N.J. Admin. Code § 7:7-23.6

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

Section 7:7-23.6 - Additional requirements specific to an application for an individual permit

(a) In addition to meeting the requirements at 7:7-23.2 and 23.4, an application for an individual permit shall meet the requirements of this section.

(b) An application for an individual permit shall include an Environmental Impact Statement (EIS). The EIS shall:

1. Describe in a narrative form:

i. The proposed development or activity;

ii. The characteristics of the site and the surrounding region; and

iii. The location of all proposed regulated activities, potential impacts from the construction process, and, as applicable, the operation of the development after completion and any monitoring or reporting methods that will be used;

2. Discuss the applicability of this chapter to the proposed development, including a detailed statement of compliance with each rule applicable to the type of development proposed;

i. Where the applicant believes a rule otherwise applicable to the type of development proposed does not apply, the applicant shall explain the reasons why the rule does not apply to the applicant's development;

3. Demonstrate, for an application for a CAFRA individual permit, that the findings set forth in CAFRA at 13:19-10, and at 7:7-1.4, which must be addressed in order for the Department to issue the approval, can be made for the proposed development; and

4. As necessary based on project-specific and site-specific circumstances, provide support by relevant experts for the assessments, discussions, and statements made in the EIS; include the qualifications of the persons who prepared each part of the EIS; and provide references and citations to all information, reports, or treatises that are mentioned in the EIS but not contained in the EIS.

(c) An application for an individual permit for development in an area under the Pinelands Area as designated under the Pinelands Protection Act at N.J.S.A. 13:18A-11.a, shall also include a Certificate of Filing, a Certificate of Completeness, or a resolution approving an application for public development, issued by the Pinelands Commission.

(d) If an activity for which an individual permit is sought requires mitigation in accordance with this chapter, the applicant may submit a mitigation proposal as part of the application for the individual permit. If the applicant does not submit a mitigation proposal with the application, the applicant shall submit the mitigation proposal at least 90 calendar days before the start of activities authorized by the permit, in accordance with N.J.A.C. 7:7-17.

(e) An application for an individual permit for the construction of wind turbines for which, in accordance with the energy facility use rule at 7:7-15.4, pre- and/or post-construction monitoring is required, shall include the proposed monitoring methodology.

(f) An application for an individual permit under the Waterfront Development Law or the Wetlands Act of 1970 that proposes the discharge of dredged or fill material into waters of the United States shall also constitute an application for a water quality certificate.

N.J. Admin. Code § 7:7-23.6

Adopted by 47 N.J.R. 1392(a), effective 7/6/2015

Amended by 50 N.J.R. 361(a), effective 1/16/2018

Amended by 53 N.J.R. 514(b), effective 4/5/2021