(1) Except as provided in (5) of this rule, the department shall provide public notice of the department's tentative determination.   The department shall mail the notice to any person on request. In addition, the department shall publish a legal notice once weekly for 2 consecutive weeks in a newspaper of general circulation that is circulated in the county in which the activity is proposed. The department may include additional notice which may involve:

(a) posting in the post office and public places of the municipality nearest the premises of the proposed activity;

(b) posting near the entrance to the applicant's premises and in nearby places; or

(c) any other notice that the department considers reasonable to encourage public participation in the decision.

(2) Notice under (1) of this rule shall contain the information required under ARM 17.30.106(3) .

(3) If there is significant public interest in a proposed action under this rule, the department shall set a public hearing, which must be scheduled not less than 30 days after the hearing has been given public notice pursuant to (1) of this rule.

(4) The deadline for written comment is 30 days from the date of issuance of the public notice or, if a public hearing is conducted pursuant to (3) of this rule, 14 days after the date of the hearing.

(5) A project applicant who has filed an application for a permit with the United States army corps of engineers under 33 USC section 1344, as amended, to place dredged or fill material in navigable waters meets the requirements of this section if the application is given public notice by the United States army corps of engineers and the public notice contains a statement referencing the department's certification responsibility under section 401 of the federal Clean Water Act, 33 USC section 1341, as amended.

(6) The department shall make its final decision within 30 days after the close of the comment period, as determined pursuant to (4) of this rule or, if the project requires public notice under 33 USC section 1344, as amended, within 30 days after the close of the comment period set by the United States army corps of engineers.