(b) If a mining operation is proposed on federal land, the project coordinating committee shall work with the affected federal agency in accordance with a memorandum of agreement established by the department and the federal agency to facilitate the state and federal application process and to coordinate the two processes to the fullest extent possible.
(2)(a) For a proposed mining operation that is a significant mineral resource site, if the owner or lessee of private property within the impact area of the proposed mining operation identifies a conflict between the proposed mining operation and the agricultural activities conducted on the private property within the impact area, the project coordinating committee shall analyze and address the identified conflict. In analyzing and addressing the identified conflict, the project coordinating committee:
(A) Shall consider compliance with federal, state or local standards for air quality, noise, water quality or other environmental considerations that are applicable to the identified conflict to be sufficient to resolve the conflict; and
(B) If there are not applicable federal, state or local standards as provided for in subparagraph (A) of this paragraph, may suggest to the department permit conditions for avoiding or reducing the identified conflict.
(b) The department shall avoid or minimize the conflicts identified by the project coordinating committee under this subsection through the imposition of one or more permit conditions. The permit conditions imposed by the department pursuant to this paragraph may include, but are not limited to:
(A) A permit condition suggested by the project coordinating committee;
(B) A requirement that the operator fulfill the terms of a written agreement to compensate one or more owners or lessees of private property located within the impact area for loss of crops or reduced agricultural production or use of the land; or
(C) Other reasonable and practicable measures to avoid or minimize the conflicts, as determined by the department.
(c) For purposes of this subsection, the department shall determine the impact area of the proposed mining operation.
(3) In carrying out its responsibilities, the project coordinating committee shall include opportunities for public participation. [1991 c.735 §10; 2013 c.371 §14; 2017 c.736 §8]
Structure 2021 Oregon Revised Statutes
Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources
Chapter 517 - Mining and Mining Claims
Section 517.005 - Legislative findings.
Section 517.010 - Location of mining claims upon veins or lodes.
Section 517.044 - Location of claims upon placer deposits; posting notice.
Section 517.046 - Marking boundaries of claim or locating by legal subdivisions.
Section 517.065 - Effect of noncompliance with law in locating claim.
Section 517.120 - Definitions for ORS 517.120 to 517.133.
Section 517.123 - Legislative findings.
Section 517.125 - Rules to be adopted in consultation with affected parties.
Section 517.128 - Restricting access to open mining area or mining claim prohibited.
Section 517.130 - Mineral trespass.
Section 517.133 - Interfering with a mining operation.
Section 517.135 - Exemption from crimes of mineral trespass and interfering with a mining operation.
Section 517.160 - Location of nonmineral land as millsite; notice; fee.
Section 517.180 - Procedure for extinguishing dormant mineral interest.
Section 517.210 - Recording affidavit of annual compliance.
Section 517.430 - Use of timber by lessee.
Section 517.702 - Legislative findings.
Section 517.715 - Exemptions from permit requirement.
Section 517.725 - Department inspection of exploration site.
Section 517.730 - Drill hole or well abandonment; rules.
Section 517.750 - Definitions for ORS 517.702 to 517.989.
Section 517.755 - Mining operations affecting more than five acres.
Section 517.770 - Exemptions from reclamation requirements.
Section 517.780 - Effect on county zoning laws or ordinances; rules; certain operations exempt.
Section 517.795 - Department to consult with and cooperate with other agencies.
Section 517.797 - Memorandum of agreement with Department of State Lands regarding permitting.
Section 517.800 - Fees; rules; annual report.
Section 517.810 - Requirement for bond or security; rules; other security in lieu of bond.
Section 517.813 - Reclamation Guarantee Fund.
Section 517.815 - Reclamation bond pooling program; requirements; rules.
Section 517.825 - Mining aggregate on high-value farmland; requirements; rules.
Section 517.832 - Emergency operating permit; rules.
Section 517.833 - Transfer of operating permit; rules.
Section 517.834 - Temporary operating permit; rules.
Section 517.836 - Surveying or marking surface mining operations; rules.
Section 517.840 - Administration and enforcement of ORS 517.702 to 517.989; rules.
Section 517.855 - Disruption of portion of mining property preserved from mining.
Section 517.862 - Revocation, termination or refusal to renew operating permit.
Section 517.905 - Applicability of ORS 517.910 to 517.989 and 517.910 to 517.951.
Section 517.910 - Definitions for ORS 517.910 to 517.989.
Section 517.951 - Legislative intent not to assume exclusive jurisdiction.
Section 517.952 - Definitions for ORS 517.952 to 517.989.
Section 517.956 - Requirements for mining operations; rules.
Section 517.963 - Department duties upon receipt of notice of intent.
Section 517.965 - Project coordinating committee.
Section 517.967 - Technical review team.
Section 517.971 - Consolidated application.
Section 517.973 - Fees; payment of expenses of department and permitting and cooperating agencies.
Section 517.978 - Review of application; additional information.
Section 517.982 - Final permits; permit conditions submitted by cooperating agencies.
Section 517.983 - Consolidated contested case hearing; judicial review; stay of permit.
Section 517.984 - Modification of permit; project coordinating committee.
Section 517.989 - Rules applicable to consolidated application.