Section 670-55-8 - General Terms and Conditions1.Salvage limitsA. No person, nor any subsidiaries, subcontractors, partners or legal entities associated with that applicant, may be issued sunken log salvage authorizations allowing an aggregate of more than 125,000 board feet of sunken logs in any given salvage season.B. The Bureau will only issue authorizations for the current year's operations. Authorizations are not transferable or applicable to future salvage seasons. In cases in which delays in obtaining regulatory permits or other necessary approvals prevent the start of salvage activities for the current salvage season, the Bureau may reissue the salvage authorization for the following salvage season.2.Insurance CoverageA. Applicants shall provide worker's compensation insurance for all of their employees as required under law.B. Applicants shall provide evidence of and maintain for the term of the salvage authorization, adequate and appropriate insurance coverage. Liability insurance shall be in an amount not less then $400,000 per occurrence. At a minimum, this insurance shall cover liability claims, and shall cover all aspects of the salvage operation, including but not limited to, diving, retrieval and transport of logs, use of marine vessels, and operation of other machinery and equipment.C. Applicants shall agree to hold the Bureau and the State harmless against all claims, demands, judgments for loss, damage, death or injury arising out of the applicant's activities and operations.3.Financial CapacityA. Prior to beginning any salvaging operations, applicants shall provide a performance guarantee in the form of either an irrevocable letter of credit or an escrow account to be held by the Bureau until final payment is received.B. The amount and type of the performance guarantee will be approved by the Bureau, but shall not be less than 10% of the projected market value of the salvaged logs as determined by the Bureau.C. As part of the application process, applicants shall demonstrate that they have a viable market for the salvaged logs. If the logs are to be sold to a third party, the applicant shall provide the name of the prospective buyer or mill, the specification and price list from the buyer and mill, and copies of any contracts or agreements between the applicant and the buyer/mill. The Bureau reserves the right to deny sunken log authorizations if it determines that the anticipated value derived from sale or use of the logs by the applicant is significantly below the market value of the logs as estimated by the Bureau.4.Technical CapabilityA. Prior to the Bureau issuing an authorization, applicants must demonstrate that: (1) They have competency in sunken log salvage, or in other fields that involve similar skills, duties and responsibilities.(2) All divers participating in the operation are fully qualified. In addition to holding the appropriate certifications for the type of diving proposed in the operation, all divers shall have at least two (2) years diving experience in a commercial setting. Dive log books shall be available for the Bureau's inspection upon request. The Bureau may relax certification requirements if the applicant demonstrates an extensive background in commercial diving beyond two (2) years experience.(3) The dive team includes, in addition qualified divers, a qualified "tender" who holds current certificates in Cardiovascular Resuscitation and First Aid, is familiar with safe dive practices, and either holds a current tenders license from the Maine Department of Marine Resources, or otherwise demonstrates competancy to serve as a tender.(4) If diving is involved, that the applicant possesses a current edition of the publication "Consensus Standards for Commercial Diving Operations" published by the Association of Diving Contractors, Inc., and that all divers and tenders are familiar with this publication; and(5) They own or will lease equipment and machinery, that, in conjunction with the methods proposed for the retrieval, transport and landing of logs, will allow the proposed salvage to be conducted in a publicly responsible, environmentally sound and competent manner.B. In issuing authorizations, the Bureau may include terms and conditions aimed at ensuring that the operation meets the technical capability standard of Section 6, including but not limited to:(1) Assurances that the operation will be conducted in accordance with referenced standards relating to diving, marine and general work safety;(2) Assurances that the operation as conducted will adhere to the approach proposed in the application, including use of qualified personnel, adequate equipment and appropriate salvage methods.(3) Assurances that the applicant will conduct all diving operations in accordance with the applicable provisions of the "Consensus Standards for Commercial Diving Operations," published by the Association of Diving Contractors, Inc.