Current through Register Vol. 63, No. 9, September 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.
(2) This rule applies to the following:
(a) Applications for new operating permits
when all of the following circumstances exist:
(A) The applicant proposes to mine an
aggregate resource,
(B) The
proposed mining operation is located within the Willamette Valley,
(C) Excavation for the proposed mine will
disturb high value farmland composed predominately of Class I and Class II
soils; And
(D) The area where the
proposed mining operation will be located has been listed as a significant
aggregate resource site by the local government with jurisdiction and the
listing is based in part on the thickness of the aggregate layer pursuant to
the rules of the Land Conservation and Development Commission OAR
660-023-0180.
(b)
Applications for amended operating permits for mine sites where this rule is
already applicable, or where the amendment proposes to expand the excavation
area onto land not already approved for mine excavation when all of the
following circumstances exist:
(A) The
applicant proposes to mine an aggregate resource,
(B) The proposed mining operation is located
within the Willamette Valley,
(C)
Excavation for the proposed mine will disturb high value farmland composed
predominately of Class I and Class II soils; And
(D) The area where the proposed mining
operation will be located has been listed as a significant aggregate resource
site by the local government with jurisdiction and the listing is based in part
on the thickness of the aggregate layer pursuant to the rules of the Land
Conservation and Development Commission OAR 660-023-0180.
(3) An operating permit for a
mining operation subject to Section (2) of this rule must require the operator
to excavate substantially all of the significant aggregate resource, except in
any of the following areas:
(a) Areas
designated as buffers or setbacks established in the operating
permit,
(b) Areas needed to meet
sloping requirements in the operating permit or reclamation plan,
(c) Areas where aggregate removal is limited
by other operating permit requirements or permit conditions that are imposed to
protect health, safety, or the environment; And
(d) Areas where aggregate removal is limited
by the requirements imposed under the regulatory authority of a federal agency,
local government, or other state agency.
(4) Before the Department issues a new or
amended operating permit subject to Section (2) of this rule, the applicant
must demonstrate to the satisfaction of the Department that the applicant has
the mechanical ability to comply with the requirements established in Section
(3) of this rule. An applicant must demonstrate mechanical ability to comply
with the rule by providing the following:
(a)
A detailed plan describing the equipment, techniques, and order or sequence of
mining operations that will be used to complete the excavation of substantially
all of the significant aggregate resource except where excavation is limited as
provided for in Sections (3)(a) - (3)(d) of this rule. The plan may be based on
geotechnical borings, geophysical surveys, direct observations, or other
methods acceptable to the Department; And
(b) Include a detailed contour map showing
the proposed geometry of the excavation area following the removal of the
significant aggregate resource throughout the mine site prior to the placement
of any proposed reclamation backfill material.
(c) The plan required under Sections (4)(a) -
(4)(b) of this rule does not require the applicant to address the excavation of
aggregate below the depth of the significant aggregate resource.
(5) The Department will not
approve partial or final reclamation, including final closure of an operating
permit subject to this rule, unless the operator has demonstrated compliance
with Section (3) except where excavation is limited as provided for in Sections
(3)(a) - (3)(d). If any portion of the excavation area is proposed to be
backfilled as part of the reclamation plan, the permittee must demonstrate to
the Departments satisfaction that the significant aggregate resource has been
removed in compliance with Section (3) of this rule prior to the placement of
any reclamation backfill material. Documentation of compliance with Section (3)
of this rule must be submitted to the Department for approval prior to the
Department considering any partial or final reclamation including final closure
of the operating permit. The documentation must demonstrate, to the
satisfaction of the Department, the final excavation depth throughout the mine
site, including individual mine cells, and removal of substantially all of the
significant aggregate resource in compliance of Section (3) of this rule.
Documentation may include but not be limited to:
(a) Post mining bathymetric surveys,
excavation logs, or other documentation of adequate resolution and precision
acceptable to the Department, in cases where mining resulted in a water filled
excavation pit; Or
(b) Remote
sensed data, topographic surveys, or other documentation of adequate resolution
and precision acceptable to the Department, in cases where mining resulted in a
dry excavation pit.
Statutory/Other Authority: ORS 517
Statutes/Other Implemented: ORS
517.825
