Oregon Statewide Planning Goal 16, dealing with estuarine resources,
requires that actions which would potentially alter the estuarine
ecosystem must be preceded by an assessment of potential impacts.
The impact assessment need not be lengthy and complex, but it should
enable reviewers to gain a clear understanding of the impacts expected.
The following uses and activities, in addition to those so indicated
in the aquatic zones, all require an impact assessment at the time
a permit is reviewed:
A.
New
dredging;
B.
Aquatic
area fill;
C.
In-water
structures;
D.
Riprap;
E.
New
in-water log storage areas;
F.
Water
intake pipes;
G.
In-water
dredged material disposal;
H.
Beach
nourishment;
I.
Other
uses or activities which could affect estuarine physical or biological
resources; and
J.
Uses
or activities that require a resource capability determination.
Information needed to complete the impact assessment may be
obtained from sources other than the permit application, such as a
Federal Environmental Impact Statement. An assessment of impacts of
aquatic area pesticide and herbicide application shall be provided
by the Oregon Department of Agriculture and the Oregon Department
of Environmental Quality. An assessment of the impacts of new point-source
waste water discharges into the Columbia River Estuary will be provided
through the National Pollution Discharge Elimination System (NPDES)
permit program. A complete impact assessment includes the following
information:
A.
Aquatic
life forms and habitat, including information on both the extent of
and impacts on habitat type and use, species present (including threatened
or endangered species), seasonal abundance, sediments, and vegetation.
B.
Shoreland
life forms and habitat, including information on both the extent of
and impacts on habitat type and use, species present, (including threatened
or endangered species), seasonal abundance, soil types and characteristics,
and vegetation present.
C.
Water
quality, including information on sedimentation and turbidity, dissolved
oxygen, biochemical oxygen demand, contaminated sediments, salinity,
water temperatures, and expected changes due to the proposed use or
activity.
D.
Hydraulic
characteristics, including information on water circulation, shoaling
patterns, potential for erosion or accretion in adjacent areas, changes
in flood levels, flushing capacity, and water flow rates.
E.
Air
quality, including information on quantities of particulates and expected
airborne pollutants.
F.
Public
access to the estuary and shoreline, including information on proximity
to publicly-owned shorelands and public street ends; effect on public
boat launches, marinas and docks; and impact on inventoried public
access opportunities.
G.
Navigation,
including information on distance from navigation channels, turning
basins and anchorages; proximity to range markers.
H.
Demonstration
that proposed structures or devices are properly engineered.
I.
Demonstration
that the project's potential public benefits will equal or exceed
expected adverse impacts.
J.
Demonstration
that non-water dependent uses will not preempt existing or future
water-dependent utilization of the area.
Based on the information and analysis in Section 16.164.030, one of the following four conclusions shall be reached:
A.
The
proposed uses and activities do not represent a potential degradation
or reduction of estuarine resource.
B.
The
proposed uses and activities represent a potential degradation or
reduction of estuarine resources. The impact assessment identifies
reasonable alterations or conditions that will eliminate or minimize
to an acceptable level expected adverse impacts.
C.
The
proposed uses and activities will result in unacceptable losses. The
proposed development represents irreversible changes and actions and
unacceptable degradation or reduction of estuarine resource properties
will result.
D.
Available
information is insufficient for predicting and evaluating potential
impacts. More information is needed before the project can be approved.
Some uses and activities may only be approved when consistent
with the resource capabilities of the area and the purposes of the
zone. This section describes procedures for making this determination.
A completed resource capability determination consists of the following
elements:
A.
Identification
of the affected area's zone, and its purpose.
B.
Identification
of the types and extent of estuarine resources present and expected
adverse impacts. This information is included in the impact assessment.
C.
A
determination of whether the use or activity is consistent with the
resource capabilities of the affected zone. A use or activity is consistent
with the resource capabilities of the area when either:
1.
Impacts on estuarine resources are not significant; or
2.
Resources of the area will be able to assimilate the use and activity
and their effects and continue to function in a manner which:
a.
In natural aquatic zones, protects significant wildlife habitats,
natural biological productivity, and values for scientific research
and education; or
b.
In conservation aquatic zones, conserves long-term use of renewable
resources, natural biological productivity, recreation and aesthetic
values and aquaculture.
3.
For temporary alterations, the resource capability determination
must also include:
D.
Determining
Consistency with the Purpose of the Zone. Certain uses in the Aquatic
Development (A-1), Aquatic Conservation (A-2), and Aquatic Natural
(A-3) Zones may be permitted only if they are consistent with the
purpose of the aquatic zone in which they occur. This determination
is made as follows:
