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Oregon Bulletin

December 1, 2011

 

Oregon Watershed Enhancement Board
Chapter 695

Rule Caption: Immediate rule updates necessary to implement SB 342 and administer ongoing grant programs.

Adm. Order No.: OWEB 1-2011

Filed with Sec. of State: 10-18-2011

Certified to be Effective: 10-18-11

Notice Publication Date: 8-1-2011

Rules Amended: 695-010-0030, 695-010-0060, 695-015-0030, 695-030-0060, 695-035-0010, 695-035-0050, 695-035-0060

Subject: The administrative rule amendments adopted by the Oregon Watershed Enhancement Board update administrative rules directly affected by the passage of Ballot Measure 76 (November 2010) and its ongoing legislation, Senate Bill 342 (2011). These immediate updates were necessary to ensure a smooth transition for ongoing programs for the 2011–2013 biennium. OWEB changed the name of the Watershed Improvement Grant Fund in five rules to the Watershed Conservation Grant Fund. OWEB also amended two Small Grant Program rules containing a deleted statutory reference and updated a Restoration Grant Program rule to math the amended statutory language.

Rules Coordinator: Melissa Leoni—(503) 986-0179

695-010-0030

Watershed Restoration Priorities

For grant applications to be funded by the Watershed Conservation Grant Fund, the following preferences will apply:

(1) Projects that address altered watershed functions affecting water quality, water flow volume and duration, and the production capacity for fish over projects that address site-specific land use problems where the greatest benefit is to a private resource or land.

(2) Projects that include removal or remediation of human-caused alterations (roads, culverts, channelization, etc.) to improve water quality and/or fish habitat over projects that enhance naturally functioning systems.

(3) Projects that change land management practices to address the causes of chronic disturbances to the watershed over projects that address only symptoms of disturbance.

(4) Projects with direct evidence of collaboration between stakeholders and agencies over single-party projects.

(5) Projects focusing on upslope and upstream treatments over projects focusing on downslope and downstream treatments, unless the project addresses tidal-driven systems or addresses other specific issues (e.g. historic losses) that encompass whole watershed conditions.

Stat. Auth.: ORS 541.396

Stats. Implemented: ORS 541.351 - 541.401

Hist.: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05; OWEB 1-2011, f. & cert. ef. 10-18-11

695-010-0060

Evaluation Criteria

(1) Project applications will be reviewed for compliance with the items in OAR 695-005-0030 and 695-010-0050.

(2) Watershed restoration projects funded from the Watershed Conservation Grant Fund must provide a public benefit by supporting improved:

(a) Water quality;

(b) Native fish or wildlife habitat; or

(c) Watershed or ecosystem function.

(3) Watershed restoration project proposals must meet the following criteria to be considered for funding by the Board:

(a) The project demonstrates sound principles of watershed management;

(b) The project uses methods adapted to the project locale;

(c) The project complies with state land use planning goals and is compatible with acknowledged comprehensive plans as required under ORS 197.180; and

(d) The project meets the requirements in the Oregon Aquatic Habitat Restoration and Enhancement Guide.

(4) Watershed restoration projects meeting the criteria established by subsection (1) above will be further evaluated on the basis of the extent to which the project:

(a) Is based on a watershed assessment or other analytical tool that identifies specific watershed health problems;

(b) Is part of a watershed action plan or other strategic plan that prioritizes subwatersheds or project types within subwatersheds;

(c) Clearly defines and addresses a watershed health problem or known limiting factors;

(d) Has clearly stated objectives and is likely to meet these;

(e) Will be implemented using a clearly defined method to address the problem;

(f) Provides educational opportunities or promotes public awareness of watershed enhancement benefits;

(g) Fits within the context of past and planned future restoration efforts in the watershed;

(h) Improves watershed function;

(i) Treats the causes of the identified problems, rather than treating symptoms;

(j) Encourages the use of non structural methods to enhance riparian areas and associated uplands;

(k) Includes funds or in-kind services from non-Board sources;

(l) Is proposed in the context of fish and wildlife species life stages, upland conditions and year-round watershed functions;

(m) Takes into consideration the quality of the watershed above and below the project area;

(n) Takes into consideration known potential future events that may affect the success of the project;

(o) Takes into consideration potential impacts to other properties and streams in the area;

(p) Is ready to be implemented; and

(q) Identifies and evaluates alternatives to address the identified problem.

