7 Del. Admin. Code § 7502-8.0
Current through Register Vol. 28, No. 4, October 1, 2024
Section 7502-8.0 - Procedures for Applications8.1 An application for a permit shall be filed with the Division of Environmental Control.8.2 Type I Permits (Abbreviated Procedure) are required for: 8.2.1 Projects for which a total of one (1) acre or less of wetlands is involved, and no building of structures is included.8.2.2 The maintenance or repair of bridges, roads, highways, or the facilities of any municipality or public utility including the construction and maintenance of lines for the transmission of electrical energy that do not require the construction of permanent access roads or other fixed works related thereto, and which will permit the unobstructed flow of the tide and preserve the natural contour of the wetlands. 8.2.2.1 This provision shall not apply in emergencies; in which cases, written notification shall be made to the Division within seven (7) days after initiation.8.2.3 Maintenance dredging that does not result in deposit of spoils on wetlands.8.2.4 Maintenance work on existing wildlife management impoundments.8.3 Application Procedure: To obtain a Type 1 Permit, a person shall apply in writing to the Division on forms provided for that purpose. The application shall contain the following: 8.3.1 The names and address of the applicant.8.3.2 A written explanation of the proposed activity and the reasons for undertaking it, including a plan of the entire project of which the proposed activity is a part.8.3.3 Evidence of local zoning approval.8.3.4 Two (2) copies of a detailed plan of the proposed activity which shall include: 8.3.4.1 A map showing the location and boundaries of the proposed activity in relation to adjoining property and to the nearest existing street or road intersection and the specific location of all proposed activity, particularly filling, dumping and excavation.8.3.4.2 A detailed description of all proposed activity, particularly filling, dumping and excavation.8.3.4.3 A detailed description of measures to be taken during and after the completion of the proposed activity to reduce detrimental effects.8.3.4.4 Evidence of applicant's ownership of the lands or permission from the owner for the project.8.3.4.5 A list of the names and addresses of the owners, as listed with the County Board of Assessment, of neighboring lands within 1,000 feet of the project and any claimants of such ownership rights that are known to the applicant, with their last known address.8.4 Type II Permits (Full Procedure) are required for: 8.4.1 Projects involving more than one (1) acre of wetlands.8.4.2 Projects involving the building of structures.8.4.3 The construction and maintenance of lines for the transmission of electrical energy that require artificially solidified bases, and/or the construction of permanent access roads or other fixed works related thereto, which alter the flow of the tide or the natural contour of the wetlands.8.4.4 The construction and maintenance of water, gas or petroleum lines.8.5 Application Procedure: To obtain a Type II Permit, a person shall apply in writing to the Division on forms provided for that purpose. The application shall be submitted in duplicate and shall contain the following: 8.5.1 The name and address of the applicant.8.5.2 A written explanation of the proposed activity and its need, including a plan of the entire project of which the proposed activity is a part.8.5.3 A list of the name and addresses of the owners, as listed with the County Board of Assessment, of neighboring lands within 1,000 feet of the project and any claimants of such ownership rights that are known to the applicant, with their last known addresses.8.5.4 Evidence of local zoning approval.8.5.5 A map showing the location and boundaries of the area of the proposed activity and the specific location of all proposed structures, filling, dumping and excavation.8.5.6 A detailed plan of the proposed activity, drawn to an appropriate and uniform scale, indicating the procedures to be used and the area(s) of existing and proposed fill and excavation, of any; existing and proposed finished elevations; all existing and proposed structures, sewage collection and treatment facilities, utility installations, roadways, parking areas, and other related facilities, and the type of equipment to be used, and the means of equipment access to the activity site.8.5.7 Evidence of ownership of the property on which the proposed activity will be conducted, and, if the applicant is not the owner, written permission from the owner to conduct the activity.8.5.8 An Environmental Summary which includes an evaluation of the project in relation to the factors listed in Section 12.0 subheadings and: 8.5.8.1 The reasons that structures cannot feasibly be located on adjacent property of the owner other than wetlands.8.5.8.2 Temporary and permanent changes which would be caused by the proposed project and the impact of these changes on the project area and adjacent areas.8.5.8.3 Alternatives to the proposed action which would reduce or avoid environmental damage.8.5.8.4 All measures to be taken during and after the completion of the proposed project to reduce detrimental effects.8.5.8.5 Adverse environmental impact which cannot be avoided.8.5.8.6 The Secretary may require more detailed evaluations in proposed activities that have a major impact on wetlands.8.6 Application Review: Within thirty (30) days following receipt of an application, the Division shall notify the applicant in writing regarding its completeness. The Division may declare the application to be complete for filing or may notify the applicant of specific deficiencies. The Division, within fifteen (15) days following the receipt of additional information to correct deficiencies, shall notify the applicant of the completeness of the amended application. The application shall not be considered to be filed in proper form until it has been declared complete by the Division.7 Del. Admin. Code § 7502-8.0