reglab/statecodes huggingface dataset:
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 632-030-0023 - Aggregate Mining on High Value Farmland in the Willamette Valley

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purposes of this rule, the
			 following definitions apply:
(a) "Significant
			 aggregate resource" means the average minimum depth of aggregate, determined by
			 rule of the Land Conservation and Development Commission, that is required for
			 a local government to find that the aggregate resource is significant pursuant
			 to a statewide land use planning goal that protects natural resources and
			 conserves scenic, historic and open space resources.
(b) "Substantially all" in the context of
			 this rule means; approximately 90% of the significant aggregate resource
			 anticipated to be available for excavation at the time an application is
			 submitted to DOGAMI, or approximately 90% of the significant aggregate resource
			 actually found within all or a specific portion of the approved excavation
			 area.
(c) "Thickness of the
			 aggregate layer" means the depth of the water-lain deposit of sand, stones, and
			 pebbles of sand-sized fraction or larger, minus the depth of the topsoil and
			 nonaggregate overburden.
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 632-030-0024 - Inspections

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As provided by
			 ORS 517.850, the Department may,
			 after reasonable notice, inspect any surface mining site to determine status or
			 compliance with the Act, the rules adopted thereunder, or any permit
			 conditions. The Department may report the results of these inspections to the
			 permittee in writing.
(2) Initial
			 inspections will be conducted by the Department on all new sites that have not
			 been previously inspected by the Department. On all other sites, routine
			 inspections may be conducted by the Department. Reasons for the inspections
			 include, but are not limited to:
(a)
			 Determining existing environmental conditions;
(b) Reviewing the proposed mine
			 operation;
(c) Reviewing the
			 proposed reclamation plan; and
(d)
			 Collecting data to calculate the amount of the reclamation bond.
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 632-030-0026 - On-Site Construction Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may, in its discretion, waive the requirements
				for preparation and approval of a reclamation plan if the requirements of ORS
				517.790(2)(a) through
				(c) are satisfied and specific plans or
				functionally similar requirements approved and enforced by a governmental
				entity are sufficient to ensure that property will be converted to the new use
				in a timely fashion.
Stat. Auth.: ORS
				  516.090,
				  517.810 &
				  517.840
Stats. Implemented: ORS
				  517.750 -
				  517.992
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 632-030-0027 - Minimum Standards for a Reclamation Plan

Current through Register Vol. 63, No. 7, July 1, 2024
A reclamation plan submitted under 632-030-0025  must meet the
				following minimum standards:
(1) Final
			 slopes must be stable. Reclaimed cutbanks may not have slopes exceeding 1-1/2
			 horizontal to 1 vertical (1-1/2H:1V). Final slopes may be blasted or sculpted
			 to blend into adjacent landforms or for creation of habitat. The Department may
			 require the submission of a reclamation blast plan to assure stable slopes will
			 be created and adjacent property will be protected. The Department may also
			 grant exceptions for slopes steeper than 1-1/2H:1V when the applicant can
			 document that the slopes will be stable and if the steeper slopes:
(a) Blend into the adjacent
			 terrain;
(b) Existed prior to
			 mining; or
(c) Are consistent with
			 the approved subsequent beneficial use.
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 632-030-0030 - Department Action on Reclamation Plan and Operating Permit Application; Provisional Operating Permits; Local Government Actions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Within 90 days after receiving an application for an operating permit:
(a) The Department will issue the operating
			 permit or
(b) Notify the applicant
			 if the Department determines that either the permit application or the proposed
			 reclamation plan is not complete.
(c) If the Department determines the
			 application is incomplete it will notify the applicant of the information or
			 documentation needed to make the submittal complete. A notice of an incomplete
			 submittal does not constitute a denial of the operating permit application and
			 proposed reclamation plan.
(d) The
			 Department will determine the adequacy of the operating permit application and
			 proposed reclamation plan by taking the following actions:
(A) Inspect the site in accordance with OAR
			 632-030-0024  and file an inspection report;
(B) Circulate the complete operating permit
			 application, including the proposed reclamation plan, draft operating permit,
			 an inspection report or an evaluation to appropriate federal, state, and local
			 agencies for review and comment.
