The department shall notify other appropriate government
agencies of each draft permit determination and shall provide such agencies an
opportunity to submit their written views and recommendations. Such
notification shall include the following:
(1) Unless the regional administrator has
agreed to waive review, transmission of an application, fact sheet, and draft
permit to the regional administrator for comment or objection within thirty
days, or a longer period if requested up to a maximum of ninety days.
(2) At the time of issuance of public notice
pursuant to WAC
173-220-050, transmission of the
public notice to any other states whose waters may be affected by the issuance
of a permit. Each affected state shall be afforded an opportunity to submit
written recommendations to the department and to the regional administrator
which the department may incorporate into the permit if issued. Should the
department fail to incorporate any written recommendations thus received, it
shall provide to the affected state or states (and to the regional
administrator) a written explanation of its reasons for failing to accept any
of the written recommendations.
(3)
Unless waived by the respective agency, the public notice shall be sent to the
appropriate district engineer of the Army Corps of Engineers, the United States
Fish and Wildlife Service, the National Marine Fisheries Service, the state
departments of fisheries, natural resources, wildlife, and social and health
services, the archaeology and historic preservation office, the agency
responsible for the preparation of an approved plan pursuant to section 208(b)
of the FWPCA, applicable Indian tribes and any other applicable government
agencies.
(4) A copy of any written
agreement between the department and an agency identified in subsection (3) of
this section which waives the receipt of public notices shall be forwarded to
the regional administrator and shall be made available to the public for
inspection and copying.
(5) Copies
of public notices shall be mailed to any other federal, state, or local agency,
Indian tribe or any affected country, upon request. Such agencies shall have an
opportunity to respond, comment, or request a public hearing pursuant to WAC
173-220-090.
