Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 140 - RULES GOVERNING THE PLACEMENT OF OCEAN ENERGY CONVERSION DEVICES ON, IN OR OVER STATE-OWNED LAND WITHIN THE TERRITORIAL SEA › Section 141-140-0040 - Pre-Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Prospective applicants shall meet with Department staff to discuss the proposed
			 project and use before submitting a preliminary application to the Department.
			 This meeting may be in person or through other means acceptable to the
			 Department. The Department may invite other government entities and affected
			 stakeholders to take part in this meeting. Common invitees include city and
			 county representation, the Oregon Department of Fish and Wildlife, the
			 Department of Land Conservation and Development and the Oregon Parks and
			 Recreation Department.
(2) A person
			 wanting to attain a temporary use authorization or ocean renewable energy
			 facility lease must submit a preliminary application on a form provided by the
			 Department.
(3) A preliminary
			 application shall be accompanied by a non-refundable fee payable to the
			 Department in the amount of $1,000.
(4) A person applying to attain a temporary
			 use authorization to test at the NNMREC is exempt from the provisions of OAR
			 141-140-0040(2) through (3), and may submit an application for a temporary use
			 authorization upon completion of OAR 141-140-0040(1).
(5) Upon receipt of a preliminary 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 shall be returned to the applicant with an
			 explanation of the reason(s) for rejection.
(6) 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 preliminary application fee
			 will be assessed.
(7) If more than
			 one application for a proposed area is received by the Department for the same
			 or conflicting uses, the Department reserves the right to determine which
			 proposed use(s) best fulfills the policies specified in OAR 141-140-0030, and
			 accept and proceed with that application and deny the other(s).
(8) Upon acceptance by the Department of a
			 preliminary application as complete, the Department will convene the JART as
			 described in Part Five of the Territorial Sea Plan.
(9) The JART will review the preliminary
			 application, and comment on the adequacy of the preliminary application, areas
			 of concern, and areas where more information is needed.
(10) The Department and the JART will meet
			 with the applicant to discuss the preliminary application:
(a) The Department and the JART will provide
			 input to the applicant on how to complete the Resource and Use Inventory and
			 Effects Evaluation and the Special Resource and Use Review Standards as
			 described in Part Five of the Territorial Sea Plan.
(b) The Department and the JART will provide
			 input to the applicant on the development of the Operation Plan, if required,
			 as described in Part Five of the Territorial Sea Plan.