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
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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