Current through Register Vol. XLI, No. 45, November 8, 2024
Section 47-5A-3 - Scope and Effect of Certification3.1. Certifications may impose State standard conditions and any special conditions necessary to comply with applicable state and federal laws. When issuing certification, the Department may consider the proposed activity's impact on water resources, fish and wildlife, recreation, critical habitats, wetlands, and other natural resources under the Secretary's jurisdiction. The State may grant, grant with conditions, deny, or waive certification. If the State denies certification, then the federal license or permit shall not be granted.3.2. Certifications may require compensatory mitigation. 3.2.a. The Secretary shall provide credit for any mitigation that is a required component of the permit issued by the U.S. Army Corps of Engineers pursuant to 33 U.S.C. 1344.3.3. Any condition the Department puts on a State 401 Certification becomes a term or condition of the federal license or permit.