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 632-030-0025 - Requirements for an Operating Permit and Reclamation Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant for an operating permit
			 shall submit a reclamation plan to the Department as required in OAR
			 632-030-0020. The information that the Department may require in a reclamation
			 plan includes, but is not limited to, the following:
(a) The name(s) and address(es) of all owners
			 of the surface estate and mineral estate;
(b) The legal structure (e.g., corporation,
			 partnership, individual) of the applicant;
(c) The name and mailing address for
			 correspondence;
(d) The name and
			 mailing address of the applicant's resident agent;
(e) A description of the present land use and
			 planned beneficial use of the site following mining. The applicant must
			 demonstrate that the planned beneficial use is compatible with the affected
			 local government's acknowledged comprehensive plan and land-use regulations;
(f) The identification and
			 characterization of the soils present, including any areas that have wetlands
			 and hydric soils;
(g) The
			 identification of any fish or wildlife species that may be present that is
			 listed or proposed for listing by either federal or state as sensitive,
			 threatened, or endangered or otherwise may require buffers for protection;
(h) A general list of equipment to
			 be used and a description of mining methods including interim slope angles
			 during the life of the mine;
(i)
			 Provisions for the backfilling, recontouring, decompaction, topsoil
			 replacement, seedbed preparation, mulching, fertilizing, selection of plant
			 species, seeding or planting rates, weed control, and schedules;
(j) The characterization of the ground and
			 surface water based on available wells, drill logs, location of springs, and
			 surface drainages within one mile of the proposed operation may be required.
			 The Department may also require the collection and submission of additional
			 hydrologic data to evaluate the mine development and reclamation plan;
(k) Stream hydrology and other
			 hydrologic information for floodplain sites;
(l) Ground water characterization and/or
			 measures to prevent significant adverse impacts to surface or ground water
			 quantity or quality;
(m) Other
			 baseline information necessary to evaluate the mine development and reclamation
			 plan;
(n) A list and procedures
			 for the handling and use of any materials toxic to plant and/or animal life,
			 acid forming materials or radioactive material which will be at the mine site.
			 The Department may also require an analysis of process water, reagents, wastes,
			 or other materials involved in the mining and processing operations;
(o) Procedures for the salvage, storage, and
			 replacement of topsoil or acceptable substitute. The Department may require the
			 applicant to submit a chemical and physical analysis of the seedbed and
			 subsoil;
(p) Procedures for the
			 stable storage of overburden. This may include a description of the pre-mine
			 topography, method for placement of overburden, height of lifts, compaction
			 standards, final height, and slope configurations, and/or a geotechnical design
			 and construction plans for a storage pile or fill proposed as a final
			 reclamation feature;
(q)
			 Provisions for adequate setbacks to protect adjacent property and public
			 safety;
(r) Provisions to protect
			 and maintain access to utilities when a utility company right-of-way exists;
(s) Visual screening of the
			 proposed operation may be required when the operating area is visible from a
			 public road or residential area. Techniques for visual screening include, but
			 are not limited to, vegetation, fencing, berms, setbacks, or buffer strips
			 along the property boundary;
(t)
			 Procedures for surface water, stream, and floodplain protection and operational
			 and post-mine hydrologic controls may include, but are not limited to:
(A) Procedures to protect surface water
			 quality and to control erosion include the following:
(i) Rock lined ditches, rock lined haul
			 roads, or work areas;
(ii)
			 Detention ponds and sedimentation basins;
(iii) Rock check dams and grade control
			 structures;
(iv) Temporary
			 diversions;
(v) Flocculation
			 systems and/or surface disposal systems;
(vi) Runoff and pond sizing calculations.
(B) Procedures to
			 protect or reconstruct waterways or drainage patterns impacted by mine related
			 disturbances or reclamation by the design and construction of a post-mine
			 drainage control plan to convey storm water and surface water off the property
			 in a manner that will provide long-term stability to the reclaimed
			 land.
(C) Procedures to protect
			 natural resources.
The Department may determine it is in the best interest of
				protection of natural resources and final reclamation to require procedures to
				integrate flood water passage plans, storm water controls, or fish
				ingress/egress plans at adjoining mine sites. Such a requirement by the
				Department is not considered a permit amendment.
(D) Procedures to promote final reclamation
			 and floodplain stability or protection of streams, riparian buffers, and
			 operational setbacks may require detailed engineering and planning for:
(i) Pond bank and channel bank weirs or other
			 headcut protection plans;
(ii)
			 Floodwater conveyance channels or structures;
(iii) Flood berms;
(iv) Protection of channel migration zone;
(v) Protection or stabilization of
			 stream channel buffers.
(u) A proposed time schedule for surface
			 mining and reclamation and a description of how concurrent reclamation, if
			 applicable, will be accomplished during the life of mine.
(v) Additional steps planned to enhance fish
			 or wildlife habitat or to create wetlands for sites where fish or wildlife
			 habitat or wetland construction is part of the designated post-mining land use;
(w) Procedures for the removal or
			 disposal or all equipment, refuse, structures, and foundations from the permit
			 area except permanent structures that are part of an approved reclamation plan;
(x) Final slope configurations and
			 how they will be stabilized;
(y) A
			 plan for the control of noxious weeds may be required;
(z) Provisions to protect fish and wildlife
			 species by providing operational setbacks;
(aa) Fish ingress/egress plans for floodplain
			 sites; and
(bb) Procedures for
			 placement of fill and protection of fill quality.
(A) All fill used as reclamation backfill or
			 other subsurface placement must meet the Oregon Department of Environmental
			 Quality definition of clean fill as provided in OAR 340-093-0030  or the use
			 must be specifically allowed by Department of Environmental Quality by rule,
			 permit or other written authorization.
(B) Fill material at a reclamation site must
			 be used in accordance with a written fill plan approved by the Department or
			 specific provisions in the approved reclamation plan. The fill plan or
			 reclamation plan must show the locations for stockpiling and permanent
			 placement of the fill material and provide for monitoring of the quality and
			 quantity of the fill material. The quality, quantity and location of fill
			 material used on the site must be consistent with local land use plans and
			 regulations. Documentation showing compliance with the approved plan and this
			 subsection must be provided to the Department upon request.
(cc) If the affected
			 local government designates a post-mine land use or uses through a
			 comprehensive plan amendment or zone change, or requires a conservation
			 easement to be established after reclamation, the plan submitted to the
			 Department must specifically address how the post-mine land use(s) will be
			 established.