OAR 632-030-0052: Temporary Operating Permits

The Department may issue a temporary operating permit as authorized under ORS 517.834. A temporary operating permit is subject to the following additional limitations: (1) The operator must provide 14 days’ prior notice to adjacent property owners and all potentially affected federal agencies and public bodies. Public notice must be published in a newspaper that is broadly circulated in the areas adjacent to the proposed mine. Notice to property owners, federal agencies, and public bodies must be in writing and sent by U.S. mail or comparable means. The operator must provide the Department with documentation of the entities notified and the manner of notification. Notification must be in a form approved by the Department and must inform the recipients of the right to submit comments on the proposed temporary operating permit to the Department. (2) A temporary operating permit may be issued for a term not to exceed 6 months, during which time the operator must apply for a regular operating permit. The operator must cease all excavation and processing and reclaim the site if the Department has not issued a provisional or regular operating permit before the term of the temporary operating permit expires.