Division 37


Published: 2015

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The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES









 

DIVISION 37

CONSOLIDATED PERMITTING OF
MINING OPERATIONS
632-037-0005
Purpose
(1) The purpose of these rules is to
implement the consolidated permitting provisions of ORS 517.952 to 517.989, applicable
to metal mines, except placer mines and operations using only gravity separation
to process ore. These rules address:
(a) Implementation of a state
consolidated permitting process for mining operations;
(b) Coordination of federal
and state permitting processes as they relate to the consolidated permitting process;
and
(c) Opportunities for public
participation and comment throughout the state consolidated permitting process.
(2) It is the policy of the
State of Oregon to protect the environmental, scenic, recreational, social, archaeological
and historic resources of this state from unacceptable adverse impacts that may
result from mining operations, while permitting operations that comply with the
provisions set forth in ORS 517.952 to 517.989, and ensure the protection of the
public health, safety, welfare and the environment.
(3) Applicants submitting
a consolidated application to the Department should be aware that federal and local
agencies may require the applicant to obtain additional permits and approvals prior
to operation.
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.750
- 517.995
Hist.: GMI 2-1991, f. &
cert. ef. 10-11-91; DGMI 1-2014, f. & cert. ef. 4-2-14
632-037-0010
Definitions
The definitions in ORS 517.952 are hereby
incorporated as the definitions to be used in interpreting these rules, unless a
term is specifically defined within these rules.
(1) "Affected Agency" includes
permitting agencies, cooperating agencies and commenting agencies.
(2) "Available Technology"
means technology that is obtainable and has been demonstrated to meet environmental
standards at an existing mine or a demonstration project of similar size and scale,
or is reasonably expected to meet or exceed environmental standards at the proposed
mine.
(3) "Baseline Data" means
information gathered to characterize the natural and cultural environments of a
mining operation site before a mining operation begins.
(4) "Chemical Processing"
means a processing method for extracting metal from metal bearing ores that uses
chemicals to dissolve metals from ore.
(5) "Commenting Agency" means
an agency that makes recommendations to the Department or to a permitting agency
regarding permit conditions or whether to approve or deny a permit under the consolidated
application process established under ORS 517.952 to 517.989. Commenting agencies
may include but are not limited to the following agencies: Department of Economic
Development, Emergency Management Division, Department of Energy, Department of
Forestry, Health Division, Department of Land Conservation and Development, Department
of Parks and Recreation, Public Utility Commission, Office of the State Fire Marshal,
and the Department of Transportation. Commenting agencies may also be permitting
and cooperating agencies that wish to comment on a permit issued by another agency.
(6) "Consolidated Application"
means the single application required under ORS 517.971.
(7) "Cooperating Agency"
means an agency that has statutory responsibility related to a mining operation
but that does not issue a permit for the mining operation. Cooperating agencies
may include but are not limited to the following agencies: Department of Agriculture
and Department of Fish and Wildlife.
(8) "Credible Accident" means
an unplanned discharge of ore processing solutions, ore processing solution contaminated
water, or chemicals from a mine facility into surface water, ground water, soil,
overburden, or living resources in sufficient quantity to impair the pre-mine quality
of the receiving water, soil, overburden, or living resources, or that would exceed
the discharge limitations of the Department of Environmental Quality. A credible
accident may also include but is not limited to the following types of accidents:
fires, unplanned detonation of explosives, equipment failures, fuel spills and accidents
resulting from human errors.
(9) "Department" means the
Department of Geology and Mineral Industries.
(10) "Disturbed Area" means
any area within a permit area boundary where surface or subsurface resources are
impacted as a result of mining, processing or mine facilities.
(11) "Environmental Evaluation"
means an analysis prepared under ORS 517.979 to address specific impacts of the
mining operation, to allow affected agencies to develop permit conditions.
(12) "Environmental Standards"
means standards established either by statute or rule that must be met by a mining
operation.
(13) "Facilitating Agency"
means the Department of Geology and Mineral Industries. The Department shall coordinate
the activities of the affected agencies related to the consolidated application
process established in ORS 517.952 to 517.989.
(14) “Gravity Separation”
means the separation of mineral particles, with the aid of water or air, according
to the differences in the specific gravities of the particles.
(15) “Master List”
means a consolidated list of all interested persons compiled by the Department and
each permitting and cooperating agency and maintained by the Department.
(16) "Mine Facilities" includes
but is not limited to the following:
(a) Leach pads and vats;
(b) Recovery plants and/or
mill;
(c) Process solution ponds
and/or storage ponds;
(d) Impoundments and diversions;
(e) Tailing disposal facility;
(f) Haul roads;
(g) Open pits;
(h) Related buildings;
(i) Energy facilities at
the mine site;
(j) Disposal areas for waste
rock and other mining wastes; and
(k) Storage areas for subgrade
ore.
(17) “Mining Operation”
means a surface or underground mine that processes, produces, or reclaims metal
ore using a method other than, or in addition to, gravity separation to process
the ore.
(18) "Mitigation" means the
reduction of adverse effects of a proposed mining operation by considering, in the
following order:
(a) Avoiding the impact altogether
by not taking a certain action or parts of an action;
(b) Minimizing impacts by
limiting the degree or magnitude of the action and its implementation;
(c) Rectifying the impact
by repairing, rehabilitating or restoring the affected environment;
(d) Reducing or eliminating
the impact over time by preservation and maintenance operations during the life
of the action by monitoring and taking appropriate corrective measures; or
(e) Compensating for the
impact by replacing or providing comparable substitute resources or environments.
(19) "Necessary Technology"
means technology that is required to ensure compliance with environmental standards.
(20) "Operating Permit" means
a permit issued by the Department that allows for the mining and processing of metal-bearing
ores and provides for reclamation.
(21) "Permit Area" means
the geographical location of a mining operation and related development activities
covered by an operating permit and is defined by boundaries acceptable to the Department
submitted by the applicant on a map. The permit area shall include the reasonably
foreseeable extent of the mine and will generally be a parcel or contiguous parcels
of land available to the permittee for mining. Areas used for the storage or disposition
of any product or waste material from the mining operation, even though separate
from the area of extraction, shall be included in the permit area. The permit area
may be redefined as the mining operation progresses, subject to the requirements
of OAR 632-037-0120.
(22) "Permitting Agency"
means an agency that has a separate permitting authority for a proposed mining operation.
Permitting agencies may include but are not limited to the following agencies: Department
of Environmental Quality; Department of Geology and Mineral Industries, Division
of State Lands, and the Water Resources Department.
(23) "Person" means any individual,
partnership, corporation, association, public interest organization, the State of
Oregon or any political subdivision, board, agency or commission of the State of
Oregon.
(24) "Practicable Technology"
means available and necessary technology whose costs are not significantly disproportionate
to the potential environmental benefits. A technology is not practicable if the
cost is so high it renders a mining operation infeasible.
(25) "Processing" means separating
metals from ore through a method other than gravity separation, including milling
and the use of chemicals to dissolve metals from ore. As used in these rules, "processing"
includes, but is not limited to; cyanide heap leach processing operations, cyanide
vat processing operations, and froth floatation processing operations.
(26) "Processing Solutions"
means those solutions that are used directly or indirectly to recover minerals.
(27) "Project Coordinating
Committee" means the interagency governmental committee established in accordance
with ORS 517.965.
(28) "Reclamation" means
the employment in mining of procedures reasonably designed to minimize as much as
practicable the disruption from the mining operation and to provide for the rehabilitation
of any surface and subsurface resources through the use of plant cover, soil stability
techniques, measures to protect the surface and subsurface water resources, including
but not limited to domestic water use and agricultural water use, and other measures
appropriate to the subsequent beneficial use of any land or water resource affected
by a mining operation. Surface reclamation shall also provide for the protection
of human health and safety, as well as that of livestock, fish, and wildlife; environmental
protection; and the establishment of a self-sustaining ecosystem, comparable to
undamaged ecosystems in the area of the mine.
(29) "Study Area" means those
areas determined by the technical review team for which baseline data must be collected
and an environmental evaluation and socioeconomic impact analysis must be developed.
(30) "Technical Review Team"
means the interagency group established in accordance with ORS 517.967.
(31) "Undamaged Ecosystem"
means an ecosystem that is comparable in utility and stability to the ecosystem
surrounding the mine and/or the pre-mine ecosystem, and that retains the principal
ecological characteristics reasonably expected to exist under local, climatic, geological,
soil, hydrological and biological conditions.
