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Sand Removal Planning & Management Considerations ForThe Oregon Coast 4: 1'- A Oregon Coastal Zone Management Association, Inc. GB 631.13 .07 This report was prepared as part of a larger document addressing various beach and dune planning and management considerations and techniques. Other segments of the document and additional materials are: I. BACKGROUND ON BEACH AND DUNE PLANNING: Background of the Study An Introduction to Beach and Dune Physical and Biological Processes Beach and Dune Planning and Management on the Oregon Coast: A Summary of the State-of-the-Arts II. BEACH AND DUNE IDENTIFICATION: A System of Classifying and Identifying Oregonfs Coastal Beaches and Dunes III. PHYSICAL AND BIOLOGICAL CONSIDERATIONS: Physical Processes and Geologic Hazards on-the Oregon Coast Critical Species and Habitats of Oregon's Coastal Beaches and Dunes IV. MANAGEMENT CONSIDERATIONS: Dune Groundtoater Planning and Management Considerations for the Oregon Coast Off-road Vehicle Planning and Management on the Oregon Coast Sand Removal Planning and Management Considerations for the Oregon Coast Oregon's Coastal Beaches and Dunes: Uses, Impacts and Management Considerations Dune Stabilization and Restoration: Methods and Criteria V. IMPLEMENTATION TECHNIQUES: Beach and Dune Implementation Techniques: Findings-of-Fact Beach and Dune Implementation Techniques: Site Investigation Reports Beach and.Dune Implementation Techniques: Model Ordinances* VI. ANNOTATED BIBLIOGRAPHY: Beach and Dune Planning and Management: An Annotated BibLiography VII. EDUCATIONAL MATERIALS: Slide show: Managing Oregon's Beaches and Dunes Brochure: Planning and Managing Oregon's Coastal Beaches and Dunes *Prepared under separate contract between Oregon Department of Land Conserva- tion and Development and the Bureau of Governmental Research, Eugene, Cover photo by Jay Rasmussen, Toledo, Oregon; cover design by Arlys Bernard, Newport, Oregon. U.S DEPARTMENT OF COMMERCE NOAA COASTAL SERVICES CENTER 2234 SOUTH HOBSON AVENUE CHARLESTON, SC 29405-2413 SAND REMOVAL PLANNING AND MANAGEMENT CONSIDERATIONS FOR THE OREGON COAST Property of CSIZ LIBRARY by Carl A. Lindberg Project Director Beaches and Dunes Study Team Kathy Bridges Fitzpatrick Editor and Project Administrator Oregon Coastal Zone Management Association, Inc. 313 S.W. 2nd Street, Suite C P.O. Box 1033 Newport, Oregon - 97365 June, 1979 Funding for this study was provided by the Office of Coastal Zone Management, National Oceanic and Atmospheric Administration, under Section 306 of the Coastal Zone Management Act through the Oregon Department of Land Conservation and Development. PREFACE The following report presents the results of an in-depth analysis of beach and dune sand removal on the Oregon Coast conducted by the Oregon Coastal Zone Management Association, Inc. This report constitutes one element of an overall analysis of planning for and managing beaches and dunes as required by Oregon's Beaches and Dunes Goal. This report was prepared by Carl Lindberg, OCZMA Beaches and Dunes Project Director, with assistance from other Study Team members composed of Christianna Crook, Research Associate, Wilbur Ternyik, Project Coordinator, Arlys Bernard, Project Secretary, and Kathy Fitzpatrick, Project Administrator. In addition, valuable review and comments were made by the Beaches and Dunes Steering Committee composed of: R. A. Corthell, U.S. Soil Conservation Service Steve Stevens, U.S. Army Corps of Engineers Sam Allison, Oregon Department of Water Resources Peter Bond and John Phillips, Oregon Department of Transportation, Parks and Recreation Division Bob Cortright, Oregon Department of Land Conservation and Development Jim Lauman, Oregon Department of Fish and Wildlife Jim Stembridge, Oregon Department of Soil and Water Conservation Steve Felkins, Port of Coos Bay Rainmar Bartl, Clatsop-Tillamook Intergovernmental Council Gary Darnielle, Lane Council of Governments Cathy Mecone, Coos-Curry Council of Governments Marilyn Adkins, City of Florence Planning Department Phil Bredesen, Lane County Planning Department Steve Goeckritz, Tillamook County Planning Department Oscar Granger, Lincoln County Planning Department Curt Schneider, Clatsop County Planning Department Additionally, OCZMA extends special appreciation to Peter Bond, Parks Planner, Parks and Recreation Branch of the Oregon Department of Transportation, and Stan Ausmus, Administrator, Mineland Reclamation Division, for their valuable review of and significant contributions to this report. L L TABLE OF CONTENTS Chapter Page Preface .................................................... i List of Tables and Figures ................................. iv I. Introduction ............................................... 1 II. Sand Removal On The Oregon Coast ........................... 2 A. Historical Sand Removal Activities B. Historical Controls On Sand Removal III. Sand Removal Activities and Potential Impacts .............. 13 A. Sand Flow Patterns B. Sand-formed Lakes C. Groundwater Supplies D. Aesthetics E. Wildlife Habitats F. Adjacent Property and Associated Structures IV. Planning and Managing Sand Removal Activities .............. 16 V. Identification of Areas Suitable for Sand Removal .......... 17 VI. References Cited ........................................... 19 LIST OF APPENDICES Appendix A - ORS 517.750-.990, Reclamation of Mining Lands Application for Operating Permit or Exemption Reclamation Plan Guideline ........................... 23 Appendix B - State Statutes 390.655 and 390.725 Application--Removal of Sand, Rock, Minerals, Marine Growth or Other Natural Products of the Oregon Shore ............................. 3.9 Appendix C - Cooperative Regional Planning Processes developed by the National Parks Service .............. 43 LIST OF TABLES Table Page 1. Sites registered or under permits issued by the Oregon Department of Geology and Mineral Industries pursuant to ORS 517.750-.990 ........................... 9 2. Sand removal permits issued by the Oregon Parks and Recreation branch of the Oregon Department of Transportation pursuant to ORS 390.725 ................. 10 LIST OF FIGURES Figure Page 1. Minerals found on the Oregon coast ..................... 3 2. Blowing sand caused problems for Gearhart property owners in 1935 when sand piled up to the second floor of many residences ............................... 4 3. Sand being removed just west of Highway 101 between Glenada and Dunes City ........................ :*,**''** 5 4. This.migrating sand dune is constantly spilling onto the highway just north of Woods in Tillamook County .... 6 5. Sand removal activity along the Southern Pacific Railroad Line on the north slough of Coos Bay .......... 6 iv I INTRODUCTION Sand removal as used in this report is a term identifying a wide range of man-made actions including the mining of sand for the extraction of ores and for use in the production of glass, concrete and ceramics, for sand blasting or for fill material. Additionally, sand is oftentimes removed from one location during excavation of a building site, to improve a view, or to protect a natural or man-made environment from inundation by migrating sand dunes. There exists little in the way of published data on the topic of sand removal from beach and dunes areas, especially within the context of Oregon's Beaches and Dunes Goal. One researcher who has produced several reports over the years on the environmental geology of the Oregon coast has noted that only recent concerns have brought the topic into the fore (Beaulieu, 1979). Only one article was identified that compre- hensively addressed sand removal from a beach or dune situation (Magoon, et al., 1972) * This article addressed the commercial mining of sand in Northern California and identified two major uses for such sand--aggregate for concrete and fill, and speciality purposes (glassmaking - 65%, sandblasting - 13%, and grinding and polishing - 6%). In their conclusion the authors note two problems associated with the activity of sand removal--a depletion of the sand resource and a conflict with the recreational use of coastal sand areas. One authority on shoreline processes, while noting that mining activities in shore areas is an important industry in some specific areas, does state a similar observation to that of Komar, (1978); Rea, (1977), and Magoon, et al.., (1972), in that: "Mining of beach and dune sands has further depleted this source, while the entrapment of coastal materials by harbors, groins, and jetties has placed sand in short supply on beaches where it provides an essential element of protection of the coast from the erosive action of waves. Further, sand is a valuable recreational asset that is now in very short supply." (Inman, 1978, p. 2269). Although little written information on sand removal is available, the issue was brought into focus when it was first mentioned as a concern in beach and dune areas in the January 1975 Progress Report published by the Oregon Coastal Conservation and Development Commission (OCCDC, 1975, p. 53). This same concern was carried over into the first draft of the Coastal Goals proposed by the Oregon Department of Land Conservation and Development which stated that: 2 "d. Removal of sand from sand areas should be permitted only when it is necessary to protect private or public property from sand damage or when such removal will not adversely affect the environment or the stability of adjacent areas as determined by a site investigation." (DLCD, 1975, p. 5). In its final form, the adopted Beaches and Dunes Goal'(#18) does not specifically require such a comprehensive examination of sand removal proposals and their impacts, but rather focuses on protection of life and property, which would necessitate a review of sand removal impacts. II. SAND REMOVAL ON THE OREGON COAST A. Historical Sand Removal Activities Along the Oregon coast, sand has typically been removed for four major reasons: industrial purposes, construction activities, site alteration, and protection of structures, property and/or habitats. 1. Industrial processes The sand or mineral(s) within the sand have been used in some industrial process. Such processes include the extraction of chromite, zircon, platinum, gold, etc. (von Bernewitz, 1930; Dasher, et. al., 1942; Beaulieu and Hughes, 1975), and the use of sand for ceramics, container glass, foundry molding, and sand blasting (Sterrett, 1958; Carter, et. al., 1962 and 1964; Beaulieu and Hughes, 1975; Gray, 1978). Most of the mineral bearing sands are found in Coos and Curry Counties on Oregon's South Coast. Figure 1 illustrates the general locations of these and other minerals found on the Oregon coast. In these southern counties, beginning with "black sand" mining at Whiskey Run Creek in 1852, a series of surface mining operations was carried OUt until the end of World War II. These sands were mined generally for their chrome and gold content. Depending on future prices and avail- abilities, some of these sites may again become viable for production within the future. 