New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 38 - HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES
Subchapter 5 - RARE, THREATENED AND ENDANGERED SPECIES HABITAT EVALUATIONS
Section 7:38-5.4 - Submittal requirements for Habitat Evaluations
Universal Citation: NJ Admin Code 7:38-5.4
Current through Register Vol. 56, No. 24, December 18, 2024
(a) Each Habitat Evaluation submitted to the Department shall include:
1. An introduction describing the goals of
the Habitat Evaluation;
2. A
description of the habitat requirements for each species identified in the
Natural Heritage Program letter pursuant to
N.J.A.C.
7:38-4.1(d)3 or 4,
including citations to appropriate literature and studies; and
3. The names, addresses and professional
qualifications of all persons who performed habitat evaluations, and/or species
surveys relied upon to support any conclusion reached in the Habitat
Evaluation.
(b) Animal habitat evaluations pursuant to N.J.A.C. 7:38-5.2 shall include three copies of the following:
1. A description of the site or
footprint of disturbance (as applicable), including, but not limited to:
i. Vegetation, elevation, slope and aspect,
and a description of any important topographic features such as cliffs, bluffs
and sinkholes on or within 0.5 mile of the boundary of the site or
footprint;
ii. The geology on the
site or within the footprint as described in the most current U.S. Geological
Survey (U.S.G.A.) bedrock geologic maps, a description of bedrock and surficial
deposits and location and description of any important geologic features such
as talus and caves within 0.5 mile from the boundary of the footprint or
site;
iii. The soil types on the
site or within the footprint as most currently classified and mapped by the
U.S. Department of Agriculture (U.S.D.A.) Natural Resources Conservation
Service and the location and description of any important soil features present
within 0.5 miles of the boundary of the footprint or site;
iv. The location and description of all
hydrologic features on the site or within the footprint, such as rivers,
streams, lakes, ponds, springs, seeps, vernal pools and waterfalls as well as
those located within 0.5 mile from the boundary of the footprint or
site;
v. The location and
description of all evidence of natural or man-made disturbance both on the site
or footprint and within 0.5 mile from the boundary of the footprint or
site;
vi. The location and
description of all upland, wetland, and aquatic ecological vegetative
communities on the site or within the footprint, based on quantitative data
collected during optimal time(s) of year using appropriate, scientifically
accepted terms of description and analysis techniques. Guidance with regard to
appropriate classification systems and techniques may be found in Guidelines
for Describing Associations and Alliances of the U.S. National Vegetation
Classification, by Jennings et al. (2003), The Ecological Society of
America--Vegetation Classification Panel, available at:
www.esa.org/vegweb/NVC_guidelines_v3.pdf
; Ecological Systems of the United States: A Working Classification of U.S.
Terrestrial System, by Comer et al. (2003), NatureServe, available at:
www.natureserve.org/library/usEcologicalsystems.pdf
; and Classification of Vegetation Communities of New Jersey: Second Iteration,
by Breden et al. (2001), Association for Biodiversity Information and New
Jersey Natural Heritage Program, available at:
http://njedl.rutgers.edu/njdlib,
Record ID #1980. For each ecological community identified on the site or within
the footprint, the evaluation shall include physiognomy, species composition
with a list of the most abundant plant species by strata (canopy tree,
subcanopy tree, shrub, vine, herbaceous, bryophyte), a description of
successional stage, slope degrees and aspect, geologic substrate (as indicated
in the most recent U.S.G.S. bedrock geologic maps), soil texture and pH (as
indicated in the most recent Soil Survey and verified by field sampling), depth
to water table (as indicated in the most recent Soil Surveys), and hydrologic
influences;
vii. A map showing the
location and composition of ecological communities on the site or within the
footprint and the location of important topographical, geological and
hydrological features identified in (b)1iv above;
viii. The results of rare, or threatened or
endangered animal species surveys for the purpose of supplementing scientific
data regarding the suitability of a particular habitat for a particular species
that were conducted in consultation with the Department and in accordance with
all Federal and State laws and regulations, including for each species
surveyed: the survey method, the surveyor's name(s), dates and times surveys
were performed, number of samples, and number of replications;
ix. A copy of any other relevant animal
survey or report to which the HPAA or HRAD applicant or their agent has access;
and
x. Any other information
relevant to assessing the suitability of habitat on the site or footprint of
disturbance for any rare, or threatened or endangered animal species.
