Current through Register Vol. 56, No. 18, September 16, 2024
(a) Renewals with no or
minor modifications, as identified in
7:20A-2.2(b), shall be
processed in accordance with this section. Renewals with major modifications shall
be processed in accordance with
7:20A-2.5.
1. An application for renewal of a current water
usage certification shall be submitted to the appropriate county agricultural agent
at least three months prior to the expiration date of the existing
certification.
2. An applicant for
renewal of a current water usage certification shall submit the appropriate
application forms and other information as requested by the Department for the
proper implementation of the Act and this chapter.
3. If the certification holder does not comply
with (a)1 and 2 above, the Department may:
i.
Notify the certification holder by certified mail that the permit has
expired;
ii. Take appropriate
enforcement action including the assessment of penalties under N.J.A.C. 7:19-18;
and/or
iii. Require the certification
holder to file an application as a new applicant in accordance with this
chapter.
4. A current water
usage certification for which a complete renewal application package has been
submitted to the county agricultural agent three months prior to the expiration date
shall remain in effect until the Department grants or denies the renewal
application.
(b) In addition
to the requirements in
7:20A-2.3, the applicant for renewal
shall submit a completed application form including the following information:
1. The name, address, and telephone number of the
property owner, and the authorized representative, if different;
2. The total number of acres owned or operated for
agricultural, aquacultural, or horticultural purposes, the number of acres actively
being farmed or otherwise utilized for agricultural, aquacultural, or horticultural
purposes, the U.S. Department of Agriculture soil mapping unit, the amount of
impervious surface in acres currently on the farm management unit and/or planned in
the future, the acreage planted in each crop, and the number of acres of each crop
under irrigation;
3. A description of
the location of each diversion source, and the name and pumping capacity for each
diversion source;
4. The location of
each diversion source shall be identified as required by
7:20A-2.3(e);
5. If the diversion source is a well, the State of
New Jersey assigned well permit number, the well depth and diameter, and the date
the well was drilled;
6. If the
diversion source is a surface water body other than an off-stream pond, the drainage
area in square miles, upstream of the intake. Drainage area information is available
from the United States Geological Survey by calling 609-771-3900 or from its web
site at
www.usgs.gov;
7. If the diversion source is an on-stream or
off-stream pond, the average depth, surface area in acres, and the source of water
to the pond, including any wells or streams that are used for
supplementation;
8. A description of the
irrigation or water use practices and irrigation equipment used;
9. A description of the method used to measure the
amounts of water diverted from each diversion source; and
10. To demonstrate the method used to determine
water use, for the last month of operation prior to application, a copy of the daily
and/or monthly hours of operation of each diversion source, and the quantity of
water diverted for that month for calculated diversions or a copy of the month-end
flow meter readings from each diversion source for metered diversions as taken from
the log or other appropriate record, as required pursuant to
7:20A-2.6(a)4.
i. For a cranberry growing operation, the
applicant shall provide the method used to measure water usage to ensure the same
volume of water is not counted multiple times if it is transferred within the bog
system of the cranberry growing operation.
(c) The appropriate county agricultural agent
shall notify the applicant if the application submitted under (b) above is
incomplete, and shall request that the applicant submit any necessary information to
the county agricultural agent within 30 days of the date of notification.
(d) Upon receipt of a complete application, the
appropriate county agricultural agent shall calculate a water allocation adequate to
meet the applicant's water usage requirements based upon the information submitted
under (b) above and the agent's knowledge of agriculture, aquaculture, and
horticulture and shall submit the application to the Department.
1. The amount of water requested shall be limited
to the type of crop under cultivation, and the area in acres of the farm management
unit actually under cultivation, or where there is a formal written agricultural
development plan or an alternate plan pursuant to (d)4 below, the amount of water
requested shall be based on future use or expansion into non-cultivated areas during
the effective term of the water usage certification. If upon renewal of the water
usage certification, the amount of water allocated has not been utilized or the area
in the agricultural development plan or an alternate plan pursuant to (d)4 below has
not been cultivated in accordance with the plan, the Department may reduce the
amount of water in accordance with (h) below in the water usage certification that
had been allocated to that area or for that purpose.