2. Construction activities The sand has been used in construction activities such as fill and concrete (Ketchum, 1972; Beaulieu and Hughes, 1975; Gray, 1978). The rE!MOval of sand for construction purposes has occurred at scattered locations up and down the coast as has the ad hoc removal of a bucket 3 or pickup load of sand. The most publicized removal for this purpose was at School House Creek in the Gleneden Beach area of Lincoln County. This operation did not have its beach sand removal permit renewed when it was found to possibly be related to the coastal erosion immediately to the north at Salishan Spit (Gray, 1978; Komar, 1978). This sand removal project was estimated to have removed between 43% to 75% (112,000 to 196,000 cubic meters) of the new sand being supplied to this area of the beach, (Rea, 1974, P. 74). Astoria OREGON COASTAL - /-;" \,-- 3C clatsopi RESOURCE ANALYSIS 26 1 SG q-j Bx Tillamook- St e Pc Ce A 3G- LEGEND Steel State boundary Gem Gemstones County boundary GT Geothermal wells F Clay Capital Hg Mercury SALEM 101 SG 0 City Ls Limestone Bx Intracoastal waterway Ni Nickel ore Newport Ibany 1 Railroad Pb Lead ore SG Ti Lincoln- orvallis Road Per Perlite Interstate highway Pt Platinum C) U.S. highway Pum Pumice Lane SG Si Mineral Symbols SG Sand and Gravel Eugene Ag Silver ore Si Silicon plant Steel Steel plant Douglas Aluminum plant . ...... Au Ag Au Gold ore Ti Titanium plant H Pb Z, Bx Bauxite U Uranium ore Coos B' Cem Cement plant Zn Zinc ore Coal 5 Zr Zirconium plant Roseburg Clay Clay **, Concentration of mineral Cr Pt Au Coal Coal I I operations -N* COOS Ni Riddle Cr Chromium ore 0 10 20 30 40 Cu Copper ore 50 60 miles J Cr L- - 2@ 4 60 80 100 kilometers Pt Au Dia Diatomite I Ni Grants Pass Au 199 Medford Figure 1. Minerals found on the Oregon coast (from U. S. Bureau of Mines, 1978). Curry Au Ashlanc eN1 Cu 5 4 3. Site alteration Sand has been removed to alter a site pr-ior to construction or to improve a view that is continually blocked by blowing and accumulating sand (Gray, 1978; Ternyik, 1978). This activity of site alteration goes on continually with each new structure erected and later, in some cases, to maintain a view. Removal related to construction should be reviewed in the future to ensure that it meets the goal requirements. Removal related to view protection should be analyzed to determine if such removal is necessary, the degree of hazard involved, and if it can be better treated by a stabilization program. 4. Protection of structures, property and/or habitats Sand has been removed to protect man-made and natural environments from in-migrating sand (U.S. Soil Conservation Service, 1975; Brown, 1978; Ternyik, 1978). Protecting man-made and natural environments from in-migrating sand has been going on for some time. A massive program, coupled with plantings for stabilization, was carried out in the Clatsop Plains area in the 1930's (see Figure 2). Since then, there have been many cases of sand removal to protect highways and roads (Highway 101 Figure 2. Blowing sand caused problems for Gearhart property owners in 1935 when sand piled up to the second floor of many residences. Removing sand, sometimes several times a year, proved expensive (from Warrenton Dune Soil and Water Conservation District, 1966). 5 at Humbug Canyon, seven miles south of Port Orford, along Highway 101 between Glenada and Dunes City, about one mile north of Woo,ds, along Highway 101 near Rockaway and Arch Cape, and within Cannon Beach and Seaside), to protect parking lots (Del Ray Beach State Wayside north of Gearhart), to protect buildings (at a dune tour concession in the Oregon Dunes National Recreation Area), and to protect railroad lines (about one mile south of Menasha on the north slough of Coos Bay), (Brown, 1978; Ternyik, 1978), (see Figures 3-5). It is suggested that provisions for such necessary protective actions be included in local plans and ordinances. wk Figure 3. Sand being removed just west of Highway 101 between Glenada and Dunes City. Throughout this stretch of Highway 101, migrating dunes are within several hundred feet of the pavement. Herb Schlicker, an engineering geologist with the State of Oregon's Department of Geology and Mineral Industries notes: "Removal of sand provides only a temporary solution and may have to be repeated frequently at considerable expense" (Schlicker, 1972, p. 68). In areas which are known to experience sand accumulation problems, it might be wiser to either establish a stabilization program or to limit the location of permanent structures and roads. 6 , km Figure 4. This migrating sand-dune is constantly spilling onto the highway just north of Woods in Tillamook County. V Figure 5. Sand removal activity along the Southern Pacific Railroad Line on the north slough of Coos Bay, Notice the layers of sand and the exposed trees that were buried by this in-migrating dune. 7 B. Historical Controls on Sand Removal 1. Local controls Historically, there has been an interest in having some control or standards for sand removal activities on the Oregon coast. For example, in 1910 the coastal City of Newport adopted an ordinance prohibiting the removal of sand and gravel from its ocean beaches. Later in 1928, Newport repealed this brdi-nance in spite of the following State Attorney General's opinion: "The City of Newport may by ordinance regulate or forbid the taking of sand and gravel from the ocean beach on the grounds that such taking interferes with the safety, order and general welfare of the inhabitants of the City", (13 OR. Op. A.G. 515 [1928]). The interest in such standards arose again in 1938 when the City Attorney of Newport was asked for an opinion on the City's ability to adopt a sand removal ordinance. The City Attorney's advice was affirmative, and later that year the editor of The Mineralogist, a national magazine, sent a letter to the City Council with stated concerns about sand and gravel operations on Newport's beaches, (Marsters, 1938; Dake, 1938). More rece'ntly, the City of Florence adopted Ordinance #464 in January of 1968. Section VIII, "Securing Loose, Open or Raw Sand" of that ordinance states: "No person, fi rm, or corporation shall make any excavation or remove any natural or planted ground cover, trees and shrubs or grass, or any existing building or structure when any such action will expose loose, open, or raw sand which would be susceptible to movement or displacement onto any public way or public or private land, by the action of wind or running water unless provisions are made to prevent such movement or displacement." The above ordinance seeks to maintain stability at the site of any activity within a sand area. Similarly, in August of 1978, the City of Seaside authorized their Public Works Department to remove sand that had been accreting on the beach and blowing inland onto yards and public rights- of-way, (The Daily Astorian, 1978). 8 2. State controls Generally speaking, sand removal from beaches and dunes is not permitted in most states (The Conservation Foundation, 1975, p. 107; U. S. Army Corps of Engineers, 1975, pp. 1-21). However, on the West Coast, the State of Washington has recognized the importance of commercial sand and gravel mining "as a necessary industry" and calls for careful management fWashington Department of Ecology, 1971, pp. 31-32). Under the general guidelines of the Washington Shoreline Management Act, the state's two southern coastal counties, where a large amount of accretion is taking place, allow the removal of beach sand (to eighteen inches depth in Pacific County and to twelve inches depth in Grays Harbor County), however, much of this removal is related to the local cranberry bog operations (Ruef, 1979). Within Oregon, three agencies are involved in sand removal activities and issue permits allowing such 'actions, The Oregon Department of Geology and Mineral Industries under the surface mining regulations of Chapter 517 is given the duty to issue permits for certain surface mining activities and set standards for reclamation. Such activities can take place in sand areas, but require a permit if: (1) they remove more than 2500 cubic yards of minerals per year, and/or (2) they affect at least one acre of land within a period of twelve consecutive months; and (3) the material is not used on-site for construction purposes. When an applicant applies for the surface mininq permit, he must also include a "Reclamation and Development Plan" pursuant to ORS 517. 750-517.990. This plan is to include site plans, cross sections, aerial photos, and any other drawing necessary to illustrate the present and proposed final configuration of the site. The Department also requires a performance bond not to exceed $500.00 per acre, and a permit fee of $265.00. Copies of Chapter 517.750-.990, Reclamation Plan Guidelines, and the Application for Operating Permits or Grant Exemption under ORS 517 are included in Appendix A. Table 1 lists sites of known sand removal and current permits issued by the Oregon Department of Geology and Mineral Industries. Another state agency having permit authority over sand removal on the coast is the Parks and Recreation Branch of the Oregon Department of Transportation. Chapter 390 of the Oregon Revised Statutes requires permits for removal of products along the ocean shore (west of the state's surveyed "zone line"). Except for exemptions for fish,-wildlife, agates or souvenirs, no other natural mineral or animal product can be taken from the state controlled beach area without the expressed permission of the Department of Transportation. Furthermore, state law (ORS 390.725) requires that such permission be granted only after consultation with the State Fish and Wildlife Commission, the State Department of Geology 9 and Mineral Industries, and the Division of State Lands. Approval of the permit must contain any necessary provisions to protect the areas from any use, activity or practice adverse to the conservation of natural resources or public recreation. Copies of the most applicable provisions of the state statute and of the Permit Application for Removal of Sand, Rock, Minerals, Marine Growths, or Other Natural Products of the Ocean Shore are included in Appendix B. Table 2 lists those permits issued by the Oregon Parks and Recreation Brach pursuant to ORS 390. Table 1. Sites registered or under permits issued by the Oregon Department of Geology and Mineral Industries pursuant to ORS 517.750-.990* Location Amount Permittee Purpose Clatsop Sec 8 T8NRlOW up to 2500/yr Individual Construction (TE-04-0040) material** NW 1/4 unlimited Oregon Portland Sandstone Sec 19 T8NR6W Cement quarry (LE-04-0012) Sec 3 T7NR1OW unlimited Individual Construction (SMP-04-0024) material Tillamook SW 1/4 18'T4SR10W unlimited Federal Hwy. Adm. Construction NW 1/4 19 (SMP-29-0060) material Sec 6 T3NRlOW unlimited Individual Sandstone and (LE-29-0036) Rock quarry Sec 18 T4SRlOW unlimited Individual Construction (SMP29-0066) material Lincoln SE 1/4 sec 22 T7SR11W unlimited Oceanlake Sand Construction and Gravel Co. material (LE-21-0011) Sec 27 T7SR11W IN VIOLATION Ford, Frank & Construction Lewis material Lane (21-0036) Sec 15 T18SR12W unlimited Individual Construction (LE-20-0068) material 10 Table 1 continued Location Amount Permittee Purpose Coos Sec 34 T24SR13W unlimited CooSand Corp. Construction (SMP-06-0007) material *from Ausmus, 1979. **construction material--includes fill material, concrete, etc. TE-total exemption--activity does not fall within the permitting purview of DOGAMI (e.g. less than 2,500 cu ydlyr, etc.) LE-limited exemption--activity initiated prior to reclamation requirement. reclamation plan not required. SMP-surface mi'ning permit--activity falls within DOGAMI's permitting authority; reclamation plan required. Table 2. Sand removal permits issued by the Oregon Parks and Recreat 'ion branch of the Oregon Department of Transportation pursuant to ORS 390.725* Date Location Amdunt Permittee Purpose 1970 Brookings, Not Individual Removal for Curry County stipulated construction and fill purposes 1970 Brookings, 10,000 cu. yd. Port of Removal of sand Curry County Brookings to clear channel 1973 Beaver Creek 4,800 cu. yd. Lincoln County Rechannelization at Ona Beach of mouth of Beaver State Park, Creek Lincoln County *from Bond, 1979. Under ORS 541-605-665, the Oregon Division of State Lands maintains permit authority for fill and removal activities within waters of the state. Pursuant to this statute, the Division coordinates with the Parks and Recreation Branch on removal activities within beach areas: Additionally, the Division of State Lands is charged with administering the transfer of dredge spoils with proceeds from such sales going to the common school fund. Inquiries regarding use of dredge spoils and negotiation of fees, should be directed to the Division (Johnson, 1979). Local governments should arrange to review and comment on all applications filed under these state programs within, or adjacent to, their jurisdictional boundaries. However, it should be noted that many sand removal activities that should be addressed under the provisions of Goal #18 do not fall under the jurisdictional provisions of these two state agencies. Therefore, local governments should require a site investigation report for most sand removal activities. Those minor activities exempted from the site investigation report requirement could be specifically listed with a blanket finding to support their exemption. 