Current through Register Vol. 56, No. 18, September 16, 2024
(a) An applicant shall provide public notice in
accordance with this subchapter for the following:
1. An application for a verification, pursuant to
N.J.A.C. 7:13-5, which is based on Methods 4, 5, or 6, pursuant to
7:13-3.4(f)
,
3.5, and 3.6, respectively;
2. An application for an authorization under a
general permit-by-certification pursuant to N.J.A.C. 7:13-6 and 8;
3. An application for an authorization under a
general permit pursuant to N.J.A.C. 7:13-6 and 9, except for general permit 1 for
channel cleaning under the Stream Cleaning Act at 7:13-9.1
;
4. An application for an
individual permit pursuant to N.J.A.C. 7:13-10, 11, and 12;
5. A mitigation proposal pursuant to N.J.A.C.
7:13-13, which is not submitted as part of an application for an individual permit;
and
6. An application for a major
technical modification pursuant to N.J.A.C.
7:13-22.5(e).
(b) An applicant is not required to
provide public notice for the following:
1. A
request for an applicability determination pursuant to
N.J.A.C.
7:13-2.5;
2. An application for a revision of a Department
delineation pursuant to
N.J.A.C.
7:13-3.7;
3. An application for a verification that is based
on Methods 1, 2, or 3, pursuant to 7:13-3.3
, 3.4(d), or (e), respectively;
4. Conducting an activity under a permit-by-rule
pursuant to N.J.A.C. 7:13-6 and 7;
5. An
application for authorization under general permit 1 pursuant to
7:13-9.1
;
6. An application for an emergency authorization
pursuant to N.J.A.C. 7:13-16;
7. An
application for an extension of the term of a verification, authorization under a
general permit, or individual permit pursuant to
N.J.A.C.
7:13-22.3;
8. The transfer of a verification, authorization
under a general permit, or individual permit pursuant to
N.J.A.C.
7:13-22.4; and
9. An application for an administrative or minor
technical modification pursuant to
N.J.A.C.
7:13-22.5(c) or (d),
respectively.
(c) When a
proposed regulated activity or project requires more than one approval under this
chapter, or requires, in addition, an approval under the Coastal Zone Management
Rules at N.J.A.C. 7:7 and/or the Freshwater Wetlands Protection Act
Rules at N.J.A.C. 7:7A, an applicant may provide combined public
notice for all applications submitted, provided the combined notice meets all of the
notice requirements applicable to each application.
(d) Failure to provide public notice as required
under this subchapter shall be cause for the Department to cancel an application
under N.J.A.C.
7:13-21.5.
