OAR 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).