3. Federal controls The major-federally controlled beach and dune area is the forty-one mile long Oregon Dunes National Recreation Area on Oregon'-s central coast. This sand area of large migrating sand dunes was made a national recreation area-by an act of Congress on March 23, 1972. The Siuslaw National Forest of the U.S. Forest Service maintains the administration of this unique area. Accord ing to the Final Environmental Impact Statement concerning the Oregon Dunes National Recreation Area Management Plan (January, 1977), the sand removal policy is: Ili. Minerals The sand within the Oregon Dunes National Recreation Area is of high enough quality for making some varieties of glass. In recent years, an individual filed thirty-five mining claims covering 4,640 acres of this sand. Of these claims, twenty- five involving 3,160 acres were subsequently declared invalid, since the claimant had not established a market for this sand. Although the claimant had not established a market for the sand on the remaining ten claims prior to the effective date of the NRA Act, the validity proceedings are in progress, but have not been completed at this time. Since then, all lands within the NRA have been withdrawn from entry under both the mining and mineral leasing laws, subject to valid existing rights." (U. S. Forest Service, 1977, pp. 22"23) 12 The Environmental Impact Statement suggests that although private lands within the NRA have not been withdrawn from mineral entry, this potential activity is not considered a threat. Section 7 of PL 92-260 provides for industrial or commercial purposes that are proposed for private lands after December 31, 1970, to be certified as being compatible with or furthering the purposes of the Act, if the property owner is to retain his protection from condemnation. However, sand mining is incompatible with the purposes of the Act since it would negatively impact one of the elements that makes the Oregon Dunes NRA unique--the sand dunes. The Impact Statement notes further that while "the NRA Act provides for no consequences should the state or counties decide to allow sand removal for glass manufacturing purposes, a cooperative relationship is expected to prevent this from happening." (U. S. Forest Service, 1977, p. 55). Within the Oregon Dunes National Recreation Area there exists only one sand removal project. It is a mining operation, removing the sand for glass, foundry molding and traction sandl. The NRA management position is to use stabilization instead of removal in situations where potential inundation poses hazardous conditions. However, when sand migrates off NRA lands, it is no longer within the jurisdictional realm of the U. S. Forest Service. Thus, future removal or stabilization Awould be up to adjacent property owners, such as the Oregon Department of Transportation, when removing sand from Highway 101 just north of Siltcoos (Czmerys, 1979). 4. Intergovernmental coordination The maintenance of open sand by various jurisdictional parties and the public can lead to a variety of planning and management conflicts. It is vital that adjacent property owners participate in the planning and management of dune forms to'ensure the compatibility of management approaches and techniques. Local, state and federal jurisdictions would do well indeed to work cooperatively and jointly in coordinating their planning and management of beach and dune areas. A cooperative regional planning approach specific to shoreland areas has been developed by the National Parks Service and is included in Appendix C as an aid to coastal jurisdictions involved in a coordinated approach to beach and dune planning and management. Indeed, the federal consistency provisions of the Coastal Zone Management Act, coupled with Oregon's state coordina- tion program, ensure that local jurisdictions have ample opportunity to coordinate their planning needs and efforts with state and federal agencies. lTraction sand - sand placed in front of the driving wheels of railroad locomotives for improved traction. 13 III. SAND REMOVAL ACTIVITIES AND POTENTIAL IMPACTS There are six major concerns related to the activity of sand removal in beach and dune areas. These areas of concern are the impact(s) of a proposed sand removal activity on sand flow patterns, sand-formed lakes, groundwater supplies, aesthetics, wildlife habitats and adjacent property and associated structures. A. Sand Flow Patterns The removal of sand from the beach and dune area may lead to erosion of neighboring landforms either down the littoral drift system of the beach or in areas leeward of the removal activity. The energy levels and directions of wind, tide and currents are constantly impacting on the beach. A reservoir of sand, especially the beach and foredune, is needed to ensure that a supply of sand is available to maintain a buffer between land and sea (U. S. Army Corps of Engineers, 1975, pp. 5-21). "The key to the natural protective quality of t!-ie beachfront is the sand held in storage and yielded io the storm waves to dissipate the forces of their attack on the beachfront. When- ever the total volume of sand held in storage is reduced, the ability of the beachfront to absorb the energy of the storm waves is reduced. If the forces of a storm exceed the restorative capabilities of the beach, then extensive long-term erosion and alteration of the [beach] profile are likely results." (The Conservation Foundation, 1977, p. 103). Decision-makers should review the sand budget of an area to determine if an historic surplus of sand exists before permitting sand removal. Removal should be conducted in such a manner as to minimize the interference with the free movement of sand or which would adversely affect the vegetative cover or modify the landscape topography in a manner which promotes erosion, unwanted sand migration, an over- steepened slope situation, alterations in driftwood accumulation patterns, or breaches in the foredune, Such considerations should be addressed within a site investigation report. B. Sand-formed Lakes Sand-formed, or dune-dammed lakes as they are sometimes called, are most commonly exposed areas of the water table in dune areas. As such, the main concern to their viability is the encroachment on them by in-migrating dunes. At Cleawox Lake, such migration is so rapid that in a period of several years the lake depth at a narrow section went from 14 twenty feet to five feet (Ternyik, 1978), The importance of these lakes for wildlife habitat, recreation and aesthetics should mandate protection and restoration measures including sand removal and dune stabilization. In as much as these lakes are commonly exposed areas of the water table, the considerations mentioned below for the groundwater should also be reviewed when planning and managing such coastal lakes. C. Groundwater Supplies Sand removal excavations may intersect the local groundwater table. If a removal project is large enough, it may lower the local water table. Chemicals such as fuel and lubricating oil from heavy equipment may be introduced into the groundwater if the groundwater table is exposed during the removal project. D. Aesthetics The major resource study relating to Oregon coastal aesthetics is Visual Resource Analysis of the Oregon Coastal Zone produced by a firm of landscape architects under contract with the Oregon Coastal Conser- vation and Development Commission in 1974. While this study categorizes typical coastal landscapes as they relate to the land-water interface, it does not provide decision-makers with specific standards in this highly subjective area. "Shoreline Site Planning and Design" by Roy Mann is an excellent source of information on this subject (Clark, 1977). Relying somewhat on the two sources mentioned above the following factors for the evaluation of a proposed sand removal project from an aesthetic standpoint include: (1) the character of the sand features to be altered. (Is it representative of a typical or common landscape, or is it an obviously unique and important feature?); (2) the size of the landform. (Would it be possible to remove a portion of the feature without altering its aesthetic value(s)?); (3) impact of the removal on the site and the surrounding area. (Would the proposed sand removal be a detrimental, neutral or positive action to the general aesthetic values of the site and surrounding area?); and, (4) other land use goals and planning objectives. (Would the removal be consistent with local plans and other land use objectives such as those expressed in Goal #5, Open Space, Scenic and Historic Areas and Natural Resources?). 15 E .Wildlife Habitats The beach and dune system provides a living environment for a large number of plants and animals, the sensitivity of which varies under various habitat conditions. The scale and intensity of sand removal envisioned under existing constraints, in comparison with the total sand area, does not appear to pose any significant threat to the general habitat picture. Site investigations should give special attention to identified critical habitat areas and species. In fact, through a program of sound management, such as vegetation, restoration and sand removal (to protect habitats), improvement in the quality of habitat may be realized. In the past, largely due to a lack of beach and dune management on the coast, several wildlife habitats, including lakes and wetlands, have been smothered by migrating dunes such as at Cleawox Lake. Local decision-makers should be aware of local wildlife needs when reviewing proposals for sand removal to ensure that local key areas are not adversely affected, or to direct removal to areas where habitats may be restored. F. Adjacent Property and Associated Structures Other than the obvious impacts of noise, dust, fumes and traffic on adjoining properties, the dangers of eliminating lateral supportl and the inundation of such properties by reactivated sand migrating downwind from the site of the removal project are also present. Local decision- makers should thus ensure that all such problems are considered within the site investigation report. After a sand removal project has been terminated there are two future alternatives. First is to attempt to return the site to a somewhat natural settinq for rural land uses by the re-introduction of native vegetation. The second alternative is the development of the site for other urban land uses. Several helpful studies have been produced by the National Sand and Gravel Association which address reclamation: (1) "Site Utilization and Rehabilitation Practices," by Shellie and Rogier; (2) "Simultaneous Excavation and Rehabilitation of Sand and Gravel Sites," by Bauer; and (3) "Practical Operating Procedures for Progressive Rehabilitation of Sand and Gravel Sites," by Johnson. lLateral support-the general support offered a parcel of ground by that land immediately surrounding it; a very important feature considering the unconsolidated nature of the sand. 16 IV. PLANNING AND MANAGING SAND REMOVAL ACTIVITIES The beach and dune system consists of dynamic and fragile landforms in various stages of stability. Because of this variability of stability and the inherent possibility of adverse impact on the beach and dune system by sand removal projects, most sand removal projects should be accompanied by a site investigation report to be evaluated and considered before a final decision is made. This report should clearly identify impacts and suggest techniques and modifications to the original proposal designed to eliminate the adversities as much as possible, or to mitigate the impacts if circumstances warrant. Site investigation reports for proposed sand removal projects should lemonstrate by reliable and probative evidence that: (1) the beach and dune system is capable of supporting the proposed removal activity including impacts associated with transportation, noise, site devegetation and disturbance, alteration of groundwater levels, contamination of surface and groundwater, erosion, and destruction of wildlife habitat; (2) the proposed sand removal activity is compatible with existing or proposed use of the site or contiguous areas and structures including impacts associated with lateral support, noise, dust, blowing sand, traffic and aesthetic qualities; and, (3) the proposed sand removal activity is compatible with all applicable local, state and federal plans, regulations or ordinances, and standards including local comprehensive plans and implementing ordinances. Additionally, it is suggested that volumes of sand may be redistributed from one area to an adjacent area during the alteration of a particular site with the approval of the local jurisdiction if all of the following conditions are met: (1) all involved property owners (those involved with the proposal) are in written agreement; (2) the sand mass on one property is so great that existing development is threatened or that construction of future development would be prohibitive without some reduction of the sand mass; and (3) the action as proposed would not weaken the overall dune system and that consideration be given to the resulting topography and stabilizing factors. 