OAR 345-022-0070: Threatened and Endangered Species

T o i ss ue a si te ce r ti f i cate, t he C o u n c i l, af t e r c o n s u l t a t io n w i t h a p pr o p r i a te s t a te ag e n c ies, m ust f i n d t ha t : (1) F or p l a nt s p ec i es t hat t he O re go n D epa r t m ent of A g r i c u lt ure has l is t e d as th r ea t en e d or e nd a ng ered u n der O RS 5 6 4 . 1 0 5 ( 2), t he de si gn, c o n s t r uc ti on a n d o p era ti on of t he p r o p os e d f a c i l i t y , tak in g i n t o ac c o u n t m iti g a t i o n: (a) A re c o n si st e n t w i t h t he p r o te c t io n a n d c o n se r v a t io n p r o gra m , if an y , th a t t he O reg o n D e part m ent o f A gri c u l t ure has a do pt e d u n der O RS 5 6 4 . 1 0 5 ( 3 ) ; or (b) If t he O r e g on D e p art m ent of A gri c u l t u r e h a s n ot a d o p t e d a p r ot e c ti on a n d c o nse r v a t i o n p r o gra m , are n o t li kely to c a u se a si g n if i c a nt r e d uc t i o n i n t he l i k e l ih o o d of s u r v i v a l or r ec o ve r y of t h e s pe c ie s. (2) F or w i ld li f e s pe c i es t h a t t he O r e g o n F i sh a n d W il d li f e Co mm issi o n h as l i s t ed a s th r ea t en e d or e nd a ng ered u n der O RS 4 9 6 . 1 7 2 ( 2), t he de si gn, c o n s t r uc ti on a n d o p era ti on of t he p r o p os e d f a c i l i t y , tak in g i n t o ac c o u n t m iti g a t i o n, are no t l i k ely to ca u se a si g n i f ic a nt r e d u c t i o n i n the l i k e l ih o o d o f s u r v i v a l or r ec o v ery of the s p ec i es. (3) To assist the Council in determining whether the standard outlined in (1) through (2) has been met , the Applicant must submit information about threatened and endangered plant and animal species that may be affected by the proposed facility, providing evidence to support a finding by the Council as required by OAR 345-022-0070. The applicant must include: (a) Based on appropriate literature and field study, identification of all threatened or endangered species listed under ORS 496.172(2) and ORS 564.105(2) that may be affected by the proposed facility; (b) For each species identified under (a), a description of the nature, extent, locations and timing of its occurrence in the analysis area and how the facility might adversely affect it; (c) For each species identified under (a), a description of measures proposed by the applicant, if any, to avoid or reduce adverse impact; (d) For each plant species identified under (a), a description of how the proposed facility, including any mitigation measures, complies with the protection and conservation program, if any, that the Oregon Department of Agriculture has adopted under ORS 564.105(3); (e) For each plant species identified under paragraph (a), if the Oregon Department of Agriculture has not adopted a protection and conservation program under ORS 564.105(3), a description of significant potential impacts of the proposed facility on the continued existence of the species and on the critical habitat of such species and evidence that the proposed facility, including any mitigation measures, is not likely to cause a significant reduction in the likelihood of survival or recovery of the species; (f) For each animal species identified under (a), a description of significant potential impacts of the proposed facility on the continued existence of such species and on the critical habitat of such species and evidence that the proposed facility, including any mitigation measures, is not likely to cause a significant reduction in the likelihood of survival or recovery of the species; and (g) The applicant’s proposed monitoring program, if any, for impacts to threatened and endangered species.