governing issuance of removal-fill permits in areas identified by ODFW as essential indigenous anadromous salmonid habitat.
Background
The 1993 Oregon legislature amended the Removal-Fill Law to require a permit for all removal-fill activities in essential indigenous anadromous salmonid habitat (ORS 196.810(b)). DSL's administrative rules implementing that provision presume that uncontrolled filling or removal in essential habitat is detrimental to salmonids, and specify that permits will only be approved if the applicant shows that the proposed activity will have only acceptable adverse impacts on salmonids or their habitat, or will benefit the resident salmonids (OAR 141-102-050). DSL staff work with permit applicants to develop acceptable project designs and permit conditions that avoid or mitigate adverse impacts. However, the term "acceptable adverse impacts" was not defined in the administrative rule. It needs definition to provide a permitting standard and measure progress in protecting essential habitat.
Objective
To ensure that all removal-fill activities in essential indigenous anadromous salmonid habitat help achieve the CSRI objectives for physical habitat, water quality and water quantity.
Implementation
In consultation with other affected agencies and interested parties, DSL staff will develop a definition of "acceptable adverse impacts" for incorporation in the administrative rules governing removal-fill activities in essential habitat.
Results
Increased protection of essential habitat areas.
Responsibility
DSL's Policy and Planning Section has the lead, in cooperation with the Field Operations Section.
Funding: No new funding is required.
Schedule: Rule adoption by December 1997.
DSL4: Strengthen Interagency Coordination In Removal-Fill Permitting.
The Division of State Lands will work with ODFW, DEQ and OSP to develop new or revised Memoranda of Agreement (MOA) regarding each agency's role in reviewing removal-fill permit applications and providing monitoring and compliance checks for ongoing removal-fill projects, including emergency authorizations and exempt activities not currently requiring a state permit.
Background
DSL coordinates all removal-fill permitting, from issuance through compliance monitoring, with ODFW, DEQ and other potentially affected state agencies, as required in ORS 196.825(5). This coordination is intended to ensure that permit design and operating conditions are adequate to protect water resources of the state. It also provides other agencies an opportunity to request additional conditions if necessary and provide scientific justification for doing so. The existing MOAs are several years old, and need updating to reflect developments such as endangered species listings and DEQ's 303(d) list of water quality limited streams.
Objective
Greater assurance that removal-fill activities will meet ODFW habitat requirements and DEQ water quality standards, and will help achieve CSRI habitat objectives for physical habitat and water quality.
Implementation
Agency staff will review existing MOAs, identify any deficiencies, and prepare revisions. Where an MOA currently does not exist, it will be developed. In addition, DSL will begin circulating permit applications to NMFS for review and comment, under our standard agency coordination procedure, where the project could affect sensitive, threatened or endangered anadromous fish.
Results
Improved interagency coordination and cooperation on removal-fill permit issuance, monitoring and enforcement. Greater assurance that removal-fill activities will not contribute to habitat or water quality degradation.
Responsibility
DSL's Field Operations Section has the lead. The Policy and Planning Section will provide assistance as needed.
Funding
No new funding is required.
Schedule
Circulation of permit applications to NMFS will begin in February 1997.
Completion of revised MOAs in Spring 1998.
DSL5 - Revise The General Authorization For Road Construction To Enhance Habitat Protection.
In 1996, the Division of State Lands revised its General Authorization (GA) for road construction to reduce the potential impacts on salmonids and their habitat from authorized construction activities.
Background
The Removal-Fill Law allows DSL to issue GAs instead of individual permits for activities that are substantially similar in nature and would cause only minimal individual and cumulative environmental impacts and would not result in long-term harm to water resources of the state (ORS 196.850). Each GA must be reviewed and modified every 5 years. DSL first adopted a GA for certain types of road construction activities in 1992 and reviewed and revised it in 1996.
Objective
To ensure that road construction activities allowed under the GA will help achieve the CSRI objectives for physical habitat and water quality.
Implementation
The revised GA, OAR 141-89-015, was developed in consultation with ODFW, DEQ, other affected agencies and interested parties. Notice and hearing were provided as required by the Administrative Procedures Act. It was adopted by the State Land Board in June 1996 and was effective July 1, 1996.
Results
The revised GA provides preferences for bridges over culverts, bioengineered methods of streambank stabilization over structural methods, and for the reuse in habitat restoration projects of any woody material removed during construction. It strengthens provisions related to waste disposal and to revegetation of disturbed areas with native species, including replanting with trees on streams listed by DEQ as water quality limited for temperature. It requires all culverts to meet ODFW fish passage criteria. It also includes road removal as an authorized activity.
Funding
No new funding was required.
Schedule
Final rule was effective July 1, 1996.
DSL6 - Revise The GA For Erosion Control To Enhance Habitat Protection.
In 1996, the Division of State Lands revised its GA for erosion control to reduce the adverse impacts on salmonids and their habitat from authorized erosion control activities.
Background
The Removal-Fill Law allows DSL to issue GAs instead of individual permits for activities that are substantially similar in nature and would cause only minimal individual and cumulative environmental impacts and would not result in long-term harm to water resources of the state (ORS 196.850). Each GA must be reviewed and modified every 5 years. DSL first adopted a GA for certain types of erosion control activities in 1992 and reviewed and revised it in 1996.
Objective
To ensure that erosion control activities allowed under the GA will help achieve the CSRI objectives for physical habitat and water quality.
Implementation
The revised GA, OAR 141-89-010, was developed in consultation with ODFW, DEQ, other affected agencies and interested parties. Notice and hearing were provided as required by the Administrative Procedures Act. It was adopted by the State Land Board in June 1996 and was effective July 1, 1996.
Results
The revised GA provides preferences for bioengineered methods of streambank stabilization over structural methods, and for the reuse in habitat restoration projects of any large woody material removed during construction. It strengthens provisions related to waste disposal and to revegetation of disturbed areas with native species, including replanting with trees on streams listed by DEQ as water quality limited for temperature. It also allows multiple related projects within a watershed to be planned and conducted under one GA, facilitating an integrated approach to erosion control. Projects using gabions, jetties and other major structures are no longer allowed under the GA and will be subject to the higher scrutiny of an individual removal-fill permit. The GA also no longer applies in estuarine areas.
Funding
No new funding was required.
Schedule
Final rule was effective July 1, 1996.
DSL7: Revise the GA for Fish Habitat Enhancement To Improve Habitat Values
In 1996, the Division of State Lands revised its GA for fish habitat enhancement to expand its applicability, improve habitat values and streamline the process for enhancement projects.
Background
The Removal-Fill Law allows DSL to issue GAs instead of individual permits for activities that are substantially similar in nature and would cause only minimal individual and cumulative environmental impacts and would not result in long-term harm to water resources of the state (ORS 196.850). Each GA must be reviewed and modified every 5 years. DSL first adopted a GA for certain types of fish habitat enhancement activities in 1987 and reviewed and modified it in 1992 and 1996.
