7 Del. Admin. Code § 7504-3.0

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

Section 7504-3.0 - Procedures for Application

3.1 General

3.1.1 Requirements for Every Application

3.1.1.1 A person seeking a case or permit shall submit to the Secretary a written request, using the appropriate forms available from the Department, stating in detail the type of grant, lease or permit desired, showing the location of the area and containing specifications for any proposed activity.

3.1.1.2 The application for every type of activity shall provide the information requested in the appropriate application form. No application shall be considered complete or acted upon until the application is deemed complete by the Department. Providing false or inaccurate information shall be grounds for denial or revocation of a permit or lease and shall be grounds for a civil or criminal penalty.

3.1.2 Required Attachments to the Application. The applicant shall attach the following to the application:

3.1.2.1 A map showing the location and boundaries of the proposed project in relation to the adjoining property and to the nearest existing street or road intersection, and the specific location of all proposed activities.

3.1.2.2 A neat, scaled drawing of the proposed activities on 8-1/2" x 11" paper which shows:

3.1.2.2.1 that the design conforms to generally accepted engineering principles,

3.1.2.2.2 accurate dimensions of the proposed activity (e.g., cubic yards of dredging or fill, square feet of dock, pier, jetty, or preemptive area, linear feet of bulkheading, utilities, etc.),

3.1.2.2.3 all existing structures,

3.1.2.2.4 exact location of property corners and property lines, wetlands and aquatic habitats.

3.1.2.3 If the design does not conform to generally accepted engineering principles, the Secretary may require that the design be prepared, signed, and scaled by a professional engineer registered in the State of Delaware.

3.1.2.4 A certified copy of the deed and survey plot plan (to indicate property lines and corners) to the land, and written permission from the owner if other than the applicant for the project. The Department may request such additional information as will enable it to determine ownership of or authority to use the property.

3.1.2.5 Evidence of zoning approval for the project. The Department may defer consideration of the application if it determines that substantive questions regarding the validity of the County's or municipality's actions arc raised in an appeal of that action.

3.1.2.6 The application fee and any deposit required.

3.1.2.7 Performance bond as required.

3.1.2.8 Additional information as required by the Department.

3.1.3 Current Application. The applicant shall maintain the application in a current state and notify the Department immediately of any changes in the information provided.

3.2 Additional Information. The Department may request such additional information as will enable it to consider the application properly. The Department may require the applicant to provide an environmental assessment if it determines that the proposed activity may have a substantial adverse effect on the environment. Any requested additional information not provided to the Department within a reasonable time may be grounds to declare the permit incomplete or deny the permit.

3.3 The Department may request of any State agency a report or recommendation concerning any application before it which affects that agency or for which that agency has particular information or expertise. The Department may consider the report in ruling on the application.

3.4 Burden on Applicant. The burden shall be on the applicant to satisfy the Department that the requirements of these Regulations have been met; and if the granting of the permits, lease or approval will result in loss to the public of a substantial resource, that the loss has been offset or mitigated.

7 Del. Admin. Code § 7504-3.0