Category WA-2: Notification – Definition Clause Samples

Category WA-2: Notification – Definition. 1. For the purposes of this Agreement, “Notification” water allocation projects are existing water allocation projects as described in Section III.F.2. below. For these projects, NJDEP will provide notification to DRBC in accordance with Section III.D.1. above. However, there is a presumption that DRBC will not comment on these existing projects because, by definition, they consist of renewals or extensions involving no changes that would likely affect the Commission’s previous Section 3.8 Finding. 2. These projects include water allocation permit renewals under N.J.A.C. 7:19-2.4 where (a) a Commission docket for the allocation is in effect at the time the renewal application is made or (b) the most recent NJDEP water allocation permit issued for the allocation includes a Section 3.8 Finding pursuant to this or a successor Agreement, and the renewals: i. involve no change in the approved monthly and annual allocation amounts; or ii. are extensions of NJDEP water allocation permits.
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Category WA-2: Notification – Definition. For the purposes of this Agreement, “Notification” projects are existing water withdrawal projects as described below. For these projects, NJDEP will provide notification to DRBC in accordance with Section III.D.1. above. However, there is a presumption that DRBC will not comment on these projects because, by definition, such renewals or extension involve no changes that would likely affect the Commission’s earlier and existing determination that the project would not substantially impair or conflict with the Comprehensive Plan. These projects include: 1. water allocation permit renewals under N.J.A.C. 7:19-2.4 where: a. a Commission docket for the withdrawal is in effect at the time the renewal application is made; or b. the most recent NJDEP water allocation permit, issued for the withdrawal includes a finding, pursuant to this or a successor Agreement, that the project will not substantially impair or conflict with the Commission’s Comprehensive Plan and regulations related to water withdrawal; and
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