5 Colo. Code Regs. § 1002-21.16

Current through Register Vol. 47, No. 11, June 10, 2024

Section 5 CCR 1002-21.16 - Antidegradation Review Procedures-Public Participation and Intergovernmental Coordination

A. Substantive provisions relating to antidegradation reviews are set forth in the Basic Standards and Methodologies for Surface Water, Regulation No. 31, section 31.8 (5 CCR 1002-31).

B. Notice of Preliminary Antidegradation Review Determination

These notice requirements apply to activities with new or increased water quality impacts that may degrade the quality of reviewable waters subject to antidegradation review requirements (see Basic Standards and Methodologies for Surface Water, Regulation No. 31, section 31.8(1)(b)).

1) Notice that the Division has reached a preliminary antidegradation review determination shall be provided at the time and in the manner described below for each category of Division reviews. Only one antidegradation review shall occur, in conjunction with the earliest applicable Division review listed below; provided, that the Division may perform a supplemental antidegradation review if it determines that subsequent changes in the project would result in substantially different water quality impacts

a) When the Division receives notification that section 201 facility planning will occur for sewage treatment plan projects seeking a grant or loan; the Division shall give notice of the preliminary antidegradation determination by publication in the next feasible Water Quality Information Bulletin sent to persons on the mailing list maintained by the Division pursuant to section 25-8-302(1)(e), C.R.S., and by mailing a copy of the preliminary antidegradation determination to the activity proponent, Environmental Protection Agency, any regional council of governments, county, local health department, and cities and towns that the Division believes may be affected by the proposed activity, and to any persons that the activity proponent requests receive such notice.

b) When the Division receives a request for approval of the site location or design of domestic wastewater treatment works, pursuant to section 25-8-702, C.R.S.; the Division shall give notice of the preliminary antidegradation determination by publication in the next feasible Water Quality Information Bulletin sent to persons on the mailing list maintained by the Division pursuant to section 25-8-302(1)(e), C.R.S., and by mailing a copy of the preliminary antidegradation determination to the activity proponent, Environmental Protection Agency, any regional council of governments, county, local health departments, and cities and towns that the Division believes may be affected by the proposed activity, and to any persons that the activity proponent requests receive such notice.

c) When the Division receives a surface water discharge permit application, pursuant to section 25-8-501 C.R.S.; the Division shall give notice of the preliminary antidegradation determination by inclusion with the notice of the proposed permit pursuant to the procedures in section 61.5 , of the Colorado State Discharge Permit System Regulations.

d) When the Division receives a request for section 401 certification, pursuant to section 25-8-302(1)(f), C.R.S., the Division shall give notice of the preliminary antidegradation determination in the draft certification determination and by inclusion in the next feasible Water Quality Information Bulletin sent to persons on the mailing list maintained by the Division pursuant to section 25-8-302(1)(e), C.R.S., and by mailing a copy of the preliminary draft certification determination to the activity proponent, Environmental Protection Agency, any regional council of governments, county, local health departments, and cities and towns that the Division believes may be affected by the proposed activity, and to any persons that the activity proponent requests receive such notice.

2) The notice of antidegradation review determination shall include:

a) Identification of the proponent of the proposed activity;

b) A description of the type of proposed activity;

c) Identification of the stream segment, river basin, and county in which the proposed activity is located;

d) The preliminary antidegradation review determination of the Division, including the rationale for the determination citing the considerations in Regulation No. 31, section 31.8 of the Basic Standards and Methodologies for Surface Water.

e) A request for the submission of comments (within 30 days or such longer period as the Division may establish) regarding:

i) The significance of any water quality degradation expected to result from the proposed activity;

ii) Whether the proposed activity is important economic or social development; and iii) Whether there are economically, environmentally, and technologically reasonable water quality control alternatives available that would result in no degradation or less degradation of state waters.

C. Final Antidegradation Review Determination

1) Prior to making its final antidegradation review determination, the Division shall consider all comments received in response to the notices required by this section.

2) At its discretion, prior to making its final antidegradation review determination the Division may conduct one or more public meetings to receive or exchange information regarding the proposed activity, if the Division determines that such a meeting would be helpful.

3) For those projects requiring 401 certification that the Corps of Engineers determines require an environmental impact statement (EIS) and/or a public hearing, the Division shall not make a final antidegradation review determination until such EIS or hearing is completed.

4) The Division shall not make a final antidegradation review determination for those discharge permits for which a public meeting is conducted until the public meeting(s) provided for in section 61.5 of the Colorado State Discharge Permit System Regulations have been completed.

5) Copies of the final determination shall be circulated to the activity proponent and to all persons requesting notification in response to the earlier notice of antidegradation review.

D. Appeals of Final Determinations

1) The Division's determination of the significance of any water quality degradation pursuant to Regulation No. 31, section 31.8 of the Basic Standards and Methodologies for Surface Water, and its determination whether degradation is necessary to accommodate important economic or social development in the area in which the waters are located, pursuant to section 31.8 of that rule, shall be subject to de novo review by the Commission in accordance with the procedures set forth in section 21.4 of this rule.

2) A review of a final antidegradation review determination by the Division may be initiated on the Commission's own motion, pursuant to a petition by any interested person who has submitted written comments during the Division review process, or on the Commission's determination pursuant to section 24-4-105(2), C.R.S.

5 CCR 1002-21.16

38 CR 07, April 10, 2015, effective 4/30/2015

40 CR 07, April 10, 2017, effective 4/30/2017