N.J. Admin. Code § 7:7A-16.3

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:7A-16.3 - Additional application requirements for an LOI

(a) In addition to meeting the requirements at N.J.A.C. 7:7A-16.2, an application for an LOI shall include the following material, in the number and format specified in the appropriate application checklist:

1. A completed application form, available from the Department at the address set forth at N.J.A.C. 7:7A-1.4. This form requires basic information regarding the requested LOI, including LOI type, name and address of the applicant and any designated agent(s), the specific site or portion of site that is the subject of the application, and certifications as to the truth and accuracy of the information provided and as to the ownership of the property;

2. Documentation that public notice of the application has been provided in accordance with N.J.A.C. 7:7A-17;

3. The appropriate application fee as set forth at N.J.A.C. 7:7A-18; and

4. A survey, certified in accordance with N.J.A.C. 7:7A-16.2(j), shall be submitted for every LOI, except a presence/absence LOI for an entire site. All surveys shall be conducted and documentation provided in accordance with the requirements at N.J.A.C. 7:36 Appendix 2, or a subset of these requirements as may be defined by the appropriate LOI checklist.

i. The survey for a presence/absence LOI for a portion of a site under N.J.A.C. 7:7A-4.3(c)2 shall identify the portion(s) of the site that is the subject of the application.

5. Consent from the owner of the site allowing the Department to enter the site in a reasonable manner and at reasonable times to inspect the site. This consent shall continue in effect for the duration of the application review and decision process, including for the duration of any appeal made from the decision on the application.

(b) In addition to meeting the requirements at (a) above, an application for a line verification LOI issued under N.J.A.C. 7:7A-4.5 shall include the following material, in the number and format specified in the appropriate application checklist:

1. A proposed delineation of all freshwater wetlands, transition areas, and State open waters on the site, or portion thereof, which is the subject of the application. The delineation shall be clearly marked in the field as required by the application checklist. When delineating a State open water one to five feet in width measured from top of bank, with no wetland boundary, the delineation shall indicate the centerline of the State open water with several data points numbered and shown on the plans. When delineating a State open water that is greater than five feet in width, the delineation shall include two survey lines, with numbered points, depicting the top of bank on both sides of the State open water;

2. Data sheets or other materials that explain and support the delineation including, but not limited to:

i. Soil logs describing the soil characteristics at the location of each soil boring, including a description of the field indicators, or lack thereof, for hydrology as outlined in the 1989 Federal Manual and as specified in the appropriate application checklist; and

ii. A description of the vegetative species on the site recorded at each soil boring location as specified in the appropriate application checklist;

3. If the applicant would like the Department to verify that a wetland is an isolated wetland, a request for that determination, and supporting documentation demonstrating that the wetland is isolated. For example, if inlets or pipes are present in the vicinity of the subject wetland, a map of the storm sewer system depicting the endpoint and invert elevations of the inlet or pipe; and

4. If the LOI is for a portion of a site, documentation that the site and portion meet the requirements at N.J.A.C. 7:7A-4.5(b)3i through iii, and information identifying the subject portion of the site in accordance with N.J.A.C. 7:7A-4.5(b)3iv.

(c) If a site is located in an area under the jurisdiction of the Pinelands Commission, the Department shall not issue a letter of interpretation. The lead agency in this area for determining the presence, absence, or extent of freshwater wetlands is the Pinelands Commission. However, in cases of disagreement, the Department and the Pinelands Commission retain authority to independently or jointly establish these boundaries.

N.J. Admin. Code § 7:7A-16.3

Adopted by 49 N.J.R. 3849(a), effective 12/18/2017

Amended by 53 N.J.R. 514(b), effective 4/5/2021