N.J. Admin. Code § 7:7-9.14

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

Section 7:7-9.14 - Wet borrow pits

(a) Wet borrow pits are scattered artificially created lakes that are the results of surface mining for coastal minerals extending below groundwater level to create a permanently flooded depression. This includes, but is not limited to, flooded sand, gravel, and clay pits, and stone quarries. Where a wet borrow pit is also a wetland and/or wetlands buffer, the wetlands rule, 7:7-9.27, and/or wetlands buffers rule, 7:7-9.28, shall apply.

(b) All proposed dredging and filling activities shall comply with any applicable Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7A. In addition, such activities must receive a water quality certificate.

(c) Proposed uses which would promote the wildlife habitat and scenic amenity values of wet borrow pits are encouraged.

(d) Surface mining is conditionally acceptable provided condition (b) above and the mining rule, 7:7-15.8, are met.

(e) Recreational use of wet borrow pits is acceptable provided that wildlife habitat disturbance is minimized.

(f) Filling of wet borrow pits for construction is conditionally acceptable provided (b) above is met and that:

1. The fill, including dredged material, is an appropriate particle size for the site, is clean, and will not degrade groundwater quality or flow. For the purposes of this subsection, dredged material shall comply with the acceptability conditions specified in Appendix G;

2. At least half of the water area in existence at the time of the first coastal permit application for filling of the pit is left as open water;

3. Land-water edges are maximized and vegetated to promote native wildlife;

4. A water quality buffer zone of at least 50 feet is designated in accordance with (i) below around remaining water areas;

5. A program for water quality monitoring and maintenance is included with the application; and

6. Recreational uses in water and water quality buffer areas minimize wildlife disturbance.

(g) Discharge of liquid or solid waste, other than clean dredge fill of acceptable particle size, is prohibited.

(h) All proposed uses directly adjacent to wet borrow pits shall grade all banks at the immediate water's edge, except those in acceptable water access areas, to a slope not greater than 33 percent, and shall stabilize the surface and initiate succession of native vegetation adapted to water's edge conditions.

(i) A water quality buffer area is required around the perimeter of wet borrow pits. The minimum width of this buffer area will be 100 feet where soils are coarse (sands and gravels) and 50 feet elsewhere. Recreational use of the water quality buffer is acceptable provided that the disturbance is limited in extent and wildlife habitat disturbance is minimized. The remainder of the buffer area shall be allowed to succeed naturally to water's edge. Structures and paving, except at limited water access points for recreational use, are prohibited in the water quality buffer.

(j) Rationale: The special area rules for wet borrow pits are less restrictive than the rules for other lakes, ponds, and reservoirs in that they allow sand and gravel extraction, dredge material placement, and filling, under specified conditions. This less restrictive approach is appropriate because they are already disturbed sites, they are of relatively recent origin, and, typically, vegetative succession is not as far advanced as along natural lakes. Wet borrow pits, therefore, tend to be less important as wildlife habitats than natural lakes. Finally, they are not connected to the wider estuarine system by streams.

On the other hand, their separation from streams means that they are most susceptible to water quality impacts caused by runoff. The water is still, and the only water loss is through groundwater seepage and evaporation. Sediment collects quickly, enlarging marsh areas, and the eutrophic conditions that lead to sudden oxygen loss are concentrated by evaporation. Low levels of toxicity are quickly biomagnified to fatal levels. In general, these still water areas are much more sensitive to impacts of all kinds than flowing water.

Undisturbed wet borrow pits can become wildlife habitats for aquatic, amphibian, and terrestrial species by offering productive edges, shallow waters, wetland areas, and important breeding and migratory habitats. Proposals that include wet borrow pits as wildlife preserves are, therefore, encouraged. Low intensity recreation which takes advantage of the scenic amenities of these lakes is also desirable if wildlife disturbance is minimized.

There is a severe shortage of dredged material management areas in New Jersey. The filling of wet borrow pits is essentially a reverse of the mining operation which created them, and has less negative impact than filling natural depressions, provided that the dredged material is clean and non-toxic and the particle size matches the neighboring natural substrates closely enough so as to not disturb groundwater movement. If the filling of wet borrow pits is designed to retain some surface water area, and to maximize land-water edges, much of the wildlife value can be preserved while providing needed spoil disposal sites.

The value of wet borrow pits as wildlife habitat may be enhanced by limited fingers of fill to enlarge the land-water interface. Filling can also create sites for waterfront housing. Since residential construction sites near surface water are much in demand, it is desirable to allow some residential and related uses, provided that housing is consistent with location and use rules, water quality is maintained, and a water quality buffer is preserved along the water's edge. The buffer would not block visual or physical access to the water, but would preserve water quality and provide wildlife habitat. Medford Lakes provides an example of an attractive residential community built around wet borrow pits, but siltation and eutrophication provide evidence for the need for a water quality buffer area.

The use of dredged material of appropriate grain size and that is clean as fill in the reclamation of wet borrow pits promotes the State's long-standing policy of treating dredged material as a resource and to beneficially use dredged material in appropriate applications rather than relying on disposal of dredged material in confined disposal facilities.

N.J. Admin. Code § 7:7-9.14

Renumbered from 7:7E-3.14 by 47 N.J.R. 1392(a), effective 7/6/2015

Amended by 50 N.J.R. 361(a), effective 1/16/2018