17 Finally, restrictions should be developed for excavations in sand areas to prevent: (1) moisture loss and root damage to plants in the surrounding area; (2) exposing sand areas to prolonged erosion; and (3) creating or causing slope instability. (That is, no slope @hould be left unattended that could fail and cause serious injury or death; all such areas should be posted.) At the same time, however, local decision-makers should heed and consider the following observation by ensuring the opportunity for future sand removal activities as needs and demands dictate. "Although the land use planning and coastal zone management programs provide for mineral development, they have been criticized for not stressing adequately the importance of minerals in over- all planning for future population growth and as to national interests. The result is that current investigations of mineral deposits are discouraged by doubts about future development and mining restrictions." (U. S. Bureau of Mines, 1978, p. 14). Given the importance of sand in the natural coastal zone processes, as well as its importance to the developing coastal economy, other sources and approaches to management must be explored by policy makers. The use of dredge spoils for fill material or beach nourishment is one area needing further consideration. Additionally, studies currently under way by the Portland District Corps of Engineers and by the Department of Civil Engineering at Oregon State University, Corvallis, may shed further light on the need and uses for coastal sand including dredge spoils. V. IDENTIFICATI'ON OF AREAS SUITABLE FOR SAND REMOVAL It is difficult to comprehensively identify areas suitable for sand removal because the associated impacts are dependent upon the landform type, historic sand supply, recent erosion or accretion patterns, the surrounding natural and man-made environment(s) and the extent of the sand removal operation. Three general types of circumstances may at times allow or neces- sitate the removal of sand; they are areas where: (1) in-migrating sand is posing a threat to structures, habitat and/or property; (2) significant accretion is known to occur (however, due to a possible zero net littoral drift and limited sources of new 18 sand supplied to Oregon's beaches, removal of sand even from areas of historic accretion is not generally recommended.) and; (3) dredge spoils have been deposited or stored. Jurisdictions should allow sand removal from ocean beach and sand dune areas only when the following factors are addressed by the developer: (1) the removal is necessary to protect life or property; (2) a site investigation report demonstrates that the removal will have minimal adverse impact on the environment and adjacent land uses, and (3) attention is given to anticipated potential impacts and subsequent rehabilitation of the site. While it is important for jurisdictions to recognize the necessity or importance of sand removal activities for mineral extraction, industrial processes, construction, and protection of property, local plans should not attempt to specifically identify sites having sand removal potential. Rather it is suggested that jurisdictions act upon sand removal applications following a review of all facts included in a site investigation report and rehabilitation program. Following such review, and given local input, sand removal proposals can be modified as necessary to satisfy the objectives of both the developer and local citizenry, Presently, few coastal jurisdictions are in a position whereby they can affect sand removal proposals, with the exception of those projects requiring state agency permit(s). As a result of Oregon's land use program, state coordination, and the federal consistency provisions of the Coastal Zone Management Act, coastal jurisdictions are now afforded an opportunity to comment on sand removal proposals in their locale. It is strongly recommended, however, that those jurisdictions containing areas of beach and dune landforms adopt ordinances allowing them review authority of sand removal proposals falling outside the realm of state purview. Because local governments are called upon to fill the void between :state regulation of sand removal and areas not covered by state statutes, it is incumbent upon jurisdictions to adopt reasonable standards and policies to ensure that future sand removal activities are designed in a manner which meets local economic, social and environmental demands while complying with the intent of the Beaches and Dunes Goal. 19 REFERENCES CITED Ausmus, Stan. Personal Communication. 1979, Administrator, Minelaand Reclamation Division, Oregon Department ol- Geology dnd Mineral Industries. Bauer, Anthony M. 1965. "Simultaneous Excavation and Rehabilitation of Sand and Gravel Sites." National Sand and Gravel Association, Silver Springs, Maryland. 80 pp. Beaulieu, John D. Personal Communication. 1979, Deputy State Geologist, Oregon Department of Geology and Mineral Industries. Beaulieu, John D. and Paul W. Hughes. 1975. Environmental Geology of Western Coos and Douglas Counties, Oregon, Department of Geology and Mineral Industries, Portland, Oregon. 148 pp. Bernewitz, M. W. von. 1930. "Treatment and Sale of Black Sands." Information Circular 7000. U.S. Department of Interior, Washington, D. C. 21 pp. Bond, Peter. Personal Communication. 1979. Parks Pl2nner, Parks and Recreation Rranrh, Oregon Dppartmpnt of Transporta-,.,ion. Brown, B. E. Personal Communication. 1978 District Engineer, Oregon State Highway Division. Carter, George J., H. M. Harris and K. G. Strandberg. 1964. "Beneficiation Studies of the Oregon Coastal Dune Sands For Use as Glass Sand." RI 6484 U. S. Department of the Interior, Bureau of Mines, Washington, D.C. 21 pp. Carter, George, Hal J. Kelly an d E. W. Parsons. 1962. "Industrial Silica Deposits of the Pacific Northwest." Information Circular No. 8112. U. S. Department of the Interior, Bureau of Mines, Washington, D.C. 57 pp. Czmerys, John. Personal Communication. 1979. NRA Wildlife Specialist, Dake, H. C. 1938. Letter to City Council of Newport, Oregon, November 23, 1938. 2 pp. Dasher, John, Foster Frass and Alton Gabriel. 1942. "Mineral Dressing of Oregon Beach Sands: Concentration of Chromite, Zircon, Garnet, and Illmerite." RI 3668. U.S. Department of the Interior, Bureau of Mines, Washington, D.C. 19 pp. Erickson, Robert, et al. 1974. Visual Resource Analysis of the Oregon Coastal Zone: Experimental Qualities of Oregon Coastal Environments, The Oregon Coastal Conservation and Development Commission, Florence, Oregon. 135 pp. 20 Gray, Jerry. Personal Com!-n!jnication. 1978. Geologist, OrE,gon Department of Geology and Mineral Industries. Inman, Douglas L. 1978. "The Impact of Coastal Structures on Shorelines." Proceedings of Coastal Zone 78. American Society of Civil Engineers, New York, New York. pp. 2265-2272. 8 pp. Johnson, Craig. 1966. "Practical Operating Procedures for Progressive Rehabilitation of Sand and Gravel Sites." National Sand and Gravel Association, Silver Springs, Maryland, 75 pp. Johnson, Earl. Personal Communication. 1979. Oregor, Division of State Lands. Ketchum, Bostwick H., ed. 1972. The Water's Edge. MIT Press, Cambridge, Massachusetts. 393 pp. Komar, Paul D. 1976. Beach Processes and Sedimentation. Prentice-Hall, Inc., Englewood, N. J. 429 pp. Komar, Paul D. Personal Communication. 1978. Professor of Oceanography, Oregon State University, Corvallis, Oregon. Magoon, Orville T., John C. Haugen and Robert L. Sloan. 1972. "Coastal Sand Mining in Northern California, U.S.A." Proceedings of the 13th Coastal Engineering Conference. American Society of Civil Engineers, New York, New York. pp. 1571-1595. 25 pp. Mann, Roy. 1977. "Shoreline Site Planning and Design." John Clark, Ed. Coastal Ecosystem Management: A Technical Manual for the Conservation of Coastal Zone Resources, John Wiley and Sons, New York, New York. 928 pp. Marsters, C. L. 1938. Letter to City Council of Newport, Oregon, ,'!ovember 23, 1938. 2 pp. Oregon Land Conservation and Development Commission. 1975, "Draft Regional Land Use Planning Goals and Guidelines for the Coastal Zone." Oregon Land Conservation and Development Commission, Salem, Oregon. 8 pp. Rea, Campbell. 1974. "The Erosion of Siletz Spit, Oregon." Unpublished MA Thesis, School of Oceanography, Oregon State University, Corvallis, Oregon. 105 pp. Reuef, Michael. Personal Commurication. 1979. Shorelines Division, Washington State Department of Ecology. Sch.licker, Herbert G., et al. 1972. Environmental Geology of the Coastal. Region of Tillamook and Clatsop Counties, Oregon. Bulletin 74, Oregon Department of Geology and Mineral Industries, Portland, Oregon 164 pp. 21 Shellie, Kenneth L. and David A. Rogier, 1963. "Site Utilization and Rehabilitation Practices." National Sand and Gravel Association, Silver Springs, Maryland. 80 pp. Sterrett, Chester K. 1958, "Industrial Silica for Pacific Northwest Industries." Resource Report No.. 1, Raw Materials Survey, Inc., Portland, Oregon. 14 pp. Ternyik, Wilbur. Personal Communication. 1978. Owner, Wave Beach Grass Nursery, Florence, Oregon. The Conservation Foundation. 1977. Physical Management of Coastal Flood- .plains: Guidelines for Hazards ind Ecosystems Management. The Council on Environmental Quality, Washington, D.C. 179 pp. The Daily Astorian. 1978. "Seaside Approves Land-use Plan Changes." September 13, 1978. Astoria, Oregon. U. S. Army Corps of Engineers. 1975. Shore Protection Manual, Volume I. Second edition. U. S. Amy Coastal Engineering Research Center, Fort Belvoir, Virginia. 508 pp. U. S. Department of Agriculture, Forest Service. 1977. Final Environmental Statement, Oregon Dunes National Recreation Area. U.S. Department of Agriculture, Forest Service, Pacific Northwest Region, Portland, Oregon. 200 pp. U. S. Department of Agriculture, Soil Conservation Service and Oregon Coastal Conservation and Development Commission. 1975. Beaches and Dunes of the Oregon Coast. U. S. Department of Agriculture, Soil Conservation Service, Portland, Oregon. 161 pp. U. S. Department of the Interior, Bureau of Mines, 1978. "Minerals in the Economy of Oregon." SMP-21. U. S. Department of the Interior, Bureau of Mines, Washington, D.C. 14 pp. U. S. Department of the Interior, National Park Service. 1978. Management Policies. U. S. Department of the Interior, National Parks Service, Washington, D. C. 175 pp. Warrenton Dune Soil and Water Conservation District, Clatsop County, Oregon. 1966, "Thirty-one Years of Progress, 1935-1966." Warrenton Dune Soil and Water Conservation District, Astoria, Oregon. 