N.J. Admin. Code § 7:50-6.55

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

Section 7:50-6.55 - Application requirements and standards for agricultural resource extraction

(a) Unless the application requirements are modified or waived in accordance with 7:50-4.2(b)3, an application filed pursuant to 7:50-4.13 or 4.33 for agricultural resource extraction shall include at least the following information:

1. All information specified in 7:50-4.2(b)4 i through vi and viii through x;

2. A Farm Conservation Plan, designed in accordance with the United States Department of Agriculture, Natural Resources Conservation Service New Jersey Field Office Technical Guide, section 4, dated May 2001, incorporated herein by reference, as amended and supplemented, that has been approved by the Soil Conservation District. A copy of the approved Plan must be submitted to the Pinelands Commission by the owner of the parcel. The Farm Conservation Plan shall specifically indicate that the proposed agricultural resource extraction is necessary for the proposed agricultural or horticultural use and that offsite soil removal is consistent with generally accepted agricultural practices;

3. For aquaculture, a written determination from the New Jersey Department of Agriculture, Division of Rural Resources, that the proposed aquaculture activity is consistent with Agricultural Management Practices for Aquaculture Facilities prepared by the New Jersey Department of Agriculture and other generally accepted aquaculture practices;

4. For the offsite removal of overlying soils to access underlying sand for cranberry management practices, a demonstration that the quantity of overlying soil removed offsite does not exceed the quantity of underlying sand to be used for the management practices listed below and that the quantity of overlying soil removed offsite does not exceed that reasonably necessary to provide access to underlying sand to be utilized within a three year period:

i. Sanding of existing bogs at a rate of one inch of sand at three year intervals (135 cubic yards of sand per acre of bog);

ii. Sanding of new bogs at a rate of one half inch of sand one year after planting (65 cubic yards of sand per acre of bog);

iii. Sanding of bogs with heavy vine overgrowth at a rate of two to five inches of sand (270 to 675 cubic yards of sand per acre of bog);

iv. Bog renovation or new bog construction in areas of muck soils at a rate of up to 12 inches of sand (1,600 cubic yards of sand per acre of bog) except where additional fill would be required to establish a planting surface 24 inches above the water table; and

v. Bog renovation or new bog construction at a rate of two to five inches of sand (270 to 675 cubic yards of sand per acre of bog) in areas of appropriate water table with optimum to moderately excessive organic matter applied prior to planting;

5. A schedule which demonstrates that the proposed agricultural use will be developed in phases ensuring that portions of the agricultural use are instituted prior to completion of all agricultural resource extraction activities or a written explanation as to why such a phased institution of the agricultural use is not practical or feasible; and

6. Any additional information which the Executive Director determines is reasonably necessary to facilitate review of the application.

(b) The requirements of 7:50-6.61 through 6.70 shall apply to all resource extraction activities which do not meet the standards contained in (a) above.

N.J. Admin. Code § 7:50-6.55

New Rule, R.2001 d.454, effective 12/3/2001.
See: 33 New Jersey Register 2005(a), 33 New Jersey Register 4133(a).