Current through Register Vol. 56, No. 18, September 16, 2024
(a) All
CSI-eligible facilities, other than those located on the built environment,
shall comply with the requirements for soil erosion and sediment control in
accordance with the New Jersey Soil Erosion and Sediment Control Act
(N.J.S.A.
4:24-39 et seq.) and the implementing rules
at N.J.A.C. 2:90.
(b) All
CSI-eligible facilities, other than those located on the built environment,
shall, as part of the development of a comprehensive siting plan, assess
existing drainage conditions, and identify any areas where surface runoff
currently exists or where proposed grades will create surface runoff
concentration. All such areas shall be designed to prevent onsite erosion, as
well as protect offsite areas from erosion and flooding.
(c) All CSI-eligible facilities shall comply
with the NJDEP's Stormwater Management Rules, N.J.A.C. 7:8.
(d) All CSI-eligible facility panel drip
lines shall be protected against scour.
(e) CSI-eligible facilities proposed to be
located on land in agricultural use, other than those proposed to be located on
the built environment, shall be submitted to the Soil Conservation District for
compliance with requirements in this section and any applicable Soil
Conservation District guidelines for stormwater runoff quantity and erosion
control.
(f) CSI-eligible
facilities, other than those mounted on the built environment, shall comply
with the NJDEP's "Standards for the Use of Pollinator-Friendly Native Plant
Species and Seed Mixes in Grid Supply and Select Net Metered Solar Facilities."
CSI-eligible facilities that meet the requirements for qualification in the
Contaminated Sites and Landfills tranche of the Competitive Solar Incentive
Program, pursuant to
N.J.A.C.
14:8-11.10(b)3 are exempted
from mandatory compliance with the pollinator standards.
1. Entities proposing CSI-eligible facilities
that require compliance with the NJDEP's "Standards for the Use of
Pollinator-Friendly Native Plant Species and Seed Mixes in Grid Supply and
Select Net Metered Solar Facilities" (Standards) shall demonstrate said
compliance by submitting to the Board or program administrator duly retained by
the Board, a vegetation management plan consistent with the requirements
outlined in the referenced standards as part of the post-construction
certification package.
i. CSI-eligible
facilities shall successfully implement and maintain the site in accordance
with the vegetative management plan. Successful implementation is determined by
a minimum 80 percent survival rate of vegetation planted.
ii. CSI-eligible facilities shall comply with
monitoring requirements.
(1) The Board may
audit CSI-eligible facilities for compliance with the vegetative management
plan. The Board, or its designee shall, within 60 days of the audit:
(A) Certify that the facility is in
compliance with its vegetation management plan, with no additional actions
required; or
(B) Notify the
facility that it is in noncompliance with the required vegetation management
plan.
(2) If the Board
finds that the facility is in noncompliance with the required vegetation
management plan, the Board, or its designee, shall:
(A) Specify the areas of
noncompliance;
(B) Identify
corrective actions required; and
(C) Identify the timeframe within which
noncompliance must be addressed to avoid suspension of incentives pursuant to
the CSI Program.
iii. Approved CSI facilities that are found
to be in non-compliance with the NJDEP's "Standards for the Use of
Pollinator-Friendly Native Plant Species and Seed Mixes in Grid Supply and
Select Net Metered Solar Facilities," and that have failed to take the
corrective actions identified at (f)1ii(2) above within the timeframes
specified, shall be notified by the Board or a program administrator duly
retained by the Board of their suspension of incentives pursuant to the CSI
Program, and conditions for restoration of the incentive.
(g) All CSI-eligible facilities
located on covered agricultural lands, other than those mounted on the built
environment, shall:
1. Prepare a plan
identifying the following:
i. The location of
proposed above- and below-ground facility infrastructure;
ii. The sequence for facility infrastructure
removal and site restoration to prior agricultural conditions in the event that
solar installations will be removed; and
iii. Pre-construction soil quality
characteristics across the site on a 100-foot by 100-foot grid by a qualified
soil scientist or geotechnical engineer, including:
(1) Soil map unit;
(2) Soil textural classification;
(3) Hydrologic soil group;
(4) Organic matter content;
(5) Salinity; and
(6) Macro nutrient content (N, P,
K);
iv. Tabulate and
correlate to the grid, mapped characteristics to enable potential future
restoration of pre-grid installation conditions;
2. Indicate what party is responsible for
removal and restoration back to prior agricultural conditions in the event that
solar installations will be removed;
3. Have an assigned "environmental
inspector," with experience in solar construction methods on land in
agricultural use and agricultural production methods common to the area, who
shall be responsible for ensuring compliance with all applicable mitigation,
construction, and restoration procedures identified in Federal, State, and
county permits, State rules, and the project plan;
4. Be installed by a screw, piling, or
similar system that does not require a concrete footing or other permanent
mounting. In the event these methods of mounting are not practicable, written
justification shall be required by a licensed professional engineer responsible
for designing the installation, that permanent ground mounting is necessary to
conform with Federal or State laws, rules, or regulations and that the
permanent mounting requires footings, concrete, or other permanent
methods;
5. Retain stripped topsoil
onsite for potential future return to agricultural use. All retained topsoil
shall be permanently stabilized in accordance with the Standards for Soil
Erosion and Sediment Control in New Jersey,
N.J.A.C.
2:90-1.3; and
6. Prevent topsoil within inter-panel row
travel lanes from becoming compacted or otherwise comingled with subsoil layers
by construction traffic.
