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The Oregon Administrative Rules contain OARs filed through November 15, 2014
 
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DEPARTMENT OF FISH AND WILDLIFE

 

DIVISION 420

CHEMICAL PROCESS MINING CONSOLIDATED APPLICATION
AND PERMIT REVIEW STANDARDS

635-420-0000

Purpose

The purpose of OAR Chapter 635, Division 420 is to implement the provisions of Oregon Laws 1991, Chapter 735. These rules prescribe the standards for Department review of proposed chemical process mining operations for the purpose of developing conditions for protection of wildlife and their habitat, to further the Wildlife Policy (ORS 496.012) and Food Fish Management Policy (ORS 506.109) of the State of Oregon.

Stat. 496.012 & 506.109
Stats. Implemented: ORS 496 .012 & 506.109
Hist.: FWC 140-1991, f. & cert. ef. 12-26-91

635-420-0010

Definitions

For the purposes of OAR 635-420-0000 through 635-420-0120 only:

(1) "Associated Wastewaters" means wastewaters, including but not limited to tailings in liquid or slurry form, which are created as a result of a chemical process mining operation.

(2) "Available Technology" means technology that is obtainable and:

(a) Has been demonstrated to meet environmental standards at an existing mine or a demonstration project of similar size and scale; or

(b) Is reasonably expected to meet or exceed environmental standards at the proposed mine.

(3) "Baseline Data" means information gathered to characterize the natural and cultural environments of an operation site before a mining operation begins.

(4) "Chemical Process Mine" means a mining and processing operation for metal-bearing ores that uses chemicals to dissolve metals from ore.

(5) "Consolidated Application" means the single application for a chemical process mine required by DOGAMI pursuant to OAR Chapter 632, Division 037.

(6) "Contained" means the use of solid containers such as tanks, vats or pipes to completely enclose chemical processing solutions or associated wastewaters to preclude access by wildlife.

(7) "Conveyance" means any conduit for chemical processing solutions or associated wastewaters including but not limited to pipes, channels, ditches and troughs.

(8) "Cover" means a permeable or impermeable material used to preclude access to chemical processing solutions or associated wastewaters by wildlife, including but not limited to netting, screening, or floating covers or liners.

(9) "Critical Habitat" for any federally listed threatened or endangered species means:

(a) The specific areas within the geographical area occupied by the species, at the time it is listed in accordance with the provisions of the federal Endangered Species Act (ESA), on which are found those physical and biological features:

(A) Essential to the conservation of the species; and

(B) Which may require special management considerations or protection; and

(b) Specific areas outside the geographical area occupied by the species at the time it is listed in accordance with the provisions of the ESA, upon a determination by the Secretary of the Interior that such areas are essential for the conservation of the species.

(10) "Department" means the Oregon Department of Fish and Wildlife.

(11) "DOGAMI" means the Oregon Department of Geology and Mineral Industries.

(12) "Endangered Species" means:

(a) Any native wildlife species determined by the Fish and Wildlife Commission to be in danger of extinction throughout any significant portion of its range within the state; or

(b) Any native wildlife species listed as an endangered species pursuant to the federal Endangered Species Act of 1973 (PL 93-205, 16 U.S.C. § 1531), as amended.

(13) "Environmental Evaluation" means an analysis prepared pursuant to ORS Chapter 517 to address specific impacts of the chemical process mine operation to allow affected agencies to develop permit conditions.

(14) "Environmental Standards" means standards established either by statute or rule that shall be met by a chemical process mine.

(15) "Essential Habitat" means any habitat condition or set of habitat conditions, which, if diminished in quality or quantity, would result in depletion of a wildlife species.

(16) "Habitat" means the physical and biological conditions within the geographic range of occurrence of a species, extending over time, that affect the welfare of the species or any sub-population or members of the species.

(17) "Habitat Evaluation Procedures" means a system developed by the U.S. Fish and Wildlife Service to determine the habitat value of a project site.

(18) "Habitat Value" means the relative ability of a habitat to support wildlife populations.

(19) "Harm" means mortality of or injury to wildlife, including physical injury or impairment of productivity through alteration of essential behavior patterns such as breeding, feeding or sheltering.

(20) "Hazing" means acts to frighten but not kill wildlife through the use of visual deterrent or audio aversion methods.

