Or. Admin. R. 350-082-0470

Current through Register Vol. 63, No. 8, August 1, 2024

Section 350-082-0470 - Disposal Sites for Spoil Materials from Public Road Maintenance Activities

(1) Disposal sites for spoil materials from public road maintenance activities may be allowed where authorized in specified land use designations and consistent with the guidelines in sections (2) through (4) below.

(2) Application Requirements. In addition to other applicable requirements, land use applications for disposal sites shall include the same information that applicants are required to submit for expansion of existing quarries and exploration, development (extraction and excavation), and production of mineral resources in the GMA, including, but not limited to:

(a) A reclamation plan that provides at a minimum the following information:

(A) A map of the site, at a scale of one inch equals 200 feet (1:2,400) or a scale providing greater detail, with 10-foot contour intervals or less, showing pre-reclamation existing grades and post-reclamation final grades; locations of topsoil stockpiles for eventual reclamation use; location of catch basins or similar drainage and erosion control features employed for the duration of the use; and the location of storage, processing, and equipment areas employed for the duration of the use;

(B) Cross-sectional drawings of the site showing pre- reclamation and post- reclamation grades;

(C) Descriptions of the proposed use, in terms of estimated quantity and type of material removed, estimated duration of the use, processing activities, etc.;

(D) Description of drainage and erosion control features to be employed for the duration of the use; and

(E) A landscaping plan providing for revegetation consistent with the vegetation patterns of the subject landscape setting, indicating the species, number, size, and location of plantings for the final reclaimed grade, as well as a description of irrigation provisions or other measures necessary to ensure the survival of plantings.

(b) Perspective drawings of the site as visible from key viewing areas as specified in 350-082-0500(6)(f).

(c) Cultural resource reconnaissance and historic surveys consistent with 350-082-0620(2)(c) and 350-082-0620(2)(d). Disposal sites shall be considered a "large-scale use."

(d) Field surveys to identify sensitive wildlife sites and rare plants consistent with 350-082-0650(2) and 350-0820660(2).

(3) Siting Standard. The proposed disposal site shall only be approved if the applicant demonstrates it is not practicable to locate the disposal site outside the National Scenic Area or inside an urban area. At a minimum, the applicant shall submit a feasibility and suitability analysis that compares the proposed disposal site to existing or potential disposal sites located both outside the National Scenic Area and inside an urban area.

(4) Scenic Resource Standards. Disposal sites shall comply with the same scenic resources protection standards as expansion of existing quarries and exploration, development (extraction and excavation), and production of mineral resources in the GMA, including, but not limited to:

(a) Sites more than four miles from the nearest key viewing area shall be visually subordinate as visible from any key viewing area, according to 350-082-0500(1). An interim period to achieve compliance with this requirement shall be established before approval. The period shall be based on site-specific topographic and visual conditions, but shall not exceed three years beyond the start of on-the-ground activities.

(b) Sites less than four miles from the nearest key viewing area shall be fully screened from any key viewing area, according to 350-082-0500(2). An interim period to achieve compliance with this requirement shall be established before approval. The period shall be based on site-specific topographic and visual conditions, but shall not exceed one year beyond the start of on-the-ground activities. Disposal activity occurring before achieving compliance with full screening requirements shall be limited to activities necessary to provide such screening (creation of berms, etc.).

(c) Reclamation plans shall restore the site to a natural appearance that blends with and emulates natural landforms and vegetation patterns characteristic to the landscape setting to the maximum extent practicable.

Or. Admin. R. 350-082-0470

CRGC 1-2022, adopt filed 03/02/2022, effective 5/1/2022

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c), 16 USC § 544f(l)

Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c), 16 USC § 544f(l)