Or. Admin. Code § 632-037-0055

Current through Register Vol. 63, No. 10, October 1, 2024

Section 632-037-0055 - Existing Environment - Baseline Data

The General Information section of a consolidated application shall include but not be limited to the following:

(1) The name, mailing address and phone number of the applicant and a registered agent for the applicant.

(2) The name(s) and address(es) of all owners of the surface and mineral estate.

(3) The legal structure (e.g., corporation, partnership, individual) of the applicant as filed in the business registry with the Secretary of State and the legal address of the applicant.

(4) The proposed starting date and expected life of the proposed mining operation.

(5) The name and location of the proposed facility.

(6) The location of existing and proposed roads.

(7) Appropriate maps, aerial photographs, cross sections, plans, design drawings and documentation of appropriate scale may be required by the technical review team. The applicant may contact the technical review team for recommendations regarding scale and amount of detail required. The applicant may be required to submit extra copies of materials to be circulated to other agencies. Information that may typically be required on maps, aerial photographs or design drawings includes but is not limited to:

(a) Permit area lateral extent and proposed depth of excavation;

(b) Mine location;

(c) Waste rock, ore storage, subgrade ore or overburden stockpile locations;

(d) Processing facility locations;

(e) All other facility locations;

(f) Topsoil stockpile locations;

(g) Typical cross sections, including but not limited to, the pit, major facilities, cut and fill slopes and other disturbed areas;

(h) Plan views and profiles, including but not limited to, the pit, major facilities, cut and fill slopes and other disturbed areas;

(i) Existing watercourses and ponds;

(j) Interim watercourses and ponds;

(k) Reconstructed watercourse and ponds;

(l) Proposed post-mining topography;

(m) Property lines;

(n) General ore body location and area extent.

(8) Written evidence that the surface estate and mineral estate owners concur with the proposed reclamation plan and that they will allow the Department access to complete reclamation within the permit area if the permittee fails to comply with the approved reclamation plan. If the applicant can document a legal right to mine without the consent of the surface owner, and the applicant can ensure that the Department will have a right to enter upon the permit area to complete the reclamation within the permit area if the permittee fails to complete the approved reclamation plan, the Department may issue an operating permit. If the proposed mine is located on federal land, the requirement of this section can be satisfied by documentation from the federal government verifying that the land is open to mineral exploration and development.

Or. Admin. Code § 632-037-0055

GMI 2-1991, f. & cert. ef. 10-11-91; DGMI 1-2014, f. & cert. ef. 4-2-14

Stat. Auth.: ORS 517.750 - 517.995

Stats. Implemented: ORS 517.971632-037-0055Existing Environment - Baseline Data The Existing Environment - Baseline Data section of a consolidated application shall include but not be limited to the following: (1) Baseline data that describes the environmental, socioeconomic, historical, and archaeological conditions of the study area, and the land use designations and special use designations in the study area. Such information shall include, but not be limited to, description of the following: (a) Vegetation; (b) Soil/overburden; (c) Climate/air quality; (d) Fish, fish habitat and aquatic biology; (e) Wildlife and wildlife habitat; (f) State or federally listed threatened or endangered species and habitat and state sensitive species and habitat; (g) Surface and groundwater; (h) Seismicity; (i) Geology and geologic hazards; (j) Mineralogy and chemistry; (k) Noise; (l) Existing land use and land use designations; (m) Cultural/historical resources; (n) Archaeological resources; (o) Socioeconomic conditions; (p) State scenic waterways designated under ORS 390.805 {to} 390.925 and federal wild, scenic or recreational rivers designated under 28 U.S.C. 1271 {to} 1287; and (q) Identification of special natural areas designated by the state or federal government, including but not limited to the following: (A) Areas designated as areas of critical environmental concern as defined by the Federal Land Policy and Management Act, 43 U.S.C. 1700 et seq.; (B) Research natural areas as defined by the National Forest Management Act of 1976, Public Law 94-588 as amended; (C) Outstanding natural areas as defined by 43 CFR 2070 ; and (D) Areas designated by the Oregon Natural Heritage Plan established under ORS 273.576. (2) The level of detail required in section (1) of this rule may vary depending upon the location, size, scope and type of mining operation. The applicant should consult with the Department and the technical review team to determine the level of detail necessary for the applicant's proposed mining operation; (3) The Department and the technical review team shall coordinate with appropriate federal agencies that have similar baseline data requirements, to avoid duplication for the applicant. Stat. Auth.: ORS 517.750 - 517.995

Stats. Implemented: ORS 517.971