Or. Admin. Code § 141-093-0310 - Certain Ocean Renewable Energy Facilities - GP- Specific Conditions

(1) All requirements, procedures and conditions set forth in OAR 141-093-135 (General Conditions) apply to this General Permit, except as follows:

(a) General Condition (5) ODFW Fish Passage Requirement;

(b) General Condition (8) Pre-Construction Resource Area Fencing or Flagging;

(c) General Condition (9) Erosion Control Methods; and

(d) General Condition (11) Raising or Redirecting Water

(2) Notwithstanding the provisions of ORS 274.879(8), the authorization holder must complete the removal of all equipment related to the ocean renewable energy facility within the term of the authorization, not to exceed five years, unless an individual removal-fill permit, pursuant to 141-085 has been issued for extended or expanded ocean renewable energy facility placement.

(3) Anchors, cables or any other equipment that lies at least one (1) meter beneath the ocean floor may be decommissioned in-place if:

(a) There is a recommendation from the JART to allow specified equipment to be decommissioned in-place; and,

(b) The authorization expressly allows specified equipment to be decommissioned in-place.

(3) Authorized facilities must contain fish screens as required by ODFW on any water intake or discharge devices associated with the ocean renewable energy facility.

(4) Any cables, pipes or other conduit extending to the ocean shore must be placed consistent with Part Four of the Territorial Sea Plan.

(5) Required notifications. The authorization holder must submit to the Department:

(a) For any approved decommissioning of equipment in-place, a letter verifying that the equipment is buried at least one (1) meter beneath the ocean floor. The letter must include a description of methods used to verify the burial depth of the equipment. This verification letter is due to the Department no later than 90 days prior to the initiation of facility decommissioning.

(b) A letter verifying the removal of all ocean renewable energy facility components (excluding any equipment authorized to be decommissioned in-place. This verification letter is due to the Department within 30 days of completing the removal.

(c) Notification of any observed sinking or disconnection of floating components, substantive movement of anchors from the point of placement, entanglement of fishing gear, any release of fluids or any exposure of any buried components. Notification is required within 24 hours of observance and must include a corrective action plan.

Notes

Or. Admin. Code § 141-093-0310

DSL 5-2017, adopt filed 12/28/2017, effective 01/01/2018; DSL 53-2018, minor correction filed 01/05/2018, effective 1/5/2018

Statutory/Other Authority: ORS Chapter 183, ORS 196.810, ORS 196.817, ORS 196.485(3), ORS 197.180 & ORS 196.405-583

Statutes/Other Implemented: ORS 196.600-692 & ORS 196.795-990