(21) "Impact" means an adverse effect of a chemical process mine upon wildlife habitat.

(22) "Mitigation" means the reduction of adverse effects of a proposed chemical process mining operation by considering, in the following order:

(a) Avoiding the impact altogether by not taking a certain action or parts of an action;

(b) Minimizing impacts by limiting the degree or magnitude of the action or parts of an action;

(c) Rectifying the impact by repairing, rehabilitating or restoring the affected environment;

(d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action by monitoring and taking appropriate corrective measures; or

(e) Compensating for the impact by replacing or providing comparable substitute resources or environments.

(23) "Necessary Technology" means technology that is required to ensure compliance with environmental standards.

(24) "Off-Site Mitigation" means habitat mitigation measures undertaken in areas distant from the mining operation, and which are intended to benefit wildlife populations other than those directly affected by the mining operation.

(25) "On-Site Mitigation" means habitat mitigation measures undertaken in areas within or in proximity to the mining operation, and which are intended to benefit wildlife populations directly affected by the operation.

(26) "Permittee" means the recipient of a permit for a chemical process mine pursuant to OAR Chapter 632, Division 037.

(27) "Practicable Technology" means available and necessary technology whose costs are not significantly disproportionate to the potential environmental benefits. A technology is not practicable if the cost is so high it renders a mine operation infeasible.

(28) "Processing" means milling and the use of chemicals to dissolve metals from ore. As used in these rules, processing includes but is not limited to cyanide heap leach processing and cyanide vat processing operations.

(29) "Processing Solutions" means those solutions which are used directly or indirectly to recover minerals.

(30) "Project Coordinating Committee" means the interagency governmental committee established in accordance with OAR 632-037-0020.

(31) "Sensitive" refers to wildlife species, subspecies, 0or populations identified on the List of Sensitive Species adopted pursuant to OAR 635-100-0040.

(32) "Snow Load" means the maximum force that may be applied by snow accumulation in a mean recurrence interval.

(33) "Study Area" means those areas determined by the Technical Review Team for which baseline data must be collected and an environmental evaluation and social impact analysis must be developed.

(34) "Tailings" means ground rock residue from a milling procedure which utilized process solutions to remove minerals from ore.

(35) "Technical Review Team" means the interagency group established in accordance with OAR 632-037-0025.

(36) "Threatened Species" means:

(a) Any native wildlife species the Fish and Wildlife Commission has determined is likely to become an endangered species within the foreseeable future throughout any significant portion of its range within this state; or

(b) Any native wildlife species listed as a threatened species pursuant to the federal Endangered Species Act of 1973 (PL 92-205, 16 U.S.C. § 1531), as amended.

(37) "Undamaged Ecosystem" means an ecosystem that is comparable in utility and stability to the ecosystem surrounding the chemical process mine and/or the pre-mine ecosystem and which retains the principle ecological characteristics reasonably expected to exist under local, climatic, geological, soil, hydrological and biological conditions.

(38) "Wildlife" means all fish, shellfish, intertidal animals, wild birds, amphibians, reptiles, and wild mammals.

(39) "Wind Load" means the maximum forces that may be applied to a structural element by wind in a mean recurrence interval.

(40) "Zero Mortality Objective" means the lowest level of wildlife mortality achievable by the use of the best available, practicable and necessary technology for wildlife protection measures at a chemical process mining operation, maintained and monitored on an ongoing and constant basis to assure that this standard is achieved throughout the life of the chemical process mining operation and subsequent reclamation.

[Publications: Publications referenced are available from the agency.]

Stat. 496.012 & 506.109
Stats. Implemented: ORS 496 .012 & 506.109
Hist.: FWC 140-1991, f. & cert. ef. 12-26-91

635-420-0020

Wildlife Protection Plan

(1) The applicant shall prepare a wildlife protection plan as part of the consolidated application for a chemical process mine in OAR Chapter 637, division 037. The plan shall provide sufficient information to demonstrate that the standards for wildlife protection in 635-420-0030 have been met.

(2) On the date the consolidated application is submitted to DOGAMI, the applicant shall provide one copy of the wildlife protection plan and all information incorporated into the plan by reference to each Department representative on the Project Coordinating Committee and the Technical Review Team.

