New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES
Subchapter 10 - REQUIREMENTS FOR ALL INDIVIDUAL FRESHWATER WETLANDS AND OPEN WATER FILL PERMITS
Section 7:7A-10.6 - Additional application requirements for an individual freshwater wetlands or open water fill permit
Universal Citation: NJ Admin Code 7:7A-10.6
Current through Register Vol. 56, No. 24, December 18, 2024
(a) In addition to the basic information required for all applications in N.J.A.C. 7:7A-10.2, the application checklist for an individual freshwater wetlands or open water fill permit shall require the following information:
1. The basic project
purpose of the proposed activity, including whether it is water-dependent, as
defined at N.J.A.C. 7:7A-1.4;
2. A line delineation LOI issued under
N.J.A.C.
7:7A-3.3, or a line verification LOI issued
under N.J.A.C. 7:7A-3.4, if an LOI of
either type has been issued. A presence/absence LOI issued under
N.J.A.C.
7:7A-3.2 is not sufficient. If no LOI has
been issued for the site, or if only a presence/absence LOI has been issued,
the application checklist shall require all information required for an
application for a line delineation LOI or line verification LOI. In addition,
the application checklist shall require the total area of wetlands and State
open waters, in acres, on the site before the regulated activity is performed,
and the total area, in acres, of wetlands and State open waters on the site
that will remain after the regulated activity is performed. The total area of
wetlands and State open waters on the site can be approximated using a
planimeter or other mapping technique;
3. Information regarding whether other
approvals are required for the activities by Federal, interstate, State and
local agencies for the activity; information regarding whether any such
approvals or denials have been received; and information regarding whether the
proposed activities are consistent with the rules, plans, or policies of other
Federal, interstate, State and local agencies; and
4. If a site is known or suspected to be
contaminated with toxic substances, and if the Department requests it, a
laboratory analysis of representative samples of the sediment on the
site.
5. A copy of the deed and/or
other legal documents pertaining to the site;
6. Information regarding special aquatic
sites, public lands, critical habitat, and other relevant environmental
features of the site; and
7. An
alternatives analysis that meets the requirements at (b) below.
(b) To ensure that the Department can evaluate all potential alternatives to a proposed project, the application checklist for an individual freshwater wetlands permit shall require an alternatives analysis that allows the Department to evaluate whether the requirements of N.J.A.C. 7:7A-7.2 are met, including, at a minimum the following:
1. A description of all
alternatives considered, including offsite alternatives as well as onsite
alternatives that could minimize environmental impacts on the site, and the
reasons for rejecting each alternative;
2. Information regarding the history of the
property as a whole, as necessary to evaluate the cost to the property owner of
various alternatives. Such information may include:
i. Document(s) showing when the property as a
whole, as defined at
N.J.A.C.
7:7A-1.4, was acquired and its purchase
price;
ii. Documentation of any
investments made to maintain and/or develop the property as a whole;
iii. Documentation of attempts by the
property owner to sell the property or to obtain other property; and
3. Documentation of the
environmental impacts of the proposed project, and of ways to minimize those
impacts.
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