N.J. Admin. Code § 7:15-4.6

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:15-4.6 - Habitat Suitability Determinations

(a) Where an area is excluded from being eligible for sewer service area in accordance with 7:15-4.4 on the basis that it is within a habitat Rank 3, 4, or 5 on the Department's Landscape Maps of Habitat for Endangered, Threatened and Other Priority Wildlife, or within a Natural Heritage Priority Site, an applicant may seek a Habitat Suitability Determination from the Department to rebut the presumption that the habitat patch rank is accurate or that the habitat is suitable for the natural resource elements contained in a Natural Heritage Priority Site.

(b) If a project or activity requires a permit from the Department that addresses habitat for endangered and threatened wildlife species or natural resource elements occurring within a Natural Heritage Priority Site, the applicant may submit the permit application, request for habitat suitability determination, and plan amendment application concurrently, so that the Department may review a single Habitat Suitability Determination for a particular project or activity for compliance with this chapter and any relevant permit requirements. A habitat suitability determination is based upon conditions and information available at the time of the determination. A habitat suitability determination obtained prior to permit application may be subject to review to ensure that conditions and/or information have not changed since the issuance of the original determination. Issuance of a favorable Habitat Suitability Determination does not guarantee that other Department permits or approvals will be granted.

(c) An application for a Habitat Suitability Determination shall be submitted to the Department in accordance with 7:15-1.6 and shall include all the information required below, unless the Department advises the applicant in writing that any particular item(s) is not required for the area that is the subject of the application:

1. A letter from the Department's Natural Heritage Program issued within six months of the date of application stating if any endangered or threatened wildlife species or natural resource elements (plant species and/or ecological communities) listed in the Natural Heritage Database exist on or near the site. Information and forms relating to the Natural Heritage Program may be found on the State Forestry Services web page at

www.nj.gov/dep/parksandforests/natural/heritage or obtained from the Office of Natural Lands Management, Natural Heritage Program at:

New Jersey Department of Environmental Protection

State Forestry Services

Office of Natural Lands Management

Mail Code 501-04, P.O. Box 420

501 East State Street

Station Plaza #5, 4th Floor

Trenton, New Jersey 08625-0420

Phone: (609) 984-1339;

2. A description of the local/regional habitat requirements for each species identified by the Natural Heritage Program, including citations to appropriate literature and studies specific to local or New Jersey populations;

3. A description of the parcel, including, but not limited to:

i. Vegetation, elevation, slope, and aspect, and a description of any important topographic features such as cliffs, bluffs, and sinkholes on or within 0.25 miles from the boundary of the site;

ii. The geology of the site as described in the most current USGS bedrock geologic maps, a description of bedrock and surficial deposits, and the location and description of any important geologic features such as talus and caves within 0.25 miles from the boundary of the site;

iii. The soil types on the site as most currently classified and mapped by the U.S. Department of Agriculture Natural Resources Conservation Service and the location and description of any important soil features present within 0.25 miles from the boundary of the site;

iv. The location and a description of all hydrologic features on the site such as rivers, streams, lakes, ponds, springs, seeps, vernal pools and waterfalls, as well as those located within 0.25 miles from the boundary of the site;

v. The location and a description of all evidence of natural or man-made disturbance both on the site and within 0.25 miles from the boundary of the site;

vi. The location and a description of all upland, wetland, and aquatic ecological vegetative communities on the site, based on quantitative data collected during the optimal time(s) of the year using appropriate, scientifically accepted terms of description and analysis techniques. Guidance with regard to appropriate classification systems and techniques may be found in Guidelines for Describing Associations and Alliances of the U.S. National Vegetation Classification by Jennings et al. (2003), The Ecological Society of America--Vegetation Classification Panel, available at: www.vegbank.org/vegdocs/panel/NVC_guidelines_v3.pdf; Ecological Systems of the United States: A Working Classification of U.S. Terrestrial System by Comer et al. (2003), NatureServe, available at: www.natureserve.org/library/usEcologicalsystems.pdf; Classification of Vegetation Communities of New Jersey: Second Iteration by Breden et al. (2001), Association for Biodiversity Information and New Jersey Natural Heritage Program, available at: http://rucore.libraries.rutgers.edu/rutgers-lib/37114/; and Northeastern Terrestrial Wildlife Habitiat Classification by Morton et al. (2014) available at: http://rcngrants.org/content/northeastern-terrestrial-wildlife-habitat-classification. For each ecological community identified on the site, the evaluation shall include physiognomy, species composition with a list of the most abundant plant species by strata (canopy tree, subcanopy tree, shrub, vine, herbaceous, bryophyte), a description of successional stage, slope degrees, and aspect, geologic substrate (as indicated in the most recent USGS bedrock geologic maps), soil texture and pH (as indicated in the most recent Soil Survey and verified by field sampling), depth to water table (as indicated in the most recent Soil Surveys), and hydrologic influences;

