15A NCAC 02H .0503. PUBLIC NOTICE

(a)  Notice by Publication.  Notice of each pending application for an individual certification shall be published one time in a newspaper having general circulation in the county in which the discharge will occur, or as provided in Paragraph (c) of this Rule.  Publication shall be made at least 15 days prior to proposed final action by the Director upon the application and not more than 20 days after acceptance of a completed application.

(b)  Contents of Notice.  The notice shall set forth the name and address of the applicant; the action requested in the application; the nature and location of the discharge; and the proposed date of final action to be taken by the Director upon the application.  The notice shall also state that additional information is on file with the department and may be inspected at any time during normal working hours.  Copies of such information on file shall be made available upon request and upon payment of the cost thereof to the department.

(c)  The public notice requirement may also be satisfied by a joint notice with the Division of Coastal Management (15A NCAC 7J .0206) or the U.S. Army Corps of Engineers according to their established procedures.

(d)  Notice of Hearing.  If the Director determines that a hearing should be held concerning the granting or denial of the application, the Director shall publish notice of the hearing one time in a newspaper having general circulation in the county in which the discharge will occur.  The notice shall be published at least 30 days prior to the date of the hearing.  The notice shall state the time, place and nature of the hearing.

(e)  Water Quality Certification Mailing List. Any person, may request that he or she be mailed copies of all public notices required by this Rule.  The Director shall add the name of any such person to a water quality certification mailing list and shall mail copies of notices to all persons on the list.

(f)  Payment of Costs of Public Notice.  The applicant shall pay to the department the costs of advertising public notice required by Paragraphs (a) and (d) of this Rule.  Certification shall be withheld until such costs have been paid.

 

History Note:        Authority G.S. 143-215.3(a)(1); 143‑215.3(c); 143B-282(1)(u);

Eff. February 1, 1976;

Amended Eff. December 1, 1984; September 1, 1984

RRC Objection Eff. July 18, 1996 due to lack of statutory authority and ambiguity;

Recodified from 15A NCAC 2H .0502 Eff. October 1, 1996;

Amended Eff. October 1, 1996.