DOCSLIB.ORG

443 Part 13 [Reserved]

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
443 Part 13 [Reserved] Office of the Secretary, USDA § 12.2 PART 12—HIGHLY ERODIBLE LAND (b) Purpose. The purpose of the provi- CONSERVATION AND WETLAND sions of this part are to remove certain CONSERVATION incentives for persons to produce agri- cultural commodities on highly erod- Subpart A—General Provisions ible land or converted wetland and to thereby— Sec. (1) Reduce soil loss due to wind and 12.1 General. water erosion; 12.2 Definitions. 12.3 Applicability. (2) Protect the Nation’s long-term ca- 12.4 Determination of ineligibility. pability to produce food and fiber; 12.5 Exemption. (3) Reduce sedimentation and im- 12.6 Administration. prove water quality; and 12.7 Certification of compliance. (4) Assist in preserving the values, 12.8 Affiliated persons. 12.9 Landlords and tenants. acreage, and functions of the Nation’s 12.10 Scheme or device. wetlands. 12.11 Action based upon advice or action of [61 FR 47025, Sept. 6, 1996, as amended at 76 USDA. FR 82077, Dec. 30, 2011] 12.12 Appeals. 12.13 Special Federal crop insurance pre- mium subsidy provisions. § 12.2 Definitions. (a) General. The following definitions Subpart B—Highly Erodible Land shall be applicable for the purposes of Conservation this part: 12.20 NRCS responsibilities regarding high- Agricultural commodity means any ly erodible land. crop planted and produced by annual 12.21 Identification of highly erodible lands tilling of the soil, including tilling by criteria. one-trip planters, or sugarcane. 12.22 Highly erodible field determination criteria. Approved insurance provider means a 12.23 Conservation plans and conservation private insurance company that has systems. been approved and reinsured by FCIC to provide insurance coverage to per- Subpart C—Wetland Conservation sons participating in programs author- 12.30 NRCS responsibilities regarding wet- ized by the Federal Crop Insurance Act, lands. as amended (7 U.S.C. 1501–1524). 12.31 Wetland identification procedures. Best drained condition means the hy- 12.32 Converted wetland identification cri- drologic conditions with respect to teria. depth, duration, frequency, and timing 12.33 Use of wetland and converted wetland. of soil saturation or inundation result- AUTHORITY: 16 U.S.C. 3801, 3811–12, 3812a, ing from drainage manipulations that 3813–3814, and 3821–3824. occurred prior to December 23, 1985, SOURCE: 61 FR 47025, Sept. 6, 1996, unless and that exist during the wet portion otherwise noted. of the growing season during normal climatic conditions. Subpart A—General Provisions CCC means the Commodity Credit Corporation, a wholly-owned govern- § 12.1 General. ment corporation within USDA orga- (a) Scope. This part sets forth the nized under the provisions of 15 U.S.C. terms and conditions under which a 714 et seq. person who produces an agricultural Conservation District (CD) means a commodity on highly erodible land or subdivision of a State or local govern- designates such land for conservation ment organized pursuant to the appli- use, plants an agricultural commodity cable law to develop and implement on a converted wetland, or converts a soil and water conservation activities wetland shall be determined to be in- or programs. eligible for certain benefits provided by Conservation plan means the docu- the United States Department of Agri- ment that— culture (USDA) and agencies and in- (1) Applies to highly erodible crop- strumentalities of USDA. land; 413 VerDate Sep<11>2014 11:21 Jul 09, 2021 Jkt 253012 PO 00000 Frm 00423 Fmt 8010 Sfmt 8010 Y:\SGML\253012.XXX 253012 spaschal on DSKJM0X7X2PROD with CFR § 12.2 7 CFR Subtitle A (1–1–21 Edition) (2) Describes the conservation system Enhancement actions include new ca- applicable to the highly erodible crop- pabilities, management options, struc- land and describes the decisions of the tures, or other actions to influence one person with respect to location, land or several functions and values. use, tillage systems, and conservation Erodibility index means a numerical treatment measures and schedules; and value that expresses the potential (3) Is approved by the local soil con- erodibility of a soil in relation to its servation district in consultation with soil loss tolerance value without con- the local committees established under sideration of applied conservation section 8(b)(5) of the Soil Conservation practices or management. and Domestic Allotment Act (16 U.S.C. FCIC means the Federal Crop Insur- 590h(b)(5)) and the Natural Resources ance Corporation, a wholly owned cor- Conservation Service (NRCS) for pur- poration within USDA whose programs poses of compliance with this part. are administered by RMA. Conservation system means a combina- FSA means the Farm Service Agency, tion of one or more conservation meas- an agency of USDA which is generally ures or management practices that responsible for administering com- are— modity production adjustment and cer- (1) Based on local resource condi- tain conservation programs of USDA. tions, available