Notice to government agencies

The state shall notify other appropriate government agencies of each complete application for a national pollutant discharge elimination system permit and shall provide such agencies an opportunity to submit their written views and recommendations. 1. The department shall ensure that a copy of each fact sheet prepared under the provisions of this chapter is mailed to the following parties: a. Any other state whose waters might be affected by the issuance of a national pollutant discharge elimination system permit. b. Any interstate agency having water quality authority over affected waters. c. Any other appropriate federal, state, or local agency, including other appropriate public health agencies. d. The appropriate district engineer of the United States army corps of engineers. 2. Each such governmental body listed in subsection 1 shall be given an opportunity to submit written recommendations concerning the proposed permit to the department. a. Whenever a state makes recommendations concerning the proposed permit, and such recommendations are not incorporated into the final version of the permit, the department shall provide the recommending state with a written explanation for the failure to incorporate such recommendations. b. Response to written comments provided by the corps of engineers during the comment period pursuant to section 33.1-16-01-06 shall conform to the following: (1) If the corps of engineers advises that anchorage and navigation of any of the waters of the United States would be substantially impaired by the granting of a permit, the permit shall be denied and the applicant notified. (2) If the corps of engineers advises that imposing specified conditions in the permit is necessary to avoid any substantial impairment of anchorage or navigation, the department shall include the specified conditions in the permit. (3) Review or appeal of a permit denial or of conditions specified by the corps of engineers shall be made through the applicable procedures of the corps of engineers. If the conditions are stayed by a court of competent jurisdiction or by applicable procedures of the corps of engineers, those conditions shall be considered stayed in the national pollutant discharge elimination system permit for the duration of that stay. c. Whenever the United States fish and wildlife service, the national marine fisheries service, or any other state or federal agency with jurisdiction over fish, wildlife, or public health makes recommendations of specified permit conditions necessary to avoid substantial impairment of fish, shellfish, or wildlife resources, the department may include the specified conditions in the permit to the extent necessary to carry out the provisions of 40 CFR part 122.49, and of the Clean Water Act. 3. In appropriate cases, the department may consult with the United States corps of engineers or the United States fish and wildlife service before issuing a draft permit. The department may reflect these agencies' views in the statement of basis, the fact sheet, or the draft permit. 4. The department may enter into a written agreement with the appropriate district engineer of the United States army corps of engineers to provide for procedures which will ensure the transmission of all forms and information required by the corps, and procedures for the recording of any comment or objections the corps may have on a proposed permit. A copy of the agreement, if promulgated, shall be forwarded to the regional administrator.