75C - PH - BRISTOL EIR FROM WARNER TO ST. ANDREW

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Federal Raglssar / Vol. SL No. 219 1 Thursday, November 23. 100 / Rulm and Aegtiladnns 42259 should be required for categones of activities, or in specific geogmi hic areas. However. only the Chief of Ettgataan may modify, suspend. or revoke nationwide permits on ■ statewide at nationwide baste. The division! eaPaaer .:O a,- alias t.`.a decision to persons affected by the action. The district enguteer will then regulate the activity or activities by processing an app icatioe(B) for an individual permttU) purouanl to 33 CPR Pan 32a. (d) Far the nationwide permit found at 1 3304ja)(251, after the applicable provisional of F 330.7(a) (1) and (3) have been satisfied the parenjun's right to proceed under the general permit may be modifted. suspended. or revoked only in accordance weds the procedure set forth in 33 CFR 323.7. (e) A copy of all modifimians or revocations of ach%nues covered by nationwide permits wi0 be forwarded to the Office of the Chief of Engineers. AM DAF-N;-C C)-N. 1330.9 Slat weir goWty e.eMlradon. la Stele water quality certification is required far nationwide permits which may result in any diecharye into waten of the United States. If a state issuer a water quality certification which includes special conditions, the district engineer will add these conditions as conditions of the nationwide permit in that state. However. if such conditions do not comply with the provisions of 33 CFR 329.4 or if a state times a required 4Ot certification for a particular nationwide permit, authorisation for aft discharges covered by the nationwide permit widna the state is denied without prejudice until the state issues an individual or generic water quality certification or waives its nght to do so. A district e:.pneer will not process an individual permit application for an activity for which euthanzadon has been denied without prejudice under the nationwide permit program. However. if the deviaon engineer dnarminea that It would otherwise be appropriate to exercise his disaettanary authority. pursuant to 1330-11. to overvids the nationwide permit or permit m quastiozi he may do am and the district angmew may proceed with the Processing of individual permit applications. in imtances where a state has denied the 401 water quality certification for discharges under a particaker natiopwide permit. applicants must fumfsh the district enginaa with an individual or genetic 401 certification or a copy of the application to the state for the rarti9eatioo. It a testa fella to act within a reasonable pwiad of time tame 1 W.21[b)(1)(d)), a waiver will bg pmumed Upon receipt of an individual or genane ct7tUfution or a waiver of certthcadon. the proposed work Is authorised under the nationwide pamiL If a mute issues a conditioned individual certification. the district engineer will c tide ..oN Watdltlon: teat comply with 33 CFR 325.4 as special conditions of the nationwide permit (see 33 CFR Pan 330.5(0I and notify the applicant that the work in authorized under the nationwide par0ut provided ail ctmdlbunm N met. (b) Certification requiremeou for nationwide permits fall into the following general categonee: (1) No certification raquomd. Nationwide permits cumbervd 1.2.4. S. & & 10. 11. and 19 do not involve activities which may result in ■ discharge and themfora 401 certification is not applicable. f21 Certification samerines re4mrvd. Nationwide permits numbered 3.6. 1. 13. 20. 21. 22, and 23 each mvalve venous activities. same of which may result in a discharge and retinue certification, and others of which do not. State denial of certification for any specific natonwde permit in this category effecs on!y those acuvtues mvolvmg discharges. Those not involving discharges remain in effect - J31 Certification menitrd, Nationwide permits numbered 12.14. 15.1& 17. 1& 2A. 75. and 211 involve activities. which would result in discharges and therefore 401 certification is required. (cl District engineer will take appropnate measures to inform the public of which watwbodfes or region* within the jute, and for which nationwide pennies, an individual 401 water quality cal"cation is required. 1730.1* C"fitNSUr'nata0atsra t olarmo att[y daurritmadaie In Los tances where a state has not concurred that a particular nationwide permit is consistent with an approved coastal zone management plan. authorisation for ali activities subject to inch nationwide permit within at affecting the state Mattel zone agency's AMA of authority is denied without prejudice sir. W the applicant has furnished to the district engineer a coastal zone management consistency determination pursuant to sactiod 307 Of the Coastal Zone Mansgament Act and the state has Nocurred in it U a mute does not act on an applicant's consistency sutemaot within mix months after receipt by the meta, comatetmcy *half be presumed District m abn will take appropriate measures to 'form the public of which waterhodi" or regions within the state. and for which nationwide parmita, much individual 75C -284 masiatency determination L regained. Dlstretn eeigiomosm will not process any pe t-aporadoe for an activity which Itaa been demad without preludlae ender the astianwide posit Pious. However, if the division aogmear determines that it would odeerwne be Appropifti■ to eaardw hie dimatimary a athtrnty, pansaat to 1 38oA to avermis the nationwide permit of Peeples in questlan he may do w, and the district engineer may proceed with the processing of Individual permit applications. 1 330.11 Maderrsrlaa pelele eermkmd a. (a) General permittees may, and in same uses must. request from a district engineer confirmation that an activity complies with the terms and conditions of a nanonwtde permit. District engineers will mapandpromptly to such requests. The response will @tale that the verification is valid for a period of no mom than two years or a lesser period of time if deemed appropriate. Section 330.12 takes precedence over this section, therefore. it is incumbent upon the permittee to remain informed of changes to nationwide permits. iN If the district engines decides that an acnnty does not comply with the terms or conditions of a nationwide permit by will so notify the person destring to do the work and indicate that an Individual permit is required (unlade covered by a regional petmrt)- ic) If the district engineer decides that an activity dons comply with the terns and conditions of a nationwide permit he will me notify the general permittee. In such wee. as with any activity which qualifies under a nationwide permiL The general permilleei'm right w proceed with the actantles under the nationwide permit may be me"ed, mu■pended, at revoked only in accordance with the proceduiea of 33 CFR 325.7. 1 330.13 Emisoenan ar trder wAs pertnae. The Chief of E tednem will review natonwide permits an a continual basis, and will decide to either modify. rnmsue (extend) or revoke the permits at least every five year+. If a natimurlde permit is met modified or rmseued within live yawn of publication in the Faderd 2spole, it autamallea ly axptres and becomes null and void Authotfzabon of activitin which have commenced or are under smart to conscience in rallanee Span a mtionwida permit will remain in affect provided the activity is completed within twelve months of the data a nationwide permit bas expired or we- revoked uden dismrtionary permit authority has been asitmeed in