N.J. Admin. Code § 7:7A-19.7

Current through Register Vol. 56, No. 16, August 19, 2024

Section 7:7A-19.7 - Department decision on an application that is complete for review

(a) The Department shall issue an LOI within the applicable time period below:

1. If the Department does not request additional information regarding an LOI application under N.J.A.C. 7:7A-19.2(b)1, within 30 days after receiving the application;

2. If the Department requests additional information regarding an LOI application under N.J.A.C. 7:7A-19.2(b)2, within 45 days after receipt of information sufficient to declare the application complete;

3. If the applicant chooses to wait for a determination of resource value classification under N.J.A.C. 7:7A-3.2, as soon as the Department determines that the resource classification of the wetlands can be definitively determined; and

4. If the Department conducts a site inspection, the time set forth in this subsection for issuance of the letter of interpretation shall be extended by 45 days.

(b) Within 90 calendar days after an application for an authorization under a general permit, application for transition area waiver, or application for an individual permit is declared complete for review in accordance with N.J.A.C. 7:7A-19.2, the Department shall:

1. Determine that the application meets the requirements of this chapter and issue an authorization, waiver, or individual permit approving the application in writing. The authorization, waiver, or individual permit shall include any conditions necessary to ensure compliance with this chapter; or

2. Determine that the application does not meet the requirements of this chapter and deny the application in writing. The decision denying the application shall include the reasons for the denial.

(c) The 90-calendar day deadline set forth in (b) above may be extended for 30 calendar days by mutual agreement between the applicant and the Department. An applicant consenting to an extension shall do so in writing. The deadline shall not be extended by less than or greater than 30 calendar days.

(d) If the Department does not make a decision to approve or deny an application for an authorization of a general permit, an individual permit, a transition area waiver, or a water quality certificate by the applicable time period set forth in (b) above, the person shall not be entitled to assume that the application is approved.

(e) The review time set forth in (b) above does not apply to applications that require USEPA review in accordance with N.J.A.C. 7:7A-19.5.

(f) If the Department issues or denies a permit, the Department shall send notice thereof to the applicant.

(g) Decisions by the Department shall be published in the DEP Bulletin and a copy of every issued individual permit which requires USEPA review under N.J.A.C. 7:7A-19.5 shall be transmitted to USEPA.

N.J. Admin. Code § 7:7A-19.7

Adopted by 49 N.J.R. 3849(a), effective 12/18/2017