Current through Register Vol. 56, No. 24, December 18, 2024
(a) A person may request one five-year
extension of an authorization under a general permit, the duration of which is
governed by
N.J.A.C.
7:7A-5.6, an individual permit, the duration
of which is governed by
N.J.A.C.
7:7A-9.2, and a transition area waiver, the
duration of which is governed by
N.J.A.C.
7:7A-8.5.
(b) The Department shall issue an extension
only if:
1. A person submits a request for
extension that meets the requirements of (c) below and that is received by the
Department at least 90 calendar days prior to the expiration of an individual
permit or transition area waiver, and at least 30 calendar days prior to the
expiration of a general permit authorization. The Department shall not accept a
request for extension received more than one year prior to the expiration of an
authorization, transition area waiver, or individual permit;
2. The person requesting the extension
demonstrates that there has been no significant change in the overall condition
of the site, including the wetlands boundary and resource value
classification;
3. The person
requesting the extension demonstrates that regulated activities approved under
any authorization, waiver, or individual permit for which an extension is
sought have not been revised or amended, unless the permittee has obtained a
modification of the authorization, waiver, or individual permit under N.J.A.C.
7:7A-20.6; and
4. For an individual
permit, the person requesting the extension demonstrates that the rules in this
chapter governing the regulated activities authorized under the permit for
which an extension is sought have not been amended such that the activities do
not meet the rules as amended. In this instance, the individual permit shall
expire on the date set forth therein, and the permittee shall comply with the
requirements of
N.J.A.C.
7:7A-9.2.
(c) A request for an extension of a
transition area waiver, an authorization under a general permit, or an
individual permit shall include:
1. A
completed application form, available from the Department at the address set
forth at N.J.A.C. 7:7A-1.4. This form
requires basic information regarding the regulated activity or project,
including the type of application being submitted, the name and address of the
applicant and any designated agents, the specific location of the regulated
activity or project, a brief description of the proposed activities, and
certifications as to the truth and accuracy of the information provided and as
to the ownership of the property;
2. The appropriate application fee as set
forth at N.J.A.C. 7:7A-18; and
3. A
narrative demonstrating that the requirements of (b) above are met.
(d) Within 15 calendar days after
receiving a request for an extension of an authorization under a general permit
or within 30 calendar days after a request for an extension of a waiver or
individual permit, the Department shall take one of the actions identified in
(d)1 or 2 below. During the Department's review of the extension request,
regulated activities subject to the authorization or individual permit may
continue.
1. The Department shall determine
that the request meets the requirements of this section and issue an extension
in accordance with (g) below; or
2.
The Department shall determine that the request meets the criteria for denial
at (e) below and deny the extension request.
(e) The Department shall deny a request for
an extension for any of the following reasons:
1. The waiver, authorization, or individual
permit for which the extension is sought is not one specified in (a)
above;
2. The Department receives
the request more than one year prior to the expiration date of the waiver,
authorization, or individual permit for which the extension is
sought;
3. The Department receives
the request after the expiration date of the waiver, authorization, or
individual permit for which the extension is sought;
4. The term of the waiver, authorization, or
individual permit for which the extension is sought has been extended
before;
5. The applicant does not
demonstrate that all of the requirements at (b) above are met;
6. The request does not include all of the
information required to be submitted under (c) above; or
7. The waiver, authorization, or individual
permit for which the extension is sought has been terminated in accordance with
N.J.A.C. 7:7A-20.9.
(f)
If the Department denies a request for an extension under (e) above:
1. The waiver, authorization, or individual
permit shall expire on its original expiration date or on the date of receipt
of the denial by the permittee, whichever is later, unless already terminated
in accordance with N.J.A.C. 7:7A-20.9; and
2. All regulated activities authorized under
any authorization under a general permit, transition area waiver, or individual
permit shall cease on the expiration date of the authorization, waiver, or
individual permit specified in (f)1 above, and shall not commence again unless
and until a new authorization, waiver, or individual permit is obtained in
accordance with N.J.A.C. 7:7A-16.
(g) If the Department determines that the
requirements of this section have been met, the Department shall issue an
extension of the waiver, authorization under a general permit, or individual
permit for one five-year period, beginning on the original expiration date of
the waiver, authorization under a general permit, or individual permit. The
extension shall be in writing, and shall include any conditions the Department
determines are necessary to ensure the requirements of this chapter are
met.
