Or. Admin. Code § 350-082-0500

Current through Register Vol. 63, No. 11, November 1, 2024

Section 350-082-0500 - Expansion of Existing Quarries and Exploration, Development, and Production of Mineral Resources

(1) Expansion of existing quarries and exploration, development (extraction and excavation), and production of mineral resources may be allowed where authorized in specified land use designations and consistent with the guidelines in sections (2) through (7) below.

(2) Expansion of existing quarries and exploration, development (extraction and excavation), and production of mineral resources proposed on sites more than four miles from the nearest key viewing areas from which it is visible may be allowed upon a demonstration that:

(a) The site plan requirements have been met.

(b) The area to be mined and the area to be used for primary processing, equipment storage, stockpiling, etc., associated with the use would be visually subordinate as visible from any key viewing areas.

(c) A reclamation plan to restore the site to a natural appearance that blends with and emulates distinctive characteristics of the designated landscape setting to the maximum extent practicable has been approved. At minimum, the reclamation plan shall comply with sections (6) and (7) below.

(d) A written report on a determination of visual subordinance has been completed, with findings addressing the extent of visibility of proposed mining activities from key viewing areas, including:

(A) A list of key viewing areas from which exposed mining surfaces (and associated facilities and activities) would be visible;

(B) An estimate of the surface area of exposed mining surfaces that would be visible from those key viewing areas;

(C) The distance from those key viewing areas and the linear distance along those key viewing areas from which proposed mining surfaces are visible;

(D) The slope and aspect of mining surfaces relative to those portions of key viewing areas from which they are visible;

(E) The degree to which potentially visible mining surfaces are screened from key viewing areas by existing vegetation, including winter screening considerations; and

(F) The degree to which potentially visible mining surfaces would be screened by new plantings, berms, etc., and appropriate time frames to achieve such results, including winter screening considerations.

(3) Unless addressed by section (2) above, exploration, development (extraction and excavation), and production of mineral resources may be allowed upon a demonstration that:

(a) The site plan requirements have been met.

(b) The area to be mined and the area used for primary processing, equipment storage, stockpiling, etc., associated with the use would be fully screened from any key viewing area.

(c) A reclamation plan to restore the area to a natural appearance that blends with and emulates surrounding landforms to the maximum extent practicable has been approved. At minimum, the reclamation plan shall comply with sections (6) and (7) below.

(4) An interim time period to achieve compliance with visual subordinance requirements for expansion of existing quarries and development of new quarries located more than four miles from the nearest key viewing area from which it is visible shall be established before approval. The interim time period shall be based on site-specific topographic and visual conditions, but shall not exceed three years beyond the date of approval.

(5) An interim time period to achieve compliance with full screening requirements for new quarries located less than four miles from the nearest key viewing area from which it is visible shall be established before approval. The interim time period shall be based on site-specific topographic and visual conditions, but shall not exceed one year beyond the date of approval. Quarrying activity occurring before achieving compliance with full screening requirements shall be limited to activities necessary to provide such screening (creation of berms, etc.).

(6) For all exploration, development (extraction and excavation), production of mineral resources and expansion of existing quarries, a reclamation plan is required to restore the site to a natural appearance that blends with and emulates distinctive characteristics inherent to its landscape setting to the maximum extent practicable. At a minimum, such reclamation plans shall include:

(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- mining existing grades and post-mining 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-mining and post-mining 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;

(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; and

(f) If the site is visible from key viewing areas, the applicant shall also submit perspective drawings of the proposed mining areas as visible from applicable key viewing areas.

(7) All reclamation plans for new quarries or expansion of existing quarries shall be sent to the appropriate state reclamation permitting agency for review and comment. The reviewing agency may request technical assistance from state agencies on reclamation plans for proposed mining not within the state agency's jurisdiction. The state agency shall have 30 calendar days from the date a reclamation plan is mailed to submit written comments on the proposal. State agency comments shall address the following:

(a) Whether the proposed mining is subject to state reclamation permit requirements;

(b) If subject to state jurisdiction, whether an application has been received for a state reclamation permit and, if so, the current status of the application; and

(c) For uses subject to state jurisdiction, any issues or concerns regarding consistency with state reclamation requirements, or any suggested modifications to comply with state reclamation requirements.

Or. Admin. Code § 350-082-0500

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)

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