Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 35 - OREGON MINED LAND RECLAMATION ACT › Section 632-035-0040 - Maintaining an Operation Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 30 days after completion of
			 construction and prior to operation, the permittee shall submit a signed
			 registered engineer's or certified engineering geologist's report, complete
			 with accurate drawings and specifications depicting the actual construction.
			 Alternatively, if the construction proceeded in substantial compliance with the
			 approved plans and specifications, a statement to that effect may be submitted
			 by the registered professional engineer or certified engineering geologist. In
			 either case, the permittee shall make specific arrangements for inspection by
			 the Department during construction or installation of mine facilities.
(2)
(a) After issuance of the permit and prior to
			 mining, the permittee 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.
(b)
			 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 a permittee, 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
			 permittee that the survey is adequate, the permittee must mark boundaries in
			 the permit area as provided in subsection (2)(a) of this rule.
(c) The Department may require any operator
			 of a previously permitted operation that is not subject to subsection (2)(b) 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 permittee will be notified of such requirement in writing and will be
			 allowed a reasonable time to accomplish the survey or marking requirements.
(d) The Department may require a
			 permittee to update the surveys or maps required under this rule if the
			 operation is subject to a notice of violation under ORS
			 517.860, a suspension order
			 under ORS 517.880, or a significant
			 modification of the operating permit.