ORS 517.790
Operating permit required for surface mining on certain lands

  • application for permit
  • proposed reclamation plans
  • waiver of requirement for preparation and approval of reclamation plan
  • refusal to issue operating permit
  • provisional operating permit

(1)

A landowner or operator may not allow or engage in surface mining on land not surface mined on July 1, 1972, without holding a valid operating permit from the State Department of Geology and Mineral Industries for the surface mining operation. A separate permit is required for each separate surface mining operation. A person seeking an operating permit from the department shall submit an application on a form provided by the department that contains the following information:

(a)

The name and address of the landowner and the operator and the names and addresses of any persons designated by them as their agents for the service of process.

(b)

The materials for which the operation is to be conducted.

(c)

The type of surface mining to be employed in the operation.

(d)

The proposed date for the initiation of the operation.

(e)

The size and legal description of the lands that will be affected by the operation, and, if more than 10 acres of land will be affected by the operation and if the department determines that the conditions warrant it, a map of the lands to be surface mined that includes the boundaries of the affected lands, topographic details of the lands, the location and names of all streams, roads, railroads, utility facilities, wells, irrigation ditches, ponds, stockpiles, buffers, setbacks and excavation boundaries within or adjacent to the lands, the location of all proposed access roads to be protected or constructed in conducting the operation and the names and addresses of the owners of all surface and mineral interests of the lands included within the surface mining area.

(f)

If practicable, a plan for visual screening by vegetation or otherwise that will be established and maintained on the lands within the operation for the purpose of screening the operation from the view of persons using adjacent public highways, public parks and residential areas.

(g)

The type of monitoring well abandonment procedures.

(h)

A proposed reclamation plan that is acceptable to and approved by the department.

(i)

Any other information that the department considers pertinent in its review of the application.

(2)

The department may waive the requirement for preparation and approval of a reclamation plan if:

(a)

The operation is conducted as part of the on-site construction of a building, public works project or other physical improvement of the subject property;

(b)

The operation is reasonably necessary for such construction; and

(c)

The proposed improvements are authorized by the local jurisdiction with land use authority.

(3)

The department may not issue an operating permit to an operator other than the owner or owners of the surface and mineral interests of the lands included within the surface mining area unless the operator:

(a)

Has written approval from the owner or owners of all surface and mineral interests of the lands included within the surface mining area; and

(b)

Maintains a legal interest in the lands that is sufficient to ensure that the operator has the authority to operate and reclaim the lands as provided in the operating permit and reclamation plan.

(4)

The department may refuse to issue an operating permit to a person who has not, in the determination of the department, substantially complied with the conditions of an operating permit or reclamation plan, the provisions of this chapter or the rules adopted by the department to carry out the purposes of this chapter.

(5)

The department shall issue a provisional operating permit to an applicant that has not obtained all required federal, state and local permits and approvals for the proposed mining operation, provided:

(a)

The applicant has complied with this chapter and the rules adopted by the department to carry out the purposes of this chapter; and

(b)

The permit:

(A)

Does not become effective until the applicant obtains all required permits and approvals; and

(B)

Contains conditions:
(i)
Requiring the applicant to obtain an amendment to the provisional operating permit if necessary to conform with a subsequently obtained federal, state or local permit or approval; and
(ii)
Prohibiting the applicant from allowing or engaging in any surface mining operations on the land prior to the effective date of the provisional operating permit. [1971 c.719 §4; 1973 c.709 §2; 1987 c.361 §10; 1989 c.347 §10; 1999 c.353 §3; 2007 c.318 §7; 2017 c.736 §3]

Source: Section 517.790 — Operating permit required for surface mining on certain lands; application for permit; proposed reclamation plans; waiver of requirement for preparation and approval of reclamation plan; refusal to issue operating permit; provisional operating permit, https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html.

Attorney General Opinions

State’s authority to prevent or control removal by dredging of a privately owned island in a navigable river, (1972) Vol 36, p 285