conservation tech- Field means a part of a farm that is nology, and the standards and guide- separated from the balance of the farm lines contained in the NRCS field office by permanent boundaries such as technical guides (available from NRCS fences, roads, permanent waterways, or State offices); and other similar features. At the option of (2) Designed for purposes of this part the owner or operator of the farm, to achieve, in a cost-effective and tech- croplines may also be used to delineate nically practicable manner, a substan- a field if farming practices make it tial reduction in soil erosion or a sub- probable that the croplines are not sub- stantial improvement in soil condi- ject to change. Any highly erodible tions on a field or group of fields con- land on which an agricultural com- taining highly erodible cropland when modity is produced after December 23, compared to the level of erosion or soil 1985, and is not exempt under § 12.5(a), conditions that existed before the ap- shall be considered part of the field in plication of the conservation measures which the land was included on Decem- and management practices. ber 23, 1985, unless, to carry out this Conservation use or set aside means title, the owner and FSA agree to mod- cropland that is designated as con- ify the boundaries of the field. servation-use acreage, set aside, or Highly erodible land means land that other similar designation for the pur- has an erodibility index of 8 or more. pose of fulfilling provisions under any Hydric soils means soils that, in an acreage-limitation or land-diversion undrained condition, are saturated, program administered by the Secretary flooded, or ponded long enough during of Agriculture requiring that the pro- a growing season to develop an anaer- ducer devote a specified acreage to con- obic condition that supports the servation or other non-crop production growth and regeneration of uses. hydrophytic vegetation. Creation of a wetland means the devel- Hydrophytic vegetation means plants opment of the hydrologic, geochemical, growing in water or in a substrate that and biological components necessary is at least periodically deficient in oxy- to support and maintain a wetland gen during a growing season as a result where a wetland did not previously of excessive water content. exist. Any wetland established on a Landlord means a person who rents or non-hydric soil will be considered a leases farmland to another person. created wetland. Local FSA office means the county of- Department means the United States fice of the Farm Service Agency serv- Department of Agriculture (USDA). ing the county or a combination of Enhancement of a wetland means the counties in the area in which a person’s alteration of an existing wetland to in- land is located for administrative pur- crease its specific functions and values. poses. 414 VerDate Sep<11>2014 11:21 Jul 09, 2021 Jkt 253012 PO 00000 Frm 00424 Fmt 8010 Sfmt 8010 Y:\SGML\253012.XXX 253012 spaschal on DSKJM0X7X2PROD with CFR Office of the Secretary, USDA § 12.2 NIFA means the National Institute of Restoration of a wetland means the re- Food and Agriculture, an agency of establishment of wetland conditions, USDA which is generally responsible including hydrologic condition or na- for coordinating the information and tive hydrophytic vegetation, to an area educational programs of USDA. where a wetland had previously ex- Normal climatic conditions means the isted. normal range of hydrologic inputs on a RMA means the Risk Management site as determined by the bounds pro- Agency, an agency within USDA that vided in the Climate Analysis for Wet- administers the programs of the FCIC lands Tables or methods posted in the through which Federally reinsured Field Office Technical Guide. crop insurance is provided to American NRCS means the Natural Resources farmers and ranchers. Conservation Service, an agency within USDA which is generally responsible Secretary means the Secretary of for providing technical assistance in USDA. matters of natural resources conserva- Sharecropper means a person who per- tion and for administering certain con- forms work in connection with the pro- servation programs of USDA. duction of a crop under the supervision Operator means the person who is in of the operator and who receives a general control of the farming oper- share of such crop for such labor. ations on the farm during the crop Soil map unit means an area of the year. landscape shown on a soil map which Owner means a person who is deter- consists of one or more soils. mined to have legal ownership of farm- State means each of the 50 states, the land and shall include a person who is District of Columbia, the Common- purchasing farmland under contract. wealth of Puerto Rico, Guam, the Vir- Person means an individual, partner- gin Islands of the United States, Amer- ship, association, corporation, coopera- ican Samoa, the Commonwealth of the tive, estate, trust, joint venture, joint Northern Mariana Islands, or the Trust operation, or other business enterprise Territory of the Pacific Islands.
