Current through Register Vol. XLI, No. 40, October 4, 2024
Section 47-5A-5 - Public Notice, Public Hearings5.1. Public Notice. 5.1.a. Upon the Certification application being deemed complete by the Department, the applicant shall place a one- time Class I legal advertisement in a qualified newspaper of general circulation in the county of the proposed activity. There will be a (30) day comment period from the date of publication. Nothing herein prohibits a joint public notice process with the U.S. Army Corps of Engineers. Each advertisement shall contain at a minimum the following: 5.1.a.1. Any other State issued permit numbers, if applicable and available.5.1.a.2. A clear and accurate location map of a scale and detail found in the West Virginia General Highway Map. The map size will be at a minimum four inches (4") by four inches (4"). Longitude and latitude line and north arrow will be indicated on the map and such lines will cross at or near the center of the activity for which the applicant is seeking certification.5.1.a.3. The name and business address of the applicant including a street address or route number.5.1.a.4. A narrative description clearly describing the location of the activity for which the applicant is seeking certification.5.1.a.5. The name(s) of the receiving stream(s) into which the discharge of fill material will be placed.5.1.a.6. The location where a copy of the application for certification is available for public review.5.1.a.7. The name and address of the Department of Environmental Protection Office where written comments or requests for a public hearing, on the application for certification may be submitted.5.1.a.8. The type of operation being permitted; and5.1.a.9. The type of federal permit being sought.5.1.b. The advertisement and publication dates for the application for certification shall be certified and notarized by the publishing newspaper. The certificate of publication shall be made part of the approved application no later than four (4) weeks after the last date of publication.5.1.c. Any person having an interest that is or may be adversely affected by the activity that is the subject of the application for certification, has the right to file written comments or objections to the application with the Secretary within thirty (30) days after the publication date of the advertisement required in subdivision 5.1.a. above. Where a public hearing is granted the public comment period will be extended to the close of the hearing.5.1.d. Federal Energy Regulatory Commission Licenses. Applicants for State certification of activity licensed by FERC shall provide notice of the same by publishing a Class II legal advertisement in a newspaper of general circulation in the county in which the activity will take place and in a principle newspaper of regional circulation in the area where the project is located. Such notice will describe the activity, advise the public of the scope of certification, their rights to comment on the proposed activity and to request a public hearing, and will also inform the public to whom they should send their requests and comments.5.1.e. Submission of Comments to Applicant; Response. -- Any comments and information received by the Department may be forwarded to the applicant so that the applicant may resolve disputes raised, rebut adverse comments and information, or supplement its application based on such comments and information. The Department will prepare a response to significant comments.5.2. Public Hearings. 5.2.a. The decision to hold a public hearing lies within the discretion of the Secretary. The Secretary will evaluate all requests for a public hearing and make a decision based on such requests.5.2.b. Requests made to the Secretary should explain the need for the public hearing and set forth the kind of information, material or comments the requester expects to give at the hearing.5.2.c. The Secretary, at his or her discretion, may hold a public hearing without a request for the same.5.2.d. The Secretary shall send a written notice to all parties requesting the public hearing. The applicant shall publish a Class I legal advertisement in a qualified newspaper of general circulation in the county where the proposed activity shall occur. Such hearing notice shall be sent and published at least thirty (30) days prior to the hearing date and shall include all pertinent information including, location, date and time.5.2.e. The applicant shall bear the cost of publishing any notice.