Or. Admin. Code § 690-051-0070

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

Section 690-051-0070 - Applications for Preliminary Permits: Contents and Scope of Evaluation

All applications for Preliminary Permits shall include information described in this rule. The applicant shall supply the information in sufficient detail to evaluate the potential for cumulative impacts with other proposed, approved and existing projects in the river basin. Information shall also be sufficient to identify interests, issues and areas of concern that require detailed assessment in the application for a License for hydroelectric development. An application shall be deemed incomplete and shall not be accepted for filing if it lacks any of the following required information.

(1) The name and address of the applicant including every person, association of persons, domestic corporation or municipality that has any proprietary right or interest in the project. If the applicant is a municipality, the applicant must submit copies of applicable state or local laws or a municipal charter or any such other appropriate legal authority, evidencing that the municipality is authorized under such laws to engage in the business of development, transmitting, or distributing power.

(2) A description of the location of the project, giving the county or counties within which located and stream or streams from which water is to be appropriated.

(3) The quantity of water to be appropriated.

(4) If a reservoir is to be used in connection with the project, the application shall state the quantity of water to be stored, the maximum surface area in acres, the name of the stream(s) on which the reservoir is to be located or the name of the stream(s) or aquifer from which the stored water is to be collected or both.

(5) The head to be utilized and the number of THP to be developed. The number of THP shall be determined by multiplying the quantity of water to be diverted in cubic feet per second by the vertical head in feet and dividing the product by 8.8.

(6) The approximate location of the point(s) of diversion and the quantity of water to be taken at each point.

(7) The approximate length of the proposed canal, pipeline or other conduit, the approximate location of the proposed power plant and the point where water will be returned to some natural stream.

(8) The approximate height of diversion or storage dams and the material from which they will be constructed.

(9) A legible map to be prepared on U.S. Geological Survey topographic quadrangle sheets showing the general location of the project including all dams, reservoirs, canals, pipelines, forebays, power plants, and streams, and the location of such data shall be given with respect to township and section lines. If on unsurveyed land, the location shall be with respect to projections of township and section lines.

(10) A statement describing the proposed use or market for the power to be developed.

(11) The name and mailing address of all property owners:

(a) Within 300 feet of the project boundary if the project is within an urban growth boundary; or

(b) Within 1,000 feet if the project is outside of an urban growth boundary giving also the amount of land under the adjacent property owners ownership in acres or hectares.

(12) The length of time for which a Preliminary Permit is desired. A Preliminary Permit may be issued for a period not exceeding two years. This period may be extended by order of the Director. An extension may not exceed one year.

(13) An an exhibit, the application must contain a description of the proposed project, specifying and including, to the extent possible:

(a) The number, physical composition, dimensions, general configuration and, where applicable, age and condition, of any dams, spillways, penstocks, powerhouses, tailraces, or other structures, whether existing or proposed, that would be part of the project;

(b) The total estimated average annual energy production and installed capacity (provide only one energy and capacity value), the estimated number, rated capacity, and, where applicable, the age and condition, of any turbines and generator, whether existing or proposed, that would be part of the project works.

NOTE: The energy production figures submitted with the Preliminary Permit are recognized as estimates. The actual values will be established in the draft License application.

(c) Any other information demonstrating how the proposed project would develop, conserve, and utilize in the public interest the water resources of the state.

Or. Admin. Code § 690-051-0070

WRD 14-1986, f. & ef. 10-13-86; WRD 12-1990, f. & cert. ef. 8-8-90; WRD 2-1993, f. & cert. ef. 5-19-93

Stat. Auth.: ORS 197, ORS 536.025, ORS 536.027, ORS 537 & ORS 543

Stats. Implemented: