Or. Admin. Code § 141-140-0060

Current through Register Vol. 63, No. 10, October 1, 2024

Section 141-140-0060 - Application Review Process

(1) Upon receipt of an application for a temporary use authorization or ocean renewable energy facility lease, the Department will determine if it is complete. Applications determined by the Department to be incomplete may be returned to the applicant with an explanation of the reason(s) for rejection.

(2) If a rejected application is resubmitted within 60 calendar days from the date that the Department returned it to the applicant (as indicated by the date of the postmark) with all deficiencies noted by the Department corrected, no additional application fee will be assessed.

(3) The Department may deny an application for a temporary use authorization or ocean renewable energy facility lease if the applicant is currently in default or non-compliance with any proprietary or regulatory authorization that has been issued by the Department; or if the applicant's financial status or past business or management practices indicate that the applicant may not:

(a) Fully meet the terms and conditions of the authorization or lease; or

(b) Use the authorized area applied for in a way that meets the provisions of these rules.

(4) Upon acceptance by the Department as complete, the application will be circulated to various local, state and federal agencies, other interested persons including, but not limited to federally recognized tribes, port districts, business and community organizations, ocean users, and the holders of Department-issued authorizations within or immediately adjacent to the requested area for review and comment. As part of this review, the Department will specifically request comments concerning:

(a) Conformance of the proposed use with:

(A) The provisions of these rules;

(B) Other local, state, and federal laws;

(C) The requirements of Statewide Planning Goal 19, the Oregon Ocean Resources Management Plan, and the Territorial Sea Plan; and

(b) Potential conflicts between the proposed use and existing uses that occur within the requested authorized area.

(5) The Department may post a notice of an application and opportunity to comment at local government building, public library, or other appropriate locations in order to ensure that minority and low-income communities are included and aware of a proposed action. The Department shall make paper copies of an application available to any person upon request.

(6) The Department shall reconvene the JART to evaluate the:

(a) Submitted application, and;

(b) Resource and Use Inventory and Effects Evaluation, and;

(c) Special Resource and Use Review Standards, and;

(d) Operation Plan, if required.

(7) The JART shall make recommendations to the Department on:

(a) If the information provided by the applicant for the proposed project meets the requirements of the Territorial Sea Plan, and;

(b) If the Department should approve the request for a temporary use authorization or ocean renewable energy facility lease, and;

(c) Any additional conditions or stipulations that the Department should consider upon issuance of a temporary use authorization or ocean renewable energy facility lease.

(8) Nothing in these rules prohibits or limits a JART member's ability to provide their individual comment on an application to the Department or the State Land Board through the public comment process. All comments received during the public comment period become part of the permanent record.

(9) After receipt of a JART recommendation, in addition to agency and public comment concerning the application, the Department will advise the applicant in writing:

(a) If changes in the requested area are necessary to respond to agency or public comment; and

(b) If additional information is required from the applicant.

(10) The Department shall not grant a temporary use authorization or an ocean renewable energy facility lease until it has received:

(a) All fees and compensation specified in these rules;

(b) Evidence of decommissioning financial assurance as required under OAR 141-140-0095; and

(c) Evidence of any required insurance and/or surety bond under OAR 141-140-0090.

(11) Should the Department, in consultation with the applicant, the JART and other interested parties, determine that it is necessary to conduct environmental or other studies necessary to assist in evaluating the project's compliance with the requirements of Statewide Planning Goal 19, the Oregon Ocean Resources Management Plan, and the Territorial Sea Plan, the applicant shall be directly responsible for retaining and paying for the consultants and completing the required research.

Or. Admin. Code § 141-140-0060

DSL 5-2007, f. 10-12-07, cert. ef. 12-1-07; DSL 5-2017, amend filed 12/28/2017, effective1/1/2018

Statutory/Other Authority: ORS 273, ORS 274, ORS 183 & ORS 274.870-879

Statutes/Other Implemented: ORS 274.870-879