N.J. Admin. Code § 7:13-13.12

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:13-13.12 - Monitoring and reporting for riparian zone creation, restoration, and enhancement

(a) This section sets forth monitoring and reporting for approved plans for riparian zone creation, restoration, and enhancement.

(b) Within 60 calendar days after the construction of a creation, restoration, or enhancement project is completed, the mitigator shall submit a construction completion report to the Department. The Department may establish a different timeframe for the submittal of the construction completion report if it determines doing so would better facilitate assessing the progress and success of the mitigation. The construction completion report shall include:

1. An as-built plan of the completed mitigation area, showing the species and densities of plantings, and any grading necessary to accomplish the approved mitigation proposal;

2. Photographs of the completed mitigation; and

3. An explanation for any deviation from the approved mitigation proposal.

(c) In addition to the construction completion report required under (b) above, the mitigator shall submit a post-construction monitoring report to the Department each year for five years after completion of any creation, restoration, or enhancement project, unless a different timeframe for submittal is specified in the approved mitigation proposal. The Department may modify the frequency and/or duration of required reporting if it determines that such modification is necessary to ensure the success of the mitigation. Post-construction monitoring shall begin the first full growing season after the mitigation project is completed.

(d) The post-construction monitoring report required under (c) above shall be submitted to the Department by December 31 of each year and shall include:

1. An executive summary;

2. The requirements and goals set forth in the approved mitigation proposal;

3. A detailed explanation of the ways in which the mitigation has or has not achieved progress toward those goals. If mitigation has not achieved progress, the report shall also include a list of corrective actions to be implemented as determined pursuant to (e) below and a timeline for completion;

4. Information required by the riparian zone mitigation monitoring checklist available from the Department at the address set forth at N.J.A.C. 7:13-1.3. For a riparian zone mitigation project, the checklist requires the following information:

i. A USGS quad map and an aerial photograph on which the limits of the mitigation site and all proposed access points are clearly indicated;

ii. Photographs of the mitigation site, with a location map indicating the location and direction of each photograph; and

iii. An assessment of the planted vegetation and the species that are naturally colonizing the site including relevant data, photographs, and field observation notes collected throughout the monitoring period.

(e) The standards by which the mitigation project shall be determined to be successful are set forth at (e)1 through 4 below. The mitigator shall submit a post-construction monitoring report as required at (d) above demonstrating that these standards have been met. The standards are:

1. The goals of the approved riparian zone mitigation proposal have been achieved;

2. The percent coverage of the planted vegetation as detailed in the approved mitigation plan has been achieved;

3. The mitigation provided meets all applicable requirements of this subchapter; and

4. The permittee has executed and recorded (or caused to be executed and recorded if the mitigation has occurred on public property) the conservation restriction for the mitigation area, which meets the requirements of N.J.A.C. 7:13-14.

(f) The Department shall determine, after consultation with the mitigator, the appropriate corrective action(s) that the mitigator must implement so that the standards at (e) above are met. Corrective actions may include regrading or replanting the mitigation site, relocation of the mitigation project to another, more suitable site and/or extending the monitoring period as necessary to ensure success of the mitigation.

N.J. Admin. Code § 7:13-13.12

New Rule, R.2016 d.055, effective 6/20/2016.
See: 47 N.J.R. 1041(a), 48 N.J.R. 1067(a).
Recodified from N.J.A.C. 7:13-13.11 by R.2017 d.141, effective 7/17/2017.
See: 48 N.J.R. 1014(a), 49 N.J.R. 2246(a).
Former N.J.A.C. 7:13-13.12, Riparian zone preservation, recodified to N.J.A.C. 7:13-13.13.