17 pp. 1 22 1 1 I I I I I I I I I I I I I I I I I I I I 23 1 I I I I I APPENDIX A I I I ORS 517. 750 - .990 Reclamation of Mining Lands I Application for Operating Permit or Grant of Exemption I Reclamation Plan Guideline I I I I I I I 24 MINERAL RESOURCES means a cessation of surface mining operation that was not set forth in a permittee's plan of operation or similar written notice extending: (a) For more than 24 consecutive months; or (b) For a period of less than 24 consecutive months in length, determined by the depart- ment to be sufficient to characterize such cessation of the surface mining operation as an abandonment of surface mining and where the perrnittee fails to submit sufficient evi- dence to the department that such operation has not been abandoned within 30 days after his receipt of written notification from the department of its intention to declare the operation abandoned. (2) "Board" means the governing board of the State Department of Geology and Mineral Industries. (3) "Completion" means termination of surface mining activities including reclama- tion of the surface-mined land in accordance with the approved reclamation plan and operating permit. (4) "Department" means the State Depart- ment of Geology and Mineral Industries. (5) "Landowner" means the person pos- sessing fee title to the natural mineral deposit being surface mined. (6) "Minerals" includes soil, coal, clay, stone, sand, gravel, metallic ore and any other solid material or substance excavated for commercial, industrial or construction use from natural deposits situated within or upon lands in this state. (7) "Operator" means any individual, public or private corporation, political subdivi- sion, agency, board or department of this .state, any municipality, partnership, associa- tion, firm, trust, estate or any other legal entity whatsoever that is engaged in surface mining operations. (8) "Overburden" means the soil, rock and similar materials that lie above natural deposits of minerals. (9) "Reclamation" means the employment RECLAMATION OF MINING in a surface mining operation of procedures, LANDS reasonably designed to minimize as much as practicable the disruption from the surface 517.750 Definitions for ORS 517.750 to rnining operation and to provide for the reha- 517.900. As used in ORS 517.750 to 517.900 bilitation of any such surface resources ad- and subsection (4) of 517.990, unless the versely affected by such surface mining context requires otherwise: operations through the rehabilitation of plant cover, soil stability, water resources and other (1) "Abandonment of surface mining" measures appropriate to the subsequent 25 NENWG AND MFUNG CLADIS beneficial use of such mined and reclaimed tion, reconstruction or maintenance of access lands. roads and excavation or grading operations (10) "Reclamation plan" means a written conducted in the process of fanning or ceme- proposal, submitted to the department as tery operations, onsite road construction or required by ORS 517.750 to 517.9W and other onsite construction, or underground .nes; and also excluding rock, gravel, sand, subsection (4) of 517.990 and subsequently ml approved by the department as providej in silt or other similar substances removed from ORS 517.750 to 517.900 and subsection (4) of the beds or banks of any waters of this state 517.990, for the reclamation of the land area pursuant to permit issued under ORS 541.605 adversely affected by a surface mining opera- to 541.660. tion and including, but not limited to the (13) "Surface mining refuse" means all following infon-nation: waste materials, soil, rock, mineral, liquid, (a) Proposed measures to be undertaken vegetation and other materials resulting from by the operator in protecting the natural or displaced by surface mining operations resources of adjacent lands. within the operating permit area, including all waste materials deposited in or upon lands (b) Proposed measures for the rehabilita- within such operating permit ar-ea. tion of the surface-mined lands and the proce- [1971 c.719 �2; 1975 c.724 �1; 1977 c.59 �11 dures to be applied. 517.755 Mining operations affecting W The procedures to be applied in the more than five acres. Notwithstanding the surface mining operation to control the dis- yard and acre limitations of subsection (11) of charge of contaminants and the disposal of ORS 517.750, as soon as any mining operation surface mining refuse. begun after July 1, 1975, affects more than (d) The procedures to be applied in the five acres of land the provisions of ORS surface mining operation in the rehabilitation 517.750 to 517.900 and subsection (4) of of affected stream channels and stream banks 517.990 apply to the mining operation. to a condition minimizing erosion, sedimenta- [1975 c.724 �1al tion and other factors of pollution. Note: 517.755 was enacted into law by the Legisla- (e) The map required by paragraph (e) of tive Assembly but was not added to or made a part of ORS chapter 517 or any series therein by legislative subsection (1) of ORS 517.790 and such other action. See the Pr-eface to Oregon Revised Statutes for maps and supporting documents as may be further explanation. requested by the department. 517.760 Policy. (1) The Legislative (f) A proposed time schedule for the COM- Assembly finds and declares that: pletion of reclamation operations. (a) The extraction of minerals by surface (11) "Spoil bank" means a deposit Of mining operations is a basic and essential excavated overburden or mining refuse. activity making an important contribution to (12) 'Surface mining" includes all or an y the economic well-being of the state and part of the process of mining minerals by the nation. removal of overburden and the extraction of (b) Proper reclamation of surface-mined natural mineral deposits thereby exposed by lands is necessary to prevent undesirable land any method by which more than 2,500 cubic and water conditions that would be detrimen- yards of minerals are extracted or by which at tal to the general welfare, health, safety and least one acre of land is affected within a property rights of the citizens of this state. period of 12 consecutive calendar months, W Surface mining takes place in diverse including open-@it mining operations, auger areas where the geologic, topographic, climat- mining operations, production of surface ic, biological and social conditions am signifi- mining refuse, the construction of adjacent or cantly different and that reclamation opera- off-site borrow pits (except those constructed tions and the specifications therefor must for use as access roads), and prospecting and vary accordingly. exploration activities coming within the quantity or area specifications set forth herein (d) It is not practical to extract minerals or when such activities affect more than one required by our society without disturbing the acre of land for each eight acres of land pro- surface of the earth and producing waste spected or explored; but excluding excavations materials and that the very character of many of sand, gravel, clay, rock or other similar types of surface mining operations precludes materials conducted by the landowner or complete restoration of the affected lands to tenant for the primary purpose of construc- their original condition. 26 NHNERAL RESOURCES (e) lieclamation of surface-mined lands as ORS 517.770, any landowner or operator provided by ORS 517.750 to 517.900 and conducting surface mining on July 1, 1972, subsection (4) of 517.990 will allow the mining shall pay the permit fee as provided in ORS of valuable minerals in a manner designed for 517.800. the protection and subsequent beneficial use [1971 c.719 �171 of the rn@Lned and reclaimed lands. (2) I'lie Legislative Assembly, therefore, 517.780 Effect on local zoning laws or declares that the purposes of ORS 517.750 to ordinances; local reclamation permit and 517.900 jmd subsection (4) of 517.990 are: fee in lieu of state permit and fee; certain operations exempt. (1) The provisions of (a) To provide that the usefulness, prod- ORS 517.750 to 517.900 and subsection (4) Of uctivity and scenic values of all lands and 517.990 and the rules and regulations adopted water msources affected by surface mining thereunder shall not supersede any zoning operations within this state shall receive the laws or ordinances in effect on July 1, 1972; greatest practical degree of protection and however, if such zoning laws or ordinances are reclamation necessary for their intended repealed on or after July 1, 1972, the provi- subsequent use. sions of ORS 517.750 to 517.900 and subsec- (b) To provide for cooperation between tion (4) of 517.990 and the rules and regula- private and governmental entities in carrying tions adopted thereunder shall be controlling. out the purposes of ORS 517.750 to 517.900 The department may adopt rules and regula- and subsection (4) of 517.990. tions with- respect to matters presently cov- [1971 c.719 �11 ered by suth zoning laws and ordinances. 517.770 Application of ORS 517.750 to (2) In lieu of the permit required by ORS 517.900. (1) Nothing in ORS 517.750 to 517.790, an operator may conduct surface 517.900 and subsection (4) of 517.990 applies mining provided such surface mining is done to: pursuant to a valid permit issued by the (a) Ilie reclamation of lands within the appropriate authority of a city or county in surfaces and contours of surface mines as of which the mining is taking place, if such July 1, 1.972, or to vertical extensions of those authority has adopted an ordinance, approved I by the department, requiring reclamation of surfaces and contours. The surfaces and land that has been surface mined. contours of surface mines shall not include those areas over which the mining operator (3) City or county operated surface mining merely leveled terrain or cleared vegetative operations which sell less than 2,500 cubic oDver. yards of minerals within a period of 12 consec- (b) Dredging operations, conducted pur- utive calendar months, are exempt from the suant to ORS 517.611 tAD 517.700. provisions of ORS 517.750, 517.755, 517.770, 517.810, 517.830, 517.860, 517.865 and this (c) A, landowner or operator who, on July section provided the city or county adopts an 1, 1972, is a party to a valid contract, in ordinance which shall include a general existenoa on January 1, 1971, to surface mine; reclamation scheme for all surface mining but this exemption will not apply to existing within the boundaries of the city or county, contracts upon expiration, or in instances which shall provide for the means and meth- where a fiduciary relationship exists between ods whereby reclamation is to be achieved. the contracting parties, and in no case will the exemption continue after January 1, 1981. (4) A city or county may determine and (2) Notwithstanding paragraph (a) of collect fees for any function perfonned pur- subsection (1) of this section, if in the judg- suant to subsection (2) of this section. Howev- ment of the department meaningful reclama- er, no such fee shall exceed the amounts tion can-not be accomplished the department Prescribed in ORS 517.800. A city or county may waive the permit and reclamation re- shall issue a permit for each regulated surface quirements of ORS 517.750 to 517.900 and mining activity within its jurisdiction, and all subsection (4) of 517.990 even though the such permittees are subject to the payment of mine sw-faces and contours as of July 1, 1972, any fee charged by the city or county. Howev- have been extended horizontally. er, those activities described in ORS 517.770 [1971 c.719 �15; 1973 c.709 �1; 1975 c.724 �21 are not required to comply with mined land reclamation plans. City or county fees shall be 517.775 Permit fee for certain land- in lieu of any surface mining permit fees owners and operators. Notwithstanding assessed by the department. the provisions of subsections (1) and (3), of [1971 c.719 �16; 1975 c.724 �3; 1977 c.524 �11 27 MINING AND MD'QNG CLAIMS 517.790 Operating permit required 517.800 Fees. (1) Each