(5) Watershed restoration projects shall also be evaluated based on the following administrative and fiscal criteria:

(a) The amount of the administrative costs relative to the project’s fiscal management complexity;

(b) The applicant’s past grant record with regard to timely project completeness, accounting and reporting as well as whether past projects were completed as proposed, using information provided by Board staff;

(c) The extent to which the personnel costs reflect the tasks involved in implementing the project;

(d) Whether the direct costs and match values reflect local market rates; and

(e) Whether the overall budget reflects the expected watershed health benefit.

Stat. Auth.: ORS 541.396

Stats. Implemented: ORS 541.351 - 541.401

Hist.: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05; OWEB 1-2011, f. & cert. ef. 10-18-11

695-015-0030

Education and Outreach Priorities

For grant applications to be funded by the Watershed Conservation Grant Fund, the following preference shall apply: Watershed and riparian education projects that provide education and awareness about watershed processes for landowners over projects that create curriculum materials.

Stat. Auth.: ORS 541.396

Stats. Implemented: ORS 541.351 - 541.401

Hist.: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05; OWEB 1-2011, f. & cert. ef. 10-18-11

695-030-0060

Assessment and Action Plan Priorities

For grant applications to be funded by the Watershed Conservation Grant Fund, the following preferences will apply:

(1) Watershed assessment projects that address whole basin conditions to focus restoration needs over single-function research projects; and

(2) Projects developed from a watershed-level assessment and analysis of conditions that includes an action plan for restoration or enhancement of watershed functions.

Stat. Auth.: ORS 541.396

Stats. Implemented: ORS 541.351 - 541.401

Hist.: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05; OWEB 1-2011, f. & cert. ef. 10-18-11

695-035-0010

Small Grant Program

(1) The Oregon Watershed Enhancement Board (OWEB) may provide funding for a locally administered Small Grant Program from its Watershed Conservation Grant Fund. Funds may be allocated for the Small Grant Program in amounts and at times decided by the Board.

(2) The goals of the Small Grant Program are to:

(a) Support implementation of the Oregon Plan for Salmon and Watersheds.

(b) Support projects designed to improve water quality, water quantity, and fish and wildlife habitat. Such projects include, but are not limited to, those developed to address Total Maximum Daily Loads (TMDLs), Agricultural Water Quality Management Area Plans, urban nonpoint source pollution management plans, and the Board of Forestry’s Forestry Program for Oregon.

(c) Make funds available to local Small Grant Teams to address local priority resource concerns, habitat values, and watershed functions.

(d) Encourage landowner participation in watershed improvement by making funds available more quickly than is possible through OWEB’s Regular Grant Program.

(e) Treat the source of watershed health problems through technically sound projects that use proven techniques from one of the approved sources listed in OAR 695-035-0030(3), and that demonstrate benefits to aquatic species, wildlife, or watershed health across all land uses.

(f) Encourage partnerships among watershed councils, soil and water conservation districts (SWCDs), and tribes.

Stat. Auth.: ORS 541.396

Stats. Implemented: ORS 541.351 - 541.401

Hist.: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05; OWEB 3-2005, f. & cert. ef. 6-8-05; OWEB 1-2011, f. & cert. ef. 10-18-11

695-035-0050

Eligible Small Grant Projects

(1) The Small Grant Program will fund only those projects that:

(a) Demonstrate in the Small Grant Project application a clear watershed benefit to aquatic species, wildlife, or watershed health.

(b) Are consistent with the local Small Grant Team’s priority watershed concerns, as identified in their program grant agreements with OWEB.

(c) Adhere to OWEB administrative rules, OAR 695-005-0010–695-005-0060 and 695-050-0010–695-050-0050.

(d) Implement a project to restore, enhance, or protect native fish or wildlife habitat, watershed or ecosystem functions, or water quality.

(e) Are implemented in a manner consistent with the Oregon Aquatic Habitat Restoration and Enhancement Guide.

