Oregon Administrative Rules
Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES
Division 37 - CONSOLIDATED PERMITTING OF MINING OPERATIONS
Section 632-037-0030 - Public Notice Procedure
Universal Citation: OR Admin Rules 632-037-0030
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Whenever public notice is required by ORS 517.952 to 517.989 or these rules, the Department shall:
(a) Mail a written notice
to all permitting and cooperating agencies and affected federal and local
agencies;
(b) Mail a written
notice to each owner of property located within one-half mile of the perimeter
of the proposed permit area of the mining operation. As used in this paragraph,
"owner" means the owner of the title to real property or the contract purchaser
of real property of record as shown on the last available complete tax
assessment roll;
(c) Mail a
written notice to persons on the master list;
(d) Mail a written notice to unpatented
mineral claimants for claims that are filed with the county and are located
within one-half mile of the perimeter of the proposed permit area of the mining
operation; and
(e) Cause to be
published a notice in at least one newspaper of general circulation in the
state and in at least one local newspaper of general circulation in the county
or counties in which the proposed mining permit area is located. A notice by
publication shall be given at least once each week for two weeks immediately
preceding an action by the Department or following an action by an applicant
that requires public notice under ORS
517.952 to
517.989 or these rules. In the
event that a local newspaper is not published on a weekly basis, the notice by
publication shall be given in a manner that is consistent with the publishing
schedule of a local newspaper.
(2) The notice provided pursuant to this section shall satisfy any notice requirement of an individual permitting or cooperating agency related to a permit included in the consolidated application process.
(3) A notice given pursuant to section (1) of this rule shall include:
(a) The name, address and telephone number of
the Department and all permitting and cooperating agencies, and, if applicable,
the local government responsible for land use approval, including a contact
person for each agency when known;
(b) The name and address of the applicant;
(c) The location of the proposed
mining operation;
(d) A
description of the action or proposed action;
(e) The location or locations where
interested persons may obtain further information and inspect and copy relevant
forms and documents;
(f) A
statement describing any opportunities and requirements for public comment and
the date, time and location of any public meeting or hearing; and
(g) Any other information required by ORS
517.952 to
517.989 or these rules.
(4)
(a) The Department shall establish a master
list for each proposed mining operation. To establish a master list, the
Department shall request from each permitting and cooperating agency a list of
the names and addresses of persons who have expressed interest in a proposed
mining operation;
(b) The
Department may charge the addressee on the master mailing list a fee of $5 to
defray the costs of maintaining the master list and mailing public notices to
persons on the master list. Any person may be added to the master list by
mailing or delivering a written request and, if required, the fee to the
Department.
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.959
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