Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0540 - General Management Area Cultural Resource Review Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General
			 Provisions for Implementing the Cultural Resources Protection Process.
(a) All cultural resource surveys,
			 evaluations, assessments, and mitigation plans shall be performed by
			 professionals whose expertise reflects the type of cultural resources that are
			 involved. Principal investigators shall meet the professional standards
			 published in 36 Code of Federal Regulations (CFR) Part 61 and Guidelines for
			 Evaluating and Documenting Traditional Cultural Properties (Parker and King, no
			 date).
(b) Cultural resource
			 surveys, evaluations, assessments, and mitigation plans shall generally be
			 conducted in consultation with Indian tribal governments and any person who
			 submits written comments on a proposed use (interested person). Indian tribal
			 governments shall be consulted if the affected cultural resources are
			 prehistoric or otherwise associated with Native Americans. If the cultural
			 resources are associated with non-Native Americans, such as an historic house
			 or pioneer campsite, the Indian tribal governments do not have to be
			 consulted.
(c) Reconnaissance and
			 Historic Surveys and Survey Reports.
(A)
			 Reconnaissance survey requirements and exceptions.
(i) A reconnaissance survey shall be required
			 for all proposed uses within 500 feet of a known cultural resource, including
			 those uses listed as exceptions in 350-081-0540(1)(c)(A)(ii)  below.
(ii) A reconnaissance survey shall be
			 required for all proposed uses, except:
(I)
			 The modification, expansion, replacement, or reconstruction of existing
			 buildings and structures.
(II)
			 Proposed uses that would not disturb the ground, including land divisions and
			 lot-line adjustments; storage sheds that do not require a foundation;
			 low-intensity recreation uses, such as fishing, hunting, and hiking;
			 installation of surface chemical toilets; hand treatment of brush within
			 established rights-of-way; and new uses of existing structures.
(III) Proposed uses that involve minor ground
			 disturbance, as defined by depth and extent, including repair and maintenance
			 of lawfully constructed and serviceable structures; home gardens; livestock
			 grazing; cultivation that employs minimum tillage techniques, such as
			 replanting pastures using a grassland drill; construction of fences; new
			 utility poles that are installed using an auger, post-hole digger, or similar
			 implement; and placement of mobile homes where septic systems and underground
			 utilities are not involved. The Gorge Commission shall review all land use
			 applications and determine if proposed uses would have a minor ground
			 disturbance.
(IV) Proposed uses
			 that occur on sites that have been disturbed by human activities, provided the
			 proposed uses do not exceed the depth and extent of existing ground
			 disturbance. To qualify for this exception, a project applicant must
			 demonstrate that land-disturbing activities occurred in the project area.
			 Land-disturbing activities include grading and cultivation.
(V) Proposed uses that would occur on sites
			 that have been adequately surveyed in the past. The project applicant must
			 demonstrate that the project area has been adequately surveyed to qualify for
			 this exception. Past surveys must have been conducted by a qualified
			 professional and must include a surface survey and subsurface testing. The
			 nature and extent of any cultural resources in the project area must be
			 adequately documented.
(VI)
			 Proposed uses occurring in areas that have a low probability of containing
			 cultural resources, except:
(aa) Residential
			 development that involves two or more new dwellings for the same project
			 applicant.
(bb) Recreation
			 facilities that contain parking areas for more than 10 cars, overnight camping
			 facilities, boat ramps, and visitor information and environmental education
			 facilities.
(cc) Public
			 transportation facilities that are outside improved rights-of-way.
(dd) Electric facilities, lines, equipment,
			 and appurtenances that are 33 kilovolts or greater.
(ee) Communications, water and sewer, and
			 natural gas transmission (as opposed to distribution) lines, pipes, equipment,
			 and appurtenances. Areas that have a low probability of containing cultural
			 resources shall be identified using the results of reconnaissance surveys
			 conducted by the Gorge Commission, the Forest Service, public agencies, and
			 private archaeologists. The Gorge Commission, after consulting Indian tribal
			 governments and state historic preservation officers, shall prepare and adopt a
			 map showing areas that have a low probability of containing cultural resources.
			 This map shall be adopted within 200 days after the Secretary of Agriculture
			 concurs with the Management Plan. It shall be refined and revised as additional
			 reconnaissance surveys are conducted. Areas shall be added or deleted as
			 warranted. All revisions of this map shall be reviewed and approved by the
			 Gorge Commission.
(B) A historic survey shall be required for
			 all proposed uses that would alter the exterior architectural appearance of
			 buildings and structures that are 50 years old or older, or would compromise
			 features of the surrounding area that are important in defining the historic or
			 architectural character of buildings or structures that are 50 years old or
			 older.
(C) The Gorge Commission
			 shall conduct and pay for all reconnaissance and historic surveys for
			 small-scale uses in the General Management Area. When archaeological resources
			 or traditional cultural properties are discovered, the Gorge Commission also
			 shall identify the approximate boundaries of the resource or property and
			 delineate a reasonable buffer zone. Reconnaissance surveys and buffer zone
			 delineations for large-scale uses shall be the responsibility of the project
			 applicant. For 350-081-0540, large-scale uses include residential development
			 involving two or more new dwellings; all recreation facilities; commercial and
			 industrial development; public transportation facilities; electric facilities,
			 lines, equipment, and appurtenances that are 33 kilovolts or greater; and
			 communications, water and sewer, and natural gas transmission (as opposed to
			 distribution) lines, pipes, equipment, and appurtenances.