Objective
To ensure that fish habitat enhancement projects allowed under the GA will help achieve the CSRI objectives for physical habitat and water quality, and to streamline the process for authorizing such projects.
Implementation
The revised GA, OAR 141-89-005, was developed in consultation with ODFW, DEQ, other affected agencies and interested parties. Notice and hearing were provided as required by the Administrative Procedures Act. It was adopted by the State Land Board in June 1996 and was effective July 1, 1996.
Results
The revised GA provides streamlined permitting for: boulder weirs up to 150 cubic yards, pools and hydrologically-connected off-channel ponds up to 350 cubic yards, back and side channel construction up to 350 cubic yards, and culvert replacement to facilitate fish passage. All culverts must meet ODFW fish passage criteria. The GA includes a preference for bioengineered methods of streambank stabilization over structural methods, and for instream placement of large woody material removed during construction. Provisions on revegetation of disturbed areas with native plant species were strengthened. Gabions are no longer allowed in GA authorized projects.
Funding
No new funding was required.
Schedule
Final rule was effective July 1, 1996.
DSL8 - Facilitate More Wetland Restoration And Enhancement Projects.
In 1996, the Division of State Lands revised its GA for wetland restoration and enhancement to streamline the process.
Background
The Removal-Fill Law allows DSL to issue GAs instead of individual permits for activities that are substantially similar in nature and would cause only minimal individual and cumulative environmental impacts and would not result in long-term harm to water resources of the state (ORS 196.850). Each GA must be reviewed and modified every 5 years. DSL first adopted a GA for certain types of wetland restoration and enhancement projects in 1992 and reviewed and modified it in 1996.
This GA applies to voluntary wetland restoration/enhancement projects. Projects conducted as mitigation for other removal-fill activities are covered in the mitigation plan for the applicable removal-fill permit.
Objective
To streamline the process for authorizing wetland restoration and enhancement projects, including those that increase or enhance salmonid habitat.
Implementation
The revised GA, OAR 141-89-020, was developed in consultation with ODFW, DEQ, other affected agencies and interested parties. Notice and hearing were provided as required by the Administrative Procedures Act. It was adopted by the State Land Board in June 1996 and was effective July 1, 1996.
Results
The revised GA provides streamlined permitting for qualifying wetland enhancement and restoration projects. It includes preferences for bioengineered methods of streambank stabilization over structural methods and for instream placement of large woody material removed during construction. The provisions on waste disposal and revegetation with native species were strengthened.
Funding
No new funding was required.
Schedule
Final rule was effective July 1, 1996.
DSL9 - Develop Guidelines For Issuing Individual Permits Rather Than GAs.
The Division of State Lands will develop guidelines for determining when removal-fill activities that otherwise qualify for a GA may have potential individual or cumulative impacts that deserve the full scrutiny of an individual permit.
Background
DSL's GAs for road construction, erosion control, fish habitat enhancement, wetland restoration and enhancement, and recreational placer mining include clauses allowing the Division to not issue a GA and instead require an individual permit for projects that would have more than minimal individual or cumulative impacts (e.g., OAR 141-89-015(6)). The circumstances under which this clause might be invoked need to be defined in guidance for staff.
Objective
To ensure that projects authorized under GAs meet the statutory requirement for causing only minimal individual and cumulative impacts, and that the removal-fill projects conducted under GAs help achieve the CSRI habitat objectives.
Implementation
In consultation with ODFW, DEQ and other interested agencies, the Division will develop screening criteria and guidelines for staff to use to determine when a project that otherwise qualifies for a GA merits the higher level of scrutiny of an individual permit due to the potential impacts on physical habitat or water quality.
Results
More rigorous review for removal-fill projects that may have adverse impacts on salmon habitat or water quality.
Responsibility
DSL's Field Operations Section has the lead.
Funding
No new funding is required.
Schedule
Draft guidelines prepared by May 1997.
Review during June-July 1997.
Final guidelines available in September 1997.
DSL10 - Develop Permanent Regulations On Recreational And Small-Scale Placer Mining In Essential Habitat.
In 1996-97, the Division of State Lands developed permanent administrative rules regarding recreational and small-scale placer mining affecting less than 25 cubic yards annually in areas designated as essential indigenous anadromous salmonid habitat under the Removal-Fill Law.
Background
The 1993 Legislature amended Oregon's Removal-Fill Law to require a permit for all removal-fill activities in areas designated as essential indigenous anadromous salmonid habitat, compared with the 50 cubic yards exemption in other waters of the state (ORS 196.810(b)). With that amendment, small-scale placer mining came under the jurisdiction of the Removal-Fill Law for the first time. The Division's administrative rules governing removal-fill activities in essential habitat were effective in January 1996. However, the Division had insufficient information about the extent or location of recreational and small-scale placer mining operations to establish an effective regulatory scheme. For the 1996 operating season, DSL developed and implemented a temporary (180-day) GA for placer mining affecting less than 25 cubic yards. Operations affecting more than 25 cubic yards require an individual permit. That GA requested applicants to provide data about the timing, location and other features of their operation. The Division also hired a temporary staff person who worked primarily in the field in essential habitat areas, educating placer miners about the new law, the need for a GA or permit from the Division and the standard operating conditions imposed to protect salmon habitat and water quality. The Division used the information from the 1995 GA and field work to develop a permanent GA for recreational and small-scale placer mining in essential habitat.
Objective
To develop a regulatory scheme for small-scale placer mining affecting less than 25 cubic yards with operating conditions and reporting requirements that ensure the activity will cause minimal individual and cumulative environmental impacts and will help achieve the CSRI objectives for physical habitat and water quality.
Implementation
Early in 1996, the Division worked with other natural resource agencies, including ODFW, DEQ and the Corps of Engineers, and with interest groups to develop a temporary GA, valid for 180 days. The State Land Board adopted that temporary GA in April 1996. During the 1996 operating season, the Division gathered information about the effectiveness of the GA's operating conditions and the scale and location of placer mining activities. DSL used that information to develop a permanent GA, which underwent public notice and hearings in late 1996. The State Land Board adopted the permanent GA in February 1997. During 1997 the Division will work with other state and federal resource and land management agencies and interested parties to develop and implement a monitoring protocol for recreational and small-scale placer mining. DSL also will again hire a temporary staff person for the 1997 operating season (DSL15).
Results
The GA incorporates a number of operating conditions that describe BMPs for placer mining affecting less than 25 cubic yards in areas designated as essential indigenous anadromous salmonid habitat. These conditions prohibit obstructions to fish passage; nozzling, sluicing or dredging outside the wet perimeter of the stream; excavation from the streambank (high-banking); and disturbance of rooted woody plants. The conditions also restrict movement of instream boulders and large woody debris, and require strict compliance with ODFW work windows.
