OAR 690-522-0060: Change of Mitigation Water into Mitigation Credits

(1) For mitigation project applications submitted after the adoption of these rules, pursuant to 690-521-0300 (4), any person requesting mitigation credits through completion of a mitigation project, identified in 690-521-0300 (1), shall, in any application associated with the mitigation project, notify the Department that they intend to use the project to establish mitigation credits. For those that do not request to establish mitigation credits under the proposed project, the Department will consult before moving forward. (2) To apply to change mitigation water into mitigation credits a written request must be submitted to the Department no later than December 31, 2021. (3) The written request to change mitigation water generated by a mitigation project into mitigation credits may be submitted to the Department by the permit holder(s) of record or certificate holder(s). The request will include: (a) The application, permit, or certificate number for which the mitigation water was established; (b) The mitigation project number; and (c) Any other information requested by the Department. (4) Provided the written request is consistent with (2) and (3) of this section, the Department may issue an order to approve the change of mitigation water generated by the mitigation project into mitigation credits, consistent with the order approving the mitigation project. The order will: (a) Award mitigation credits in any zone(s) where the mitigation project water is legally protected instream; (b) Assign the awarded mitigation credits to the existing permit or certificate to which the mitigation water was originally assigned and used to satisfy the originating mitigation obligation. (5) After the award and assignment of the mitigation credits, the mitigation water will no longer be valid to meet a mitigation obligation. (6) Approved mitigation credits become subject to the provisions of OAR Chapter 690, Division 521, and OAR Chapter 690, Division 522. Mitigation credits can only be reassigned in accordance with OAR 690-522-0050.