OAR 141-093-0215
Jackson County Vernal Pools - Specific Conditions


General Conditions Apply. All the requirements, procedures and conditions set forth in OAR 141-093-0105 (Application Requirements and Completeness Review for Authorizing Projects under a General Permit) through 141-093-0135 (General Conditions) apply to this GP, unless otherwise specified in this GP.


Proof of Mitigation Purchase. Before an authorization is approved, the Department must have proof of purchase of wetland mitigation bank credit, in-lieu fee credit purchase, or cash payment of the correct in-lieu amount.


Long-Term Protection of Mitigation Sites Required. The mitigation site shall be protected in perpetuity pursuant to OAR 141-085-0695 (Administrative Protection of CM Sites), using an instrument approved by the Department. There must be no wetland impacts until the approved instrument is fully executed.


Post-Construction Report Required. For restore and manage sites, a post-construction report demonstrating as-built conditions and discussing any variation from the approved plan must be provided to the Department within 90 days of mitigation site grading. The post-construction report must include:


A scaled drawing, accurate to 6-inch elevation, showing the finished contours of the mitigation site;


A narrative that describes any deviation from the approved mitigation plan; and


A copy of the fully executed long-term protection instrument.


Term of Monitoring; Annual Monitoring Reports Required. The permittee must monitor the mitigation site to determine whether the mitigation site is meeting performance standards for a minimum period of five growing seasons after completion of all initial plantings, and longer if necessary, until the standards have been met for three consecutive non-drought years. Annual monitoring reports are required; however, if a drought year occurs within these timelines, that year may be deferred and the regular monitoring must resume the next non-drought year.


Annual Monitoring Report Due Date. Annual monitoring reports are due by December 31st of each year.


Extension of the Monitoring Period. The monitoring period may be extended, at the discretion of the Department, for failure to provide monitoring reports, failure of the mitigation site to meet performance standards for three consecutive non-drought years or when needed to evaluate re-planting or other corrective or remedial actions.


Release of Mitigation Obligation. Mitigation monitoring is required until the Department has officially released the site from further monitoring.


Failure to Submit Monitoring Reports. Failure to submit the monitoring report by the due date may result in an extension of the monitoring period, forfeiture of the financial security and/or enforcement action.


Contents of the Annual Monitoring Report. The annual monitoring report must include the following information:


Completed Monitoring Report Cover Sheet, which includes permit number, permit holder name, monitoring date, report year, performance standards, and a determination of whether the site is meeting performance standards;


Impact and mitigation site location map(s);


A brief narrative that describes maintenance activities conducted and recommendations for future management to sustain performance standards;


Mitigation site map showing permanent plot locations that correspond to the data collected and fixed photo-points;


Data collected to support the conclusions related to the status of the site relative to all the performance standards listed in this permit (include a summary and analysis in the report and raw data in the appendix);


Photos from fixed photo points (include in the appendix);


Other information necessary to document compliance with the performance standards listed in this permit;


A post-construction functional assessment by the end of the monitoring period; and


For “Restore and Manage” projects, a delineation must be conducted one time within the first five years, during spring of a year with normal precipitation patterns.


Corrective Action May Be Required. The Department retains the authority to require corrective action in the event the performance standards are not accomplished at any time within the monitoring period.


Monitoring Methods. The mitigation site must be monitored according to the monitoring methods described in the Vernal Pool General Permit Mitigation Performance Standards and Monitoring Methods, available on the Department’s Web site.


Performance Standards. Authorizations issued under this GP shall include the performance standards listed in the Vernal Pool General Permit Mitigation Performance Standards and Monitoring Methods, available on the Department’s Web site. Alternative performance standards may be approved, if they are based on monitoring data from appropriate reference sites and they meet the following goals:


The goal of the hydrology and topography standards is to restore and sustain the natural range of extent, depth and duration of water, and topography of vernal pools.


The goal of the vegetation standards is to restore and maintain plant communities dominated by native species typical of least-disturbed reference site vernal pool wetlands and surrounding uplands.


The goal for listed and rare species is to sustain or increase local populations.

Source: Rule 141-093-0215 — Jackson County Vernal Pools - Specific Conditions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=141-093-0215.

Agency Process and Standards for Establishing General Permits
Project Applicability
Application Requirements and Completeness Review for Authorizing Projects under a General Permit
Completeness and Eligibility Review for Authorizing Projects under a GP
Public Review Process for Authorizing Projects under a GP
Department Determinations and Considerations in Evaluating Applications to Authorize Projects under a GP
Expiration and Annual Billing
Appeal Process for Authorizations Issued under General Permits
General Conditions
Transportation-Related Structures - Purpose
Transportation-Related Structures - Eligibility Requirements
Transportation-Related Structures - GP-Specific Application Requirements for Authorizing Projects
Transportation-Related Structures - Authorized Activities
Transportation-Related Structures - GP-Specific Conditions
Minor Removal-Fill Impacts - Purpose
Minor Removal-Fill Impacts - Eligibility Requirements
Minor Removal-Fill Impacts - Compensatory Wetland Mitigation
Minor Removal-Fill Impacts - Authorized Activities
Minor Removal-Fill Impacts - GP-Specific Conditions
Jackson County Vernal Pools - Purpose
Jackson County Vernal Pools - Expiration
Jackson County Vernal Pools - Review Process for Authorizing Projects
Jackson County Vernal Pools - Definitions
Jackson County Vernal Pools - Eligibility Requirements
Jackson County Vernal Pools - Mitigation
Jackson County Vernal Pools - Specific Application Requirements
Jackson County Vernal Pools - Specific Conditions
Maintenance Drainage - Purpose
Maintenance Drainage - Eligibility Requirements
Maintenance Drainage - Specific Application Requirements
Maintenance Drainage - Authorized Activities
Maintenance Drainage - Specific Conditions
Maintenance Drainage - Fees
Maintenance Dredging - Purpose
Maintenance Dredging - Definitions
Maintenance Dredging - Eligibility Requirements
Maintenance Dredging - Specific Application Requirements
Maintenance Dredging - Authorized Activities
Maintenance Dredging - Specific Conditions
Maintenance Dredging - Term and Reporting
Certain Ocean Renewable Energy Facilities - GP-Purpose
Certain Ocean Renewable Energy Facilities - GP-Definitions
Certain Ocean Renewable Energy Facilities - GP-Eligibility Requirements
Certain Ocean Renewable Energy Facilities - GP-Specific Application Requirements
Certain Ocean Renewable Energy Facilities - GP-Authorized Activities
Certain Ocean Renewable Energy Facilities - GP- Specific Conditions
Last Updated

Jun. 8, 2021

Rule 141-093-0215’s source at or​.us