New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES
Subchapter 19 - APPLICATION REVIEW
Section 7:7A-19.1 - General application review provisions

Universal Citation: NJ Admin Code 7:7A-19.1

Current through Register Vol. 56, No. 18, September 16, 2024

(a) This subchapter sets forth the review procedures for applications for a letter of interpretation, applications for authorization under a general permit, applications for an individual permit, and applications for a transition area waiver. These procedures also apply to applications for a water quality certificate.

(b) The review procedures for the following are set forth elsewhere in this chapter:

1. For a request for a written determination of exemption from the permit requirements of this chapter, see N.J.A.C. 7:7A-2.6 ;

2. For a mitigation proposal, see N.J.A.C. 7:7A-11;

3. For a request for an emergency authorization, see N.J.A.C. 7:7A-14; and

4. For a request to extend, transfer, or modify a letter of interpretation or an approval, see N.J.A.C. 7:7A-20.4, 20.5, or 20.6, respectively.

(c) An applicant may submit a revised application at any time during the application review process. Except for applications for authorization under general permit 25 for minor channel cleaning for local government agencies at N.J.A.C. 7:7A-7.25, the applicant shall send a copy of the revised portions of the application to the municipal clerk of each municipality in which the site is located and shall provide notice explaining the revisions to any person listed at N.J.A.C. 7:7A-17.3(b) whom the Department determines would likely be affected by the revised application. The applicant shall provide documentation in accordance with N.J.A.C. 7:7A-17.5 that the notice was provided.

1. If an applicant submits a revised application less than 30 calendar days prior to the deadline for Department decision established pursuant to N.J.A.C. 7:7A-19.7(b), the revised application shall state that the applicant consents to a 30-calendar day extension of the decision deadline in accordance with N.J.A.C. 7:7A-19.7(c).

(d) In reviewing an application, the Department shall apply the requirements of this chapter in effect at the time the application is declared complete for review.

(e) The Department shall publish notice in the DEP Bulletin of the receipt of each administratively complete application, the status of the application during review, and the Department's decision to approve or deny the application. Publication in the DEP Bulletin constitutes constructive notice to interested persons of Department actions on applications for a letter of interpretation, applications for authorization under a general permit, applications for an individual permit, applications for a transition area waiver, or applications for a water quality certificate. Actual notice of the Department's decision to approve or deny an application will be provided, in accordance with N.J.A.C. 7:7A-19.7, to the applicant and to persons who specifically request such notice.

(f) If a person submits an application and does not receive a response from the Department within the deadlines imposed in this subchapter, the person shall not be entitled to assume that the application is approved, except if the application is for authorization of the following activities and complies with the applicable general permit:

1. Ongoing maintenance of an off-stream stormwater management facility created in uplands, including a wetland constructed in uplands for stormwater management purposes, under general permit 1;

2. Repair of a malfunctioning individual subsurface sewage disposal system under general permit 24, or general permit-by-certification 24; or

3. Minor channel or stream cleaning activities under general permit 25.

(g) Within 30 days after a notice of an application for an individual permit or transition area waiver is published in the DEP Bulletin, interested persons may request in writing that the Department hold a fact-finding meeting on the application. Requests shall state the nature of the issues proposed to be raised at the meeting.

1. The Department may issue or deny an individual permit or transition area waiver without a fact-finding meeting. However, the Department shall hold a fact-finding meeting if the Department determines that:
i. There is a significant degree of public interest in the application, as manifested by written requests for a meeting within the 30-day meeting request period set forth in (g) above. In considering the degree of public interest, the Department will consider whether the issues raised in the meeting requests are relevant to the application;

ii. A fact-finding meeting is requested by the USEPA; or

iii. The Department determines that based on public comment received and/or a review of the scope and/or environmental impact of the proposed project, additional information is necessary to assist the Department in its evaluation of the potential impacts, and that this information can only be obtained through a fact-finding meeting.

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