Current through Register Vol. 56, No. 24, December 18, 2024
(a) General permit 11 authorizes activities
in freshwater wetlands, transition areas, and State open waters necessary for
the construction of:
1. A stormwater outfall
structure;
2. An outfall structure
that discharges other than stormwater into State open waters, and which is
covered by a valid NJPDES permit issued by the Department under N.J.A.C.
7:14A;
3. An intake structure
located in a State open water, for which all approvals required by the
Department other than this general permit authorization have been
obtained;
4. A well that is part of
a non-public water system, as defined under the Department's Safe Drinking
Water Act rules at
N.J.A.C.
7:10-1.3 (this includes certain small private
portable water wells), provided that:
i.
There is no alternative onsite location for the well that would have less
environmental impact;
ii. The
source of the water supply to the well does not affect the hydrology of the
freshwater wetlands; and
iii. All
approvals required by the Department other than this general permit
authorization have been obtained;
5. Conveyance structures, such as pipes and
headwalls, associated with an outfall or intake listed in (a)1, 2, or 3 above;
and
6. Energy dissipation
structures, such as rip-rap, gabion baskets, and scour holes, associated with
an outfall or intake listed in (a)1, 2, or 3 above.
(b) General permit 11 does not authorize the
construction or placement of a detention or retention facility in freshwater
wetlands, transition areas, or State open waters.
(c) The Department shall issue a general
permit 11 authorization only if all applicable requirements at
N.J.A.C.
7:7A-5.7 and 20.3 are met and:
1. The activities disturb no more than one
quarter acre of freshwater wetlands, transition areas, and/or State open
waters, including both temporary and permanent disturbance;
2. The area disturbed during construction of
a conveyance structure is no wider than is necessary to comply with the United
States Occupational Safety and Health Administration safety standards for
excavations, set forth at 29 CFR Part 1926, Subpart P; and
3. The amount of rip-rap or other energy
dissipating material placed is the minimum necessary to prevent erosion, and
shall not exceed 10 cubic yards of fill per outfall, unless a larger amount is
required in order to comply with the Standards for Soil Erosion and Sediment
Control in New Jersey at N.J.A.C. 2:90.
(d) In addition to meeting all other
requirements under general permit 11, an intake structure shall:
1. Be designed and equipped so as to minimize
impacts to fish and other fauna through measures including, but not limited to,
the following:
i. The structure's location
and orientation;
ii. Protective
structures that prevent entrapment of fauna in the structure itself, or in a
diversionary canal or embayment; and/or
iii. Protective structures that prevent
aquatic biota from being sucked up against the structure (impingement) or being
sucked up into the structure (entrainment). Examples of such structures are
radial wells, fish bucket screens, and wedge-wires;
2. Be designed so as to ensure that the
wetlands are not drained;
3. Have
an intake velocity no greater than 0.5 feet of water per second; and
4. Comply with all applicable requirements
for intake structures in the Department's Safe Drinking Water Act rules at
N.J.A.C.
7:10-11.8(c).
(e) All activities under general
permit 11 shall comply with the specifications and requirements in the
Standards for Soil Erosion and Sediment Control in New Jersey at N.J.A.C. 2:90,
including activities which are exempted from or not regulated by those
Standards.
(f) For any excavated
area in freshwater wetlands, transition areas, and/or State open waters, the
following requirements apply:
1. The
excavation shall be backfilled to the preexisting elevation;
2. The uppermost 18 inches of the excavation
shall be backfilled with the original topsoil material if feasible;
and
3. The wetland and/or
transition area above the excavation shall be replanted, in accordance with
applicable BMPs, with appropriate indigenous species.
(g) Any pipes laid through wetlands,
transition areas, or State open waters shall be:
1. Properly sealed so as to prevent leaking
or infiltration;
2. Designed so as
not to form a path for groundwater to be discharged or drained from the
wetland; and
3. Placed entirely
beneath the pre-existing ground elevation unless the applicant shows that
placing some or all of the pipe above ground would be more environmentally
beneficial.
(h) A swale
in a wetland or transition area shall not be used as a substitute for
stormwater treatment. However, a swale may be used to convey stormwater through
a wetland or transition area if:
1.
Conditions on the site make it impracticable to use a buried pipe;
and
2. The applicant demonstrates
that the swale will not result in drainage of the wetlands or transition areas.
To demonstrate this, the applicant shall provide profiles and cross-sections
along the entire length of the swale, and any other information necessary to
demonstrate that drainage will not occur.
(i) Mitigation shall be performed for all
permanent loss and/or disturbance of 0.1 acres or greater of freshwater
wetlands or State open waters. Mitigation shall be performed for permanent loss
and/or disturbance of less than 0.1 acres of freshwater wetlands or State open
waters unless the applicant demonstrates to the Department that all activities
have been designed to avoid and minimize impacts to wetlands. For purposes of
this subsection, "minimize" means that the project is configured so that most
or all of it is contained in the uplands on the site, and that the wetlands are
avoided to the greatest extent possible. An applicant is not required to reduce
the scope of the project or to consider offsite alternatives to comply with
this requirement.
1. The mitigation shall
meet the substantive and procedural requirements at N.J.A.C. 7:7A-11 and shall
be submitted to the Department for review and approval no later than
90-calendar days prior to the initiation of regulated activities authorized by
this general permit.
