5 Colo. Code Regs. § 1002-82.1
The purpose of this regulation is to implement section 25-8-302(1)(f), C.R.S. which became law on June 4, 1985. The Water Quality Control Commission (Commission) construes this section as a direction by the Colorado Legislature to define what conditions and requirements can be required by the Water Quality Control Division (Division) in connection with certification of federal licenses and permits under Section 401 of the Federal Clean Water Act, consistent with the Colorado Water Quality Control Act. This regulation authorizes the Division to grant certification, grant certification with conditions, deny certification, or expressly waive a certification of federal licenses and permits. In accordance with Section 401 of the Federal Clean Water Act, this regulation sets forth certification conditions and requirements applicable to all certifications issued by the Division. The Division maintains Clean Water Policy 12, which is a policy document with Best Management Practices (BMPs), also referred to as Control Measures that will assist in the selection, installation, and maintenance of BMPs.
By this regulation and pursuant to section 25-8-302(1)(f), C.R.S., the Division grants certification for regional general and nationwide permits under Section 404 of the Federal Act without additional conditions, and further action by the Division.
This regulation applies to Division certification of permits issued by the U.S. Army Corps of Engineers pursuant to Section 404 of the federal Clean Water Act, Federal Energy Regulatory Commission (FERC) licenses for hydropower projects, and other federal permits which involve a discharge into waters of the state, including permits issued by the Environmental Protection Agency (EPA) pursuant to section 402 of the federal Clean Water Act.
5 CCR 1002-82.1