2. The agricultural development plan shall include
at a minimum:
i. A map of the farm management unit
with the area currently under cultivation depicted;
ii. A map of the farm management unit with the
area planned to be cultivated during the effective period of the certification
depicted;
iii. A list of crop types
currently cultivated and the area in acres of each crop type irrigated;
and
iv. A list of crop types planned to
be cultivated during the effective period of the certification and the area in acres
of each crop type to be irrigated.
3. The agricultural development plan shall be
submitted with the application.
4. In
lieu of the agricultural development plan described at (d)2 above, the Department
will accept a water management plan developed in cooperation with the United States
Department of Agriculture, Natural Resources Conservation Service (NCRS) or other
similar water conservation plan, if such plan meets, as determined by the
Department, the requirements at (d)2 above sufficient to enable the Department to
make a determination regarding the amount of unused allocation to be included in the
water usage certification.
(e) If the applicant requests renewal of the
certification with no modification or renewal with minor modification, as identified
at 7:20A-2.2(b), the
appropriate county agricultural agent shall submit to the Department the
application, the county agent's recommendation for an adequate water allocation
calculated under (d) above, and recommended additional conditions, if any.
(f) The Department shall review the application,
the county agricultural agent's recommended water allocation and conditions, and the
applicant's historical water usage as reported in accordance with
7:20A-2.6(a)5 in
consultation with the county agricultural agent, and shall determine if the
allocation is reasonably required for future use as described in the plan at (d)1
through 3 above to determine if the allocation is reasonably required for future
use.
(g) If the Department determines
under (f) above that the allocation is reasonably required for the applicant's
future use, the Department shall renew the certification with the appropriate
allocation and conditions as outlined at
7:20A-2.6(a) for a
term of five years.
(h) If the
Department determines under (f) above that the allocation is not reasonably required
for future use and the certification holder's allocation should be reduced below the
amount requested in the application or in the existing certification on renewal, the
Department shall:
1. Prepare a written analysis of
the proposed reduction in allocation which shall be available for review on
request;
2. Notify the applicant and the
appropriate county agent of the proposed reduction in allocation, including the
written analysis; and
3. Provide an
opportunity for the water usage certification holder to submit to the Department,
within 30 days of the notification of the reduced allocation, written comments
and/or a request for a public hearing, on the proposed reduction in
allocation.
(i) If the
Department does not receive any requests for a hearing on the proposed reduction in
allocation within the comment period established under (h)3 above, the Department
shall renew the certification for a term of five years with the appropriate
allocation and conditions as outlined at
7:20A-2.6(a), or issue
a water usage registration if the recommended allocation is less than 100,000
gallons per day, and shall include a summary of responses to all written comments
timely received.
(j) If the Department
receives a written request for a public hearing on the proposed reduction in
allocation within the comment period established under (h)3 above, the Department
shall hold a public hearing and subsequently shall renew the certification for a
term of five years in accordance with the following:
1. The Department shall schedule the public
hearing within 30 days of the close of the comment period established under (h)3
above;
2. At least 15 days before the
scheduled date of the public hearing, the Department shall notify the applicant, the
appropriate county agricultural agent, and each person who submitted a request for a
public hearing, and shall also publish a notice of the public hearing in a newspaper
of general circulation in the area of the certification holder's diversion sources;
and
3. Within 60 days after the public
hearing, the Department shall renew the certification for a term of five years, or
issue a water usage registration if the recommended allocation is less than 100,000
gallons per day, with the appropriate allocation and conditions as outlined at
7:20A-2.6(a), and shall
include a summary of responses to all comments received within the public comment
period established under (h)3 above and at the public hearing.
