N.J. Admin. Code § 7:38-5.4

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:38-5.4 - Submittal requirements for Habitat Evaluations

(a) Each Habitat Evaluation submitted to the Department shall include:

1. An introduction describing the goals of the Habitat Evaluation;

2. A description of the habitat requirements for each species identified in the Natural Heritage Program letter pursuant to 7:38-4.1(d)3 or 4, including citations to appropriate literature and studies; and

3. The names, addresses and professional qualifications of all persons who performed habitat evaluations, and/or species surveys relied upon to support any conclusion reached in the Habitat Evaluation.

(b) Animal habitat evaluations pursuant to 7:38-5.2 shall include three copies of the following:

1. A description of the site or footprint of disturbance (as applicable), 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 0.5 mile of the boundary of the site or footprint;

ii. The geology on the site or within the footprint as described in the most current U.S. Geological Survey (U.S.G.A.) bedrock geologic maps, a description of bedrock and surficial deposits and location and description of any important geologic features such as talus and caves within 0.5 mile from the boundary of the footprint or site;

iii. The soil types on the site or within the footprint as most currently classified and mapped by the U.S. Department of Agriculture (U.S.D.A.) Natural Resources Conservation Service and the location and description of any important soil features present within 0.5 miles of the boundary of the footprint or site;

iv. The location and description of all hydrologic features on the site or within the footprint, such as rivers, streams, lakes, ponds, springs, seeps, vernal pools and waterfalls as well as those located within 0.5 mile from the boundary of the footprint or site;

v. The location and description of all evidence of natural or man-made disturbance both on the site or footprint and within 0.5 mile from the boundary of the footprint or site;

vi. The location and description of all upland, wetland, and aquatic ecological vegetative communities on the site or within the footprint, based on quantitative data collected during optimal time(s) of 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.esa.org/vegweb/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 ; and 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://njedl.rutgers.edu/njdlib , Record ID #1980. For each ecological community identified on the site or within the footprint, 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 U.S.G.S. 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 or within the footprint and the location of important topographical, geological and hydrological features identified in (b)1iv above;

viii. The results of rare, or threatened or endangered animal species surveys for the purpose of supplementing scientific data regarding the suitability of a particular habitat for a particular species that were conducted in consultation with the Department and in accordance with all Federal and State laws and regulations, including for each species surveyed: the survey method, the surveyor's name(s), dates and times surveys were performed, number of samples, and number of replications;

ix. A copy of any other relevant animal survey or report to which the HPAA or HRAD applicant or their agent has access; and

x. Any other information relevant to assessing the suitability of habitat on the site or footprint of disturbance for any rare, or threatened or endangered animal species.

(c) Plant habitat evaluations pursuant to 7:38-5.3 shall include three copies of the following:

1. A description of the site or footprint of disturbance (as applicable), 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 within the footprint or on the site and as well as those located within 0.5 mile from the boundary of the site or footprint;

ii. The geology on the site or within the footprint as described in the most current U.S.G.S. bedrock geologic maps and field sampling, a description of bedrock and surficial deposits and the location and description of any important geologic features such as talus and caves, as well as such features on or within 0.5 mile from the boundary of the site or footprint;

iii. The soil types on the site or within the footprint as most currently classified and mapped by the U.S.D.A. Natural Resources Conservation Service and the location and description of any important soil features present on and within 0.5 mile from the boundary of the site or footprint;

iv. The location and description of all hydrologic features on the site or within the footprint such as rivers, streams, lakes, ponds, springs, seeps, vernal pools, and waterfalls present as well as those located within 0.5 mile from the boundary of the site or footprint;

v. The location and description of natural or anthropogenic disturbance both on the site or within the footprint as well as within 0.5 mile from the boundary of the footprint or site;

vi. The location and description of all upland, wetland, and aquatic ecological vegetative communities on the site or within the footprint, based on quantitative data collected during optimal time(s) of year using appropriate, scientifically accepted terms of description and analysis techniques. Guidance with regard to appropriate 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.esa.org/vegweb/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 ; and 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://njedl.rutgers.edu/njdlib , Record ID #1980. For each identified ecological community on the site or footprint, the applicant shall submit data describing 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 available U.S.G.S. bedrock geologic maps), soil texture and pH (as indicated in available U.S.D.A. Natural Resources Conservation Service Soil Surveys and verified by field sampling), depth to water table (as indicated in available U.S.D.A. Natural Resources Conservation Service Soil Surveys), and hydrologic influences;

vii. A map identifying the location of the rare or endangered plant species habitat on the site or within the footprint of disturbance as well as within 0.5 miles of the boundary of the site or footprint, along with a list of the plant species documented in the Department's Natural Heritage Database;

viii. The results of rare or endangered plant surveys for the purpose of supplementing scientific data regarding the suitability of a particular habitat for a particular species that were conducted in consultation with the Department and in accordance with all applicable Federal and State laws and regulations, including for each species surveyed: the survey method, the surveyor's name(s), dates and times surveys were performed, number of samples, and number of replications; literature citations for the methodology used and a description of how the methodology was applied to the survey, giving the following information: surveyor's name(s), dates and times surveys were performed, number of samples, and number of replications. This information shall be provided for each species surveyed;

ix. A copy of any other relevant plant survey or report to which the HPAA or HRAD applicant or their agent has access; and

x. Any other information relevant to assessing rare, or endangered plant species habitat at the site or within the footprint of disturbance.

N.J. Admin. Code § 7:38-5.4