N.J. Admin. Code § 7:13-8.9

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

Section 7:13-8.9 - General permit-by-certification 9-sediment and debris removal within and/or adjacent to a bridge, culvert, or outfall by a public entity

(a) General permit-by-certification 9 authorizes a public entity to use machinery to remove accumulated sediment and debris from a regulated water, within and/or adjacent to a lawfully existing bridge, culvert, or stormwater discharge pipe, provided the conditions at N.J.A.C. 7:13-6.7 are met and:

1. All machinery is situated outside the regulated water, except for handheld equipment such as hydraulic pumps. Heavy machinery such as backhoes may be used to reach into the regulated water to remove material, but cannot be driven or otherwise placed in the regulated water;

2. The sediment and debris removal is necessary to maintain positive flow through the structure and/or regulated water;

3. The material to be removed consists solely of accumulated sediment and debris and does not alter the natural bed and banks of the regulated water;

4. Work is limited to within 100 feet of the structure;

5. All work is performed by, or under the supervision of, a public entity;

6. All work is performed with the full consent of the owner of any property upon which the project is undertaken;

7. No riparian zone vegetation is cleared, cut, and/or removed, unless such disturbance is unavoidable, necessary to gain access to the regulated water, and minimized;

8. No trees are cleared, cut, and/or removed in a riparian zone;

9. The project is conducted from only one bank, and the existing tree canopy on the more southerly or westerly bank is preserved in order to shade the regulated water;

10. Where work is proposed along a trout production or trout maintenance waters, the timing restrictions set forth at 7:13-11.5(d) are observed; and

11. All material removed is disposed of outside of any regulated area and in accordance with all applicable Federal, State, and local requirements.

N.J. Admin. Code § 7:13-8.9

Adopted by 48 N.J.R. 1067(a), effective 6/20/2016