Current through Register Vol. 56, No. 18, September 16, 2024
(a) An application for authorization under a
general permit, for an individual permit, or for a transition area waiver shall
be submitted electronically through the Department's online system at
http://nj.gov/dep/online,
including all application information and supporting documentation.
(b) In addition to meeting the requirements
at N.J.A.C. 7:7A-16.2, the applicant
is required to provide the following in the online application for a general
permit, individual permit, or transition area waiver:
1. The number and subject matter of the
general permit, individual permit, or transition area waiver under which the
application is being submitted;
2.
The name of, or other identifier for, the proposed regulated activity or
project;
3. The location of the
proposed regulated activity or project, including address, city, state, zip
code, municipality, State plane coordinates, watershed information, lot, and
block, as necessary;
4. Information
specific to the proposed project related to the requirements of the
authorization, permit, or transition area waiver under which the application is
being submitted;
5. Contact
information for the applicant, the property owner, any designated agent(s), and
the municipal clerk for each municipality in which the project is located,
including: name, address, telephone number, email address, municipality,
county, organization, and organization type;
6. The PIN that was issued to the applicant
upon registering with the Department's online system; and
7. The appropriate application fee set forth
at N.J.A.C. 7:7A-18.
(c)
In addition to meeting the requirements at (b) above, an application for an
authorization under a general permit, for an individual permit, or for a
transition area waiver shall include the following digital documents, which
must be uploaded to the online service in the format specified in the
appropriate application checklist:
1. A
completed Property Owner Certification form(s) signed by the applicant and all
individuals required to certify to the application in accordance with
N.J.A.C.
7:7A-16.2(d). The Property
Owner Certification form is available from the Department at the address set
forth at N.J.A.C. 7:7A-1.4;
2. Documentation that public notice of the
application has been provided in accordance with N.J.A.C. 7:7A-17, including a
completed Public Notice form, available from the Department at the address set
forth at N.J.A.C. 7:7A-1.4;
3. Site location maps, including the
following:
i. A copy of the tax map for the
property;
ii. A copy of the portion
of the county road map showing the property location; and
iii. A copy of the USGS quad map(s) that
includes the site, with the site clearly outlined to scale.
4. Site plans, certified in
accordance with
N.J.A.C.
7:7A-16.2(j), which
include the following, both on and adjacent to the site, as applicable:
i. Existing features, such as lot lines,
structures, land coverage, and vegetation, which are necessary to demonstrate
that the proposed regulated activity or project meets the requirements of this
chapter;
ii. All proposed regulated
activities; the size, location, and details of any proposed structures, roads,
or utilities; details of any clearing, grading, filling, excavation, and
dredging; the location and area of wetlands, transition areas, and/or State
open waters that will be disturbed and the limits of disturbance;
iii. Existing and proposed topography where
necessary to demonstrate that the proposed regulated activity or project meets
the requirements of this chapter. All topography shall reference NGVD or
include the appropriate conversion factor to NGVD; and
iv. Details of any proposed soil erosion and
sediment control measures;
5. In addition to the site plan specified at
(c)4 above, other visual representations, such as photographs, graphs, maps,
and tables, that illustrate existing site conditions and the proposed activity
or project;
6. Calculations,
analyses, reports, data, and supporting materials necessary to demonstrate that
the proposed activity or project meets the requirements of this chapter, and
the requirements of the Department's Stormwater Management rules at
N.J.A.C. 7:8, if applicable;
7. Information and certifications regarding
the presence or absence of endangered or threatened species habitat, critical
habitat for fauna or flora, historic or archaeological resources, or other
features on the site that are relevant to determining compliance with the
requirements of this chapter;
8. 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 soil or sediment on the site;
9. Any information necessary to ensure
compliance with State and/or Federal law, and/or to determine whether an
application for an authorization under a general permit, an individual permit,
or a transition area waiver meets State and/or Federal standards;
10. Any other information not listed in this
subsection, if necessary to ensure compliance with the Federal rules governing
the Department's assumption of the Federal 404 program at
40 CFR
233.30
; and
11. A copy of all conservation restrictions
that impact any portion of the site that is the subject of the
application.
(d) If a
proposed activity or project for which an authorization under a general permit,
an individual permit, or a transition area waiver is sought requires mitigation
in accordance with this chapter, the applicant may submit a mitigation proposal
as part of the application for the authorization. If the applicant does not
submit a mitigation proposal with the application, the applicant shall submit
the mitigation proposal at least 90 calendar days before the start of
activities authorized by the permit, in accordance with N.J.A.C.
7:7A-11.