application for for surface mining on certain lands; appli- an operating permit under ORS 517.750 to cation for permit, proposed reclamation 517.900 and subsection (4) of 517.990 shall be plans. (1) Except as otherwise provided by accompanied by a fee of $265. subsection (2) of ORS 517.780, after July 1, (2) Annually on the anniversary date of 1972, no landowner or operator shall permit or each such operating permit, each holder of an engage in surface mining on land not surface operating permit shall pay to the department mined on July 1, 1972, without having first fee of $165. applied for and received an operating P@rmt a from the department for such surface mming [1971 c.719 �7; 1973 c.709 �3; 1977 c.524 �21 operation. A separate permit shall be required 517.810 Bond or security deposit re- for each separate surface mining operation. qtAred of applicant; public and govern- Prior to receiving an operating permit from mental bodies exempt; other security in the department the landowner or operator lieu of bond from landowner. (1) Before must subn-dt an application on a form pro- issuing or reissuing an operating permit for vided by the department that contains infor- any surface mining operation, the department mation considered by the department to be shall require that the applicant for such pertinent in its review of the application, permit file with it a bond or security deposit, including but not limited to: conditioned upon the faithful performance of (a) The name and address of the landown- the reclamation plan and of the other require- er and the operator and the names and ad- ments of ORS 517.750 to 517.900 and subsec- dresses of any persons designated by them'as, tion (4) of 517.990 and the rules and regula- their agents for the service of process. tions adopted thereunder in a sum equal to (b) The materials for which the surface the estimated cost of the completion of the reclamation work. The applicant may deposit mining operation is to be conducted. with the department, in lieu of a bond, cash or (c) The type of surface mining to be em- other security in a sum satisfactory to the ployed in such operation. department. In no event shall such bond or (d) The proposed date for the initiation of deposit of cash or security exceed the sum of such operation. $5W per acre of land to be surface mined under the terms of the operating permit (e) The size and legal description of the therefor. The amount of the bond shall be lands that will be affected by such operation, determined by the department. and, if more than 10 acres of land will be (2) Nothing in this section shall apply to affected by such operation and if the depart@ any public or governmental agency. ment considers the conditions to warrant it, a map of the lands to be surface mined that (3) In lieu of the bond or other security shall include the boundaries of the affected required of the applicant in subsection (1) of lands, topographic details of such lands, the this section, the department may accept a location and names of all streams, roads, similar security from the landowner, includ- railroads and utility facilities within or adja- ing a mortgage or trust deed equal to the cent to such lands, the location of all proposed estimated cost of reclamation as determined access roads to be constructed in conducting by the department, not to exceed $500 per such operation and the names and addresses acre. The cost of title or mortgage insurance, of the owners of all surface and mineral or costs for title searches or examinations interests of the lands included within the necessary to insure the department's security surface mining area. shall be the responsibility of the applicant. (f) ff economically practicable, a plan for [1971 c.719 �8; 1975 c.724 �41 visual screening by vegetation or otherwise 517.820 Extensions of time for sub- that will be established and maintained on the mission of proposed reclamation plans; lands within such operation for the purpose of time limit for reclamation completion; screening such operation from the view of consultation with state agencies. (1) Upon persons using adjacent public highways, good cause shown, the department may grant public parks and residential areas. reasonable extensions of time for the comple- (2) The application referred to in subsec- tion by the landowner or operator and his tion (1) of this section must also contain a submission to the department of a proposed proposed reclamation plan that is acceptable reclamation plan required by subsection (2) of to and approved by the department. ORS 517.790. Each reclamation plan submit- [1971 c.719 �4; 1973 c.709 �2] ted to the department must provide that all 28 MINERAL RESOURCES reclamation activities shall be completed department for such reclamation plan or file within -three years after the termination of with the department a notice of appeal from mineral extraction from the surface mining the decision of the department with respect to operation conducted within each separate area such reclamation plan. If a notice of appeal is for which an operating pennit is requested. filed with the department by the applicant, Each surh reclamation plan shall be approved the department may issue a provisional per- by the department if it adequately provides mit to such applicant. for the reclamation of surface-n-iined lands. (4) An operating permit issued by the (2) The department, prior to approving a department under this section shall be grant- proposed reclamation plan, shall consult with ed for the period required to mine the land all other interested state agencies and appro- described in such permit and shall be valid, priate local planning authorities. subject to payment of the renewal fee, until [1971 c.719 �5; 1977 c.59 �21 the surface mining operation described in the 5171M Inspection of operating site; operating pen-nit is completed or abandoned. approva3d of application for operating per- Each such operating permit shall provide that mit; effect of failure to approve or refusal the reclamation plan described therein may be to apprDve reclamation plan; appeal from modified upon agreement between the depart- denial of plan; transfer of permittee's in- ment and the permittee to change the recla- terest. (I) Upon receipt of an application for mation plan included within the operating an oper, .ating permit, the department shall permit. cause the operating site described therein to (5) When a person succeeds to the interest be inspec-ted. Within 30 days after the date on Of. a. Permittee in any uncompleted surface which such application is received and upon mining operation by sale, assignment, lease or receipt of the required pen-nit fee, the depart- other means, the department shall release the ment shall issue the operating penTiit applied permittee from the duties imposed upon him for or, if it considers such application incom- under his operating permit if his successor plete, return the application to the applicant assumes fully the duties of the former permit- for correction of the deficiencies indicated by tee with respect to the reclamation of the the department. surface-mined lands. Upon the assumption by (2) Failure by the department to act upon such person of the duties of the permittee as the reclamation plan submitted with an provided in this subsection, the department application for an operating pen-nit within the shall transfer the operating permit to the 30-day period referred to in subsection (1) of successor upon the approval of such succes- this section shall not be considered a denial by sor's bond or security deposit as required the depEatment of the operating permit ap- under ORS 517.750 to 517.900 and subsection (4) of 517.990. plied for. The department, pending final [1971 c.719 �6; 1975 c.724 �51 approval of a reclamation plan, may issue a provisional permit subject to reasonable 517.840 Administration and enforce- limitations that may be prescribed by the ment of ORS 517.750 to 517.900. The board departmant and conditioned upon the appli- shall administer and enforce the provisions of cant's compliance with the bond and security ORS 517.750 to 517.900 and subsection (4) of requirements established by ORS 517.810. For 517.990 and may: all operations ongoing as of July 1, 1972, a (1)'Conduct or cause to be conducted provisional permit shall be issued except in investigations, research, experiments and those irotances where there is reason to demonstrations and may collect and dissemi- believe that a reclamation plan will not be nate inforination related to surface mining approved and the operating permit ultimately and the reclamation of surface-mined lands. denied. (3) If the department refuses to approve a (2) Cooperate with other governmental reclamation plan in the form submitted by the and private agencies of this state or of other applicant, it shall notify the applicant, in states and with agencies of the Federal Gov- writing, of its reasons for the refusal to ap- ernment, including the reimbursement for prove such reclamation plan, including addi- any services provided by such agencies to the tional requirements as may be prescribed by department at its request. the department for inclusion in such reclama- (3) Apply for, accept and expend public tion plan. Within 60 days after the receipt of and private funds made available for the such notice, the applicant shall comply with reclamation of lands affected by surface the additional requirements prescribed by the mining in accordance with the purposes of 29 MIT41NG AND MR41NG CLAIMS ORS 517.750 to 517.900 and subsection (4) of abandonment of surface mining has occurred 517.990. on any segment of the permit area, (4) In accordance with the applicable the department may perform the reclamation provisions of ORS chapter 183, adopt rules required by the reclamation plan, complete and regulations considered by the board to be such reclamation and give written notice that necessary in carrying out the provisions of the amount of the reasonably necessary costs ORS 517.750 to 517.900 and subsection (4) of and expenses so incurred is due and payable to 517.990. However, such rules and regulations the department by the permittee. In perform- shall be subject to existing rights under any ing the reclarnation under this subsection the permit, license, lease or other valid authoriza- department shall be limited to expending tion granted or issued by a governmental funds to complete the reclamation plan, but in entity. no event shall the expenditure exceed $500 (1971 c.719 �31 per acre. If the amount specified in the notice 517SM Inspection of permit area. At is not paid within 30 days following such such reasonable times as the department may notice the Attorney General, upon request of elect, the department, after reasonable ad- the department, shall institute proceedings to vance notice has been given to the permittee, recover the amount specified in the notice. may cause the permit area to be inspected to (3) If the landowner has given security as determine if the permittee has complied with provided in subsection (3) of ORS 517.810 and the reclamation plan and the rules and regu- the permittee is in default as specified in lations of the department. subsection (2) of this section, the landowner [1971 c.719 �91 shall be held responsible for complying with 517AM Failure to comply with recla- the reclamation plan of the permitee. The niation plan; notice of noncompliance; department shall furnish written notice of the performance period; extension; depart- default to the landowner and require the landowner to complete the reclamation as ment may perform work and assess costs .fied in the permittee's reclamation plan against permittee or landowner. (1) If sPec' le to the department. If the landown- from inspections conducted pursuant to ORS acceptab 517.850, or from any other source the depart, er has not commenced action to rectify the ment shall detem-iine that the permittee has deficiencies within 30 days after receiving not or is not complying with the reclamation notice, or if he fails to diligently