23.02.04.16

.16 License Modification.

A. A licensee or the Department may request in writing that the description of the authorized structure or activity or the conditions of an individual or emergency license be modified and shall state the reason for the request.

B. The Administrator may modify an individual or emergency license if the Department provides a favorable written recommendation and:

(1) The modification is minor; or

(2) The Department determines that the structure or activity or the license conditions require modification to correct adverse environmental impacts.

C. A minor modification means:

(1) A reduction in the scope of the originally authorized work;

(2) Revisions to the project plans or specifications that are nominal and would otherwise be approved, and conditions at the site have not changed since the previous review; or

(3) Waiving or modifying time of year restrictions after consultation with the Department of Natural Resources.

D. After consulting with the Department, the Administrator shall either:

(1) Grant the modification request by revising the original license; or

(2) Deny the modification request in writing, including the reason for the denial and the procedure for appealing the modification denial.

E. After consulting with the Department, the Administrator may:

(1) Recommend approval to the Board of a license modification not qualifying for consideration under §B of this regulation; or

(2) Require the modification to be submitted as a reapplication under Regulation .06 of this chapter.

F. A new license issued after reapplication and approval supersedes the original license.