(4) Other terms and conditions deemed necessary for the operation to meet the technical capability standard and the other requirements of these Rules.C. In evaluating technical capability, the Bureau will consider the applicant's performance during previous salvages authorized by the Bureau.D. Failure to meet any of the requirements pertaining to technical capability in the authorization or these Rules will be grounds for the Bureau's rescission of the authorization in accordance with Section 11.5. Post Authorization Procedures and NotificationsA. After the Bureau issues a sunken log salvage authorization, no salvage work shall start until the applicant has complied with all terms and conditions of the authorization and of these Rules pertaining to:(1) Performance guarantees,(3) Other necessary State and local permits, and(4) Other applicable pre-operation submissions or requirements.B. Prior to the start of salvage work, the applicant shall contact the Bureau to inquire if all applicable terms and conditions have been met to the Bureau's satisfaction. If the Bureau determines they have, it shall give the applicant written permission to start work. If not, the Bureau shall notify the applicant what terms and conditions need to be met prior to the start of work.C. The applicant shall notify the Bureau staff of the following other occurrences: (1) The actual start date of the operation;(2) The date the logs arrive at the mill or buyer's location.(3) At other times as required in the authorization.6.Take-Out SiteA. Applicants shall designate the take-out site or site(s) for the removal of logs from the water.B. The take-out site(s) shall be reasonably located to minimize the transport distance of salvaged logs on water bodies and minimize impacts on public trust uses.C. Applicants shall demonstrate and maintain adequate rights in take-out sites in order to use the sites as proposed. For this purpose, applicants shall provide a copy of a deed, lease, or other legal document showing sufficient rights to use the property as a take-out site.D. When logs are stored on Submerged Lands at the take-out site(s), they shall be deposited in such a manner that that they do not unreasonably interfere with navigation or other public trust rights, or create a safety hazard.E. Provision shall be made for proper disposal or storage of logs not sold or processed by the applicant.7.Assignment The authorization is nontransferable and shall not be assigned without prior written permission from the Bureau. Assignment will not be permitted unless the potential assignee demonstrates adequate technical and financial capability and otherwise can meet the provisions of these Rules.
8.Archeological Sites No logs may be removed or Submerged Lands disturbed that are part of an archeological or heritage site as determined by the Bureau or other governmental agency. Such sites shall include but not be limited to, shipwrecks and their cargos, artifacts, cribs, wharves, and weirs. It is the responsibility of the applicant to ensure that the salvaged logs are not part of such a site and to contact the Maine Historic Preservation Commission in the event that archeological or heritage sites are encountered.
9.Other Public Trust Uses The area where the salvage is conducted shall remain open to other public trust uses to the maximum extent possible, provided such uses do not unreasonably interfere with the salvage operation.
10.Salvage Limitations in Specified AreasA. The Bureau may impose limitations on salvage operations on certain Submerged Lands in order to reduce potential conflicts with other public trust uses, minimize potential environmental or ecological impacts, or address other management considerations. The Bureau will consider such limitations based on input from State agencies or other organizations that have management responsibility or jurisdiction over particular resources or bodies of water.B. Such limitations may include prohibiting log salvage on certain waterbodies or portions of waterbodies, limiting the number or size of salvage operations allowed on waterbodies or portions of them or imposing conditions on the timing of salvages to minimize conflicts and impacts.C. Applicants proposing to salvage logs in any area the Bureau has imposed a salvage limitation will be so notified upon receipt of their application.11.Waiver for Annual Salvages Less than 5,000 Board Feet In the case of applicants proposing to salvage a total of 5,000 board feet or less of sunken logs during the salvage season, the Director may waive selected terms and conditions of Section 8 of these Rules in the review of applications submitted by such applicants, if the Director finds the application otherwise meets the General Standards of Section 6. In no instance shall the director waive the requirement of insurance coverage. Waiver of the performance guarantee requirement shall only be made if the applicant otherwise demonstrates adequate finanical capacity.
01- 670 C.M.R. ch. 55, § 8