635-420-0020 Wildlife Protection Plan (1) The applicant shall prepare a wildlife protection plan as part of the consolidated application for a chemical process mine in OAR chapter 637, division 037. The plan shall provide sufficient information to demonstrate that the standards for wildlife protection in 635-420-0030 have been met. (2) On the date the consolidated application is submitted to DOGAMI, the applicant shall provide one copy of the wildlife protection plan and all information incorporated into the plan by reference to each Department representative on the Project Coordinating Committee and the Technical Review Team. (3) The Department, or a third party contractor hired by the Department, shall review the wildlife protection plan and shall notify DOGAMI and the applicant in writing of any amendments which are necessary for compliance with the standards for wildlife protection in OAR 635-420-0030. (4) The wildlife protection plan shall: (a) Provide a site plan drawn to scale showing the location of all chemical processing solutions and associated wastewaters; (b) Describe the method which shall be used to apply chemical processing solutions to heap leach pads, and the measures which shall be taken to preclude ponding or other conditions which could lead to the ingestion of or exposure to chemical processing solutions by wildlife. These measures shall be selected based on factors which include, but are not limited to, the application rate of chemical processing solutions, and the characteristics of the ore; (c) Identify the chemical processing solutions and associated wastewaters which shall be contained or covered and fenced to preclude access by wildlife, and provide design drawings, construction specifications and other information necessary to demonstrate compliance with the standards in OAR 635-420-0040 and 635-420-0050. If alternatives to the materials or construction methods in 635-420-0040 and 635-420-0050 are proposed, information shall be provided to demonstrate that the proposed alternatives provide equivalent or better strength, durability and protection for wildlife; (d) Identify any wastewaters which will not be contained or covered and fenced to preclude access by wildlife, and provide the following information: (A) A description of the chemical composition of the wastewaters; (B) A description of the methods which shall be used to maintain the wastewaters in a condition which is not harmful to wildlife; (C) Current scientific data which is well-documented and verifiable to demonstrate that the chemical composition of the wastewaters will not be harmful to wildlife. (e) A program for ongoing and constant monitoring and maintenance of wildlife protection measures, including a schedule of activities and the job title of the person or persons responsible for the monitoring program; (f) A plan for minimizing vehicular and public impact on wildlife: (A) The plan shall provide for permanent closures of new roads which were developed to provide access to or to serve the mining operation upon cessation of operations and shall provide for temporary closures of such roads during temporary or seasonal shutdowns; (B) The plan shall identify wildlife migration and movement corridors within the study area, and shall identify methods to avoid or minimize vehicular and public impacts on wildlife; (C) Additional measures to avoid or minimize vehicular and public impact on wildlife shall be required if, in the judgment of the Department, such measures are necessary due to the number of employees, wildlife concentrations within the area, presence of threatened, endangered, or sensitive species, or other factors. These additional measures may include, but are not limited to: (i) Measures for reducing traffic to and from the mines by mine employees, such as carpooling and vanpooling; (ii) Speed limits on access roads; (iii) Limitations on the use of access roads by the public; (iv) Limitations on the use of access roads by employees for purposes other than access to the mine during working hours. (D) Any controls or limitations on publically owned roads or lands shall be subject to the approval of the appropriate public agency with regulatory authority. (g) A contingency plan to rectify any failures of wildlife protection measures, or to provide additional wildlife protection if necessary during periods of migration, including a description of hazing programs or other temporary or emergency measures which shall be instituted. (5) The wildlife protection plan may avoid duplication by incorporating information included in environmental assessments (EA) or environmental impact statements (EIS) prepared for the proposed chemical process mine, or information included in the consolidated permit application required by DOGAMI. The plan shall identify by source, section and page number the information being relied upon to meet each of the requirements of OAR 635-420-0030 and this division. Statutory/Other Authority: ORS 496.012 & 506.109 Statutes/Other Implemented: ORS 496.012 & 506.109 History: FWC 140-1991, f. & cert. ef. 12-26-91