5 Colo. Code Regs. § 1002-21.29
The provisions of 25-8-202(1)(i) and 25-8-401(2), C.R.S. provide the specific statutory authority for adoption of these regulatory amendments. The Commission also adopted, in compliance with section 24-4-103(4) C.R.S., the following statement of basis and purpose.
BASIS AND PURPOSE
Changes to Section 21.16, Antidegradation Review Procedures--Public Participation and Intergovernmental Coordination, were adopted by the Commission in association with changes to the 401 Certification Regulation, Regulation No. 82 (5 CCR 1002-82). The changes provide for a more streamlined public notice process, and improved opportunities for public comment on Division certification determinations.
Subsection 21.16 (1) (d) was changed to reflect a new process for public notice of preliminary antidegradation determinations. In the past, preliminary antidegradation determinations were noticed independent of any certification determinations. The changes to the regulation establish a new process for a draft 401 certification determination. The preliminary antidegradation determination will be noticed as a portion of the draft certification. The rules no longer call for the preliminary antidegradation determination for Army Corps of Engineers 404 permits to be included in the Corps public notice.
Subsections 21.16 (1) (a), (b), and (c), were changed to reflect the addition of the word "antidegradation" in reference to preliminary determinations, and to change the name of the "monthly newsletter" to the "Water Quality Information Bulletin".
PARTIES TO THE RULEMAKING HEARING
5 CCR 1002-21.29