(3) The Department, or a third party contractor hired by the Department, shall review the wildlife protection plan and shall notify DOGAMI and the applicant in writing of any amendments which are necessary for compliance with the standards for wildlife protection in OAR 635-420-0030.

(4) The wildlife protection plan shall:

(a) Provide a site plan drawn to scale showing the location of all chemical processing solutions and associated wastewaters;

(b) Describe the method which shall be used to apply chemical processing solutions to heap leach pads, and the measures which shall be taken to preclude ponding or other conditions which could lead to the ingestion of or exposure to chemical processing solutions by wildlife. These measures shall be selected based on factors which include, but are not limited to, the application rate of chemical processing solutions, and the characteristics of the ore;

(c) Identify the chemical processing solutions and associated wastewaters which shall be contained or covered and fenced to preclude access by wildlife, and provide design drawings, construction specifications and other information necessary to demonstrate compliance with the standards in OAR 635-420-0040 and 635-420-0050. If alternatives to the materials or construction methods in 635-420-0040 and 635-420-0050 are proposed, information shall be provided to demonstrate that the proposed alternatives provide equivalent or better strength, durability and protection for wildlife;

(d) Identify any wastewaters which will not be contained or covered and fenced to preclude access by wildlife, and provide the following information:

(A) A description of the chemical composition of the wastewaters;

(B) A description of the methods which shall be used to maintain the wastewaters in a condition which is not harmful to wildlife;

(C) Current scientific data which is well-documented and verifiable to demonstrate that the chemical composition of the wastewaters will not be harmful to wildlife.

(e) A program for ongoing and constant monitoring and maintenance of wildlife protection measures, including a schedule of activities and the job title of the person or persons responsible for the monitoring program;

(f) A plan for minimizing vehicular and public impact on wildlife:

(A) The plan shall provide for permanent closures of new roads which were developed to provide access to or to serve the mining operation upon cessation of operations and shall provide for temporary closures of such roads during temporary or seasonal shutdowns;

(B) The plan shall identify wildlife migration and movement corridors within the study area, and shall identify methods to avoid or minimize vehicular and public impacts on wildlife;

(C) Additional measures to avoid or minimize vehicular and public impact on wildlife shall be required if, in the judgment of the Department, such measures are necessary due to the number of employees, wildlife concentrations within the area, presence of threatened, endangered, or sensitive species, or other factors. These additional measures may include, but are not limited to:

(i) Measures for reducing traffic to and from the mines by mine employees, such as carpooling and vanpooling;

(ii) Speed limits on access roads;

(iii) Limitations on the use of access roads by the public;

(iv) Limitations on the use of access roads by employees for purposes other than access to the mine during working hours.

(D) Any controls or limitations on publically owned roads or lands shall be subject to the approval of the appropriate public agency with regulatory authority.

(g) A contingency plan to rectify any failures of wildlife protection measures, or to provide additional wildlife protection if necessary during periods of migration, including a description of hazing programs or other temporary or emergency measures which shall be instituted.

(5) The wildlife protection plan may avoid duplication by incorporating information included in environmental assessments (EA) or environmental impact statements (EIS) prepared for the proposed chemical process mine, or information included in the consolidated permit application required by DOGAMI. The plan shall identify by source, section and page number the information being relied upon to meet each of the requirements of OAR 635-420-0030 and this division.

Stat. 496.012 & 506.109
Stats. Implemented: ORS 496 .012 & 506.109
Hist.: FWC 140-1991, f. & cert. ef. 12-26-91 

635-420-0030

Standards for Wildlife Protection

Chemical process mining operations shall use the best available, practicable and necessary wildlife protection technologies to maintain an objective of zero wildlife mortality. Wildlife protection measures shall meet or exceed the following standards which are necessary to protect wildlife:

(1) Chemical processing solutions shall be applied to heap leach pads by drip-irrigation systems or other methods which preclude ponding or other conditions which could result in the ingestion of or exposure to chemical processing solutions by wildlife.

(2) Chemical processing solutions shall be contained, or shall be covered in accordance with OAR 635-420-0040 and fenced in accordance with 635-420-0050 to preclude access by wildlife.

(3) Associated wastewaters shall be maintained in a condition that is not harmful to wildlife or shall be covered in accordance with OAR 635-420-0040 and fenced in accordance with 635-420-0050 to preclude access by wildlife.

