Section 110. Public Hearing

01. Call for a Hearing. A public hearing called by the director following receipt of a complet e application submitted in accordance with Sections 069, 070, or 071 of these rules is conducted in accordance wit h Section 47-1507(d), Idaho Code. The director may call for a hearing following his preliminary review of a n application for a new operation or an amendment application for an existing operation when one (1) or more of th e following circumstances arises: (3-18-22) a. Public Concern. The public, potentially affected landowners, any governmental entity, or any othe r interested parties who may be affected by the operations proposed under the chapter have registered, in writing, a concern with the director regarding the proposed operations or cyanidation facility. The purpose of the public hearin g is to gather written and oral comments as to whether the proposed reclamation plan or permanent closure plan meet s the requirements of the chapter and these rules. (3-18-22) b. Agency Concern. The director determines, after consultation with the Department of Wate r Resources, DEQ, the Department of Fish and Game, and affected Indian tribes that the proposed mining o r cyanidation facility operations could reasonably be expected to significantly degrade adjacent surface and/or ground waters or otherwise threaten public health, safety or welfare. The purpose of a public hearing held under thi s subsection will be to receive written and oral comments on the measures the operator is proposing to use to protec t surface and/or ground water quality from nonpoint source pollution. (3-18-22) 02. Consolidation. If the director determines that a hearing should be held, he shall order that suc h proceedings be consolidated. The applicant and the public must be advised of the specific subjects to be discussed a t the hearing at least twenty (20) days prior to the hearing

operator is proposing to use to protec t surface and/or ground water quality from nonpoint source pollution. (3-18-22) 02. Consolidation. If the director determines that a hearing should be held, he shall order that suc h proceedings be consolidated. The applicant and the public must be advised of the specific subjects to be discussed a t the hearing at least twenty (20) days prior to the hearing. The Department will coordinate with the DEQ, a s appropriate, for any hearings relating to permanent closure of a cyanidation facility to streamline applicatio n processing. (3-18-22) 03. Location. A hearing will be held in the locality of the proposed mine or a proposed cyanidatio n facility at a reasonably convenient time and place for public participation. The director may call for more than on e hearing when conditions warrant. (3-18-22) 04. Notice of Hearing. The director shall provide at least twenty (20) days’ advance notice of the date , time, and place of the hearing to: federal, state, and local governmental agencies, Indian tribes who may have a n interest in the decision as shown on the application, and the public; to all persons who petitioned for a hearing; and t o any person identified by the applicant under Subsection 070.02 as a legal owner of the land that will likely be affecte d by the proposed operations. Notice to the applicant must be sent by certified mail and postmarked not less tha n twenty (20) days before the scheduled public hearing date. (3-18-22) 05. Publication of Notice. The director shall provide at least twenty (20) days advance notice to the general public of the date, time, and place of the hearing. A newspaper advertisement will be placed once a week, for two (2) consecutive weeks, in the locale of the area covered by the application. (3-18-22) a. In the event a hearing is ordered under Section 110, the notice shall describe: (3-18-22) i

ublication of Notice. The director shall provide at least twenty (20) days advance notice to the general public of the date, time, and place of the hearing. A newspaper advertisement will be placed once a week, for two (2) consecutive weeks, in the locale of the area covered by the application. (3-18-22) a. In the event a hearing is ordered under Section 110, the notice shall describe: (3-18-22) i. The potentially significant surface water quality impacts from the proposed mining operation an d the operator’s description of the measures that will be used to prevent degradation of adjacent surface and ground waters from sources of pollution; or (3-18-22) ii. The objectives of a permanent closure plan that have been submitted for review. (3-18-22) b. A copy of the application will be placed for review in a public place in the local area of th e proposed mining operation or cyanidation facility, in the closest Department area office, and the Department’ s administrative office in Boise. (3-18-22) 06. Hearing Officer. The hearing will be conducted by the director or his designated representative . Both oral and written testimony will be accepted. Proceedings of the hearing will be recorded on audio tape and a verbatim transcript will be prepared. (3-18-22) 07. Consideration of Hearing Record. The Department will consider the hearing record whe n reviewing reclamation plans or permanent closure plans for final approval or rejection. (3-18-22)