N.J. Admin. Code § 7:7-6.28

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

Section 7:7-6.28 - General permit 28 - dredging of material from a waterway at a residential or commercial development deposited as a result of the failure of a bulkhead as a consequence of a storm event for which the Governor declared a State of Emergency

(a) This general permit authorizes the dredging of material from a waterway at a residential or commercial lot that was deposited as a result of the failure of a legally existing bulkhead that was damaged as a result of a storm event for which the Governor declared a State of Emergency, provided:

1. The volume of the material to be dredged is limited to that which resulted from the failure of the bulkhead;

2. The area to be dredged is limited to that where the material was deposited as a result of the failure of the bulkhead;

3. The dredged material is placed on an upland portion of the lot, dewatered as necessary within a temporary dewatering area, and capped with a six-inch layer of clean fill and stabilized;

4. A 25-foot buffer shall be provided from any wetlands to the nearest edge of the area to be dredged; and

5. Any debris contained within the dredged material shall be removed and disposed of properly.

(b) An application that meets the requirements of N.J.A.C. 7:7-23 for authorization under this general permit shall be received by the Department no later than 24 months after the date the Governor declared a State of Emergency.

(c) An authorization of dredging issued under this general permit shall not be considered in determining whether a future dredging activity constitutes maintenance dredging as defined at 7:7-12.6 at the same site.

N.J. Admin. Code § 7:7-6.28

Renumbered from 7:7-7.33 by 47 N.J.R. 1392(a), effective 7/6/2015