N.J. Admin. Code § 7:50-6.68

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:50-6.68 - Resource extraction standards

(a) Resource extraction operations shall be approved only if the applicant can demonstrate that the proposed resource extraction operation:

1. Will not result in a substantial adverse impact upon those significant resources depicted on the Special Areas Map, Figure 7.1;

2. Is designed so that no area of excavation, sedimentation pond, storage area, equipment, or machinery or other structure or facility is closer than 200 feet to any property line; unless it can be demonstrated that a distance between 100 and 200 feet will not result in greater off-site environmental impacts;

3. Is to be located on a parcel of land of at least 20 acres;

4. Provides that all topsoil that is necessary for restoration will be stored on the site but not within 200 feet of any property line unless the area proposed for storage is unforested and will be restored; and that the topsoil will be protected from wind and water erosion;

5. Is fenced or blocked so as to prevent unauthorized entry into the resource extraction operation through access roads;

6. Provides ingress and egress to the resource extraction operation from public roads by way of gravel or porous paved roadways;

7. Is designed so that surface runoff will be maintained on the parcel in a manner that will provide for on-site recharge to ground water;

8. Will not involve excavation exceeding 65 feet below the natural surface of the ground existing prior to excavation unless it can be demonstrated that a depth greater than 65 feet will result in no significant adverse impact relative to the proposed final use or on off-site areas;

9. Will be carried out in accordance with an extraction schedule which depicts the anticipated sequence, as well as anticipated length of time that each of the 20 acre units of the parcel proposed for extraction will be worked. This shall not preclude more than one 20 acre unit from being worked at any one time, provided that there is a demonstrated need for additional units, restoration is proceeding on previously mined units and the area of clearing does not exceed that specified in (a)11 below;

10. Will involve restoration of disturbed areas at the completion of the resource extraction operation in accordance with the requirements of 7:50-6.69, and the implementation of the restoration plan is secured by a letter of credit, surety bond or other guarantee of performance; and

11. Will not involve clearing adjacent to ponds in excess of 20 acres or an area necessary to complete scheduled operations; or will not involve unreclaimed clearing exceeding 100 acres or 50 percent of the area to be mined, whichever is less, for surface excavation at any time.

N.J. Admin. Code § 7:50-6.68

Amended by 46 N.J.R. 1877(b), effective 9/2/2014.