N.J. Admin. Code § 7:22-10.7

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

Section 7:22-10.7 - Re-evaluation of environmental decision statements

(a) Prior to loan award, the project sponsor shall certify in writing that the project submitted in the design phase, or for which authorization to advertise or authorization to award is requested, is the same as that which was described in the environmental decision statement and approved in the planning phase and includes all mitigating measures developed for the project in the planning or design phase. If this certification cannot be made, then the project sponsor shall describe the proposed project modifications, the reason for the changes, and the costs and environmental impacts of the revised project. Project modifications that may be included from the time of planning approval through construction of the project that require notification by the project sponsor to the Department include, but are not limited to, changes in facility location, size, capacity or type and changes in the depth or limits of construction disturbance. The Department may request additional information or additional public participation regarding the proposed modifications. On the basis of the information available, the Department will determine if there is a need to issue a revised environmental decision statement or elevate the project to a Level 2 or Level 3 environmental review and proceed accordingly.

(b) Where five or more years have elapsed between the issuance of a Level 1, 2, or 3 environmental decision statement and the proposed award of financial assistance, and where the Department determines that there are no significant changes in the proposed project or its impact based on the certification made according to (a) above, then the Department will issue a public notice to the persons on a mailing list developed in accordance with N.J.A.C. 7:22-10.10(c) stating that the Department intends to proceed with an award of financial assistance for the previously approved project.