632-035-0030 Department Action on Operating Permit Application (1) The Department shall approve or deny a complete application in writing within 120 days of receipt. If an application is incomplete, the Department shall notify the applicant of that fact in writing within 30 days of receipt and the Department will specify the deficiencies therein. Within 60 days of receipt of a notice of incompleteness the applicant may appeal the determination of incompleteness or may resubmit the application with deficiencies corrected. (2) The Department will submit the draft operating permit to local planning authorities and other appropriate public agencies for review. If the operating permit cannot be reviewed and accepted or rejected by the Department within 120 days after receipt the Department will notify the applicant. (3) If the Department refuses to approve the operating permit for any reason, the Department will notify the applicant in writing within five days of refusal stating the reasons for refusal and identifying additional requirements as may be prescribed by the Department for inclusion in the reclamation plan. Within 60 days after the receipt of such a deficiency list or permit conditions, the applicant shall comply with the additional requirements prescribed by the Department or file a written notice of appeal of the decision to the Department in accordance with OAR 632-035-0056. Failure to comply with the additional requirements or file a notice of appeal within the 60-day period, unless an extension is granted by the Department, may result in the application for an operating permit being denied. (4)(a) The Department will approve the applicant's operating permit if the application adequately provides for reclamation of surface mined lands and complies with the applicable statutes and these rules; (b) If the Department finds that reclamation cannot be accomplished it shall not issue an operating permit. The applicant shall be notified in writing within five days of the decision. (5) The Department may attach conditions to the operating permit. These conditions may be added to reflect special concerns that are not adequately addressed in the reclamation plan and fall within the scope of these rules. The permittee may appeal these conditions by filing a written notice of appeal in accordance with OAR 632-035-0056. (6) The approval of the reclamation plan and the issuance of the operating permit by the Department do not constitute a finding of compliance with statewide planning goals or local regulations implementing acknowledged comprehensive land use plans. The operating permit may be issued prior to the local land use agency making such a determination. The permittee is responsible for obtaining local land use approval before commencing the proposed surface mining activity. When issuing the permit, the Department will inform the permittee that: (a) Issuance of the operating permit is not a finding of compliance with the Statewide Planning Goals (ORS 197.225) or the acknowledged comprehensive plan; and (b) The applicant is responsible for compliance with the requirements of all other agencies including land use determination by local government and compliance with the Statewide Planning Goals before commencing surface mining under the approved operating permit. Statutory/Other Authority: ORS 517 Statutes/Other Implemented: ORS 517.740, 517.810 & 517.925 History: DGMI 1-2014, f. & cert. ef. 4-2-14 GMI 2-1988, f. 5-12-88, cert. ef. 5-2-88 GMI 2-1985, f. 11-19-85, ef. 11-20-85 GMI 3-1984, f. & ef. 12-12-84 GMI 2-1982, f. & ef. 8-13-82