(C) Notify the affected local government in
			 writing that an operating permit application and proposed reclamation plan have
			 been received by the Department, accompanied by a request that a determination
			 be made if a local land-use permit pursuant to ORS
			 215.428 or
			 227.178 or a comprehensive plan amendment is required.
(D) Determine the appropriate amount of the
			 reclamation bond or alternative form of security; and
(E) Notify the applicant of any deficiencies
			 that will be addressed by attaching conditions to the operating
			 permit.
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 632-030-0033 - Reclamation by the Department

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a mine operator fails to comply with
			 an order issued under ORS
			 517.860 or
			 517.880, the Department may
			 perform the reclamation outlined in the reclamation plan to the extent possible
			 given the condition of the site.
(2) The Department may perform alternative
			 reclamation depending on site conditions.
(3) The Department may reclaim the site to:
(a) Eliminate or minimize hazards to the
			 health and safety of the public;
(b) Eliminate or minimize any pollution or
			 erosion or reestablish setbacks or buffers outside the excavation
			 boundary;
(c) Mitigate impacts to
			 natural resources by enhancing wildlife habitat or restoring a
			 drainage;
(d) Be compatible with
			 local agency regulations or an approved secondary beneficial use and with
			 federal and state laws.
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 632-030-0035 - Modification of an Operating Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The modification of an operating permit
			 may be initiated at any time by the permittee or by the Department. The term
			 "modification," as used in this rule, means any modification, including but not
			 limited to, "intensification" or "substantial modification," as defined in OAR
			 632-030-0010(6) and (11). The Department may circulate applications for
			 intensification or substantial modifications to local government pursuant to
			 ORS 517.830 and OAR
			 632-030-0030.
(2) An operating
			 permit may be modified by approval of the Department after timely notice and
			 opportunity for review as provided by ORS
			 517.830(5) and
			 OAR 632-030-0030  in order to assure compliance with existing laws and land-use
			 requirements or to accommodate unforeseen developments that may affect the
			 operating permit and reclamation plan as previously approved.
(3) The Department may modify an operating
			 permit or reclamation plan without the consent of the operator only as allowed
			 by ORS 517.831. The Department
			 initiation of a modification must be based on the potential for: substantial
			 harm to off-site property, harm to threatened or endangered species, or channel
			 changes or unstable pit walls. Therefore, a determination of substantial harm
			 to off-site property may include likely effects when there is substantial
			 evidence. For the three types of sites or concerns listed here, the substantial
			 evidence may include on-site or off-site physical or biological indicators and
			 other data:
(a) Substantial harm to off-site
			 property: documentation by the Department of a loss of lateral support of a
			 property line, slope movement, failure planes, tension cracks, vegetation
			 displacement, or other indicators of slope instability, or geotechnical
			 reports, slope measurements, or other monitoring data submitted by
			 others.
(b) Harm to threatened or
			 endangered species: documentation by the Department that threatened or
			 endangered species are likely present and mine activities have stranded
			 threatened or endangered fish on the floodplain or mine activities have caused
			 harm to threatened or endangered species or a take is likely to
			 occur.
(c) Channel changes or
			 unstable pit walls: documentation by the Department that stream bank erosion,
			 channel migration, local geomorphic trends, site hydrology during flooding,
			 and/or channel hydraulic conditions present clear indicators that pit wall
			 stability is in jeopardy during future flood events.
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 632-030-0040 - Maintaining an Operating Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may revoke, terminate, or
			 refuse to renew an operating permit as provided in ORS
			 517.862.
(2) Prior to the anniversary date of an
			 operating permit, the operator shall submit the required annual fee and file
			 the annual report. The annual report must include production figures that
			 provide a legal and accurate report of all materials mined or excavated. If
			 requested by the Department, the operator must also submit an updated site plan
			 map. The permittee shall maintain an operating permit until mining and
			 reclamation, including revegetation (if required), have been
			 completed.