Load more

Recommended publications
  • Wetland Conservation Strategies
    11/15/2010 Wally Akins TWRA/NRCS Private Lands Biologist 1 The “Farm Bill” Congressional legislation passed every 5 to 7 years that provides framework and guidance for USDA commodity support, conservation programs, emergency/disaster programs, and other agriculture/food-related programs. Includes intended budget, but actual appropriations decided annually (usually late in federal fiscal year) 2008 Farm Bill = “Food, Conservation, and Energy Act of 2008” 2 Farm Service Agency (FSA) • Conservation Reserve Program (CRP) – 32 million acres nationwide; ~235,000 acres in TN • Also handles commodity programs, and emergency and disaster payments to farmers Natural Resources Conservation Service (NRCS) • EEinvironmental QQliuality Incenti ves Program (EQIP) • Wildlife Habitat Incentives Program (WHIP) • Wetlands Reserve Program (WRP) • Grassland Reserve Program (GRP) • Conservation Stewardship Program (CSP) • Farm & Ranchland Protection Program (FRPP) 3 1 11/15/2010 Tennessee Wildlife Resources Agency Farm Wildlife Habitat Program Landowner Incentives Program U.S. Fish & Wildlife Service Partners for Fish & Wildlife – T&E, at-risk species in all habitats Tennessee Division of Forestry Forest Stewardship Plan Development TWRA, NRCS and Ducks Unlimited Tennessee Partners Project - wetlands 4 Wetlands Reserve Program (WRP) WRP provides an opportunity for lldandowners to receive financial incentives to restore, protect, and enhance wetlands in exchange for retiring marginal land from agriculture. 5 On average, only 5% of the lower 48 states is wetlands and other shallow aquatic habitats. Wetland abundance varies by region: <1% of CA, NV, AZ, NM, UT, KS, MT, and WV Approx. 30% of FL and LA 45% of AK 6 2 11/15/2010 Since the late 1700s, >50% of U.S.
    [Show full text]
  • Water Quantity Management Goals
    CHAPTER TWO: NFCRWD WATER PLANNING ISSUES This chapter of the NFCRWD Overall Plan identifies the District’s key water planning issues and assesses what resources are available to properly address them. The chapter is broken down into sections corresponding with the District’s four main goal areas: surface and drainage water management (Section A); reducing priority pollutants (Section B); and improving stakeholder participation (Section C) and raising public awareness (also Section C). Section A: Drainage and Surface Water Management (Goal Area 1 in Chapter Three) Drainage Work Group In 2005, the Minnesota Legislature directed the BWSR to conduct an “implementation assessment of public drainage system buffers and their use, maintenance, and benefits”. As part of this assessment, the BWSR convened a Work Group of stakeholders, which met several times over the two-year period, to develop recommendations on how to improve drainage management. The following are the consensus recommendations of the group: o Clarify point of beginning for measuring required ditch buffer strips and width of required buffer strips. o Enhance authority to establish and maintain buffers. o Enhance ditch buffer strip compliance and enforcement. o Enhance establishment of public drainage ditch buffers. o The BWSR should develop and disseminate guidelines for drainage records preservation and modernization. o The Minnesota Public Drainage Manual should be updated, in consultation with the Drainage Work Group, to reflect revisions and clarifications of Minnesota drainage law since 1991. o The Drainage Work Group should continue to develop consensus recommendations to the Legislature, agencies, and other stakeholders for additional drainage issues and topics brought forward by its members.
