N.J. Admin. Code § 7:7-17.10

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

Section 7:7-17.10 - Requirements for submerged vegetation habitat mitigation

(a) This section sets forth the requirements for mitigation required pursuant to 7:7-9.6 for impacts to submerged vegetation habitat.

(b) Mitigation for temporary disturbance to a submerged vegetation habitat shall consist of the restoration of the disturbed area to its preconstruction contours and conditions. This may include subsequent monitoring and replanting of the disturbed area if these species have not recolonized the disturbed areas within three years.

(c) An applicant proposing to mitigate for a temporary disturbance to a submerged vegetation habitat shall submit to the Department, at least 30 calendar days prior to the start of activities authorized by the permit, a schedule describing in detail the sequence of mitigation activities and estimated dates for completion of the restoration of the temporary disturbance, and a restoration plan that includes any proposed grading needed to return the disturbed area to its pre-disturbed elevation, and identifies all proposed plantings, including type, size, and number of plants.

(d) Mitigation for unavoidable, permanent, significant impacts to submerged vegetation habitats shall consist of the restoration of habitat for the appropriate species in accordance with scientifically documented transplanting methods. Monitoring and replanting shall be carried out biannually to demonstrate persistence of the compensatory habitat for a minimum of three years.

(e) Priority shall be given to in-kind restoration of submerged vegetation habitat in as close proximity as possible to the site of the impacts to submerged vegetation.

(f) Mitigation for submerged vegetation habitat shall not consist of planting submerged vegetation within unvegetated interpatch areas of existing submerged vegetation habitat or of increasing bottom coverage within existing submerged vegetation beds. A vegetation bed is an area where submerged vegetation rhizomes overlap, or where submerged vegetation shoots intermingle within less than one square meter.

N.J. Admin. Code § 7:7-17.10

Adopted by 47 N.J.R. 1392(a), effective 7/6/2015