Current through Register Vol. 56, No. 24, December 18, 2024
(a) A person may undertake more than one
regulated activity on a single site. The activities may be authorized under one
or more general permits-by-certification and/or general permits, provided:
1. The individual limits of each general
permit-by-certification and/or general permit are complied with. If activities
under one general permit-by-certification and/or general permit are conducted
in more than one place on a site, the total disturbance caused by all
activities at all locations onsite under that general permit-by-certification
and/or general permit shall be summed in order to determine if the limits in
the general permit-by-certification and/or general permit are met. For example,
if an applicant seeks authorization for more than one outfall structure under
general permit 11 (N.J.A.C. 7:7A-7.11) on a site, the impacts from all of the
structures shall be summed and the total must be no greater than 0.25 acres,
which is the acreage limit for that general permit (see N.J.A.C. 7:7A-7.11(c)1
). In a second example, if an applicant proposes a minor road crossing under
general permit 10B (N.J.A.C. 7:7A-7.10B) and two outfall structures under
general permit 11 on the same site, the minor road crossing cannot exceed 0.25
acres, which is the acreage limit for that general permit (see N.J.A.C.
7:7A-7.10B(b)2), and the combined impact of the two outfall structures cannot
exceed the 0.25-acre limit for general permit 11. Other than the combination of
general permits 6 and 6A, the Department shall not authorize the combination of
two different general permits-by-certification or general permits, or
combination thereof, for a single activity. For example, if an applicant seeks
authorization for a road crossing that will have an impact of 0.60 acres, an
individual permit will be required because the Department will not authorize
0.25 acres under general permit 10B to be combined with 0.35 acres under
general permit 6, which has a one-acre limit (see N.J.A.C. 7:7A-7.6(a)1) for a
minor road crossing of 0.60 acres. In addition, other than the combination of
an access transition area waiver (see
N.J.A.C.
7:7A-8.1(a)5), a transition
area waiver averaging plan (see
N.J.A.C.
7:7A-8.2), a special activity transition area
waiver for linear development (see
N.J.A.C.
7:7A-8.3(e)), or a special
activity waiver for redevelopment (see
N.J.A.C.
7:7A-8.3(f)), with a general
permit, the Department shall not authorize the combination of a general permit
or general permit-by-certification with a transition area waiver for a single
activity if the combined effect of the transition area waiver and general
permit authorization would be to expand the general permit activity beyond the
limits set forth in the general permit;
2. The total combined area of wetlands, State
open waters, and transition areas disturbed or modified on the site under
general permits 2, 6, 6A, 7, 8, 10A, 10B, 11, 12, 13, 14, 17, 17A, 18, 19, 21,
23, 24, and 25, and general permits-by-certification 8 and 24 does not exceed
one acre with the exception of the following:
i. Disturbance of State open waters as part
of a lake dredging project under general permit 13 at N.J.A.C. 7:7A-7.13.
However, disturbance of wetlands or transition area in the lake or for access
to the dredging project shall be counted toward the one acre limit in this
subsection;
ii. Disturbance of
State open waters as part of a channel or stream cleaning project under general
permit 25 at N.J.A.C. 7:7A-7.25. However, disturbance of wetlands or transition
area in the channel or stream or for access to the channel or stream cleaning
project shall be counted toward the one acre limit in this
subsection;
iii. Disturbance of a
transition area solely for access to a general permit activity performed in a
wetland in accordance with
N.J.A.C.
7:7A-8.1(a)5; and
iv. Disturbance authorized under general
permit 17 on a publicly owned site or on land dedicated for conservation and/or
recreation purposes;
3.
The Department shall not authorize disturbance under both general permit 10A
and general permit 10B for the same site; and
4. The Department shall not authorize
multiple crossings of the same wetland or State open water unless:
i. There is no other location, design and/or
configuration for the proposed crossing that would provide access to an
otherwise developable lot that would reduce or eliminate the disturbance to a
wetland or State open water; and
ii. Shared driveways are used to the maximum
extent possible to access multiple lots.
(b) The Department may authorize activities
under a general permit-by-certification and/or general permit more than once on
the same site, and/or at different times on the same site. However, the total
disturbance authorized on a site under general permits-by-certification and/or
general permits since July 1, 1988, shall meet the criteria for use of multiple
general permits set forth at (a)1 and 2 above.
(c) If a general permit-by-certification or
general permit is not listed at (a)2 above, any acreage disturbed under that
general permit-by-certification or general permit is not counted towards the
one acre limit in (a)2 above, regardless of whether the general
permit-by-certification or general permit is used singly or in combination with
other general permits-by-certification or general permits, and regardless of
whether the general permit-by-certification or general permit is used once or
repeatedly.
(d) In addition to the
limits above in this section, the Department shall not authorize activities
under general permit numbers 13, 15, or 18 more often than once every five
years on a single site.
