From: Alice Cannon

Sent: Fri Jun 05 14:38:30 2020

To: Dan Huff; Gerald Fisher

Subject: FW: Follow-up from our meeting yesterday

Importance: Normal

Attachments: image993587.JPG; image1fe36e.PNG;

Just sharing. Better not to respond in email. I am assuming you aren’t wearing your glasses.

From: Ilene M. Munk <imunk@foleymansfield.com>

Sent: Friday, June 5, 2020 2:34 PM

To: Alice Cannon <acannon@cityofmolalla.com>

Cc: Dan Zinder <dzinder@cityofmolalla.com>

Subject: RE: Follow-up from our meeting yesterday

Alice.

Thanks for your email. Unfortunately without knowing what it is you shared with DSL and the extent of EPA’s rulemaking signed this week and other 9^th circuit rulings, on DSL’s analysis of the questions you put before them, it is difficult for me to follow what point you are trying to make. (Although I do appreciate the bold type and large font. My old eyes welcome it after a day of smaller and smaller computer images. J)

Have a good weekend.

Ilene M. Munk

From: Alice Cannon [mailto:acannon@cityofmolalla.com]

Sent: Friday, June 05, 2020 2:06 PM

To: Ilene M. Munk

Cc: Dan Zinder

Subject: Follow-up from our meeting yesterday

Good afternoon Ms. Munk:

Thank you for the meeting yesterday. We followed up with DSL about the new rules relating to WOTUS. This is the response we received from DSL. If you have questions about information provided here, please reach out to Ms. Brown at DSL.

Regards,

Alice Cannon

_______________________________________________

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

Sent: Friday, June 5, 2020 11:53 AM

To: STEVENSON Christine <christine.stevenson@state.or.us>; Dan Zinder <dzinder@cityofmolalla.com>

Cc: HUFFMAN Anita <anita.huffman@state.or.us>

Subject: RE: Question Regarding Isolated Wetlands Identified in Local Inventories

Hi Dan,

Thanks for the great questions.

The new rule still determines the extent of Waters of the United States (“WOTUS”). This change effects only the extent of the federal Clean Water Act and the regulatory authority of the US Army Corps of Engineers on wetlands and waters. The change does not effect the extent of waters of this state, WOS. This means that this applicant may not need a federal permit to do this project. The applicant should discuss that with the Corps. The area as represented on the DSL approved delineation map(s) and stated in the approval letter is jurisdictional under the State of Oregon Removal-Fill law and may or may not need a state permit depending upon particulars of the project.*

Once a delineation expires it continues to be the best information available and refines** the information contained in the Local Wetlands Inventory. However, the delineation is no longer valid for permitting. If conditions have not changed on site, that is no disturbance has taken place, then the delineation may be reissued within one year, either side, of the expiration date. This is accomplished by submitting a report similar to, but an abbreviated form of, the delineation report as outlined in OAR. Once approved by DSL this reissuance extends the validity of the delineation findings for another five years.

The Local Wetlands Inventory is a document created for compliance with Oregon Statewide Planning Goal 5. It is in compliance with State Law and is not a jurisdictional determination at either state or federal levels, but is an approved and valid representation of the presence and extent of wetlands and waters at a comprehensive level of accuracy. Once approved by DSL an LWI may be used for Goal 5, becomes part of the Statewide Wetlands Inventory and provides greater accuracy than provided in the National Wetlands Inventory.

*The applicant may get a determination if the project needs a permit for the project by submitting the particulars in a number of ways. If the applicant has provided complete details of the project to your office within an application to your department than the Wetland Land Use Notice *may* be able to determine if a permit is needed or not, but not always. The other method is for the applicant to submit a Joint Permit Application to DSL. If upon review DSL finds that the project does not require a state permit DSL will issue a “No Permit Required” letter. Again, this is a separate process from federal CWA permitting via the Corps.

**The relationship between DSL approved delineations and DSL approved LWIs is clarified in rule:

141-086-0230 Revisions

(5) Refinements to the location, extent, and/or absence of wetlands mapped on the LWI, as identified by a Department-approved wetland delineation or a Department wetland determination report, may be made at any time through an administerial process, by annotating the approved LWI or by creating a separate geospatial dataset containing the boundary adjustments, preserving the approved LWI mapping.

Please let me know if there are further questions,

Stay home, stay healthy,

Jevra Brown, Aquatic Resource Planner

The Department of State Lands is taking precautions to help prevent the spread of COVID-19.

I am currently teleworking with access to email, the office phone is forwarded to my cell phone.

I’m looking forward to conversing with you! 

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

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

jevra.brown@dsl.state.or.us 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