• Abstract and Figures
• Public Full-text

Appendices Appendix A. Implementing Agreement......................................................................................A-1 Appendix B. River Reach Lengths by Watershed ...................................................................... B-1 Appendix C. Current and Historical Distribution of the Covered Species in the Sandy River Basin Watershed............................................................................................................................... C-1 Appendix D. EDT Information Structure ....................................................................................D-1 Appendix E. Offsite Habitat Effects Tables ................................................................................. E-1 Appendix F. Monitoring and Research Protocols .......................................................................F-1 Appendix G. Temperature Management Plan for the Lower Bull Run River........................G-1 Appendix H. Methodology to Assess Impact of the Long-term Climate Changes on Bull Run River Streamflow..............................................................................................................................H-1 Appendix I. Timeline of Bull Run Water Supply Habitat Conservation Plan Projected Costs in 2008 Dollars ....................................................................................................................................I-1 Appendix J. The Life Cycle of Salmonids ......................................................................................J-1 Appendix K. Data Source Information for Maps........................................................................ K-1 Appendix L. References ................................................................................................................. L-1 Appendix M. Changes or Additions to HCP After Fall 2007 Public Review Draft .............. M-1 Appendix A. Implementing Agreement IMPLEMENTING AGREEMENT by and between CITY OF PORTLAND, OREGON, WATER BUREAU and NATIONAL MARINE FISHERIES SERVICE TO ESTABLISH A MITIGATION PROGRAM FOR ENDANGERED AND THREATENED SPECIES AT THE CITY OF PORTLAND’S BULL RUN WATER SUPPLY FACILITIES, MULTNOMAH AND CLACKAMAS COUNTIES, OREGON This Implementing Agreement (“Agreement”), made and entered into as of the _____ day of ____________, 2008, by and among the City of Portland, Oregon, Water Bureau (hereinafter Portland) and the National Marine Fisheries Service (NMFS) (the Service), hereinafter collectively called the “Parties,” defines the Parties’ roles and responsibilities and provides a common understanding of action that will be undertaken to minimize and mitigate the effects on the subject listed and unlisted species and their habitats of the City of Portland’s water supply operations in the Bull Run Watershed and the Sandy River Basin. 1.0 RECITALS AND PURPOSES 1.1 RECITALS: This Agreement is entered into with regard to the following facts: WHEREAS, The Bull Run Watershed, including those portions that are owned by the City, has been determined to provide, or potentially provide, habitat for a variety of species of fish and wildlife that pursuant to the Endangered Species Act, are listed as threatened, or are candidates for such listing, or are otherwise considered species of concern. These species are identified in Table 3.1 of the Habitat Conservation Plan that is the subject of this agreement, attached hereto as Exhibit 1; and, WHEREAS, Portland, with technical assistance from the Sandy River Basin Partners (which includes the Service, the U.S. Fish and Wildlife Service, the United States Forest Service, and the Oregon Department of Fish and Wildlife) , has developed a series of measures, described in the Habitat Conservation Plan, to minimize and mitigate the effects of the covered activities associated with the Bull Run water supply operations upon the subject listed and unlisted species and their associated habitats. Appendix A Implementing Agreement A-1 Bull Run Water Supply Habitat Conservation Plan 1.2 PURPOSES: The purposes of this Agreement are: 1.2.1 To ensure implementation of each of the terms of the HCP; 1.2.2 To describe remedies and recourse should any Party fail to perform its obligations, responsibilities, and tasks as set forth in this Agreement; and, 1.2.3 To provide assurances to Portland that as long as the terms of the HCP and the Permit issued pursuant to the HCP and this Agreement are fully and faithfully performed, no additional mitigation will be required except as provided for in this Agreement or required by law. 2.0 DEFINITIONS: The following terms as used in this Agreement shall have the meanings set forth below: 2.1 “Permit” or ITP shall mean the incidental take permit issued by the Service to Portland pursuant to Section 10(a)(1)(B) of the Endangered Species Act (ESA). 