2614.1 The Department may require a permittee to make modifications to an approved site plan or mitigation plan during construction to ensure compliance with this chapter.

2614.2 The Department may require a change to a site plan, mitigation plan, or component of a site plan or mitigation plan if the Department determines that a discrepancy between site conditions and the approved plan makes the plan inadequate to comply with the requirements of this chapter.

2614.3 A permittee may request that the Department make modifications to a permit or an approved site plan, mitigation plan, or component of a site plan or mitigation plan during construction to ensure compliance with this chapter.

2614.4 A permittee may not change an approved plan or its implementation without Department approval as follows:

(a) If a change is substantial, the permittee shall resubmit the revised plan to the Department for approval in accordance with this chapter; and

(b) If a change is not substantial, the permittee may secure written approval from the Department by mail, email, or modification of approved plans signed by a Department employee without submission of a revised application.

2614.5 For the purposes of this chapter, a substantial change in an approved plan is a change in design, specification, construction, operation, or maintenance that the Department determines:

(a) May result in a failure to comply with a requirement of this chapter; or

(b) Has an impact on District waters.

2614.6 A permittee shall make a request for modifications in writing, and the request shall contain the following information:

(a) The name of the permittee;

(b) The location of the wetland or stream impacts or mitigation project;

(c) A description of the proposed modification; and

(d) A justification for the modification

2614.7 For a substantial modification, a permittee shall submit a revised plan through the submittal database, and pay appropriate fees in set forth in § 2604.

2614.8 The Department will notify a permittee in writing whether the Department approves the permit or plan modification decision.

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