PHILIP D. MURPHY DEPARTMENT OF ENVIRONMENTAL PROTECTION CATHERINE R. 

Governor . Commissioner
Div1sion of Land Use Regulation
SHEILA Y. OLIVER . Mail Code 501-02A
Lt. Governor PO. Box 420 

Trenton, New Jersey 03625-0420


October 8, 2019
Anthony C. Cox, V.P.
PennEast Pipeline Company, LLC
835 Knitting Mills Way
Wyomissing, PA 19610

RE: File and Activity No.: 0000-17-0007.5 LUP190001, FWW190001
Applicant: PennEast Pipeline Company, LLC
Project: Construction of approximately 37.8 miles of natural gas pipeline
Hunterdon Mercer Counties

Dear Mr. Cox:

On August 8, 2019, PennEast Pipeline Company, LLC (PennEast) applied to NJDEP for a Freshwater
Wetlands Individual Permit, Flood Hazard Area Individual Permit, Flood Hazard Area Veri?cation and Letter
of Interpretation and a request for a Water Quality Certi?cate for the portion of its proposed natural gas pipeline
project in New Jersey (?Application?)). Based upon the initial review by NJDEP, on September 4, 2019,
NJDEP requested additional information from PennEast. On September 11, 2019, PennEast submitted
information in response to the NJ September 4, 2019 administrative de?ciency letter. NJDEP has
determined that the de?cient items identi?ed in the September 4, 2019 letter have been suf?ciently addressed.

However, on September 10, 2019 the United States Court of Appeals for the Third Circuit vacated the
orders of condemnation impacting New Jersey?s property interests associated with the above-referenced project.
See, In re: PennEast Pipeline Company, LLC (3rd Cir. Sept. 10, 2019). Therefore, the applicant no longer has
the legal authority to perform activities on forty-nine (49) properties along the proposed pipeline alignment,
and to carry out all requirements of N.J.A.C. et seq. and N.J.A.C. 7: 13 et seq. for the full length of the
project right-of-way.

Based upon the above, PennEast?s Application cannot be deemed "administratively complete," because
the applicant has not demonstrated that it has the authority, as required by N.J.A.C. and N.J.A.C.
7: 13-1 to submit the application. Given this ?indamental de?ciency, the NJDEP hereby rejects and
administratively closes the Application. PennEast?s Application is denied without prejudice, and as a result, no
application for a Freshwater Wetlands Individual Permit and Water Quality Certi?cate is currently pending in
any form before NJDEP. 

Please be advised, in response to a request from you received by the Division of Land Use Regulation
on September 11, 2019, the Freshwater Wetlands Transition Area Waiver Application is hereby considered
withdrawn. The Department shall take no further action on this application.

DLUR File No. 0000-17-00075 (PennEast Pipeline) Page 2 of3

lfyou have any questions regarding this letter, please contact by email at patricia.cluelow@dep.nj.gov.
Please reference the Division?s ?le number in all communication.

Sincerely,

   



Dow, Director
Division of Land Use Regulation

0: Peter J. Fontaine, Esq.
Cozen O?Connor
One Liberty Place 1650 Market Street
Philadelphia, PA 19103

Walter F. Judge, PE, PP, PMP


Central Monmouth Business Park
1433 Highway 34, Suite 
Wall, NJ 07727

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