Responsibility
DSL's Field Operations Section has the lead on developing a monitoring protocol and conducting compliance monitoring.
Funding
No new funding was required.
Schedule
The permanent GA will be effective March 1, 1997.
Compliance monitoring will occur throughout the operating season.
DSL11 - Assist In The Replacement Of Push-Up Dams That Interfere With Fish Passage.
The Division of State Lands will work with ODFW, WRD, ODA, OSP, local watershed councils and other affected agencies to clarify all agencies' jurisdiction over push-up dams, inventory existing dams, and work with property owners to identify alternatives to those push-up dams that interfere with fish passage. Funding sources for implementing those alternatives will also be identified and pursued.
Background
As movement of material on or within the bed of a stream, push-up dams over 50 cubic yards are classified as an alteration under Oregon's Removal-Fill Law. The ambiguous wording of some exemptions under that Law make its jurisdiction over push-up dams unclear. For example, "activities customarily associated with agriculture" are exempt from the zero cubic yard threshold in essential salmonid habitat, but are regulated if greater than 50 cubic yards.
Objective
To educate landowners about the effects of push-up dams on salmon passage and habitat, to ensure that dams are in compliance with all water quality standards and permit requirements, and assist in replacing push-up dams with alternate diversion methods based on priorities established by local watershed councils.
Implementation
The affected agencies conducted a pilot project in the Illinois Basin during 1996, which resulted in a database that shows the location, size, type and other features of all push-up dams, identifies ownership, and assesses compliance with state laws and regulations relating to water quality, removal-fill, fish passage and water rights. The local SWCD and the Illinois Valley Watershed Council contacted property owners with diversion structures to educate them about the effects of push-up dams on water quality and fish habitat, to obtain voluntary compliance with state laws and regulations and to ask their participation in the replacement of dams with alternate diversion methods. This effort will continue in 1997 and beyond, until all structures are addressed.
Results
In 1996, there were 26 dams inventoried, and 3 of these 26 dams were replaced with infiltration galleries.
Responsibility
DSL's Field Operations Section has the lead.
Funding
No new funding is required for DSL staff work. Funding for implementing alternatives needs to be identified and pursued.
Schedule
Began in 1996; continuing in the Illinois Basin during 1997 and beyond.
DSL12 - Analyze a payment-in-lieu of mitigation approach for commercial gravel removal with the revenue dedicated to habitat restoration and enhancement.
DSL will analyze a payment-in-lieu of compensatory mitigation approach to addressing the unavoidable impacts of commercial gravel removal on salmonid habitat, with the revenue dedicated to salmonid habitat restoration and enhancement.
Background
Oregon's Removal-Fill Law defines mitigation as the reduction of adverse effects of a proposed project by considering, in the following order: a) avoiding the impact, b) minimizing the impact, c) rectifying the impact, d) reducing or eliminating the impact over time, and e) compensating for the impact be replacing or providing comparable substitute wetland or water resources (ORS 196.800(10)). Permit conditions are used to minimize and mitigate the reasonably expected adverse impacts of removal-fill activities (ORS 196.825(5)). "Compensatory" mitigation (including payment-in-lieu of mitigation) has historically only been required for fills and removals in wetlands.
Objective
Provide compensatory mitigation for gravel removal in coastal basins and increased funding for fish habitat restoration and enhancement projects.
Implementation
DSL will work with interest groups to analyze a payment-in-lieu of compensatory mitigation approach for addressing the unavoidable impacts of commercial gravel removal on salmonid habitat. If found acceptable and feasible, it will be offered as a compensatory mitigation option based on the amount of gravel removed. DSL also will require commercial gravel removal permittees to report the actual amount removed annually.
Results
Potentially increased funding for fish habitat restoration and enhancement projects in coastal basins. However, listings of cutthroat trout, coho salmon and steelhead as threatened or endangered may require further restrictions on gravel removal in the affected streams, and thus reduce the revenue potential of this measure.
Responsibility
DSL's Field Operations Section has the lead.
Funding
No new funding is required for DSL staff work. An increased DSL expenditure limitation will be necessary in order to expend the payment-in-lieu revenue on habitat restoration and enhancement.
Schedule
Anticipated completion date: Late 1997 or early 1998, due to the need to analyze the effects of listings on gravel removal.
DSL13 - Target Compensatory Wetlands Mitigation To Salmon Habitat Projects.
The Division of State Lands will work with removal-fill permit applicants to target compensatory wetlands mitigation to riparian zones for off-channel ponds and other fish habitat enhancement projects.
Background
Oregon's Removal-Fill Law defines mitigation as the reduction of adverse effects of a proposed project by considering, in the following order: a) avoiding the impact, b) minimizing the impact, c) rectifying the impact, d) reducing or eliminating the impact over time, and e) compensating for the impact be replacing or providing comparable substitute wetland or water resources (ORS 196.800(10)). Compensatory mitigation for removals and fills in wetlands consists of restoration, enhancement or creation of wetlands, typically onsite or nearby; protection of existing high quality wetlands in lieu of mitigation; payment in lieu of mitigation; or participation in a mitigation bank project.
Objective
To increase the use of compensatory mitigation for preserving, restoring, enhancing or creating riparian wetlands that improve riparian function or provide other fish habitat benefits.
Implementation
DSL staff are responsible for approving permit applicant's mitigation plans. During pre-application planning, staff will consider the potential for targeting mitigation to riparian areas. DSL will inform consultants, who often prepare mitigation plans, local governments and other affected parties about this option through a memo or other public information measure, and encourage such mitigation targeting.
Results
Improved riparian function and increased off-channel habitat.
Responsibility
DSL's Field Operations Section has the lead.
Funding
No new funding is required.
Schedule
Began in 1996. Will continue indefinitely.
DSL14 - Work With Other Agencies To Clarify Jurisdiction Over Removal Of Large Woody Debris.
The Division of State Lands will work with other state and federal agencies to clarify each agency's legal jurisdiction over the removal of large woody debris from streams and estuaries, and develop legislation or regulations to fill any gaps in jurisdiction.
Background
Under the Removal-Fill Law, regulation of removal is limited to inorganic material, such as sand and gravel. The Division considered legislation that would expand that definition to include organic material, but after staff discussion and analysis it was determined that large woody debris does not fit well under the removal regulatory process. The Division can use its license authority to control removal of large woody debris when it is lodged in the bed or banks of navigable waterways owned by the state, but not when it is floating in the water. Other agencies, including ODF, ODFW, the Marine Board, the Corps of Engineers and the U.S. Coast Guard, also have some form of legal authority over large woody debris.
Objective
Clarify state agencies' legal authority over the removal of large woody debris from streams.
Implementation
The respective agency authorities will be documented. The appropriate agencies may propose legislation or undertake rulemaking to fill jurisdictional gaps.
