ORS 517.971
Consolidated application


Each applicant for a permit to operate a mining operation shall submit a consolidated application to the State Department of Geology and Mineral Industries. The department and the permitting and cooperating agencies shall not begin deliberating on whether to issue a permit until the department receives an application fee and a complete consolidated application that includes but is not limited to:

(1)

Name and location of the proposed facility.

(2)

Name, mailing address and phone number of the applicant and a registered agent for the applicant.

(3)

The legal structure of the applicant as filed in the business registry with the Secretary of State and the legal residence of the applicant.

(4)

Mineral and surface ownership status of the proposed facility.

(5)

Baseline data, including but not limited to environmental, socioeconomic, historical, archaeological conditions, land use designations and special use designations in the area of the state in which the proposed mining operation is located.

(6)

Appropriate maps, aerial photos, cross sections, plans and documentation.

(7)

A proposed:

(a)

Mine plan;

(b)

Processing plan;

(c)

Water budget;

(d)

Fish and wildlife protection and mitigation plan;

(e)

Operational monitoring and reporting plan;

(f)

Reclamation and closure plan;

(g)

Plan for controlling water runoff and run on;

(h)

Operating plan;

(i)

Solid and hazardous waste management plan;

(j)

Plan for transporting and storing toxic chemicals;

(k)

Employee training plan as required by agency rule;

(L)

Seasonal or short term closure plan;

(m)

Spill prevention and credible accident contingency plan;

(n)

Post-closure monitoring and reporting plan; and

(o)

Identification of special natural areas, including but not limited to areas designated as areas of critical environmental concern, research natural areas, outstanding natural areas and areas designated by the Oregon Natural Areas Plan, as defined in state rules and federal regulations.

(8)

All information required by the permitting agencies to determine whether to issue or deny the following permits as applicable to the proposed operation:

(a)

Surface mining operating permits required under ORS 517.790 (Operating permit required for surface mining on certain lands) and 517.915 (Additional operating permit requirements for nonaggregate mineral mines);

(b)

Fill and removal permits required under ORS 196.600 (Definitions for ORS 196.600 to 196.655) to 196.921 (Applicability);

(c)

Permits to appropriate surface water or ground water under ORS 537.130 (Permit to appropriate water required) and 537.615 (Application for permit to acquire new right or enlarge existing right to appropriate ground water), to store water under ORS 537.400 (Reservoir permits) and impoundment structure approval under ORS 540.449 (Construction plan approval);

(d)

National Pollutant Discharge Elimination System permit under ORS 468B.050 (Water quality permit);

(e)

Water pollution control facility permit under ORS 468B.050 (Water quality permit);

(f)

Air contaminant discharge permit under ORS 468A.040 (Permits) to 468A.060 (Duty to comply with laws, rules and standards);

(g)

Solid waste disposal permit under ORS 459.205 (Permit required);

(h)

Permit for use of power driven machinery on forestland under ORS 477.625 (Permit to use fire or power-driven machinery);

(i)

Permit for placing explosives or harmful substances in waters of the state under ORS 509.140 (Placing explosives or harmful substances in waters in course of lawful work);

(j)

Hazardous waste storage permit under ORS 466.005 (Definitions for ORS 453.635 and 466.005 to 466.385) to 466.385 (Amendment of comprehensive plan and land use regulations);

(k)

Local land use permits; and

(L)

Any other state permit required for the mining operation.

(9)

All other information required by the department, a permitting agency, a cooperating agency or the technical review team. [1991 c.735 §13; 1995 c.605 §3; 2009 c.217 §12; 2013 c.371 §17; 2019 c.390 §21]

Source: Section 517.971 — Consolidated application, https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html.

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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