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.750
& 517.952
Hist.: GMI 2-1991, f. &
cert. ef. 10-11-91; DGMI 1-2014, f. & cert. ef. 4-2-14
632-037-0015
State and Federal Agency Coordination
(1) When a mining operation is proposed
on federal land, the Department shall, when agreed to by the federal agency, enter
into a memorandum of agreement with the federal agency that is designated as the
lead agency for the proposed mine under the National Environmental Policy Act. The
purpose of a memorandum of agreement shall be to coordinate the state consolidated
application process established in ORS 517.952 to 517.989 with the federal application
process to the fullest extent possible.
(2) The memorandum of agreement
may:
(a) Provide for the selection
of the same third party contractor, if any, to prepare the environmental evaluation
and socioeconomic impact analysis required by ORS 517.952 to 517.989 and the environmental
assessment or environmental impact statement required by the National Environmental
Policy Act;
(b) Coordinate the timeliness
for preparation and content of the environmental evaluation and the environmental
assessment or environmental impact statement;
(c) Ensure that all data,
information and documents prepared in satisfaction of the requirements of ORS 517.952
to 517.989 will also satisfy to the fullest extent possible the requirements of
corresponding portions of the National Environmental Policy Act; and
(d) Ensure that the state
and federal financial security requirements are coordinated to the fullest extent
possible.
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.952
& 517.965
Hist.: GMI 2-1991, f. &
cert. ef. 10-11-91; DGMI 1-2014, f. & cert. ef. 4-2-14
632-037-0020
Project Coordinating Committee
(1) Purpose. The purpose of a project
coordinating committee shall be to share information and coordinate county, state
and federal permitting requirements in order to avoid contradictory requirements,
facilitate the exchange of ideas, promote interdisciplinary decision making, optimize
communication and avoid duplicative effort. A project coordinating committee shall
also review proposed permit modifications that are deemed significant by a permitting
agency or a cooperating agency under OAR 632-037-0120 and determine those portions
of ORS 517.952 to 517.989 and these rules with which the applicant must comply.
(2) Committee Members. The
Department shall act as the facilitating agency for a project coordinating committee.
Upon receipt of a notice of intent, the Department shall request the participation
of a representative of each of the following:
(a) All permitting and cooperating
agencies;
(b) Affected federal agencies;
(c) Local government agencies;
and
(d) Any affected Indian tribe.
(3) Staff. Each permitting
and cooperating agency shall designate an appropriate staff person(s) to participate
on the project coordinating committee. Each agency shall assume responsibility for
those sections of the consolidated application and environmental evaluation over
which the agency has permitting authority or special expertise.
(4) Meetings. The project
coordinating committee shall meet at appropriate times during the consolidated application
process. Any member may request a meeting of the Committee. If a majority of members
concur with the request, the Department shall facilitate a meeting. All meetings
of the project coordinating committee shall be open to the public and each meeting
shall include an opportunity for public comment on matters before the Committee.
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.965
Hist.: GMI 2-1991, f. &
cert. ef. 10-11-91; DGMI 1-2014, f. & cert. ef. 4-2-14
632-037-0025
Technical Review Team
(1) Duties. The duties of the technical
review team shall include but not be limited to the following:
(a) Provide an interagency
and interdisciplinary review of technical permitting issues and serve in an advisory
capacity to a project coordinating committee;
(b) Approve the methodology
to be used in the collection of baseline data;
(c) Coordinate with the applicant
the collection and verification of baseline data;
(d) Determine the study areas
for a proposed mine;
(e) Identify any reasonable
alternatives that were not analyzed by the applicant or contractor in a consolidated
application and direct staff or a third party contractor to analyze such alternatives
in accordance with the requirements of OAR 635-037-0045(5);
(f) Determine whether any
part of a consolidated application, including an environmental evaluation, is complete;
(g) Determine whether a proposed
mining operation complies with the standards established in ORS 517.952 to 517.989,
these rules and the statutes and rules governing the issuance of all applicable
permits set forth in ORS 517.952 to 517.989;
(h) Reconcile contradictory
permit conditions;
(i) Advise an applicant of
the application requirements relevant to a proposed mine; and
(j) Identify the characteristics
reasonably expected to exist under local conditions under OAR 632-037-0010(24).
(2) Team Members. The Department
shall act as the facilitating agency for the technical review team. Upon receipt
of a notice of intent, the Department shall request the participation of a representative
of each permitting and cooperating agency.
(3) Staff. Each permitting
and cooperating agency shall designate an appropriate staff person(s) to participate
on the technical review team. Each agency shall assume responsibility over those
sections of the consolidated application and environmental evaluation over which
the agency has permitting authority or special expertise. When special expertise
resides in more than one agency, the agencies shall coordinate their activities
to avoid duplication or contradiction.
(4) Meetings. The technical
review team shall meet at those times necessary and appropriate to accomplish the
purposes of ORS 517.952 to 517.989 and these rules. Any member may request a meeting
of the team. If a majority of other members concur with the request, the Department
shall facilitate a meeting.
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.967
Hist.: GMI 2-1991, f. &
cert. ef. 10-11-91; DGMI 1-2014, f. & cert. ef. 4-2-14
632-037-0030
Public Notice Procedure
(1) Whenever public notice is required
by ORS 517.952 to 517.989 or these rules, the Department shall:
(a) Mail a written notice
to all permitting and cooperating agencies and affected federal and local agencies;
(b) Mail a written notice
to each owner of property located within one-half mile of the perimeter of the proposed
permit area of the mining operation. As used in this paragraph, "owner" means the
owner of the title to real property or the contract purchaser of real property of
record as shown on the last available complete tax assessment roll;
(c) Mail a written notice
to persons on the master list;
(d) Mail a written notice
to unpatented mineral claimants for claims that are filed with the county and are
located within one-half mile of the perimeter of the proposed permit area of the
mining operation; and
(e) Cause to be published
a notice in at least one newspaper of general circulation in the state and in at
least one local newspaper of general circulation in the county or counties in which
the proposed mining permit area is located. A notice by publication shall be given
at least once each week for two weeks immediately preceding an action by the Department
or following an action by an applicant that requires public notice under ORS 517.952
to 517.989 or these rules. In the event that a local newspaper is not published
on a weekly basis, the notice by publication shall be given in a manner that is
consistent with the publishing schedule of a local newspaper.
(2) The notice provided pursuant
to this section shall satisfy any notice requirement of an individual permitting
or cooperating agency related to a permit included in the consolidated application
process.
(3) A notice given pursuant
to section (1) of this rule shall include:
(a) The name, address and
telephone number of the Department and all permitting and cooperating agencies,
and, if applicable, the local government responsible for land use approval, including
a contact person for each agency when known;
(b) The name and address
of the applicant;
(c) The location of the proposed
mining operation;
(d) A description of the
action or proposed action;
(e) The location or locations
where interested persons may obtain further information and inspect and copy relevant
forms and documents;
(f) A statement describing
any opportunities and requirements for public comment and the date, time and location
of any public meeting or hearing; and
(g) Any other information
required by ORS 517.952 to 517.989 or these rules.
(4)(a) The Department shall
establish a master list for each proposed mining operation. To establish a master
list, the Department shall request from each permitting and cooperating agency a
list of the names and addresses of persons who have expressed interest in a proposed
mining operation;
(b) The Department may charge
the addressee on the master mailing list a fee of $5 to defray the costs of maintaining
the master list and mailing public notices to persons on the master list. Any person
may be added to the master list by mailing or delivering a written request and,
if required, the fee to the Department.
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.959
Hist.: GMI 2-1991, f. &
cert. ef. 10-11-91; DGMI 1-2014, f. & cert. ef. 4-2-14

Pre-Application Phase

632-037-0035
Notice of Intent
(1) A prospective applicant shall file
with the Department a notice of intent to submit a consolidated application. The
notice shall include the following information:
(a) Name and location of
the proposed mining operation, including a legal description of an area that fully
encompasses the proposed boundary of the permit area and a general description of
the proposed boundary of the permit area;
(b) Name, mailing address
and phone number of the prospective applicant;
(c) The legal structure (e.g.,
corporation, partnership, individual) of the applicant as filed in the business
registry with the Secretary of State and the legal address of the applicant.
(d) Brief description of
the proposed mining operation.
(2) Within ten days of the
filing of a notice of intent, the prospective applicant shall post a copy of the
notice at each common access point and on four posts, one post at each of the four
cardinal headings (north, south, east and west) along the proposed boundary of the
permit area. For the purposes of this section, "common access points" shall include
but not be limited to roads and trails as shown on such documents as state and county
road maps and quadrangles prepared by the United States Geological Survey.
(3) Upon receipt of a notice
of intent, the Department shall:
(a) Provide public notice
in accordance with OAR 632-037-0030. The notice shall include the information contained
in the notice of intent and information on how a person may be added to the master
list;
(b) Activate a project coordinating
committee for the proposed mining operation and coordinate the participation of
committee members and the prospective applicant in the activities of the project
coordinating committee;
(c) Activate a technical
review team; and
(d) Inform the prospective
applicant of the names and contact persons for all permitting and cooperating agencies
that will be participating in the consolidated application process.