Results
Increased complex structure in streams and estuaries for improved rearing habitat.
Responsibility
DSL's Field Operations Section has the lead with assistance from the Director's Office and the Policy and Planning Section.
Funding
No new funding is required.
Schedule
Discussions began in 1996.
DSL15 - Increase Field Presence In Coastal Essential Salmonid Habitat.
In 1996, the Division of State Lands provided funds for two additional temporary staff who worked in coastal basins. DSL will hire one temporary staff person during 1997.
Background
DSL field staff handle all removal-fill activities (i.e., application processing, technical assistance, interagency coordination, compliance monitoring and enforcement).
Objective
To increase public education, technical assistance and compliance monitoring in coastal basins, especially in essential salmonid habitat.
Implementation
In 1996, DSL reprogrammed funding within its base budget to employ two temporary staff who worked in coastal basins, focusing initially on flood recovery and then on public education, technical assistance, and compliance, especially in essential salmonid habitat. DSL will employ one temporary staff person in 1997.
Results
Increased public awareness of the Removal-Fill Law requirements, especially among recreational and small-scale placer miners; fewer permit violations.
Responsibility
DSL's Field Operations Section has the lead.
Funding
No new funding was required for 1996 or 1997 due to base budget reprogramming; see DSL27, Phase II for continued funding requirements.
Schedule
Ongoing.
DSL16 - Develop Administrative Rules For Mitigation Banking And For Payment Or Protection In Lieu Of Mitigation.
In 1997 the Division of State Lands adopted administrative rules on wetland mitigation banking, protection of existing high quality wetlands in lieu of mitigation, and payment in lieu of compensatory mitigation.
Background
The Oregon Legislature enacted the Mitigation Bank Act in 1987 (ORS 196.600-196.665), and amended it in 1995 (SB 830) to include privately-owned banks. Although several mitigation banks have been established in Western Oregon, the Division had never adopted administrative rules governing the creation and operation of banks. Similarly, while the Division has on occasion accepted payment in lieu of mitigation, or protection of existing wetlands in lieu of mitigation, it had never adopted formal rules governing these options, instead treating each case individually.
Objective
The objectives of mitigation banking are to increase the environmental benefits, functions and values, and the economic efficiency of wetlands mitigation by consolidating mitigation projects. Banks that restore or maintain riparian function and provide wildlife and fisheries habitat are encouraged. The objective of protection/payment in lieu is to provide alternative methods of conducting compensatory mitigation when on- or offsite mitigation is not appropriate or practicable.
Implementation
The Division developed administrative rules on mitigation banking and protection/payment in lieu with the assistance of a 22-member technical advisory committee composed of environmental consultants, state and federal agency staff, city and county planners, business people, attorneys with private sector experience, and a public representative. Notice and hearings were provided on the draft rules in accordance with the Administrative Procedures Act. The final rules were adopted by the State Land Board in February 1997.
Results
Most on- and offsite compensatory wetland mitigation projects are small, less than one acre in size, and their environmental benefits are limited in scope. Increased mitigation banking promoted by these rules will consolidate projects, allowing expanded, more comprehensive environmental benefits with improved long-term viability.
Responsibility
DSL's Field Operations Section will implement the mitigation programs.
Funding
No new agency funding is required for implementation of the rules.
Schedule
Final rule adoption in February 1997, implementation underway.
Phase I Measures, Wetlands Program
DSL17 - Inventory Coastal Wetlands.
The Division of State Lands will target grants to local communities in coastal basins to inventory wetlands.
Background
DSL's Wetlands Program annually receives federal funding from EPA for local wetland inventories to meet both DSL program and Goal 5 land use planning objectives. Those funds are distributed to cities through a grant program, and normally are spread equally among communities throughout the state. DSL staff also provide technical assistance for the inventory. Local wetland inventories have been completed in 10 coastal basin cities, with an additional five underway. Implementation of DLCD's new rules on Goal 5 inventories may accelerate the rate of inventories.
Objective
To assist local governments in identifying wetlands, their functions and significance.
Implementation
DSL's Wetlands Program administers the grants and provides technical assistance. Some of those grant funds will be targeted to coastal communities.
Results
Increased knowledge of coastal wetlands and their role in riparian function and salmonid habitat. Protection of significant wetlands.
Responsibility
DSL's Wetlands Team, within the Policy and Planning Section, will have the lead.
Funding
Pass-through grant funding provided by EPA on a competitive basis.
Schedule
Ongoing.
DSL18 - Develop Administrative Rules On Locally Significant And Outstanding State Wetlands.
In 1996 the Division of State Lands developed administrative rules that provide guidance to local governments conducting wetland inventories on determining which wetlands are significant and deserving of protection.
Background
The 1995 Oregon Legislature directed the Division to establish criteria and procedures for the identification of significant wetlands to meet state land use planning requirements. Communities must complete a Local Wetland Inventory (LWI) and develop a wetland protection program that places restrictions on "locally significant wetlands." Note that, even if a wetland is not considered locally significant for land use planning purposes, it is still subject to the permit and mitigation requirements of the Removal-Fill Law.
Objective
To provide technical guidance to communities conducting wetland planning under Goal 5, and to promote consistency among various communities' designation of significant wetlands.
Implementation
The Division distinguished, in its rulemaking, between locally significant wetlands within urban (incorporated and unincorporated) areas and outstanding wetlands statewide. Division staff developed draft administrative rules with the assistance of two technical advisory committees, one for each group of wetlands. Public notice and hearings were provided on the draft rules in accordance with the Administrative Procedures Act. The rules on locally significant wetlands in urban areas were adopted by the State Land Board in December 1996, and became effective in January 1997. The rules on outstanding state wetlands are near completion.
Results
Using these rules, urban communities will be able to concentrate planning and protection efforts on those wetlands that serve the most important functions in the community (e.g., flood control, fish habitat, water quality). Outside urban areas, the Division will take the lead in identifying the wetlands of highest statewide significance, and counties will then include those wetlands in their planning inventory.
Responsibility
DSL's Wetlands Team, within the Policy and Planning Section has the lead.
Funding
No new funding is required.
Schedule
The rules on locally significant wetlands in urban areas were effective January 1997. The rules on outstanding state wetlands will be completed during 1997.
DSL19 - Continue Implementation of Oregon's Wetland Conservation Strategy.
The Division of State Lands will continue to implement Oregon's Wetland Conservation Strategy, which establishes priorities for an integrated state wetlands program.
Background
Approximately 38 percent of Oregon's historic wetlands have been converted to agricultural, commercial and other uses. Changes in public policy in the last two decades have attempted to reverse the trend of wetland conversion. These policy changes are reflected in state laws and regulations related to removal-fill activities and land use planning. For example, Oregon's land use planning law, first adopted in 1973, requires local governments to inventory urban wetlands and identify those that are locally significant (see DSL18). In addition, fills and removals in wetlands came under the purview of the Removal-Fill Law in 1979; and the 1989 Legislature adopted a statewide wetland program.