(4) Electrical power lines and other transmission facilities shall be designed an constructed to prevent electrocution hazard to wild birds by incorporating features such as armless poles, vertical separation of wires, pole extensions perches or line insulators. Designs shall be consistent with the specifications contained in "Suggested Practices for Raptor Protection on Powerlines" (Raptor Research Report No. 4, Raptor Research Foundation, Inc., 1981) or with equivalent specifications approved by the Department.

(5) Access to a chemical process mine by mine employees and the public shall be controlled to minimize harassment of wildlife and collisions between vehicles and wildlife. On publically owned lands, these controls shall be developed in conjunction with, and shall be subject to the approval of, the applicable public land management agency.

[Publications: Publications referenced are available from the agency.]

Stat. ORS 496.012 & 506.109
Stats. Implemented: ORS 496 .012 & 506.109
Hist.: FWC 140-1991, f. & cert. ef. 12-26-91

635-420-0040

Minimum Standards for Covering or Containment

(1) All conveyances for chemical processing solutions shall be covered or contained to preclude access by wildlife. Conveyances for associated wastewaters shall be covered or contained to preclude access by wildlife, or shall be maintained in a condition that is not harmful to wildlife.

(2) All uncontained chemical processing solution ponds or impoundments shall be covered to preclude access by wildlife.

(3) Covers and containers shall preclude access to chemical processing solutions and associated wastewaters by wildlife. At a minimum, cover designs shall be based on the following factors:

(a) Wind and snow loads at a mean recurrence interval of 100 years;

(b) Size, shape and location of the area to be covered;

(c) Species and behavior of wildlife at the mine site;

(d) Direction of prevailing winds.

(4) All covers, as well as their supports and attachments, shall be made of durable ultraviolet resistant materials.

(5) The mesh openings of netting and other permeable covers shall be no larger than one square inch unless the Department determines that a larger mesh size is adequate to exclude birds, bats and other wildlife.

(6) Netting and netting support systems shall meet the following minimum specifications:

(a) Netting shall be solid-strand polypropylene, high density polyethylene or other material of equivalent or better strength, durability and resistance to penetration by wildlife;

(b) Netting shall be black or another color which does not attract resident or migratory birds and bats;

(c) Support cable shall be coated to minimize net abrasion;

(d) Sections of netting shall be fastened together or terminated on cables in a manner which precludes access to processing solutions by wildlife. The following minimum specifications shall apply:

(A) Where sections of netting are fastened together, they shall be overlapped a minimum of six inches and attached at intervals no greater than six inches;

(B) Where a section of netting is terminated on a support cable or a perimeter ground cable, the netting shall be folded around the cable, overlap itself a minimum of six inches, and be attached to itself at intervals no greater than six inches;

(C) Where sections of netting that are terminated on support cables lie adjacent to one another, the support cables shall be fastened together at intervals sufficient to prevent gaps greater than one inch wide between the support cables;

(D) Rope made of polypropylene or other material of equivalent or better strength, durability and ultraviolet resistance shall be strung above the netting to minimize net ship in high winds;

(E) Netting shall be fastened to perimeter ground cables which are securely anchored to the ground.

Stat. 496.012 & 506.109
Stats. Implemented: ORS 496 .012 & 506.109
Hist.: FWC 140-1991, f. & cert. ef. 12-26-91

635-420-0050

Minimum Standards for Fencing

Fencing which meets the following minimum specifications shall be placed around all chemical processing solutions and associated wastewaters which are not contained:

(1) Fences shall be a minimum of eight feet in height. Higher fences may be required by the Department if necessary due to the characteristics of the mine site, including but not limited to slope or topography or the wildlife species identified in the baseline data.

(2) A ground cloth of a minimum of 0.5 inch mesh shall cover the lower 30 inches of the fencing and shall extend below and horizontal to the ground surface for a distance sufficient to exclude burrowing mammals. The ground cloth shall be galvanized hardware cloth or other material of equivalent or better strength, durability and resistance to penetration by wildlife. The Department shall determine appropriate mesh sizes, depths and horizontal distances based on the soil horizons and wildlife species identified in the baseline data.

