N.J. Admin. Code § 7:7-17.7

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

Section 7:7-17.7 - Basic requirements for mitigation proposals

(a) A mitigation proposal required under this chapter shall be submitted at least 90 calendar days prior to the commencement of regulated activities authorized by a permit.

(b) A mitigation proposal to remedy a violation under this chapter shall be submitted by the deadline set forth in the Department's enforcement document.

(c) A mitigation proposal shall include all information necessary for the Department to determine if the requirements of this subchapter are met.

(d) The information required to be submitted in a mitigation proposal for the restoration, creation, and/or enhancement of wetlands, intertidal and subtidal shallows, submerged vegetation habitat, and riparian zones is set forth in the appropriate mitigation proposal checklist, available from the Department at the address set forth at 7:7-1.6, and described at (h) below.

(e) A mitigation proposal for a monetary contribution to the Department's dedicated account for shellfish habitat mitigation shall consist of a copy of the permit authorizing the impact(s) that is being mitigated and a demonstration that the contribution amount addresses the factors specified at 7:7-17.9(b)2.

(f) A mitigation proposal for the purchase of bank credits shall consist of a copy of the permit authorizing the impact(s) that is being mitigated and the identity of the mitigation bank from which appropriate credits will be purchased.

(g) A mitigation proposal for the purchase of in-lieu fee credits shall consist of a copy of the permit authorizing the impact(s) that is being mitigated and the identity of the in-lieu fee program from which appropriate credits will be purchased.

(h) The mitigation proposal checklists identified at (d) above require the following information:

1. Basic information regarding the applicant, the impacts for which the mitigation is intended to compensate, and a copy of the permit (if issued) or enforcement document that is the source of the mitigation requirement;

2. The following material necessary to explain and illustrate the existing and proposed conditions at the mitigation site:

i. Visual materials such as maps, site plans, planting plans, surveys, topography, diagrams, delineations, and/or photographs;

ii. A narrative describing the existing conditions and proposed mitigation, as well as supporting soil or vegetation samples; and

iii. A preventive maintenance plan detailing how invasive or noxious vegetation will be controlled, and how predation of the mitigation plantings will be prevented;

3. A specific breakdown of each resource for which mitigation is being proposed (for example, forested wetlands, scrub shrub wetlands, riparian zones, intertidal and subtidal shallows, submerged vegetation habitat) and the type and quantity of proposed mitigation for each resource;

4. Information regarding relevant features of other properties in the vicinity of the mitigation area, such as whether nearby properties are publicly owned, or contain preserved open space, or significant natural resources;

5. Schedules describing in detail the sequence of mitigation activities and estimated dates for completion for each mitigation activity;

6. Cost estimates to perform the mitigation and maintain the mitigation area after construction and/or transfer is completed;

7. A preliminary characterization and assessment of the site in accordance with 7:7-17.5(g) to enable the Department to determine if contamination is present and if the proposed mitigation activities pose an ecological risk;

8. A description of post-construction activities, including schedules for monitoring, maintenance, and reporting;

9. Contingency measures that will be followed if the mitigation project fails or shows indications of failing;

10. A certification that the proposed mitigation will not adversely affect historic resources which are listed or are eligible for listing on the New Jersey or National Register of Historic Places;

11. Information and/or certifications regarding the presence or absence of endangered and/or threatened wildlife and plant species habitat or other features on the proposed mitigation area relevant to determining compliance with this chapter;

12. Any letters, contracts, agreements, conservation restrictions, or other draft or executed documents necessary to ensure compliance with this chapter;

13. A certification of truth and accuracy in accordance with 7:7-23.2(j);

14. Consent from the owner of the proposed mitigation area allowing the Department to enter the property in a reasonable manner and at reasonable times to inspect the proposed mitigation area; and

15. For a mitigation proposal that was not submitted as part of an application for an individual permit, documentation that public notice of the mitigation proposal was provided in accordance with N.J.A.C. 7:7-24.

(i) In addition to the information required by the mitigation proposal checklist as set forth at (h) above, a proposal to create, restore, or enhance wetlands or intertidal and subtidal shallows shall also include a projected water budget for the proposed mitigation site. The water budget shall:

1. Detail the sources of water for the mitigation project as well as the water losses;

2. Document that an ample supply of water is available to create, enhance, or restore wetland conditions, as applicable;

3. Contain sufficient data to show that the mitigation project will, indefinitely into the future, have sustained wetland hydrology or, for intertidal and subtidal shallows, sustained tidal inundation; and

4. Include the following regional information for the proposed and existing site conditions:

i. The tidal range (low, high and spring high tide) over the course of a month;

ii. The elevation of the existing reference wetland system in the vicinity of the project site;

iii. The salinity range of adjacent waters; and

iv. A detailed discussion relating to the created substrate of the proposed mitigation site.

(j) In addition to the information required by the mitigation proposal checklist as set forth at (h) above, the mitigation proposal for a submerged vegetation habitat mitigation project shall include information sufficient to document the following:

1. That the area proposed for submerged vegetation habitat restoration previously supported submerged vegetation but no longer does;

2. The specific cause(s) of the elimination of submerged vegetation; and

3. That the specific condition(s) or action(s) that caused the elimination of submerged vegetation has since ceased.

N.J. Admin. Code § 7:7-17.7

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