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.958
& 517.961
Hist.: GMI 2-1991, f. &
cert. ef. 10-11-91; DGMI 1-2014, f. & cert. ef. 4-2-14
632-037-0040
Notice of Prospective Applicant’s
Readiness to Collect Baseline Data
(1) When a prospective applicant is
ready to begin collecting baseline data for a proposed mining operation, the applicant
shall notify the Department. The notice shall include a proposed baseline data collection
work plan. A work plan by discipline shall include:
(a) Data collection methodologies
by discipline;
(b) Area of study; and
(c) Timing and duration of
baseline data collection and verification.
(2) Upon receipt of a notice
of a prospective applicant's readiness to begin collecting baseline data, the Department
shall provide public notice that the applicant is ready to begin collecting baseline
data and identify the location(s) where additional information may be obtained or
reviewed.
(3) Within 30 days after
receiving a notice, the Department shall conduct two public information meetings.
One public meeting shall be conducted in the population center closest to the proposed
mining operation and one public meeting shall be conducted in a major population
center for the state, as determined by the Department. If the major population center
for the state is the same as the population center closest to the proposed mining
operation, the Department may conduct only one public information meeting.
(4) The Department shall
accept written comments from the public and affected agencies for 45 days after
receiving the notice.
(5) The purposes of the public
information meetings and public comment period in sections (3) and (4) of this rule
shall be to:
(a) Identify issues raised
by the proposed mining operation; and
(b) Receive information from
the public, including information related to the collection of baseline data that
is relevant to the characterization of the pre-mine environment and the evaluation
of a consolidated application for a proposed mining operation in order to assist
the Department and the permitting and cooperating agencies.
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.958
& 517.969
Hist.: GMI 2-1991, f. &
cert. ef. 10-11-91; DGMI 1-2014, f. & cert. ef. 4-2-14
Application PhaseConsolidated Application
632-037-0045
Content
The applicant shall submit to the Department
a consolidated application that includes but is not limited to the following sections:
(1) General Information;
(2) Existing Environment
– Baseline Data;
(3) Operating Plan;
(4) Reclamation and Closure
Plan;
(5) Alternatives Analysis.
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.971
Hist.: GMI 2-1991, f. &
cert. ef. 10-11-91; DGMI 1-2014, f. & cert. ef. 4-2-14
632-037-0050
General Information
The General Information section of a
consolidated application shall include but not be limited to the following:
(1) The name, mailing address
and phone number of the applicant and a registered agent for the applicant.
(2) The name(s) and address(es)
of all owners of the surface and mineral estate.
(3) The legal structure (e.g.,
corporation, partnership, individual) of the applicant as filed in the business
registry with the Secretary of State and the legal address of the applicant.
(4) The proposed starting
date and expected life of the proposed mining operation.
(5) The name and location
of the proposed facility.
(6) The location of existing
and proposed roads.
(7) Appropriate maps, aerial
photographs, cross sections, plans, design drawings and documentation of appropriate
scale may be required by the technical review team. The applicant may contact the
technical review team for recommendations regarding scale and amount of detail required.
The applicant may be required to submit extra copies of materials to be circulated
to other agencies. Information that may typically be required on maps, aerial photographs
or design drawings includes but is not limited to:
(a) Permit area lateral extent
and proposed depth of excavation;
(b) Mine location;
(c) Waste rock, ore storage,
subgrade ore or overburden stockpile locations;
(d) Processing facility locations;
(e) All other facility locations;
(f) Topsoil stockpile locations;
(g) Typical cross sections,
including but not limited to, the pit, major facilities, cut and fill slopes and
other disturbed areas;
(h) Plan views and profiles,
including but not limited to, the pit, major facilities, cut and fill slopes and
other disturbed areas;
(i) Existing watercourses
and ponds;
(j) Interim watercourses
and ponds;
(k) Reconstructed watercourse
and ponds;
(l) Proposed post-mining
topography;
(m) Property lines;
(n) General ore body location
and area extent.
(8) Written evidence that
the surface estate and mineral estate owners concur with the proposed reclamation
plan and that they will allow the Department access to complete reclamation within
the permit area if the permittee fails to comply with the approved reclamation plan.
If the applicant can document a legal right to mine without the consent of the surface
owner, and the applicant can ensure that the Department will have a right to enter
upon the permit area to complete the reclamation within the permit area if the permittee
fails to complete the approved reclamation plan, the Department may issue an operating
permit. If the proposed mine is located on federal land, the requirement of this
section can be satisfied by documentation from the federal government verifying
that the land is open to mineral exploration and development.
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.971
Hist.: GMI 2-1991, f. &
cert. ef. 10-11-91; DGMI 1-2014, f. & cert. ef. 4-2-14
632-037-0055
Existing Environment — Baseline
Data
The Existing Environment — Baseline
Data section of a consolidated application shall include but not be limited to the
following:
(1) Baseline data that describes
the environmental, socioeconomic, historical, and archaeological conditions of the
study area, and the land use designations and special use designations in the study
area. Such information shall include, but not be limited to, description of the
following:
(a) Vegetation;
(b) Soil/overburden;
(c) Climate/air quality;
(d) Fish, fish habitat and aquatic
biology;
(e) Wildlife and wildlife habitat;
(f) State or federally listed
threatened or endangered species and habitat and state sensitive species and habitat;
(g) Surface and groundwater;
(h) Seismicity;
(i) Geology and geologic hazards;
(j) Mineralogy and chemistry;
(k) Noise;
(l) Existing land use and land
use designations;
(m) Cultural/historical resources;
(n) Archaeological resources;
(o) Socioeconomic conditions;
(p) State scenic waterways designated
under ORS 390.805 {to} 390.925 and federal wild, scenic or recreational rivers designated
under 28 U.S.C. 1271 {to} 1287; and
(q) Identification of special
natural areas designated by the state or federal government, including but not limited
to the following:
(A) Areas designated as areas
of critical environmental concern as defined by the Federal Land Policy and Management
Act, 43 U.S.C. 1700 et seq.;
(B) Research natural areas as
defined by the National Forest Management Act of 1976, Public Law 94-588 as amended;
(C) Outstanding natural areas
as defined by 43 CFR 2070; and
(D) Areas designated by the
Oregon Natural Heritage Plan established under ORS 273.576.
(2) The level of detail required
in section (1) of this rule may vary depending upon the location, size, scope and
type of mining operation. The applicant should consult with the Department and the
technical review team to determine the level of detail necessary for the applicant's
proposed mining operation;
(3) The Department and the technical
review team shall coordinate with appropriate federal agencies that have similar
baseline data requirements, to avoid duplication for the applicant.
Stat. Auth.: ORS 517.750 - 517.995

Stats. Implemented: ORS 517.971

Hist.: GMI 2-1991, f. &
cert. ef. 10-11-91; DGMI 1-2014, f. & cert. ef. 4-2-14
632-037-0060
Operating Plan
The Operating Plan section of a consolidated
application shall include but not be limited to the following:
(1) A detailed description
of the proposed mining and ore processing methods.
(2) A general list of equipment
required for the proposed operation.
(3) A general schedule of
construction and operation starting with the beginning of construction and ending
with the completion of mining.
(4) General design assumptions
and plan profile, cross sections and capacities for mine facilities including but
not limited to:
(a) Leach pads;
(b) Impoundments;
(c) Ponds;
(d) Stormwater and surface
water diversion systems;
(e) Waste disposal systems;
(f) Stockpiles and dumps;
(g) Pits;
(h) Tailing disposal facilities;
and
(i) Transportation and storage
systems for hazardous chemicals.
(5) A process water budget
analysis including but not limited to:
(a) Precipitation and evaporation
data;
(b) Make-up water needs;
(c) Make-up water source;
(d) Procedures to dispose
of precipitation and ground water in excess of designed capacities to include but
not be limited to solution treatment facilities or proposed treatment, disposal
or discharge strategies. This section should be coordinated with procedures for
seasonal or temporary closure and decommissioning of the operation;
(e) Surface water runoff
determination for the watershed containing the mining operation.
(6) Seasonal or temporary
closure procedures if applicable including but not limited to:
(a) Target seasonal or temporary
storage volumes;
(b) Total system storage
capacity;
(c) Procedures to handle
volumes of water in excess of seasonal or temporary storage capacities;
(d) Estimated schedule for
closure; and
(e) Monitoring and reporting
programs, including but not limited to:
(A) Surface and ground water
monitoring systems within and outside of the permit area and reporting frequency;
(B) Water balance of the
process system and leak detection systems and reporting frequency;
(C) Biological monitoring
and reporting procedures and frequency; and
(D) Fish and wildlife injury
and mortality monitoring and reporting frequency developed according to standards
adopted by the Department of Fish and Wildlife.
