Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 420 - CHEMICAL PROCESS MINING CONSOLIDATED APPLICATION AND PERMIT REVIEW STANDARDS › Section 635-420-0020 - Wildlife Protection Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(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.