N.J. Admin. Code § 7:20A-2.4

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

Section 7:20A-2.4 - Application requirements and procedures for the renewal with no modification or the renewal with minor modification of an existing water usage certification; extension of certain existing certifications

(a) Renewals with no or minor modifications, as identified in 7:20A-2.2(b), shall be processed in accordance with this section. Renewals with major modifications shall be processed in accordance with 7:20A-2.5.

1. An application for renewal of a current water usage certification shall be submitted to the appropriate county agricultural agent at least three months prior to the expiration date of the existing certification.

2. An applicant for renewal of a current water usage certification shall submit the appropriate application forms and other information as requested by the Department for the proper implementation of the Act and this chapter.

3. If the certification holder does not comply with (a)1 and 2 above, the Department may:

i. Notify the certification holder by certified mail that the permit has expired;

ii. Take appropriate enforcement action including the assessment of penalties under N.J.A.C. 7:19-18; and/or

iii. Require the certification holder to file an application as a new applicant in accordance with this chapter.

4. A current water usage certification for which a complete renewal application package has been submitted to the county agricultural agent three months prior to the expiration date shall remain in effect until the Department grants or denies the renewal application.

(b) In addition to the requirements in 7:20A-2.3, the applicant for renewal shall submit a completed application form including the following information:

1. The name, address, and telephone number of the property owner, and the authorized representative, if different;

2. The total number of acres owned or operated for agricultural, aquacultural, or horticultural purposes, the number of acres actively being farmed or otherwise utilized for agricultural, aquacultural, or horticultural purposes, the U.S. Department of Agriculture soil mapping unit, the amount of impervious surface in acres currently on the farm management unit and/or planned in the future, the acreage planted in each crop, and the number of acres of each crop under irrigation;

3. A description of the location of each diversion source, and the name and pumping capacity for each diversion source;

4. The location of each diversion source shall be identified as required by 7:20A-2.3(e);

5. If the diversion source is a well, the State of New Jersey assigned well permit number, the well depth and diameter, and the date the well was drilled;

6. If the diversion source is a surface water body other than an off-stream pond, the drainage area in square miles, upstream of the intake. Drainage area information is available from the United States Geological Survey by calling 609-771-3900 or from its web site at www.usgs.gov;

7. If the diversion source is an on-stream or off-stream pond, the average depth, surface area in acres, and the source of water to the pond, including any wells or streams that are used for supplementation;

8. A description of the irrigation or water use practices and irrigation equipment used;

9. A description of the method used to measure the amounts of water diverted from each diversion source; and

10. To demonstrate the method used to determine water use, for the last month of operation prior to application, a copy of the daily and/or monthly hours of operation of each diversion source, and the quantity of water diverted for that month for calculated diversions or a copy of the month-end flow meter readings from each diversion source for metered diversions as taken from the log or other appropriate record, as required pursuant to 7:20A-2.6(a)4.

i. For a cranberry growing operation, the applicant shall provide the method used to measure water usage to ensure the same volume of water is not counted multiple times if it is transferred within the bog system of the cranberry growing operation.

(c) The appropriate county agricultural agent shall notify the applicant if the application submitted under (b) above is incomplete, and shall request that the applicant submit any necessary information to the county agricultural agent within 30 days of the date of notification.

(d) Upon receipt of a complete application, the appropriate county agricultural agent shall calculate a water allocation adequate to meet the applicant's water usage requirements based upon the information submitted under (b) above and the agent's knowledge of agriculture, aquaculture, and horticulture and shall submit the application to the Department.

1. The amount of water requested shall be limited to the type of crop under cultivation, and the area in acres of the farm management unit actually under cultivation, or where there is a formal written agricultural development plan or an alternate plan pursuant to (d)4 below, the amount of water requested shall be based on future use or expansion into non-cultivated areas during the effective term of the water usage certification. If upon renewal of the water usage certification, the amount of water allocated has not been utilized or the area in the agricultural development plan or an alternate plan pursuant to (d)4 below has not been cultivated in accordance with the plan, the Department may reduce the amount of water in accordance with (h) below in the water usage certification that had been allocated to that area or for that purpose.

