Current through Register Vol. 56, No. 18, September 16, 2024
(a) General permit 13 authorizes up to one
acre of dredging in palustrine emergent freshwater wetlands necessary to
restore or maintain a lake, pond, or reservoir to its original bottom contours,
provided all applicable requirements at N.J.A.C.
7:7A-5.7
and 20.3 are met and:
1. Dredging does not occur in wetlands that
are not palustrine emergent wetlands;
2. If the lake, pond, or reservoir is to be
lowered during dredging:
i. The permittee
obtains a lake lowering permit from the Department's Division of Fish and
Wildlife;
ii. Regulated activities
do not begin until the lake, pond, or reservoir is lowered in accordance with
the lake lowering permit; and
iii.
All regulated activities are discontinued before the lake, pond, or reservoir
is refilled;
3. In order
to minimize adverse impacts on fish and on the downstream environment:
i. All necessary measures, including
adjusting the timing of the dredging, are taken to prevent any detrimental
effect to spawning of fish in the lake, pond, or reservoir or downstream;
and
4. There is a
continuous flow of sediment-free water to the area downstream of the lake,
pond, or reservoir at all times during activities authorized under general
permit 13.
(b) In
accordance with
7:7A-2.2(b), if a
dredging project meets all of the following criteria, the project does not
require Department approval under this chapter:
1. The project disturbs State open waters
only, and does not disturb wetlands located in the lake, pond, or
reservoir;
2. The project does not
disturb wetlands or transition areas adjacent to the lake, pond, or reservoir;
and
3. The project does not involve
the discharge of dredged or fill material in the State open water. For example,
if the project involves placement of fill in a lake bed for an access road, or
involves temporary placement of dredged material on the lake bed prior to
removal of the dredged material, the project would be regulated and would
require Department approval.
(c) The permittee may temporarily disturb
wetlands (palustrine emergent or otherwise), transition areas, or State open
waters, beyond those disturbed directly by the dredging, in order to obtain
vehicular access for the dredging, provided:
1. Disturbance to wetlands, transition areas,
and/or State open waters for access does not exceed one eighth of an acre,
unless the applicant demonstrates in accordance with the standards at N.J.A.C.
7:7A-7.10B(d) that there is no alternative onsite location and/or configuration
that would provide access to the dredging with less adverse environmental
impact. If such a demonstration is made, the access disturbance may be
increased as necessary, but shall not exceed one-quarter acre; and
2. Upon completion of dredging, all access
disturbances are restored to their pre-existing elevation and
condition.
(d) In
addition to meeting all applicable application requirements at N.J.A.C.
7:7A-16, an application for authorization under general permit 13 shall
include:
1. Documentation, including, but not
limited to, aerial photography, original construction plans, core borings,
and/or other information, showing that dredging will go no deeper than the
original configuration and bottom contours of the lake, and will not enlarge
the lake beyond the original configuration; and
2. For a lake larger than five acres, the
following information:
i. A USGS quad map
showing all of the upstream land and water surface area which drains to the
lake. The map shall be marked to identify the main land uses in that upstream
drainage area;
ii. A list of the
sources of sediment in the lake, including all stormwater pipes, outfalls,
ditches, and similar features that discharge directly into the lake or that
discharge into a tributary to the lake within 1,000 feet of the lake. The
location of each listed source shall be indicated on the map required in (d)2i
above; and
iii. An estimate of the
percentage of that upstream drainage area that is covered by impervious
surfaces.
(e)
The Department shall not authorize activities under general permit 13 more
frequently than once every five years for a particular lake, pond or
reservoir.
(f) The permittee shall
dispose of dredged material in accordance with the requirements at
N.J.A.C. 7:7A-5.7
,
Conditions applicable to an authorization pursuant to a general
permit-by-certification or a general permit. The Department may require testing
of dredged material if there is reason to suspect that the material is
contaminated.