(f) Use and clearly identify in the small grant application technical guidance from at least one of the approved sources in OAR 695-035-0030(3), and cite in the application the practice code(s), or the page number and paragraph, for the technical guidance source listed.

(g) Where applicable, have been approved for technical sufficiency by the appropriate state agency, or by the appropriate tribal government for projects on Tribal Trust Lands.

(2) Small Grant Projects to be completed in phases on the same property are eligible for Small Grant Project funding, provided only one phase is submitted for funding consideration per OWEB fiscal year, and provided all phases occur at different locations on the property. In general, OWEB encourages multi-phased project applications to be submitted through the OWEB Regular Grant Program.

(3) Teams must select from the following list when identifying priority watershed concerns for their Small Grant Area:

(a) Instream Process and Function;

(b) Fish Passage;

(c) Urban Impact Reduction;

(d) Riparian Process and Function;

(e) Wetland Process and Function;

(f) Upland Process and Function;

(g) Water Quantity and Quality/Irrigation Efficiency;

(h) Road Impact Reduction.

(4) The following project types are eligible for funding. Teams are encouraged to be strategic in identifying eligible project types in an effort to better support salmon recovery objectives and Agricultural Water Quality Management Area Plans. Teams may petition OWEB to allow project types not appearing on the list, as described in OAR 695-035-0020(9)(c).

(a) Instream Process and Function.

(A) Improve Instream Habitat: place large wood, boulders, or salmon carcasses;

(B) Manage Erosion: bioengineer stream banks, slope stream banks, or develop water gaps, streambank barbs;

(C) Eradicate or Control Exotic Aquatic Species.

(b) Fish Passage.

(A) Remove Irrigation or Push-Up Dams: install alternatives (e.g., infiltration galleries, point-of-diversion transfers) or convert from gravity diversion to pumps;

(B) Remove and/or Replace Culverts (as a condition of funding, such projects require ODFW or ODF technical review and approval, or tribal government review and approval for projects on Tribal Trust Lands, using a standard OWEB form; and for culverts under state roads, a 50 percent ODOT match);

(C) Remove or Replace Stream Crossings (as a condition of funding, such projects require ODFW or ODF technical review and approval, or tribal government review and approval for projects on Tribal Trust Lands, using a standard OWEB form).

(c) Urban Impact Reduction.

(A) Install Stormwater Runoff Treatments (e.g., create bioswales, pervious surfaces, native plant buffers, green roofs);

(B) Create Off-Channel Flood Storage;

(C) Employ Integrated Pest Management.

(d) Riparian Process and Function.

(A) Manage Nutrient and Sediment Inputs through managed grazing (e.g., fencing and developing off-channel watering) and plantings;

(B) Manage Vegetation: plant or seed native riparian species, propagate native riparian plants, or control weeds in conjunction with a restoration project;

(C) Employ Integrated Pest Management.

(e) Wetland Process and Function.

(A) Manage Nutrient and Sediment Inputs: fence out livestock or develop alternative watering sites;

(B) Manage Vegetation: control weeds (in conjunction with a restoration project), or plant native wetland species;

(C) Restore Wetlands: excavate or remove fill, or eliminate drainage structures;

(D) Employ Integrated Pest Management.

(f) Upland Process and Function.

(A) Manage Erosion on Agricultural Lands: terrace land; employ laser leveling; create windbreaks; install water and sediment control basins (WASCBs); develop filter strips/grassed waterways; manage mud (e.g., gravel high-use areas, develop paddocks); seed bare areas (OWEB may require a grazing management plan, if appropriate, prior to release of funds. For post-fire areas, seed only where natural regeneration is unlikely — e.g., on slopes of 30 percent or more — or where it can be demonstrated that seeding would retard or prevent the spread of noxious weeds); or reduce tillage.

(B) Manage Nutrient and Sediment Inputs to Streams through the management of grazing, vegetation cover, animal waste, or irrigation runoff.

(C) Manage Vegetation: prescribed burning, except when conducted as part of a commercial harvest; non-commercial thinning; control/remove juniper (except late-seral/old growth); plant or seed (native upland species or native beneficial mixes preferred); or control weeds (in conjunction with a restoration project). Projects for prescribed burning to reduce fuel loads require ODF technical review and approval, or tribal government review and approval for projects on Tribal Trust Lands, using a standard OWEB form.

