Or. Admin. Code § 632-037-0130

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

Section 632-037-0130 - Reclamation and Mine Closure Standards

The Department shall require a mining operation to comply with reclamation and mine closure standards utilizing the best available, practicable and necessary technology to ensure compliance with environmental standards. The reclamation and mine closure standards shall include but not be limited to the following:

(1) Surface reclamation shall ensure environmental protection and the protection of human health and safety, as well as livestock, fish and wildlife.

(2) Surface reclamation of a mining operation shall require certification by the Department of Fish and Wildlife and the Department of Agriculture that a self-sustaining ecosystem, comparable to undamaged ecosystems in the area, has been established in satisfaction of the permittee's habitat restoration obligations.

(3) Post-closure monitoring shall be required by the Department to ensure compliance with decommissioning performance standards.

(4) Revegetation shall be considered successful if it is consistent with the establishment of a self-sustaining ecosystem, comparable to undamaged ecosystems in the area of the mine. Vegetation test plots and chemical/physical soil and subsoil analysis may be required to ensure establishment feasibility.

(5) Native species shall be established unless the use of non-native species is justified and approved by the technical review team.

(6) Seed mixes, fertilizer rates and other requirements will be derived from departmental experience and advice from sources such as the Oregon Department of Agriculture, U.S. Soil Conservation Service, Oregon State University Extension Service, the Oregon Department of Transportation, the Bureau of Land Management, the Forest Service, local soil conservation districts and private sector experts.

(7) All final slopes shall be stable, blend into adjacent terrain and be compatible with the establishment of a self-sustaining ecosystem, comparable to undamaged ecosystems in the area of the mine.

(8) Reclaimed highwalls shall not have slopes exceeding 1-1/2 horizontal to 1 vertical (1-1/2:1). The Department may grant exceptions for steeper slopes when the applicant can document that the slopes will be stable and if the steeper slopes:

(a) Blend into the adjacent terrain features;

(b) Existed prior to mining; or

(c) Are consistent with the establishment of a self-sustaining ecosystem, comparable to undamaged ecosystems in the area of the mine.

(9) Fill slopes shall be 2:1 or flatter unless steeper slopes are approved by the Department. Technical data supporting steeper slope stability may be required by the Department.

(10) In-water slopes to six feet below water level for permanent water impoundments when necessary shall be 3:1. Reasonable alternatives may be approved by the Department when they are consistent with the reclamation plan. For example, safety benches no more than two feet below water level and five-feet wide may be substituted for the slope requirement where the Department determines that sloping is not practical.

(11) Permanent structures may remain if they are part of the approved reclamation plan.

(12) Any standards adopted by rule by a permitting or cooperating agency related to reclamation or closure of a mining operation.

(13) Backfilling or partial backfilling of pits shall be required if the Department determines that:

(a) Backfilling is necessary to achieve the reclamation objectives set forth in ORS 517.952 to 517.989;

(b) Reclamation objectives, including but not limited to compliance with environmental standards, cannot be achieved through mitigation or other reclamation technologies; and

(c) Backfilling is the best available, practicable and necessary technology to ensure compliance with environmental standards.

Or. Admin. Code § 632-037-0130

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 517.956, 517.971 & 517.987