R 323.2125 Public notices and fact sheets; notice to other governmental agencies.

Rule 2125. (1) Upon receipt of an application for a national permit which identifies an existing or proposed discharge into interstate waters, and when the department determines that the discharge may affect the quality of the waters of any other state, it shall notify the appropriate state or interstate agency of the discharge and shall transmit a copy of the public notice and fact sheet on the application thereto. Upon request of the state or interstate agency, the department shall also transmit a copy of the application and the draft permit prepared pursuant to R 323.2115. (2) A state or interstate agency notified by the department pursuant to subrule (1) of this rule shall have 45 days in which to comment on the existing or proposed discharge and may submit in writing to the department and the regional administrator its views and recommendations. The views and recommendations submitted to the department by another state or interstate agency may be incorporated into the national permit if determined necessary and desirable by the department. If not incorporated into the national permit, the department shall notify the state or interstate agency in writing and provide an opportunity for hearing, if requested by the state or interstate agency. (3) When a public notice on a national permit application for discharges into navigable waters is posted or published, the department shall transmit a copy of the notice and fact sheet thereon to the appropriate district engineer of the United States army corps of engineers for existing or proposed discharges identified therein, if such discharges are not minor discharges. (4) If requested in writing thereby, the department shall mail a copy of a public notice or fact sheet, or both, for an application for a national or state permit, to any other federal, state, or local agency or affected Canadian provincial or federal agencies. The provisions of subrule (2) of this rule with regard to opportunity for comment and hearings apply to the federal, state, or local agencies, or Canadian provincial or federal agencies.