vii. A map showing the location and composition of ecological communities on the site and the location of important topographical, geological and hydrological features identified in (b)3iv above;

viii. The results of endangered or threatened wildlife or plant species surveys, or biodiversity inventory, if such surveys or inventory were conducted for the purpose of supplementing scientific data regarding the suitability of a particular habitat for particular species or natural resource elements. Any such survey must be conducted in consultation with the Department and in accordance with all Federal and State laws and regulations, including for each species or natural resource element surveyed: the survey method, the surveyor's name(s), dates and times surveys were performed, number of samples, and number of replications. Note that negative survey results will not be interpreted by the Department as conclusive evidence that a site does not feature suitable habitat for an endangered or threatened wildlife species or natural resource element;

ix. The names, addresses, and professional qualifications of all persons who performed habitat evaluations and/or species surveys relied upon to support the application;

x. A copy of any or all other relevant survey(s) or report(s) conducted regarding the subject site to which the applicant or their agent has access; and

xi. Any other information relevant to assessing the suitability of habitat on the site for any endangered or threatened wildlife species or natural resource element occurrence.

(d) In making a Habitat Suitability Determination, the Department shall consider as suitable habitat any site that, based on the best available scientific information, provides any of the components necessary to sustain any endangered or threatened wildlife species or natural resource elements. For wildlife species, this may include, but is not limited to, nesting or breeding areas, foraging or feeding areas, resting or roosting areas, hibernacula or denning areas, migratory and/or movement pathways, areas necessary for lifecycle completion, or any site that is a part of a larger habitat area that provides all of the components necessary to sustain the endangered or threatened wildlife species in question. The determination shall be based upon evaluation of the administrative record consisting of, at a minimum:

1. The information provided by the applicant under (c) above;

2. Information available to the Department identifying which, if any, endangered or threatened wildlife species or natural resource element may have suitable habitat on the site. Such information includes, but is not limited to, the Landscape Maps, Natural Heritage Database, and records of documented species occurrences;

3. Scientific information related to the life history characteristics and habitat needs of the species, specific to New Jersey/regional populations;

4. The results of any wildlife or plant and/or natural resource element habitat surveys conducted by or in consultation with the Department and in accordance with the survey procedures at 7:7-11.4(a) and (b); and

5. The extent to which the site contains the characteristics of suitable habitat for each endangered and threatened wildlife species, or natural resource element including onsite and adjacent vegetation structure and composition, soil characteristics, wetland characteristics and hydrologic conditions, surrounding land use and disturbance levels, and any other factor that may affect the habitat suitability for any endangered or threatened wildlife species and/or natural resource element that are identified as part of on-site inspection(s).

(e) Based on the available information, the Department will:

1. Issue a written finding regarding the extent of suitable habitat, if any, for the parcel; or

2. Notify the applicant that seasonal conditions and/or conditions particular to a particular wildlife species or natural resource element in question do not permit the Department to verify the applicant's assessment of the suitability of habitat, explain the seasonal or species-specific conditions involved, and provide the applicant the option of either accepting a finding that the site constitutes suitable habitat for that wildlife species or natural resource element, or requesting that the Department delay verification of the applicant's assessment regarding the suitability of habitat until the appropriate season or when the appropriate species-specific conditions are present. If the applicant requests that the Department delay verification, the Department shall issue a finding in accordance with (e)1 above after its verification investigation is complete.

(f) A finding issued by the Department pursuant to (e) above shall be based upon the best information available to the Department at the time of issuance, and is subject to revision at any time based on new information.

N.J. Admin. Code § 7:15-4.6

Adopted by 48 N.J.R. 2244(a), effective 11/7/2016