Overview

Proposed decisions to issue, modify, reissue, deny, or terminate an ND permit must be public noticed prior to the Bureau making the final decision except for minor modifications. If there are significant issues or sufficient public interest in a proposed decision, the Bureau must hold a public hearing. Public hearings must also be public noticed. The notice for a public hearing may be combined with the notice of the proposed permit decision when the Bureau is aware that a hearing is necessary.

Final permit decisions do not have to be public noticed.  Instead, the final determination must be mailed to every person who submitted written comments or requested notice of the final decision.  If a public hearing was held, every person who signed in at the hearing is mailed a copy of the final permit decision and, even though it is not required, the final decision may also be placed in a newspaper of general circulation in the area of the discharge.

All public notices except public hearing notices, must be mailed to the following persons, unless they have asked not to receive public notices:

• the applicant;
• State and Federal Agencies agencies with jurisdiction over fish, shellfish, and wildlife resources and over coastal zone management plans, the Advisory Council on Historic Preservation, the State Historic Preservation Officer,  including affecting States.  In SC, this includes the SC Department of Natural Resource, the SC Department of Archives and History, DHEC's Office of Ocean and Coastal Resource Management, and as appropriate, the States of Georgia or North Carolina;
• the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, National Marine Fisheries Service, and the appropriate Council of Governments;
• Persons on the Bureau's Mailing Lists;

In addition to mailing public notices to the above persons, the Bureau also uses any other method of notice calculated to give actual notice. This includes posting the public notices: on the Bureau's WEB page on Public Notices and in public places, such as post offices, county court house, and town halls.

Public notices on proposed permit issuances, reissuances, modifications, and terminations must include:

• the name and address of the Division in the Bureau of Water that is processing the permit action,
• name and address of the permittee,
• a brief description of the business conducted at the facility,
• the name, address, and telephone phone number of the permit writer,
• a brief description of the comment procedures,
• a brief description of each existing or proposed discharge point and the name of the receiving water, and
• any other information necessary to explain the action being noticed.

If a public notice is for a proposed modification, the proposed permit modifications must be briefly explained. If the public notice is for a public hearing, the notice must give:

• the date of previous public notices related to the permit;
• the date, time, and place of the hearing; and
• a brief description of the nature and purpose of the hearing.

New or Expanding Discharge

Public notices for new or expanding discharges are mailed to the persons listed in Item I. Also, public notices for new or expanding discharges are placed in newspapers of general circulation in the areas of the discharges.  Additionally, for new discharges, the Department posts the notices in locations in the areas of the facilities and/or application sites.

Modification Other Than Expansion

Public notices on proposed modifications, except minor modifications, are mailed to the persons listed in Item I. Also, public notices for major modifications are posted in the County Court Houses of the counties where the facilities are located and the Post Offices and Town Halls of the towns nearest the discharges.  Please note that minor modifications do not have to be public noticed.

Reissuance

All public notices on reissuances of ND permits are mailed to the persons listed in Item I. Public notices on reissuance of ND permits are posted in the County Court Houses of the counties where the facilities are located and the Post Offices and Town Halls of the towns nearest the facilities. For more information on renewals, please visit our ND WEB page on Permit Renewal Information.

Termination

All public notices of termination of ND permits are mailed to the persons listed in Item I. Public notices on termination of ND permits are posted in the County Court Houses of the counties where the facilities are located and the Post Offices and Town Halls of the towns nearest the discharges.

Public Hearings

Public notices on public hearings are placed in newspapers of general circulation in the areas of the discharges.  Additionally, if a previous public notice was issued on the proposed permit decision, the public notice of the hearing will be mailed to every person who sent written comments to the Bureau.