(7) Operational monitoring
and reporting programs, including but not limited to:
(a) Surface and ground water
monitoring systems within and outside of the permit area and reporting frequency;
(b) Water balance of the
process system and leak detection systems and reporting frequency;
(c) Biological monitoring
and reporting procedures and frequency; and
(d) Fish and wildlife injury
and mortality monitoring and reporting frequency developed according to standards
adopted by the Department of Fish and Wildlife.
(8) Surface water management
procedures to provide for protection against contamination of ground water and the
off-site discharge of sediments into adjacent waterways.
(9) Plans for stable storage
of the following:
(a) Overburden;
(b) Waste rock and low grade
ore: The pre-dump topography, ground preparation, method of emplacement of dump
material, height of lifts, total height and final slopes shall be described. The
Department shall require design and review by a registered professional engineer
or certified engineering geologist;
(c) Topsoil or suitable growth
media maintained for use in revegetation;
(d) Mill tailings: Plans
and specifications of all dams, impoundments or landfills proposed to be constructed
for the purpose of storing or disposing of mill tailings, processing solutions or
other materials consequent to the mining and milling operation may be required by
the Department to be prepared by a registered professional engineer or certified
engineering geologist. Procedures to prevent pollution of air, water and land shall
be described. Details on how each tailings disposal facility will be reclaimed shall
be submitted; and
(e) Mined ore: Plans and
specifications prepared by a registered professional engineer or certified engineering
geologist of all ore storage facilities may be required by the Department. Ore storage
facilities may include but not be limited to reusable or permanent leach pads, stockpiles,
storage bins and silos.
(10) A subsidence control
plan for underground mines:
(a) An application for an
underground mine operation must include an inventory that shows whether structures,
renewable or nonrenewable resources, or water resources exist within the proposed
permit area and adjacent area, and whether subsidence may in the professional judgment
of the Department cause damage to, or diminution of reasonable foreseeable uses
of the structures, renewable or nonrenewable resources, or water resources;
(b) If the Department finds,
after reviewing the inventory, that no structure or renewable or nonrenewable resource
exists and in the professional judgment of the Department no damage or diminution
could be caused in the event of mine subsidence, the Department will not require
further information under this subsection;
(c) If the Department finds,
after reviewing the inventory, that any structure, renewable or nonrenewable resource,
or water resources exists and that subsidence could in the professional judgment
of the Department cause damage or diminution of value of subsequent land use, then
the applicant shall submit a subsidence control plan that contains:
(A) A detailed description
of all proposed methods of operation that may cause subsidence including the technique
of ore removal and the extent, if any, to which planned and controlled subsidence
is intended;
(B) A detailed description
of the measures to be taken to mitigate or prevent damage caused by subsidence,
or diminution of value of subsequent land use, including the anticipated effects
of planned subsidence, if any, and measures to be taken to reduce the likelihood
of subsidence;
(C) Measures to be taken
on the surface to prevent damage or lessening of the value of subsequent land use;
(D) A detailed description
of measures to be taken to determine the degree of damage or diminution of value
of subsequent land use including measures such as the results of pre-subsidence
surveys of all structures and surface features that might be damaged by subsidence
and monitoring, if any, proposed to measure deformation near specified structures
or features or otherwise as appropriate for the operations.
(11) A list of chemicals
and the quantity of such chemicals to be used and procedures for the handling, storage
and disposal of any chemicals, acid-forming materials or radioactive or hazardous
material or wastes generated from or required for mining or processing at the proposed
operation.
(12) A fish and wildlife
protection and mitigation plan developed according to standards adopted by the Department
of Fish and Wildlife.
(13) A plan for the transportation
of toxic chemicals developed according to standards adopted by the State Fire Marshal.
(14) An employee safety training
plan developed according to state and federal law.
(15) A spill prevention plan
that includes but is not limited to initial response, safety, reporting procedures,
notification to appropriate state and local agencies and a corrective action plan.
(16) Characterization and
management plan for all wastes, including quantity and quality.
(17) Within 30 days after
completion of construction, but before mine operation, a signed registered engineers'
or certified engineering geologists' report, complete with accurate drawings and
specifications depicting the actual construction shall be submitted to the Department.
Specific provisions shall be made for inspections by the Department, other permitting
agencies and cooperating agencies during construction and installation of any mine
facilities.
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.971
Hist.: GMI 2-1991, f. &
cert. ef. 10-11-91; DGMI 1-2014, f. & cert. ef. 4-2-14
632-037-0070
Reclamation and Closure Plan
The Reclamation and Closure Plan section
of a consolidated application shall include but not be limited to the following
provisions for the protection of public health, safety, and the environment:
(1) Procedures for the salvage,
storage and replacement of topsoil or acceptable substitute.
(2) Provisions for recontouring,
stabilization and topsoil replacement of all disturbed areas, where appropriate.
(3) Provisions for the revegetation
of all disturbed areas consistent with the establishment of a self-sustaining ecosystem,
comparable to undamaged ecosystems in the area of the mine. This shall include but
not be limited to seedbed preparation, mulching, fertilizing, species selection,
seeding planting rates and schedules. If applicable, the applicant shall include
a plan for control of noxious weeds as identified by the Department of Agriculture.
(4) Characterization and
management plan for all wastes, including quantity and quality.
(5) Provisions for specifying
adequate setbacks from adjacent property boundaries and from surface waters or other
resources when necessary to ensure compliance with environmental standards.
(6) Procedures for all impacted
or reconstructed stream channels, riparian area vegetation and stream banks to be
rehabilitated or restored so as to maximize water retention and to minimize bank
erosion, channel scour, siltation, and increased water temperatures.
(7) Provisions for prevention
of stagnant water may be required by the Department.
(8) Provisions for the establishment
of required slopes, including reclaimed highwalls and in-water slopes.
(9) Provisions for visual
screening of proposed operation if the permit area is visible from a public highway
or residential area. Techniques for visual screening include but are not limited
to vegetation, fencing or berms.
(10) Procedures for the removal
or disposal of all equipment, refuse, structures and foundations from the permit
area.
(11) Provisions to maintain
access to utilities when a utility company right-of-way exists.
(12) Procedures or information
for decommissioning mine facilities including but not limited to:
(a) Procedures for ore storage
sites to meet decommissioning performance standards for protection of air quality,
surface and ground water quantity and quality and living resources and to achieve
reclamation requirements;
(b) Procedures for tailing
disposal facility to meet decommissioning performance standards for long-term stability,
protection of air quality, surface and ground water quantity and quality and living
resources and to provide for attainment of reclamation objectives;
(c) Removal of all process
chemicals;
(d) Appropriate isolation
or removal of waste material; and
(e) Monitoring systems by
which the success of the proposed reclamation and closure can be measured for bond
release.
(13) An estimate of the total
cost of reclamation consistent with the standards imposed under ORS 517.750 to 517.955.
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.971
Hist.: GMI 2-1991, f. &
cert. ef. 10-11-91
632-037-0075
Alternatives Analysis
(1) The alternatives analysis shall
include an identification and analysis of the environmental impacts of the proposed
mining operation and alternatives to avoid or minimize adverse impacts and/or enhance
the quality of the human and natural environment.
(2) The alternatives analyzed
by the applicant or contractor shall include, but not be limited to, the following:
(a) Alternative locations
for mine facilities, including heap leach pads, roads, impoundments, ponds, ore
storage areas and waste disposal areas;
(b) Alternative designs,
processes (including chemical processes), operations and scheduling for mine facilities
and operations, including heap leach pads, roads, impoundments, ponds, ore storage
areas and waste disposal areas;
(c) Alternative water supply;
(d) Alternative power supply;
and
(e) Alternative reclamation
procedures.
(3) The alternatives analysis
shall include sufficient detail in the description of each alternative so that affected
agencies and the public may evaluate the comparative merits of each alternative.
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.979
Hist.: GMI 2-1991, f. &
cert. ef. 10-11-91; DGMI 1-2014, f. & cert. ef. 4-2-14
632-037-0077
Additional Requirements
In addition to the requirements in OAR
632-037-0050 to 632-037-0075, the applicant
shall submit all information required by either state law or the administrative
rules of a permitting agency to determine whether to issue or deny each and all
of the following permits that are applicable to the proposed operation:
(1) Fill and removal permits
required under ORS 196.600 to 196.665 and 196.800 to 196.900.
(2) Permits to appropriate
surface water or ground water under ORS 537.130 and 537.615, to store water under
ORS 537.400 and impoundment structure approval under ORS 540.350 to 540.390.