2. The agricultural development plan shall include at a minimum:

i. A map of the farm management unit with the area currently under cultivation depicted;

ii. A map of the farm management unit with the area planned to be cultivated during the effective period of the certification depicted;

iii. A list of crop types currently cultivated and the area in acres of each crop type irrigated; and

iv. A list of crop types planned to be cultivated during the effective period of the certification and the area in acres of each crop type to be irrigated.

3. The agricultural development plan shall be submitted with the application.

4. In lieu of the agricultural development plan described at (d)2 above, the Department will accept a water management plan developed in cooperation with the United States Department of Agriculture, Natural Resources Conservation Service (NCRS) or other similar water conservation plan, if such plan meets, as determined by the Department, the requirements at (d)2 above sufficient to enable the Department to make a determination regarding the amount of unused allocation to be included in the water usage certification.

(e) If the applicant requests renewal of the certification with no modification or renewal with minor modification, as identified at 7:20A-2.2(b), the appropriate county agricultural agent shall submit to the Department the application, the county agent's recommendation for an adequate water allocation calculated under (d) above, and recommended additional conditions, if any.

(f) The Department shall review the application, the county agricultural agent's recommended water allocation and conditions, and the applicant's historical water usage as reported in accordance with 7:20A-2.6(a)5 in consultation with the county agricultural agent, and shall determine if the allocation is reasonably required for future use as described in the plan at (d)1 through 3 above to determine if the allocation is reasonably required for future use.

(g) If the Department determines under (f) above that the allocation is reasonably required for the applicant's future use, the Department shall renew the certification with the appropriate allocation and conditions as outlined at 7:20A-2.6(a) for a term of five years.

(h) If the Department determines under (f) above that the allocation is not reasonably required for future use and the certification holder's allocation should be reduced below the amount requested in the application or in the existing certification on renewal, the Department shall:

1. Prepare a written analysis of the proposed reduction in allocation which shall be available for review on request;

2. Notify the applicant and the appropriate county agent of the proposed reduction in allocation, including the written analysis; and

3. Provide an opportunity for the water usage certification holder to submit to the Department, within 30 days of the notification of the reduced allocation, written comments and/or a request for a public hearing, on the proposed reduction in allocation.

(i) If the Department does not receive any requests for a hearing on the proposed reduction in allocation within the comment period established under (h)3 above, the Department shall renew the certification for a term of five years with the appropriate allocation and conditions as outlined at 7:20A-2.6(a), or issue a water usage registration if the recommended allocation is less than 100,000 gallons per day, and shall include a summary of responses to all written comments timely received.

(j) If the Department receives a written request for a public hearing on the proposed reduction in allocation within the comment period established under (h)3 above, the Department shall hold a public hearing and subsequently shall renew the certification for a term of five years in accordance with the following:

1. The Department shall schedule the public hearing within 30 days of the close of the comment period established under (h)3 above;

2. At least 15 days before the scheduled date of the public hearing, the Department shall notify the applicant, the appropriate county agricultural agent, and each person who submitted a request for a public hearing, and shall also publish a notice of the public hearing in a newspaper of general circulation in the area of the certification holder's diversion sources; and

3. Within 60 days after the public hearing, the Department shall renew the certification for a term of five years, or issue a water usage registration if the recommended allocation is less than 100,000 gallons per day, with the appropriate allocation and conditions as outlined at 7:20A-2.6(a), and shall include a summary of responses to all comments received within the public comment period established under (h)3 above and at the public hearing.

N.J. Admin. Code § 7:20A-2.4

Amended by R.1989 d.36, effective 1/17/1989.
See: 20 N.J.R. 2663(a), 21 N.J.R. 176(a).
Repealed old text and substituted new.
Recodified from N.J.A.C. 7:20A-2.5 and amended by R.1999 d.7, effective 1/4/1999.
See: 30 N.J.R. 3410(a), 31 N.J.R. 45(a).
Rewrote the section. Former N.J.A.C. 7:20A-2.4, Standards and procedures for approval of water usage certification, repealed.
Amended by R.2007 d.6, effective 1/2/2007.
See: 38 N.J.R. 2947(a), 39 N.J.R. 39(a).
Rewrote (a) through (d), (f), (g), the introductory paragraph of (h), (h)3, (i), the introductory paragraph of (j), (j)3, and deleted (k).