15A NCAC 02H .0502      APPLICATION

(a)  Application for Certification.  Any person, as defined in Article 21, Chapter 143, North Carolina General Statutes, desiring issuance of the state certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act as amended shall file with the Director of the North Carolina Division of Water Quality (director), at the office in Raleigh, North Carolina, an original and six copies of an application for certification.  Submission of an application to the Division of Coastal Management for permits to develop in North Carolina's coastal area shall suffice as an application for certification.  The application shall specify:

(1)           the date of application;

(2)           the name, address, and phone number of the property owner;

(3)           if the applicant is a corporation, the state in which it is domesticated, the name of its principal officers, the name and address of the North Carolina process agency, and the name of the individual who shall be primarily responsible for the conduct of the activity for which certification is sought;

(4)           the nature of the activity to be conducted by applicant;

(5)           whether the discharge has occurred or is proposed;

(6)           the location of the discharge, stating the municipality, if applicable; the county; the drainage basin; the name of the receiving waters; and the location of the point of discharge with regard to the receiving waters;

(7)           a description of the receiving waters, including type (creek, river, swamp, canal, lake, pond or estuary) if applicable; nature (fresh, brackish or salt); and wetland classification;

(8)           description of the type of waste treatment facilities if applicable.

(b)  Maps.  There shall be attached to the application a map(s) or sketch(es) of sufficient detail to accurately delineate the boundaries of the lands owned or to be utilized by the applicant in carrying out its activity; the location, dimensions and type of any structures erected or to be erected on said lands for use in connection with the activity; and the location and extent of the receiving waters including wetlands within the boundaries of said lands.

(c)  Power to Request Additional Information.  The Director may request, and the applicant shall furnish, any additional informa­tion that may be found necessary for the proper consideration of the application.

(d)  Omissions From Applications.  If the applicant considers that it is not feasible or is unnecessary to furnish any portion of the information required by Paragraphs (a) and (b) of this Rule, applicant shall submit a detailed statement explain­ing the reasons for omission of any such information.

(e)  Investigations.  The staff of the Department of Environment, Health, and Natural Resources (department) shall conduct such investigation as the Director deems necessary; and applicant shall cooperate in the investigation to the extent that it shall furnish necessary information, allow the staff safe access to the lands and facilities of the applicant and lend such assistance as shall be reasonable.

(f)  Who Must Sign Applications.  The application shall be considered a "valid application" only if the application bears the signature of a responsible officer of the company, municipal official, partner or owner.  This signature certifies that the applicant has title to the property, has been authorized by the owner to apply for certification or is a public entity and has the power of eminent domain.  Said official in signing the application shall also certify that all information contained therein or in support thereof is true and correct to the best of his knowledge.

(g)  An application form may be obtained from the Division of Water Quality, the Division of Coastal Management, or the U.S. Army Corps of Engineers, Wilmington District, Regulatory Branch.


History Note:        Authority G.S. 143-215.3(a)(1); 143‑215(c); 143B-282(1)(u);

Eff. February 1, 1976;

Amended Eff. December 1, 1984; January 1, 1979;

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

Recodified from 15A NCAC 2H .0501 Eff. October 1, 1996;

Amended Eff. October 1, 1996.