2015 ORS 517.971¹
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 196.905 (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 540.350 (Dams, dikes and other hydraulic works) to 540.390 (Inspection of dam, dike or hydraulic structure);

(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]

Chapter 517

Atty. Gen. Opinions

Power of Depart­ment of Environ­mental Quality to regulate mining activities and recovery of oil and geothermal activities, (1972) Vol 35, p 1100

Law Review Cita­tions

4 EL 370 (1974)


1 Legislative Counsel Committee, CHAPTER 517—Mining and Mining Claims, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors517.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 517, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano517.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.