2.2 “Conservation Plan” or “HCP” shall mean the Habitat Conservation Plan prepared for the Bull Run Watershed water supply operations. 2.3 “Covered lands” shall mean those lands listed as “covered lands” in the HCP, that is, including lands and facilities associated with and/or potentially affected by covered activities located within the hydrologic boundary of the Sandy River Basin in Clackamas and Multnomah Counties, Oregon, as depicted in Figure 2-1 of the HCP. 2.4 “Permittee” shall mean the City of Portland Water Bureau, hereinafter referred to either as Portland or the Permittee. 2.5 “Covered species” shall mean species adequately covered in the HCP and identified in Table 3.1 of the HCP and Exhibit 1 of this Agreement. 2.6 “Covered activities” shall mean those activities described as covered activities in the HCP, that is, City activities associated with covered lands and facilities to the extent they affect covered species, including operation, maintenance and repair of the water system; implementation of habitat conservation, research, and monitoring; and incidental land management related to the water system and HCP implementation. 2.7 “Covered facilities” shall mean those facilities listed as “covered facilities” in the HCP, that is, facilities owned, operated, and/or used by the City as part of the Bull Run water supply system within the hydrologic boundary of the Sandy River Basin to the extent these facilities are affected by the covered activities. Appendix A Implementing Agreement A-2 Bull Run Water Supply Habitat Conservation Plan 2.8 “Changed circumstances” means only those circumstances described in Chapter 10 of the HCP which fall into three general categories: climate change, change in status of habitat, and change in status of a species. 2.9 “Unforeseen circumstances” means any significant, unanticipated adverse change in the status of species addressed under the HCP or in their habitats; or any significant unanticipated adverse change in impacts of the project or in other factors upon which the HCP is based. The term “unforeseen circumstances” as defined in this Agreement is intended to have the same meaning as in the Service’s No Surprises policy. 2.10 “Force Majeure” means events that are beyond the reasonable control of, and that did not occur through the fault or negligence of, Portland or any entity controlled by Portland, including its contractors and subcontractors to the extent they are carrying out authorized activities, that wholly or partially prevent the City from performing obligations under the HCP and this Agreement. Force Majeure events include but are not limited to acts of God, sudden actions of the elements, or actions of local, state, or federal agencies or courts. Force Majeure does not include circumstances described as “changed circumstances” in the HCP. 2.11 Terms defined in Endangered Species Act. Terms used in this agreement that are specifically defined in the ESA, in regulations adopted by the Service under the ESA, or the “no surprises policy,” shall have the same meaning as in the ESA, those implementing regulations, and that policy, unless this agreement expressly provides otherwise. 3.0 INCORPORATION OF HCP The HCP and each of its provisions are intended to be, and by this reference are, incorporated herein. In the event of any direct contradiction between the terms of this Agreement and the HCP, the terms of this Agreement shall control. In all other cases, the terms of this Agreement and the terms of the HCP shall be interpreted to be supplementary to each other. 4.0 LEGAL REQUIREMENTS In order to fulfill the requirements that will allow the Service to issue the Permit, the HCP sets forth measures that are intended to ensure that any take associated with covered activities on covered lands or at covered facilities will be incidental; that the impacts of the take will, to the maximum extent practicable, be minimized and mitigated; that procedures to deal with changed circumstances will be provided; that adequate funding for the HCP will be provided; and that the take will not appreciably reduce the likelihood of the survival and recovery of the covered species in the wild. It also includes measures that have been suggested by the Service as being necessary or appropriate for purposes of the HCP. 5.0 TERM Appendix A Implementing Agreement A-3 Bull Run Water Supply Habitat Conservation Plan This Agreement shall become effective on the date that the Service issues the Permit requested in the HCP and shall remain in full force and effect for a period of 50 years or until termination of the Permit, whichever occurs sooner. 6.0 FUNDING Portland will provide such funds as may be necessary to carry

Load more

  196

Copy Link