(3) If the Department
			 determines that the permittee has not complied or is not complying with the
			 approved reclamation plan, permit conditions, the Act, or the rules adopted
			 thereunder, the Department will take appropriate action including one or more
			 of the following: a notice of violation under ORS
			 517.860, a compliance order
			 under 517.860, a suspension order
			 under 517.880, recovery against the
			 bond or alternative form of security under
			 517.860, and an assessment of
			 civil penalties under
			 517.992.
Stat. Auth.: ORS 517
Stats. Implemented: ORS
				  517.740 &
				  517.800
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 632-030-0041 - Permit and Exemption Transfer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An operating permit may be transferred as
			 provided in ORS 517.833, subject to the
			 following requirements:
(a) A person
			 requesting transfer must submit a completed application on a form prescribed by
			 the Department.
(b) The application
			 must be signed by the applicant, current permittee, landowner, and mineral
			 estate owner if different from the landowner.
(c) The applicant must submit the transfer
			 application fee as provided and not to exceed in ORS
			 517.800.
(d) The applicant must submit a bond or
			 alternative form of security acceptable to the Department.
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 632-030-0042 - Termination of Operating Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An operating permit is deemed to
			 terminate by operation of law if any of the conditions set out in ORS
			 517.880 exist. The Department
			 will notify the operator of the termination and the right to review.
(2) A permittee may request termination of a
			 permit if:
(a) A permit has never been
			 used;
(b) The required local
			 land-use approvals are denied; or
(c) The requirements of an approved
			 reclamation plan are complete.
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 632-030-0045 - Obtaining Bond Release

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The permittee shall notify the Department in writing when the reclamation has
			 been completed.
(2) The Department
			 will inspect the reclaimed site. If the permittee has fulfilled the
			 requirements of the approved reclamation plan, the bond or alternative form of
			 security will be released. The Department may authorize a reduction in the
			 security amount if the reclamation is partially complete.
Stat. Auth.: ORS
				  183.341,
				  197.180,
				  516.090(2)(a),
				  517.740 &
				  517.840(1)(d)
Stats. Implemented: ORS
				  517.810,
				  517.840 &
				  517.870
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 632-030-0049 - Emergency Operating Permits

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may issue an emergency operating permit as
				authorized under ORS 517.832. An emergency operating
				permit is subject to the following additional limitations:
(1) The emergency operating permit may not be
			 for a term in excess of three months and may be terminated by the Department on
			 48-hour notice.
(2) The operator
			 may continue operations at the site after three months only if the emergency
			 operating permit is replaced by a temporary, provisional, or regular operating
			 permit. The operator must follow the procedures for applying for the temporary,
			 provisional, or regular operating permit.
(3) The operator is required to provide
			 notice of the proposed emergency operating permit to all federal agencies and
			 public bodies as defined in ORS
			 174.109 that may be affected by
			 the emergency operating permit and to provide the Department with the names of
			 the agencies and public bodies notified and the manner of notification. The
			 Department may require additional notification or deny the emergency operating
			 permit if it determines that the notice is inadequate.
(4) The Department will not issue or will
			 terminate an emergency operating permit upon receipt of an objection from an
			 affected federal agency or public body.
(5) An operator seeking an emergency permit
			 must pay a fee to the Department in an amount determined by the Department be
			 adequate to cover the additional costs for staff and other related
			 expenses.
(6) The Department may
			 waive the requirement for a bond or alternate form of security for an emergency
			 operating permit.
Stat. Auth.: ORS
				  516.090,
				  517.800,
				  517.810,
				  517.832 &
				  517.840
Stats. Implemented: ORS
				  517.750 -
				  517.992
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 632-030-0052 - Temporary Operating Permits

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may issue a temporary operating permit as
				authorized under ORS 517.834. A temporary operating
				permit is subject to the following additional limitations:
(1) The operator must provide 14 days' prior
			 notice to adjacent property owners and all potentially affected federal
			 agencies and public bodies. Public notice must be published in a newspaper that
			 is broadly circulated in the areas adjacent to the proposed mine. Notice to
			 property owners, federal agencies, and public bodies must be in writing and
			 sent by U.S. mail or comparable means. The operator must provide the Department
			 with documentation of the entities notified and the manner of notification.
