Current through Register Vol. 56, No. 18, September 16, 2024
(a) In addition
to meeting the requirements at
N.J.A.C.
7:7A-16.2, an application for an LOI shall
include the following material, in the number and format specified in the
appropriate application checklist:
1. A
completed application form, available from the Department at the address set
forth at N.J.A.C. 7:7A-1.4
. This
form requires basic information regarding the requested LOI, including LOI
type, name and address of the applicant and any designated agent(s), the
specific site or portion of site that is the subject of the application, and
certifications as to the truth and accuracy of the information provided and as
to the ownership of the property;
2. Documentation that public notice of the
application has been provided in accordance with N.J.A.C.
7:7A-17;
3. The
appropriate application fee as set forth at N.J.A.C. 7:7A-18; and
4. A survey, certified in accordance with
N.J.A.C.
7:7A-16.2(j), shall be
submitted for every LOI, except a presence/absence LOI for an entire site. All
surveys shall be conducted and documentation provided in accordance with the
requirements at N.J.A.C. 7:36 Appendix 2, or a subset of these requirements as
may be defined by the appropriate LOI checklist.
i. The survey for a presence/absence LOI for
a portion of a site under
N.J.A.C.
7:7A-4.3(c)2 shall identify
the portion(s) of the site that is the subject of the application.
5. Consent from the owner of the
site allowing the Department to enter the site in a reasonable manner and at
reasonable times to inspect the site. This consent shall continue in effect for
the duration of the application review and decision process, including for the
duration of any appeal made from the decision on the application.
(b) In addition to meeting the
requirements at (a) above, an application for a line verification LOI issued
under N.J.A.C. 7:7A-4.5
shall
include the following material, in the number and format specified in the
appropriate application checklist:
1. A
proposed delineation of all freshwater wetlands, transition areas, and State
open waters on the site, or portion thereof, which is the subject of the
application. The delineation shall be clearly marked in the field as required
by the application checklist. When delineating a State open water one to five
feet in width measured from top of bank, with no wetland boundary, the
delineation shall indicate the centerline of the State open water with several
data points numbered and shown on the plans. When delineating a State open
water that is greater than five feet in width, the delineation shall include
two survey lines, with numbered points, depicting the top of bank on both sides
of the State open water;
2. Data
sheets or other materials that explain and support the delineation including,
but not limited to:
i. Soil logs describing
the soil characteristics at the location of each soil boring, including a
description of the field indicators, or lack thereof, for hydrology as outlined
in the 1989 Federal Manual and as specified in the appropriate application
checklist; and
ii. A description of
the vegetative species on the site recorded at each soil boring location as
specified in the appropriate application checklist;
3. If the applicant would like the Department
to verify that a wetland is an isolated wetland, a request for that
determination, and supporting documentation demonstrating that the wetland is
isolated. For example, if inlets or pipes are present in the vicinity of the
subject wetland, a map of the storm sewer system depicting the endpoint and
invert elevations of the inlet or pipe; and
4. If the LOI is for a portion of a site,
documentation that the site and portion meet the requirements at
N.J.A.C.
7:7A-4.5(b)
3i
through iii, and information identifying the subject portion of the site in
accordance with N.J.A.C.
7:7A-4.5(b)
3iv.
(c) If a
site is located in an area under the jurisdiction of the Pinelands Commission,
the Department shall not issue a letter of interpretation. The lead agency in
this area for determining the presence, absence, or extent of freshwater
wetlands is the Pinelands Commission. However, in cases of disagreement, the
Department and the Pinelands Commission retain authority to independently or
jointly establish these boundaries.
