justicedao/ipfs_state_laws huggingface dataset:
632-037-0035 Notice of Intent (1) A prospective applicant shall file with the Department a notice of intent to submit a consolidated application. The notice shall include the following information: (a) Name and location of the proposed mining operation, including a legal description of an area that fully encompasses the proposed boundary of the permit area and a general description of the proposed boundary of the permit area; (b) Name, mailing address and phone number of the prospective applicant; (c) The legal structure (e.g., corporation, partnership, individual) of the applicant as filed in the business registry with the Secretary of State and the legal address of the applicant. (d) Brief description of the proposed mining operation. (2) Within ten days of the filing of a notice of intent, the prospective applicant shall post a copy of the notice at each common access point and on four posts, one post at each of the four cardinal headings (north, south, east and west) along the proposed boundary of the permit area. For the purposes of this section, "common access points" shall include but not be limited to roads and trails as shown on such documents as state and county road maps and quadrangles prepared by the United States Geological Survey. (3) Upon receipt of a notice of intent, the Department shall: (a) Provide public notice in accordance with OAR 632-037-0030. The notice shall include the information contained in the notice of intent and information on how a person may be added to the master list; (b) Activate a project coordinating committee for the proposed mining operation and coordinate the participation of committee members and the prospective applicant in the activities of the project coordinating committee; (c) Activate a technical review team; and (d) Inform the prospective applicant of the names and contact persons for all permitting and cooperating agencies that will be participating in the consolidated application process. Statutory/Other Authority: ORS 517.750 - 517.995 Statutes/Other Implemented: ORS 517.958 & 517.961 History: DGMI 1-2014, f. & cert. ef. 4-2-14 GMI 2-1991, f. & cert. ef. 10-11-91
632-037-0040 Notice of Prospective Applicant’s Readiness to Collect Baseline Data (1) When a prospective applicant is ready to begin collecting baseline data for a proposed mining operation, the applicant shall notify the Department. The notice shall include a proposed baseline data collection work plan. A work plan by discipline shall include: (a) Data collection methodologies by discipline; (b) Area of study; and (c) Timing and duration of baseline data collection and verification. (2) Upon receipt of a notice of a prospective applicant's readiness to begin collecting baseline data, the Department shall provide public notice that the applicant is ready to begin collecting baseline data and identify the location(s) where additional information may be obtained or reviewed. (3) Within 30 days after receiving a notice, the Department shall conduct two public information meetings. One public meeting shall be conducted in the population center closest to the proposed mining operation and one public meeting shall be conducted in a major population center for the state, as determined by the Department. If the major population center for the state is the same as the population center closest to the proposed mining operation, the Department may conduct only one public information meeting. (4) The Department shall accept written comments from the public and affected agencies for 45 days after receiving the notice. (5) The purposes of the public information meetings and public comment period in sections (3) and (4) of this rule shall be to: (a) Identify issues raised by the proposed mining operation; and (b) Receive information from the public, including information related to the collection of baseline data that is relevant to the characterization of the pre-mine environment and the evaluation of a consolidated application for a proposed mining operation in order to assist the Department and the permitting and cooperating agencies. Statutory/Other Authority: ORS 517.750 - 517.995 Statutes/Other Implemented: ORS 517.958 & 517.969 History: DGMI 1-2014, f. & cert. ef. 4-2-14 GMI 2-1991, f. & cert. ef. 10-11-91
632-037-0045 Content The applicant shall submit to the Department a consolidated application that includes but is not limited to the following sections: (1) General Information; (2) Existing Environment – Baseline Data; (3) Operating Plan; (4) Reclamation and Closure Plan; (5) Alternatives Analysis. Statutory/Other Authority: ORS 517.750 - 517.995 Statutes/Other Implemented: ORS 517.971 History: DGMI 1-2014, f. & cert. ef. 4-2-14 GMI 2-1991, f. & cert. ef. 10-11-91
