N.J. Admin. Code § 7:38-9.3

Current through Register Vol. 56, No. 17, September 3, 2024

Section 7:38-9.3 - Basic application requirements for all Highlands Resource Area Determinations, Highlands general permits and Highlands Preservation Area Approvals with or without waivers including modifications and extensions

(a) This section describes information required for every application listed in 7:38-9.1(a)2 through 6. Additional information required for each specific application is set forth below at 7:38-9.4 through 9.8.

(b) Every application listed at 7:38-9.1(a)2 through 6 shall require the following:

1. An application form, completed as directed in the instructions and/or application checklist. The application form requests basic information regarding the site, the applicant, the activities proposed, any previous or other required applications to the Department, and a truth and accuracy certification;

2. Unconditional written consent from the owner of the site, as defined at 7:38-9.1(c), for Department representatives to enter the site to conduct site inspections;

3. The appropriate application review fee, as set forth at N.J.A.C. 7:38-10, paid as follows:

i. The fee shall be paid by personal check, certified check, attorney check, government purchase order, or money order;

ii. The fee shall be made payable to "Treasurer, State of New Jersey"; and

iii. Each check, purchase order, or money order must be marked with the name of the applicant;

4. Visual materials, including but not limited to maps, plans, surveys, diagrams, or photographs as necessary to accurately portray the site, existing conditions on the site, such as topography and amount of impervious cover, and any activities proposed on the site, including but not limited to, calculations of the area of proposed disturbance to Highlands Resource Areas and the amount of existing and proposed impervious cover;

5. The approximate boundaries of the project or activity site clearly delineated on a U.S.G.S. quadrangle map, including title-name of Quad, or GIS coverage and the State Plane coordinates in NAD 1983 for a point at the center of the site. The accuracy of these coordinates should be within 50 feet of the actual point. For linear projects, the applicant shall provide State plane coordinates for the endpoints of those projects, which are 1,999 feet or less, and for those projects that are 2,000 feet or longer, additional coordinates at each 1,000-foot interval. For assistance in determining the State plane coordinates for a site, see the iMAP webpage at nj.gov/dep/gis/depsplash.htm;

6. Two copies of a recent county road map or local street map, with the site clearly marked;

7. Two sets of original color photographs, mounted on 8 1/2 by 11-inch paper, sufficient to show the conditions on the site, and immediately surrounding areas, as well as the area of disturbance for the proposed activities. A minimum of 10 photographs is required;

8. A copy of the municipal tax map(s) delineating the project or activity site by lot(s) and block(s);

9. The separate depiction and labeling on any plan submitted pursuant to (b)4 above, of all slopes greater than 20 percent and slopes between 10 percent and 20 percent, as calculated pursuant to 7:38-3.8(b);

10. Written narrative and/or reports that accurately describe the site, its location (including State plane coordinates), site conditions, and any planned activities, including schedules for performing regulated activities, if appropriate;

11. Documentation that the applicable public notice requirements at 7:38-9.4(b)2 or 9.5(a)3 have been met;

12. Information and/or certifications regarding the presence or absence of rare, threatened or endangered species habitat, ecological communities, historic or archaeological resources, or other features on the site relevant to determining compliance with the requirements of this chapter. This information shall include but not be limited to a letter from the Natural Heritage Program indicating the presence or absence of any rare, threatened or endangered species or ecological communities listed in the Natural Heritage Database on or near the site;

13. When an applicant intends to rebut the presumption of rare, threatened or endangered species habitat on the applicant's site as set forth at 7:38-5.1(a), all habitat evaluation information pursuant to 7:38-5.1(b);

14. Any relevant information regarding previous submissions to the Department;

15. The names and addresses of all consultants, engineers, and other persons providing technical assistance in preparing the application; and

16. Any other information not listed in this subsection, that the applicant or the Department deems necessary to demonstrate compliance with this chapter or the Federal rules governing the Department's assumption of the Federal 404 program at 40 CFR § 233.30.

(c) In addition to the information required at (b) above, the Department may require any information necessary to clarify information previously submitted, to ensure compliance with State and/or Federal law, or to determine whether an application meets State and/or Federal standards.

(d) Whenever the Department requires a construction plan or other visual depiction of proposed activities, the Department may require that certain information pertinent to the construction work be placed directly on the plan in order to provide notice of Department construction requirements to the workers who will carry out the permitted activities.

N.J. Admin. Code § 7:38-9.3

Amended by R.2006 d.420, effective 12/4/2006.
See: 37 N.J.R. 4767(a), 38 N.J.R. 5011(a).
Section was "Basic application requirements for all Highlands Resource Area Determinations, and Highlands Preservation Area Approvals with or without waivers including modifications and extensions". In (a) and (b), updated the N.J.A.C. references.