JOINT PUBLIC NOTICE UNDER SECTION 404 OF THE CLEAN WATER ACT
SUMMARY OF PROPOSED ACTION: The U.S. Army Corps of Engineers, Albuquerque District (Corps) and the New Mexico Environment Department’s Surface Water Quality Bureau (SWQB), requests comments on Regional General Permit (RGP) NM-14-01 for stream stabilization and water quality improvement projects located in urban ephemeral channels within the State of New Mexico. The purpose of this public notice is to inform interested parties of the availability of the draft RGP and to solicit comments.
AUTHORITY: Section 404 of the Clean Water Act for the discharge of dredged or fill material in all waters of the United States. State water quality certification is provided under authority of 20.6.2 NMAC.
AREA OF COVERAGE: The RGP is applicable to ephemeral channels located in urban/developed environments within the geographical boundaries of the Albuquerque District in the State of New Mexico.
SCOPE OF ACTIVITIES: RGP NM-14-01 authorizes discharges of dredged or fill material into ephemeral channels determined to be Waters of the United States for stream stabilization and water quality improvement activities. Examples of work that maybe undertaken under this permit, upon authorization by the District Engineer (DE), include but are not limited to:
(1) Bank stabilization projects that exceed the thresholds for Nationwide Permit (NWP) 13 and are determined by the Corps to result in minimal impacts to the aquatic environment.
(2) Construction of grade control structures, energy dissipaters, and flow deflection structures.
(3) Installation of water quality improvement features (e.g. debris containment structures).
(4) Any combination of these types of activities if the proposed undertaking will result in minimal impacts to the aquatic environment.
SUBMITTAL OF WATER QUALITY CERTIFICATION COMMENTS: Section 401 requires that any applicant for an individual Section 404 permit provide proof of water quality certification to the Corps of Engineers prior to permit issuance. This notice serves to notify the public that the SWQB will consider issuing a certification under Section 401 of the Clean Water Act. The purpose of such certification is to reasonably ensure that the permitted activities will be conducted in a manner compliant with applicable New Mexico water quality standards, including the antidegradation policy, and the statewide water quality management plan. This Notice, including notice of the 30-day public comment period, is also posted on the SWQB website at http://www.nmenv.state.nm.us/swqb/WQA/Notice/. SWQB will accept and consider written comments regarding the state water quality certification received during the public comment period. Comments may be submitted electronically or by hard copy to:
New Mexico Environment Department SWQB
P.O. Box 5469
Santa Fe, NM 87502-5469
Please note that names and addresses of those who submit comments in response to this public notice may be made publicly available through the Freedom of Information Act, the New Mexico Inspection of Public Records Act, or both.
OTHER GOVERNMENTAL AUTHORIZATIONS: The Corps is requesting water quality certification under Section 401 of the Clean Water Act from Native American Tribes in New Mexico that have been granted this authority by the EPA.
Comments on the draft RGP may be submitted to:
PROJECT MANAGER: Chris Parrish
PHONE: (505) 342-3374
FAX: (505) 344-1514
Comments must be received by March 11, 2014.