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Surface Water Quality Bureau
Point Source Regulation Section
Watershed Protection Section

Public Notice of
Federal CWA Permits
Being Considered for
State Certification

Pursuant to:
	Clean Water Act Section 401
	New Mexico Water Quality Act
	NM Ground and Surface Water Protection Regulations (20.6.2.2001 - 2003 NMAC)

The Federal Clean Water Act (33 U.S.C 1251 et seq.) requires in Section 301 that “except as in compliance with this section and sections 302, 306, 318, 402, and 404 of this Act, the discharge of any pollutant by any person shall be unlawful.” Section 402 of the Act establishes the National Pollutant Discharge Elimination System (NPDES) permit program. Section 404 of the Act establishes the Dredge or Fill Permit Program. The NPDES permit program is administered by the United States Environmental Protection Agency (USEPA). The Dredge or Fill Permit Program is administered by the United States Army Corps of Engineers (USACOE). Section 401 of the Clean Water Act requires “state certification” of permits issued by a federal agency under the Act. Section 401 further requires the State to have procedures to certify the federally issued permits. The purpose of such certification is to reasonably ensure that the permitted activities will be conducted in a manner that will comply with applicable water quality standards, including the antidegradation policy, and the statewide water quality management plan.

The New Mexico Water Quality Act (Chapter 74, Article 6 NMSA 1978) assigns the responsibility of State certification to the Environment Department (§74-6-4.F). The New Mexico Water Quality Control Commission (WQCC) has adopted regulations consistent with the above requirements, including:

Program Contact for
NPDES & Other Permits
Rich Powell
Acting Program Manager
SWQB-PSRS
P.O. Box 5469
Santa Fe, NM 87502
(505) 827-2798

Program Contact for
Dredge or Fill Permits
Abe Franklin
Program Manager
SWQB-WPS
P.O. Box 5469
Santa Fe, NM 87502
(505) 827-2793

CLICK HERE TO
VIEW REGULATIONS
20.6.2.2001
-2003 NMAC

	Procedures for Certification of Federal National Pollutant Discharge Elimination System Permits are codified at 20.6.2.2001 NMAC.
	Procedures for Certification of Federal Permits for Discharge of Dredged or Fill Material are codified at 20.6.2.2002 NMAC.
	Procedures for Certification of other Federal Permits are codified at 20.6.2.2003 NMAC.

THE DEPARTMENT IS CURRENTLY REVIEWING THE FOLLOWING DRAFT PERMITS FOR THE PURPOSE OF PREPARING A STATE CERTIFICATION OR DENIAL PURSUANT TO SECTION 401 OF THE FEDERAL CLEAN WATER ACT. The Department will accept written comments regarding the draft permit during the comment period. Comments may be submitted electronically or by hard copy to the listed contact person of the Surface Water Quality Bureau at the address above. The Department will consider all comments timely received in its preparation of the State Certification. To review previously archived DRAFT permits, please click here.

NPDES Permits
Individual NPDES Permits

Facility Name	NPDES No.	Date of USEPA Public Notice	Date that Comments must be received at NMED – SWQB (before close of business)	For Information about the draft permit:	Staff Contact Person

General NPDES Permits

Permit Name	NPDES No.	Date of USEPA Public Notice	Date that Comments must be received at NMED – SWQB (before close of business)	For Information about the draft permit:	Staff Contact Person

Dredge or Fill Permits
INDIVIDUAL DREDGE OR FILL PERMITS

Project Name	Permit No. (USACOE Action Number)	Date of USACOE Public Notice	Date that Comments must be received at NMED – SWQB (before close of business)	For Information about the draft permit:	Staff Contact Person
Las Soleras Development	SPA-2012-00029-ABQ	February 8, 2012	May 25, 2012	http://www.spa. usace.a rmy.mil/ reg/publicnotices/ NM/201200029/ spa-2012-00029-ABQ.pdf	Neal Schaeffer (505) 476-3017

NATIONWIDE DREDGE OR FILL PERMITS

Permit Name	Permit No. (USACOE Action Number)	Date of USACOE Public Notice	Date that Comments must be received at NMED – SWQB (before close of business)	For Information about the draft permit:	Staff Contact Person

Other Federal Permits

Facility Name	Permit No.	Date of Public Notice	Date that Comments must be received at NMED – SWQB (before close of business)	For Information about the draft permit:	Staff Contact Person

For more information about the Procedures for Certification of Federal Permits Pursuant to CWA § 401 in New Mexico, please contact SWQB's Point Source Regulation Section Program Manager (Acting) Rich Powell at (505) 827-2798.

Surface Water Quality Bureau Point Source Regulation Section Watershed Protection Section

Surface Water Quality Bureau
Point Source Regulation Section
Watershed Protection Section