(3) National Pollutant Discharge
Elimination System permit under ORS 468.740.
(4) Water pollution control
facility permit under ORS 468.740.
(5) Air contaminant discharge
permit under ORS 468.310 to 468.330.
(6) Solid waste disposal
permit under ORS 459.205.
(7) Permit for use of power
driven machinery on forestland under ORS 477.625.
(8) Permit to clear right
of way on forestland where clearing constitutes a fire hazard under ORS 477.685.
(9) Permit for placing explosives
or harmful substances in waters of the state under ORS 509.140.
(10) Hazardous waste storage
permit under ORS 466.005 to 466.385.
(11) Land use permit, if
applicable consistent with the Department's state agency coordination agreement, including relevant sections of OAR chapter 632, division 001.
(12) Any other state permit
required for the proposed mining operation.
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.971
& 517.978
Hist.: GMI 2-1991, f. &
cert. ef. 10-11-91; DGMI 1-2014, f. & cert. ef. 4-2-14
Notice to Proceed
632-037-0080
Notice to Proceed
(1) Within ten days after receiving
a consolidated application, the Department shall provide a copy of the application
to each affected local government, permitting agency, cooperating agency and federal
agency. For the purposes of this section, "affected local government" shall mean
those local city and county governments, school districts, people’s utility
districts, irrigation districts, and road districts, that are within the study area
of the proposed mining operation. The Department shall also provide public notice
of the receipt of a consolidated application. In addition, upon written request,
a copy of the consolidated application shall be made available to any government
that believes it will be impacted by the proposed mining operation.
(2) Within 90 days of receipt
of a consolidated application, the Department, in conjunction with all permitting
and cooperating agencies, shall determine whether the application is complete. A
completeness determination shall include the verification of baseline data as accurate.
(3) Before determining whether
or not the application is complete and after all members of the technical review
team concur that the permitting and cooperating agencies are ready to begin preparing
draft permits, the Department shall conduct a public hearing and accept written
comments on whether the information contained in the consolidated application is
complete and sufficient to allow the permitting agencies to determine whether to
issue or deny a permit. The Department shall determine and provide public notice
of the date and location of the hearing and the period allowed for written comment.
Any person who believes an application is incomplete due to a lack of quantity or
quality shall clearly identify the incomplete sections of the application and the
reasons such sections are incomplete.
(4) If the permitting and
cooperating agencies determine that the application is complete, the Department
shall issue a Notice to Proceed with the permitting process and the preparation
of draft permits. If the applicant is not required to submit additional information
as suggested in oral or written comments that clearly identify the incomplete sections
of the application and the reasons such sections are incomplete, the agencies shall
prepare a written response explaining why the additional information is not being
requested from the applicant.
(5) If the permitting and
cooperating agencies determine that additional information is necessary, the Department
shall notify the applicant in writing of the additional information that is required.
Upon receipt of the additional information, the Department shall provide public
notice and accept written comments for a period of 14 calendar days.
(6) After the issuance of
a notice to proceed, if new information becomes available or is required by a permitting
agency or cooperating agency to determine whether to issue or deny a permit or issue
a permit with conditions, and the agencies determine that additional information
is significant to the issuance or denial of a permit, the Department shall conduct
an additional public hearing to determine whether the new information is complete
within 14 days of receipt of the information. The permitting and cooperating agencies
may continue to review an application while in the process of requesting additional
information.
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.977
Hist.: GMI 2-1991, f. &
cert. ef. 10-11-91; DGMI 1-2014, f. & cert. ef. 4-2-14
632-037-0085
Environmental Evaluation
(1) The purpose of an environmental
evaluation shall be to address specific impacts of a mining operation in order to
allow affected agencies to make decisions on whether to issue or deny a permit and
develop permit conditions. It shall provide full and fair discussion of significant
environmental impacts and shall inform decision makers and the public of reasonable
alternatives that would avoid or minimize adverse impacts and/or enhance the quality
of the human and natural environment. An environmental evaluation shall focus on
significant environmental issues and alternatives.
(2) For the purposes of this
rule, "impacts" include both direct and indirect impacts:
(a) "Direct impacts" are
those impacts that are caused by the action and occur at the same time and place
as the action;
(b) "Indirect impacts" are
those impacts that are caused by the action and are later in time or farther removed
in distance, but are still reasonably foreseeable.
(3) The Department shall
direct staff or hire a third party contractor to prepare an environmental evaluation.
The applicant shall pay costs of hiring a third party contractor. The scope of the
environmental evaluation shall be determined by the technical review team following
consultation with the project coordinating committee.
(4) An environmental evaluation
shall be completed by Department staff or a third party contractor at least 60 days
before the issuance of any draft permits. Upon receipt of a complete environmental
evaluation, the Department shall provide public notice in accordance with OAR 632-037-0030
stating that the environmental evaluation is complete and receive written comments
for a period of 14 calendar days after the notice is given.
(5) A complete environmental
evaluation shall include the following sections:
(a) Impact Analysis;
(b) Cumulative Impact Analysis;
(c) Alternatives Analyses.
(6) Impact Analysis. An impact
analysis shall include but not be limited to the following:
(a) An analysis of the reasonably
foreseeable causes and impacts of the proposed mine on the environment, including
but not limited to air, water, soil, vegetation, wildlife and wildlife habitat,
geology, cultural resources and visual resources; and
(b) An analysis of the causes
and impacts of the following types of credible accidents, including the catastrophic
consequences of such accidents even if the probability of occurrence is low, provided
that the analysis is supported by credible scientific evidence and is not based
on pure conjecture:
(A) Releases of contaminants
into the environment as a result of the mine operation or closure;
(B) Precipitation events
and other natural events such as earthquakes that exceed the design standards of
the mine facilities;
(C) Human error;
(D) Fire;
(E) Unplanned detonation
of explosives; and
(F) Equipment failures.
(7) Cumulative Impact Analysis.
A cumulative impact analysis shall include an assessment of the total cumulative
impact on the environment that results from the incremental impact of an action
when added with other past, present and reasonably foreseeable future actions, regardless
of the agency or persons that undertake the other action, or whether the actions
are on private, state or federal land:
(a) A cumulative impact analysis
shall include but is not limited to the following:
(A) An identification of
those resources for which an impact could occur from the proposed mining operation
that could potentially combine with the impacts of other past, present or reasonably
foreseeable future actions to produce a cumulative impact;
(B) An identification of
past, present and reasonably foreseeable future actions that may occur in the study
area, including each of the following types of actions:
(i) Similar actions. Actions
that, when viewed with other reasonably foreseeable or proposed actions, have similarities
that provide a basis for evaluating their environmental consequences together, such
as common timing or geography;
(ii) Connected actions. Actions
that cannot or will not proceed unless other actions are taken previously or simultaneously,
or that are interdependent parts of a larger action and rely on the larger action
for their justification;
(iii) Separate actions. Actions
that affect the same environmental resources, including air, vegetation, wildlife
and wildlife habitat, soil, and water resources.
(C) An analysis, by resource
category identified in paragraph (A) of this subsection, of the cumulative impacts
of the proposed mining operation and each of the actions identified in paragraph
(B) of this subsection.
(b) The extent of a cumulative
impact analysis shall be determined by a technical review team. In making such a
determination, the technical review team shall consider the following:
(A) The alternatives considered
for the proposed mining operation;
(B) The type of environmental
impacts that are evaluated in the environmental evaluation; and
(C) The physical dimension
of the proposed mining operation.
(8) Alternatives Analysis:
(a) An alternatives analysis
shall include a review and analysis of the following:
(A) All alternatives analyzed
by the applicant or applicant's contractor in accordance with OAR 632-037-0045(6);
and
(B) Any reasonable alternatives
identified by the technical review team to ensure that all alternatives within the
authority of each permitting or cooperating agency are reviewed and analyzed. The
alternatives identified by the technical review team may include, but not be limited
to, the following:
(i) Alternative locations
for mine facilities, including heap leach pads, roads, impoundments, ponds, ore
storage areas and waste disposal areas;
(ii) Alternative designs,
processes (including chemical processes), operations and scheduling for mine facilities
and operations, including heap leach pads, roads, impoundments, ponds, ore storage
areas and waste disposal areas;
(iii) Alternative water supply;
(iv) Alternative power supply;
and
(v) Alternative reclamation
procedures.
(b) The review and analysis
required under subsection (a) of this section shall:
(A) Explore and evaluate
the environmental impacts of all reasonable alternatives, and include a brief discussion
of reasons a particular alternative was eliminated by the applicant;
(B) Include sufficient detail
in the description of each alternative so that affected agencies and the public
may evaluate the comparative merits of each alternative; and
(C) Discuss the systematic
procedure used to arrive at the preferred alternative, including the decision criteria
used and the information considered.
