Current through Register Vol. 56, No. 24, December 18, 2024
(a) In addition to the standard conditions
required in all permits under N.J.A.C. 7:7A-20.2, the Department shall
establish conditions in a permit, including a waiver or general permit
authorization, as required on a case-by-case basis, to assure compliance with
all applicable requirements of the Federal Act, the Freshwater Wetlands
Protection Act, the Water Pollution Control Act, this chapter and other
applicable rules or regulations. For the purposes of this subsection, an
applicable requirement is a statutory or regulatory requirement which takes
effect before the Department's final administrative decision on a permit, or
before the modification or termination and reissuance of a permit.
(b) In addition to the standard requirements
in N.J.A.C. 7:7A-20.2, each permit shall include information meeting the
following requirements, when applicable:
1. A
specific identification and description of the authorized activity, including:
i. The name and address of the permittee and
the permit application identification number;
ii. The use or purpose of the regulated
activity;
iii. The type and
quantity of the materials to be discharged or used as fill;
iv. Any structures proposed to be
erected;
v. The location and
boundaries of the activity site(s), including a detailed sketch and the name
and description of affected freshwater wetlands, State open waters, and
transition areas, identification of the HUC 11 and watershed management area;
and
vi. A reference to the specific
site plans depicting the approved regulated activity(ies);
2. Provisions ensuring that the regulated
activity will be conducted in compliance with the findings and/or environmental
guidelines issued under section 404(b)(1) of the Federal Act at 40 CFR Part
230, the Freshwater Wetlands Protection Act, and this chapter, including
conditions to ensure that the regulated activity shall be conducted in a manner
which minimizes adverse impacts upon the physical, chemical, and biological
integrity of the waters of the United States and/or waters of the State, such
as requirements for restoration or mitigation;
3. Any requirements necessary to comply with
water quality standards established under applicable Federal or State law. If
an applicable water quality standard is promulgated or modified after the
permit or waiver is issued, the permit or waiver shall be modified as provided
in N.J.A.C. 7:7A-20.6.
4.
Requirements necessary to comply with any applicable toxic effluent standard or
prohibition under section 307(a) of the Federal Act or applicable State or
local law. If an applicable toxic effluent standard or prohibition is
promulgated or modified after the permit or waiver is issued, the permit or
waiver shall be modified as provided in N.J.A.C. 7:7A-20.6;
5. Applicable best management practices
(BMPs);
6. Any conditions necessary
for general permits as required under N.J.A.C. 7:7A-5 or 7;
7. A specific date on which the permit shall
automatically expire if the authorized work has not been commenced, unless
before the automatic expiration date the permit is terminated and reissued, or
modified, or extended; and
8.
Reporting of monitoring results. All permits and waivers shall specify:
i. Requirements concerning the proper use,
maintenance, and installation, when appropriate, of monitoring equipment or
methods (including biological monitoring methods when appropriate);
ii. Required monitoring including type,
intervals, and frequency sufficient to yield data which are representative of
the monitored activity including, when appropriate, continuous monitoring;
and
iii. Applicable reporting
requirements based upon the impact of the regulated activity.
(c) The Department may
in some cases include a permit condition requiring a preconstruction meeting on
the site of permitted activities. Such a condition shall specify how many days
prior to construction the permittee must notify the Department so that the
preconstruction meeting can be scheduled.
(d) All permit conditions shall be
incorporated either expressly or by reference. If incorporated by reference, a
specific citation to the applicable rules or regulations or requirements shall
be given in the permit.
