N.J. Admin. Code § 7:13-22.6

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:13-22.6 - Application for a modification

(a) This section sets forth requirements for an application to modify a verification, an authorization under a general permit, or an individual permit. The general application requirements at N.J.A.C. 7:13-18.2 apply to applications for modifications in addition to the application requirements in this section.

(b) To apply for an administrative modification to a verification, an authorization under a general permit, or an individual permit under N.J.A.C. 7:13-22.5(c), the person requesting the modification shall submit:

1. A description of the proposed change to the site plan or other document on which the original verification, authorization, or individual permit was based;

2. The site plans approved as part of the verification, authorization, or individual permit with revisions illustrating the proposed change;

3. A copy of the verification, authorization, or individual permit for which the modification is requested; and

4. Any information necessary to ensure compliance with State and/or Federal law.

(c) To apply for a minor technical modification of a verification, an authorization under a general permit, or an individual permit pursuant to N.J.A.C. 7:13-22.5(d), the person requesting the modification shall submit:

1. A completed application form as described at N.J.A.C. 7:13-22.3(c)1 and available from the Department at the address set forth at N.J.A.C. 7:13-1.3;

2. The appropriate application fee set forth at N.J.A.C. 7:13-20;

3. A description of the scope and purpose of the proposed change to the verified delineation or the regulated activity or project authorized under the authorization or individual permit;

4. The site plans approved as part of the verification, authorization, or individual permit with revisions illustrating the proposed change in the regulated activity or project;

5. A copy of the verification, authorization, or individual permit for which the modification is requested;

6. Other visual representations, such as photographs, graphs, and tables, that illustrate the proposed change to the delineation and/or regulated activity or project, as applicable;

7. A revised environmental report if the proposed modification is of an individual permit. The revised environmental report shall address the aspects of the regulated activity or project that are proposed to be changed and demonstrate that the regulated activity or project for which the modification is requested continues to comply with all requirements of this chapter; and

8. Any information necessary to ensure compliance with State and/or Federal law.

(d) To apply for a major technical modification of a verification, an authorization under a general permit, or an individual permit pursuant to N.J.A.C. 7:13-22.5(e), the person requesting the modification shall submit:

1. A completed application form as described at N.J.A.C. 7:13-22.3(c)1 and available from the Department at the address set forth at N.J.A.C. 7:13-1.3;

2. Documentation that public notice of the application for the major technical modification was provided in accordance with N.J.A.C. 7:13-19;

3. The appropriate application fee set forth at N.J.A.C. 7:13-20;

4. A description of the scope and purpose of the proposed change to the verified delineation and/or the regulated activity or project authorized under the authorization or individual permit;

5. The site plans approved as part of the verification, authorization, or individual permit with revisions illustrating the proposed change;

6. A copy of the verification, authorization, or individual permit for which the modification is requested;

7. Other visual representations, such as photographs, graphs, and tables, that illustrate the proposed change to the delineation and/or regulated activity or project, as applicable;

8. Calculations, analyses, data, and supporting materials necessary to demonstrate that the delineation and/or regulated activity or project as proposed to be changed meets the requirements of this chapter, and the requirements of the Department's Stormwater Management rules at N.J.A.C. 7:8, if applicable;

9. For a modification of a verification based on Methods 4, 5, or 6, pursuant to 7:13-3.4(f), 3.5, and 3.6, respectively, or an individual permit, a revised engineering report addressing the aspects of the delineation and/or regulated activity or project that are proposed to be changed and a demonstration that the delineation and/or regulated activity or project for which the modification is requested continues to comply with all requirements of this chapter;

10. For a modification of an individual permit, a revised environmental report addressing the aspects of the regulated activity or project that are proposed to be changed and a demonstration that the regulated activity or project for which the modification is requested continues to comply with all requirements of this chapter; and

11. Any information necessary to ensure compliance with State and/or Federal law.

N.J. Admin. Code § 7:13-22.6

Adopted by 48 N.J.R. 1067(a), effective 6/20/2016

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