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.978
Hist.: GMI 2-1991, f. &
cert. ef. 10-11-91; DGMI 1-2014, f. & cert. ef. 4-2-14
632-037-0090
Socioeconomic Impact Analysis
(1) Concurrent with the development
of an environmental evaluation, the Department shall direct staff or hire a third
party contractor to prepare a socioeconomic impact analysis. The analysis shall
include but not be limited to an identification of the major and reasonably foreseeable
socioeconomic impacts on individuals and communities located in the vicinity of
the proposed mine resulting from mine construction and operation. Such identification
shall include the short and long term impacts on population, economics, infrastructure
and fiscal structure. The Department shall make the analysis available to the public
upon request.
(2) Upon completion of the
socioeconomic impact analysis, the Department shall distribute a copy of the analysis
to each local government within the vicinity of the proposed mine and affected agencies.
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.980
Hist.: GMI 2-1991, f. &
cert. ef. 10-11-91
632-037-0095
Permitting Agency Action on a Consolidated
Application
(1) Within 225 days of the issuance
of a Notice to Proceed and not sooner than 60 days after the submittal of a complete
environmental evaluation, each permitting agency shall submit to the Department
its draft permit and permit conditions or permit denial document.
(2) If a permitting agency
includes in its draft permit a condition that is inconsistent with the environmental
evaluation, the agency shall include with its draft permits a written explanation
of the conditions setting forth the findings of the agency that support the condition.
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.978
Hist.: GMI 2-1991, f. &
cert. ef. 10-11-91; DGMI 1-2014, f. & cert. ef. 4-2-14
632-037-0100
Cooperating Agency Action on a Consolidated
Application
(1) At least 30 days before the issuance
of draft permits, each cooperating agency shall submit to the Department:
(a) Written concurrence or
non-concurrence with the terms and conditions of the draft operating permit as such
pertain to the statutory authority of each cooperating agency; and
(b) Permit conditions within
the expertise and authority of the cooperating agency.
(2) The Department shall
not issue a draft permit until each cooperating agency has concurred with the terms
and conditions of the draft permit as such pertain to the statutory responsibility
of each cooperating agency.
(3) The Department shall
include permit conditions submitted by a cooperating agency as conditions on the
Department's draft operating permit.
(4) If the Department finds
that a proposed permit condition imposed by a cooperating agency creates a conflict
between permits, the technical review team shall resolve the conflict.
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.981
Hist.: GMI 2-1991, f. &
cert. ef. 10-11-91; DGMI 1-2014, f. & cert. ef. 4-2-14
632-037-0105
Consolidated Public Hearing; Final
Permits
(1) Within 15 days of receiving all
draft permits and the completion of its draft operating permit, the Department shall
issue public notice of the date and location of a consolidated public hearing and
period for written comment on all permits.
(2) A consolidated public
hearing shall occur not sooner than 45 days and not later than 60 days after the
Department issues a public notice under section (1) of this rule.
(3) At least seven days before
the issuance of a final operating permit, each cooperating agency shall submit to
the Department:
(a) Written concurrence or
non-concurrence with the terms and conditions of the final operating permit as such
pertain to the statutory authority of each cooperating agency; and
(b) Permit conditions within
the expertise and authority of the cooperating agency.
(4) The Department shall
not issue a permit until each cooperating agency has concurred with the terms and
conditions of the permit as such pertain to the statutory responsibility of each
cooperating agency.
(5) The Department shall
include permit conditions submitted by a cooperating agency as conditions on the
Department's final operating permit.
(6) If the Department finds
that a proposed permit condition imposed by a cooperating agency creates a conflict
between permits, the technical review team shall resolve the conflict.
(7) Based on information
received at a consolidated public hearing and within 45 days of the hearing, or
within the time period required by applicable federal law, whichever is sooner,
each permitting agency shall approve, deny or modify the agency's permit with conditions
necessary to ensure that the mining operation allowed under a permit complies with
the applicable standards and requirements.
(8) Each other permitting
agency shall notify the Department of the issuance of final permits. The Department
shall provide public notice of the issuance of final permits.
(9) Notwithstanding any other
provisions of law, the Department and any other permitting agency shall take final
action to issue or deny a permit subject to the consolidated application process
within one year after issuance of a notice to proceed. However, with the concurrence
of the applicant, the processing of the application may be suspended for a period
of time to allow the applicant to resolve issues having a bearing on, or necessary
to any permitting agency's decision on whether to issue or deny a permit.
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.981
Hist.: GMI 2-1991, f. &
cert. ef. 10-11-91; DGMI 1-2014, f. & cert. ef. 4-2-14
632-037-0110
Appeals; Consolidated Contested
Case Hearing
(1) The applicant or any person who
appeared before a permitting agency at the consolidated public hearing, either orally
or in writing, may file with the State Geologist a written request for a consolidated
contested case hearing. The request shall be filed within 30 days after the date
the permit was granted or denied. The applicant or person requesting a consolidated
contested case hearing shall state the reasons for requesting the hearing and the
objections to the permitting agency's action in accordance with the Attorney General's
Model Rules of Procedure.
(2) Upon receipt of a request
under section (1) of this rule, the Department shall schedule a consolidated contested
case hearing. The hearing shall be held not less than 60 days or more than 75 days
after the notice of permit issuance or denial. The hearing shall be conducted in
accordance with ORS Chapter 183 and the Attorney General's Model Rules of Procedure.
(3) Any permit granted by
a permitting agency shall be suspended until completion of the administrative hearings
process.
(4) If all permitting agencies
are subject to ORS 183.635(1), DOGAMI may request that a single administrative law
judge be appointed to preside over the consolidated contested case hearing. If more
than one hearings officer is appointed, the Department shall appoint a chief hearings
officer. The role of the chief hearings officer shall be to organize the proceedings.
(5) The hearings officer(s)
shall prepare a proposed order for each contested permit.
(6) A party may file written
exceptions to the proposed order with the appropriate permitting agency. If the
permitting agency determines that additional information presented in a written
exception was unavailable at the time of the consolidated contested case hearing
and is significant to the adoption or modification of the proposed order, the agency
shall remand the order to the appropriate hearings officer for further consideration.
(7) After receiving exceptions
and hearing argument on the exceptions to the proposed order, the permitting agency
may either adopt the proposed order or issue a new order.
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.983
Hist.: GMI 2-1991, f. &
cert. ef. 10-11-91; DGMI 1-2014, f. & cert. ef. 4-2-14
632-037-0115
Judicial Review
(1) A petition for judicial review of
a permitting agency's issuance or denial of a permit must be filed with the Supreme
Court within 60 days following the date the permit is issued or denied following
the entry of an order subsequent to a consolidated contested case hearing.
(2) Except as provided in
section (3) of this rule, if the permit with prescribed conditions is approved,
the filing of a petition for judicial review shall stay the permit during the pendency
of judicial review for a period of up to six months from the date the petition is
filed. The Supreme Court may extend the stay beyond the six-month period upon written
request and a showing by the petitioner that the activities allowed under the permit
could result in irreparable harm to the site.
(3) When only the applicant
files a petition for judicial review, the six-month stay imposed under section (2)
of this rule may be removed by the permitting agency upon the applicant's written
request within 60 days after filing of the petition and upon a showing by the applicant
that supports a finding by the permitting agency that proceeding with any or all
activities under the permit will not result in irreparable harm to the site.
(4) In making findings under
section (3) of this rule, the permitting agency may require an additional bond or
alternative security to be filed with the Department as provided in ORS 517.987
and these rules. The bond or alternative security shall be in an amount the permitting
agency determines necessary to ensure complete restoration of the site if the petitioner
elects not to complete the project following judicial review. Agency denial of the
request to remove the stay is subject to review by the Supreme Court under such
rules as the Supreme Court may establish.
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.983
Hist.: GMI 2-1991, f. &
cert. ef. 10-11-91; DGMI 1-2014, f. & cert. ef. 4-2-14
632-037-0118
Best Available Practicable and Necessary
Technology
(1) Chemical process mining including
extraction, processing, and reclamation, must be undertaken in a manner that minimizes
environmental damage through the use of the best available, practicable, and necessary
technology to ensure compliance with environmental standards.
(2) In determining the best
available, practicable, and necessary technology for use in a mining operation,
the technical review team shall apply in consultation with the applicant, the following
process:
(a) The technical review
team shall determine the necessary technologies if such technologies exist;
(b) The technical review
team shall determine which, if any, of the necessary technologies is available;
(c) The technical review
team shall determine which, if any, of the necessary and available technologies
is practicable;
(d) The technical review
team will review, determine, and rank the necessary, available and practicable technologies
by their potential environmental benefits;
(e) The technical review
team shall recommend to the Department, the technology that the technical review
team has determined is the best available, necessary, and practicable technology
to ensure compliance with environmental standards. The determination shall be made
with reference to the policies expressed in ORS 517.953 and 517.956.
