01- 670 C.M.R. ch. 55, § 5

Current through 2024-51, December 18, 2024

Section 670-55-5 - Application Procedures

1.General Provisions

A. Applications for a sunken logs salvage authorization will be accepted by the Bureau only during the application period. The application period will generally be from the first working day on or after January 15 to the last working day in the month of May. The Bureau may make adjustments to these dates on a year-to-year basis.

B. Applications for a sunken log authorization shall be made using an application form provided by the Bureau. Each application shall be accompanied by a nonrefundable $100.00 application fee. An application will not be considered complete and the application will not be acted upon unless all of the information required by the Bureau has been submitted.

C. A separate application is required for each lake or noncontiguous river segment in which the applicant is proposing to conduct a salvage.

D. Usually within seven (7) days of receiving the application, the Bureau will make a determination of whether the application is complete, or whether additional information is needed to consider the application. If the application is determined to be incomplete, or if at any time the Bureau finds that additional information is needed to supplement the application, the applicant will be notified of what additional information needs to be submitted in order for the Bureau to make a decision.

E. Upon a determination that the application is complete, the Bureau will notify what it determines to be parties likely to be interested in the application. Interested parties may include, but are not limited to, local officials, landowners adjacent to the proposed salvage or take-out site, and others who have notified the Bureau of their interest in a particular project. Notification of interested parties may be delayed for applications received during the special application period and at other times during which competing applications are being resolved in accordance with Section 5, Subsection 2 below.

F. The Bureau may also seek advice regarding potential impacts from State and Federal agencies including but not limited to other Bureaus within the Maine Department of Agriculture, Conservation and Forestry, the Maine Department of Inland Fisheries and Wildlife, the Maine Department of Marine Resources, and the U.S. Department of the Army, Corps of Engineers.

G. Upon notification of interested parties, there will be a 30-day period during which any party may provide comments pertaining to the application. The Bureau will specify the date by which comments are due. A request by an interested party for 15-day extension of this date may be granted by the Director for good cause. The review period also may be extended or reopened in cases in which the Director determines that additional information or studies are needed to address issues or concerns identified during the review process.

H. Ordinarily, within ten (10) days after the conclusion of the designated review period, the Bureau will approve, approve with conditions or deny the proposed log salvage.

I. The Bureau's written decision will include findings relevant to its decision. The sunken log salvage authorization will be in the form of a contract between the Bureau and the applicant. If the salvage is approved, two copies of the authorization will be sent to the applicant for signature. No salvage operations shall commence until the signed authorizations are received by the Bureau and the applicant has met all other applicable authorization conditions.

J. Materially incorrect information submitted in conjunction with an application for a sunken log authorization will constitute grounds for the Bureau's reconsideration or rescission of its decision and any authorization issued.

2.Competing Applications

A.Special Application Period

(1) The time period from the beginning of the application period to a date specified by the Bureau will be designated a special application period. Generally, the special application period will be open for ten (10) working days; however, the Bureau may make adjustments to this time period on a year-to-year basis.

(2) After reviewing applications for completeness and prior to notifying interested parties, the Bureau will review all complete applications received during the special application period to determine if there are multiple proposals to salvage logs in the same areas.

(3) If the Bureau finds there are multiple proposals for salvage in the same areas, the Bureau will evaluate whether the areas can accommodate the proposals of all the applicants interested in salvaging in the areas based on the following criteria:

(a) Whether the areas can accommodate the proposals without unreasonable interference with navigation and other public trust rights;

(b) Whether the areas can accommodate the proposals in a manner consistent with the other General Standards of Section 6; or

(c) Whether, based on available information using conservative estimates, the marketable sunken log resources in the areas are sufficient to accommodate the proposals.

(4) If the Bureau determines that the areas cannot accommodate the proposals of all the applicants interested in salvaging in the areas, the Bureau, at its discretion, may take the following actions:

(a) Establish "standoff" distances for salvage vessels operating in the same areas;

(b) Limit the amount of the salvage within the proposed area by designating the maximum board feet of logs allowed per applicant;

(c) Divide the areas into sub-areas and assign applicants rights to logs within the sub-areas;

(d) Stagger salvage activities according to defined time frames to avoid congestion;

(e) Limit the number of applicants authorized to conduct sunken logs salvage in the areas or sub-areas by use of a random drawing conducted by Bureau staff, and allow those not selected to apply for log salvages in other areas; and/or

(f) Place other limitations on salvage operations that the Bureau determines to be reasonable.

(5) Upon establishing the salvage location and amount for each application, the Bureau will proceed with the notice requirements described in Section 5, Subsection 1 above.

B.General Application Period

(1) In reviewing applications received after the special application period, the Bureau shall not issue authorizations for areas in which salvage proposals have already been approved or are being processed, unless the Bureau determines that the proposed salvage can be accommodated based on criteria of Section 5.2.A(3). In allowing additional salvages in the same area, the Bureau may impose conditions regarding the amount, location and timing of the salvage.

(2) Based on authorizations it is processing or has approved, the Bureau may, at any time after the special application period, determine that it will not accept additional applications for sunken log salvage on particular waterbody or area of the waterbody for that salvage season.

01- 670 C.M.R. ch. 55, § 5