Or. Admin. R. 141-083-0840 - Pre-Application and Application Review Process
(1) Prior to submitting an application to the
Division, the person wanting to place a cable on state-owned submerged and
submersible land within the Territorial Sea shall meet with Division staff to
discuss the proposed project, alternative routes, factors affecting cable
installation, and desired schedule. The person is also encouraged to meet with
affected ocean users and industries prior to meeting with the Division to
discuss possible use conflicts and other issues attendant with the proposed
cable route(s).
(2) Upon receipt of
an application, the Division will determine if it is complete. Applications
which are determined by the Division to be incomplete shall be returned to the
applicant with an explanation of the reason(s) for rejection.
(3) If a rejected application is resubmitted
within one hundred and twenty (120) calendar days from the date the Division
returned it to the applicant, no additional application fee will be
assessed.
(4) Applications
determined by the Division to be complete will be circulated to various local,
state, and federal agencies and other interested persons for review and
comment. The Division will circulate the application according to the
requirements of its State Agency Coordination Program.
(5) To obtain public comment and identify
possible issues concerning the proposed cable, the Division may hold public
information meetings in the vicinity of each cable landing prior to, or after
receipt of an application. The person proposing the cable or easement applicant
shall attend any public meetings scheduled by the Division and be prepared to
discuss the project.
(6) An
easement applicant may amend their application at any time in order to address
issues, concerns, or information shortfalls identified by the Division or other
commentors.
(7) After receipt of
agency and public comment concerning the proposed project resulting from the
State Agency Coordination application circulation, the Division shall determine
whether additional information is needed and/or modifications required to the
proposed project. The easement applicant shall then be notified in writing of
the Division's requirements.
(8) An
easement applicant shall be given the opportunity to revise their proposed
project or demonstrate why suggested changes are not feasible prior to the
Division's development of its recommendation to the State Land Board regarding
the subject easement and related requirements for the location, construction,
operation and maintenance of the cable.
(9) The Land Board may approve or deny the
easement based on the recommendation of the Division and the findings required
by OAR 141-083-0810(8).
Notes
Stat. Auth.: ORS 196.800 - ORS 196.990 & ORS 390.805 - ORS 390.925
Stats. Implemented: ORS 196.800 - ORS 196.990 & ORS 390.805 - ORS 390.925
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