April 2012

 Side-by-side comparison of definitions: Justin Russell, OSU (HANDOUT)

 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)

 How many permits take over 120 days to process? Individual Permits between January 11, 2010 and December 29, 2011: Number Percent of Total Individual Permits Total Individual Permits388 Total Extended Permits6216% NumberPercent of Extended Permits Total Extended Permits62 Extension requested by applicant or consultant5080% Authorized4064% Still on Extension1931%

 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

 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

 Resource Protection: WETLAND PLANNING TOOLS  Wetland Land Use Notices ◦ Total # Notices Completed Per Fiscal Year Total Total # Completed

 Resource Protection: WETLAND PLANNING TOOLS ◦ Wetland Delineations Completed Per Calendar Year ◦ Wetland Determinations Completed Per Calendar Year Total # of wetland delineation reports reviewed by DSL staff Total # completed for Total # of wetland determinations done by DSL staff Total # completed for

 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:  Wetland Regulatory Compliance in the Willamette Valley, Oregon: 1982 to 1994  The Wetland and Land Use Change in the Willamette Valley, Oregon:

 Resource protection: ENFORCEMENTS Cases Opened between July 1, 2006 and June 30, 2011 Number Percent of Total Cases Opened Number of cases opened820 Confirmed violations36144% Cases still under investigation344%

 Resource protection: ENFORCEMENTS Types of violations between July 1, 2006 and June 30, 2011 Number Percent of Total Violations Total violations361 Permit-related violations7922% Mitigation related5916% General permit conditions206% Unauthorized Activities28178% Wetland11240% Non-wetland waters12544% Tidal waters*197% Wetland, non-wetland and tidal258% Non-Compliance with an enforcement order1<1%

 Resource Protection: JURISDICTION OF ISOLATED WATERS ◦ Isolated wetlands include closed systems found in Eastern Oregon. Examples:  Summer Lake  Alvord Lake  Wetlands surrounding Whitehorse Creek

 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: