10 CSR 20-6.060 - Water Quality Certification
(1)
Definitions. Definitions as set forth in the Missouri Clean Water Law and
10 CSR
20-2.010 shall apply to those terms when used in this
rule, unless the context clearly requires otherwise.
(2) Requests for water quality certifications
should be sent by the applicant directly to the Department of Natural Resources
(DNR), Water Pollution Control Program, P.O. Box 176, Jefferson City, MO 65102.
The request to the DNR should include a letter requesting the state's water
quality certification for the proposed project and one (1) copy of the federal
application (ENG Form 4345, FEB 94, or the latest revision) with drawings. (The
federal agency requires one (1) copy of the federal application (ENG Form 4345,
AUG 89) with appropriate drawings and one (1) copy of the letter to the DNR
requesting certification.) If the applicant believes a project will be
authorized by a general or nationwide 404 permit for which the Corps of
Engineers (COE) has accepted DNR's certification, the applicant need not send
an application to DNR.
(3) In order
to minimize delay in construction for individually permitted projects, the
federal agency issues a DNR/federal public notice on the permit application.
This notice provides the public an opportunity to provide their written
comments regarding the proposed permit. A reasonable comment period, normally
thirty (30) days, but not fewer than fifteen (15) days, is provided. The public
notice will express DNR's intent to certify the proposed project after
completion of the public notice period and resolution of any adverse water
quality comments received. In the event the DNR receives a request for
certification that should not be issued, the DNR will advise the federal agency
within ten (10) working days that the joint public notice should not be issued.
Individual public notices are not used for projects authorized by general or
nationwide permits. When the Corps has not requested certification for a
project that would be authorized by an individual permit, and the certification
deadline approaches, a contingent certification action will be issued that
approves the project as it appeared in the public notice. This certification is
the final certification action on the project as long as nothing in the project
changes from what was included in the public notice.
(4) After the completion of the joint public
notice period, comments received by the federal agency will be forwarded for
review and consideration by the DNR. Consideration shall be given to both
direct and indirect water quality effects before issuing or denying water
quality certification. Direct effect comments pertain to a water quality
problem that would result from the actual work on the proposed project such as
increased turbidity, improper disposal of dredge and fill material and
siltation. Indirect effects include long or short range effects that are likely
to occur as a result of the proposed construction but are not anticipated to
cause water quality problems or pollution at the time of initial construction
activity.
(A) If no objections to the proposed
project are received during the public notice period and the DNR determines
that no adverse water quality problems are reasonably anticipated, the DNR will
issue a certification with provisions that if adverse water quality problems
develop during construction the certification may be suspended pending
resolution of the problem(s).
(B)
If objections to the proposed project are raised during the public notice
period, the federal agency and the DNR will attempt to resolve the objections.
If sufficient public interest is expressed, a public hearing will be held.
1. If the comments are resolved during
negotiations or during public hearings conducted by the federal agency, the DNR
will proceed to issue its certification.
2. If the comments are not resolved during
negotiations sessions or during public hearings conducted by the federal
agency, the DNR shall review the comments and proceed as follows:
A. If the comments are determined to be valid
comments, the DNR shall either deny certification or issue a certification that
is conditioned upon the applicant meeting certain requirements or performing
certain actions to prevent or minimize water quality problems; or
B. If the comments are determined to be
invalid or not having substantial effects upon water quality, the DNR shall
issue its certification.
(5) Applications for water quality
certifications have a sixty (60)-day period in which they must be issued or
denied. This period starts when an application is received by the department.
Applications for water quality certification for activities requiring
individually certified nationwide permits have a thirty (30)-day but no more
than sixty (60)-day period in which they must be issued or denied. Either of
these periods may be extended by mutual agreement of the applicant and the
department. Submission of an incomplete application may result in the denial of
water quality certification without prejudice. A complete application consists
of the sufficient application submitted to the COE, topographical maps,
location maps, engineering plans, project diagrams, and where applicable,
mitigation plans. If a water quality certification action has not been taken
within sixty (60) days of the date that the application has been received by
the department, and the department and applicant have not agreed to extend the
certification period, water quality certification will be deemed to have been
waived for the activity contained in the application.
(6) Water quality certifications that are
issued for general permits and are accepted by the COE become effective upon
issuance. Water quality certifications that are issued for individual
certifications and for certifications for general permits that have not been
accepted by the COE shall become effective upon signature and returned with
applicable fees.
(7) The issuance,
conditional issuance or denial of certification under subparagraph (4)(B)2.A.
or B. of this rule may be appealed to the Missouri Clean Water Commission
through procedures outlined in the Revised Statutes of
Missouri, Chapter 644. The appeal shall be a contested case and notice
of the appeal shall be filed with the commission within thirty (30) days of
service of notice to the applicant of denial or grant of the requested
certification as specified in
10 CSR
20-6.020(5).
(8) Effective Date. This rule becomes
effective immediately upon adoption and compliance with the requirements of
subsection 644.036.3 of the Missouri Clean Water Law.
Notes
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