19910326 Ver 1_Staff Notes_19940519 (4)

Note for John Dorney
From: Boyd DeVane on Thu, May 19, 1994 12:47 PM
Subject: RE: lake gaston
To: Ron Ferrell
Cc: Greg Thorpe; John Dorney
thanks Ron, appreciate you checking into it. I'm not sure that
we have any documentation that says who the Certifying agency is
in NC, unless the Corps has anything. I'm not sure the
Commission is the agency to make the decision. We may be
vulnerable on that point. We probably should ask Nifong if he
has any thoughts on the subject.
From: Ron Ferrell on Thu, May 19, 1994 10:52 AM
Subject: RE: lake gaston
To: Boyd DeVane
40 cfr 121.1(e) Certifying agency means the person or agency
designated by the Governor of a State, by statute, or by other
governmental act, to certify compliance with applicable water
quality standards.
From: Boyd DeVane on Wed, May 18, 1994 10:31 AM
Subject: lake gaston
To: John Dorney; Ron Ferrell
I think it would be a good idea to use the 401 certification on
lake gaston as an excuse to get legislative authority to do
4011's. If you can be working on some rough verbage, I'll get it
in final form. We need decide if it's the Commission or the
Department we want to have the authority. Most things in the
law are given to the EMC and later delegated through our rules
to the director. However, we need to look at the Corps regs and
see who they say must approve 4011s.
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