The statewide land use planning process now provides substantial protection for more than 99% of Oregon's remaining estuarine wetlands. However, freshwater wetlands have posed a significantly greater conservation challenge. The Division developed a Wetland Conservation Strategy to address the issues posed by the number of wetlands on private land, and the motivations for draining or filling wetlands. In 1995, the State Land Board adopted Oregon's Wetland Conservation Strategy, an integrated incentive-based program to conserve, protect and manage the state's wetland resources.
The Division served as facilitator, mediator and integrator during development of this Strategy. Literature review, interviews with representatives from government agencies and interest groups, and topical wetland strategy workgroups helped identify issues and develop recommendations. In addition, nine Advisory Committees representing all affected government agencies and interest groups met over an 18-month period to guide Strategy development.
Objective
The objectives of this Strategy are to:
Implementation of the Strategy will assist in attaining the Oregon Progress Board's Benchmark of "no net loss" of wetland acreage, functions and values over the 1990 baseline.
Implementation
Oregon's Wetland Conservation Strategy was adopted by the State Land Board in 1995. It includes recommendations related to: regulation, planning, protection, restoration, public information, BMPs, public lands management, inventories, and research needs. The Division will work with other agencies and interest groups to implement the Strategy, including obtaining financial and program support from the executive branch and the Legislature, developing educational materials, providing technical assistance and guidance.
The Division will monitor the Strategy's progress, measure it against the goals and the Oregon Benchmark for Wetlands, and report the results annually to the State Land Board and the Oregon Progress Board.
Results
The conservation, protection, restoration, effective mitigation and best use of Oregon's wetland resources.
Responsibility
DSL's Wetlands Team within the Policy and Planning Section has the lead.
Funding
No new funding is required for DSL staff work on implementation of the Strategy. New funding mechanisms are needed to provide stable, long-term financing to achieve various Strategy goals and priorities.
Schedule
Ongoing.
Phase I Measures, Proprietary
DSL20 - Reduce Water Pollution From Waterway Lessees.
In 1996 the Division of State Lands revised its standard waterway lease to require lessees to meet applicable DEQ and OMB requirements for sewer hookups, disposal stations, etc.
Background
The Division administers state-owned submerged and submersible lands, including leasing those lands for purposes such as houseboats and marinas, under ORS 274.040. In the coastal basins, state-owned areas are mostly limited to the tidally-influenced portions of each river; exceptions include the Chetco (to at least RM 11), the Umpqua (to RM 111.5, the confluence of the North and South Forks) and the Rogue (to Grave Creek).
Objective
To reduce pollution from houseboats and marinas.
Implementation
In 1996, after consultation with DEQ and OMB, the Division revised its standard waterway lease language to require lessees to meet applicable water quality standards, including DEQ and OMB requirements for sewer hookups, disposal stations, etc. The lease stipulations are enforceable through action up to and including lease cancellation.
Results
Assurance that state waterway lessees will meet water quality requirements.
Responsibility
DSL's Field Operations Section has the lead.
Funding
No new funding was required for lease revision; nor will any be required for compliance monitoring.
Schedule
Lease revision complete in 1996; compliance monitoring is ongoing.
DSL21 - Evaluate The Habitat Potential Of Scattered Coastal Tracts.
The Division of State Lands will inventory the Common School Fund Lands in Western Oregon for their salmon habitat value, and develop appropriate conservation strategies for those parcels with high value habitat.
Background
The State Land Board owns, and the Division administers, around 25,000 acres of Common School Fund trust land scattered throughout Western Oregon (excluding 89,000 acres in the Elliott State Forest, which is already included in an active multi-species Habitat Conservation Plan). In 1995, the Board adopted an Asset Management Plan (AMP) to guide management of the land, waterways and minerals under their jurisdiction. Under the AMP, Special Interest Lands--those with sensitive or unique natural cultural or recreational resources--will be identified and receive special management attention.
Objective
To identify Common School Fund Lands in coastal basins with high value salmonid habitat, especially those parcels around or adjacent to Core Areas, and develop appropriate conservation strategies for the resource values present.
Implementation
Most of the Common School Land in coastal basins is managed by ODF, which will identify lands appropriate to designate for habitat conservation; a few scattered tracts lie outside state forest boundaries. DSL will work with ODF to inventory Common School Lands in coastal basins, especially those in or adjacent to Core Areas, to identify their salmonid habitat potential and develop appropriate conservation or management strategies.
Results
State land administered by DSL with high quality salmonid habitat will be managed to conserve resource values.
Responsibility
DSL's Policy and Planning Section has the lead.
Funding
No new funding is required.
Schedule
Identify Common School Fund land ownership in coastal basins and assess its habitat potential by September 1997. Develop and implement conservation strategy by September 1998.
DSL22 - Work With ODF to Improve Fish Habitat on the Elliott State Forest.
The Division of State Lands will work with ODF to identify habitat restoration projects that could be performed on the Elliott State Forest consistent with the HCP and the Management Plan.
Background
91 percent of the Elliott State Forest (Coos and Douglas Counties) is Common School Trust Land, administered by the State Land Board and managed under contract by ODF. Common School Lands are held in trust for the K-12 schools and managed to maximize their value and revenue over the long term. In 1994, the Land Board adopted the R2 Riparian Management Strategy for the Elliott. In 1995, the U.S. Department of the Interior approved an HCP for the Elliott that specifically addresses the northern spotted owl and marbled murrelet, but also incorporates the R2 strategy for fish. ODF already has undertaken a number of habitat enhancement projects on the Elliott.
Objective
To identify potential actions to improved fish habitat and related conditions on the Elliott State Forest.
Implementation
DSL will work with ODF to identify additional measures such as road removal, culvert replacement and fish habitat enhancement that are consistent with the HCP and the Elliott Management Plan.
Results
Improved physical and biological habitat conditions on the Elliott State Forest.
Responsibility
DSL's Policy and Planning Section has the lead.
Funding
Project costs are unknown at this time; funding will come from timber revenues.
Schedule
Completion of analysis in 1998.
On-the-ground work would begin in the 1999-01 biennium.
Phase I Measures, Outreach and Education
DSL23 - Update Public Education Materials On Removal-Fill Projects.
The Division of State Lands will update its public education tools (e.g., brochures, fact-sheets) on removal-fill activities.
Background
DSL's Field Operations staff spend a significant amount of time on public education and technical assistance on Oregon's Removal-Fill Law. Compliance problems still arise, however, due to lack of public understanding of permit requirements and processes.
Objective
To improve public understanding of and compliance with the Removal-Fill Law.
