5273-S AMS RASM WILB 002

SSB 5273 - S AMD - 066

    By Senator Rasmussen

                                                  WITHDRAWN 3/6/97

    On page 5, after line 28, insert the following:

    "When a project or proposal requires the compensatory mitigation of wetland or habitat impact and a certification by the department provided under the authority of section 401 of the federal water pollution control act amendments of 1972, 22 U.S.C. Sec. 1341, the requirements of this paragraph shall apply.  Such a certification provided for the water quality impacts of the project and required mitigation shall be revoked by the department in the event that the licensing or permitting federal agency denies the license or permit.  Such revocation may be subject to reinstatement by the department in the event that the license or permit is later issued by the federal agency or the application proceedings are remanded to the federal agency following appeal.  However, if in the intervening period the proposed activity has been modified or new water quality information has been identified, the department shall not issue the certification unless compliance with all applicable state water quality requirements in light of the additional information or changes in the proposed activity has been demonstrated.@

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EFFECT OF AMENDMENT: State water quality certifications under the federal Clean Water Act that are required as part of regulatory approval under a habitat mitigation plan are revoked when the federal permit is denied, subject to reissuance if the federal permit is later issued.