    [Show full text]
  • Wetland Distribution and Conversion in Southern Ontario
    WETLAND DISTRIBUTION AND CONVERSION IN SOUTHERN ONTARIO WORKING PAPER No. 48 Environment Environnement Canada Canada WETLAND DISTRIBUTION AND CONVERSION IN SOUTHERN ONTARIO Elizabeth A. Snell CANADA LAND USE MONITORING PROGRAM December 1987 Inland Waters and Lands Directorate Working Paper No. 48 Environment Canada Disponible en français sous le titre: Répartition et conversion des milieux humides dans le sud de l'Ontario ABSTRACT Concern over the ongoing conversion of wetlands is growing. Information on the location, extent, and quality of remaining wetlands is needed to assist in developing future policy and management actions aimed at retaining wetland values. In addition, knowledge of wetland conversion rates and trends is important in assessing the current status of wetlands. To date, the availability of such information has been fragmentary and inconsistent. This study used available soil and land use data, supplemented by other information, to map southern Ontario wetlands and wetland conversion on 125 map sheets at a scale of 1:50 000. Analysis has revealed that before 1800, 2.38 million hectares (ha) of wetland were widely distributed throughout southern Ontario. By 1982, 0.93 million ha remained and were more prevalent in the northern parts of the study area. The original wetland area had been reduced by 61% overall, and by 68% south of the Precambrian Shield. Wetland decline since settlement has been most severe in southwestern Ontario where over 90% of the original wetlands have been converted to other uses. Areas in the Niagara Peninsula, along western Lake Ontario and in eastern Ontario have less than 20% of the original wetland area.
    [Show full text]
  • W E Tla N D R Eso U Rce E V a Lu a Tio N a N D Th E N R a 'S R O Le in Its C
    Wetland resource evaluation and the NRA's role in its conservation. Classification of British wetlands Item Type monograph Authors Wheeler, B.D.; Shaw, S.C. Publisher National Rivers Authority Download date 29/09/2021 00:46:56 Link to Item http://hdl.handle.net/1834/27297 W etland Resource Evaluation and the NRA's Role in its Conservation 2. Classification of British Wetlands Environmental Consultancy University of Sheffield R&D Note 378 Further copies of this report are available from: EZS Foundation for Water Research, Allen House, The Listons, Liston Rd, Marlow, Bucks SL7 1FD. Tel: 01628-891589, Fax: 01628-472711 Wetland Resource Evaluation and the NRA's Role in its Conservation 2. Classification of British Wetlands B. D. Wheeler and S. C. Shaw Research Contractor: Environmental Consultancy University of Sheffield Edited by: P. Bradley & C. J. S. Routh National Rivers Authority Manley House Kestrel Way Exeter EX2 7LQ R&D Note 378 Commissioning Organisation: National Rivers Authority Rivers House Waterside Drive Aztec West Tel: (01454) 624400 Bristol BS12 4UD Fax: (01454) 624409 © National Rivers Authority 1995 All rights reserved. No part of this document may be produced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the National Rivers Authority. The views expressed in this document are not necessarily those of the NRA. Its officers, servants or agents accept no liability whatsoever for any loss or damage arising from the interpretation or use of the information, or reliance on views contained herein. Dissemination Status: Internal: Released to Regions External: Public Domain Statement of Use: This document recommends a 'hydrotopographical' classification of British wetlands which should be adopted by the NRA and hopefully other organisations and individuals concerned with wetland resource assessment, management and conservation.
