Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0041 - Nestucca River Scenic Waterway

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Recreational River Areas:
(a) That segment of the Nestucca River Scenic
			 Waterway extending from the downstream end of the reservoir tailrace below
			 McGuire Dam to its confluence with Ginger Creek (approximately RM
			 45.5);
(b) The Department will
			 administer the Recreational Area described in subsection (1)(a) consistent with
			 the purposes of OAR 736-040-0040(1)(c)(B).
			 Within this area, the Department may permit mining operations, timber
			 harvesting, other landscape alteration activities, new structures and
			 improvements only when substantially screened from view from the river and from
			 the boundary of Old Meadow Lake Wetland. The boundary of the Old Meadow Lake
			 Wetland extends to the transition area at the edge of the wetland where hydric
			 soils no longer occur. All landscape alteration activities (i.e., timber
			 management) shall be carried out in this river segment in such a manner as to
			 protect hydrological and biological functions of Old Meadow Lake wetlands.
			 Timber harvest shall be conducted as prescribed by the Oregon Forest Practices
			 Act and associated administrative rules. For other landscape alteration
			 proposals, the project applicant shall provide methods by which hydrological
			 and biological functions will be protected. Developments necessary for public
			 outdoor recreation, as provided by public agencies, and resource protection or
			 enhancement may be visible from the river but must blend into the natural
			 scene;
(c) For purposes relating to
			 notification of intent within the Nestucca River Scenic Waterway, any
			 maintenance, repair or expansion of McGuire Dam and its appurtenances
			 (including pipes and pumping facilities) is exempt from notification review so
			 long as said activity does not extend westerly of the north/south centerline of
			 Section 15, Township 3 South, Range 6 West, Willamette Meridian, Yamhill
			 County;
(d) That segment of the
			 Nestucca River Scenic Waterway extending from the lower end of the Alder Glen
			 Campground to its confluence with Moon Creek (approximately RM 24.5 in
			 Blaine);
(e) The Department will
			 administer the Recreational Area described in subsection (1)(d) consistent with
			 the purposes of OAR 736-040-0040(1)(c)(B).
			 Within this area, the Department may permit mining operations, timber
			 harvesting and other landscape alteration activities only when substantially
			 screened from view from the river by topography or vegetation. If inadequate
			 topographic or vegetative screening exists on a site, landscape alterations may
			 be permitted if vegetation is established which will provide substantial
			 screening of the affected area in a reasonable time (for example 4-5 years).
			 The condition of "substantial vegetative screening" shall consist of an ample
			 density and mixture of native evergreen and deciduous vegetation to totally
			 obscure, or allow only a highly filtered view of, the landscape
			 alteration;
(f) New structures and
			 improvements shall be permitted when partially screened from view from the
			 river by topography or vegetation. If inadequate, topography or vegetative
			 screening exist on a site, the structure or improvement may be permitted if
			 vegetation is established to provide partial screening of the proposed
			 structure or improvement in a reasonable time (for example 4-5
			 years);
(g) The condition of
			 "partial vegetative screening" shall consist of an ample density and mixture of
			 native evergreen and deciduous vegetation to partially obscure (at least
			 one-half of the viewed improvement or structure), or allow a moderately
			 filtered view (at least 50 percent filtering) of, the proposed structure or
			 improvement;
(h) Developments
			 necessary for public outdoor recreation, as provided by public agencies, and
			 resource protection or enhancement may be visible from the river but must blend
			 into the natural scene.