Current through Register Vol. 61, No. 4, April 1, 2022
The modification of an operating permit
may be initiated at any time by the permittee or by the Department. The term
"modification," as used in this rule, means any modification, including but not
limited to, "intensification" or "substantial modification," as defined in OAR
(6) and (11). The Department may circulate applications for
intensification or substantial modifications to local government pursuant to
permit may be modified by approval of the Department after timely notice and
opportunity for review as provided by ORS
in order to assure compliance with existing laws and land-use
requirements or to accommodate unforeseen developments that may affect the
operating permit and reclamation plan as previously approved.
The Department may modify an operating
permit or reclamation plan without the consent of the operator only as allowed
by ORS 517.831
. The Department
initiation of a modification must be based on the potential for: substantial
harm to off-site property, harm to threatened or endangered species, or channel
changes or unstable pit walls. Therefore, a determination of substantial harm
to off-site property may include likely effects when there is substantial
evidence. For the three types of sites or concerns listed here, the substantial
evidence may include on-site or off-site physical or biological indicators and
(a) Substantial harm to off-site
property: documentation by the Department of a loss of lateral support of a
property line, slope movement, failure planes, tension cracks, vegetation
displacement, or other indicators of slope instability, or geotechnical
reports, slope measurements, or other monitoring data submitted by
(b) Harm to threatened or
endangered species: documentation by the Department that threatened or
endangered species are likely present and mine activities have stranded
threatened or endangered fish on the floodplain or mine activities have caused
harm to threatened or endangered species or a take is likely to
(c) Channel changes or
unstable pit walls: documentation by the Department that stream bank erosion,
channel migration, local geomorphic trends, site hydrology during flooding,
and/or channel hydraulic conditions present clear indicators that pit wall
stability is in jeopardy during future flood events.
Substantial harm to off-site property
justifying a modification under this rule and the Act includes, but is not
(a) Loss of vegetation or other
effects due to embankment failure, pit wall, or storage pile failure
(b) Loss of vegetation or other effects due
to erosion, headcutting, channel avulsion, and/or channel migration that has
resulted in or is likely to result in a breach into or pit capture of a
floodplain gravel mine
Deposition of vegetation, soil, rock, other geologic materials, or mined
materials or mine refuse
Impacts to jurisdictional wetlands, sloughs, bogs, stream channels, or other
natural features or constructed flood levees, revetments, or irrigation
reservoirs, irrigation ditches, and intakes.
Or. Admin. R.
GMI 5, f. 12-20-73, ef.
1-11-74; GMI 1-1980, f. 2-29-80, ef. 3-1-80; GMI 2-1982, f. & ef. 8-13-82;
GMI 2-1985, f. 11-19-85, ef. 11-20-85; 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 1-2001, f. & cert. ef. 8-6-01; DGMI 1-2009, f. & cert.
Stat. Auth.: ORS
Stats. Implemented: ORS