(D) Reconnaissance Surveys for Small-Scale
			 Uses. Reconnaissance surveys for small-scale uses shall generally include a
			 surface survey and subsurface testing. They shall meet the following
			 guidelines:
(i) A surface survey of the
			 project area shall be conducted, except for inundated areas and impenetrable
			 thickets.
(ii) Subsurface testing
			 shall be conducted if the surface survey reveals that cultural resources may be
			 present. Subsurface probes shall be placed at intervals sufficient to determine
			 the absence or presence of cultural resources.
(E) Reconnaissance Survey Reports for
			 Small-Scale Uses. The results of a reconnaissance survey for small-scale uses
			 shall be documented in a confidential report that includes:
(i) A description of the fieldwork
			 methodology used to identity cultural resources, including a description of the
			 type and extent of the reconnaissance survey.
(ii) A description of any cultural resources
			 that were discovered in the project area, including a written description and
			 photographs.
(iii) A map that shows
			 the project area, the areas surveyed, the location of subsurface probes, and,
			 if applicable, the approximate boundaries of the affected cultural resources
			 and a reasonable buffer zone.
(F) Reconnaissance Surveys for Large-Scale
			 Uses
(i) Reconnaissance surveys for
			 large-scale uses shall be designed by a qualified professional. A written
			 description of the survey shall be submitted to and approved by the Gorge
			 Commission's designated archaeologist.
(ii) Reconnaissance surveys shall reflect the
			 physical characteristics of the project area and the design and potential
			 effects of the proposed use. They shall meet the following guidelines:
(I) Archival research shall be performed
			 before any field work. It should entail a thorough examination of tax records;
			 historic maps, photographs, and drawings; previous archaeological, historic,
			 and ethnographic research; cultural resource inventories and records maintained
			 by federal, state, and local agencies; and primary historic accounts, such as
			 diaries, journals, letters, and newspapers.
(II) Surface surveys shall include the entire
			 project area, except for inundated areas and impenetrable thickets.
(III) Subsurface probes shall be placed at
			 intervals sufficient to document the presence or absence of cultural
			 resources.
(IV) Archaeological site
			 inventory forms shall be submitted to the State Historic Preservation Officer
			 whenever cultural resources are discovered.
(G) Reconnaissance Survey Reports for
			 Large-Scale Uses
The results of a reconnaissance survey for large-scale uses
				shall be documented in a confidential report that includes:
(i) A description of the proposed use,
			 including drawings and maps.
(ii) A
			 description of the project area, including soils, vegetation, topography,
			 drainage, past alterations, and existing land use.
(iii) A list of the documents and records
			 examined during the archival research and a description of any prehistoric or
			 historic events associated with the project area.
(iv) A description of the fieldwork
			 methodology used to identify cultural resources, including a map that shows the
			 project area, the areas surveyed, and the location of subsurface probes. The
			 map shall be prepared at a scale of 1 inch equals 100 feet (1:1,200), or a
			 scale providing greater detail.
(v)
			 An inventory of the cultural resources that exist in the project area,
			 including a written description, photographs, drawings, and a map. The map
			 shall be prepared at a scale of 1 inch equals 100 feet (1:1,200), or a scale
			 providing greater detail.
(vi) A
			 summary of all written comments submitted by Indian tribal governments and
			 other interested persons.
(vii) A
			 preliminary assessment of whether the proposed use would or would not have an
			 effect on cultural resources. The assessment shall incorporate concerns and
			 recommendations voiced during consultation meetings and information obtained
			 through archival and ethnographic research and field surveys.
(H) Historic Surveys and Reports
(i) Historic surveys shall document the
			 location, form, style, integrity, and physical condition of historic buildings
			 and structures. They shall include original photographs and maps. Archival
			 research, blueprints, and drawings should be used as necessary.
(ii) Historic surveys shall describe any uses
			 that will alter or destroy the exterior architectural appearance of the
			 historic buildings or structures, or compromise features of the site that are
			 important in defining the overall historic character of the historic buildings
			 or structures.
(iii) The project
			 applicant shall provide detailed architectural drawings and building plans that
			 clearly illustrate all proposed alterations.
(d) The responsibility and cost of preparing
			 an evaluation of significance, assessment of effect, or mitigation plan shall
			 be borne by the project applicant, except for resources discovered during
			 construction. The Gorge Commission shall conduct and pay for evaluations of
			 significance and mitigation plans for resources that are discovered during
			 construction of small-scale and large-scale uses.
(e) Cultural resources are significant if one
			 of the following criteria is satisfied:
(A)
			 The cultural resources are included in, or eligible for inclusion in, the
			 National Register of Historic Places. The criteria for evaluating the
			 eligibility of cultural resources for the National Register of Historic Places
			 appear in the "National Register Criteria for Evaluation" (36 CFR
			 60.4).
(B) The cultural resources are determined to
			 be culturally significant by an Indian tribal government, based on criteria
			 developed by that Indian tribal government and filed with the Gorge
			 Commission.
(f) The
			 Gorge Commission shall establish a Cultural Advisory Committee (CAC). The CAC
			 shall comprise cultural resource professionals, interested individuals, and at
			 least one representative from each of the four Indian tribes. If a project
			 applicant's and Indian tribal government's evaluations of significance
			 contradict, the Cultural Advisory Committee (CAC) shall review the applicant's
			 evaluation and Indian tribal government's substantiated concerns. The CAC will
			 submit a recommendation to the Executive Director as to whether affected
			 cultural resources are significant.
(g) Determination of potential effects to
			 significant cultural resources shall include consideration of cumulative
			 effects of proposed developments that are subject to any of the following:
1) a reconnaissance or historic survey;
2) a determination of
			 significance;
3) an assessment of
			 effect; or
4) a mitigation
			 plan.