2021 Oregon Revised Statutes
Volume : 13 - Housing, Games, Environment
Chapter 468B - Water Quality
Section 468B.116 - Permit application; permit conditions.
(1) An application for a permit under ORS 468B.050 to engage in motorized in-stream placer mining must include:
(a) The name and address of the operator;
(b) Information on how the proposed motorized in-stream placer mining location will be accessed by the operator;
(c) A written affirmation furnished by the operator stating that the operator has reviewed information that is available as part of an application process and that is related to cultural resource preservation and best management practices for motorized in-stream placer mining;
(d) The geographic coordinates for the proposed motorized in-stream placer mining operation; and
(e) Any other information required to be included in the application.
(2) In addition to any other condition imposed by the permit, motorized in-stream placer mining pursuant to a permit issued under ORS 468B.050 may not:
(a) Involve the operation of motorized equipment between the hours of the earlier of 8 p.m. or sunset and 8 a.m. within 1,000 feet of a residence or a campground;
(b) Involve the operation of a motorized suction dredge having a suction hose with an inside diameter exceeding four inches; or
(c) To the extent feasible and as may be further specified in the permit, involve the operation of motorized equipment in a manner deleterious to freshwater mollusks, essential indigenous anadromous salmonid habitat or habitat essential to the recovery and conservation of Pacific lamprey.
(3) The condition under subsection (2)(a) of this section may be waived in a permit or permit coverage issued to the owner of a federal mining claim, but only to the extent that the permit or permit coverage applicant demonstrates that the exercise of the prohibition will violate federal law or constitute a regulatory taking requiring compensation under the United States Constitution or the Oregon Constitution. An applicant seeking a waiver must provide substantial evidence specific to the mining claim in question that establishes the potential violation or regulatory taking. The Department of Environmental Quality shall review and make a determination regarding the request for a waiver as part of the permit or permit coverage decision. [2017 c.300 §5]
