Surface Mining Permitting Process
(last updated 04/01/2016)
NOTICE OF PROPOSED RULEMAKING
DOGAMI is proposing administrative rules to set fees and deadlines for the exclusion certificate program, which was established in 2015 by House Bill 3563. Small-scale aggregate and metal placer mining operations are required to apply for an exclusion certificate and pay an application fee, set by DOGAMI’s Governing Board, as well as an annual renewal fee. Read the proposed rule. Read FAQ on the exclusion certificate program.
Opportunities to comment on the proposed rules
The public comment period for the proposed rules is Friday, April 1 to Friday, April 29, 2016.
Public hearings will be held:
Tuesday, April 12
2 p.m. to 4 p.m.
Albany City Hall: Santiam Room
333 Broadalbin St
SW Albany, OR 97321
Tuesday, April 19
5 p.m. to 7 p.m.
Gieser Grand Hotel: Cellar Meeting Room
1996 Main St
Baker City, OR 97814
Written comments may also be submitted to DOGAMI at 229 Broadalbin St. SW, Albany, OR 97321, or by email to ecomments (at) mlrr.oregongeology.com. Comments received after 5 p.m. on April 29, 2016 will not be considered.
There are currently temporary rules in place for the exclusion certificate program and fees. The proposed rules would replace the temporary rules. Read the temporary rules for exclusion certificates and fees.
Exclusion Certificate Application form
BEFORE Applying for an Aggregate Mining Permit in Oregon
To avoid delays in the DOGAMI-MLRR permitting process, DOGAMI urges applicants to review this summary of issues regularly encountered at aggregate mining sites in Oregon.
An Operating Permit is required for material extraction activity that exceeds one acre of disturbance in any 12-month period and/or 5,000 cubic yards of excavation in any 12-month period. When total disturbance exceeds five acres, an Operating Permit is required unless the activity is exempt.
- Quantity restrictions – no more than 5,000 cy or 1 acre disturbed in a 12-month period, unless material is for on-site road maintenance.
- Reclamation is required.
- Annual Operating Permit renewal and reporting are required until mining and reclamation are complete.
- The renewal fee is calculated based on production, plus a base fee.
Operating Permit Application Requirements
- Completed Application
- Proof of Land Ownership
- Proof of Land Use Approval
- Reclamation Plan
- Site Plan Map
- Location Map
- Reclamation security (amount is site specific)
- Land Survey
- In connection with the land survey, the MAPRS: Map and Aerial Photography Research Service may be helpful.
- Example Map: Upland Permit Boundary
Additional information may be required for sites on floodplains, in hydrologically sensitive areas, or on steep slopes. NOTE: Before providing additional information or hiring a consultant, we suggest that you contact us to ensure that the data collection and submittal of the additional information will meet application requirements.
The application is reviewed for completeness and we will contact you to schedule a site visit. If the application is complete, it is reviewed for adequacy to determine if there are technical deficiencies. Technical deficiencies may be addressed as permit conditions.
Your application materials - along with our review report, reclamation security calculation, and draft permit conditions - will be sent to the other natural resource agencies for their review. They have 35 days to respond to us; comments received from the other agencies may be addressed as additional permit conditions.
After the 35-day comment period…
Reclamation security must be submitted before the permit can be issued. The purpose of the reclamation security is to insure that reclamation is completed. The amount you will be required to provide depends on the size of the operation and the operating plans. Reclamation security is typically a Performance Bond obtained through an insurance company or a Letter of Credit through a financial institution. If your security amount is less than $50,000, you may use an Assignment of Deposit.
The permit must be renewed every year
Operating permits must be renewed annually until mining and reclamation are complete. The permit renewal amount consists of a base fee plus a calculation of the number of tons mined (production) during the 12 months previous to your renewal due date. We will send you a permit renewal notice about 60 days before your renewal is due.
An Exploration Permit is required for operations that disturb more than one surface acre or involves drilling to greater than 50 feet.
- Reclamation is required.
- The permit is renewed annually until exploration activity and reclamation are complete.
Exploration Permit Application Requirements
Upon receipt of a complete exploration application, a permit will be issued, generally within 30 days.