Or. Admin. Code § 345-022-0090 - Historic, Cultural and Archaeological Resources
(1) Except for
facilities described in sections (2) and (3), to issue a site certificate, the
Council must find that the construction and operation of the facility, taking
into account mitigation, are not likely to result in significant adverse
impacts to:
(a) Historic, cultural or
archaeological resources that have been listed on, or would likely be listed on
the National Register of Historic Places;
(b) For a facility on private land,
archaeological objects, as defined in ORS
358.905(1)(a),
or archaeological sites, as defined in ORS
358.905(1)(c);
and
(c) For a facility on public
land, archaeological sites, as defined in ORS
358.905(1)(c).
(2) The Council may issue a site
certificate for a facility that would produce power from wind, solar or
geothermal energy without making the findings described in section (1).
However, the Council may apply the requirements of section (1) to impose
conditions on a site certificate issued for such a facility.
(3) The Council may issue a site certificate
for a special criteria facility under OAR
345-015-0310 without making the
findings described in section (1). However, the Council may apply the
requirements of section (1) to impose conditions on a site certificate issued
for such a facility.
(4) To assist
the Council in determining whether the standard outlined in (1) through (3) has
been met, the Applicant must submit information about historic, cultural and
archaeological resources. Information concerning the location of archaeological
sites or objects may be exempt from public disclosure under ORS
192.345(11).
The applicant must submit such information separately, clearly marked as
"confidential," and shall request that the Department and the Council keep the
information confidential to the extent permitted by law. The applicant must
include information in this exhibit or in confidential submissions providing
evidence to support a finding by the Council as required by OAR
345-022-0090, including:
(a) Historic and cultural resources within
the analysis area that have been listed, or would likely be eligible for
listing, on the National Register of Historic Places;
(b) For private lands, archaeological
objects, as defined in ORS
358.905(1)(a),
and archaeological sites, as defined in ORS
358.905(1)(c),
within the analysis area;
(c) For
public lands, archaeological sites, as defined in ORS
358.905(1)(c),
within the analysis area;
(d) The
significant potential impacts, if any, of the construction, operation and
retirement of the proposed facility on the resources described in subsections
(a), (b), and (c) and a plan for protection of those resources that includes at
least the following:
(A) A description of any
discovery measures, such as surveys, inventories, and limited subsurface
testing work, recommended by the State Historic Preservation Officer or the
National Park Service of the U.S. Department of Interior for the purpose of
locating, identifying and assessing the significance of resources listed in
subsections (a), (b), and (c);
(B)
The results of the discovery measures described in paragraph (A), together with
an explanation by the applicant of any variations from the survey, inventory,
or testing recommended;
(C) A list
of measures to prevent destruction of the resources identified during surveys,
inventories and subsurface testing referred to in paragraph (A) or discovered
during construction; and
(e) The applicant's proposed monitoring
program, if any, for impacts to historic, cultural and archaeological resources
during construction and operation of the proposed facility.
Notes
Statutory/Other Authority: ORS 469.470 & 469.501
Statutes/Other Implemented: ORS 469.501
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) Except for facilities described in sections (2) and (3), to issue a site certificate, the Council must find that the construction and operation of the facility, taking into account mitigation, are not likely to result in significant adverse impacts to:
(a) Historic, cultural or archaeological resources that have been listed on, or would likely be listed on the National Register of Historic Places;
(b) For a facility on private land, archaeological objects, as defined in ORS 358.905(1)(a), or archaeological sites, as defined in 358.905(1)(c); and
(c) For a facility on public land, archaeological sites, as defined in ORS 358.905(1)(c).
(2) The Council may issue a site certificate for a facility that would produce power from wind, solar or geothermal energy without making the findings described in section (1). However, the Council may apply the requirements of section (1) to impose conditions on a site certificate issued for such a facility.
(3) The Council may issue a site certificate for a special criteria facility under OAR 345-015-0310 without making the findings described in section (1). However, the Council may apply the requirements of section (1) to impose conditions on a site certificate issued for such a facility.
Notes
Statutory/Other Authority: ORS 469.470 & 469.501
Statutes/Other Implemented: ORS 469.501