NAC445A.235. Notice to other governmental agencies.

The Director shall notify other appropriate governmental agencies of each complete application for a permit, except for a temporary permit, and shall provide the agencies with an opportunity to submit their written views and recommendations. Procedures for such notification must include the following:

     1. At the time of issuance of a public notice, pursuant to NAC 445A.234, transmission of a fact sheet to any other states whose waters may be affected by the issuance of a permit and, upon request, providing such states with a copy of the application and a copy of the draft permit prepared pursuant to subsection 2 of NAC 445A.233. Each affected state must be given an opportunity to submit written recommendations to the Director and to the Regional Administrator which the Director may incorporate into the permit if issued. Should the Director fail to incorporate any written recommendations thus received, he or she shall provide to the affected state or states, and to the Regional Administrator, a written explanation of his or her reasons for failing to accept any of the written recommendations.

     2. A procedure, similar to that prescribed by subsection 1, for notifying any interstate agency having water quality control authority over waters which may be affected by the issuance of a permit.

     3. At the time of issuance of a public notice pursuant to NAC 445A.234, transmission of a fact sheet to the appropriate district engineer of the Army Corps of Engineers for applications involving discharges to navigable waters. A copy of any written agreement made pursuant to this subsection between the Director and a district engineer must be forwarded to the Regional Administrator and must be made available to the public for inspection and copying.

     4. A procedure for mailing copies of fact sheets of applications for permits to any other federal, state or local agency upon request and providing such agencies an opportunity to respond, comment or request a public hearing pursuant to NAC 445A.238.

     5. Procedures for notice to and coordination with appropriate public health agencies for the purpose of assisting the applicant in coordinating the applicable requirements of the Act with any applicable requirements of such public health agencies.

     [Environmental Comm’n, Water Pollution Control Reg. §§ 4.4-4.4.5, eff. 2-26-75]—(NAC A by R020-99, 9-27-99)