			 Notification must be in a form approved by the Department and must inform the
			 recipients of the right to submit comments on the proposed temporary operating
			 permit to the Department.
(2) A
			 temporary operating permit may be issued for a term not to exceed 6 months,
			 during which time the operator must apply for a regular operating permit. The
			 operator must cease all excavation and processing and reclaim the site if the
			 Department has not issued a provisional or regular operating permit before the
			 term of the temporary operating permit expires.
Stat. Auth.: ORS
				  516.090,
				  517.810,
				  517.834 &
				  517.840
Stats. Implemented: ORS
				  517.750 -
				  517.992
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 632-030-0056 - Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
(1)  Prior to the initiation of an administrative appeal of any
				proposed Departmental order, notice, fee, or other proposed action made
				pursuant to the Act or the rules adopted thereunder, the applicant or permittee
				may first request that the State Geologist informally review and resolve the
				matter. The State Geologist will provide a written decision within 30 days of
				receipt of such an informal request. If the State Geologist is unable to
				resolve the informal request, the applicant or permittee may request a
				contested case hearing by the Board or its designee for final resolution of the
				matter. Appeals must be filed within 30 days of receipt of the proposed order,
				notice, other proposed action being appealed, or receipt of State Geologist
				written decision except as otherwise provided by OAR 632-030-0030(4)  and by the
				applicable provisions of 183.310 through 183.550. A final determination by the
				Board must be made before any appeal for judicial review under ORS 183.480 is
				allowed.
(2)  An applicant or permittee requesting a hearing for
				consideration of any appeal of any proposed action shall state the reasons for
				requesting the hearing and the objections to the Department's proposed order,
				notice, fee, or other proposed action in accordance with ORS
				183.430-183.470.
(3)  The Department may suspend operations effective immediately
				in accordance with ORS 517.880 by issuing a suspension order. A suspension
				order shall be issued as a final order in other than a contested case subject
				to judicial review under ORS 183.484.
Statutory/Other Authority: ORS 516.090(2)(a), 517.740,
				  517.840(4) & 517.880
Statutes/Other Implemented: ORS
				  517.890
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 632-030-0070 - Penalty Warning; Civil Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicability. This section of these
			 rules applies to the imposition of civil penalties under ORS
			 517.992(2) for
			 violations of statutes, rules, orders, and permit conditions not related to a
			 chemical process mine.
(2)
			 Definitions. For purposes of this rule:
(a)
			 "Compliance Order" means an order issued under ORS
			 517.860(1)(b).
			 The compliance order also may be used for informal disposition of proceedings
			 through stipulation, agreed settlement, consent order, or default;
(b) "Notice of Violation" means a notice
			 issued under ORS 517.860(1)(a);
(c) "Notice of Civil Penalty" means a notice
			 that imposes a civil penalty under ORS
			 517.992(2);
(d) "Violation" means conduct for which a
			 penalty may be imposed under ORS
			 517.992(2).
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 33 - OREGON MINED LAND RECLAMATION ACT › Section 632-033-0005 - Purpose of These Rules and Regulations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For Mineral Exploration, these rules
			 implement the purposes of the Mined Land Reclamation Act as declared by the
			 Legislative Assembly that:
(a) To provide
			 that the usefulness, productivity, and scenic values of all lands and water
			 resources affected by surface and underground mining within this state receive
			 the greatest practical degree of protection and reclamation necessary for their
			 intended subsequent use.
(b) To
			 provide for cooperation between private and government entities in carrying out
			 the purposes of the Mined Land Reclamation Act.
(c) To encourage efficient and
			 environmentally sound identification and development of mineral
			 resources.
