ORS 517.830
Operating permit approval process

  • appeal from denial of plan
  • consolidated application process

(1)

Upon receipt of an application for an operating permit, the State Department of Geology and Mineral Industries shall:

(a)

Inspect the operating site described in the application;

(b)

Provide notice to the local jurisdiction and an opportunity for the local jurisdiction to, within 30 days after the date of the notice, request that the department delay a decision on an operating permit and reclamation plan as provided in subsection (4) of this section; and

(c)

If the application is not subject to the consolidated application process under ORS 517.952 (Definitions for ORS 517.952 to 517.989) to 517.989 (Rules applicable to consolidated application), provide notice to each federal and state permitting agency, as defined in ORS 517.952 (Definitions for ORS 517.952 to 517.989), and each cooperating agency and provide an opportunity for the agencies to, within 30 days after the date of the notice, respond in writing to the department identifying reasonably expected adverse effects of the proposed mining operation on land, air, water or wildlife resources.

(2)

Within 90 days after the date that the application and the required permit fee are received, the department shall issue the operating permit applied for or, if it considers the application incomplete, return the application to the applicant for correction of the deficiencies indicated by the department. An operating permit that is not subject to ORS 517.952 (Definitions for ORS 517.952 to 517.989) to 517.989 (Rules applicable to consolidated application) shall contain reasonable conditions designed to avoid or minimize an adverse effect identified by an agency pursuant to subsection (1)(c) of this section, provided:

(a)

A permit issued by a federal, state or local permitting agency approving the mining operation does not include provisions to mitigate the adverse effect; and

(b)

The land use decision issued by the local government approving the mining operation does not include provisions to mitigate the adverse effect.

(3)

Failure by the department to act upon the reclamation plan submitted with an application for an operating permit within the 90-day period referred to in subsection (2) of this section is not a denial by the department of the operating permit applied for. The department, pending final approval of a reclamation plan, may issue a provisional permit subject to reasonable limitations that may be prescribed by the department and conditioned upon the applicant’s compliance with the bond and security requirements established by ORS 517.810 (Requirement for bond or security).

(4)

Intentionally left blank —Ed.

(a)

Notwithstanding subsections (2) and (3) of this section, if an application involves an aggregate site that requires a permit issued pursuant to ORS 215.427 (Final action on permit or zone change application) or 227.178 (Final action on certain applications required within 120 days), and if the local jurisdiction requests that the application not be decided until the local jurisdiction has taken final action, the department shall make a final decision on the operating permit and reclamation plan no later than 165 days after the date a complete land use application is submitted to the local jurisdiction, unless the applicant agrees to allow additional time under ORS 215.427 (Final action on permit or zone change application), 215.429 (Mandamus proceeding when county fails to take final action on land use application within specified time), 227.178 (Final action on certain applications required within 120 days) or 227.179 (Petition for writ of mandamus authorized when city fails to take final action on land use application within 120 days). If a plan amendment is required as part of issuance of a permit, the provisions of paragraph (b) of this subsection apply. The department may not approve an operating permit and reclamation plan if the land use application is denied.

(b)

Notwithstanding subsections (2) and (3) of this section, if an application involves an aggregate site that requires amendment to a comprehensive plan, as defined in ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325), and if the local jurisdiction requests that the application not be decided until the local jurisdiction has taken final action on the plan amendment, the department may not make a final decision on the operating permit and reclamation plan until the local jurisdiction has taken final action on the plan amendment. The department shall make its final decision within 45 days of the date that the local jurisdiction has taken final action on the plan amendment. The department may not approve an operating permit and reclamation plan if the plan amendment is denied.

(5)

Conditions and requirements imposed on an operating permit and reclamation plan, and modifications thereto, issued subsequent to issuance of a local jurisdiction permit shall be compatible with the requirements and conditions of the local government permit, unless more stringent requirements are necessary to comply with the provisions of ORS 517.750 (Definitions for ORS 517.702 to 517.989) to 517.901 (Confidentiality of production records, mineral assessments and trade secrets).

(6)

Intentionally left blank —Ed.

(a)

If a local jurisdiction does not request that the department delay a decision on an operating permit and reclamation plan as provided in subsections (1)(b) and (4) of this section, the department shall, prior to issuing the operating permit, give the local jurisdiction notice and an opportunity to provide comments and the following information about the proposed operating permit and reclamation plan:

(A)

Information about any applicable local land use regulations;

(B)

Whether the site described in the proposed operating permit and reclamation plan is included on a local government inventory required by any open spaces, scenic and historic areas and natural resources land use planning goal;

(C)

A statement that an application has or has not been filed for local approval; and

(D)

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

(b)

A local jurisdiction shall respond to a notice provided under paragraph (a) of this subsection within 35 days after the date of the notice.

(7)

If the department refuses to approve a submitted reclamation plan, it shall notify the applicant, in writing, of its reasons for the refusal to approve the reclamation plan, including additional requirements as may be prescribed by the department for inclusion in the reclamation plan. Within 60 days after the receipt of the notice, the applicant shall comply with the additional requirements prescribed by the department for the reclamation plan or file with the department a notice of appeal from the decision of the department with respect to the reclamation plan. If a notice of appeal is filed with the department by the applicant, the department may issue a provisional permit to the applicant.

(8)

If an application is submitted as part of the consolidated application process under ORS 517.952 (Definitions for ORS 517.952 to 517.989) to 517.989 (Rules applicable to consolidated application), review of the application and approval or denial of the application shall be in accordance with ORS 517.952 (Definitions for ORS 517.952 to 517.989) to 517.989 (Rules applicable to consolidated application). However, the review and approval or denial shall take into consideration all policy considerations for issuing a permit under ORS 517.702 (Legislative findings) to 517.989 (Rules applicable to consolidated application). [1971 c.719 §6; 1975 c.724 §5; 1985 c.292 §10; 1991 c.243 §2; 1991 c.735 §29; 1999 c.353 §5; 1999 c.492 §4; 1999 c.533 §13; 2001 c.104 §226; 2007 c.318 §8; 2015 c.492 §1; 2017 c.736 §5]

Source: Section 517.830 — Operating permit approval process; appeal from denial of plan; consolidated application process, 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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