Current through Register Vol. 56, No. 24, December 18, 2024
(a) In
addition to the basic information required for all applications under
N.J.A.C.
7:38-9.3, a person applying for an HRAD shall
provide the information specified in this section. All delineations, mapping
data and site plans shall be in paper form as well as digital GIS data that
conforms with "New Jersey Department of Environmental Protection Geographic
Information System: Mapping and Digital Data Standards" dated July 1, 2002 and
as provided at N.J.A.C. 7:1D, Appendix A. This document can be found at
http://www.nj.gov/dep/gis/njdepstandards02.pdf.
(b) All HRAD applications under N.J.A.C.
7:38-4 shall require the following:
1. A
completed copy of the HRAD checklist; and
2. Proof that the public notice requirements
below have been met. To prove that a document has been sent to a person, the
applicant shall submit either the white postal receipt bearing the recipient's
name, address, the date material was sent by certified mail and the cost to the
sender, or the green certified mail return receipt card. If a project is
located in more than one municipality or county, the notice requirements below
must be met for each municipality and county in which the site is located. The
applicant shall submit the following to the Department:
i. Proof that the municipal clerk has been
sent a copy of the entire application that was submitted to
Department;
ii. Proof that the
Highlands Council has been sent a copy of the entire application that was
submitted to Department;
iii. Proof
that a completed copy of the notice letter (Attachment A on the application
form) has been sent to each of the following:
(1) The municipal environmental commission
(if one exists);
(2) The municipal
planning board;
(3) The municipal
construction official;
(4) The
county planning board; and
(5) The
county environmental commission (if one exists); and
iv. Proof that neighboring landowners within
200 feet of the boundary of the site have been notified. The application shall
also submit a certified list of all landowners within 200 feet of the
boundaries of the site, that is less than 90 days old and obtained from the
municipality. If the proposed project is a linear development, as defined at
N.J.A.C.
7:38-1.4, which is greater than one-half mile
long, an applicant may satisfy this requirement to notify neighboring
landowners by sending a notice complying to all owners of land within 200 feet
of any proposed above surface structure (not including conveyance lines
suspended above the ground or small utility support structures such as
telephone poles) related to the linear facility, such as an access road, power
substation, grade separated interchange or similar structure and publishing a
display advertisement. The advertisement shall be:
(1) At least four column inches in
size;
(2) Published in the
newspaper of record for each municipality in which the site is located;
and
(3) Published in a newspaper
with regional circulation in the region in which the site is located.
(c) In
addition to the information required in (b) above, an application for a
footprint of disturbance HRAD for a portion of a site, under
N.J.A.C.
7:38-4.1(c)1 shall require
a site plan that depicts the location of and that separately labels the
following:
1. The proposed delineation of all
Highlands open waters and the associated 300-foot buffers on the site in its
entirety. The delineation shall be clearly marked in the field. If the
applicant has a currently valid approved Freshwater Wetlands letter of
interpretation (LOI), issued by the Department for the site under N.J.A.C.
7:7A-3, this may be submitted instead of the proposed delineation. If the site
contains no Highlands open waters, no delineation or other information is
required;
2. Soil borings and/or
other physical indicators of the presence or absence of Highlands open
waters;
3. Data sheets or other
materials that explain and support the delineation of Highlands open
waters;
4. The general location of
all upland forest areas on the portion of the property which is the subject of
the application. The general area shall be clearly marked in the field together
with the outer perimeter of the sample plots used to define the forest areas,
if such sampling plots were used. Forest areas that do not overlap with
Highlands open waters must be clearly labeled as upland forest;
5. Any relevant data sheets or other
materials that explain the determination of the area as forest. See
N.J.A.C.
7:38-3.9(b) for more
information on determining whether an area is considered forest;
6. Slopes:
i. Of greater than 20 percent; and
ii. Slopes ranging from 10 to 20
percent;
7. The location
and description of all ecological communities and rare, or threatened and/or
endangered wildlife species habitat, and rare or endangered plant species
habitat;
8. If an applicant seeks
to rebut a presumption of suitable habitat as set forth in
N.J.A.C.
7:38-4.1(d)3 or (d)4, a
Habitat Evaluation pursuant to
N.J.A.C.
7:38-5.2 or 5.3, as applicable;
9. Information, as detailed in
N.J.A.C.
7:38-3.10, regarding the potential or known
historic or archaeological areas on the site; and
10. Flagging in the field and a delineation
on the site plans of the footprint of disturbance that is the subject of the
HRAD.
(d) An applicant
seeking a boundary delineation HRAD, in accordance with
N.J.A.C.
7:38-4.1(c)2, shall submit
all information required in (b) above.
(e) An applicant seeking a boundary
verification HRAD issued under
N.J.A.C.
7:38-4.1(c)3 shall submit
all information required in (b) above, and all information required in (c)
above for the entire property.