pursue plan or the rules and regulations of the de- reclamation in conformance with the plan, the partment, it shall give written notice thereof department may complete the. reclamation to the permittee, specifically outlining the and otherwise proceed as provided in subsec- deficiencies. Within 30 days thervafter, the tion (2) of this section, or the department may permittee shall commence action to rectify bring suit to compel the landowner to com- those deficiencies and diligently shall proceed plete the reclamation plan. until they are all corrected. However, the [1971 c.719 �10; 1975 c.724 �6; 1977 c.59 �31 department may extend performance periods 517.865 Failure to faithfully perfonn for delays occasioned for causes beyond the reclarriation; insufficient bond; lien; no- permittee's control, but only when the permit- tice; priority; foreclosure. (1) If a pennittee tee is, in the opinion of the department, mak- fails to faithfully perform the reclamation ing a reasonable effort to comply. required by his reclamation plan and if the (2) (a) If the permittee has not commenced bond or security deposit required by ORS action to rectify the deficiencies within said 517.810 is not sufficient to compensate the period of time, and after notification by the department for all reasonably necessary costs department, or and expenses incurred by it in performing the (b) If the permittee has commenced such reclamation required by the reclamation plan, action and fails to diligently pursue it, or the amount due, not to exceed $500 per acre, shall be a lien in favor of the dbpartment upon (c) If reclamation is not properly complet- all property, whether real or personal, belong- ed in conformance with the reclamation plan ing to the permittee. within three years after surface mining on (2) The lien shall attach upon the filing of any segment of the permit area has terminat- a notice of claim of lien with the county clerk ed,or of the county in which the property is located. (d) If reclamation is not properly complet- The notice of lien claim shall contain a true ed in conformance with the reclamation plan statement of the demand, the insufficiency of upon determination by the department that the bond or security deposit to compensate the 30 MINERAL RESOURCES department and the failure of the permittee to provide for the completion of the reclamation perform the reclamation required. of the lands affected by such operation. [1971 c.719 �121 (3) The lien a7,@"ted by this section is prior to all o1her liens and encumbrances, except 517.890 Appeals. Appeals from deter- that the! lien shall have equal priority with minations made by the department in carry- tax liens. ing out the provisions of ORS 517.750 to (4) The lien created by this section may be 517.900 and subsection (4) of 517.990 and the foreclosed by a suit in the circuit court in the rules and regulations adopted thereunder manner provided by law for the foreclosure of shall be conducted in the manner provided by other liens on rval or personal property. the applicable provisions of ORS chapter 183 1975 c. MI �81 for appeals from orders in contested cases. [1971 c.719 �131 517.870 Adjustment of bond or secu- 517.900 Information submitted by rity dermosit of permittee upon satisfactory operators and landowners is confidential. comple6on of reclamation work. Upon Oper-ators' reports and other infon-nation request of the permittee, and when in the submitted by operators and landowners as judgment of the department the reclamation required under ORS 517.750 to 517.900 and has been completed in accordance with the subsection (4) of"517.990, with the exception reclamation plan, the permittee shall be of the reclamation plan as approved by the notified that the work has been found to be department, shall be confidential. satisfactorily performed and is accept-able and [1971 c.719 �141 his bond. or security deposit shall be adjusted accordin.gly. [1971 c.719 �111 PENALTIES 517JW Order for suspension of sur- 517.990 Penalties. (1) A person who face mining operation operating without violates ORS 517.450 shall be guilty of theft requireil permit; enjoining operation and punished as provided in ORS 164.045 or upon faBure of operator to comply; com- 164.055. pletion of reclamation by department. (2) Violation of any rules, regulations and When the department finds that an operator orders made pursuant to subsection (4) of ORS is conducting a surface mining operation for 517.540 is punishable, upon conviction, by a which an operating permit is required by ORS fine of not less than $25 nor more than $250, 517.750 to 517.900 and subsection (4) of or by imprisonment in the county jail for not 517.990, but has not been issued by the de- more than 60 days, or both. partment under the provisions of ORS 517.750 (3) Any person conducting a dredging to 517.900 and subsection (4) of 517.990 or by the rules and regulations adopted thereunder, operation in violation of the provisions of ORS it may order such operator to suspend such 517.611 to 517.700 is guilty of a misdemeanor. operation until an operating permit has been (4) Any landowner or operator who shall issued by the department for such surface conduct a surface mining operation, for which mining Operation or until such time as the a permit is required by ORS 517.750 to department is assured that such operator will 517.900 and this subsection, without a valid comply therewith. If the operator fails or operating permit therefor shall be punished, refuses to comply with such order, the Attor- upon conviction, by a fine of not more than ney General at the request of the department $1,000. shall initiate any necessary legal proceeding [Amended by 1953 c.188 �2; subsection (3) enacted as to enjoin, such surface mining operation and to 1957 c,580 �11; 1971 c.743 �398; subsection (4) enacted as 1971 c.719 �181 31 STATE DEPARTMENT Of GEOLOGY AND MINERAL INDUSTRIES Identification Xo. 1129 SE South Santiam Road Albany, Oregon 97321 Off ice,Use Only Telephone: 967-2039 APPLICATION FOR OPERATING PER:.',IT OR GRANT OF UNDER ORS 517-750 - 990 1. Responsible Parties 2. Identification of Site A. Operator A. 1,-3ec. section Township Range Co@inty Nam e Street or Box No. Distance in Direction Nearest miles from Community city. State Zi - Telephone Type of site: D 1. Pit 0 5. Prospect 3. Landowner (Lt other than operator) (Chpck all D 2. Stockpile 0 6. Refuse Disposal Name that apply) [] 3. Plant D 7. Other 3treet or Box No. [1 4. C)uarry city State 4. Application is hereby made for. (cooplete only one - see Zip - __________jelephon- instructi ons) A. Operating permit - operator clains no exemptions 3. KINERAL DEPOSIT CHARACTEPISTICS I apply for a surface mining operating permit under A. Descrip*ion ORS517-7c)o (signature) Title date Type of overburden B. Grant of limited exemption based on: (check one or both) Approximate depth of overburden Apprcxi.,:@ate depth of mine- 0Prior mined ORS 517.770-la Primary mineral to'be removed 0 Ve. @ORS 517.770-lc@ I apply for a grant of limited exemption from the Eszi3ated quantity of mineral (yardsj requirement for a reclamation plan and bond, but not B. Size the fees Signature Date Title Size ir acres of any areas presently affected by 0. Grant of total exemotion. surface mining How much of the above was affected I apply for a grant of total exempticn from the require- before 7/l/72 ments of a re_-1a7_qtion plan, Lend, and the fees under ORS 517.7@@0(12) and 517.770 (2) because: before 7/l/75 C] 1. All mining activity akes place between the Has any of @he above area been reclaimell banks cf a strea=. (The vegetation ii-ne If yes, how much and wnen' defines the bank). A-.proxisale acreage to be affected ty surface 0 2. Access road's borrow pit or quarry. Mining during the ensuing 12 months 0 3. On-site construction. C. VLlune 4. Theo:ite is less than one acre, and 7otal CubiC yards excavated 7/1/72 @o date a t al of less than 2,500 cubic yards of material have been, or will be, removed. Burtn_r en@-uinS peni-tit year. what is the sc@@eluled 0 6. The stte is inactive. @ctal cubaC yards to be excavated 7. Other 1), Status date 0 Active Date mining began (signature) i@tle 0 :nactive Date min'ng will '@ven though entitled to exemptic;ns as shown above, a rec!A-ation plan is su 0 new begin bn4'te@ vcluntarily. Yes. No. If more 'than 5Q cubic yards c@ ma,@er;.al a@e To be removed or ;laced in fill w:.thin the bed ans banks of a natural wat-@rway, a pel-mit from the Division of State Lands, 144;,; State Street, Zalem, rJregcn 97310, telephcne: 376-380@, is required. *INFORi&.TIOI%' TO BE CONSIDERED CONFIDENTIAL (ORS 517-900) _9"-1 071476 DiSTRUCTIONS FOR COKPLE?DiG THIS FORM APEE ON REVERSE SIDE 32 DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES MINED LAND RECLAMATION DIVISION RECLAMATION PLAN GUIDELINE A. NAME, ADDRESS AND TELEPHONE NUMBER OF THE OPERATOR OR HIS AGENT: B. NAME AND ADDRESS OF LANDOWNER: C. LIST OF KNOWN MATERIALS FOR WHICH THE OPERATION IS TO BE CONDUCTED: 1. PROPOSED STARTING DATE: 2. PROPOSED ENDING DATE (IF KNOWN): D. OPP-RATIONAL PLAN: 1. METHOD TO BE EMPLOYED: a. SINGLE BENCH c. DREDGE b. MULTIPLE BENCH d. OTHER 2. TYPES OF EQUIPMENT TO BE USED: 3. DISPOSITION OF OVERBURDEN: E. WHAT WILL BE THE PLANNED SUBSEQUENT "BENEFICIAL USE" OF THE PERMIT AREA? THIS CAN INCLUDE, BUT IS NOT LIMITED TO, CONSTRUCTION SITE, SANITARY LAND FILL, PARK, WATER IMPOUNDMENT, AGRICULTURAL USE (BE SPECIFIC, EXAMPLE: GRAZING LAND, CROP TO BE PLANTED, ETC.), FOREST LAND. SMLR-16 072776 F.1. N Reclamation will begin 33 days following completion of mining. b Reclamation will be concurrent with mining. _ yes --- ----no F. 2. PROVISION FOR RECLAIMING MINED LANDS ON A CONTINUING BASIS WHERE FEASIBLE. G. RECLAKATION PROCEDURES 1. WHAT WILL YOU DO TO INSURE GROUND STABILITY? 2. PROVISION FOR REVEEGETATION. OvIinimal survival rate is 75@' uniformly distributed.) (a) HOW WILL YOU SAVE AND STORE TOPSOIL? (b) WHAT 1,1EASURES WILL YOU TAKE TO PREVENT EITHER WIND OR WATER EROSION OF TOPSOIL DURING STORIAGE? (c) WHAT WILL B33 THE AVERAGE DEPTH OF TOPSOIL REPLACED ON THE AREA TO BE RECLAIMED. (d) HOW WILL YOU PREPARE SEED BED PRIOR TO PLANTING? (e) WHAT TYPES AND PJAOUNTS OF GRASS SEED WILL YOU USE PER ACRE AND HOW WILL THIS BE PLANTIED? (f) WHAT TYPES AND AMOUNTS OF FERTILIZER, MU-LCH, AND LIME WILL YOU USE? (g) WHAT TYPES AND AMOUNTS OF SEEDLINGS AND SHRUBS WILL YOU PLANT? (h) WHEN WILL SEEDING AND PLANTING TAKE PLACE? (SEASON OF YEAR) 34 H. WATER AND DRAINAGE (a) WHAT PROVISION WILL YOU TAKE TO INSURE PROPER DRAINAGE? (b) WHAT PROVISION HAS BEEN TAKEN FOR SILT CONTROL? (c) IF WATER IMPOUNDMENT IS TO BEE LEFT, SEE PAGE 6. I. VISUAL SCREENING (a) WILL YOU EMPLOY VISUAL SCREENING? (IF NO, EXPLAIN) (b) WHAT TYPES AMOUNTS OF PLANTS ",ILL YOU USE? (c) WHAT WILL BE THE SPACING BETWEEN PLANTS? J. PROVISION FOR REMOVING STRUCTURES, EQUIPMENT, AIM REFUSE FROM THE, PERMIT AREA IN ACCORDANCE WITH THE RECREATION PLAN. K. MAP OF AERIAL PHOTO REQUIREMENTS (a) WILL AREA PHOTO BE SUBMITTED? YES NO SCALE (b) MAP(S) REQUIREMENTS. THE MAP SHOULD SHOW, BUT IS NOT LIMITED TO: (1) SCALE- 1" = 400 1 to 600 1 (2) NORTH SHALL BE INDICATED (3) QUARTER SECTION, SECTION, TOWNSHIP AND RANGE (4) DISTANCE AND DIRECTION TO NEAREST MUNICIPALITY (5) LOCATIONS AND NAMES OF ALL STREAMS, ROADS, RAILROADS, UTILITIES 35 (6) LOCATION AND NAMES OF ADJACENT LANDOWNERS (7) ALL OCCUPIED HOUSES WITHIN 500 FEET (8) LOCATION OF ALL PROPOSED ACCESS ROADS (9) LOCATION OF PLANT, OFFICE AND MAINTENANCE FACILITIES (10) SHOW BOUNDARIES OF AREA TO BE PERMITTED (11) TYPICAL CROSS-SECTION OF PRESENT GROUND LINE AND PROJECTED GROUND LINE AFTER RECLAMATION (12) CONTOUR INTERVAL, DATE OF MAP PREPARATION, NAME OF A PERSON PREPARING MAP. (13) AREA FOR TOPSOIL STORAGE, WASTE DISPOSAL (14) A SEPARATE MAP SHOWING GENERAL LOCATION OF THE OPERATING AREA (NOT LARGER THAN 81/2" x 11") (c) A REVISED MAP MAY BE REQUIRED ANNUALLY L. IF APPLICABLE , WHAT PROVISIONS HAVE BEEN MADE FOR STREAM CHANNEL, BANK STABILIZATION AND REHABILITATION? M. EVIDENCE, IN WRITTEN FORM, STATING THAT ALL OWNERS OF LEGAL, EQUITABLE, FIDUCIARY OR POSSESSORY INTEREST IN TIC, LAND CONCUR, WITH TEE PROPOSED SUBSEQUENT USE FOR ANY MINING OPERATION COMMENCING SUBSEQUENT TO JULY 1, 1972. N. OTHER PERMITS IF APPLICABLE: DIVISION OF STATE LANDS NO. DATE DEPARTMENT OF ENVIROMENTAL QUALITY NO. DATE COUNTY USE PEP-MIT NO. DATE OTHER (IDENTIFY) 0. OTHER COMMENTS: (SIGNATURE OF APPLICANT) TITLE DATE 36 WATER IMPOUNDMENTS (1) HOW LARGE WILL THE SURFACE AREA BE, IN ACRES? (2) WHAT PROVISIONS HAVE BEEN MADE FOR PUBLIC SAFETY? (3) WHAT PROVISIONS HAVE YOU MADE TO PREVENT WATER STAGNATION? (4) WHAT IS THE WATER SOURCE FOR THE IMPOUNDMNT? (5) WILL THERE BE PUBLIC ACCESS FOR FISHING? 