632-037-0050 General Information The General Information section of a consolidated application shall include but not be limited to the following: (1) The name, mailing address and phone number of the applicant and a registered agent for the applicant. (2) The name(s) and address(es) of all owners of the surface and mineral estate. (3) The legal structure (e.g., corporation, partnership, individual) of the applicant as filed in the business registry with the Secretary of State and the legal address of the applicant. (4) The proposed starting date and expected life of the proposed mining operation. (5) The name and location of the proposed facility. (6) The location of existing and proposed roads. (7) Appropriate maps, aerial photographs, cross sections, plans, design drawings and documentation of appropriate scale may be required by the technical review team. The applicant may contact the technical review team for recommendations regarding scale and amount of detail required. The applicant may be required to submit extra copies of materials to be circulated to other agencies. Information that may typically be required on maps, aerial photographs or design drawings includes but is not limited to: (a) Permit area lateral extent and proposed depth of excavation; (b) Mine location; (c) Waste rock, ore storage, subgrade ore or overburden stockpile locations; (d) Processing facility locations; (e) All other facility locations; (f) Topsoil stockpile locations; (g) Typical cross sections, including but not limited to, the pit, major facilities, cut and fill slopes and other disturbed areas; (h) Plan views and profiles, including but not limited to, the pit, major facilities, cut and fill slopes and other disturbed areas; (i) Existing watercourses and ponds; (j) Interim watercourses and ponds; (k) Reconstructed watercourse and ponds; (l) Proposed post-mining topography; (m) Property lines; (n) General ore body location and area extent. (8) Written evidence that the surface estate and mineral estate owners concur with the proposed reclamation plan and that they will allow the Department access to complete reclamation within the permit area if the permittee fails to comply with the approved reclamation plan. If the applicant can document a legal right to mine without the consent of the surface owner, and the applicant can ensure that the Department will have a right to enter upon the permit area to complete the reclamation within the permit area if the permittee fails to complete the approved reclamation plan, the Department may issue an operating permit. If the proposed mine is located on federal land, the requirement of this section can be satisfied by documentation from the federal government verifying that the land is open to mineral exploration and development. Statutory/Other Authority: ORS 517.750 - 517.995 Statutes/Other Implemented: ORS 517.971 History: DGMI 1-2014, f. & cert. ef. 4-2-14 GMI 2-1991, f. & cert. ef. 10-11-91
632-037-0055 Existing Environment — Baseline Data The Existing Environment — Baseline Data section of a consolidated application shall include but not be limited to the following: (1) Baseline data that describes the environmental, socioeconomic, historical, and archaeological conditions of the study area, and the land use designations and special use designations in the study area. Such information shall include, but not be limited to, description of the following: (a) Vegetation; (b) Soil/overburden; (c) Climate/air quality; (d) Fish, fish habitat and aquatic biology; (e) Wildlife and wildlife habitat; (f) State or federally listed threatened or endangered species and habitat and state sensitive species and habitat; (g) Surface and groundwater; (h) Seismicity; (i) Geology and geologic hazards; (j) Mineralogy and chemistry; (k) Noise; (l) Existing land use and land use designations; (m) Cultural/historical resources; (n) Archaeological resources; (o) Socioeconomic conditions; (p) State scenic waterways designated under ORS 390.805 {to} 390.925 and federal wild, scenic or recreational rivers designated under 28 U.S.C. 1271 {to} 1287; and (q) Identification of special natural areas designated by the state or federal government, including but not limited to the following: (A) Areas designated as areas of critical environmental concern as defined by the Federal Land Policy and Management Act, 43 U.S.C. 1700 et seq.; (B) Research natural areas as defined by the National Forest Management Act of 1976, Public Law 94-588 as amended; (C) Outstanding natural areas as defined by 43 CFR 2070; and (D) Areas designated by the Oregon Natural Heritage Plan established under ORS 273.576. (2) The level of detail required in section (1) of this rule may vary depending upon the location, size, scope and type of mining operation. The applicant should consult with the Department and the technical review team to determine the level of detail necessary for the applicant's proposed mining operation; (3) The Department and the technical review team shall coordinate with appropriate federal agencies that have similar baseline data requirements, to avoid duplication for the applicant. Statutory/Other Authority: ORS 517.750 - 517.995 Statutes/Other Implemented: ORS 517.971 History: DGMI 1-2014, f. & cert. ef. 4-2-14 GMI 2-1991, f. & cert. ef. 10-11-91
