OAR 141-085-0710
Monitoring Requirements for CWM

(1)

Purpose. The purpose of the CM monitoring requirement is to provide information for the Department to:

(a)

Determine whether the CM complies with the conditions of the authorization and whether the CM has achieved its stated goals, objectives and performance standards;

(b)

Determine whether the CM is replacing wetland and tidal waters area, including any required buffers;

(c)

Determine whether the CM site is replacing functions and values; and

(d)

Provide information for removal-fill program monitoring.

(2)

Monitoring Reports. The permit holder must monitor the CM site and provide to the Department monitoring reports commensurate with CM site size and complexity. Those reports must include at minimum:

(a)

A post construction report demonstrating as built conditions and discussing any variation from the approved plan. Unless waived by the Department, the post construction report must be submitted within 90 calendar days of completing grading;

(b)

An annual written monitoring report that includes all data necessary to document compliance with CM conditions and performance standards; and

(c)

A sufficient number of permanent monitoring points to provide a representative sampling of the CM site and buffers.

(3)

Duration. Monitoring must be conducted for a minimum period of five growing seasons after the completion of all the initial plantings, unless otherwise specified by the Department.

(4)

Final Monitoring Report Requirements. To determine whether the CM project will meet acreage and functional replacement requirements, the Department must receive by not later than the fifth year of the monitoring program the following additional documentation:

(a)

Mapping of the CM site boundary and for CWM projects, verification of quantities of actual restoration, creation and enhancement acreages achieved by HGM and Cowardin class; and

(b)

Comparison of actual functions and values attained at the CM site compared to the predicted functions and values for the CM site identified in the CM Plan.

(5)

Additional Monitoring. The Department may require modifications to the CM plan, as well as require additional monitoring, if the Department determines that the CM fails to meet performance standards, replacement acreage requirements, or replace functions and values.

(6)

Release from Monitoring Obligations. When the Department determines that the CM complies with the conditions of the removal-fill authorization, the Department will notify the permit holder in writing that additional monitoring is not required.

Source: Rule 141-085-0710 — Monitoring Requirements for CWM, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=141-085-0710.

141‑085‑0500
General 141‑085‑0506
Policy 141‑085‑0510
Definitions 141‑085‑0515
Removal-Fill Jurisdiction by Type of Water 141‑085‑0520
Removal-Fill Jurisdiction by Volume of Material 141‑085‑0525
Measuring and Calculating Volume of Removal and Fill 141‑085‑0530
Exemptions for Certain Activities and Structures 141‑085‑0534
Exemptions for Certain Voluntary Habitat Restoration Activities 141‑085‑0535
Exemptions Specific to Agricultural Activities 141‑085‑0540
Types of Authorizations 141‑085‑0545
Fees 141‑085‑0550
Application Requirements for Individual Permits 141‑085‑0555
Individual Removal-Fill Permit Application Review Process 141‑085‑0560
Public Review Process for Individual Removal - Fill Permit Applications 141‑085‑0565
Department Determinations and Considerations in Evaluating Individual Permit Applications 141‑085‑0575
Permit Appeals 141‑085‑0580
Discovery in Contested Cases 141‑085‑0585
Permit Conditions, Permit Expiration Dates and Permit Transfer 141‑085‑0590
Renewal and Extension of Individual Removal-Fill Permits 141‑085‑0595
Permit Requirements and Interagency Coordination for Department of Environmental Quality Approved Remedial Action, Corrections Facilities, Solid Waste Land Fills and Energy Facilities 141‑085‑0665
Expedited Process for Industrial or Traded Sector Sites 141‑085‑0676
Emergency Authorizations 141‑085‑0680
Compensatory Mitigation (CM) 141‑085‑0685
Functions and Values Assessment 141‑085‑0690
Eligibility Requirements for CM 141‑085‑0692
Mitigation Accounting 141‑085‑0694
Special Requirement for CM 141‑085‑0695
Administrative Protection of CM Sites 141‑085‑0700
Financial Security for CM Sites 141‑085‑0705
Requirements for CM Plans 141‑085‑0710
Monitoring Requirements for CWM 141‑085‑0715
Mitigation for Temporary Impacts 141‑085‑0720
Mitigation Banking Purpose, Applicability and Policies 141‑085‑0725
Process for Establishing Mitigation Banks 141‑085‑0730
Establishment of Mitigation Credits 141‑085‑0735
Release, Use and Sale of Mitigation Credits 141‑085‑0740
Authorization for Mitigation Banks 141‑085‑0745
In-Lieu Fee Mitigation 141‑085‑0750
Payments to and Expenditures from the Oregon Removal-Fill Mitigation Fund 141‑085‑0755
Advance Mitigation 141‑085‑0768
Advance Aquatic Resource Plans 141‑085‑0770
Complaints and Investigations 141‑085‑0775
Enforcement Actions and Procedures 141‑085‑0780
Revoking or Suspending an Authorization 141‑085‑0785
Civil Penalties
Last Updated

Jun. 8, 2021

Rule 141-085-0710’s source at or​.us