Or. Admin. Code § 632-037-0080 - Notice to Proceed
(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.
Notes
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.977
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