632-037-0070 Reclamation and Closure Plan The Reclamation and Closure Plan section of a consolidated application shall include but not be limited to the following provisions for the protection of public health, safety, and the environment: (1) Procedures for the salvage, storage and replacement of topsoil or acceptable substitute. (2) Provisions for recontouring, stabilization and topsoil replacement of all disturbed areas, where appropriate. (3) Provisions for the revegetation of all disturbed areas consistent with the establishment of a self-sustaining ecosystem, comparable to undamaged ecosystems in the area of the mine. This shall include but not be limited to seedbed preparation, mulching, fertilizing, species selection, seeding planting rates and schedules. If applicable, the applicant shall include a plan for control of noxious weeds as identified by the Department of Agriculture. (4) Characterization and management plan for all wastes, including quantity and quality. (5) Provisions for specifying adequate setbacks from adjacent property boundaries and from surface waters or other resources when necessary to ensure compliance with environmental standards. (6) Procedures for all impacted or reconstructed stream channels, riparian area vegetation and stream banks to be rehabilitated or restored so as to maximize water retention and to minimize bank erosion, channel scour, siltation, and increased water temperatures. (7) Provisions for prevention of stagnant water may be required by the Department. (8) Provisions for the establishment of required slopes, including reclaimed highwalls and in-water slopes. (9) Provisions for visual screening of proposed operation if the permit area is visible from a public highway or residential area. Techniques for visual screening include but are not limited to vegetation, fencing or berms. (10) Procedures for the removal or disposal of all equipment, refuse, structures and foundations from the permit area. (11) Provisions to maintain access to utilities when a utility company right-of-way exists. (12) Procedures or information for decommissioning mine facilities including but not limited to: (a) Procedures for ore storage sites to meet decommissioning performance standards for protection of air quality, surface and ground water quantity and quality and living resources and to achieve reclamation requirements; (b) Procedures for tailing disposal facility to meet decommissioning performance standards for long-term stability, protection of air quality, surface and ground water quantity and quality and living resources and to provide for attainment of reclamation objectives; (c) Removal of all process chemicals; (d) Appropriate isolation or removal of waste material; and (e) Monitoring systems by which the success of the proposed reclamation and closure can be measured for bond release. (13) An estimate of the total cost of reclamation consistent with the standards imposed under ORS 517.750 to 517.955. Statutory/Other Authority: ORS 517.750 - 517.995 Statutes/Other Implemented: ORS 517.971 History: GMI 2-1991, f. & cert. ef. 10-11-91
632-037-0075 Alternatives Analysis (1) The alternatives analysis shall include an identification and analysis of the environmental impacts of the proposed mining operation and alternatives to avoid or minimize adverse impacts and/or enhance the quality of the human and natural environment. (2) The alternatives analyzed by the applicant or contractor shall include, but not be limited to, the following: (a) Alternative locations for mine facilities, including heap leach pads, roads, impoundments, ponds, ore storage areas and waste disposal areas; (b) Alternative designs, processes (including chemical processes), operations and scheduling for mine facilities and operations, including heap leach pads, roads, impoundments, ponds, ore storage areas and waste disposal areas; (c) Alternative water supply; (d) Alternative power supply; and (e) Alternative reclamation procedures. (3) The alternatives analysis shall include sufficient detail in the description of each alternative so that affected agencies and the public may evaluate the comparative merits of each alternative. Statutory/Other Authority: ORS 517.750 - 517.995 Statutes/Other Implemented: ORS 517.979 History: DGMI 1-2014, f. & cert. ef. 4-2-14 GMI 2-1991, f. & cert. ef. 10-11-91