(c) Plant habitat evaluations pursuant to N.J.A.C. 7:38-5.3 shall include three copies of the following:
1. A description of the site or
footprint of disturbance (as applicable), including, but not limited to:
i. Vegetation, elevation, slope and aspect,
and a description of any important topographic features such as cliffs, bluffs
and sinkholes within the footprint or on the site and as well as those located
within 0.5 mile from the boundary of the site or footprint;
ii. The geology on the site or within the
footprint as described in the most current U.S.G.S. bedrock geologic maps and
field sampling, a description of bedrock and surficial deposits and the
location and description of any important geologic features such as talus and
caves, as well as such features on or within 0.5 mile from the boundary of the
site or footprint;
iii. The soil
types on the site or within the footprint as most currently classified and
mapped by the U.S.D.A. Natural Resources Conservation Service and the location
and description of any important soil features present on and within 0.5 mile
from the boundary of the site or footprint;
iv. The location and description of all
hydrologic features on the site or within the footprint such as rivers,
streams, lakes, ponds, springs, seeps, vernal pools, and waterfalls present as
well as those located within 0.5 mile from the boundary of the site or
footprint;
v. The location and
description of natural or anthropogenic disturbance both on the site or within
the footprint as well as within 0.5 mile from the boundary of the footprint or
site;
vi. The location and
description of all upland, wetland, and aquatic ecological vegetative
communities on the site or within the footprint, based on quantitative data
collected during optimal time(s) of year using appropriate, scientifically
accepted terms of description and analysis techniques. Guidance with regard to
appropriate systems and techniques may be found in: Guidelines for Describing
Associations and Alliances of the U.S. National Vegetation Classification, by
Jennings et al. (2003), The Ecological Society of America--Vegetation
Classification Panel, available at:
www.esa.org/vegweb/NVC_guidelines_v3.pdf
; Ecological Systems of the United States: A Working Classification of U.S.
Terrestrial System, by Comer et al. (2003), NatureServe, available at:
www.natureserve.org/library/usEcologicalsystems.pdf
; and Classification of Vegetation Communities of New Jersey: Second Iteration,
by Breden et al. (2001), Association for Biodiversity Information and New
Jersey Natural Heritage Program, available at:
http://njedl.rutgers.edu/njdlib,
Record ID #1980. For each identified ecological community on the site or
footprint, the applicant shall submit data describing physiognomy, species
composition with a list of the most abundant plant species by strata (canopy
tree, subcanopy tree, shrub, vine, herbaceous, bryophyte), a description of
successional stage, slope degrees and aspect, geologic substrate (as indicated
in available U.S.G.S. bedrock geologic maps), soil texture and pH (as indicated
in available U.S.D.A. Natural Resources Conservation Service Soil Surveys and
verified by field sampling), depth to water table (as indicated in available
U.S.D.A. Natural Resources Conservation Service Soil Surveys), and hydrologic
influences;
vii. A map identifying
the location of the rare or endangered plant species habitat on the site or
within the footprint of disturbance as well as within 0.5 miles of the boundary
of the site or footprint, along with a list of the plant species documented in
the Department's Natural Heritage Database;
viii. The results of rare or endangered plant
surveys for the purpose of supplementing scientific data regarding the
suitability of a particular habitat for a particular species that were
conducted in consultation with the Department and in accordance with all
applicable Federal and State laws and regulations, including for each species
surveyed: the survey method, the surveyor's name(s), dates and times surveys
were performed, number of samples, and number of replications; literature
citations for the methodology used and a description of how the methodology was
applied to the survey, giving the following information: surveyor's name(s),
dates and times surveys were performed, number of samples, and number of
replications. This information shall be provided for each species
surveyed;
ix. A copy of any other
relevant plant survey or report to which the HPAA or HRAD applicant or their
agent has access; and
x. Any other
information relevant to assessing rare, or endangered plant species habitat at
the site or within the footprint of disturbance.
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