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 33 - OREGON MINED LAND RECLAMATION ACT › Section 632-033-0016 - Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following
			 exploration activities are exempt from these rules and do not require the
			 payment of fees, posting of bond or submittal of reclamation plans:
(a) Exploration conducted solely within the
			 beds and banks of any waters of this state are exempt from these rules when
			 conducted pursuant to a permit issued under ORS
			 196.605 to
			 196.625 and 196.627 to
			 196.660.
(b) Prospecting where no exploration drill
			 hole is drilled is exempt from these rules.
(c) Prospecting where exploration drilling is
			 less than 50' deep on each hole is exempt from paying fees and the state
			 financial security provisions of these rules, but must comply with the drill
			 hole abandonment procedures of these rules.
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 33 - OREGON MINED LAND RECLAMATION ACT › Section 632-033-0025 - Exploration Permit Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicants seeking Exploration Permits
			 from the department should be aware that other state, federal and local
			 agencies may require the applicant to obtain approval prior to operation. For
			 example, the United States Forest Service (USFS) requires a notice of intent or
			 plan of operations. Where feasible, the department shall coordinate with other
			 agencies to avoid duplication on the part of applicants. An Exploration Permit
			 from the department does not constitute authorization to proceed without
			 approval of other agencies if required. It is the applicant's responsibility to
			 obtain other necessary permits.
(2)
			 Information Requirements. The department may require any information reasonably
			 necessary to assess impacts of the proposed exploration and determine the
			 status of any exploration. Any production records, mineral assessments or trade
			 secrets submitted as part of an application shall be confidential.
(3) Exploration or drilling an exploration
			 drill hole greater than 50' is subject to these rules.
(4) Exploration must be conducted to prevent
			 a decrease in quality or loss of quantity to an existing or potential water
			 supply to the greatest practicable extent.
(5) Exploration shall be conducted so as to
			 minimize adverse effect upon wildlife.
(6) An applicant for an exploration permit is
			 encouraged to contact the department at the Albany office at least 90 days
			 prior to initiation of the proposed drilling activities.
(7) Information required in written form
			 shall include but not be limited to:
(a)
			 Contact Information:
(A) Name, address and
			 telephone number of the applicant;
(B) Name, address, telephone number and
			 verification of consent of the surface owner(s);
(C) Name, address, and telephone number of
			 the project contact person;
(D)
			 Name and address of the drilling contractor(s);
(E) Name, address, and telephone number of
			 the mineral estate owner(s) and lessor if applicable;
(F) Name and address of any designated
			 agent.
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 33 - OREGON MINED LAND RECLAMATION ACT › Section 632-033-0030 - Department Action on an Exploration Permit Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department shall approve or deny a
			 complete application in writing within 30 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. The applicant may appeal by filing a written
			 notice in accordance with OAR 632-033-0050.
(2) The department may attach conditions to
			 the Exploration Permit. These conditions may be added to reflect special
			 concerns which are not adequately addressed in the reclamation or drill hole
			 abandonment provisions 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 632-033-0050.
(3)
			 Inspections. As provided by ORS
			 517.725 the department may
			 inspect any exploration site to determine status or compliance.
(a) Initial inspections may be conducted by
			 the department. Reasons for the inspections include but are not limited to:
(A) Determine existing environmental
			 conditions;
(B) Review the proposed
			 exploration-activity;
(C) Review
			 the proposed reclamation;
(D)
			 Collect data to calculate a bond and;
(E) Determine if a permit is
			 required.
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 33 - OREGON MINED LAND RECLAMATION ACT › Section 632-033-0035 - Modification of an Exploration Permit

Current through Register Vol. 63, No. 7, July 1, 2024
Modification of a permit may be initiated at any time by the
				permittee or by the department. An Exploration Permit may be modified by
				approval of the department after timely notice and opportunity for review if
				the Department determines that modification is needed to comply with existing
				laws, or to accommodate unforeseen developments which may affect the
				reclamation or drill hole abandonment plan as previously approved. Expansion of
				an operation beyond the original permit area, depth or significant
				intensification of activity shall require permit
				modification.
