Current through Register Vol. 63, No. 3, March 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.
(3) The
Department may require an operator 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.
Stat. Auth.: ORS
183.341,
197.180,
517.740 &
517.800(3)
& (4)
Stats. Implemented: ORS
517.740,
517.800 &
517.850
