OAR 629-625-0200: Road Location

(1) The purpose of this rule is to ensure roads are located where potential impacts to waters of the state are minimized and hydrologic connectivity between roads and waters of the state is reduced to the maximum extent practicable. (2) When locating roads, operators shall designate road locations which minimize the risk of materials entering waters of the state and minimize disturbance to channels, lakes, wetlands, and floodplains. (3) Critical Locations . Operators shall avoid locating roads in critical locations. When alternate routes that avoid critical locations are not legally feasible due to ownership boundaries or other legal impediments , physically feasible due to safety considerations, or would have a greater environmental risk, operators may locate roads in critical locations, consistent with sections (4) and (5) of this rule. Critical locations include: (a) High landslide hazard locations. If there is public safety exposure, then the practices described in OAR 629-623-0400 through 0800 shall also apply. (b) Slopes over 60 percent with decomposed granite-type soils. (c) Within 50 feet of stream channels or lakes, excluding crossings and approaches to crossings. (d) Within significant wetlands as described in OAR 629-600-0100 , stream-associated wetlands as described in OAR 629-600-0100 , or other wetlands greater than 0.25 acres in size. (e) Any active stream channel, exclusive of stream crossings in compliance with OAR 629-625-0320. (f) Locations parallel to, and within a riparian management area for a distance exceeding a cumulative 500 feet of road length measured from the first point of entry into the riparian management area to the last point of exit from the riparian management area, exclusive of stream crossings in compliance with OAR 629-625-0320. (g) High landslide hazard locations where rock is likely to be highly sheared or otherwise unstable so that it is not possible to excavate a stable cutslope. If such a cutslope failure may divert road surface drainage to a high landslide hazard location and could trigger a debris flow below the road with potential for delivery to a stream, that road shall not be constructed unless the operator demonstrates that the cutslope can be stabilized by buttressing or other means. (h) Locations cutting through the toe of active or recently active deep-seated landslide deposits and where a reactivated landslide would likely enter waters of the state. (i) Highly dissected, steep slopes where it is not possible to fit the road to the topography with full bench end haul construction. (4) Critical Locations Written Plan. All written plans for road construction in critical locations shall be reviewed on site and reviewed by the State Forester with consultation from a qualified professional as appropriate for the site, including, but not limited to, the department, Department of Environmental Quality, and Department of Fish and Wildlife. Onsite review and consultation must occur within 14 days from the date the written plan was received, otherwise the operator may continue with operations, consistent with the written plan and consistent with written plan review timelines in ORS 527.670(10) and OAR 629-605-0170(10) and (11). (5) Operators must outline all road construction in critical locations in a written plan. The written plan shall include a narrative describing why alternative routes are not feasible or would have greater environmental risk. (6) Operators shall minimize the number of stream crossings. (7) To reduce the duplication of road systems and associated ground disturbance, operators shall make use of existing stable and functioning roads where practical. Where roads traverse land in another ownership and will adequately serve the operation, operators shall investigate options for using those roads before constructing new roads. Operators who submit notifications that include new road construction shall affirm that options, if they exist, were investigated.