    [Show full text]
  • The SWANCC Decision: Implications for Wetlands and Waterfowl
    The SWANCC Decision: Implications for Wetlands and Waterfowl Final Report September 2001 The SWANCC Decision: Implications for Wetlands and Waterfowl Ducks Unlimited, Inc. National Headquarters Mark Petrie, Ph.D. Jean-Paul Rochon, B.Sc. Great Lakes Atlantic Regional Office Gildo Tori, M.Sc. Great Plains Regional Office Roger Pederson, Ph.D. Southern Regional Office Tom Moorman, Ph.D. Copyright 2001 – No part of this document may be reproduced, in whole or in part, without the expressed written permission of Ducks Unlimited, Inc. EXECUTIVE SUMMARY On January 9, 2001 the U.S. Supreme Court issued a decision, Solid Waste Agency of Northern Cook County (SWANCC) v. United States Army Corps of Engineers. The decision reduces the protection of isolated wetlands under Section 404 of the Clean Water Act (CWA), which assigns the U.S. Army Corps of Engineers (Corps) authority to issue permits for the discharge of dredge or fill material into “waters of the United States.” Prior to the SWANCC decision, the Corps had adopted a regulatory definition of “waters of the U.S.” that afforded federal protection for almost all of the nation’s wetlands. The Supreme Court also concluded that the use of migratory birds to assert jurisdiction over the site exceeded the authority that Congress had granted the Corps under the CWA. The Court interpreted that Corps jurisdiction is restricted to navigable waters, their tributaries, and wetlands that are adjacent to these navigable waterways and tributaries. The decision leaves “isolated” wetlands unprotected by the CWA. These wetlands are very significant to many wildlife populations, especially migratory waterfowl.
    [Show full text]
  • An Introduction and User's Guide to Wetland Restoration, Creation
    An Introduction and User’s Guide to Wetland Restoration, Creation, and Enhancement A Guide for the Public Containing: • Background on wetlands and restoration • Information on project planning, implementation, and monitoring • Lists of resources, contacts, and funding sources Developed by the Interagency Workgroup on Wetland Restoration: National Oceanic and Atmospheric Administration, Environmental Protection Agency, Army Corps of Engineers, Fish and Wildlife Service, and Natural Resources Conservation Service 2003 ACKNOWLEDGMENTS This guide would not have been possible without the contributions of many individuals. The members of the Interagency Workgroup on Wetland Restoration were critical to the document’s development from start to finish: Susan-Marie Stedman, National Oceanic and Atmospheric Administration (NOAA) Fisheries; John McShane, Lynne Trulio, Doreen Vetter, Mary Kentula, and , U.S. Environmental Protection Agency (EPA); Jack Arnold, U.S. Fish and Wildlife Service (FWS); Jeanne Christie, Natural Resources Conservation Service (NRCS) and now with the Association of State Wetland Managers; and Colleen Charles, US Army Corps of Engineers (Corps) and now with the US Geological Survey. The Workgroup would like to acknowledge the members of the Expert/User Review Panel for their practical knowledge and valuable input: Alan P. Ammann, NRCS; Robert P. Brooks, Pennsylvania State University’s Cooperative Wetlands Center; Andre F. Clewell, Society for Ecological Restoration (SER); Donald Falk, SER; Susan Galatowitsch, University of Minnesota; Curtis Hopkins, Ducks Unlimited; Mike Houck, Audubon Society; Michael Josselyn, Tiburon Center for Environmental Studies; Jon Kusler, Association of State Wetland Managers; Julie Middleton and Leah Miller-Graff, Izaak Walton League; Steve Moran, Nebraska Rainwater Basin Coordinator; Richard P. Novitski, RP Novitzki and Associates; Duncan T.
    [Show full text]
  • Federal Wetland Policies and National Trends
    V. Federal Wetland Policies and years. Hoover questioned the expense and overall National Trends public efficiency of these subsidies (Hoover, 1969). The U.S. Department of the Interior conducted a series of studies that exhaustively explored the subsi- Federal wetland policy has evolved over our Nation’s dies’ role in wetland conversion, finding that the sub- history. During the period of settlement and national sidies did promote wetland conversion (USDI, 1988 expansion, incentives for converting wetlands to other and 1994). The Swampbuster provisions of the 1985 uses hastened wetland loss. Direct incentives for con- Food Security Act and changes in the 1986 Tax version remained until late in this century. Gradually, Reform Act largely eliminated indirect government direct and indirect incentives were eliminated and assistance in the form of farm program benefits and policies to conserve wetlands were adopted. With the income tax deductions for wetland conversion adoption of the "no net loss" goal, efforts to conserve (Heimlich and Langner, 1986; Heimlich, 1994). and restore wetlands accelerated. Drainage and Flood Control The Era of Wetland Exploitation Federal involvement in drainage programs dates back In the earliest stages of settlement, farmers bypassed to 1902 when the Bureau of Reclamation was estab- wetlands in favor of dry land with good water and lished to develop irrigation in the West. Drainage was trees. Only toward the end of the 19th century, when required to fully use the new irrigation capacity, pro- easily accessible farmland grew scarce, did farmers viding new Federal involvement in agricultural turn to the previously bypassed wetlands in earnest. drainage programs (USDI, 1988).
