N.J. Admin. Code § 7:7A-19.4

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:7A-19.4 - Department review and decision on an application for authorization under general permit 25 for minor channel or stream cleaning for local government agencies

(a) Within 15 calendar days after receiving an application for authorization under a general permit 25 for activities that do not include the removal of sediment, or within 60 calendar days after receiving an application for activities that include the removal of sediment, where day one of the 15- or 60-calendar-day period is the date the application is received, the Department shall take one of the following actions:

1. Determine the application is both administratively and technically complete, and declare the application complete for review effective as of the date the Department received the application, and approve or deny the application in accordance with the following:

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

ii. 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;

2. Determine the application is administratively complete but technically incomplete and notify the applicant that the application is technically incomplete. This notification shall specify the additional information required and the deadline by which the information must be submitted; or

3. Determine the application is administratively incomplete and issue notification to the applicant in writing that the application is administratively incomplete. This notification shall specify the additional information required and the deadline by which the information must be submitted.

(b) If the Department does not make a decision to approve or deny an application for an authorization under a general permit 25 by the applicable deadline set forth in (a) above, the applicant is authorized to commence stream cleaning activities to the extent that the project does not violate other laws then in effect.

1. An authorization issued under this subsection shall include the standard conditions set forth in N.J.A.C. 7:7A-20.2.

2. An authorization issued under this subsection shall not prevent the Department from taking enforcement action pursuant to N.J.A.C. 7:7A-22 for any activity undertaken in violation of this chapter.

(c) The Department shall provide notice of the decision on an application for authorization under general permit 25 in the DEP Bulletin and to any person who specifically requested notice of the decision on a particular application.

N.J. Admin. Code § 7:7A-19.4

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

Amended by 53 N.J.R. 514(b), effective 4/5/2021