(3) If fencing materials other than chain link or cyclone fencing are used, the following additional minimum specifications shall be followed:

(a) Wooden posts not less than 11 feet 6 inches long or #133 studded "T" steel posts not less than ten feet long shall be used as line posts. When steel posts are used, every seventh post shall be wooden;

(b) Wood posts shall have a top diameter of not less than five inches and shall be free from defect, decay or damage. They shall be treated for at least three feet at the base with a wood preservative to prevent decay or insect damage;

(c) Wood posts shall be sunk at least two feet six inches into the ground and set no more than one rod apart. Posts shall be securely braced at the corners, angles, and at intervals along the line;

(d) The fence shall be constructed of 14.5 gauge woven wire with vertical stays every six inches and no less than 17 horizontal line wires. The bottom of the fence shall be at ground level. The wire shall be tightly stretched and firmly stapled with 1.5-inch staples at the rate of ten staples per post.

Stat. 496.012 & 506.109
Stats. Implemented: ORS 496 .012 & 506.109
Hist.: FWC 140-1991, f. & cert. ef. 12-26-91

635-420-0060

Wildlife Mitigation Plan

(1) The applicant shall prepare a wildlife mitigation plan as part of the consolidated application for a chemical process mine in OAR Chapter 637, Division 037. On the date the consolidated application is submitted to DOGAMI, the applicant shall provide one copy of the wildlife mitigation plan and all information incorporated into the plan by reference to each Department representative on the Project Coordinating Committee and the Technical Review Team.

(2) Mitigation measures shall employ reliable methods as defined in OAR 635-415-0015, and shall be based upon the best available, practicable and necessary technology to meet the standard of no overall net loss of habitat value. The standard of "no overall net loss" shall be met through compliance with OAR Chapter 635, Division 415.

(3) The Department, or a third party contractor hired by the Department, shall review the wildlife mitigation plan and shall notify DOGAMI and the applicant in writing of any amendments which are necessary for compliance with the requirements of this rule or OAR Chapter 635, Division 415.

(4) The wildlife mitigation plan shall include the information required in OAR 635-415-0020(5). Affected wildlife habitats shall be evaluated using methodologies approved by the Department which are well-documented, measurable and verifiable. Examples of such methodologies include, but are not limited to, the U.S. Fish and Wildlife Service Habitat Evaluation Procedure and, if applicable, the U.S. Fish and Wildlife Service In-Stream Flow Incremental Methodology. Examples of habitats that shall be addressed in the mitigation plan include, but are not limited to:

(a) Surface waterways, streams, springs, seeps, wetlands and other aquatic habitats;

(b) Riparian areas;

(c) Big game habitat;

(d) Bird habitat;

(e) Habitat for state or federally listed threatened or endangered species, and state sensitive species;

(f) Reproduction and nursery areas;

(g) Fish spawning areas;

(h) Geomorphic and edaphic habitats including cliffs, caves, sand dunes, play as and local distinctive soils that, along with their vegetation, contrast markedly with the surrounding area;

(i) Wildlife migration and movement corridors.

(5) The mitigation plan shall ensure that a self-sustaining ecosystem comparable to undamaged ecosystems in the study area is established upon completion of reclamation. The plan shall establish quantitative measures of ecosystem utility and stability, including but not limited to quantitative measures for evaluating habitat diversity, wildlife species diversity, and plant community composition, structure and utilization by wildlife.

(6) The wildlife mitigation plan may avoid duplication by incorporating information included in environmental assessments (EA) or environmental impact statements (EIS) prepared for the proposed chemical process mine, or information included in the consolidated permit application required by DOGAMI. The plan shall identify by source, section and page number the information being relied upon to meet each of the requirements of OAR 635-420-0040(5) and this division.

Stat. 496.012 & 506.109
Stats. Implemented: ORS 496 .012 & 506.109
Hist.: FWC 140-1991, f. & cert. ef. 12-26-91

635-420-0070

Wildlife Injury and Mortality Reporting

(1) The permittee is responsible for monitoring and maintaining the protection measures described in the wildlife protection plan on an ongoing and constant basis throughout the lifetime of the chemical process mine, including periods of temporary and seasonal closure.

(2) The permittee shall maintain a record of all wildlife injury and mortality that occurs in association with the chemical process mine. This record shall include a photographic record of injury and mortality using a standard protocol approved by the Department.

