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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

 

ARCHIVAL DRAFT PERMITS

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Pursuant to:
Bulleted item... Clean Water Act Sections 401 and 404
Bulleted item... New Mexico Water Quality Act
Bulleted item... NM Ground and Surface Water Protection Regulations
(20.6.2.2001 - 2003 NMAC)
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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

Sarah Holcomb
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

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Procedures for Certification of Federal National Pollutant Discharge Elimination System Permits are codified at 20.6.2.2001 NMAC.

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Procedures for Certification of Federal Permits for Discharge of Dredged or Fill Material are codified at 20.6.2.2002 NMAC.

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Procedures for Certification of other Federal Permits are codified at 20.6.2.2003 NMAC.

THE DEPARTMENT REVIEWS 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. 


Public notices for the following types of permits are available on the SWQB public notice page.

  • Individual NPDES permits
  • General NPDES permits
  • Individual Dredge or Fill permits
  • General Dredge or Fill permits
  • Other federal permits

To review previously archived DRAFT permits, please click here.


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

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