Or. Admin. R. 632-030-0017 - Limited Exemption
Current through Register Vol. 61, No. 4, April 1, 2022
(1)
For the purposes of this rule:
(a) "Expansion"
means lateral expansion consequential to surface mining into land surfaces
previously not affected by surface mining.
(b) "Lands within the surfaces and contours
of surface mines in existence on July 1, 1972," means land affected by surface
mining before July 1, 1972, that have not been adequately reclaimed.
(2) The following mining
operations are exempt from reclamation except as provided in ORS
517.775:
(a) Lands within the surfaces and contours of
surface mines in existence on July 1, 1972, or vertical extensions of those
surfaces and contours, provided the Department issued a certificate of
exemption to the mining operation on or before October 31, 2000; and
(b) Lands within the surfaces and contours of
surface mining operations that are owned or operated by a person who, on July
1, 1972, was a party to a surface mining contract that was valid on January 1,
1971, provided the Department issued a certificate of exemption to the mining
operation on or before September 20, 1985.
(3) The holder of a limited exemption
certificate shall renew the limited exemption annually by submitting the
renewal form and fee to the Department before the certificate expires. A
certificate of exemption terminates if the landowner or operator does not renew
the certificate annually. The Department may request information to determine
continued eligibility.
(4) No
surface mining is permitted outside of the limited exemption area without an
operating permit unless the expansion qualifies for a total exemption from
regulation under ORS 517.750(15) and
OAR 632-030-0016. Expansion of a site operating under a limited exemption
certificate before the operating permit is issued constitutes surface mining
without a permit and is prohibited by ORS
517.790. The operating permit
issued for an expanded site applies only to the expansion area; the area within
the limited exemption boundary retains its limited exemption status so long as
the limited exemption certificate is properly maintained.
(5) For sites operating under a limited
exemption certificate, the landowner or operator must submit a closure plan to
the Department for approval prior to the exemption renewal date in the year
2010, or at least one year prior to the completion of mining, whichever comes
first. The closure plan must be signed by the landowner and by the operator if
the operator is different from the landowner. For purposes of this section,
"landowner" means the owner of the surface of the land or the owner of the
mineral estate if the mineral estate owner is different from the surface land
owner. The closure plan must reasonably control erosion and must reasonably
ensure that there will be no off-site impacts to surface or ground water from
the mined land. The closure plan must include, but is not limited to:
(a) Name and address of the
landowner;
(b) Name and address of
the mine operator and holder of the limited exemption certificate if different
from the landowner;
(c) The
commodity or commodities mined at the site;
(d) A map or maps showing the boundary of the
area subject to the limited exemption, existing topography, springs, surface
waters, wetlands, and final slope configuration, and also showing whether final
slopes are cut slopes or fill slopes and how any drainage will be
managed;
(e) Detailed stabilization
and sediment control measures;
(f)
Detailed revegetation measures including a description of soils, seed bed
preparation, mulching, fertilization, plant species, seeding or planting rates,
and seeding or planting dates;
(g)
Design plans for any sediment control structures to be constructed or installed
on the site;
(h) A description of
all stockpiles, petroleum products and any toxic or hazardous substances or
materials stored on the site and a description of how these stockpiles,
products, substances, or materials will be managed or removed from the site;
and
(i) Removal of refuse,
structures, foundations, abandoned equipment, or metal debris.
(6) If the limited exemption is
terminated, all mining allowed under the exemption must cease immediately and
the landowner or operator must:
(a)
Immediately begin implementation of the closure plan required under section (8)
of this rule; or
(b) If no closure
plan has been submitted to the Department, submit a closure plan to the
Department within 30 days and begin implementing the closure plan within 30
days after approval by the Department; or
(c) Within 30 days, submit an application to
the Department for a new operating permit (for sites previously operating only
under a limited exemption certificate) or an amendment to the existing
operating permit (for sites operating under both a limited exemption
certificate and an operating permit).
Notes
Stat. Auth.: ORS 517
Stats. Implemented: ORS 517.770 & 517.775
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