N.J. Admin. Code § 7:13-22.3 - Extension of a verification, an authorization under a general permit, and an individual permit
(a) A person may
request one five-year extension of a verification, the duration of which is
governed by
N.J.A.C.
7:13-5.2(a); an
authorization under a general permit, the duration of which is governed by
N.J.A.C.
7:13-6.6; and an individual permit, the
duration of which is governed by 7:13-10.2(a)
.
(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 prior to the expiration of the verification,
authorization, or individual permit. The Department shall not accept a request
for extension received more than one year prior to the expiration of an
authorization 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 regulated waters, flood hazard areas, and riparian
zones;
3. The person requesting the
extension demonstrates that regulated activities approved under any
authorization 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 or individual permit under
N.J.A.C.
7:13-22.5; 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.
(c) A request
for an extension of a verification, an authorization pursuant to 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.
7:13-1.3. This form requires basic
information regarding the proposed delineation, 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 delineation,
regulated activity, or project, a brief description of the proposed
delineation, activity, or project, 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. 7:13-20; 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 verification or
individual permit, the Department shall take one of the actions identified
below. During the Department's review of the extension request, regulated
activities subject to the authorization or individual permit may continue.
1. Determine the request meets the
requirements of this section and issue an extension in accordance with (g)
below; or
2. Determine 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 verification, 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
verification, authorization, or individual permit for which the extension is
sought;
3. The Department receives
the request after the expiration date of the verification, authorization, or
individual permit for which the extension is sought;
4. The term of the verification,
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 verification,
authorization, or individual permit for which the extension is sought has been
terminated in accordance with
N.J.A.C.
7:13-22.8.
(f) If the Department denies a request for an
extension under (e) above:
1. The
verification, 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.
7:13-22.8; and
2. All regulated activities authorized under
any authorization under a general permit or individual permit shall cease on
the expiration date of the authorization or individual permit specified in (f)1
above, and shall not commence again unless and until a new authorization or
individual permit is obtained in accordance with N.J.A.C. 7:13-18.
(g) If the Department determines
that the requirements of this section have been met, the Department shall issue
an extension of the verification, authorization under a general permit, or
individual permit for one five-year period, beginning on the original
expiration date of the verification, 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.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.