Implementation
DSL will update its public education tools (e.g., brochures, fact sheets) to help reduce the number of violations, facilitate project approval, and provide information on fish-friendly project design and construction. In 1996, DSL began enclosing a copy of the CSRI brochure on "What you can do to help salmon where you live and work" with all removal-fill permit applications, waterway leases, and wetland land use notifications. Updated drawings on project designs were included with the revised GAs for erosion control, fish habitat enhancement and wetland restoration enhancement (DSL5 through DSL8). These covered topics such as pool and off-channel pond construction, bioengineering and placement of large woody debris. In late 1996, DSL also issued a revised edition of the public information brochure "Placer Mining in the State of Oregon."
Results
Fewer removal-fill violations; more fish-friendly project design and construction.
Responsibility
DSL's Policy and Planning Section has the lead in cooperation with the Field Operations Section.
Funding
No new funding is required.
Schedule
Ongoing.
DSL24 - Develop Information Packets For Watershed Councils.
The Division of State Lands will develop a fact sheet and standard technical assistance package for watershed councils.
Background
DSL Western Region field staff have territories covering two to four counties. They are unable to attend all watershed council meetings without either neglecting their other field responsibilities (e.g., removal-fill permit issuance and monitoring, and waterway leasing) or incurring significant overtime. Improved coordination with watershed councils and facilitation of their projects, many of which require removal-fill permits, is a goal of CSRI. The challenge is to improve such coordination within limited staff resources.
Objective
Better coordination with watershed councils.
Implementation
The Division will develop a fact sheet and standard technical assistance package for watershed councils to better facilitate activities requiring removal-fill permits, such as fish habitat enhancement, streambank stabilization and wetland restoration and enhancement. Staff will also attend watershed council meetings when practicable and coordinate with councils on specific projects.
Results
Better understanding of Removal-Fill Law requirements on the part of watershed councils, resulting in fewer permitting delays. Better DSL staff awareness and utilization of watershed council expertise and input.
Responsibility
DSL's Policy and Planning Section will have the lead on information packets.
DSL's Field Operations Section has the lead on field coordination.
Funding
No new funding is required.
Schedule
Completion and distribution of standard information packet by April 1997.
Coordination is ongoing.
DSL25 - Help Develop Removal-Fill Education Materials For Contractors.
The Division of State Lands will work with the state boards that license contractors to help develop education materials on the environmental impacts of removal-fill activities.
Background
Various state boards license construction and landscape contractors and heavy equipment operators. The license requirements include continuing education requirements.
Objective
To help educate construction and landscape contractors and heavy equipment operators about advances in removal-fill project design and construction techniques that minimize adverse environmental impacts (e.g., bioengineering, fish passage needs).
Implementation
Division staff will meet with the appropriate licensing boards to inform them about CSRI and the need to educate licensees about recent innovations in removal-fill project design and construction techniques. DSL will then work with those boards to help identify appropriate continuing education curricula and suggest instructors.
Results
Improved removal-fill project design and construction, resulting in faster permit processing and fewer compliance monitoring issues.
Responsibility
DSL's Field Operations Section has the lead with assistance from the Policy and Planning Section.
Funding
No new funding is required for DSL staff activities.
Schedule
Initiate contact with various licensing boards in Spring 1997. Determine curriculum or information needs by Fall 1997.
Phase II Measures, Removal-Fill Program
DSL26 - Analyze And Implement Regulatory Streamlining Options.
The Division of State Lands will continue to analyze and implement regulatory streamlining options, including state assumption of the Clean Water Act Sec. 404 dredge/fill permit program currently administered by the Corps of Engineers, a State Programmatic General Permit, and/or General Authorizations.
Background
Oregon's Removal-Fill Law and the Clean Water Act Section 404 permitting program administered by the Corps regulate similar instream and wetland activities, including erosion control, gravel mining, and wetland fills. The state and federal programs have historically been coordinated closely, with DSL and the Corps using a joint permit application. DSL circulates permit applications to state and local agencies and interested parties for review and comment, while the Corps circulates to federal agencies. DSL develops permit and operating conditions in consultation with the Corps, based on comments received by both agencies. The state and the Corps also coordinate monitoring and enforcement activities.
Objective
Reduced duplication between the federal and state programs. Streamline state permitting processes to free up more staff time for on-the-ground technical assistance and compliance monitoring.
Implementation
The 1995 Legislature authorized the Division to apply to EPA by January 1996 to assume the 404 program, and specified that if assumption does not occur by July 1997, the state could not exercise its removal-fill permitting authority whenever the Corps issued an individual permit. DSL submitted a placeholder application to EPA in December 1995 to meet the statutory deadline and to solicit EPA's review of the adequacy of the state removal-fill program. Upon receipt of EPA's response, DSL convened a stakeholder group composed of state and federal agencies and interest group representatives to provide continuing review and advice on the issues surrounding 404 program assumption. The Division will continue to analyze 404 assumption during the 1997-99 biennium, in light of recent and proposed changes in the federal program, court decisions, and other developments. SB 207, introduced in the 1997 Oregon Legislature, would revise the deadline for state assumption.
At the same time, the Division will analyze other options, both internally and externally, for streamlining its regulatory procedures, including a State Programmatic General Permit and General Authorizations. Those options will be implemented to the extent they also provide adequate or improved protection for salmon habitat, water quality and other resources.
Results
Streamlined permitting paperwork and procedures will allow DSL's Field Operations staff to spend more time in the field, conducting public education, technical assistance and compliance monitoring.
Responsibility
DSL's Policy and Planning Section has the lead on analyzing regulatory streamlining options.
Funding
$105,089 in Other Funds (Common School Fund) and $105,089 in Federal Funds requested for the 1997-99 biennium to continue analysis of regulatory streamlining options.
Schedule
DSL budget approved by the Governor's Office in December 1996.
Legislative hearings scheduled for February 1997.
Effective date, if approved by the Legislature, is July 1, 1997.
DSL27 - Add Permanent Field Staff In Coastal Basins.
The Division of State Lands has asked the Oregon Legislature for authority to add two permanent positions to be devoted to removal-fill project technical assistance, outreach, monitoring and compliance in essential indigenous anadromous salmonid habitat and field activities related to CSRI program measures.
Background
DSL field staff handle all removal-fill activities (i.e., application processing, technical assistance, interagency coordination, and compliance monitoring). In 1993, the Oregon Legislature amended the Removal-Fill Law to cover all activities in areas designated as essential indigenous anadromous salmonid habitat, as compared with the 50 cubic yard regulatory threshold in most other areas. Administrative rules implementing the essential habitat requirements were effective in January 1996. The new program increased DSL staff workload significantly. During 1996, DSL reprogrammed its base budget to provide funds for two temporary staff whose assigned territory was coastal basins; they focused initially on flood recovery and then on public education, technical assistance and compliance monitoring in essential habitat areas (DSL15). During the 1997 operating season, DSL will again reprogram its base budget to hire one temporary field person who will also focus on essential habitat activities (DSL15).
