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How will ORC comply with conditions set by planning department without water permit?

How will ORC comply with conditions set by planning department without water permit?
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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?

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About magix

Avatar of magix When my oldest son, a Marine, left for war and crossed the border from Kuwait into Iraq in March 2003 I started writing my conscience. After two tours that young combat veteran’s mother is now an ardent peace activist and advocate for social, environmental and economic justice. MGx has matured since those early vents and ramblings and now covers relevant and important local and regional matters in addition to national and global affairs.

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10 Responses to "How will ORC comply with conditions set by planning department without water permit?"

  1. Ron Black  March 2, 2011 at 8:52 PM

    It is the responsibility of the Oregon Water Resources Department to oversee and regulate all water use within the State. Whether the use is under an exemption, a limited license, or a water right. The water must be used within the terms, limits and conditions of the permit. Water use must also be beneficial and without waste.

    Reply
  2. Avatar of aghast!
    aghast!  March 2, 2011 at 9:07 PM

    Thanks, Ron, does that mean, though, if ORC let’s the dust fly, etc… that the water department will enforce the conditions?

    Reply
  3. Ron Black  March 2, 2011 at 9:40 PM

    Only the water use conditions. OWRD has no jurisdiction over dust abatement or water quality issues. Conditions would include such things as volume of water, place of use, type of use, source and point of diversion. People with these questions should contact the Department.

    Reply
  4. fred kirby  March 3, 2011 at 11:29 AM

    This is getting too complicated. Who needs the state/ Enforcement of license and permit provisions can easily be accomplished. We citizens of Coos County own a natural gas pipeline that will never be profitable – but was necessary to attract business that would be foolish to come here; we own a railroad to nowhere that will never be profitable; we own a port and airport that only knows the word spend; apparently we don’t like collecting taxes from business that will locate here because other communities don’t want them in their back yard. So, why not form a utility company, chaired by MG of MGX of course, where we all hold shares and we’ll name it

    South Coast Regional Electric and Water Enterprise District – or to make the shareholders feel good – to be be known as S C R E W E D – again. Then we, the screwed members of the community can spend more money and issue our own permits and we can enforce compliance with licenses and agreements.

    Reply
  5. themguys  March 3, 2011 at 1:31 PM

    How sad, my minds’ eye sees Clark standing center stage in yellow light,with big old tears running down his face, staining his tutu and his pom poms.

    Rah Rah Rah, Sis Boom Bawl.

    Give Clark an A+ for effort guys.

    The stenographer, cleverly disguised as an Editor.

    Reply
  6. Avatar of aghast!
    aghast!  March 3, 2011 at 1:39 PM

    sorry themguys, I am still trying to overcome the gag reflex from Clark’s latest editorial

    Reply
  7. Avatar of magix
    magix  March 3, 2011 at 1:51 PM

    That has got to be the all time worst editorial published, possibly anywhere in the known universe. How sad to desecrate a nice old ditty with that garbage-embarrassing to say the least

    Reply
  8. Ron Black  March 3, 2011 at 8:24 PM

    To Fred:

    Trust me on this one: If water is illegally used on site, enforcement will occur.

    Reply
  9. Ron Black  March 3, 2011 at 8:26 PM

    The editorial in todays World? Might as well change the name of that rag to the “ORC Newsletter.”

    Reply
  10. Avatar of magix
    magix  March 3, 2011 at 8:31 PM

    Yes, Ron, The World is a publicity organization, not a news organization. Also, I am relieved to know ORC will feel the weight of enforcement WHEN they skirt the laws and conditions. The same is not so true at the Building Codes division, however….

    Reply

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