N.J. Admin. Code § 7:14A-11.4 - Permit denial or conditions requested by other governmental agencies
(a) If during the
comment period for a draft DSW permit, the District Engineer of the Army Corps
of Engineers advises the Department in writing that anchorage and navigation of
any of the waters of the United States would be substantially impaired by the
granting of a point source DSW permit, the permit shall be denied and the
applicant so notified.
(b) If the
District Engineer advises the Department that imposing specified conditions
upon the permit is necessary to avoid any substantial impairment of anchorage
or navigation, then the Department shall include the specified conditions in
the permit.
(c) Review or appeal of
a denial of a permit or of conditions specified by the District Engineer shall
be made through the applicable procedures of the Corps of Engineers, and may
not be made through the procedures provided in this chapter. If the conditions
are stayed by a court of competent jurisdiction or by applicable procedures of
the Corps of Engineers, those conditions shall be considered stayed in the DSW
permit for the duration of that stay.
(d) If, during the comment period, the U.S.
Fish and Wildlife Service, the National Marine Fisheries Service, or any other
State or Federal Agency with jurisdiction over fish, wildlife, or public health
advises the Department in writing that the imposition of specified conditions
upon the permit is necessary to avoid substantial impairment of fish,
shellfish, or wildlife resources, the Department shall include the specified
conditions in the permit to the extent they are determined necessary to carry
out provisions of
40 CFR
122.49 and the State and Federal
Acts.
(e) In appropriate cases the
Department may consult with one or more of the agencies referred to in this
section or other agencies it deems appropriate before issuing a draft permit
and may reflect such agencies' views in the statement of basis, the fact sheet,
or the draft permit.
Notes
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