Or. Admin. R. 141-071-0530 - Application and Supplement Consideration

(1) Upon receipt of a lease application, the Division shall cause notice of the application to be sent to affected state agencies, including the agency having jurisdiction over the surface rights, the Department of Environmental Quality, Department of Geology and Mineral Industries, State Fish and Wildlife Commission, Land Conservation and Development Commission, Department of Energy, State Historic Preservation Office, and such other agencies or persons as the Division deems appropriate.
(2) Upon receipt of the environmental impact report, the Division shall send copies to the same affected state agencies.
(3) Each agency shall be requested to respond within 60 days of its receipt of the environmental impact report making a recommendation as to whether the lease should be granted to the applicant. Agencies may also recommend conditions to be contained in the lease to satisfy requirements within their respective statutory jurisdictions.

Applicants will be advised of conditions recommended by state agencies and, where advisable, a conference between agencies and applicants will be held.

(4) The Division shall make such investigations as it considers necessary and shall notify the public of its opportunity to request a hearing or hearings upon the granting of the application, together with the timetable and procedures to be followed. The Division will provide written notice to any person or organization which has requested in writing of the Division that such notices be provided to it directly.
(5) If the Division approves the application, and the state agency controlling the surface rights concurs, the application will be placed before the State Land Board for its final approval, when required by OAR 141-071-0410. Upon approval by the State Land Board, if required, the Division shall promptly forward to the applicant a mining lease incorporating all conditions which are deemed necessary by the Director, taking into consideration the recommendations of other affected agencies, the protection of natural resources, public health, and safety.
(6) The Division or Board may refuse to grant a lease for state-owned minerals because of considerations of environmental quality, inadequate cost-benefit ratio, or other public interest.

Notes

Or. Admin. R. 141-071-0530
LB 44, f. & ef. 8-16-77

Stat. Auth.: ORS 273

Stats. Implemented: ORS 273 .780 - ORS 273 .790

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