N.J. Admin. Code § 7:7A-20.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:7A-20.4 - Extension of an authorization under a general permit, a transition area waiver, and an individual permit

(a) A person may request one five-year extension of an authorization under a general permit, the duration of which is governed by N.J.A.C. 7:7A-5.6, an individual permit, the duration of which is governed by N.J.A.C. 7:7A-9.2, and a transition area waiver, the duration of which is governed by N.J.A.C. 7:7A-8.5.

(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 at least 90 calendar days prior to the expiration of an individual permit or transition area waiver, and at least 30 calendar days prior to the expiration of a general permit authorization. The Department shall not accept a request for extension received more than one year prior to the expiration of an authorization, transition area waiver, 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 the wetlands boundary and resource value classification;

3. The person requesting the extension demonstrates that regulated activities approved under any authorization, waiver, 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, waiver, or individual permit under N.J.A.C. 7:7A-20.6; 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. In this instance, the individual permit shall expire on the date set forth therein, and the permittee shall comply with the requirements of N.J.A.C. 7:7A-9.2.

(c) A request for an extension of a transition area waiver, an authorization under 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. 7:7A-1.4. This form requires basic information regarding the 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 regulated activity or project, a brief description of the proposed activities, 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. 7:7A-18; 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 waiver or individual permit, the Department shall take one of the actions identified in (d)1 or 2 below. During the Department's review of the extension request, regulated activities subject to the authorization or individual permit may continue.

1. The Department shall determine that the request meets the requirements of this section and issue an extension in accordance with (g) below; or

2. The Department shall determine that 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 waiver, 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 waiver, authorization, or individual permit for which the extension is sought;

3. The Department receives the request after the expiration date of the waiver, authorization, or individual permit for which the extension is sought;

4. The term of the waiver, 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 waiver, authorization, or individual permit for which the extension is sought has been terminated in accordance with N.J.A.C. 7:7A-20.9.

(f) If the Department denies a request for an extension under (e) above:

1. The waiver, 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. 7:7A-20.9; and

2. All regulated activities authorized under any authorization under a general permit, transition area waiver, or individual permit shall cease on the expiration date of the authorization, waiver, or individual permit specified in (f)1 above, and shall not commence again unless and until a new authorization, waiver, or individual permit is obtained in accordance with N.J.A.C. 7:7A-16.

(g) If the Department determines that the requirements of this section have been met, the Department shall issue an extension of the waiver, authorization under a general permit, or individual permit for one five-year period, beginning on the original expiration date of the waiver, 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.

N.J. Admin. Code § 7:7A-20.4

Adopted and recodified from 7:7A-14.6 by 49 N.J.R. 3849(a), effective 12/18/2017

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