(3) The permittee shall submit a report of wildlife injury and mortality to the designated Department representative on the Project Coordinating Committee and the Technical Review Team on a quarterly basis starting from the date of issuance of the permit. The report shall be submitted on forms provided by the Department. If no injury or mortality occurs, the report must so state. The Department may require more frequent reporting pending correction of any condition or practice existing at a chemical process mine which is or can reasonably be expected to be harmful to wildlife, or any violation of any requirement of OAR 635-420-0000 through 635-420-0110, or any permit condition designed to protect wildlife.

(4) The permittee shall report the following wildlife injuries or mortalities by telephone to the designated Department representative on the Technical Review Team by the beginning of the next working day following their occurrence or observation:

(a) Injuries or mortalities which may be associated with exposure to chemical processing solutions or associated wastewater;

(b) Injuries or mortalities which may be associated with wildlife protective measures;

(c) Injuries or mortalities of state or federally listed threatened or endangered species or state sensitive species.

Stat. 496.012 & 506.109
Stats. Implemented: ORS 496 .012 & 506.109
Hist.: FWC 140-1991, f. & cert. ef. 12-26-91

635-420-0080

Inspection of Mining Operations

(1) Every permittee or the permittee's agent shall always keep open to inspection by the Department or its agent the permit area as well as any books, records, papers or memoranda which are pertinent to the administration of this division, 1991 Oregon Laws, Chapter 735, or OAR Chapter 632, Division 037.

(2) The Department may access and copy any record and inspect any monitoring equipment or method of operation required for compliance with permit conditions for the protection of wildlife.

(3) The permittee shall notify the Department 30 days prior to completion of construction of a chemical process mine. The Department shall inspect the construction site within ten days of completion of construction. The use of chemical processing solutions to dissolve metals from ore shall not commence until the Department notifies the permittee that the inspection is complete. Subsequent inspections shall be conducted at a frequency sufficient to ensure that the requirements of this division and any permit conditions designed to protect wildlife are being met. At a minimum, Department inspections shall be conducted on a semi-annual basis, beginning at the time of permit issuance.

(4) When the Department determines on the basis of an inspection that any condition or practice existing at a chemical process mine is or can reasonably be expected to be harmful to wildlife, or that any permittee is in violation of any requirement of this division or any permit condition designed to protect wildlife, the Department shall document this finding in the inspection report and immediately notify the permittee and DOGAMI.

(5) Copies of the inspection report shall be mailed in a timely fashion to:

(a) The permittee, or the permittee's designated agent or management personnel at the chemical process mine; and

(b) DOGAMI.

(6) Copies of any records, reports, inspection materials or information obtained during the Department inspection, except as otherwise provided by ORS 192.410 to 192.505 shall be made available to the public upon request.

Stat. 496.012 & 506.109
Stats. Implemented: ORS 496 .012 & 506.109
Hist.: FWC 140-1991, f. & cert. ef. 12-26-91

635-420-0090

Content of Inspection Report

(1) Department inspection reports shall be made on a form approved by the Department and shall indicate:

(a) The date and time of inspection;

(b) The name of the Department employee who conducted the inspection and include his or her signature;

(c) Access to and adequacy of the permittee's wildlife injury and mortality reports and facility monitoring and inspection reports;

(d) Whether or not the general wildlife protection standards have been adequately implemented;

(e) Whether or not the special wildlife protection conditions specific to the chemical process mine permit have been adequately implemented;

(f) Any violations noted by the Department;

(g) Modifications necessary to correct any identified violations.

(2) The Department shall record on the inspection report any condition or practice existing at a chemical process mine that is or can reasonably be expected to be harmful to wildlife. In making this determination, the Department shall:

(a) Identify the condition or practice which is or can reasonably be expected to be harmful to wildlife;

(b) Identify the portion of the chemical process mine within which the condition or practice occurs;

(c) Specify revisions or modifications of the permit conditions which are necessary to correct the condition or practice, including temporary or emergency measures to be taken in the interim.

(3) The Department shall request DOGAMI to convene the Project Coordinating Committee at the earliest possible date to review permit modifications proposed by the Department to correct a condition or practice which is or can reasonably be expected to be harmful to wildlife.