    [Show full text]
  • Coastal Wetlands Initiative: Gulf of Mexico Review EPA-843-R-10-005D
    Coastal Wetlands Initiative: Gulf of Mexico Review EPA-843-R-10-005D National Picture oastal wetlands provide important ecosystem services that to unknown or undetermined Care vital to the health and well-being of our nation. They land uses (Figure 1). There were serve as buffers, protecting coastal areas from storm damage also losses of saltwater tidal and sea level rise. They are vital to the health of commercially wetlands to open water (deeper and recreationally important fisheries resources, providing than 2 meters), particularly in Status and Trends of Wetlands food and essential fish and shellfish habitat. Wetlands also the Mid-Atlantic region. The IN THE COASTAL WATERSHEDS OF THE EASTERN UNITED STATES serve as nesting and foraging habitat for birds and other 2008 NOAA and USFWS 1998 to 2004 wildlife. As “living filters,” wetlands improve water quality by Status and Trends report did removing pollutants, nutrients, and sediments. Furthermore, not examine the loss of wetland coastal wetlands provide direct value to people in other ways, condition or function. such as minimizing erosion of upland, protecting property and infrastructure and supporting the tourism, hunting, and In response to these reports, fishing sectors of the economy. EPA established a two-part Coastal Wetlands Initiative. There are a number of threats to coastal areas, in particular The first part is the Coastal Wetlands Team, which is a joint wetland habitats. The most significant threats include conver- effort between NOAA’s National Marine Fisheries Service, sion of wetlands to other land uses and climate change, in Office of Habitat Conservation and EPA’s Wetlands Division particular, sea level rise and increases in hurricane intensity and the Oceans and Coastal Protection Division.
    [Show full text]
  • Hydrogeomorphic Wetland Classification System
    United States Technical Note No. 190–8–76 Department of Agriculture Natural Resources Conservation Service February 2008 Hydrogeomorphic Wetland Classification System: An Overview and Modification to Better Meet the Needs of the Natural Resources Conservation Service Issued February 2008 The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all pro- grams.) Persons with disabilities who require alternative means for commu- nication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW., Washington, DC 20250–9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. Hydrogeomorphic Wetland Classification System: An Overview and Modification to Better Meet the Needs of the Natural Resources Conservation Service Purpose WC provisions was provided if the proposed impacts to the wetland were determined to be minimal. In The hydrogeomorphic (HGM) wetland classification 1990, Congress added the Good Faith exemption if the system was first introduced by Brinson in 1993. To person restores the converted wetland. In 1996, the many wetland scientists, HGM is synonymous with a FSA was amended to allow for an additional exemp- wetland functional assessment approach.
    [Show full text]
  • Highly Erodible Land Conservation and Wetland Conservation
    HIGHLY ERODIBLE LAND CONSERVATION AND WETLAND CONSERVATION Interim Rule Environmental Assessment August 2018 USDA Nondiscrimination Statement The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, family status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at 202-720-2600 (voice and TDD). To file a complaint of discrimination write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call 800-795-3272 (voice) or 202-720-6382 (TDD). USDA is an equal opportunity provider and employer. Table of Contents 1. Introduction ....................................................................................................1 2. Need for Action ..............................................................................................3 3. Alternatives ....................................................................................................3 A. No Action ................................................................................................................