517.005
Legislative findings
517.010
Location of mining claims upon veins or lodes
517.030
Recording copy of location notice
517.040
Abandoned claims
517.042
“Legal subdivision” defined for ORS 517.042 to 517.052
517.044
Location of claims upon placer deposits
517.046
Marking boundaries of claim or locating by legal subdivisions
517.052
Recording copy of location notice
517.060
Correcting defective notice of location
517.065
Effect of noncompliance with law in locating claim
517.070
Certain locations subject to prior rights
517.080
Mining claims as realty
517.090
Application to claims of law governing transfers and mortgages of realty
517.100
Sums payable on redemption of claim
517.110
Grubstaking contracts
517.120
Definitions for ORS 517.120 to 517.133
517.123
Legislative findings
517.125
Rules to be adopted in consultation with affected parties
517.128
Restricting access to open mining area or mining claim prohibited
517.130
Mineral trespass
517.133
Interfering with a mining operation
517.135
Exemption from crimes of mineral trespass and interfering with a mining operation
517.140
Legislative findings
517.160
Location of nonmineral land as millsite
517.170
Policy
517.180
Procedure for extinguishing dormant mineral interest
517.210
Recording affidavit of annual compliance
517.220
Affidavit or lack thereof as evidence
517.230
Performance of assessment work by co-owners
517.240
Failure of co-owner to contribute
517.250
Form of notice
517.260
Notice
517.270
Vesting of interest of delinquent co-owner
517.280
Certificate of ownership
517.290
Fee for certificate
517.300
Effect of certificate
517.310
Recording and indexing certificate
517.320
Counteraffidavits of delinquent owner
517.330
Accounting for fees
517.430
Use of timber by lessee
517.440
Lessee, licensee, or operator of mine deemed bailee of yield until payment of lessor and workers
517.702
Legislative findings
517.705
Exploration permit
517.710
Fees
517.715
Exemptions from permit requirement
517.720
Persons with operating permit exempted
517.725
Department inspection of exploration site
517.730
Drill hole or well abandonment
517.735
Exploration on land administered by Department of State Lands
517.740
Rules
517.750
Definitions for ORS 517.702 to 517.989
517.753
Exclusion certificate required for certain small-scale surface mining operations
517.755
Mining operations affecting more than five acres
517.760
Policy
517.770
Exemptions from reclamation requirements
517.775
Permit fee for certain landowners and operators
517.780
Effect on county zoning laws or ordinances
517.790
Operating permit required for surface mining on certain lands
517.795
Department to consult with and cooperate with other agencies
517.797
Memorandum of agreement with Department of State Lands regarding permitting
517.800
Fees
517.810
Requirement for bond or security
517.813
Reclamation Guarantee Fund
517.815
Reclamation bond pooling program
517.820
Extensions of time for submission of proposed reclamation plans
517.825
Mining aggregate on high-value farmland
517.830
Operating permit approval process
517.831
Modification of operating permit or reclamation plan
517.832
Emergency operating permit
517.833
Transfer of operating permit
517.834
Temporary operating permit
517.835
Conditions on operating permit or reclamation plan to prevent impact on ground water
517.836
Surveying or marking surface mining operations
517.837
Annual report by permittee
517.840
Administration and enforcement of ORS 517.702 to 517.989
517.850
Inspection of permit area
517.855
Disruption of portion of mining property preserved from mining
517.860
Effect of failure to comply with operating permit or reclamation plan
517.862
Revocation, termination or refusal to renew operating permit
517.865
Effect of failure to perform reclamation and insufficient bond
517.870
Adjustment of bond or security of operator upon satisfactory completion of reclamation work
517.880
Order for suspension of surface mining operation operating without required permit
517.890
Review of final determination
517.901
Confidentiality of production records, mineral assessments and trade secrets
517.905
Applicability of ORS 517.910 to 517.989 and 517.910 to 517.951
517.910
Definitions for ORS 517.910 to 517.989
517.915
Additional operating permit requirements for nonaggregate mineral mines
517.917
Activation of project coordinating committee
517.920
Permit application fees under ORS 517.910 to 517.989
517.925
Time limit for action on permit application
517.930
Department inspection
517.951
Legislative intent not to assume exclusive jurisdiction
517.952
Definitions for ORS 517.952 to 517.989
517.953
Policy
517.954
Application of ORS 517.952 to 517.989
517.956
Requirements for mining operations
517.957
Department coordination of activities of affected agencies
517.958
Compliance with preapplication process
517.959
Public notice requirements for ORS 517.952 to 517.989
517.961
Notice of intent to submit application
517.963
Department duties upon receipt of notice of intent
517.965
Project coordinating committee
517.967
Technical review team
517.969
Collection of baseline data
517.971
Consolidated application
517.973
Fees
517.975
Distribution of completed consolidated application
517.977
Preparation of draft permits
517.978
Review of application
517.979
Environmental evaluation
517.980
Socioeconomic impact analysis
517.981
Draft permit and permit conditions
517.982
Final permits
517.983
Consolidated contested case hearing
517.984
Modification of permit
517.985
Rulemaking
517.986
Time limit for final action on permit subject to consolidated application process
517.987
Reclamation bond or security
517.988
Permit conditions by State Department of Fish and Wildlife
517.989
Rules applicable to consolidated application
517.990
Criminal penalties
517.992
Civil penalties
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