5.1. The director's draft Certification shall
be subject to a public notice and comment period. The comment period shall
ordinarily be 30 days, but may be lengthened or shortened for good cause. For
example:
A. the period may be shortened if
the application is of a type that is routinely granted;
B. the period may be shortened if the impacts
of the proposed activity are minor;
C. the period may be shortened if the period
for issuing a Certification is shortened by the federal licensing or permitting
agency; or
D. the period may be
lengthened for a major activity.
5.2. Every five years the USACE advertises
the re-evaluation of the general permits under Section 404 of the Clean Water
Act for reissuance with a public notice in the Federal Register. At that time,
the Division is given the opportunity to reevaluate State requirements for
Certification application, conditions and notification as well as how and if
the general permits will be recertified with a Blanket Certification. Any
general permit denied Blanket Certification during this period would require
individual application to the Division for a project by project Certification.
The director then issues a 30-day public notice announcing
which general permits will receive Certification and their requirements for the
next five years. In an effort to support the streamlined process of the Corps'
general permit program, the Division will not hold a project specific
Certification public notice for individual activities authorized by the Corps
under the general permits during the subsequent five years unless the Division
declined to certify specific general permits during the re-evaluation
process.
5.3. When
practicable, the public notice and comment period and any public hearing for a
draft Certification will ordinarily be held jointly with federal agencies that
are licensing or permitting the proposed activity.
5.4. If the certification is not public
noticed by the federal agency the Division will publish the public notice by
one or more of the following methods:
A. Utah
Department of Environmental Quality website; or
B. any other means selected by the director
that will effectively solicit input from stakeholders representing State and
federal agencies, interests groups, and the general public.
5.5. The director may, at the
director's discretion, hold a public hearing to take oral comments.