Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 55 - SUNKEN LOG SALVAGE RULES › Section 670-55-5 - Application Procedures

Current through 2024-29, July 17, 2024
1.
General
				Provisions
A. Applications for a sunken
				logs salvage authorization will be accepted by the Bureau only during the
				application period. The application period will generally be from the first
				working day on or after January 15 to the last working day in the month of May.
				The Bureau may make adjustments to these dates on a year-to-year
				basis.
B. Applications for a sunken
				log authorization shall be made using an application form provided by the
				Bureau. Each application shall be accompanied by a nonrefundable $100.00
				application fee. An application will not be considered complete and the
				application will not be acted upon unless all of the information required by
				the Bureau has been submitted.
C. A
				separate application is required for each lake or noncontiguous river segment
				in which the applicant is proposing to conduct a salvage.
D. Usually within seven (7) days of receiving
				the application, the Bureau will make a determination of whether the
				application is complete, or whether additional information is needed to
				consider the application. If the application is determined to be incomplete, or
				if at any time the Bureau finds that additional information is needed to
				supplement the application, the applicant will be notified of what additional
				information needs to be submitted in order for the Bureau to make a
				decision.
E. Upon a determination
				that the application is complete, the Bureau will notify what it determines to
				be parties likely to be interested in the application. Interested parties may
				include, but are not limited to, local officials, landowners adjacent to the
				proposed salvage or take-out site, and others who have notified the Bureau of
				their interest in a particular project. Notification of interested parties may
				be delayed for applications received during the special application period and
				at other times during which competing applications are being resolved in
				accordance with Section 5, Subsection 2 below.
F. The Bureau may also seek advice regarding
				potential impacts from State and Federal agencies including but not limited to
				other Bureaus within the Maine Department of Agriculture, Conservation and
				Forestry, the Maine Department of Inland Fisheries and Wildlife, the Maine
				Department of Marine Resources, and the U.S. Department of the Army, Corps of
				Engineers.
G. Upon notification of
				interested parties, there will be a 30-day period during which any party may
				provide comments pertaining to the application. The Bureau will specify the
				date by which comments are due. A request by an interested party for 15-day
				extension of this date may be granted by the Director for good cause. The
				review period also may be extended or reopened in cases in which the Director
				determines that additional information or studies are needed to address issues
				or concerns identified during the review process.
H. Ordinarily, within ten (10) days after the
				conclusion of the designated review period, the Bureau will approve, approve
				with conditions or deny the proposed log salvage.
I. The Bureau's written decision will include
				findings relevant to its decision. The sunken log salvage authorization will be
				in the form of a contract between the Bureau and the applicant. If the salvage
				is approved, two copies of the authorization will be sent to the applicant for
				signature. No salvage operations shall commence until the signed authorizations
				are received by the Bureau and the applicant has met all other applicable
				authorization conditions.
J.
				Materially incorrect information submitted in conjunction with an application
				for a sunken log authorization will constitute grounds for the Bureau's
				reconsideration or rescission of its decision and any authorization
				issued.