Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 10 - GENERAL › Section 141-010-0260 - Permit Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(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.