(4) The Department shall record on the inspection report any condition or practice existing at a chemical process mine that is in violation of any requirement of this division or any permit condition designed to protect wildlife. In making this determination, the Department shall:

(a) Identify the provisions of the permit which have been violated;

(b) Set forth with reasonable specificity the nature of the violation;

(c) Identify the steps necessary to abate the violation, in the most expeditious manner possible, including temporary or emergency measures to be taken in the interim;

(d) Identify the portion of the chemical process mine which is subject to the violation.

Stat. 496.012 & 506.109
Stats. Implemented: ORS 496 .012 & 506.109
Hist.: FWC 140-1991, f. & cert. ef. 12-26-91

635-420-0100

Liability and Penalties

(1) The permittee shall be held liable for any wildlife injury or mortality. The issuance of a chemical process mining permit does not relieve the permittee from liability for wildlife injury or mortality resulting from acts conducted pursuant to the conditions of the permit.

(2) Compensation for wildlife injury or mortality shall be determined and pursued as provided for in:

(a) ORS 517.750 through 517.955, 517.960 through 517.976, OAR 632-037-0125; and

(b) ORS 468.745, 496.705, 496.992, OAR 635-001-0025, or 635-410-0030 or other applicable statutes and rules.

Stat. 496.012 & 506.109
Stats. Implemented: ORS 496 .012 & 506.109
Hist.: FWC 140-1991, f. & cert. ef. 12-26-91

635-420-0110

Certification of Self-Sustaining Ecosystem

(1) At least 90 days prior to a request to DOGAMI for release of financial security pursuant to OAR 632-037-0110, the permittee shall submit a report to the Department evaluating the success of habitat restoration against the quantitative measures of ecosystem utility and stability established in the wildlife mitigation plan required pursuant to 635-420-0060.

(2) The evaluation of the success of habitat restoration shall be based on field surveys and monitoring efforts which utilize the approved methodologies used to collect baseline data. The report submitted by the permittee shall describe all field surveys and monitoring efforts which have been conducted. This description shall include, but is not limited to:

(a) A site plan showing the location of field surveys and monitoring efforts;

(b) A description of the methodologies used to conduct field surveys and monitoring efforts;

(c) A record of the dates and frequency of field surveys and monitoring efforts.

(3) The Department, or a third party contractor hired by the Department, shall conduct a site investigation to verify the report submitted by the permittee and to determine if a self-sustaining ecosystem comparable to undamaged ecosystems in the area has been created.

(4) The Department, or a third party contractor hired by the Department, shall notify the permittee and DOGAMI in writing of the results of the Department's site investigation and provide a recommendation on the permittee's request for release or reduction of financial security. The Department's recommendation shall:

(a) Describe the reasons for the Department's determination that a self-sustaining ecosystem has or has not been created; or

(b) If the Department is unable to determine whether a self-sustaining ecosystem has been created, describe the additional field studies or monitoring which are necessary to make this determination.

(5) The Department's recommendation shall be sent to DOGAMI and the permittee prior to the public hearing held by DOGAMI under OAR 632-037-0110 to determine whether to allow the release or reduction of financial security. Copies of the Department's recommendation will be available to the public upon request.

Stat. 496.012 & 506.109
Stats. Implemented: ORS 496 .012 & 506.109
Hist.: FWC 140-1991, f. & cert. ef. 12-26-91

635-420-0120

Compliance with Statewide Planning Goals and Compatibility with Acknowledged Comprehensive Plans

(1) This division represents a "new agency land use program" as defined in OAR 635-405-0005, and is subject to the requirements of the Department's State Agency Coordination Program and 635-405-0035.

(2) The Department shall rely on decisions made by the Department of Geology and Mineral Industries pursuant to their State Agency Coordination Program and OAR Chapter 632, divisions 001 and 037 to assure that chemical process mining operations reviewed under this division comply with the Statewide Planning Goals and are compatible with acknowledged comprehensive plans and land use regulations.

(3) The meaning of the land use terms in this rule shall be the same as defined in OAR 635-405-0005.

Stat. 496.012 & 506.109
Stats. Implemented: ORS 496 .012 & 506.109
Hist.: FWC 140-1991, f. & cert. ef. 12-26-91

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