Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 37 - CONSOLIDATED PERMITTING OF MINING OPERATIONS › Section 632-037-0080 - Notice to Proceed

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Within ten days after receiving a consolidated application, the Department
			 shall provide a copy of the application to each affected local government,
			 permitting agency, cooperating agency and federal agency. For the purposes of
			 this section, "affected local government" shall mean those local city and
			 county governments, school districts, people's utility districts, irrigation
			 districts, and road districts, that are within the study area of the proposed
			 mining operation. The Department shall also provide public notice of the
			 receipt of a consolidated application. In addition, upon written request, a
			 copy of the consolidated application shall be made available to any government
			 that believes it will be impacted by the proposed mining operation.
(2) Within 90 days of receipt of a
			 consolidated application, the Department, in conjunction with all permitting
			 and cooperating agencies, shall determine whether the application is complete.
			 A completeness determination shall include the verification of baseline data as
			 accurate.
(3) Before determining
			 whether or not the application is complete and after all members of the
			 technical review team concur that the permitting and cooperating agencies are
			 ready to begin preparing draft permits, the Department shall conduct a public
			 hearing and accept written comments on whether the information contained in the
			 consolidated application is complete and sufficient to allow the permitting
			 agencies to determine whether to issue or deny a permit. The Department shall
			 determine and provide public notice of the date and location of the hearing and
			 the period allowed for written comment. Any person who believes an application
			 is incomplete due to a lack of quantity or quality shall clearly identify the
			 incomplete sections of the application and the reasons such sections are
			 incomplete.
(4) If the permitting
			 and cooperating agencies determine that the application is complete, the
			 Department shall issue a Notice to Proceed with the permitting process and the
			 preparation of draft permits. If the applicant is not required to submit
			 additional information as suggested in oral or written comments that clearly
			 identify the incomplete sections of the application and the reasons such
			 sections are incomplete, the agencies shall prepare a written response
			 explaining why the additional information is not being requested from the
			 applicant.
(5) If the permitting
			 and cooperating agencies determine that additional information is necessary,
			 the Department shall notify the applicant in writing of the additional
			 information that is required. Upon receipt of the additional information, the
			 Department shall provide public notice and accept written comments for a period
			 of 14 calendar days.
(6) After the
			 issuance of a notice to proceed, if new information becomes available or is
			 required by a permitting agency or cooperating agency to determine whether to
			 issue or deny a permit or issue a permit with conditions, and the agencies
			 determine that additional information is significant to the issuance or denial
			 of a permit, the Department shall conduct an additional public hearing to
			 determine whether the new information is complete within 14 days of receipt of
			 the information. The permitting and cooperating agencies may continue to review
			 an application while in the process of requesting additional
			 information.
Stat. Auth.: ORS
				  517.750 - 517.995
Stats. Implemented: ORS
				  517.977