Within 30 days of the application filing, OEP Director will determine whether the application is deficient as a result of omission of required exhibits or other information or the failure to consult as required.1 The application will be rejected if the OEP Director and the Commission jointly determine that: (A) it is patently deficient because it “substantially” fails to conform with these requirements,2 or (B) for a new project, it seeks to use waters already subject to a preliminary permit or exemption.3 If merely deficient, the OEP Director will issue a notice that identifies deficiencies and sets a deadline, not to exceed another 90 days, for corrections.4 A revised application will be accepted if the deficiencies are cured, or rejected if still deficient.5
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See 18 C.F.R. §§ 5.20(a), 4.32(e)(1). The Director will notify the applicant of specific deficiencies by letter or by phone for minor deficiencies. See id.
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18 C.F.R. § 5.20(b).
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See 18 C.F.R. §§ 5.17(f), 4.33(b)-(c), (e).
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See id.
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See id.
