N.J. Admin. Code § 7:7-27.5

Current through Register Vol. 56, No. 12, June 17, 2024

Section 7:7-27.5 - Modification of an authorization under a general permit or an individual permit

(a) An authorization under a general permit that is valid as described in the provisions regarding duration of general permit authorizations at 7:7-3.6 or 3.7, as applicable, or an individual permit that is valid as described in the provisions regarding duration of individual permits at 7:7-8.2, may be modified in accordance with this section through an administrative modification, a minor technical modification, or a major technical modification. An authorization under a general permit-by-certification shall not be modified.

(b) The term of an authorization under a general permit or of an individual permit shall not be extended by a modification.

(c) An administrative modification of an authorization under a general permit or an individual permit applies to a change to a site plan or other document on which the original authorization under a general permit or individual permit was based but which does not alter the design or layout of the project. An administrative modification may include:

1. Correcting a drafting or typographical error on a plan or report;

2. Improving topographical or other data in order to make the authorization or individual permit more accurately reflect the site and/or the permitted activities; or

3. Adding notes, labels, or other clarifying information to the approved site plan, if required to do so by the Department or another government entity.

(d) A minor technical modification of an authorization under a general permit or an individual permit applies to a change in the design or layout of a project, including any associated change to an approved site plan or other document, which does not result in new or additional impacts to any special area other than a special urban area (see 7:7-9.41 ), the Hudson River waterfront area (see 7:7-9.46 ), or Atlantic City (see 7:7-9.47 ). A minor technical modification may include:

1. A change in materials or construction techniques;

2. A reduction in the intensity of development on the site, such as deletion of a permitted structure or activity, or a reduction in the footprint of a project; or

3. For a dredging or dredged material management project:

i. A change in the method of dredging;

ii. A change in the processing facility or the disposal or beneficial use location for dredged material, provided:

(1) The proposed processing facility or proposed disposal or beneficial use site has received all necessary local, State and Federal approvals; and

(2) A letter of acceptance is received from the proposed processing facility or the proposed disposal or beneficial use site as required in the maintenance dredging and new dredging rules at 7:7-12.6 and 12.7, respectively; or

iii. A change in the volume of material to be dredged without a change in the area to be dredged as depicted on the site plan approved as part of the authorization or permit that authorizes the dredging.

(e) A major technical modification of an authorization under a general permit or an individual permit applies to any change in a project authorized pursuant to the authorization or individual permit, including any associated change to an approved site plan or other document, which is not addressed under (c) or (d) above and that does not require a new permit in accordance with (f) below.

(f) Notwithstanding any other provision in this section, the Department shall not issue a modification of an authorization under a general permit or an individual permit if the Department determines that the permittee proposes changes that constitute a substantial redesign of the project or that will significantly increase the environmental impact of the project. In such a case, the applicant shall submit a new application for an authorization or an individual permit in accordance with N.J.A.C. 7:7-23 and the Department shall review the application in accordance with N.J.A.C. 7:7-26. Changes for which a new application shall be submitted include:

1. A change to the basic purpose or use of a project, such as a change from the construction of a hospital to the construction of an apartment complex;

2. An expansion of a project beyond that which was described in the public notice of the application provided in accordance with N.J.A.C. 7:7-24;

3. A substantial redesign of the project or its stormwater management system such that the Department determines a new engineering analysis of the site and/or project is necessary;

4. A significant change in the size or scale of the project, including the addition of structures;

5. A significant change in the project's impact on any of the special areas governed by 7:7-9.2 through 9.40 and 9.42 through 9.45;

6. An excavation or filling of water areas or wetlands significantly beyond that which is approved under the authorization or individual permit; or

7. A change that would result in impacts to a site not owned or controlled by the permittee.

(g) The permittee shall record the modified permit, including all conditions listed therein, with the Office of the County Clerk (the Registrar of Deeds and Mortgages, if applicable) of each county in which the site is located. The modified permit shall be recorded within 30 calendar days of receipt by the permittee, unless the permit authorizes activities within two or more counties, in which case the modified permit shall be recorded within 90 calendar days of receipt. Upon completion of all recording, a copy of the recorded permit shall be forwarded to the Division of Land Use Regulation at the address set forth at 7:7-1.6.

N.J. Admin. Code § 7:7-27.5

Adopted by 47 N.J.R. 1392(a), effective 7/6/2015