15A NCAC 02H .0503      PUBLIC NOTICE AND PUBLIC HEARING

(a)  The Division shall provide public notice for proposed General Certifications. This notice shall be sent to all individuals on the mailing list described in Paragraph (g) of this Rule and posted on the Division's website: https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-permitting-branch/public-notices. Notice shall be made at least 30 calendar days prior to issuance of the General Certification by the Division. Public notice shall not be required for those activities covered by Certificates of Coverage under a General Certification.

(b)  Notice of each pending application for an individual certification shall be sent to all individuals on the mailing list described in Paragraph (g) of this Rule and shall be posted on the Division's website. Notice shall be made at least 30 calendar days prior to proposed final action by the Division on the application.

(c)  The notice shall set forth:

(1)           the name and address of the applicant;

(2)           the action requested in the application;

(3)           the nature and location of the discharge; and

(4)           the proposed date of final action to be taken by the Division on the application.

The notice shall also state where additional information is available online and on file with the Division. Information on file shall be made available upon request between 8:00 am and 5:00 pm, Monday through Friday, excluding State holidays, and copies shall be made available upon payment of the cost thereof to the Division pursuant to G.S. 132-6.2.

(d)  The public notice requirement for an individual certification as described in Paragraph (b) of this Rule may be satisfied by a joint notice with the Division of Coastal Management (15A NCAC 07J .0206) or the U.S. Army Corps of Engineers according to their established procedures.

(e)  Any person who desires a public hearing on a General Certification or an individual certification application shall so request in writing to the Division at the address listed in Rule .0502 of this Section. The request must be received by the Division within 30 calendar days following the Public Notice.

(f)  If the Director determines that there is significant public interest in holding a hearing, based upon such factors as the reasons why a hearing was requested, the nature of the project, and the proposed impacts to waters of the State, the Division shall notify the applicant in writing that there will be a hearing. The Division shall also provide notice of the hearing to all individuals on the mailing list as described in Paragraph (g) of this Rule and shall post the notice on the Division's website. The notice shall be published at least 30 calendar days prior to the date of the hearing. The notice shall state the time, place, and format of the hearing. The notice can be combined with the notice required under Paragraph (c) of this Rule. The hearing shall be held within 90 calendar days following date of notification to the applicant. The record for each hearing held under this Paragraph shall remain open for a period of 30 calendar days after the public hearing to receive public comments.

(g)  Any person may request that he or she be emailed copies of all public notices required by this Rule. The Division shall add the email address of any such person to an email listerv and shall email copies of notices to all persons on the list.

(h)  Any public hearing held pursuant to this Rule may be coordinated with other public hearings held by the Department or the U.S. Army Corps of Engineers.

History Note:        Authority G.S. 143-211(c); 143-215.3(a)(1); 143‑215.3(c); 143B-282(a)(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 02H .0502 Eff. October 1, 1996;

Amended Eff. October 1, 1996;

Readopted Eff. June 1, 2019.