Or. Admin. Code § 632-030-0017

Current through Register Vol. 63, No. 12, December 1, 2024

Section 632-030-0017 - Limited Exemption

(1) For the purposes of this rule:

(a) "Expansion" means lateral expansion consequential to surface mining into land surfaces previously not affected by surface mining.

(b) "Lands within the surfaces and contours of surface mines in existence on July 1, 1972," means land affected by surface mining before July 1, 1972, that have not been adequately reclaimed.

(2) The following mining operations are exempt from reclamation except as provided in ORS 517.775:

(a) Lands within the surfaces and contours of surface mines in existence on July 1, 1972, or vertical extensions of those surfaces and contours, provided the Department issued a certificate of exemption to the mining operation on or before October 31, 2000; and

(b) Lands within the surfaces and contours of surface mining operations that are owned or operated by a person who, on July 1, 1972, was a party to a surface mining contract that was valid on January 1, 1971, provided the Department issued a certificate of exemption to the mining operation on or before September 20, 1985.

(3) The holder of a limited exemption certificate shall renew the limited exemption annually by submitting the renewal form and fee to the Department before the certificate expires. A certificate of exemption terminates if the landowner or operator does not renew the certificate annually. The Department may request information to determine continued eligibility.

(4) No surface mining is permitted outside of the limited exemption area without an operating permit unless the expansion qualifies for a total exemption from regulation under ORS 517.750(15) and OAR 632-030-0016. Expansion of a site operating under a limited exemption certificate before the operating permit is issued constitutes surface mining without a permit and is prohibited by ORS 517.790. The operating permit issued for an expanded site applies only to the expansion area; the area within the limited exemption boundary retains its limited exemption status so long as the limited exemption certificate is properly maintained.

(5) For sites operating under a limited exemption certificate, the landowner or operator must submit a closure plan to the Department for approval prior to the exemption renewal date in the year 2010, or at least one year prior to the completion of mining, whichever comes first. The closure plan must be signed by the landowner and by the operator if the operator is different from the landowner. For purposes of this section, "landowner" means the owner of the surface of the land or the owner of the mineral estate if the mineral estate owner is different from the surface land owner. The closure plan must reasonably control erosion and must reasonably ensure that there will be no off-site impacts to surface or ground water from the mined land. The closure plan must include, but is not limited to:

(a) Name and address of the landowner;

(b) Name and address of the mine operator and holder of the limited exemption certificate if different from the landowner;

(c) The commodity or commodities mined at the site;

(d) A map or maps showing the boundary of the area subject to the limited exemption, existing topography, springs, surface waters, wetlands, and final slope configuration, and also showing whether final slopes are cut slopes or fill slopes and how any drainage will be managed;

(e) Detailed stabilization and sediment control measures;

(f) Detailed revegetation measures including a description of soils, seed bed preparation, mulching, fertilization, plant species, seeding or planting rates, and seeding or planting dates;

(g) Design plans for any sediment control structures to be constructed or installed on the site;

(h) A description of all stockpiles, petroleum products and any toxic or hazardous substances or materials stored on the site and a description of how these stockpiles, products, substances, or materials will be managed or removed from the site; and

(i) Removal of refuse, structures, foundations, abandoned equipment, or metal debris.

(6) If the limited exemption is terminated, all mining allowed under the exemption must cease immediately and the landowner or operator must:

(a) Immediately begin implementation of the closure plan required under section (8) of this rule; or

(b) If no closure plan has been submitted to the Department, submit a closure plan to the Department within 30 days and begin implementing the closure plan within 30 days after approval by the Department; or

(c) Within 30 days, submit an application to the Department for a new operating permit (for sites previously operating only under a limited exemption certificate) or an amendment to the existing operating permit (for sites operating under both a limited exemption certificate and an operating permit).

Or. Admin. Code § 632-030-0017

GMI 5, f. 12-20-73, ef. 1-11-74; GMI 7, f. 11-7-74, ef. 12-11-74; GMI 1-1980, f. 2-29-80, ef. 3-1-80; GMI 2-1982, f. & ef. 8-13-82; GMI 2-1985, f. 11-19-85, ef. 11-20-85; GMI 1-1988, f. 3-30-88, cert. ef. 3-11-88; GMI 2-1997, f. & cert. ef. 10-14-97; DGMI 1-1999, f. & cert. ef. 1-7-99; DGMI 1-2000, f. & cert. ef. 7-20-00; DGMI 2-2003, f. & cert. ef. 8-22-03; DGMI 1-2009, f. & cert. ef. 5-15-09

Stat. Auth.: ORS 517

Stats. Implemented: ORS 517.770 & 517.775