Or. Admin. Code § 123-046-0060 - Tide Gate Construction Project Application Eligibility Criteria

The Department will determine tide gate construction project application eligibility using criteria including but not limited to the following:

(1) The application must demonstrate shovel readiness including:

(a) Completion of all technical and engineering design work;

(b) Completion of all permitting and regulatory processes unless progress at time of application is adequate to proceed to construction as determined by the Department; and

(c) Evidence that all landowners on whose land tide gate drainage infrastructure will be constructed are aware of, and agree to, the proposal.

(2) Unless otherwise approved under OAR 123-046-0120(1)(a), the application must include feasibility documentation stamped and signed by an engineer licensed in the State of Oregon. Unless otherwise approved by the Department, feasibility documentation must include the following elements:

(a) Analyses of project feasibility including but not limited to engineering, regulatory, and legal feasibility;

(b) Analyses of project alternatives and the recommended option;

(c) Estimate of project costs including materials, labor, contingency budget, and other expenses;

(d) Construction timeline; and

(e) Operational feasibility analysis including identification of a plan for operation and maintenance of the tide gate drainage system.

(3) Application must demonstrate that authorized access exists for all properties on which construction activities will occur or equipment will be mobilized.

Notes

Or. Admin. Code § 123-046-0060

OBDD 21-2020, temporary adopt filed 10/05/2020, effective 10/5/2020through 4/1/2021; OBDD 4-2021, adopt filed 03/15/2021, effective 3/15/2021

Statutory/Other Authority: ORS 285A.075 & Ch 10, OL 2020

Statutes/Other Implemented: Ch 10, OL 2020