From: Alice Cannon

Sent: Mon Aug 26 16:27:10 2019

To: Dan Zinder; Dan Huff; Gerald Fisher

Subject: FW: Wetland Land Use Notice and other DSL related notes

Importance: Normal

Attachments: WebConsultantTools2019.pdf;

 

Resource information from DSL. I appreciate Chris Stevenson forwarding my contact information to Jevra Brown. This is helpful information.

Alice

From: BROWN Jevra <jevra.brown@state.or.us>

Sent: Monday, August 26, 2019 4:12 PM

To: Alice Cannon <acannon@cityofmolalla.com>

Subject: Wetland Land Use Notice and other DSL related notes

Hi Alice,

Welcome, congratulations to your new position! You might be feeling like you’re drinking from a firehose right now, so here is some reference material that you can read at your own pace, and my contact information if you have any questions about wetlands and waters regulations. If I don’t know the answer, I’ll do my best to get you to the right person, or agency.

I believe that Chris gave you a brief introduction to the Wetland Land Use Notice (WLUN) process. Whenever you receive an application that includes ground disturbing activities, send DSL a WLUN. Below my signature block I pasted information about where to find the online submittal form, the WLUN statute language, and some guidance about sending the WLUN. Molalla has a Local Wetlands Inventory which is the mapping to use to check to see if a WLUN is needed. These are posted on our website and will soon be available online with the Statewide Wetlands Inventory (SWI) web map. There is a link to the SWI fact sheet in my signature block. We have many resources on our website for people who need to hire a consultant to get wetland delineations or permits, see attached to find them.

LWI webpage https://www.oregon.gov/dsl/WW/Pages/Inventories.aspx

Please call or write whenever you have questions!

Jevra Brown, Aquatic Resource Planner

Planning and Policy Unit, Aquatic Resource Management Program

Department of State Lands

775 Summer St. NE Suite 100, Salem, Oregon, 97301

Office (M-W) 503-986-5297; cell (Th-F) 503-580-3172; fax 503-378-4844

jevra.brown@dsl.state.or.us

Have you heard about the Statewide Wetlands Inventory update? Learn More!

http://www.oregon.gov/DSL/pages/index.aspx

Messages to and from this e-mail address may be available to the public under Oregon Public Record Law.

Wetland land use notice information and process:

When wetlands or waters are near proposed ground disturbing activities, provide DSL with a WLUN per state statutes (ORS 215.418(1) for counties and ORS 227.350(1) for cities).

 

o When completing the online form – NOTE - There is a “save draft” button at the bottom of the form, near the “submit” button. If you get called away from your desk mid-stream (that never happens, right?) remember to save your work!

 

(1) “…application for the following [list of ground disturbing activities] that are wholly or partially within areas identified as wetlands on the State-wide Wetlands Inventory:”

  1. a. “wholly or partially within” – interpret “wholly or partially within” as “near” because of inherent mapping error, especially of the National Wetlands Inventory* (NWI). DSL defers the definition of “near” to local jurisdictions with the caveat that the jurisdiction use one consistent definition, or one definition that represents the estimated level of accuracy for each particular mapping source. (The Statewide Wetlands Inventory update will remove this concern to a large extent by adding the “predominantly hydric soil components” layer. See more below.)
  2. b. “…identified as wetlands…” – interpret as, “…identified as wetlands and waters…” because DSL (and the US Army Corps of Engineers) regulates activities in both wetlands and waters.
  3. c. “Statewide Wetlands Inventory” (SWI) includes wetlands and waters mapped on the NWI, DSL approved Local Wetlands Inventories, and DSL approved wetland delineations or other DSL approved wetlands and waters mapping. It is recognized that many jurisdictions have additional natural resource mapping. At the jurisdiction’s discretion, staff may refer to this mapping for the purpose of WLUN in addition to the SWI.

 

*Note: The NWI does not map most farmed wetlands and has inherent mapping error – see the webpage above for more information.

 

DSL is currently developing an online interactive mapper of the SWI. You’ll be hearing from me again when this is closer to being launched in 2019. For more information: https://www.oregon.gov/dsl/WW/Documents/ARM_SWI_FAQ_fin.pdf

The DSL response to the WLUN is sent to the planner and to the applicant so that we are all on the same page regarding the next steps for the applicant with regard to DSL related regulations. This helps the applicant know how to contact DSL if they have questions about the requirements. It also supplies a paper trail for you to support that your office did make the applicant aware of DSL requirements.

To access information about planning, Goal 5, wetlands inventories and Wetland Land Use Notice (WLUN):

From the home page click on Waterways and Wetlands, Planning and Conservation https://www.oregon.gov/dsl/WW/Pages/WetlandConservation.aspx

Is a member of the public asking for wetland information for a particular property, not associated with an application to planning? They can request a free determination. The request form is on the same page under “Assistance for Landowners” Wetland Determination Request Form

We have several items to help people find consultants on our website SWS Pacific Northwest Consultant list , Wetland Delineation Consultants Summary , Wetlands in Oregon

Check the review status of wetland delineation reports and removal-fill applications: https://lands.dsl.state.or.us

Would you like more information about the wetland land use notice process? About DSL jurisdiction and regulatory program? Want to know more about wetlands inventory which ones to use?

Call or write, and I will also be glad to visit your office for longer conversations.