N.J. Admin. Code § 7:7-12.13

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

Section 7:7-12.13 - Sand and gravel mining

(a) Sand and gravel mining is the removal of sand or gravel from the water bottom substrate, usually by suction dredge, for the purpose of using the sand or gravel at another location.

(b) Sand and gravel mining is discouraged in all water body types except as provided at (b)1 below.

1. Sand and gravel mining is prohibited in lakes, ponds and reservoirs, man-made harbors and tidal guts as defined at 7:7-12.1, unless the water body was created by the mining process, in which case the use is conditionally acceptable provided:

i. Direct and indirect impacts to special areas are minimized;

ii. Turbidity and resuspension of toxic materials is controlled throughout the mining operation consistent with the State's Surface Water Quality Standards (N.J.A.C. 7:9B-4);

iii. There is an acceptable disposal site for the waste from washing operations;

iv. In rivers, creeks, and streams, the depth of water at the mining site is at least six feet below mean low water;

(c) Sand and gravel mining for the purposes of beach nourishment is conditionally acceptable provided:

1. Direct and indirect impacts to special areas and marine fish and fisheries are minimized;

2. In rivers, creeks, and streams, the depth of water at the mining site is at least six feet below mean low water;

3. The mining will not increase shoreline erosion;

4. The mining will not create anoxic water conditions; and

5. The beach nourishment project complies with the coastal engineering rule, 7:7-15.11(f).

(d) Rationale: The long-term demand for sand resources is not known, and may exceed the supply. Given the need for sand for beach nourishment projects, care must be taken to assure the mining is properly managed and will not adversely affect special areas or water quality.

N.J. Admin. Code § 7:7-12.13

Renumbered from 7:7E-4.12 by 47 N.J.R. 1392(a), effective 7/6/2015