(a) All applications shall contain a written State certification that the project is consistent with State Water Quality Management work program (see § 35.1513 of this subchapter) and the State Comprehensive Outdoor Recreation Plan (if completed). Additionally, the State shall indicate the priority ranking for the particular project (see § 35.1620-5).
(b) Phase 1 applications shall contain:
(1) A narrative statement describing the specific procedures that will be used by the recipient to conduct the diagnostic-feasibility study including a description of the public participation to be involved (see § 25.11 of this chapter);
(2) A milestone schedule;
(3) An itemized cost estimate including a justification for these costs;
(4) A written certification from the appropriate areawide or State 208 planning agency that the proposed work will not duplicate work completed under any 208 planning grant, and that the applicant is proposing to use any applicable approved 208 planning in the clean lakes project design; and
(5) For each lake being investigated, the information under paragraph (5)(i) of this paragraph (b) and, when available, the information under paragraph (5)(ii) of this paragraph (b).
(i) Mandatory information.
(A) The legal name of the lake, reservoir, or pond.
(B) The location of the lake within the State, including the latitude and longitude, in degrees, minutes, and seconds of the approximate center of the lake.
(C) A description of the physical characteristics of the lake, including its maximum depth (in meters); its mean depth (in meters); its surface area (in hectares); its volume (in cubic meters); the presence or absence of stratified conditions; and major hydrologic inflows and outflows.
(D) A summary of available chemical and biological data demonstrating the past trends and current water quality of the lake.
(E) A description of the type and amount of public access to the lake, and the public benefits that would be derived by implementing pollution control and lake restoration procedures.
(F) A description of any recreational uses of the lake that are impaired due to degraded water quality. Indicate the cause of the impairment, such as algae, vascular aquatic plants, sediments, or other pollutants.
(G) A description of the local interests and fiscal resources committed to restoring the lake.
(H) A description of the proposed monitoring program to provide the information required in appendix A paragraph (a)(10) of this section.
(ii) Discretionary information. States should submit this information when available to assist EPA in reviewing the application.
(A) A description of the lake watershed in terms of size, land use (list each major land use classification as a percentage of the whole), and the general topography, including major soil types.
(B) An identification of the major point source pollution discharges in the watershed. If the sources are currently controlled under the National Pollutant Discharge Elimination System (NPDES), include the permit numbers.
(C) An estimate of the percent contribution of total nutrient and sediment loading to the lake by the identified point sources.
(D) An indication of the major nonpoint sources in the watershed. If the sources are being controlled describe the control practice(s), including best land management practices.
(E) An indication of the lake restoration measures anticipated, including watershed management, and a projection of the net improvement in water quality.
(F) A statement of known or anticipated adverse environmental impacts resulting from lake restoration.
(c) Phase 2 applications shall include:
(1) The information specified in appendix A in a diagnostic/feasibility study or its equivalent;
(2) Certification by the appropriate areawide or State 208 planning agencies that the proposed Phase 2 lake restoration proposal is consistent with any approved 208 planning; and
(3) Copies of all issued permits or permit applications (including a summary of the status of applications) that are required for the discharge of dredged or fill material under section 404 of the Act.
Title 40 published on 2014-07-01
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This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.