Stat. Auth.: ORS 517
Stats. Implemented: ORS
				  517.740
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 33 - OREGON MINED LAND RECLAMATION ACT › Section 632-033-0040 - Maintaining an Exploration Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An Exploration Permit issued by the
			 department shall be granted for a period of 12 consecutive months. The new
			 permittee shall renew each Exploration Permit prior to the anniversary date by
			 submitting the required annual fee. As a courtesy, the department may notify
			 the permittee by mail at least 45 days prior to the anniversary date of the
			 permit and will provide the necessary renewal forms and fee schedule for permit
			 renewal. In cases of non-renewal, a second notice may be sent prior to issuance
			 of a Closure Order. The permittee shall maintain an Exploration Permit until
			 exploration and reclamation, including revegetation (if required), have been
			 completed.
(2) If the department
			 determines from inspections conducted pursuant to ORS
			 517.850 or from any other
			 source, that the exploration is not in compliance with the approved Exploration
			 Permit, permit conditions, the Mined Land Reclamation Act, or the rules adopted
			 thereunder, the department shall give written notice of noncompliance to the
			 permittee.
(3) The permittee must
			 begin rectifying all deficiencies within 30 days of receipt of the notice of
			 noncompliance as required in ORS
			 517.860(1), or
			 file a written appeal to the notice of noncompliance in accordance with OAR
			 632-033-0050. If the permittee appeals the notice within 30 days of receipt,
			 the Department will not issue a Closure Order or revoke the permit pending the
			 appeal, except in cases of reasonable probability of danger to human life,
			 property, water resources, or wildlife. The department will provide the
			 permittee a written statement of the specific facts leading to that finding and
			 corrective action for the elimination of such danger.
(4) The department will notify the permittee
			 in writing within ten working days of the date verification of
			 compliance.
Stat. Auth.: ORS 517
Stats. Implemented: ORS
				  517.740
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 33 - OREGON MINED LAND RECLAMATION ACT › Section 632-033-0043 - Expiration of an Exploration Permit Obligation

Current through Register Vol. 63, No. 7, July 1, 2024
An Exploration Permit obligation expires upon:
(1) Transferring of the permit to another
			 obligee.
(2) The area within the
			 permit area coming under an Operating Permit.
(3) Completing the obligation of the
			 Exploration Permit.
Stat. Auth.: ORS 517
Stats. Implemented: ORS
				  517.720
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 33 - OREGON MINED LAND RECLAMATION ACT › Section 632-033-0045 - Obtaining Financial Security Releases

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The permittee shall notify the department
			 when the provisions of the permit have been completed.
(2) The department shall inspect the
			 reclaimed site. If the permittee has fulfilled the requirements of the
			 Exploration Permit, the financial security shall be released, the permit
			 terminated and the permittee notified. The department may authorize financial
			 security reduction if the reclamation or drill hole abandonment procedures are
			 partially completed or for other reasons if the financial security is greater
			 than the anticipated obligation for the next 12 months.
Stat. Auth.: ORS 517
Stats. Implemented: ORS
				  517.725
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 33 - OREGON MINED LAND RECLAMATION ACT › Section 632-033-0050 - Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to the
			 initiation of an appeal of any departmental order pursuant to the Mined Land
			 Reclamation Act or these rules the applicant or permittee shall first request
			 that the State Geologist informally review and resolve the matter. The State
			 Geologist shall provide a written decision within 20 days of receipt of such a
			 request. Thereafter, the applicant or permittee may request a contested case
			 hearing as provided in ORS
			 183.310-183.550.
(2) An applicant or permittee requesting a
			 contested case hearing shall state the reasons for requesting the hearing and
			 the objections to the department's order in accordance with ORS Chapter 183 and
			 the Attorney General's Model Rules of Procedure.
Stat. Auth.:ORS 517
Stats. Implemented: ORS
				  517.890
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 33 - OREGON MINED LAND RECLAMATION ACT › Section 632-033-0055 - Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person who
			 conducts an exploration activity without a valid Exploration Permit as required
			 by the Mined Land Reclamation Act shall be punished upon conviction, by a fine
			 of not more than $10,000.
