On Nov. 3, 2017, the Department of State Lands (DSL) received a removal-fill permit application for the Jordan Cove Energy Project. The application covers the three main elements of the project: 1) the liquefied natural gas (LNG) slip and access channel; 2) the LNG terminal; and 3) the natural gas pipeline.
concluded its completeness review of the application on Dec. 1, 2017. The
agency notified Jordan Cove Energy Project (the applicant) that the application
is incomplete. Additional information is needed in a variety of areas,
including but not limited to project purpose and need, impacts to recreation in
the bay, fill dimensions and volumes, compensatory wetland mitigation, ODFW
fish-passage requirements, and required signatures.
The removal-fill law allows
the applicant up to 120 days to provide this additional information, or DSL may administratively close the
application. A subsequent application for the same or a similar project will
require submittal of a new application and payment of an application fee.
If a revised application is received, another 30-day completeness review begins. Once the application is deemed complete, there is a minimum 30-day public review period.
On March 12, 2018, DSL agreed to extend the revised application submittal deadline to April 30, 2018, as requested by the applicant. On April 24, 2018, DSL agreed to extend the submittal deadline to May 18, 2018. The reason for the extensions is because the Jordan Cove Energy Project needs additional time to prepare a revised permit application to address the information deficiencies identified during DSL’s completeness review.
On May 10, 2018, DSL received a revised
removal-fill permit application for the Jordan Cove Energy Project. The Department has 30 days to conduct a completeness review – by June 8,
2018. If the application is deemed complete by June 8, a public
comment period begins, and at least three public hearings will be held in June in communities where the project would be located. If issues remain, the
submittal deadline may be extended and the schedule would shift.
On June 4, 2018, Jordan Cove LNG requested that the Department of State Lands suspend review of their removal-fill permit application and change its status to “suspended awaiting revision.” Jordan Cove anticipates providing additional details regarding the Kentuck Slough and eelgrass mitigation sites, as well as updated land use permitting information, by the end of August 2018. The Department has agreed to their request.
Jordan Cove Energy Project Memo to Land Board
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The Department of State Lands (DSL) is responsible for regulating removal and fill in waters of the state, which are defined as “natural waterways including all tidal and non-tidal bays, intermittent streams, constantly flowing streams, lakes, wetlands and other bodies of water” in Oregon. State law (ORS 196.800-990) governs the removal-fill regulatory program.
DSL also has jurisdiction over submerged and submersible land – the “beds and banks” – of tidally influenced and navigable waterways. Structures and facilities on these state-owned lands require an authorization from DSL. ORS Chapter 274 governs submerged and submersible lands.
The proposed Jordan Cove project will require both a removal-fill permit and various proprietary authorizations for the use of state-owned submerged and submersible lands. The timelines for each may vary.
Both federal and state agencies have regulatory jurisdiction over various components of the proposed project. The Federal Energy Regulatory Commission (FERC) has exclusive authority to site LNG terminals in the United States. Additional state approvals and reviews are required from the Department of Environmental Quality, Department of Land Conservation and Development, and Department of State Lands.
As more information becomes available, this web page will be updated. However, the DSL website will only address this agency’s authority. The Oregon Department of Energy will host a much broader State of Oregon informational web page, with links to other agencies and key information.