37 INSTRUCTIONS-FOR CROSS-SECTION 1. THE TWO EXAMPLES SHOWN ARE "TYPICAL" CROSS-SECTIONS OF A WATER IMPOUNDMENT LEFT AFTER EXCAVATION IS COMPLETE. 2. IF ONE OF THE PLANS SHOWN IS TO BE USED, PLEASE INDICATE WHICH ONE AND PROVIDE THEE FOLLOWING INFORMATION ON THE PLAN SELECTED. YOU DO NOT HAVE TO RE-DRAW THE CROSS-SECTION. A. SURFACE ELEVATION TO THE NEAREST 5 FEET. B. SLOPE OF THE BANK (MAXIMUM IS 2:1 OR 27 O ). C -G. THE DIMENSIONS IN FEET. Typical Cross - Section[s] of Water Impound TYPE I A.SURFACE ELEVATION HIGH WATER C D B, SLOPE LOW WATER E F G A, SURFACE ELEVATION TYPE II HIGH WATER C LOW WATER D E B,SLOPE G 1 38 1 1 1 1 1 I I I I I I I I I I I I I 39 APPENDIX B State Statutes 390.655 and 390.725 Permit Application@-Removal, of Sand, Rock, Minerals, Marine Growth or Other Natural Products of the Oregon Shore 40 PARKS; RECREATION PROGRAMS; WATERWAYS; TRAILS 579 390.655 Standards for improvement (3) On request of the governing body of permits. The State Highway Engineer shall any coastal city or county, the Department of consider applications and issue permits under Transportation may grant a permit for the ORS 390.650 in accordance with standards removal of sand or rock from the area at designed to promote the public health, safety designated locations on the ocean shore to and welfare and carry out the policy of ORS supply the reasonable needs for essential 390.610, 390.620 to 390.660, 390.680, 390.690, construction uses in such localities if it al>- and 390.705 to 390.770. The standards shall pears sand and rock for such construction are be based on the following considerations, not otherwise obtainable at reasonable cost, among others: and if such removal will not materially alter the physical characteristics of the area or (1) The public need for healthful, safe, adjacent areas, nor lead to such changes in esthetic surroundings and conditions; the subsequent seasons. Before issuing a permit natural scenic, recreational and other re- the department shall likewise take into con- sources of the area; and the present and sideration the standards described by ORS prospective need for conservation and develop- 390.655. The department may grant a permit ment of those resources. to take and remove sand, rock, mineral or (2) The physical characteristics or the marine growth from the area at designated changes in the physical characteristics of the locations. The department shall also issue area and suitability of the area for particular permits to coastal cities or counties to remove uses and improvements. or authorize removal of sand from the ocean shore, under the standards provided by ORS (3) 'Me land uses, including public recrea- 390.655, if the city or county determines that tional use if any, and the improvements in the the sand accumulation on the ocean shore area, the trends in land uses and improve- constitutes a hazard or maintenance problem ments, the density of development and the to the city or county. property values in the area. (4) The terms, royalty and duration of a (4) The need for recreation and other permit under this section are at the discretion facilities and enterprises in the future devel- of the department. A permit is revocable at opment of the area and the need for access to any time in the discretion of the department particular sites in the 4ea. without liability to the permittee. [1969 c.601 �111 (5) Whenever the issuance of a permit under this section will affect lands owned privately, the Department of Transportation shall withhold the issuance of such permit until such time as the permittee shall have 390.725 Permits for removal of prod- obtained an easement, license or other written ucts along ocean shore. (1) No sand, rock, authorization from the private owner, which mineral, marine growth or other natur-al easement, license or other written authority product of the ocean shore, other than fish or must meet the approval of the department, wildlife, agates or souvenirs, shall be taken except as to the compensation to be paid to the bed by private owner. from the state recreation areas descri [1969 c.601 �231 ORS 390.635, except in compliance with a rule 390.730 [Formerly 274.090; 1969 c.601 �18; renum- of or permit from the Department of Trans- bered 390.6681 portation as provided by this section. Permits shall provide for the payment of just compen- 390.735 [1969 c.601 �25; repealed by 1973 c.642 �131 sation by the permittee as provided in subsec- 390.740 [ForTnerly 274.100; renumbered 390.6651 tion (5) of this section. 390.750 [Formerly 274.110; 1969 c.601 �19; renum- (2) Rules or permits shall be made or bered 390.6851 granted by the Department of Transportation only after consultation with the State Fish and Wildlife Commission, the State Depart- ment of Geology and Mineral Industries and the Division of State Lands. Rules and per- rnits shall contain provisions necessary to protect the areas from any use, activity or practice inimicable to the conservation of natural resources or public recreation. 41 STATE OF OREGON - PERMIT APPLICATION REMOVAL OF SAND, ROCK, MINERALS, MARINE GROWTH OR OTHER NATURAL PRODUCTS OF THE OCEAN SHORE Department of Transportation (DOT) Name & Mailing Address of Applicant Aerial Map 2. Location of Material: Section Township_______Jange_W.M. Reference 3. Description and Amount of Material to be removed 4. Purpose of Removal Any permit application for the removal of sand or rock to be used for construction purposes must be accompanied by a letter from the appropriate unit of local city or county government requesting that a permit be granted and certifying that: (a) The sand or rock is essential to meet the reasonable needs for essential construction uses in the area; (b) The sand or rock for such construction is not otherwise obtainable at reasonable cost; and (c) The removal of the sand or rock will not materially alter the physical characteristics of the area or adjacent area, nor lead to such subsequent changes in subsequent seasons. 5. Method of removal and equipment involved: 6. Location of the removal site must be plainly delineated on the ground for inspection. Please give name, address, and telephone number of the person who is to be contacted to give assistance. Name Address Phone 7. Month Year ; Month Year Estimated dat; of the'starting and completion of project. 8. The following items are to be included with the permit application: A. Copy of deeds or other documents showing ownership and legal description or easement, license or other written authorization from owner(s) of lands from which the material is to be removed. B* Plot plan showing detailed location of proposed removal site in relation to property boundaries and beach zone line. Note: Data on beach zone line available in the County Courthouse or from the Region Parks Office. This application will be reviewed for consistency with the Statewide Planning Goals and/or acknowledged local comprehensive plan and also against the Beach Improvement Standards and comments received from DOT notification review. 9. Signature of Applicant Date FOR OFFICE USE Application Received By: Regional Park Supervisor Comments: n 1 @77 A I A r 0 42 1 1 1 1 1 1 1 1 1 1 1 1 I I I I I I I 1 43 1 1 1 1 1 APPENDIX C I I I I I Cooperative Regional Planning Processes developed by the I National Parks Service I I I I I I I 44 "COOPERATIVE REGIONAL PLANNING "The plans of outside agencies and interests affect and are affected by proposed actions within units of the National Park System. Cooperative planning, therefore, is needed to integrate the park into its regional environment and to ensure that potential conflicts between interdependent actions are minimized or eliminated. "Joint agency planning may be undertaken when a park is adjoined by Indian reservations, other Federal lands, State lands, or lands subject to State, regional or local planning or regulation. Formal written agreements to establish joint planning efforts with planning agencies and other governmental agencies shall be negotiated where appropriate. "Cooperative planning on specific proposals will be done to ensure that various points of view are considered in formulating proposals and that potential sources of conflict are discovered and, if possible, resolved. Cooperative planning normally will be accomplished utilizing periodic informal workshops in which park planners and representatives of affected interests can frankly discuss matters of mutual concern. "SHORELINE PROCESSES "In natural zones, shoreline processes--erosion, deposition, dune formation, inlet formation, etc.--will be allowed to take place naturally, except where control measures, required by law or Service commitment, are necessary to protect life and property in neighboring areas. "In historic zones, control measures, if necessary, will be predicated on thorough studies taking into account the nature and velocity of the shoreline processes, the threat to the cultural resource, the significance of the cultural resources, and alternatives, including costs, for protecting the cultural resource. Such studies must also determine if and how control measures would impair resources and processes in natural zones, in order that management may make an informed decision on the course of action to be followed. "In development zones, management should plan to phase out, systemat- ically relocate, or provide alternative developments to facilities located in hazardous areas that cannot be reasonably protected. New developments will not be placed in areas subject to flood or wave erosion or active shoreline processes unless it can be demon- strated that they are essential to meet the park's purpose, that no alternative locations are available, and that the development will be reasonably assured of surviving during its planned lifespan without the need of shoreline control measures. Before development 45 in such areas is provided the requirement of Executive Order 11968, 'Floodplain Management' must be fulfilled. "Where erosion control is required by law, or where present developments must be protected to achieve park management objectives, the Service will employ the most natural appearing and effective method feasible. "Most shoreline areas of the National Park System are part of larger physiographic systems, and the processes of these larger systems directly affect the management of those NPS areas contained therein. Therefore, the Service shall seek to obtain the assistance of appropriate Federal, State and local agencies in carrying out the management objectives of NPS shoreline areas. "The Service will cooperate with State and other Federal entities to develop strategies for maintaining existing transportation and utility links on barrier islands in the event of storm damage or inlet formation. "Where these links are interrupted by inlet formation, the Service will recommend, within the limits of practicality, reestablishment in a manner that allows the unimpeded operation of inlet formation and closures. "Where navigation channels are established in NPS waters, the Service will work with the responsible agency to see that necessary dredging is carefully controlled and that dredged material is disposed of in such a manner as to have the least adverse impact on the aquatic ecosystem and to optimize the value of spoil deposit as wildlife habitat." U. S. National Park Service, 1978 pp. 11-5, IV-22, and IV-23 I I I I I I I I 11 I I I I I I I -11181111MIN 1 3 6668 00001 1322 1 1,