(2)
			 Violation of any provision of the Mined Land Reclamation Act, or of any rule or
			 order made pursuant to the Act, or of any conditions of an Exploration Permit,
			 is punishable, upon conviction, by a fine of not more than
			 $10,000.
Stat. Auth.: ORS 517
Stats. Implemented: ORS
				  517.990
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 35 - OREGON MINED LAND RECLAMATION ACT › Section 632-035-0005 - Purpose of These Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 These rules implement ORS
			 517.750 to
			 517.951,
			 517.990, and
			 517.992 with respect to placer
			 mines, coal mines and metal mines using only gravity separation. These rules do
			 not apply to aggregate mines.
(2)
			 Applicants seeking operating permits from the Department should be aware that
			 other state, federal and local agencies may require the applicant to obtain
			 approval prior to operation. For example, the Department of Environmental
			 Quality (DEQ) may require air contaminant discharge permits, wastewater
			 discharge permits, and solid waste management permits. Where feasible the
			 Department shall coordinate with other agencies to avoid duplication on the
			 part of applicants. An operating permit from the Department does not constitute
			 authorization to proceed without approval of other agencies if required. It is
			 the applicant's responsibility to obtain other necessary permits.
Stat. Auth.: ORS 517
Stats. Implemented: ORS 517.517,
				  517.760 &
				  517.905
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 35 - OREGON MINED LAND RECLAMATION ACT › Section 632-035-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The definitions in ORS
				517.750 and
				517.910 apply to these rules. In
				addition, the following definitions apply:
(1) "Affected," as used in ORS
			 517.750(15)(a)
			 means disturbed by excavation or any other surface mining or milling on any
			 land surface during any stage of mineral production, or the covering of any
			 land surface by surface mining refuse.
(2) A "Period of 12 Consecutive Calendar
			 Months" as used in ORS
			 517.750(15)(a)
			 begins on the date surface mining begins.
(3) "Disturbed Area" is any area within the
			 permit area boundary where surface or ground water resources are impacted as a
			 result of mining, milling or mine facilities.
(4) "Expansion" as used in these rules means
			 lateral expansion consequential to surface mining into land surfaces previously
			 not affected by surface mining.
(5) "Operating Permit" means a permit issued
			 by the Department under ORS
			 517.790.
(6) "Ore Processing" means milling or other
			 mineral concentration process.
(7)
			 "Permit Area" is the geographical location of surface mining as defined in ORS
			 517.750(15).
			 Permit area is defined by boundaries submitted on a map acceptable to the
			 Department and means the area to be covered by an operating permit. The permit
			 area will generally be a parcel or contiguous parcels available to the
			 permittee for surface mining. Areas used for the storage or disposition of any
			 product or waste material from the surface mining operation even though
			 separate from the area of extraction shall be included in the permit area. The
			 permit area may be redefined as mining progresses. In the case of exploration
			 conducted under an operating permit, the permit area includes, but is not
			 limited to, areas proposed for surface disturbance by drilling, drill pad
			 construction, trenches and any roads newly constructed or improved with heavy
			 equipment other than the road used to access the permit area.
(8) "Pre-Mine Use" when used in reference to
			 surface or ground water means pre-mine uses that include but are not limited
			 to:
(a) Drinking water;
(b) Fishery;
(c) Agriculture;
(d) Recreation.
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 35 - OREGON MINED LAND RECLAMATION ACT › Section 632-035-0015 - General Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Information Requirements. The Department may require any information needed to
			 determine the status of any surface mining. Information subject to ORS
			 517.901 will be held
			 confidential. Information concerning the location and the identity of mine
			 owners and operators are matters of public record, as are actions taken by the
			 Department with regard to any mining operation or permit application.
(2) Inspections. As provided by
			 ORS 517.850 the Department may,
			 after reasonable notice, inspect any surface mining site to determine status or
			 compliance. The Department will report the results of these inspections to the
			 permittee in writing.
