2011 Oregon Revised Statutes
ORS Volume 12, Chapters 471 - 535
ORS Chapter 517
517.797 Memorandum of agreement with Department of State Lands regarding permitting.
(1) As used in this section, surface mining has the meaning given that term in ORS 517.750 and waters of this state has the meaning given that term in ORS 196.800.
(2) The Department of State Lands and the State Department of Geology and Mineral Industries may enter into a memorandum of agreement concerning surface mining as described in subsection (3) of this section.
(3) The memorandum described in subsection (2) of this section may assign sole responsibility for permitting to the State Department of Geology and Mineral Industries when the surface mining would otherwise be under the permitting jurisdiction of both the Department of State Lands and the State Department of Geology and Mineral Industries because:
(a) Part of the surface mining is located within the beds or banks of any waters of this state; and
(b) Part of the surface mining is located upland from the beds or banks of any waters of this state.
(4) Prior to any permitting pursuant to the provisions of subsection (3) of this section, the State Department of Geology and Mineral Industries shall consult with the Department of State Lands regarding any conditions necessary to protect the waters of this state. [2011 c.406 1]
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