Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 20 - Clean Water Commission › Chapter 6 - Permits › Section 10 CSR 20-6.060 - Water Quality Certification

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: Section 401 of Public Law 92-500 requires
				  that any applicant for a federal license or permit to conduct any activity
				  which may result in any discharge into the navigable waters shall provide the
				  federal licensing or permitting agency a water quality certification from the
				  state. This certification will contain such conditions that ensure the proposed
				  activity will comply with the state water quality standards and other
				  applicable standards as required by federal law. This rule establishes the
				  procedure and time limitations the Department of Natural Resources will follow
				  in issuing certifications.
(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.