| (a) Nationwide Permit Certification.
(1) The executive director shall consider all proposed nationwide
permits for certification for activities that may result in any discharge
into or adjacent to water in the state consistent with §279.9 of this
title (relating to Executive Director Review of Water Quality Certification
Application). Water quality certification for activities authorized under
a nationwide permit is complete at the time the permit is issued. No additional
certification is required for activities authorized under that nationwide
permit.
(2) When a federal licensing or permitting agency proposes
a nationwide permit for an activity that may result in a discharge, the executive
director shall notify:
(A) the Texas Parks and Wildlife Department;
(B) the Texas Water Development Board; and
(C) the Texas General Land Office.
(3) After considering public comments received in accordance
with §279.5 of this title (relating to Notice of Application) and other
information, the executive director shall grant, grant conditionally, deny,
or waive certification.
(4) The executive director shall maintain a list of all applicable
nationwide permits and the executive director's certification action on each
one.
(b) General Permit Certification.
(1) The executive director shall consider all proposed general
permits for certification for activities that may result in any discharge
into or adjacent to water in the state consistent with §279.9 of this
title. Water quality certification for activities authorized under a general
permit is complete at the time the permit is issued. No additional certification
is required for activities authorized under that general permit.
(2) When a federal licensing or permitting agency proposes
a general permit for an activity that may result in a discharge, the executive
director shall notify:
(A) the Texas Parks and Wildlife Department;
(B) the Texas Water Development Board; and
(C) the Texas General Land Office.
(3) After considering public comments received in accordance
with §279.5 of this title (relating to Notice of Application) and other
information, the executive director shall grant, grant conditionally, deny,
or waive certification.
(4) The executive director shall maintain a list of all applicable
general permits and the executive director's certification action taken on
each one.
(c) Final Action on Other Certification. The executive director
shall send notice of the decision to deny, grant, grant conditionally, or
waive certification, including a copy of the certification if granted, to
the applicant, the designated contact of the licensing or permitting agency,
and any person so requesting. The notification shall be in writing and shall
include:
(1) the name and address of the applicant;
(2) if certification is either granted or denied, a statement
of the basis for the executive director's decision, including a description
of the materials and information examined during the executive director's
review. The statement shall include:
(A) if the activity is certified;
(i) a statement that there is a reasonable assurance the activity,
if conducted according to the terms of the proposed permit, will not violate
the criteria enumerated in §279.9 of this title; or
(ii) a statement of conditions, including any monitoring and
reporting requirements, necessary to assure compliance with the criteria enumerated
in §279.9 of this title;
(B) if certification is denied, an explanation of how the proposed
activity will not satisfy one or more of the criteria enumerated in §279.9
of this title.
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| Source Note: The provision of this §279.12 adopted to be effective July 22, 1987, 12 TexReg 2187; amended to be effective July 13, 1995, 20 TexReg 4693; amended to be effective October 4, 2001, 26 TexReg 7569 |
