Current through 2024-38, September 18, 2024
1. Draft application submission. An applicant
must file a draft lease application, and must make a reasonable effort to
provide all required information as outlined in Chapter 2.10. The nonrefundable
draft application fee is $500.
A. If
additional information is required, the Department will respond requesting
further information within 30 days of receipt of the draft lease
application.
B. If a draft
application is not submitted within 4 months following the pre-application
meeting, the applicant must complete the pre-application meeting requirement as
outlined in Chapter 2.07 again prior to filing a draft application. The
Commissioner may provide an exemption from this requirement for no more than 9
months following of the pre-application meeting for good cause
shown.
2. Scoping
session. Within 4 months of submission of the draft application, the applicant
shall hold a scoping session in the municipality in which the proposed standard
lease is predominantly located. The applicant is required to attend the scoping
session. The purpose of a scoping session shall be to:
A. Familiarize the general public with the
proposal;
B. Allow the public an
opportunity to provide the applicant with additional local information to
inform development of the application; and
C. To allow the public an opportunity to ask
questions of the applicant.
3. Notice. The Department shall provide
written notice of the scoping session to riparian landowners within 1,000 feet
of the proposed lease and to the municipality in which the proposed lease would
be located. The applicant shall publish a notice in a newspaper of general
circulation in the area of the proposed lease at least ten days prior to the
scoping session.
4. Location of
Pending Application. During the 6 months following the scoping session, or
until a completed application is received by the Department from the applicant
for the location noticed in the scoping session, whichever is earlier, the
Department cannot accept an application for a lease in the same location as a
proposed lease discussed at the scoping session.
5. Final Application. An applicant must
submit a final lease application to the Department and must make a reasonable
effort to provide all required information as outlined in Chapter 2.10. The
final application fee is due at the time of submission.
A. The non-refundable application fees for
discharge and no discharge leases are:
i.
Discharge Leases: $1,500
ii.
Non-Discharge Leases: $1,000
B. If the location of the proposed lease
identified in the final lease application materially differs from the location
described in the notices for the scoping session the application may, at the
Department's discretion, be required to hold another scoping session addressing
the revised location before the application is accepted.
6. Completeness Determination. Within 30 days
of receipt of a written final application, the Commissioner or his designee
shall determine whether the application contains sufficient information in
which a decision regarding the granting of the application may be made, and
notify the applicant of his determination.
A.
If the application is incomplete, it shall be returned to the applicant with a
written explanation of the additional information required.
B. An application shall not be complete
unless the non-refundable final application fee has been paid.
C. If an applicant has not submitted a
complete application within 90 days of the date of the Department's notice
under Chapter 2.08(6)(A) the application shall be void.
D. Termination without hearing. If the
Commissioner or his designee determines before a hearing has been scheduled
that either that the application could not be granted on its face or the
applicant lacks the necessary financial or technical capacity the applicant
shall be notified in writing of that determination and no further Department
action on the application is required. If a hearing has been scheduled and the
Department's site review or other information reveals that one or more of the
criteria for a lease approval are unlikely to be met the Department, in its
discretion, may ask the applicant to withdraw the application or waive the
hearing and, in the case of a hearing waiver, the Department will issue a
written decision denying the application.
