5 Colo. Code Regs. § 1002-82.4

Current through Register Vol. 47, No. 24, December 25, 2024

Section 5 CCR 1002-82.4 - [Effective 1/31/2025] APPLICATION FOR WATER QUALITY CERTIFICATION

(A) USACE SECTION 404 Individual Permits. A complete application for a state water quality certification, as determined by the Division shall include:

(1) Documentation of a written thirty (30) day pre-filing meeting request that included a project description, location, and the Division's response prior to submitting a request for certification application, unless the meeting is waived by the Division.

(2) A completed copy of the Division's Clean Water Act (CWA) Section 401 Water Quality Certification Request form;

(3) A signed copy, by the applicant, of the federal application for a USACE Section 404 permit to discharge dredged or fill material;

(4) Any readily available water quality-related materials that informed the development of the 404 permit application or draft permit;

(5) A map of Project location, a site plan, and a listing of the selected Control Measures chosen for the Project, in accordance with Clean Water Policy 12; and

(6) Appropriate fees for processing the 401 certification. Tiers are determined by the Division at the time of pre-filing meeting request. For Tier 1 and 2 Projects, application fees are due at the time of the certification request to the Division. For Tier 3 and 4 Projects, the Division will meet with the applicants before certifications are submitted to develop a draft billing agreement. These fees are as follows:

Tier	Description	Cost
1	Projects that incur minimal costs and water quality impacts	$1,122
2	Projects that incur moderate costs and potential water quality impacts	$3,876
3	Projects that involve large watershed area, a high degree of complexity, or a high potential for water quality impacts	Calculated on an hourly rate based on the actual costs of Division staff and contractor time.
4	Projects that involve multiple or large watershed areas, a very high degree of complexity, very high potential for water quality impacts, or a high level of public involvement	Calculated on an hourly rate based on the actual costs of Division staff and contractor time.

(B) 402 PERMITS ISSUED BY EPA. For 402 permits issued by EPA, application for certification shall be made in a manner determined by the Division, but at a minimum, shall include a copy of the application for the 402 permit submitted to EPA. Applications for certifications also must include documentation of a written thirty (30) day pre-filing meeting request that included a project description, location, and the Division's response unless the meeting is waived by the Division.

(C) FERC AND ALL OTHER FEDERAL LICENSES OR PERMITS. For FERC and all other federal licenses or permits for which water quality certifications are required, other than Section 404 permits as referenced in subsection 82.4(A), and Section 402 permits referenced in subsection 82.4(B), application for 401 certifications shall be made via letter to the Division. Fees will be determined consistent with Section 82.4(A)(6) above. The letter of application shall contain the following information:

(2) A completed copy of the Division Certification Request form;

(3) A copy of the federal license or permit for which certification is requested;

(4) A description of the Project which is expected to result in a discharge into waters of the state;

(5) Any readily available water quality related materials that informed the development of the 404 permit application or draft permit; and

(6) A map of Project location, a site plan, and a listing of the selected Control Measures chosen for the Project, in accordance with Clean Water Policy 12.

(D) The "reasonable period of time" establishes, in coordination with the federal permitting agency, the amount of time the Division requires to review the certification request and issue the certification. The reasonable period of time cannot exceed one (1) year after the Division receives a complete application for certification in accordance with the Federal Clean Water Act. The Division and the federal agency may agree on what constitutes a reasonable period of time. If the Division and federal agency do not reach an agreement on what constitutes a reasonable period of time, the length of the reasonable period of time will default to six (6) months after the Division receives a completed application for certification.

The Division can extend the reasonable period of time, upon written notice to the federal permitting agency and applicant, if more time is required to comply with its public notice procedures or if there is a force majeure event (i.e., a natural disaster). This is provided when the extension in either case does not cause the reasonable period of time to exceed the statutory maximum of one (1) year.

(1) The "reasonable period of time" does not begin until a complete 401-certification request application is submitted to the Division. If the Division determines that the 401-certification request application does not include all of the information identified in subsections (A) through (C) above, the Division may request additional water quality related information from the applicant.

(2) The Division can extend the reasonable period of time, upon written notice to the federal permitting agency and applicant, if more time is required to comply with its public notice procedures or if there is a force majeure event (i.e., a natural disaster). No extension shall cause the reasonable period of time to exceed the statutory maximum of one (1) year.

(E) The Division shall send written confirmation to the project applicant and Federal agency of the date that the request for certification was received and the date the application was deemed complete.

5 CCR 1002-82.4

42 CR 01, January 10, 2019, effective 1/31/2019

47 CR 24, December 25, 2024, effective 1/31/2025