(3) The department will require
the applicant to use the best available, practicable, and necessary technology to
ensure compliance with the environmental standards. The determination must be made
with reference to the policies expressed in ORS 517.953 and 517.956.
(4) If the technical review
team or the Department is unable to identify a necessary technology that is available
and practicable, the Department shall not issue an operating permit.
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.956
Hist.: GMI 4-1991, f. &
cert. ef. 12-5-91; DGMI 1-2014, f. & cert. ef. 4-2-14
632-037-0120
Mine Operation Standards
The Department shall require a mining
operation to comply with the following mine operation standards:
(1) Mine facilities have
been designed to handle the 100-year, 24-hour precipitation event, at a minimum.
(2) An interim vegetative
cover of stockpiles of topsoil or overburden materials that will be used in reclamation
shall be required to prevent erosion or fugitive dust release from the overburden
storage or spoils area.
(3) Any standard adopted
by rule by any permitting or cooperating agency related to the operation of a mining
operation.
(4) No loss of existing critical
habitat of any state or federally listed threatened or endangered plant species,
as determined by the Department of Agriculture.
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.956
Hist.: GMI 2-1991, f. &
cert. ef. 10-11-91; DGMI 1-2014, f. & cert. ef. 4-2-14
632-037-0125
Fish and Wildlife Standards
The Department shall require a mining
operation to comply with protection standards for fish and wildlife consistent with
policies of the Department of Fish and Wildlife, including:
(1) Protective measures to
maintain an objective of zero wildlife mortality.
(2) All chemical processing
solutions and associated wastewater must be covered or contained to preclude access
by wildlife, or maintained in a condition that is not harmful to wildlife.
(3) Onsite and offsite mitigation
ensuring there is no overall net loss of habitat value.
(4) No loss of existing critical
habitat of any state or federally listed threatened or endangered fish or wildlife
species.
(5) Any other standard adopted
by rule by the Department of Fish and Wildlife applicable to a mining operation.
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.956
& 517.987
Hist.: GMI 2-1991, f. &
cert. ef. 10-11-91; DGMI 1-2014, f. & cert. ef. 4-2-14
632-037-0130
Reclamation and Mine Closure Standards
The Department shall require a mining
operation to comply with reclamation and mine closure standards utilizing the best
available, practicable and necessary technology to ensure compliance with environmental
standards. The reclamation and mine closure standards shall include but not be limited
to the following:
(1) Surface reclamation shall
ensure environmental protection and the protection of human health and safety, as
well as livestock, fish and wildlife.
(2) Surface reclamation of
a mining operation shall require certification by the Department of Fish and Wildlife
and the Department of Agriculture that a self-sustaining ecosystem, comparable to
undamaged ecosystems in the area, has been established in satisfaction of the permittee's
habitat restoration obligations.
(3) Post-closure monitoring
shall be required by the Department to ensure compliance with decommissioning performance
standards.
(4) Revegetation shall be
considered successful if it is consistent with the establishment of a self-sustaining
ecosystem, comparable to undamaged ecosystems in the area of the mine. Vegetation
test plots and chemical/physical soil and subsoil analysis may be required to ensure
establishment feasibility.
(5) Native species shall
be established unless the use of non-native species is justified and approved by
the technical review team.
(6) Seed mixes, fertilizer
rates and other requirements will be derived from departmental experience and advice
from sources such as the Oregon Department of Agriculture, U.S. Soil Conservation
Service, Oregon State University Extension Service, the Oregon Department of Transportation,
the Bureau of Land Management, the Forest Service, local soil conservation districts
and private sector experts.
(7) All final slopes shall
be stable, blend into adjacent terrain and be compatible with the establishment
of a self-sustaining ecosystem, comparable to undamaged ecosystems in the area of
the mine.
(8) Reclaimed highwalls shall
not have slopes exceeding 1-1/2 horizontal to 1 vertical (1-1/2:1). The Department may
grant exceptions for steeper slopes when the applicant can document that the slopes
will be stable and if the steeper slopes:
(a) Blend into the adjacent
terrain features;
(b) Existed prior to mining;
or
(c) Are consistent with the
establishment of a self-sustaining ecosystem, comparable to undamaged ecosystems
in the area of the mine.
(9) Fill slopes shall be
2:1 or flatter unless steeper slopes are approved by the Department. Technical data
supporting steeper slope stability may be required by the Department.
(10) In-water slopes to six
feet below water level for permanent water impoundments when necessary shall be
3:1. Reasonable alternatives may be approved by the Department when they are consistent
with the reclamation plan. For example, safety benches no more than two feet below
water level and five-feet wide may be substituted for the slope requirement where
the Department determines that sloping is not practical.
(11) Permanent structures
may remain if they are part of the approved reclamation plan.
(12) Any standards adopted
by rule by a permitting or cooperating agency related to reclamation or closure
of a mining operation.
(13) Backfilling or partial
backfilling of pits shall be required if the Department determines that:
(a) Backfilling is necessary
to achieve the reclamation objectives set forth in ORS 517.952 to 517.989;
(b) Reclamation objectives,
including but not limited to compliance with environmental standards, cannot be
achieved through mitigation or other reclamation technologies; and
(c) Backfilling is the best
available, practicable and necessary technology to ensure compliance with environmental
standards.
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.956,
517.971 & 517.987
Hist.: GMI 2-1991, f. &
cert. ef. 10-11-91; DGMI 1-2014, f. & cert. ef. 4-2-14
632-037-0135
Financial Security
(1) A reclamation bond or alternative
security acceptable to the Department shall be posted before the start of any construction,
excavation or other ground disturbing activity associated with mining operations,
other than baseline data collection. "Alternative security" shall include certificates
of deposit or irrevocable letters of credit issued by a federally-insured bank.
The purpose of the financial security shall be to allow the Department to meet the
requirements of the reclamation and closure plan and to provide protection of surface
and subsurface resources. The amount of the financial security shall be calculated
on the basis of the estimated actual cost of reclamation and closure and shall not
be limited. The calculation shall also consider environmental protection costs based
on the credible accident analysis and the factors listed in section (6) of this
rule.
(2) The Department shall
assess annually the overall cost of reclamation. If changes in the operation or
modifications to a permit cause the cost of reclamation to exceed the amount of
the financial security currently held by the state, the permittee shall post an
additional security for the difference. All reclamation calculations shall be approved
by the Department.
(3) The Department shall
provide for incremental surety increases, with the level of surety required being
consistent with the degree and forms of surface disturbance anticipated within a
time period specified by the Department. When the actual surface area to be disturbed
approaches the level expected by the Department, the permittee shall notify the
Department sufficiently in advance of reaching the acreage limit specified to allow
for a review of the surety requirements and posting of additional surety by the
permittee prior to exceeding the acreage limit set by the Department.
(4) If reclamation costs
will exceed the posted financial security and the operator does not increase the
amount of the financial security, the department and other permitting agencies shall
suspend all permits until the permittee posts the additional financial security.
(5) The Department may seek
a lien against the assets of the permittee to cover the cost of reclamation if the
financial security posted is insufficient. The amount of the lien shall be the amount
of the costs incurred by the Department to complete reclamation. All current operating
permits of the permittee shall be suspended and the Department shall deny immediately
all pending applications of the permittee to conduct mining operations.
(6) The factors the Department
shall consider in determining the amount of the security may include but are not
limited to the following:
(a) The reclamation estimate
submitted by the applicant as part of the consolidated application;
(b) The impact analysis,
including the credible accident analysis;
(c) Supervision;
(d) Mobilization;
(e) Costs of equipment;
(f) Costs of labor;
(g) Removal or disposition
of debris, junk, equipment, structures, foundations and unwanted chemicals;
(h) Reduction or stabilization
of hazards such as in-water slopes, highwalls, and landslides or other mass failure;
(i) Disposition of oversize,
rejects, scalpings and overburden;
(j) Backfilling, contouring
or regrading and topsoil replacement;
(k) Draining, establishment
of drainage and erosion control;
(l) Soil tests;
(m) Seedbed preparation,
seeding, mulching, fertilizing, netting, tackifiers or other stabilizing agents;
(n) Tree and shrub planting;
(o) Fencing;
(p) Liability insurance;
(q) Long-term stabilization,
control, containment or disposition of waste solids and liquids;
(r) Final engineering design;
(s) Costs of remedial measure
identified to clean up releases of contaminants associated with mining, processing
or beneficiation that are reasonably likely to cause a threat to public health,
safety or the environment;
(t) The estimated cost of
detoxification or disposal of ore processing solutions and solution contaminated
ore so as to meet the standards for reclamation approved for the operation in the
operating permit issued by the Department and the standards established in ORS 517.952
to 517.989 and these rules;
(u) The estimated cost of
restoration of contaminated soil, surface and ground water or living resources within
the standards established in ORS 517.952 to 517.989 and these rules should an accident
occur at the site;
(v) The estimated cost of
removal and/or disposal of chemicals used on site;
(w) The spill prevention
plan;
(x) Estimated Department-contracted
service expenses including but not limited to supervision, mobilization, labor and
equipment needs of the department for decontamination and restoration should the
Department be required to perform such restoration.
