Current through Register Vol. 63, No. 9, September 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.
(3) Subject to the limitations in ORS
517.862, an operating permit
issued by the Department will remain in effect for the period of time necessary
to mine and reclaim the land described in the permit and subject to the
requirements of the law. Each operating permit is to be renewed prior to the
anniversary date by submitting the required annual fee, any other accrued fees,
and filing the annual report. As a courtesy, the Department may notify the
permittee by mail at least 45 days prior to the anniversary date of the permit
and provide the necessary renewal forms and fee schedule for permit renewal. In
cases of nonrenewal, a second notice may be sent prior to issuance of a closure
order. The permittee shall maintain an operating permit until mining and
reclamation, including revegetation (if required), have been completed.
(4)
(a) If the Department determines from
inspections conducted pursuant to ORS
517.850, or from any other
source, that the operation is not in compliance with the approved operating
permit, ORS 517.750 to
517.900, or the rules adopted
thereunder, the Department shall give written notice of noncompliance to the
permittee;
(b) 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
632-035-0056. 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 the environment. 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.
(c) The Department will notify the permittee
in writing within ten days of verification of compliance.
Stat. Auth.: ORS 517
Stats. Implemented: ORS
517.740 &
517.800
