A. Preliminary Interagency Meeting. The
Department may convene at any time a meeting of commenting agencies and the
applicant to provide assistance to the applicant, to explain the statutory
requirements and areas of agency concern, to provide a preliminary review of
the proposal, or to otherwise expedite the administrative aspects of filing an
application for a permit.
B.
Proposed Activity Requiring Only State Construction in
Navigable Waters
Permits. Except for applications filed with federal agencies described below,
applications for a state permit shall be made to the
Department on forms
provided by the
Department containing, but not limited to:
1. the name and address of the
applicant;
2. the location of the
proposed activity, including the navigable stream where the construction or
activity is contemplated. An appropriate map of the area should be
included;
3. a brief description of
the proposed activity, its purpose and intended use, including a drawing of the
type of structures and method of construction including a drawing of the type
of structures and method of construction including size
specifications;
4. a plan and
elevation drawing showing the general and specific site locations and character
of all proposed activities including the size relationship of the proposed
structures to the size of the impacted waterway and depth of water in the area
and the distance of encroachment of the activity into the water. A handdrawn
sketch showing the size and shape of the structure and a location map will be
considered sufficient detail for docks, piers, boardwalks or bulkheads without
fill and extending no more than fifty (50) feet from the shoreline;
5. evidence of ownership or the consent of
the owners of the adjacent high land on which any part of the projected
activity will be located;
6.
certification that the applicant has or will publish a notice describing the
application in a newspaper of general or local circulation in the county where
the encroachment is sought one time. Proof of the publication shall be
furnished promptly, and the notice by the applicant shall be in the
substantially the following form:
PUBLIC NOTICE
(Applicant) has applied to the South Carolina Department of
Health and Environmental Control for a Construction in Navigable Waters Permit
to (brief description of work) for (public/private) use in (name and location
of waterbody). Comments will be received by South Carolina Department of Health
and Environmental Control at 2600 Bull St., Columbia, SC, 29201, ATTN: Division
of Water Quality and Shellfish Sanitation, until (insert date -15 days from
date of this notice).
7.
When considered appropriate by the Department, additional information may be
required.
C. The
Department shall promptly issue a notice to affected state agencies and make
such other notice as it deems appropriate no later than fifteen (15) days after
receipt of all information necessary to process the application.
D. Activity Requiring Construction in
Navigable Waters and Federal Permits
1. When
the applicant must obtain authorization from Corps of Engineers or the Coast
Guard pursuant to federal law, he is directed to make application to those
agencies in the style and on the forms provided by them. By agreement the above
applications to federal agencies may be jointly used by the federal agencies
and the State and no separate application may be required for the State
permit.
2. The federal permitting
agency shall publish and provide to interested agencies, groups and persons a
joint public notice or public notice letter containing the permit application
and clearly stating the requirement of a State permit and if required,
certification that the permitted activity does not contravene the Coastal Zone
Management Plan. Note: The federal permitting agency may require a certificate
of water quality or waiver thereof from the Department of Health and
Environmental Control.
E. Upon receipt of the joint public notice
the
Department shall notify the applicant that a state permit may or may not be
required, and if, on the face of the joint public notice or application
therein, it appears to the
Department that insufficient or inaccurate
information is presented, the
Department shall notify the applicant and request
such additional or corrected information as may be necessary, and that in
addition to the joint public notice or public notice letter provided by
government agencies, the applicant must publish a notice describing the
application in a newspaper of general or local circulation in the county where
the encroachment is sought one time. Proof of the publication shall be
furnished promptly, and the notice by the applicant shall be in the
substantially the following form:
PUBLIC NOTICE
(Applicant) has applied to the South Carolina Department of
Health and Environmental Control for a Construction in Navigable Waters Permit
to (brief description of work) for (public/private) use in (name and location
of waterbody). Comments will be received by South Carolina Department of Health
and Environmental Control at 2600 Bull St., Columbia, SC, 29201, ATTN: Division
of Water Quality and Shellfish Sanitation, until (insert date - 15 days from
date of this notice).
F.
Processing of the State permit application by the Department shall commence
upon receipt of the joint public notice and shall be processed concurrently but
separately from any federal authorization.
