WILLIAM DONALD SCHAEFER, Governor Ch. 305

(4) (3) If plans of other projects which conform to
water resources development plans accepted and adopted by the
Department were subject to public hearing and the Department's
review finds no changed conditions in them since the last public
review and comment to justify another hearing.

(5) (4) If temporary structures constructed to
provide access across streams during construction operations or
to trap sediment or achieve another similar purpose meet minimum
design standards the Department establishes, and are removed
completely, in a manner acceptable to the Department, within six
months after need for the structure is terminated.

(6) (5) If the requested waterway construction
permit is for temporary excavation, filling, or grading for the
installation of utilities which meet minimum design standards
acceptable to the Department and preconstruction contours which
are to be reestablished upon installation of the utility.

(7) (6) If the requested waterway construction
permit is for clearing and grading activities disturbing less
than 5,000 square feet of land area and disturbing less than 100
cubic yards of earth.

(8) If the requested appropriation or use of waters
of the State is for an average annual water use of less than
[10,000] 50,000 gallons per day.

[(e)] (K) The Department shall provide periodic written

notice of applications to the Department for waterway

construction permits for which the public hearing requirement may
be waived under subsection [(d)] (J) of this section to any
interested person who may request this notice.

(L) THE DEPARTMENT SHALL PROVIDE TO ANY INTERESTED PERSON A
PERIODIC WRITTEN REPORT OF WATERWAY CONSTRUCTION PERMIT
APPLICATIONS FOR WHICH THE PUBLIC NOTICE AND HEARING REQUIREMENTS
MAY BE HAVE BEEN WAIVED UNDER SUBSECTION (K) OF THIS SECTION.

[(f)] (L) (M) The Department shall waive notice
requirements and the holding of a public hearing if the requested
appropriation or use of waters of the State is for an
agricultural use in effect prior to July 1, 1993.

(N) NOWITHSTANDING ANY OTHER REQUIREMENT OF THIS SECTION:

(1)  THE DEPARTMENT MAY WAIVE THE NOTICE REQUIREMENTS
OF THIS SECTION AND THE HOLDING OF A HEARING IF THE REQUESTED
APPROPRIATION OR USE OF WATERS OF THE STATE IS FOR AN AVERAGE
ANNUAL WATER USE OF 10,000 GALLONS PER DAY OR LESS . ; AND

(2)  THE DEPARTMENT MAY WAIVE THE HOLDING OF A PUBLIC
INFORMATIONAL HEARING IF THE REQUESTED APPROPRIATION OR USE OF

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