(2) The department may modify an operating permit or reclamation plan without the consent of the operator if, because of changed conditions at the permitted site or because of information otherwise not available to the department at the time of permit issuance or reclamation plan establishment, the department finds, by substantial evidence, that a modification is justified due to the potential for:
(a) Substantial harm to off-site property;
(b) Harm to threatened or endangered species; or
(c) Channel changes or unstable pit walls.
(3) Modification of an operating permit or reclamation plan without the consent of the operator must be limited to the areas or matters affected by the changed conditions or new information.
(4) If the department modifies an operating permit or reclamation plan without the consent of the operator, the department must provide the operator with an opportunity for alternative dispute resolution in the manner provided in ORS 183.502. [2007 c.318 §4]