(1) The following excavation, processing or grading activities are exempt from these rules and do not require the payment of fees, posting of bonds or submittal of reclamation plans:
- (a) Beds and Banks. Excavations of materials from the beds and banks of any waters of this state are exempt from these rules when conducted pursuant to a permit issued under ORS 196.800 to 196.900;
- (b) Operations producing less than 5,000 cubic yards of material per year and disturbing less than one acre of land are exempt from these rules but may require a permit from DEQ and other government agencies;
- (c) Exploration. Mineral exploration activities subject to ORS 517.702 to 517.740:
- (2) Applications for a total exemption certificate if desired shall be made to the Department using the established form. The Department may require the applicant claiming this exemption to provide data to establish the validity of the exemption. The data required may include but are not limited to, the name of the operator, location of the surface mine, size of the site, date of commencement of the surface mining, a summary of the preceding 12 months of surface mining, and an estimate of the activity for the succeeding 12 months.
Statutory/Other Authority
ORS 517
Statutes/Other Implemented
ORS 517.750
History
DGMI 1-2014, f. & cert. ef. 4-2-14
GMI 2-1988, f. 5-12-88, cert. ef. 5-2-88
GMI 2-1986, f. 9-19-86, ef. 9-22-86
GMI 2-1985, f. 11-19-85, ef. 11-20-85
GMI 3-1984, f. & ef. 12-12-84
GMI 2-1982, f. & ef. 8-13-82