72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
SA to HB 3013
 
LC 2203/HB 3013-4
 
                      SENATE AMENDMENTS TO
                         HOUSE BILL 3013
 
        By COMMITTEE ON AGRICULTURE AND NATURAL RESOURCES
 
                             June 20
 
  In line 2 of the printed bill, after the semicolon insert '
creating new provisions; and'.
  Delete lines 4 through 20 and insert:
  '  { +  SECTION 1. + } ORS 215.298 is amended to read:
  ' 215.298. (1) For purposes of ORS 215.213 (2) and 215.283 (2),
a land use permit is required for mining more than 1,000 cubic
yards of material or excavation preparatory to mining of a
surface area of more than one acre. A county may set standards
for a lower volume or smaller surface area than that set forth in
this subsection.
  ' (2) A permit for mining of aggregate shall be issued only for
a site included on an inventory in an acknowledged comprehensive
plan.
  ' (3) For purposes of ORS 215.213 (2) and 215.283 (2) and this
section, 'mining' includes all or any part of the process of
mining by the removal of overburden and the extraction of natural
mineral deposits thereby exposed by any method including open-pit
mining operations, auger mining operations, processing, surface
impacts of underground mining, production of surface mining
refuse and the construction of adjacent or off-site borrow pits
except those constructed for use as access roads. 'Mining' does
not include excavations of sand, gravel, clay, rock or other
similar materials conducted by a landowner or tenant on the
landowner or tenant's property for the primary purpose of
reconstruction or maintenance of access roads and excavation or
grading operations conducted in the process of farming or
cemetery operations, on-site road construction or other on-site
construction or nonsurface impacts of underground mines.
   { +  ' (4) For purposes of this section, 'inventory' means one
of two lists of aggregate resource sites:
  ' (a) A list of aggregate resource sites that are determined to
be significant under criteria established by rule of the Land
Conservation and Development Commission; or
  ' (b) A list of aggregate resource sites that are not
determined to be significant under paragraph (a) of this
subsection but on which mining is allowed. + }
  '  { +  SECTION 2. + } ORS 215.298, as amended by section 1 of
this 2003 Act, is amended to read:
  ' 215.298. (1) For purposes of ORS 215.213 (2) and 215.283 (2),
a land use permit is required for mining more than 1,000 cubic
yards of material or excavation preparatory to mining of a
surface area of more than one acre. A county may set standards
for a lower volume or smaller surface area than that set forth in
this subsection.
  ' (2) A permit for mining of aggregate shall be issued only for
a site included on an inventory in an acknowledged comprehensive
plan.
  ' (3) For purposes of ORS 215.213 (2) and 215.283 (2) and this
section, 'mining' includes all or any part of the process of
mining by the removal of overburden and the extraction of natural
mineral deposits thereby exposed by any method including open-pit
mining operations, auger mining operations, processing, surface
impacts of underground mining, production of surface mining
refuse and the construction of adjacent or off-site borrow pits
except those constructed for use as access roads. 'Mining' does
not include excavations of sand, gravel, clay, rock or other
similar materials conducted by a landowner or tenant on the
landowner or tenant's property for the primary purpose of
reconstruction or maintenance of access roads and excavation or
grading operations conducted in the process of farming or
cemetery operations, on-site road construction or other on-site
construction or nonsurface impacts of underground mines.
  '  { - (4) For purposes of this section, 'inventory' means one
of two lists of aggregate resource sites: - }
  '  { - (a) A list of aggregate resource sites that are
determined to be significant under criteria established by rule
of the Land Conservation and Development Commission; or - }
  '  { - (b) A list of aggregate resource sites that are not
determined to be significant under paragraph (a) of this
subsection but on which mining is allowed. - }
  '  { +  SECTION 3. + }  { + The amendments to ORS 215.298 by
section 2 of this 2003 Act become operative on July 1, 2005. + }
' .
                         ----------