632-037-0077 Additional Requirements In addition to the requirements in OAR 632-037-0050 to 632-037-0075, the applicant shall submit all information required by either state law or the administrative rules of a permitting agency to determine whether to issue or deny each and all of the following permits that are applicable to the proposed operation: (1) Fill and removal permits required under ORS 196.600 to 196.665 and 196.800 to 196.900. (2) Permits to appropriate surface water or ground water under ORS 537.130 and 537.615, to store water under ORS 537.400 and impoundment structure approval under ORS 540.350 to 540.390. (3) National Pollutant Discharge Elimination System permit under ORS 468.740. (4) Water pollution control facility permit under ORS 468.740. (5) Air contaminant discharge permit under ORS 468.310 to 468.330. (6) Solid waste disposal permit under ORS 459.205. (7) Permit for use of power driven machinery on forestland under ORS 477.625. (8) Permit to clear right of way on forestland where clearing constitutes a fire hazard under ORS 477.685. (9) Permit for placing explosives or harmful substances in waters of the state under ORS 509.140. (10) Hazardous waste storage permit under ORS 466.005 to 466.385. (11) Land use permit, if applicable consistent with the Department's state agency coordination agreement, including relevant sections of OAR chapter 632, division 001. (12) Any other state permit required for the proposed mining operation. Statutory/Other Authority: ORS 517.750 - 517.995 Statutes/Other Implemented: ORS 517.971 & 517.978 History: DGMI 1-2014, f. & cert. ef. 4-2-14 GMI 2-1991, f. & cert. ef. 10-11-91
632-037-0090 Socioeconomic Impact Analysis (1) Concurrent with the development of an environmental evaluation, the Department shall direct staff or hire a third party contractor to prepare a socioeconomic impact analysis. The analysis shall include but not be limited to an identification of the major and reasonably foreseeable socioeconomic impacts on individuals and communities located in the vicinity of the proposed mine resulting from mine construction and operation. Such identification shall include the short and long term impacts on population, economics, infrastructure and fiscal structure. The Department shall make the analysis available to the public upon request. (2) Upon completion of the socioeconomic impact analysis, the Department shall distribute a copy of the analysis to each local government within the vicinity of the proposed mine and affected agencies. Statutory/Other Authority: ORS 517.750 - 517.995 Statutes/Other Implemented: ORS 517.980 History: GMI 2-1991, f. & cert. ef. 10-11-91
632-037-0095 Permitting Agency Action on a Consolidated Application (1) Within 225 days of the issuance of a Notice to Proceed and not sooner than 60 days after the submittal of a complete environmental evaluation, each permitting agency shall submit to the Department its draft permit and permit conditions or permit denial document. (2) If a permitting agency includes in its draft permit a condition that is inconsistent with the environmental evaluation, the agency shall include with its draft permits a written explanation of the conditions setting forth the findings of the agency that support the condition. Statutory/Other Authority: ORS 517.750 - 517.995 Statutes/Other Implemented: ORS 517.978 History: DGMI 1-2014, f. & cert. ef. 4-2-14 GMI 2-1991, f. & cert. ef. 10-11-91
632-037-0100 Cooperating Agency Action on a Consolidated Application (1) At least 30 days before the issuance of draft permits, each cooperating agency shall submit to the Department: (a) Written concurrence or non-concurrence with the terms and conditions of the draft operating permit as such pertain to the statutory authority of each cooperating agency; and (b) Permit conditions within the expertise and authority of the cooperating agency. (2) The Department shall not issue a draft permit until each cooperating agency has concurred with the terms and conditions of the draft permit as such pertain to the statutory responsibility of each cooperating agency. (3) The Department shall include permit conditions submitted by a cooperating agency as conditions on the Department's draft operating permit. (4) If the Department finds that a proposed permit condition imposed by a cooperating agency creates a conflict between permits, the technical review team shall resolve the conflict. Statutory/Other Authority: ORS 517.750 - 517.995 Statutes/Other Implemented: ORS 517.981 History: DGMI 1-2014, f. & cert. ef. 4-2-14 GMI 2-1991, f. & cert. ef. 10-11-91
