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Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Rules and Regulations 6 Other projects. Other projects, including without limitation, mine dewatering, water resources remediation projects, and AMD facilities that qualify as a withdrawal.
i In lieu of a hydrogeologic evaluation, a copy of approved reports prepared for any other purpose or as required by other governmental regulatory agencies that provides a demonstration of the hydrogeologic and/or hydrologic effects and limits of said effects due to operation of the project and effects on local water availability.
ii Any data or reports that demonstrate effects of the project are consistent with those reports provided in paragraph d6i of this section.
iii Demonstration of continued need for expiring approved water source and quantity.

7. Revise 806.15 to read as follows:

806.15

Notice of application.

a Except with respect to paragraphs e, f, and g of this section, any project sponsor submitting an application to the Commission shall provide notice thereof to the appropriate agency of the member State, each municipality in which the project is located, and the county and the appropriate county agencies in which the project is located. The project sponsor shall also publish notice of submission of the application at least once in a newspaper of general circulation serving the area in which the project is located. The project sponsor shall also meet any of the notice requirements set forth in paragraphs b through d of this section, if applicable.
All notices required under this section shall be provided or published no later than 20 days after submission of the application to the Commission and shall be in a form and manner as prescribed by the Commission.
b For withdrawal applications submitted pursuant to 806.4a2 for new projects, major modifications, and renewals requesting an increase, the project sponsor shall also provide the notice required under paragraph a of this section to each property owner listed on the tax assessment rolls of the county in which such property is located and identified as follows:
1 For groundwater withdrawal applications, the owner of any property that is located within a one-quarter mile radius of the proposed withdrawal location.
2 For surface water withdrawal applications, the owner of any property that is riparian or littoral to the body of
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water from which the proposed withdrawal will be taken and is within a one-half mile radius of the proposed withdrawal location.
3 For groundwater withdrawal applications, the Commission or Executive Director may allow notification of property owners through alternate methods where the property of such property owner is served by a public water supply.
c For projects involving a diversion of water out of the basin, the project sponsor shall also publish a notice of the submission of its application at least once in a newspaper of general circulation serving the area outside the basin where the project proposing to use the diverted water is located. For projects involving a diversion of water into the basin, the project sponsor shall also publish a notice of the submission of its application at least once in a newspaper of general circulation serving the area outside the basin where the withdrawal of water proposed for diversion is located.
d The project sponsor shall provide the Commission with a copy of the United States Postal Service return receipt or the verified return receipt from a comparable delivery service for the notifications to agencies of member States, municipalities, counties and appropriate county agencies required under this section. The project sponsor shall also provide certification on a form provided by the Commission that it has published the newspaper notices required by this section and made the landowner notifications as required under paragraph b of this section, if applicable. The project sponsor shall maintain all proofs of publication and records of notices sent under this section for the duration of the approval related to such notices.
e For Notices of Intent NOI seeking coverage under a general permit, the project sponsor shall provide notice of the NOI to the appropriate agency of the member State and each municipality and county and appropriate county agencies in which the project is located and any additional notice identified in the general permit.
f For applications for minor modifications and approvals by rule under 806.22e, the project sponsor shall provide notice of the application to the appropriate agency of the member State and each municipality and county and appropriate county agencies in the which the project is located.
g For NOIs seeking an approval pursuant to 806.22f, the project sponsor shall provide notice of the application to the appropriate agency of the member State, each municipality,
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county and appropriate county agencies, and the owner of the property on or in which the drilling pad site is located.
For requests for approval submitted under 806.22f13, the project sponsor shall provide notice of the application to the appropriate agency of the member State, each municipality, county and appropriate county agencies in which the public water supply is located.
8. Amend 806.18 by revising paragraph c to read as follows:

806.18

Approval modifications.

c Minor modifications. The following are minor modifications:
1 Correction of typographical or other errors;
2 Changes to monitoring or metering conditions;
3 Addition, amendment or removal of sources of water for consumptive use or project descriptions;
4 Changes to the authorized water uses;
5 Changes to conditions setting a schedule for developing, implementing, and/or reporting on monitoring, data collection and analyses;
6 Changes to the design and minor changes to the location of intakes;
7 Increases to total system limits that were established based on the projected demand of the project; and 8 Modifications of extraction well network used for groundwater remediation systems.
9 Adjustments to a term of an approval to align the approval with a member jurisdiction approval or another docket approval by the Commission.
10 Changes to the method of consumptive use mitigation to payment of the mitigation fee, providing for discontinuance, use of storage or an adequate conservation release in accordance with a previous Commission determination.
11 Addition of stormwater as a source of consumptive use, including an increase to the total consumptive use related to the stormwater use.
12 Extension of the date of commencement of a withdrawal, diversion or consumptive use established under 806.31b.

9. Amend 806.22 by revising paragraphs e6 and 8 and f4 and 11 through 13, and removing and reserving paragraph f14.
The revisions read as follows:

806.22
water.

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Standards for consumptive use of

24SER1