OAR 632-035-0040
Maintaining an Operation Permit


Within 30 days after completion of construction and prior to operation, the permittee shall submit a signed registered engineer’s or certified engineering geologist’s report, complete with accurate drawings and specifications depicting the actual construction. Alternatively, if the construction proceeded in substantial compliance with the approved plans and specifications, a statement to that effect may be submitted by the registered professional engineer or certified engineering geologist. In either case, the permittee shall make specific arrangements for inspection by the Department during construction or installation of mine facilities.


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After issuance of the permit and prior to mining, the permittee must mark the boundaries for all excavation areas, stockpiles, setbacks, and buffers. Unless otherwise authorized by the Department in writing, the marking must be accomplished by placing clearly visible markers, approved by the Department, at a distance of no more than 200 feet on center. The Department may grant extensions for marking areas that are subject to a phased operation plan. The Department may waive marking requirements or allow greater distances where topography or other conditions make marking unreasonable. Any extension or waiver must be approved by the Department in writing.


Operators of previously permitted operations with a total disturbed area in excess of 20 acres must survey the permit area and provide a map that complies with the requirements in subsection (2)(a) of this rule. The survey must be completed and submitted to the Department for review upon adoption of these rules and within 12 months after the permit anniversary date. Upon receipt of a written request from a permittee, the Department may grant extensions to this requirement for good cause shown. Extensions must be authorized by the Department in writing. Within three months after the Department notifies the permittee that the survey is adequate, the permittee must mark boundaries in the permit area as provided in subsection (2)(a) of this rule.


The Department may require any operator of a previously permitted operation that is not subject to subsection (2)(b) of this rule to provide a survey or marking or both if the Department determines that surveying or marking is needed for effective or efficient implementation or enforcement of the permit, reclamation plan, Department rules or the Act. The permittee will be notified of such requirement in writing and will be allowed a reasonable time to accomplish the survey or marking requirements.


The Department may require a permittee to update the surveys or maps required under this rule if the operation is subject to a notice of violation under ORS 517.860 (Effect of failure to comply with operating permit or reclamation plan), a suspension order under ORS 517.880 (Order for suspension of surface mining operation operating without required permit), or a significant modification of the operating permit.


Subject to the limitations in ORS 517.862 (Revocation, termination or refusal to renew operating permit), an operating permit issued by the Department will remain in effect for the period of time necessary to mine and reclaim the land described in the permit and subject to the requirements of the law. Each operating permit is to be renewed prior to the anniversary date by submitting the required annual fee, any other accrued fees, and filing the annual report. As a courtesy, the Department may notify the permittee by mail at least 45 days prior to the anniversary date of the permit and provide the necessary renewal forms and fee schedule for permit renewal. In cases of nonrenewal, a second notice may be sent prior to issuance of a closure order. The permittee shall maintain an operating permit until mining and reclamation, including revegetation (if required), have been completed.


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If the Department determines from inspections conducted pursuant to ORS 517.850 (Inspection of permit area), or from any other source, that the operation is not in compliance with the approved operating permit, ORS 517.750 (Definitions for ORS 517.702 to 517.989) to 517.900, or the rules adopted thereunder, the Department shall give written notice of noncompliance to the permittee;


The permittee must begin rectifying all deficiencies within 30 days of receipt of the notice of noncompliance as required in ORS 517.860 (Effect of failure to comply with operating permit or reclamation plan)(1), or file a written appeal to the notice of noncompliance in accordance with OAR 632-035-0056. If the permittee appeals the notice within 30 days of receipt, the Department will not issue a closure order or revoke the permit pending the appeal, except in cases of reasonable probability of danger to human life, property, water resources, or the environment. The Department will provide the permittee a written statement of the specific facts leading to that finding and corrective action for the elimination of such danger.


The Department will notify the permittee in writing within ten days of verification of compliance.

Source: Rule 632-035-0040 — Maintaining an Operation Permit, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=632-035-0040.

Last Updated

Jun. 8, 2021

Rule 632-035-0040’s source at or​.us