5 Colo. Code Regs. § 1002-82.4

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

Section 5 CCR 1002-82.4 - APPLICATION FOR WATER QUALITY CERTIFICATION

(A) USACE SECTION 404. Application for state water quality certifications shall include:

(1) A completed copy of the Division's Clean Water Act (CWA) Section 401 Water Quality Certification request form.

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

(3) A map of Project location, a site plan, and a listing of the selected BMPs chosen for the Project, in accordance with subsection 82.6(B) of this regulation; and

(4) Appropriate fees for processing the 401 certification. Tiers are determined by the Division at the time of application. For Tier 1 and 2 Projects, application fees are due at the time the application is submitted to the Division. For Tier 3 and 4 Projects, the Division will meet with the applicant before applications 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.

(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 , and Section 402 permits referenced in subsection 82.4 , application for 401 certifications shall be made via letter to the Division. Fees will be determined consistent with Section 82.4 above. The letter of application shall contain the following information.

(1) Name, address, and phone number of the applicant;

(2) The federal license or permit for which certification is requested;

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

(4) All water quality data, reports, and analyses which describe the existing and projected water quality for those waters affected by the Project;

(5) A map of Project location, a site plan, and a listing of the selected BMPS: chosen for the Project, in accordance with subsection 82.6(B) of this regulation.

(D) ADDITIONAL INFORMATION. The Division may request additional water quality related information from the applicant if the information contained in the federal application or the application for certification is deemed insufficient to reach a certification decision.

5 CCR 1002-82.4

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