Objective
Increased public education, technical assistance and compliance monitoring in coastal basins, resulting in fewer adverse impacts to salmonid habitat from removal-fill activities.
Implementation
The Division submitted a Program Option Package in its 1997-99 budget request to add two permanent positions (one field staff, one support staff) to address the increased workload associated with removal-fill activities in essential salmonid habitat and implementation of CSRI program measures.
Results
Fewer adverse effects from removal-fill activities in coastal basins on salmonid habitat.
Responsibility
DSL's Field Operations Section has the lead.
Funding
$194,327 in Other Funds (Common School Fund), and 2.0 FTE requested for 1997-99 biennium and beyond.
Schedule
DSL budget approved by the Governor's Office in December 1996.
Legislative hearings scheduled for February 1997.
Effective date, if approved by the Legislature, is July 1, 1997.
DSL28 - Reclassify Field Operations Administrative Staff.
The Division of State Lands has asked the Oregon Legislature for authority to reclassify the Field Operations administrative staff to free up more of the Resource Coordinators' time for field work.
Background
DSL's Field Operations' administrative staff currently are classed OS-1. This classification covers routine clerical operations such as typing and filing, as well as reviewing the completeness of removal-fill permit applications and mailing applications to the appropriate parties for review.
Objective
Transfer some duties from Resource Coordinators to administrative staff, giving the Resource Coordinators more time in the field.
Implementation
The Division included a Program Option Package in its 1997-99 budget request to reclassify the Field Operations support staff as OS-2. This would allow them to assume more of the administrative duties associated with permitting, such as responding to telephone requests for information about a permit, and thus free up the Resource Coordinators' time for more field work.
Results
Better public education, technical assistance and compliance monitoring of removal-fill permits through better trained administrative staff and more on-the-ground field work.
Responsibility
DSL's Field Operations Section has the lead.
Funding
$12,328 in Other Funds (Common School Fund) requested for 1997-99 and beyond.
Schedule
DSL budget approved by the Governor's Office in December 1996.
Legislative hearings scheduled for February 1997.
Effective date, if approved by the Legislature, is July 1, 1997.
DSL29: Implement Information Resource Management Plan To Enable Tracking Of Cumulative Impacts.
The Division of State Lands will implement its Information Resource Management Plan to provide a systems environment that will enable the tracking of cumulative impacts.
Background
The 1995 Legislature authorized DSL to migrate from a Wang computer system to an open architecture LAN system that will be integrated with the existing GIS station. DSL has a custom removal-fill permit database on the Wang that tracks simple number of permits issued by type and waterway, permits renewed and denied, violations reported/resolved, and enforcement actions. The Wang system is not linked to the GIS station, and cannot produce reports that enable DSL to track cumulative number and type of permits issued over time on a waterway.
Objective
Provide the ability to track cumulative numbers and types of removal-fill permits issued on particular waterways over time, and map them on GIS.
Implementation
The Division is nearing the end of Phase I of a three-phase migration from the Wang to an open architecture system that will allow communication with other state agencies via the state LAN and with the public through Internet E-Mail. Concurrently, DSL is implementing Phase II, which will establish system requirements for translating the removal-fill permit and other Field Operations databases (e.g., sand and gravel royalty leases), linking them to DSL's GIS system, and defining the desired level of public access. DSL expects to begin Phase III, which will implement Phase II, during 1997.
DSL does not yet have an estimate of how long it will take to fully translate the Field Operations databases to the new computer system and integrate them with GIS. This schedule will be refined further in Spring 1997 following completion of Phase I and Legislative approval of the DSL budget.
Results
Better DSL staff understanding of the cumulative numbers of permits issued in particular areas, and the ability to map permit locations on GIS.
Responsibility
DSL's Information Services Team, within the Finance and Administration Section, has the lead.
Funding
$118,600 in Other Funds (Common School Fund) requested for 1997-99 biennium. Anticipate requesting additional OF when the Phase II requirements plan is complete.
Schedule
DSL budget approved by the Governor's Office in December 1996.
Legislative hearings scheduled for February 1997.
Implementation is ongoing.
South Slough National Estuarine Research Reserve
CSRI Implementation Plan
Phase I Measures
SSNERR1 - Restore Estuarine Habitat In The South Slough Estuary.
In 1996, the South Slough National Estuarine Research Reserve (SSNERR) restored estuarine habitat.
Background
The South Slough National Estuarine Research Reserve (SSNERR) in Charleston, Oregon is a 4,800-acre research natural area encompassing a portion of the Coos estuary in Southern Oregon. SSNERR is part of the National Estuarine Research Reserve System administered in partnership with the National Oceanic and Atmospheric Administration. The mission of SSNERR's conservation strategy is to:
Conduct long-term conservation, restoration and management activities within the South Slough coastal wetland ecosystem that are designed to re-establish natural estuarine processes and improve habitat values for fish and wildlife.
Objective
To restore tidal circulation, eelgrass beds and native salt marsh vegetation to around 75 acres of degraded agricultural land.
Implementation
In 1996, the SSNERR completed Phase I of the Winchester Tidelands Restoration Project, which involved (1) restoring the natural sinuosity of tidal channels in Cox Canyon, (2) reestablishing forested wetlands within a 15-acre parcel in the Hidden Creek watershed, (3) restoring around two acres of eelgrass to a site in Brown's Cove previously damaged by oyster cultivation, and (4) restoring tidal circulation and native vegetation to 7 acres of previously diked and drained areas in Kunz Marsh.
Results
Restoration of estuarine habitat and adjacent wetlands.
Responsibility
SSNERR's Director has the lead, with the assistance of the Research Coordinator and Land Steward.
Funding
No additional funding was required for work in 1996-97; see SSNERR4 for Phase II.
Schedule
Ongoing.
SSNERR2 - Develop Partnerships For Improved Estuarine Habitat Management.
SSNERR will work with federal and state agencies and private organizations to develop agreements for cooperative management and habitat monitoring and enhancement for coastal wetlands within the South Slough estuary.
Background
A primary goal of the SSNERR Conservation Strategy is to take a more active role in cooperative management of coastal wetlands located within the South Slough estuary.
Objective
Conservation and enhancement of estuarine habitats and associated wetlands in the South Slough estuary.
Implementation
SSNERR is working to develop Memoranda of Understanding and Interagency Agreements with various state and federal agencies and private entities to: (1) reestablish functional salt marsh at a former coastal wetland site used for dredge spoils disposal, (2) protect 80 acres of wetland habitat within Brown's Cove, (3) conserve 35 acres of wetland habitat and 93 acres of adjacent tidelands at Metcalf Marsh, and (4) enhance coastal wetland habitats within 21 acres of Barview Wayside. Those agreements will provide the framework for an integrated coastal wetlands program to improve resource stewardship, conduct onsite research and monitoring of critical habitats, and provide opportunities for public education and interpretation.