632-037-0105 Consolidated Public Hearing; Final Permits (1) Within 15 days of receiving all draft permits and the completion of its draft operating permit, the Department shall issue public notice of the date and location of a consolidated public hearing and period for written comment on all permits. (2) A consolidated public hearing shall occur not sooner than 45 days and not later than 60 days after the Department issues a public notice under section (1) of this rule. (3) At least seven days before the issuance of a final operating permit, each cooperating agency shall submit to the Department: (a) Written concurrence or non-concurrence with the terms and conditions of the final operating permit as such pertain to the statutory authority of each cooperating agency; and (b) Permit conditions within the expertise and authority of the cooperating agency. (4) The Department shall not issue a permit until each cooperating agency has concurred with the terms and conditions of the permit as such pertain to the statutory responsibility of each cooperating agency. (5) The Department shall include permit conditions submitted by a cooperating agency as conditions on the Department's final operating permit. (6) If the Department finds that a proposed permit condition imposed by a cooperating agency creates a conflict between permits, the technical review team shall resolve the conflict. (7) Based on information received at a consolidated public hearing and within 45 days of the hearing, or within the time period required by applicable federal law, whichever is sooner, each permitting agency shall approve, deny or modify the agency's permit with conditions necessary to ensure that the mining operation allowed under a permit complies with the applicable standards and requirements. (8) Each other permitting agency shall notify the Department of the issuance of final permits. The Department shall provide public notice of the issuance of final permits. (9) Notwithstanding any other provisions of law, the Department and any other permitting agency shall take final action to issue or deny a permit subject to the consolidated application process within one year after issuance of a notice to proceed. However, with the concurrence of the applicant, the processing of the application may be suspended for a period of time to allow the applicant to resolve issues having a bearing on, or necessary to any permitting agency's decision on whether to issue or deny a permit. Statutory/Other Authority: ORS 517.750 - 517.995 Statutes/Other Implemented: ORS 517.981 History: DGMI 1-2014, f. & cert. ef. 4-2-14 GMI 2-1991, f. & cert. ef. 10-11-91
632-037-0110 Appeals; Consolidated Contested Case Hearing (1) The applicant or any person who appeared before a permitting agency at the consolidated public hearing, either orally or in writing, may file with the State Geologist a written request for a consolidated contested case hearing. The request shall be filed within 30 days after the date the permit was granted or denied. The applicant or person requesting a consolidated contested case hearing shall state the reasons for requesting the hearing and the objections to the permitting agency's action in accordance with the Attorney General's Model Rules of Procedure. (2) Upon receipt of a request under section (1) of this rule, the Department shall schedule a consolidated contested case hearing. The hearing shall be held not less than 60 days or more than 75 days after the notice of permit issuance or denial. The hearing shall be conducted in accordance with ORS Chapter 183 and the Attorney General's Model Rules of Procedure. (3) Any permit granted by a permitting agency shall be suspended until completion of the administrative hearings process. (4) If all permitting agencies are subject to ORS 183.635(1), DOGAMI may request that a single administrative law judge be appointed to preside over the consolidated contested case hearing. If more than one hearings officer is appointed, the Department shall appoint a chief hearings officer. The role of the chief hearings officer shall be to organize the proceedings. (5) The hearings officer(s) shall prepare a proposed order for each contested permit. (6) A party may file written exceptions to the proposed order with the appropriate permitting agency. If the permitting agency determines that additional information presented in a written exception was unavailable at the time of the consolidated contested case hearing and is significant to the adoption or modification of the proposed order, the agency shall remand the order to the appropriate hearings officer for further consideration. (7) After receiving exceptions and hearing argument on the exceptions to the proposed order, the permitting agency may either adopt the proposed order or issue a new order. Statutory/Other Authority: ORS 517.750 - 517.995 Statutes/Other Implemented: ORS 517.983 History: DGMI 1-2014, f. & cert. ef. 4-2-14 GMI 2-1991, f. & cert. ef. 10-11-91