(a) Initial inspections
			 may be conducted by the Department. Reasons for the inspections include but are
			 not limited to:
(A) Determining existing
			 environmental conditions;
(B)
			 Reviewing the proposed mine operation;
(C) Reviewing the proposed reclamation plan;
(D) Collecting data to calculate a
			 bond;
(E) Monitoring the
			 construction of facilities.
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 35 - OREGON MINED LAND RECLAMATION ACT › Section 632-035-0016 - Total Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The following excavation, processing or grading activities are exempt from
			 these rules and do not require the payment of fees, posting of bonds or
			 submittal of reclamation plans:
(a) Beds and
			 Banks. Excavations of materials from the beds and banks of any waters of this
			 state are exempt from these rules when conducted pursuant to a permit issued
			 under ORS 196.800 to
			 196.900;
(b) Operations producing less than 5,000
			 cubic yards of material per year and disturbing less than one acre of land are
			 exempt from these rules but may require a permit from DEQ and other government
			 agencies;
(c) Exploration. Mineral
			 exploration activities subject to ORS
			 517.702 to
			 517.740:
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 35 - OREGON MINED LAND RECLAMATION ACT › Section 632-035-0017 - Limited Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Limited exempt status is available only for operations that have received and
			 maintained a certificate of limit exemption as provided in ORS
			 517.770 and
			 517.775.
(2) Operations under a certificate of limited
			 exemption are subject to the provisions in OAR 632-030-0017.
Stat. Auth.: ORS 517
Stats. Implemented: ORS
				  517.770 &
				  517.775
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 35 - OREGON MINED LAND RECLAMATION ACT › Section 632-035-0020 - Procedures for Applying for an Operating Permit

Current through Register Vol. 63, No. 7, July 1, 2024
Obtaining an Operating Permit:
(1) The applicant shall submit an operating
			 permit application as defined in OAR 632-035-0025.
(2)
(a) 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.
(b) The applicant shall
			 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 chapter 672.
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 35 - OREGON MINED LAND RECLAMATION ACT › Section 632-035-0025 - Requirements for an Operating Permit Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to initiating any permitting action
			 the applicant is encouraged to meet with the Department and with the Department
			 of Environmental Quality (DEQ). These rules apply to mine areas with ore
			 processing facilities at or removed from the mine site, and apply to monitoring
			 facilities. The Department shall closely coordinate its permit requirements
			 with DEQ so as to avoid duplication of effort and unnecessary delay.
(2) An operating permit application shall
			 contain five sections. Those sections are: Existing Environment, General
			 Information, Operating Plan, Reclamation Plan, and Financial Security.
(a) Existing Environment:
(A) The Department may require environmental
			 baseline information including characterization of the following:
(i) Vegetation;
(ii) Soil/overburden;
(iii) Climate/air quality;
(iv) Fish and aquatic biology*;
(v) Wildlife* (terrestrial, avian);
(vi) Surface and ground water;
(vii) Area seismicity;
(viii) Geology and geographic
			 hazards;
(ix) Mineralogy and
			 chemistry;
(x) Noise.
NOTE: *These characterizations may be necessary for
				determinations by the Oregon Department of Fish and Wildlife.
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 35 - OREGON MINED LAND RECLAMATION ACT › Section 632-035-0030 - Department Action on Operating Permit Application

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 35 - OREGON MINED LAND RECLAMATION ACT › Section 632-035-0035 - Modification of an Operating Permit

Current through Register Vol. 63, No. 7, July 1, 2024
Modification may be initiated at any time by the permittee or
				by the Department. An operating permit may be modified by approval of the
				Department after timely notice and opportunity for review as provided by ORS
				517.830(4) in
				order to modify the requirements so that they comply with existing laws, or to
				accommodate unforeseen developments that may affect the reclamation plan as
				previously approved. Expansion of an operation beyond original permit area or
				significant intensification of activity may require recirculation to interested
				agencies for additional comment.
Stat. Auth.: ORS 517
Stats. Implemented: ORS
				  517.740 &
				  517.800