141-010-0260 Permit Conditions (1) In issuing a permit, the director shall include conditions proper to safeguard the interests of the state. (2) Each permit shall include, but not be limited to, the following minimum conditions: (a) The permittee shall provide and maintain until the termination of the permit a faithful performance bond or cash deposit in the amount of $25,000. The state reserves the right to approve the surety company. Approval shall not be unreasonably withheld. The bond shall be in favor of the State of Oregon acting by and through the Department of State Lands. The bond shall guarantee the faithful performance by the permittee of the permit and all applicable statutes and rules promulgated thereunder. The bond shall require the surety to give at least 90 days’ written notice of its intention to cease acting as guarantor. If a surety gives notice of its intention to cease acting as guarantor, the permittee shall provide to the state within 60 days of such notice a replacement bond or cash deposit of equal value to become effective upon the expiration of the existing bond; (b) The permittee shall furnish a certificate of insurance or self-insurance showing that, at all times throughout the life of the permit, the permittee and all of its subcontractors and agents are insured for personal injury and property damage to third persons resulting from operations under the permit. The insurance shall include coverage for damage caused by pollution or contamination whether occurring suddenly and accidentally or over a period of time. The insurance shall be for an amount not less than $1,000,000 for each occurrence. The insurance company or self-insurance program shall be subject to approval by the State. Approval shall not be unreasonably withheld. The required coverages shall include the State of Oregon as an additional insured. The certificate of insurance or self-insured plan shall contain a 30 day notice of cancellation or material change; (c) Before commencing a survey, the permittee shall provide notice as required in OAR 141-010-0250; (d) Before commencing a survey, the permittee shall visually observe the area around the vessel and shall begin survey activities only when no whales are observed within two miles. For surveys occurring between April 15 and July 31 in the following locations, permittee shall also observe for Steller sea lions, and shall not begin the survey if Steller sea lions are observed within two miles: (A) Orford Reef (42°46'30" North Latitude to 42°47'40" North Latitude; 124°35'30" West Longitude to 124°36'40" West Longitude); (B) Rogue Reef (42°26'40" North Latitude to 42°28'00" North Latitude; 124°28'00" West Longitude to 124°30'30" West Longitude); (C) Upon evidence satisfactory to the Oregon Department of Fish and Wildlife that there are no adverse impacts to Steller sea lions as a result of geological or geophysical surveys, the director may delete this permit condition. (e) Before commencing a survey, the permittee shall attempt to communicate to all vessels in the path and vicinity of the survey vessel: (A) The name of the survey vessel; (B) The radio call signals and monitoring channel; (C) The time of commencement of surveying in the area; (D) The name of the contact person on board the survey vessel. (f) Surveys shall be conducted in compliance with all terms and conditions of the permit, and all federal, state, and local laws and administrative rules which are applicable to such operations; (g) Surveys shall be conducted so that activities do not: (A) Endanger or unreasonably interfere with operations under any lease issued by the Department; (B) Cause substantial harm or damage to aquatic life; (C) Create hazardous or unsafe conditions; (D) Endanger or unreasonably interfere with other uses in the area; or (E) Destroy or damage historical or cultural resources identified in the permit. (h) The permittee shall immediately cease operations which create a threat of serious harm or damage to life (including fish and other aquatic life), property, mineral deposits, or marine, coastal, or human environments; (i) The permittee shall submit reports on permit operations in accordance with OAR 141-010-0270; (j) The permittee shall indemnify and hold harmless the State of Oregon, its officers, agents, employees, and members from all claims, suits, or actions, of whatsoever nature, resulting from or arising out of activities of the permittee, or its subcontractors, agents, or employees, under this permit; (k) Upon receipt of site specific information under the notice provisions of OAR 141-010-0250, the director may amend any condition of the permit or impose additional conditions to mitigate site specific adverse impacts or use conflicts, if any. If the director determines there are adverse impacts or use conflicts which cannot be satisfactorily mitigated by permit conditions, the director may deny permission to survey in a particular location. The director shall provide written notice of amended and additional permit conditions, or denial of permission to survey within ten days after receipt of the site specific information. The notice shall contain specific reasons for the director’s action. Within ten days of such notice, permittee may request a contested case hearing as provided in ORS 183.413–183.497; (l) A permit is nonexclusive and does not give a preference right to any oil, gas and sulphur or other mineral lease, nor does it grant the permittee the right to conduct drilling or development activities for oil, gas, sulphur or any minerals. Statutory/Other Authority: ORS 274 Statutes/Other Implemented: ORS 274.735 History: LB 7-1986, f. & ef. 7-18-86