Or. Admin. R. 632-030-0025 - Requirements for an Operating Permit and Reclamation Plan

Current through Register Vol. 61, No. 4, April 1, 2022

(1) An applicant for an operating permit shall submit a reclamation plan to the Department as required in OAR 632-030-0020. The information that the Department may require in a reclamation plan includes, but is not limited to, the following:
(a) The name(s) and address(es) of all owners of the surface estate and mineral estate;
(b) The legal structure (e.g., corporation, partnership, individual) of the applicant;
(c) The name and mailing address for correspondence;
(d) The name and mailing address of the applicant's resident agent;
(e) A description of the present land use and planned beneficial use of the site following mining. The applicant must demonstrate that the planned beneficial use is compatible with the affected local government's acknowledged comprehensive plan and land-use regulations;
(f) The identification and characterization of the soils present, including any areas that have wetlands and hydric soils;
(g) The identification of any fish or wildlife species that may be present that is listed or proposed for listing by either federal or state as sensitive, threatened, or endangered or otherwise may require buffers for protection;
(h) A general list of equipment to be used and a description of mining methods including interim slope angles during the life of the mine;
(i) Provisions for the backfilling, recontouring, decompaction, topsoil replacement, seedbed preparation, mulching, fertilizing, selection of plant species, seeding or planting rates, weed control, and schedules;
(j) The characterization of the ground and surface water based on available wells, drill logs, location of springs, and surface drainages within one mile of the proposed operation may be required. The Department may also require the collection and submission of additional hydrologic data to evaluate the mine development and reclamation plan;
(k) Stream hydrology and other hydrologic information for floodplain sites;
(l) Ground water characterization and/or measures to prevent significant adverse impacts to surface or ground water quantity or quality;
(m) Other baseline information necessary to evaluate the mine development and reclamation plan;
(n) A list and procedures for the handling and use of any materials toxic to plant and/or animal life, acid forming materials or radioactive material which will be at the mine site. The Department may also require an analysis of process water, reagents, wastes, or other materials involved in the mining and processing operations;
(o) Procedures for the salvage, storage, and replacement of topsoil or acceptable substitute. The Department may require the applicant to submit a chemical and physical analysis of the seedbed and subsoil;
(p) Procedures for the stable storage of overburden. This may include a description of the pre-mine topography, method for placement of overburden, height of lifts, compaction standards, final height, and slope configurations, and/or a geotechnical design and construction plans for a storage pile or fill proposed as a final reclamation feature;
(q) Provisions for adequate setbacks to protect adjacent property and public safety;
(r) Provisions to protect and maintain access to utilities when a utility company right-of-way exists;
(s) Visual screening of the proposed operation may be required when the operating area is visible from a public road or residential area. Techniques for visual screening include, but are not limited to, vegetation, fencing, berms, setbacks, or buffer strips along the property boundary;
(t) Procedures for surface water, stream, and floodplain protection and operational and post-mine hydrologic controls may include, but are not limited to:
(A) Procedures to protect surface water quality and to control erosion include the following:
(i) Rock lined ditches, rock lined haul roads, or work areas;
(ii) Detention ponds and sedimentation basins;
(iii) Rock check dams and grade control structures;
(iv) Temporary diversions;
(v) Flocculation systems and/or surface disposal systems;
(vi) Runoff and pond sizing calculations.
(B) Procedures to protect or reconstruct waterways or drainage patterns impacted by mine related disturbances or reclamation by the design and construction of a post-mine drainage control plan to convey storm water and surface water off the property in a manner that will provide long-term stability to the reclaimed land.
(C) Procedures to protect natural resources.

The Department may determine it is in the best interest of protection of natural resources and final reclamation to require procedures to integrate flood water passage plans, storm water controls, or fish ingress/egress plans at adjoining mine sites. Such a requirement by the Department is not considered a permit amendment.

(D) Procedures to promote final reclamation and floodplain stability or protection of streams, riparian buffers, and operational setbacks may require detailed engineering and planning for:
(i) Pond bank and channel bank weirs or other headcut protection plans;
(ii) Floodwater conveyance channels or structures;
(iii) Flood berms;
(iv) Protection of channel migration zone;
(v) Protection or stabilization of stream channel buffers.
(u) A proposed time schedule for surface mining and reclamation and a description of how concurrent reclamation, if applicable, will be accomplished during the life of mine.
(v) Additional steps planned to enhance fish or wildlife habitat or to create wetlands for sites where fish or wildlife habitat or wetland construction is part of the designated post-mining land use;
(w) Procedures for the removal or disposal or all equipment, refuse, structures, and foundations from the permit area except permanent structures that are part of an approved reclamation plan;
(x) Final slope configurations and how they will be stabilized;
(y) A plan for the control of noxious weeds may be required;
(z) Provisions to protect fish and wildlife species by providing operational setbacks;
(aa) Fish ingress/egress plans for floodplain sites; and
(bb) Procedures for placement of fill and protection of fill quality.
(A) All fill used as reclamation backfill or other subsurface placement must meet the Oregon Department of Environmental Quality definition of clean fill as provided in OAR 340-093-0030 or the use must be specifically allowed by Department of Environmental Quality by rule, permit or other written authorization.
(B) Fill material at a reclamation site must be used in accordance with a written fill plan approved by the Department or specific provisions in the approved reclamation plan. The fill plan or reclamation plan must show the locations for stockpiling and permanent placement of the fill material and provide for monitoring of the quality and quantity of the fill material. The quality, quantity and location of fill material used on the site must be consistent with local land use plans and regulations. Documentation showing compliance with the approved plan and this subsection must be provided to the Department upon request.
(cc) If the affected local government designates a post-mine land use or uses through a comprehensive plan amendment or zone change, or requires a conservation easement to be established after reclamation, the plan submitted to the Department must specifically address how the post-mine land use(s) will be established.
(2) In addition to the requirements set out in OAR 632-030-0015(2), the Department may require maps, aerial photographs, or design drawings of appropriate scale. Information that typically may be required on maps, aerial photographs or design drawings includes but is not limited to:
(a) Permit area boundary, property lines, and property line setbacks;
(b) Maximum extraction boundary delineating mine phases and reclamation sequence;
(c) Waste rock, rejects, overburden, and soil storage areas and stockpiles;
(d) Processing plant and location of existing or proposed visual screens;
(e) Ancillary facilities location;
(f) Haul roads;
(g) Typical pre- and post-mine cross sections and topographic plan views;
(h) Existing watercourses, including irrigation ditches, streams, rivers, and ponds;
(i) Setback and buffer strips for wetlands and stream drainages;
(j) Storm and/or wastewater control structures, ponds, and ditches;
(k) Location of any engineered structures or engineered fill;
(l) Reconstructed watercourses, ponds, and location of fish egress/ingress channels;
(m) Location of the 100-year FEMA floodplain boundary or a site-specific hydrologic study that identifies the 100-year floodplain boundary based on hydraulic modeling;
(n) Proposed and existing mine areas and backfill locations;
(o) Location of existing and proposed dikes and berms;
(p) Post-mining topography;
(q) Location of any well within 1,000 feet of permit boundary. Where dewatering is proposed, location of any well within 1,500 feet of permit boundary;
(r) Land-use authority boundary; and
(s) Nest setbacks, to the extent they limit mineral extraction, for eagles or other species specifically protected by city or county land-use conditions or state or federal laws.
(3) The applicant should contact the Department 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.
(4) The applicant must provide proof of ownership of surface and mineral rights or document to the satisfaction of the Department that the requirements of ORS 517.790(3) are met.

Notes

Or. Admin. R. 632-030-0025
GMI 5, f. 12-20-73, ef. 1-11-74; GMI 7, f. 11-7-74, ef. 12-11-74; GMI 2-1985, f. 11-19-85, ef. 11-20-85; GMI 2-1986, f. 9-19-86, ef. 9-22-86; GMI 1-1988, f. 3-30-88, cert. ef. 3-11-88; GMI 1-1992, f. & cert. ef. 6-17-92 DGMI 1-1999, f. & cert. ef. 1-7-99; DGMI 1-2009, f. & cert. ef. 5-15-09; DGMI 1-2015, f. & cert. ef. 1/7/2015

Stat. Auth.: ORS 183.341, 197.180, 516.090(2)(a), 517.740 & 517.840(1)(d)

Stats. Implemented: ORS 517.790

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