N.J. Admin. Code § 7:13-19.1 - Purpose and scope

Current through Register Vol. 54, No. 7, April 4, 2022

(a) An applicant shall provide public notice in accordance with this subchapter for the following:
1. An application for a verification, pursuant to N.J.A.C. 7:13-5, which is based on Methods 4, 5, or 6, pursuant to 7:13-3.4(f) , 3.5, and 3.6, respectively;
2. An application for an authorization under a general permit-by-certification pursuant to N.J.A.C. 7:13-6 and 8;
3. An application for an authorization under a general permit pursuant to N.J.A.C. 7:13-6 and 9, except for general permit 1 for channel cleaning under the Stream Cleaning Act at 7:13-9.1 ;
4. An application for an individual permit pursuant to N.J.A.C. 7:13-10, 11, and 12;
5. A mitigation proposal pursuant to N.J.A.C. 7:13-13, which is not submitted as part of an application for an individual permit; and
6. An application for a major technical modification pursuant to N.J.A.C. 7:13-22.5(e).
(b) An applicant is not required to provide public notice for the following:
1. A request for an applicability determination pursuant to N.J.A.C. 7:13-2.5;
2. An application for a revision of a Department delineation pursuant to N.J.A.C. 7:13-3.7;
3. An application for a verification that is based on Methods 1, 2, or 3, pursuant to 7:13-3.3 , 3.4(d), or (e), respectively;
4. Conducting an activity under a permit-by-rule pursuant to N.J.A.C. 7:13-6 and 7;
5. An application for authorization under general permit 1 pursuant to 7:13-9.1 ;
6. An application for an emergency authorization pursuant to N.J.A.C. 7:13-16;
7. An application for an extension of the term of a verification, authorization under a general permit, or individual permit pursuant to N.J.A.C. 7:13-22.3;
8. The transfer of a verification, authorization under a general permit, or individual permit pursuant to N.J.A.C. 7:13-22.4; and
9. An application for an administrative or minor technical modification pursuant to N.J.A.C. 7:13-22.5(c) or (d), respectively.
(c) When a proposed regulated activity or project requires more than one approval under this chapter, or requires, in addition, an approval under the Coastal Zone Management Rules at N.J.A.C. 7:7 and/or the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A, an applicant may provide combined public notice for all applications submitted, provided the combined notice meets all of the notice requirements applicable to each application.
(d) Failure to provide public notice as required under this subchapter shall be cause for the Department to cancel an application under N.J.A.C. 7:13-21.5.

Notes

N.J. Admin. Code § 7:13-19.1
Adopted by 48 N.J.R. 1067(a), effective 6/20/2016 Administrative Change, 50 N.J.R. 1147(a).

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