N.J. Admin. Code § 7:7A-10.5

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:7A-10.5 - Additional application requirements for a transition area waiver

(a) In addition to the basic information required for all applications under N.J.A.C. 7:7A-10.2, an application checklist for a transition area waiver, as defined at N.J.A.C. 7:7A-1.4, shall require the following:

1. A line delineation LOI issued under N.J.A.C. 7:7A-3.3, or a line verification LOI issued under N.J.A.C. 7:7A-3.4, if an LOI of either type has been issued. A presence/absence LOI issued under N.J.A.C. 7:7A-3.2 is not sufficient. If no LOI has been issued for the site, or if only a presence/absence LOI has been issued, the application checklist shall require all information required for an application for a line delineation LOI or line verification LOI;

2. Information regarding whether other approvals are required for the activities by Federal, interstate, State and local agencies for the activity; information regarding whether any such approvals or denials have been received; and information regarding whether the proposed activities are consistent with the rules, plans, or policies of other Federal, interstate, State and local agencies; and

3. If a site is known or suspected to be contaminated with toxic substances, and if the Department requests it, a laboratory analysis of representative samples of the soil or sediment on the site.

(b) In addition to the information required at (a) above, the application checklist for a special activity transition area waiver based upon an individual permit criteria under N.J.A.C. 7:7A-6.3(g) shall require:

1. The applicable fee for a transition area waiver set forth at N.J.A.C. 7:7A-11;

2. The information required for an individual freshwater wetlands permit application at N.J.A.C. 7:7A-10.6(b); and

3. A mitigation proposal in accordance with the requirements at N.J.A.C. 7:7A-15.26.

(c) In addition to the information required at (a) above, the application checklist for a hardship transition area waiver under N.J.A.C. 7:7A-6.5 shall require the information contained in N.J.A.C. 7:7A-17.1(i)4, 5, 7, and 8i through iii, and a statement indicating that the property owner has requested a hardship transition area waiver.

N.J. Admin. Code § 7:7A-10.5