Having been directed to the latest rah, rah articles published by The World cheering the imminent commencement of strip mining and ‘fork lift operator’ jobs, I thought it worth reminding everyone that ORC has been denied a water use license by the Oregon Water Resources Department critical to complying with conditions of the land use permit.
Condition 7 – Mud and dust shall be controlled PIJrsuant to the requirements of the County Roadmaster and in accordance with all required air quality permits and applicable regulations. Applicant shall obtain a road access permit from the County Highway Department and comply with all of the conditions and restrictions on said permit, including any point of access, whether existing or not.
Employees and contractors shall be trained on procedures to reduce, suppress and eliminate emissions and fugitive dust including but not limited to:
All bulk loaded trucks leaving the site shall be covered. Trucks shall not be overloaded to prevent spills on or from the trucks.
Roads shall be properly maintained by applicant to avoid dust problems by surface grading and shaping for cross-sectional crowing to prevent excessive road surface wearing and consequent dust generation.
Water and/or reagents shall be used for dust suppression on all roads and excavations.
Wet suppression systems may be used on stockpiles to eliminate the potential for fugitive dust.
Additionally, ORC must ‘comply with all fire restrictions and requirements of state and federal law within the Forest Protection District’ and must ‘provide water supply such as a pond or water tank greater than 500 gallons…”
Condition 10 – No surface or ground water appropriations requiring certificates, permits, or other state, federal, or local approvals are authorized by this permit. However, the Applicant is not precluded from obtaining and exercising water rights obtained through the State of Oregon.
We have already seen how ORC skirts the Oregon building codes so are we to assume that ORC intends to mine, absent a State issued water license, and and not violate conditions of the land use permit? If and more likely when ORC does violate the permit conditions, who will enforce the agreement?