The department will coordinate with the Corps in the processing of certification applications for activities requiring permits from the Corps pursuant to Section 404 of the Clean Water Act, as follows:
- (1) An application to the Corps for a permit constitutes an application for certification, provided that the department may request additional information as described in OAR 340-048-0020(2).
- (2) The Corps provides public notice of and opportunity to comment on the applications, including the application for certification, provided that the department, in its discretion, may provide additional opportunity for public comment, including public hearing.
- (3) The department must evaluate the certification application in accordance with OAR 340-048-0042(2) and any public comments.
- (4) The Director’s certification decision must be forwarded to the applicant and the Corps.
Statutory/Other Authority
ORS 468.035, 468.065 & 468B.035
Statutes/Other Implemented
ORS 468B.035 & 33USC 1341
History
Renumbered from 340-048-0024, DEQ 2-2004, f. & cert. ef. 4-15-04
DEQ 12-1999, f. & cert. ef. 8-11-99