13-188-2 Me. Code R. § 08

Current through 2024-46, November 13, 2024

Section 188-2-08 - Application Procedures for Standard Leases

1. Draft application submission. An applicant must file a draft lease application, and must make a reasonable effort to provide all required information as outlined in Chapter 2.10. The nonrefundable draft application fee is $500.

A. If additional information is required, the Department will respond requesting further information within 30 days of receipt of the draft lease application.

B. If a draft application is not submitted within 4 months following the pre-application meeting, the applicant must complete the pre-application meeting requirement as outlined in Chapter 2.07 again prior to filing a draft application. The Commissioner may provide an exemption from this requirement for no more than 9 months following of the pre-application meeting for good cause shown.

2. Scoping session. Within 4 months of submission of the draft application, the applicant shall hold a scoping session in the municipality in which the proposed standard lease is predominantly located. The applicant is required to attend the scoping session. The purpose of a scoping session shall be to:

A. Familiarize the general public with the proposal;

B. Allow the public an opportunity to provide the applicant with additional local information to inform development of the application; and

C. To allow the public an opportunity to ask questions of the applicant.

3. Notice. The Department shall provide written notice of the scoping session to riparian landowners within 1,000 feet of the proposed lease and to the municipality in which the proposed lease would be located. The applicant shall publish a notice in a newspaper of general circulation in the area of the proposed lease at least ten days prior to the scoping session.

4. Location of Pending Application. During the 6 months following the scoping session, or until a completed application is received by the Department from the applicant for the location noticed in the scoping session, whichever is earlier, the Department cannot accept an application for a lease in the same location as a proposed lease discussed at the scoping session.

5. Final Application. An applicant must submit a final lease application to the Department and must make a reasonable effort to provide all required information as outlined in Chapter 2.10. The final application fee is due at the time of submission.

A. The non-refundable application fees for discharge and no discharge leases are:

i. Discharge Leases: $1,500

ii. Non-Discharge Leases: $1,000

B. If the location of the proposed lease identified in the final lease application materially differs from the location described in the notices for the scoping session the application may, at the Department's discretion, be required to hold another scoping session addressing the revised location before the application is accepted.

6. Completeness Determination. Within 30 days of receipt of a written final application, the Commissioner or his designee shall determine whether the application contains sufficient information in which a decision regarding the granting of the application may be made, and notify the applicant of his determination.

A. If the application is incomplete, it shall be returned to the applicant with a written explanation of the additional information required.

B. An application shall not be complete unless the non-refundable final application fee has been paid.

C. If an applicant has not submitted a complete application within 90 days of the date of the Department's notice under Chapter 2.08(6)(A) the application shall be void.

D. Termination without hearing. If the Commissioner or his designee determines before a hearing has been scheduled that either that the application could not be granted on its face or the applicant lacks the necessary financial or technical capacity the applicant shall be notified in writing of that determination and no further Department action on the application is required. If a hearing has been scheduled and the Department's site review or other information reveals that one or more of the criteria for a lease approval are unlikely to be met the Department, in its discretion, may ask the applicant to withdraw the application or waive the hearing and, in the case of a hearing waiver, the Department will issue a written decision denying the application.

13-188 C.M.R. ch. 2, § 08