Or. Admin. Code § 632-038-0030

Current through Register Vol. 63, No. 12, December 1, 2024

Section 632-038-0030 - Qualifying Reclamation Practices

A reclamation practice may be considered for an incentive under OAR 632-038-0050 if it meets one or more of the following criteria:

(1) Concurrent or final reclamation that enhances habitat for threatened or endangered species or species of special concern. The establishment of vegetation or habitat shall be identified by Oregon Department of Fish and Wildlife or the Oregon Department of Agriculture as beneficial to the species. The vegetation or habitat must meet cover and production targets for the reclamation to qualify.

(2) Visual screening that provides sound and dust attenuation, uses concurrent native reclamation, blends in with the surrounding area and is approved by the department.

(3) Establishment of an on-site or local seed collection, transplant, and/or cutting plan for native vegetation. The plan should include maps and text identifying where and how plant materials shall be collected and a schedule identifying dates for implementing the plan.

(4) Post-mining contour maps at a scale approved by the department and committed to by the operator that show detailed final reclamation contours and include complex slope configurations and a backfilling and compaction plan (if applicable) designed to reduce erosion, enhance revegetation success and blend in with the surrounding area.

(5) Any site that receives Oregon Department of Fish and Wildlife district biologist sign-off that the reclamation plan will provide significant enhanced habitat for anadromous fish, or state or federally listed threatened or endangered species.

(6) Any site that receives Oregon Department of Fish and Wildlife district biologist or habitat conservation division sign-off that the reclamation plan will substantially improve habitat over the pre-mine condition for avian or terrestrial wildlife or watershed health.

(7) Any site that receives Oregon Department of Fish and Wildlife or Oregon Department of Parks and Recreation sign-off that the reclamation plan will substantially improve recreational opportuntities for the public. The opportunities include but are not limited to educational study areas, interpretive centers, hunting and fishing opportunities, or campgrounds in urban, suburban and rural areas.

(8) Any site operating within areas designated as prime farmlands by the Oregon Department of Agriculture that provides for no net loss of prime farmlands.

(9) Reclamation of orphaned sites that meet or exceed current program standards.

(10) Establishment of test plots or similar research oriented projects accepted by the department that are designed to demonstrate effective reclamation techniques that have broad industry utility and likely will lead to higher quality reclamation.

(11) Creation of, or participation in, a voluntary program that enhances fish or wildlife habitat at a site unaffected by mining.

(12) Creation of, or participation in, a voluntary program that provides educational opportunities to primary or secondary school students.

(13) Innovative planning or reclamation coordinated with and endorsed by the local land use planning agency that significantly enhances the site.

(14) Voluntary reclamation of abandoned sites or exempt sites.

(15) Voluntary establishment or maintenance of a stream side riparian vegetation buffer which is wider than required and enhances fish and wildlife habitat or watershed health.

Or. Admin. Code § 632-038-0030

GMI 1-1995, f. & cert. ef. 1-5-95

Stat. Auth.: ORS 517.840(1)(E)

Stats. Implemented: ORS 517.840(1)(E)