Results
Cooperative management, including enhancement, protection and monitoring, of estuarine habitat and coastal wetlands within the South Slough estuary.
Responsibility
SSNERR's Director has the lead, with the assistance of the Research Coordinator and Land Steward.
Funding
No new funding required.
Schedule
Anticipate completion by June 1997.
SSNERR3: Conduct Research On Estuarine Habitat.
SSNERR recently conducted research on estuarine salmonid habitat conditions, uses and needs.
Background
An important part of SSNERR's mission is to gather scientific information essential to coastal zone decisionmaking and to provide reliable information about the importance of estuaries to policy makers and the public.
Objective
To increase knowledge and public awareness about the importance of estuarine habitat.
Implementation
SSNERR staff recently conducted research on: (1) estuarine water quality parameters, (2) the effects of oyster cultivation on eelgrass habitat, (3) seine studies of fish populations in the Slough, and (4) evaluation of larval populations of dungeness crab and ghost shrimp as biological indicators of estuarine health. SSNERR staff also cooperate with scientists at the University of Oregon's Institute of Marine Biology on various research projects. SSNERR4 includes a major research component related to experimental assessment of techniques to accelerate the restoration of estuarine functions to diked tidal wetlands.
Results
Better understanding of salmon life history in estuarine habitats and the effects of human activity on habitat.
Responsibility
SSNERR's Director has the lead.
Funding
All research projects are funded through grants.
Schedule
Ongoing.
Phase II Measures
SSNERR4: Continue to Implement the SSNERR Conservation Strategy.
SSNERR will continue to implement its conservation strategy, including estuarine habitat restoration, research and monitoring, conservation of coastal wetlands, acquisition of land within the South Slough watershed, and public education and interpretation regarding estuarine environments.
Background
SSNERR is managed to conserve the natural resources of the Sough Slough estuary, while accommodating research, education and recreation uses. The SSNERR estuary conservation strategy is to: (a) restore estuarine habitat, (b) develop interagency agreements and other management mechanisms to conserve coastal wetlands, (c) acquire additional land to further protect the South Slough watershed, (d) conduct research and monitoring of critical coastal habitats, and (e) provide opportunities for public education and interpretation regarding estuarine environments. SSNERR is an active member of the Coos Watershed Association.
Objective
To improve the understanding of and physical condition of estuarine habitats, to help meet the CSRI goals and objectives for physical habitat.
Implementation
The implementation of SSNERR's Conservation Strategy is ongoing, but some projects, such as research and restoration, are dependent on federal and matching grant funds beyond September 1997. Important ongoing activities that will continue into 1997-99 include improved management of coastal wetland habitats (SSNERR2) and experimental assessment of techniques to accelerate the restoration of estuarine functions at diked tidal wetlands. A major component is continued research and monitoring of the Kunz Marsh restoration site. In addition, SSNERR will seek opportunities to acquire additional land within its watershed using dedicated funds.
Results
Improved habitat conditions within South Slough, better understanding of estuarine habitat and coastal wetlands in general.
Responsibility
SSNERR's Director has the lead.
Funding
$1.4 million requested for the 1997-99 biennium ($1 million Current Service Level and $400,000 in Program Option Packages).
Schedule
SSNERR budget request approved by the Governor's Office in December 1996.
Legislative hearings scheduled for February 1997.
Effective date, if approved by the Legislature, is July 1, 1997.
Oregon Natural Heritage Program
CSRI Program Measures
Phase II Measures
ONHP1 - Add Fisheries Information to the Natural Heritage Data Bank.
The Oregon Natural Heritage Program (ONHP) will develop and maintain a database for coastal coho, steelhead and Umpqua cutthroat trout.
Background
The ONHP is a public-private partnership whose staff work with the Division of State Lands, which provides administrative support, BLM, USFS, USFWS and The Nature Conservancy. The Oregon Natural Heritage Act (ORS 272.561-272.591) creates a Natural Heritage Data Bank to serve as a central repository of information on rare, threatened and endangered species in Oregon. ONHP has worked cooperatively with state and federal agencies to compile this centralized and uniform database, which currently contains locations of all these species in a relational data file. ONHP is in the process of digitizing the data to link with a GIS file in ARCINFO at a scale of 1:24,000.
Objective
To gather data on the spawning and rearing locations for coastal coho, steelhead and Umpqua cutthroat trout from state and federal agencies, and to standardize the information in the Natural Heritage Data Bank, for more efficient data management.
Implementation
ONHP has a fisheries biologist who has worked with all agencies, including the BLM, USFS, ODFW, NMFS and PMFC to gather spawning and rearing data. BPA and BLM provided $9,000 in funding to fund this effort in the 1995-97 biennium.
Results
The fisheries information can be provided to state and federal agencies, watershed councils and working groups to help implement the CSRI plan by setting priorities for habitat management, restoration and acquisition.
Responsibility
The ONHP Staff Director has the lead.
Funding
A total of $35,000 is needed to complete the database during the 1997-99 biennium. $9,000 is available for FY 1998.
Continued funding is needed for database maintenance.
Schedule
Began in 1996; will continue as funding becomes available.
ONHP2 - Complete the Biodiversity Data Layer.
ONHP will complete and maintain the GIS layer showing the contribution of designated lands to the maintenance of fish, wildlife and other components of biodiversity.
Background
The Oregon Natural Heritage Act (ORS 272.561-272.591) creates a Natural Heritage Data Bank to serve as a central repository of information on rare, threatened and endangered species in Oregon. ONHP has worked cooperatively with state and federal agencies to compile this centralized and uniform database, which currently contains locations of all these species in a relational data file. As part of a cooperative effort with Defenders of Wildlife that began in 1996, ONHP helped compile a GIS layer that shows all of Oregon's land management status and evaluates designated land areas to assess their current contribution to the maintenance of fish, wildlife and other components of biodiversity. The GIS layer is available through the State GIS Service Center.
Goal
To provide land management data for state and federal agencies, watershed councils and working groups to use in implementing the CSRI plan.
Implementation
In Spring 1996, ONHP and the Defenders of Wildlife developed a managed areas data layer by compiling information from all sources. The file is available through the State GIS Service Center. It lacks quality control assessments and needs annual updating and maintenance. This work would be performed by a GIS data analyst at the ONHP office.
Results
A compiled, high quality statewide data layer showing land management designations for use in state, local and watershed planning efforts.
Responsibility
The ONHP Staff Director has the lead.
Funding
$6,500 is needed to perform quality control on the existing statewide data layer. $1,800 is needed annually for database maintenance.
Schedule
Began in 1996, and continues as funding allows.
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