(7) Cost estimate information
shall be derived from sources such as:
(a) Comparable costs from
similar projects;
(b) Catalog prices;
(c) Guides and cost estimates
obtained from appropriate government, public and private sources;
(d) Site test and monitoring
data;
(e) Operator estimates; and
(f) Equipment handbooks.
(8) Using the reclamation
estimate submitted in the consolidated application and the impact analysis as a
guide, the Department shall distribute an initial determination of the amount of
financial security necessary to implement the reclamation and closure plans and
to protect human health and the environment to all permitting and cooperating agencies
for review and comment. After considering the comments of such agencies, the Department
shall set the amount of financial security and notify the applicant.
(9) The financial security
acceptable to the Department shall be posted before the start of any construction,
excavation or other ground disturbing activity associated with mining activities
other than baseline data collection activities. No permit shall be issued or renewed
until all financial security for a mining operation is on file with the Department.
Bonds or other securities shall be maintained until operations have ceased, reclamation
has been completed and all decommissioning performance standards have been met.
Bonds shall be United States Treasury listed, provided by surety companies licensed
to operate in Oregon and acceptable to the Department. A mining operation may not
satisfy the financial security requirements through self-insurance.
(10) The Department may require
financial security or an annuity for post-reclamation monitoring and care.
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.987
Hist.: GMI 2-1991, f. &
cert. ef. 10-11-91; DGMI 1-2014, f. & cert. ef. 4-2-14
632-037-0140
Obtaining Financial Security Release
(1) Upon completion of full reclamation,
the permittee shall submit to the Department a written request for the release of
its financial security.
(2) If a permittee has conducted
concurrent reclamation or partial reclamation following the cessation of mine operations,
the request for release of financial security must include an estimate of the percentage
of reclamation done to date and the corresponding percentage of reclamation funds
that the permittee believes should be released. A bond release or reduction request
must state in unambiguous terms all measures taken to reclaim the site and any problems
or potential problems that may inhibit reclamation in accordance with permit requirements.
The Department shall consider any such problems in determining the appropriate level
of financial security to be maintained.
(3) Upon receipt of a request
to release financial security, the Department shall:
(a) Issue a public notice
in accordance with OAR 632-037-0030; and
(b) Distribute the request
to each permitting and cooperating agency, members of the public who participated
in any hearing or written comment period under these rules, and to any person who
requests such notification.
(4) No sooner than 60 days
after taking the actions required under section (3) of this rule, the Department
shall conduct an informal public hearing to determine whether to allow the release
or reduction of the financial security.
(5) The Department may require
security or an annuity for post-reclamation monitoring and care to be paid before
final release of the financial security. The Department shall determine the amount
of the security or annuity and distribute the proposal to all permitting and cooperating
agencies. After considering the comments of such agencies, the Department shall
set the amount of the security or annuity and notify the permittee.
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.987
Hist.: GMI 2-1991, f. &
cert. ef. 10-11-91; DGMI 1-2014, f. & cert. ef. 4-2-14
632-037-0145
Permit Modifications
(1) The permittee, the Department, or
any other permitting or cooperating agency may request the modification of a permit
issued under the consolidated application process at any time.
(2) If a permitting agency
is requested to make a permit modification that the permitting agency or a cooperating
agency finds is a significant permit modification, the agency shall notify the Department.
The Department shall coordinate the organization of a project coordinating committee.
(3) The project coordinating
committee shall review the proposed modification and determine the portions of ORS
517.952 to 517.989 and these rules with which the permittee must comply. The Committee
shall limit its determination to those portions of the mine operation to be modified
and shall be consistent with the public participation requirements set forth in
ORS 517.952 to 517.989 and these rules.
(4) The permittee may continue
to operate under its existing permit(s) pending completion of the permit modification
process.
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.984
Hist.: GMI 2-1991, f. &
cert. ef. 10-11-91; DGMI 1-2014, f. & cert. ef. 4-2-14
632-037-0150
Civil Penalties
(1) In addition to any other sanctions
authorized by law, the Governing Board of the Department may impose a civil penalty
as authorized by ORS 517.992
(2) The Department shall
provide a written warning of its intent to impose a civil penalty at least 48 hours
prior to imposing the penalty when there is no immediate danger to human health,
safety or the environment. The warning may be personally served on the person incurring
the penalty or may be sent by registered or certified mail. The warning must include:
(a) A reference to the particular
sections of the statute, rule, order or permit involved; and
(b) A short and plain statement
of the matters asserted or charged.
(3) A civil penalty imposed
under this section is due and payable ten days after the order imposing the civil
penalty becomes final by operation of law or on appeal. A person against whom a
civil penalty is to be imposed shall be served with a notice in the form provided
by ORS 183.415. Service of the notice shall be accomplished in the manner provided
by ORS 183.415.
(4) The person to whom the
notice provided for in section (3) of this rule is addressed shall have 20 days
from the date of service of the notice in which to make written application for
a hearing. If no application for a hearing is made, the agency may make a final
order imposing the penalty.
(5) Any person who makes
application as provided in section (4) of this rule is entitled to a hearing conducted
pursuant to the applicable provisions of ORS 183.413 to 183.470.
(6) A civil penalty shall
be assessed under this rule in accordance with the following schedule:
(a) Class 1. Potential threat
to human health or safety: warning to $10,000;
(b) Class 2. Immediate threat
to human health or safety: warning to $25,000;
(c) Class 3. Potential threat
to the environment: warning to $10,000;
(d) Class 4. Immediate threat
to the environment; warning to $25,000;
(e) Class 5. Failure to comply
with laws, rules, Governing Board orders or permit conditions, with no threat to
human health, safety or the environment: warning to $10,000;
(f) Class 6. Damage to health,
safety or the environment: $1,000–$50,000;
(g) Failure to comply with
prior warning or penalty (continued or repeat violation) within the following classes:
(A) Class 1: $200–$10,000;
(B) Class 2: $200–$50,000;
(C) Class 3: $200–$50,000;
(D) Class 4: $200–$50,000;
(E) Class 5: $200–$50,000;
(F) Class 6: $2,000–$50,000.
Stat. Auth.: ORS 517.750–517.995
Stats. Implemented: ORS 517.992
Hist.: GMI 2-1991, f. &
cert. ef. 10-11-91; DGMI 1-2014, f. & cert. ef. 4-2-14
632-037-0155
Fees
(1) Permit fees are established in ORS
517.973. Pursuant to ORS 517.793, a prospective applicant or applicant also must
pay the Department and permitting and cooperating agencies for all expenses incurred
relating to the processing and evaluation of the consolidated application process
to the extent such expenses exceed the statutory fees. Recoverable expenses include,
but are not limited to, the following:
(a) Baseline data methodology
review;
(b) Baseline data verification;
(c) Public meetings, except
any costs related to mailing notice to parties on the master list;
(d) Completeness determination
of the consolidated application, including the environmental evaluation;
(e) Permit preparation, drafting
and issuance;
(f) Environmental evaluation,
preparation and review;
(g) Project administration;
and
(h) Legal expenses.
(3) Subject to the requirements
and limitations in ORS 517.973(4), the prospective applicant or applicant shall
pay the expenses of the Department and each permitting and cooperating agency within
30 days after receiving an invoice itemizing the expenses.
(4) With the agreement of
a permitting or cooperating agency, the applicant or prospective applicant may arrange
for invoices to be sent by and payments made to the Department on behalf of the
permitting or cooperating agency.
(5) The Department and prospective
applicant or applicant may agree to procedures to resolve disputes regarding payment
of expenses.
(6) Subject to section (5)
above, if expenses are not paid within 30 days of receiving an invoice, the Department
may suspend pre-application work or decline to issue a notice to proceed under ORS
517.977. If the notice to proceed has been issued and invoices are outstanding after
30 days, the Department may deny the application unless the applicant concurs with
a suspension of the permitting process under ORS 517.986.
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.973
Hist.: GMI 2-1991, f. &
cert. ef. 10-11-91; DGMI 1-2014, f. & cert. ef. 4-2-14

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contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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2015