Or. Admin. R. 141-085-0560 - Public Review Process for Individual Removal - Fill Permit Applications

(1) Circulation of the Application for Public Review. Once the application has been deemed complete and sufficient, the Department will provide notification of the availability of the application for review either by U.S. mail or electronically (e.g., facsimile, e-mail, posting on the Internet) to adjacent property owners, watershed councils, public interest groups, affected local government land use planning departments, state agencies, federal agencies and tribal governments in the geographic area affected by the permit. For construction and maintenance of linear facilities, landowners identified in the application will be notified by U.S. mail or electronically that the application is available for review. Upon request the Department may make a copy of the application available at the public library closest to the proposed project.
(2) Copies of the Application by Request. The Department will furnish to any member of the public, upon written request and at the expense of the member of the public, a printed copy of any application.
(3) Submitting Public Comments. To be considered by the Department and to become part of the permit record, all comments must be sent to the destination specified in the notification or submitted through the Web site. All recommendations and comments regarding the application must be submitted in writing to the Department within the period established by the Department, but not more than 30 calendar days from the date of the notice, except as noted under Subsection (a), below:
(a) The Department will grant an extension of up to 75 calendar days to the Department of Environmental Quality if the application requires Section 401 certification under the Federal Water Pollution Control Act ( P.L. 92-500 ) as amended.
(b) If a commenter fails to comment on the application within the comment period, the Department will assume the commenter has no objection to the project.
(4) Department Review of Public Comments and Public Hearing. The Department will review and consider substantive comments received during the public review period, and may conduct any necessary investigations to develop a factual basis for a permit decision. Necessary investigations may include but are not limited to the following:
(a) The Department may, as a result of the public review process or the Department's investigations, request that the applicant submit supplemental information and answer additional questions prior to the Department making the permit decision.
(b) The Department may schedule a permit review coordination meeting with interested agencies or groups and the applicant to provide the applicant an opportunity to explain the project and to resolve issues; and
(c) At the Department's discretion, the Department may hold a public hearing to gather necessary information that may not otherwise be available to make a decision.
(5) Applicant Response to Comments.
(a) Comments resulting from the public review process will be forwarded to the applicant after the comment period deadline.
(b) The applicant may, at his or her discretion, respond to public and agency comments. The response may be in the form of additional information to support the application and/or revisions to the project that address the comments.
(c) If no response is received from the applicant by the date specified by the Department, the Department will presume that the applicant does not intend to provide additional supporting information or revisions to the application.
(6) Final Review
(a) Unless the timeline is extended as provided below in Subsection (b) or (c), the Department will make a final permit decision within 90 calendar days after determining an application is complete;
(b) The permit decision deadline may be extended beyond 90 calendar days when the applicant and the Department agree to an extension.
(c) The permit decision deadline may be extended beyond 90 calendar days when the director determines that an extension is necessary to coordinate the issuance of a proprietary authorization decision for an ocean renewable energy facility and a removal-fill permit decision.
(d) If the Department does not approve an extension, the Department will make a final permit decision based upon the record as it existed within:
(A) The original 90-day time period; or
(B) The extension period approved immediately prior to the applicant's most recent request for an extension.
(7) Application Withdrawal. An applicant may withdraw an application at any time prior to the permit decision. In the event the applicant fails to respond to the Department's requests for information or otherwise fails to reasonably proceed with the application process, the Department may administratively withdraw the application with at least 30 calendar days' notice to the applicant. There will be no refund of the application fee in either case.

Notes

Or. Admin. R. 141-085-0560
DSL 1-2009, f. 2-13-09, cert. ef. 3-1-09; DSL 1-2011, f. & cert. ef. 3-1-11; DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12; DSL 3-2014, f. 8-14-14, cert. ef. 9-1-14; DSL 5-2017, amend filed 12/28/2017, effective 1/1/2018

Statutory/Other Authority: ORS 196.825 & ORS 196.600 - 196. 692

Statutes/Other Implemented: ORS 196.600 - 196.692 & ORS 196.800 - 196.990

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