    [Show full text]
  • Permanent Administrative Order Filed 03/28/2019 4:44 Pm Dsl 2-2019 Archives Division Chapter 141 Secretary of State Department of State Lands & Legislative Counsel
    OFFICE OF THE SECRETARY OF STATE ARCHIVES DIVISION DENNIS RICHARDSON MARY BETH HERKERT SECRETARY OF STATE DIRECTOR LESLIE CUMMINGS 800 SUMMER STREET NE DEPUTY SECRETARY OF STATE SALEM, OR 97310 503-373-0701 PERMANENT ADMINISTRATIVE ORDER FILED 03/28/2019 4:44 PM DSL 2-2019 ARCHIVES DIVISION CHAPTER 141 SECRETARY OF STATE DEPARTMENT OF STATE LANDS & LEGISLATIVE COUNSEL FILING CAPTION: Revisions to incorporate changes to compensatory mitigation for unavoidable impacts to waters of this state. EFFECTIVE DATE: 04/01/2019 AGENCY APPROVED DATE: 03/28/2019 CONTACT: Anne Friend 775 Summer Street NE, Suite 100 Filed By: 503-986-5245 Salem,OR 97301 Anne Friend [email protected] Rules Coordinator RULES: 141-085-0510, 141-085-0550, 141-085-0680, 141-085-0685, 141-085-0690, 141-085-0692, 141-085-0694, 141- 085-0695, 141-085-0700, 141-085-0705, 141-085-0710, 141-085-0715, 141-085-0720, 141-085-0725, 141-085- 0730, 141-085-0735, 141-085-0750, 141-085-0755, 141-085-0765, 141-089-0630, 141-093-0141, 141-093-0145, 141-093-0160, 141-093-0165 AMEND: 141-085-0510 RULE TITLE: Definitions NOTICE FILED DATE: 10/29/2018 RULE SUMMARY: Defining Rules RULE TEXT: The following definitions are used in addition to those in ORS 196.600 to 196.990. (1) “Applicant” means a landowner, a person authorized by a landowner to conduct a removal or fill activity, or a person that proposes a removal or fill activity for construction or maintenance of a linear facility. (2) "Aquatic Life and Habitats" means the aquatic environment including all fish, wildlife, amphibians, plants and other biota dependent upon environments created and supported by the waters of this state.
    [Show full text]
  • Soil Indicators of Queensland Wetlands Phase 1: Literature Review and Case Study 8 Summary of fi Ndings
    Soil Indicators of Queensland Wetlands Phase 1: Literature Review and Case Study Soil Indicators of Queensland Wetlands Phase 1: Literature Review and Case Study Authors Sue-Ellen Dear and Terri Svensson This is the fi nal report for the Soil Indicators of Wetlands: Status, Margins and History project (WL NRM 03) of the Queensland Wetlands Programme, a joint initiative of the Australian and Queensland governments. The Queensland Wetlands Programme was established in 2003 to protect and conserve Queensland’s wetlands. Acknowledgements The authors wish to thank Jon Burgess, John Ross, Jon Walton, Mark Sugars and Clinton Duncan of the Department of Natural Resources and Water, and Mike Grundy of CSIRO for their invaluable assistance and contributions towards this project. We also wish to thank Bernie Powell, Daniel Brough and Kelly Bryant for their comments and assistance in reviewing and editing this document. Disclaimer: The views expressed and the conclusions reached in this publication are those of the authors and not necessarily those of the persons consulted. The Queensland and Australian governments shall not be responsible in any way whatsoever to any person who relies in whole or part on the contents of this report. This publication is copyright. However, the Queensland and Australian governments encourage wide dissemination of its contents and research, providing the governments are clearly acknowledged. © The State of Queensland, Department of Natural Resources and Water 2007 This report may be cited as: Soil Indicators of Queensland Wetlands, Phase 1: Literature Review and Case Study, 2007. Enquiries regarding this document should be addressed to: Daniel Brough Department of Natural Resources and Water Block C, 80 Meiers Rd INDOOROOPILLY QLD 4068 Telephone: 07 3896 9333 iii Contents Executive summary ............................................................................................................................................
    [Show full text]