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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 Sections 401 and 404
	New Mexico Water Quality Act
	NM Ground and Surface Water Protection Regulations (20.6.2.2001 - 2003 NMAC)

The Federal Clean Water Act (CWA, 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. § 404 of the Act establishes the Dredge or Fill Permit Program. The NPDES permit program is administered by the United States Environmental Protection Agency (US EPA). The Dredge or Fill Permit Program is administered in New Mexico by the United States Army Corps of Engineers (USACE). § 401 of the CWA requires “state certification” of permits issued by a federal agency under the Act. § 401 further requires the states 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 State water quality standards, including the antidegradation policy, and applicable statewide water quality management plans.

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
Bruce Yurdin
Program Manager
SWQB-PSRS
P.O. Box 5469
Santa Fe, NM 87502
(505) 827-2795

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
Draft National Pollutant Discharge elimination System (NPDES) General Permit for Municipal Separate Storm Sewer Systems in the Middle Rio Grande Watershed in New Mexico	NMR04A000	May 1, 2013	July 1, 2013	http://www.gpo.gov/fdsys/pkg/FR-2013-05-01/pdf/2013-10317.pdf	Sarah Holcomb (505) 222-9587
City of Artesia	NM0022268	March 28, 2013	May 31, 2013	www.epa. gov/region6/ water/npdes/ publicnotices	Barbara Cooney (505) 827-0212
Lifeway Glorieta Conference Center	NM00028088	March 28, 2013	April 29, 2013	www.epa. gov/region6/ water/npdes/ publicnotices	Sandra Gabaldon (505) 827-1041
Mora National Fish Hatchery	NM0030031	March 28, 2013	April 29, 2013	www.epa. gov/region6/ water/npdes/ publicnotices	Sarah Holcomb (505) 222-9587
Ranchland Utility Company	NM0030368	March 28, 2013	April 29, 2013	www.epa. gov/region6/ water/npdes/ publicnotices	Sarah Holcomb (505) 222-9587

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

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
Upper Grassy Creek and Springwagon Creek Restoration Project	SPA-2013-00257-ABQ	None	June 23, 2013	Public Notice, Noticia Publico	Neal Schaeffer (505) 827-5469

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, Bruce Yurdin, at (505) 827-2795.

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Surface Water Quality Bureau Point Source Regulation Section Watershed Protection Section

Surface Water Quality Bureau
Point Source Regulation Section
Watershed Protection Section