N.J. Admin. Code § 7:15-4.7

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

Section 7:15-4.7 - Habitat Impact Assessment

(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 Impact Assessment from the Department for a proposed project or activity to determine if the area may be included within the sewer service area. The Habitat Impact Assessment shall consider the likely effects of the proposed development on the local populations of the particular wildlife species or on the natural resource elements. The impacts shall be assessed using accepted ecological principles and scientific literature on each species or natural resource element and both direct and indirect impacts of the proposed development shall be considered. This assessment shall be based on habitat requirements and life history of each species, or natural resource element occurrence, and the manner in which the proposed development may alter habitat, including, but not limited to, vegetation, soils, substrate, bathymetry, salinity, hydrology, wildlife movement corridors, human disturbance, and effects on competitor, parasite, or predator species.

(b) The information submitted in support of an application for a Habitat Impact Assessment in accordance with (d) below shall demonstrate that the proposed development will not adversely affect the population(s) or habitat of endangered or threatened wildlife species that resulted in identification of the site, or an area surrounding the site, as endangered or threatened wildlife species habitat, or the natural resource element occurring within the Natural Heritage Priority Site.

(c) 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 Impact Assessment, and plan amendment application concurrently, so that the Department may review a single Habitat Impact Assessment for a particular project or activity. A Habitat Impact Assessment is based upon conditions and information available at the time of the assessment. A Habitat Impact Assessment 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 assessment. Issuance of a favorable Habitat Impact Assessment does not guarantee that other Department permits or approvals will be granted.

(d) An application for a Habitat Impact Assessment shall be submitted to the Department in accordance with 7:15-1.6 and shall include the information required in N.J.A.C. 7:15-4.6(c) and 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. An introduction describing the goals of the Habitat Impact Assessment;

2. A USGS quad map(s) meeting the standards identified at 7:15-1.7 showing the location of the site, with the State plane coordinates of the site. The accuracy of these coordinates shall be within 50 feet of the actual center point of the site. For linear sites, 2,000 feet in length and longer, additional coordinates shall be provided at each 1,000-foot interval;

3. The lot, block, municipality, and county in which the site is located;

4. For Habitat Impact Assessments for wildlife species, a digital map identifying the site, and the areas mapped as endangered or threatened wildlife species habitat on the Landscape Maps onsite and surrounding the site, along with a list of the endangered or threatened species that resulted in the mapping of endangered or threatened species habitat;

5. For Habitat Impact Assessments for natural resource elements, a map identifying the location of the natural resource element habitat and Natural Heritage Priority Site boundaries on the site or surrounding the site along with a list of the potential plant species and other natural resource elements from the Department's Natural Heritage Database;

6. A description of the habitat requirements for each of these wildlife species and natural resource elements identified at (d)4 and 5 above, specific to New Jersey/regional populations including appropriate literature citations;

7. The names, addresses, and professional qualifications of all persons who performed habitat evaluations, species surveys, and/or impact assessments; and

8. A narrative, including supporting documentation, such as maps and photographs, which contains the following:

i. A description for each wildlife species and natural resource element, of how the proposed development will alter habitat, including vegetation, soils, hydrology, human disturbance, and effects on competitor, parasite, or predator species. The impact assessment shall describe the likely effects of the proposed development on the local populations of the particular wildlife species or natural resource element on or surrounding the site and why the development would not directly or through secondary impacts adversely affect each endangered or threatened wildlife species habitat or natural resource element; and

ii. Literature citations used to reach the conclusions in (d)8i above.

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

1. Issue a written finding that the proposed project or activity will not adversely impact local populations or habitat of endangered or threatened wildlife species or the natural resource element(s), within the Natural Heritage Priority Site because:

i. The project or activity will avoid the habitat of endangered or threatened wildlife species that resulted in identification of the site, as endangered or threatened wildlife species habitat, or the natural resource element(s) within the Natural Heritage Priority Site;

ii. The proposed project or activity will result in insignificant or discountable effects on the maintenance of local breeding, resting, and feeding of the endangered or threatened wildlife species, or on the natural resource elements occurring within the Natural Heritage Priority Site. This determination is based upon assessment of the landscape context of the habitat, the location or absence of essential ecological features, and the location and scope of proposed activities. For purposes of this section, insignificant impacts are responses that are incapable of being detected, measured, or evaluated. This analysis relates to the extent of the impacts. If the impacts will likely be negative but the consequences are so minute that a person could not measure or detect such responses, then the Department will find that there are insignificant impacts. Discountable impacts means impacts that are extremely unlikely to occur; or

iii. The proposed project or activity will include conservation measures that will minimize to the maximum extent practicable all adverse modification of suitable habitat, and will mitigate for any such adverse modification of habitat so that there is no net loss of habitat value for the local population of endangered or threatened wildlife species documented on-site or their suitable habitat. Conservation measures under this paragraph may not be used to mitigate for adverse impacts to natural resource elements;

2. Issue a written finding that the proposed project or activity will adversely impact the local populations or habitat of endangered or threatened wildlife species that resulted in identification of the site or an area surrounding the site, as endangered or threatened wildlife species habitat, or a natural resource element occurring within the Natural Heritage Priority Site. A finding of adverse impacts under this paragraph shall preclude the inclusion of this area in sewer service area; or

3. Issue a written finding with respect to 7:15-4.4(i) 2 that the proposed project or activity will or will not adversely impact an area critical to the survival of a local population of endangered or threatened wildlife species.

(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 § 7:15-4.7

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