7 Del. Admin. Code § 101-10.0

Current through Register Vol. 28, No. 4, October 1, 2024

Section 101-10.0 - Withdrawal of and Revisions to Applications

10.1 An applicant may withdraw a request for a status decision or permit at any time by submitting a written request, signed by the original applicant or applicants, to the Secretary. The Secretary shall provide public notice of the applicant's withdrawal of an administratively complete request and the Secretary's action on the request for withdrawal. In the case of such withdrawal there shall be no refund of the application fee paid. Once publicly noticed, the decision is final and cannot be reversed by the applicant or the Secretary.

10.2 Once public notice announcing a public hearing is advertised according to Section 14.0 of these regulations, no revisions to any application will be permitted beyond those allowed in subsection 10.3 below. In the event an applicant finds cause to make substantive revisions to an application after publication of the notice, the applicant will be required to submit a new application, including an additional application fee, an offset project and any other required application submissions as specified under Section 8.0 of these regulations.

10.3 A new application is not required for changes which can be incorporated into the original application where such changes will not significantly affect the nature of the project first proposed and which will not significantly increase the Department's review and evaluation of the application originally submitted. Such changes must be submitted in writing prior to publication of the legal notice announcing the public hearing.

10.4 If the Secretary receives information which may significantly alter the scope of the project, the applicant may be required to submit a new application to reflect the altered nature of the project.

7 Del. Admin. Code § 101-10.0

23 DE Reg. 222 (9/1/2019) (final)