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404 Assumption Stakeholder Questions and DSL Responses

404 Assumption Stakeholder Questions and DSL Responses. April 2012. State Navigable versus Federal Navigable. Side-by-side comparison of definitions: Justin Russell, OSU (HANDOUT). Definitions .

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404 Assumption Stakeholder Questions and DSL Responses

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  1. 404 Assumption Stakeholder Questions and DSL Responses April 2012

  2. State Navigable versus Federal Navigable • Side-by-side comparison of definitions: Justin Russell, OSU (HANDOUT)

  3. Definitions • Section 404 regulates the discharge of dredged or fill material into waters of the United States. • Fill: total of deposits by artificial means (term used by the State and the Corps) • Removal: taking of material from the bed and banks of waters of this state (term used by the State) • Dredge: remove by artificial means (used by the Corps)

  4. State permitting timelines • How many permits take over 120 days to process? Individual Permits between January 11, 2010 and December 29, 2011:

  5. Streamlining scenarios • More details regarding options: • Why should DSL continue to regulate: • More accountable to State government • Better State agency coordination • Better coordination with State economic recovery goals/objectives • Resource Protection

  6. Streamlining scenarios • Resource Protection: WETLAND PLANNING TOOLS • Local Wetland Inventories • LWIs are conducted by wetland consultants for local governments completing wetlands planning under Statewide Goal 5 (Natural Resources) or 17 (Coastal Shorelands) • There are 85 approved Local Wetland Inventory maps • There are 10 pending Local Wetland Inventory maps

  7. Streamlining scenarios • Resource Protection: WETLAND PLANNING TOOLS • Wetland Land Use Notices • Total # Notices Completed Per Fiscal Year

  8. Streamlining scenarios • Resource Protection: WETLAND PLANNING TOOLS • Wetland Delineations Completed Per Calendar Year • Wetland Determinations Completed Per Calendar Year

  9. Streamlining scenarios • Resource Protection: WETLAND PLANNING TOOLS • Wetland Functional Assessment Tools Developed by DSL: • Oregon Freshwater Wetland Assessment Method • Hydrogeomorphic Guidebook: Statewide Classification & Profiles • Willamette Valley Ecoregion HGM • Tidal HGM • Oregon Rapid Wetland Assessment Protocol • Publications with Partners: • Wetland Land Use Change in the Willamette Valley, Oregon: 1982-1994 • Wetland Regulatory Compliance in the Willamette Valley, Oregon: 1982 to 1994 • The Wetland and Land Use Change in the Willamette Valley, Oregon: 1994-2005

  10. Streamlining scenarios • Resource protection: ENFORCEMENTS Cases Opened between July 1, 2006 and June 30, 2011

  11. Streamlining scenarios • Resource protection: ENFORCEMENTS Types of violations between July 1, 2006 and June 30, 2011

  12. Streamlining scenarios • Resource Protection: JURISDICTION OF ISOLATED WATERS • Isolated wetlands include closed systems found in Eastern Oregon. Examples: • Summer Lake • Alvord Lake • Wetlands surrounding Whitehorse Creek

  13. Some additional questions • How will State water quality standards be assured under a state assumed program? • State water quality standards must be met as part of an assumed program. We will begin discussions with DEQ to determine this process. • Implication to assumption scenarios and permitting timelines if the removal-fill program were moved to DEQ:

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