(D) Manage Wildlife: install water guzzlers.

(E) Employ Integrated Pest Management.

(g) Water Quantity and Quality/Irrigation Efficiency.

(A) Recharge Groundwater: roof water harvesting;

(B) Implement Irrigation Practices (e.g., pipe existing ditch, install drip or sprinkler systems, install automated soil moisture sensors where water and electrical savings can be documented, or recover or eliminate tail water). Such projects must either not adversely impact the current level of groundwater in a Groundwater Management Area, or must measurably reduce the diversion of water at the point of diversion. As a condition of funding, irrigation efficiency projects require local watermaster technical review and approval, or tribal government review and approval for projects on Tribal Trust Lands, using a standard OWEB form.

(h) Private Road Impact Reduction.

(A) Decommission Roads;

(B) Improve Surface Drainage: surface road drainage improvements, gravel surfacing, stream crossings.

Stat. Auth.: ORS 541.396

Stats. Implemented: ORS 541.351 - 541.401

Hist.: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05; OWEB 3-2005, f. & cert. ef. 6-8-05; OWEB 1-2011, f. & cert. ef. 10-18-11

695-035-0060

Ineligible Small Grant Projects

(1) The Small Grant Program will not fund projects that:

(a) Do not demonstrate a clear watershed benefit to aquatic species, wildlife, or watershed health.

(b) Are not consistent with the local Small Grant Team’s priority watershed concerns, as identified in their program grant agreements with OWEB.

(c) Do not adhere to OWEB administrative rules: OAR 695-005-0010–695-005-0060, 695-035-0010–695-035-0070, and 695-050-0010–695-050-0050.

(d) Do not implement a project to restore, enhance, or protect native fish or wildlife habitat, watershed or ecosystem functions, or water quality.

(e) Do not use and clearly identify in the small grant application technical guidance and standards from one of the approved sources listed in OAR 695-035-0030(3).

(f) Are at the same location as, and are identical to, projects that have already been funded, are currently being funded, or are currently being considered for funding through either the Small Grant Program or the OWEB Regular Grant Program.

(2) The following project types are ineligible for funding through the Small Grant Program:

(a) Project planning and design not done in conjunction with the implementation of funded restoration or enhancement activities.

(b) Routine maintenance.

(c) Trash removal.

(d) Fish screens and trash racks.

(e) Tide gate removal, replacement, or installation.

(f) Constructed stream bank armoring.

(g) Development of off-channel watering systems not done in conjunction with fencing a riparian area or managing nutrient and sediment inputs in upland areas.

(h) Pond cleaning and pond creation (does not include off-channel watering systems and pump-back systems).

(i) Residential landscaping not done in conjunction with the implementation of funded riparian restoration or enhancement activities.

(j) Weed control not done in conjunction with the implementation of funded restoration or enhancement activities.

(k) Projects required as a condition of a local, state, or federal permit, order, or enforcement action (e.g., mitigation projects, manure storage and management projects that are required by a permit from ODA).

(l) Irrigation practices that adversely impact the current level of groundwater in a Groundwater Management Area, or do not measurably reduce the diversion of water at the point of diversion.

(m) Irrigation water conservation projects that propose any of the following activities:

(A) Irrigation system maintenance or renovation of existing pipe.

(B) Restoring a system that has deteriorated due to lack of maintenance and/or inadequate design.

(C) Portable pipe (does not include gated pipe) or ditch cleaning.

(D) Electrical costs resulting from conversion to pump from flood irrigation.

(n) Western juniper management that involves the removal of late-seral/old growth juniper.

(o) Reforestation or tree planting on lands following a commercial harvest.

(p) Prescribed burning when conducted as part of a commercial operation.

(q) Commercial thinning.

Stat. Auth.: ORS 541.396

Stats. Implemented: ORS 541.351 - 541.401

Hist.: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05; OWEB 3-2005, f. & cert. ef. 6-8-05; OWEB 1-2011, f. & cert. ef. 10-18-11

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

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