Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 30 - OREGON MINED LAND RECLAMATION ACT - APPLICABLE TO ALL SURFACE MINING EXCEPT AS SPECIFICALLY PROVIDED UNDER OAR CHAPTER 632, DIVISION 035 (COAL AND METAL-BEARING ORE OPERATIONS), AND OAR CHAPTER 632, DIVISION 037 (CHEMICAL PROCESS MINING) › Section 632-030-0015 - Information Requirements; Surveys; Marking

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Information Requirements. The Department
			 may require any information needed to ascertain whether surface mining has
			 occurred or is occurring and the status of any proposed or existing permit. Any
			 production records, mineral assessments, and trade secrets submitted by a mine
			 operator or landowner to the Department will be kept confidential as provided
			 in ORS 517.901.
(2) Surveys and Marking.
(a) Applicants for new operating permits or
			 amendments must survey the permit area, all excavation areas, setbacks, and
			 buffers, and provide a map that shows all areas of excavation, setbacks,
			 buffers, buildings, haul roads, stockpiles, wells, ponds, and floodways.
			 Surveys must be conducted by a professional land surveyor as required by ORS
			 672.
(b) After issuance of the
			 permit and prior to mining, the operator must mark the boundaries for all
			 excavation areas, stockpiles, setbacks, and buffers. Unless otherwise
			 authorized by the Department in writing, the marking must be accomplished by
			 placing clearly visible markers, approved by the Department, at a distance of
			 no more than 200 feet on center. The Department may grant extensions for
			 marking areas that are subject to a phased operation plan. The Department may
			 waive marking requirements or allow greater distances where topography or other
			 conditions make marking unreasonable. Any extension or waiver must be approved
			 by the Department in writing.
(c)
			 Operators of previously permitted operations with a total disturbed area in
			 excess of 20 acres must survey the permit area and provide a map that complies
			 with the requirements in subsection (2)(a) of this rule. The survey must be
			 completed and submitted to the Department for review upon adoption of these
			 rules and within 12 months after the permit anniversary date. Upon receipt of a
			 written request from an operator, the Department may grant extensions to this
			 requirement for good cause shown. Extensions must be authorized by the
			 Department in writing. Within three months after the Department notifies the
			 operator that the survey is adequate, the operator must mark boundaries in the
			 permit area as provided in subsection (2)(b) of this rule.
(d) The Department may require any operator
			 of a previously permitted operation that is not subject to subsection (2)(c) of
			 this rule to provide a survey or marking or both if the Department determines
			 that surveying or marking is needed for effective or efficient implementation
			 or enforcement of the permit, reclamation plan, Department rules or the Act.
			 The operator will be notified of such requirement in writing and will be
			 allowed a reasonable time to accomplish the survey or marking
			 requirements.