OAR 632-030-0016
Exclusion Certificates
(1)
Pursuant to ORS 517.753 (Exclusion certificate required for certain small-scale surface mining operations), an exclusion certificate is required for a surface mining operation that falls under the yard and acre thresholds for which an operating permit is required. A person seeking an exclusion certificate must file an application as provided in section (2) of this rule and the application must be accompanied by the nonrefundable fee required under OAR 632-030-0022 (Fees). The application must be filed in accordance with the schedule established in section (3) of this rule.(a)
When a mining operation that is subject to an exclusion certificate loses its eligibility and is required to obtain an operating permit, all areas and operations at the site are subject to the Act and the rules adopted thereunder. When multiple mining areas are located within one parcel or contiguous parcels, the yards produced and disturbed acreage will be calculated based on the total of all sites within the parcel or contiguous parcels.(b)
Excavation or other land disturbance operations reasonably necessary for farming include only the term “farming” as used in ORS 517.750 (Definitions for ORS 517.702 to 517.989)(15)(b)(B) and means “farm use” as defined in ORS 215.203 (Zoning ordinances establishing exclusive farm use zones) but does not include other uses permitted in exclusive farm-use zones under ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993) or 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties). Farm excavation or other land disturbance operations are reasonably necessary only if it substantially contributes to the profitability of the farm use and other alternatives to accomplish the same objective are significantly more expensive or otherwise impractical. Farming does not include excavation for ponds intended for recreational or aesthetics purposes or for fish or wildlife habitat.(2)
An application for an exclusion certificate must be made on the form approved by the Department. The application must include the following information:(a)
The name of the operator;(b)
Location of the excavation;(c)
The ownership of the property; if the operator is not the landowner, the operator will provide written proof of land owner’s permission to mine the site on the landowner’s property;(d)
Size of the site;(e)
Date of commencement of the excavation;(f)
A summary of the previous 36 months’ activities and an estimate of the activity for the succeeding 36 months;(g)
An explanation of why the activity is exempt; and(h)
Any other information that the Department determines to be useful to determine whether an operation is properly excluded from permitting and reclamation requirements.(3)
Applications for nonaggregate mineral surface mining operations (including placer mines) must be filed no later than July 31, 2017, or within 90 days after excavation commences, whichever is later.(4)
Applications for sand, gravel, aggregate, or crushed stone mining operations must be received no later than September 30, 2016, or within 90 days after excavation commences, whichever is later.(5)
The Department will review an application upon receipt and notify the applicant whether the application is complete. If an application is deemed incomplete it will be returned to the applicant with a description of the missing information.(6)
The holder of an exclusion certificate must file an annual report on the anniversary date of the issuance of the certificate. The annual report must be accompanied by the annual fee established in ORS 517.753 (Exclusion certificate required for certain small-scale surface mining operations) and must include the following information:(a)
Volume of minerals extracted, or mineral deposits and overburden disturbed during the previous year;(b)
Amount of additional lands affected by mining during the previous year; and(c)
Total number of acres affected by the operation.
Source:
Rule 632-030-0016 — Exclusion Certificates, https://secure.sos.state.or.us/oard/view.action?ruleNumber=632-030-0016.