2613.1 The Department will notify an applicant in writing of the Department's permit decision.

2613.2 The Department may issue a permit or certification only after an applicant has provided the Department a final site plan showing intended impacts and the information required by this chapter in accordance with §§ 2602, 2604, 2605, 2606, 2607, 2608, and 2609.

2613.3 The Department may deny a certification if an applicant fails to provide the information required by this chapter in accordance with §§ 2602, 2604, 2605, 2606, 2607, 2608, and 2609 within the reasonable period of time established by the U.S. Army Corps of Engineers in accordance with 40 C.F.R. § 121.6.

2613.4 An applicant shall not begin work authorized under a permit or certification until the Department has issued a permit.

2613.5 A permittee shall conduct all regulated activities in accordance with the permit or certification, including the approved final site plan and mitigation plan.

2613.6 A permit or certification issued by the Department is valid for five (5) years, unless the permit is modified, reissued, or revoked.

2613.7 The Department may issue a permit or certification after-the-fact for regulated activities conducted without a permit or certification if the work meets the requirements of this chapter and the applicant submits a mitigation plan meeting the mitigation ratios in §§ 2607.14 and 2607.15.

2613.8 The permit or certification shall specify the time period for which it is valid.

SOURCE: Final Rulemaking published at 68 DCR 5254 (May 14, 2021).