N.J. Admin. Code § 7:20-1.10

Current through Register Vol. 56, No. 9, May 6, 2024

Section 7:20-1.10 - Construction

(a) Requirements relating to supervision of dam construction are as follows:

1. All applicants shall submit a written description and schedule of the proposed construction, including:

i. The estimated time to complete the construction activities, see 7:20-1.4(e);

ii. Where applicable, a description of the means by which stream flow will be diverted around or through the dam site, or otherwise kept from interfering with the work;

iii. The number of inspectors designated for inspection for construction quality control; and

iv. Steps to be taken to minimize erosion and sediment production during construction.

2. The extent and method of inspection for construction quality control must be described and approved by the Department, including an inspection schedule.

3. The diversion facility, as outlined under 1i above, must remain open and no water may be permanently stored in the reservoir until the permittee demonstrates to the Department that storage of water will neither interfere with construction activities nor create a hazard to life, health or property.

4. The professional engineer responsible for inspecting the construction must submit progress reports to the Department at least once each month during the construction period.

5. The permittee shall promptly advise the Department of all proposed changes in the approved design, plans or specifications. There may be no change in the approved design, plans or specifications without prior approval of the Department. Written prior approval from the Department is required for major modifications, which shall include significant changes in scale, use, design, impact, etc. of the project, as initially approved. The Department may require written prior approval of any proposed modification. All approved changes must be recorded on the complete set of as-built plans, required in (a)6 below. The Department may require the submission of revised designs at any time.

6. A complete set of as-built designs, plans and specifications must be submitted to the Department upon completion of the project.

7. The professional engineer who has inspected the construction shall submit written certification that the structure has been built in conformance with the designs, plans and specifications, and with any changes approved by the Department.

(b) The Department may, in its discretion, require the owner to obtain the services of an Independent Review Board to oversee the design and construction of any proposed or existing dam.

(c) Construction inspection program requirements are as follows:

1. The Department may inspect the dam during construction to insure that it is being built in compliance with the designs, plans and specifications submitted to the Department. Departmental inspections in no way relieve either the permittee or the professional engineer in charge from the responsibility of providing adequate inspection of the work.

2. If, at any time during the progress of the work, the Department finds that the work is not being performed in accordance with the approved designs, plans and specifications and any approved changes, the Department will serve a written notice to that effect on the permittee or his representative. Such notice will state the particulars with which the work has not complied. Additionally, the Department may order the immediate compliance with such designs, plans, specifications, and changes and suspension of all other work until compliance has been effected. If the owner or his representative fails to comply with this order, the permit under which construction is authorized may be revoked or suspended by the Department.

3. Upon receipt of the as-built plans required in (a)6 above and the engineer's certification required in (a)7 above, the Department will inspect the completed construction within 45 days. If the Department finds that construction was completed in accordance with the approved designs, plans, specifications and approved changes, the construction will be approved in writing within 30 days. The approval date shall be the date such approval is sent by the Department.

4. In the 12th month following approval of construction by the Department pursuant to (b)3 above, the Department may make a final inspection of the construction. If the Department makes a final inspection of the construction, a final approval will be given by the Department if the final inspection shows that the terms of the permit, designs, plans, specifications and approved changes thereof have been met.

N.J. Admin. Code § 7:20-1.10

Amended by R.1990 d.276, effective 6/4/1990.
See: 22 N.J.R. 279(a), 22 N.J.R. 1760(a).
Added new (b), redesignated existing (b) as (c). In (c)3, 45 days was 30 days and 30 days was 14 days, and in (c)4, final inspection by DEP made discretionary.