OAR 632-030-0015: Information Requirements; Surveys; Marking

(1) Information Requirements. The Department may require any information needed to ascertain whether surface mining has occurred or is occurring and the status of any proposed or existing permit. Any production records, mineral assessments, and trade secrets submitted by a mine operator or landowner to the Department will be kept confidential as provided in ORS 517.901. (2) Surveys and Marking. (a) Applicants for new operating permits or amendments must survey the permit area, all excavation areas, setbacks, and buffers, and provide a map that shows all areas of excavation, setbacks, buffers, buildings, haul roads, stockpiles, wells, ponds, and floodways. Surveys must be conducted by a professional land surveyor as required by ORS 672. (b) After issuance of the permit and prior to mining, the operator 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. (c) 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 an operator, 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 operator that the survey is adequate, the operator must mark boundaries in the permit area as provided in subsection (2)(b) of this rule. (d) The Department may require any operator of a previously permitted operation that is not subject to subsection (2)(c) 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 operator will be notified of such requirement in writing and will be allowed a reasonable time to accomplish the survey or marking requirements. (3) The Department may require an operator to update the surveys or maps required under this rule if the operation is subject to a notice of violation under ORS 517.860, a suspension order under ORS 517.880, or a significant modification of the operating permit.