N.J. Admin. Code § 7:7A-16.4

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

Section 7:7A-16.4 - Application requirements for an E-LOI

(a) An application for an LOI may be submitted electronically through the Department's online system at http://www.nj.gov/dep/online. All application information and supporting documentation can be submitted electronically with the exception of any required surveys, which must be mailed or delivered to the Department for review.

(b) In addition to meeting the requirements at N.J.A.C. 7:7A-16.2, an applicant submitting an application for an LOI electronically is required to provide the following, as specified in the appropriate application checklist:

1. The type of LOI being requested;

2. The name of or other identifier for the application;

3. The location of the specific site or portion of site that is the subject of the application, including address, city, state, zip code, municipality, State plane coordinates, and, as applicable, lot and block numbers;

4. Contact information for the applicant, property owner, and any designated agent(s), including: name, address, telephone number, e-mail address, municipality, county, organization, and organization type;

5. The following certifications:

i. A certification that the site identified in the application is the actual location subject to the application;

ii. A certification that the applicant has obtained written consent from the property owner that the application can be made on the property owner's behalf. This certification is required regardless of whether the applicant and property owner are the same person;

iii. A certification of truth and accuracy of the information provided;

iv. A certification that any required survey has been conducted and documentation provided as required by this chapter; and

v. A certification that the applicant has obtained written consent from the property owner allowing the Department to enter the site in a reasonable manner and at reasonable times to inspect the site;

6. To accomplish the certifications at (b)5 above, the PIN that was issued to the applicant upon registering with the Department's online system; and

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

(c) In addition to meeting the requirements of (b) above, an applicant submitting an LOI electronically is required to upload the following digital documents to the online service, in the format and number specified in the appropriate application checklist:

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

2. Color photographs of the site as described in the application checklist;

3. A completed Property Owner Certification form(s) signed by the applicant and all individuals required to certify to the application in accordance with N.J.A.C. 7:7A-16.2(d). The Property Owner Certification form is available from the Department at the address set forth at N.J.A.C. 7:7A-1.4;

4. A document, which includes the names and qualifications of the person(s) who prepared the material and, if applicable, the person(s) who performed the delineation;

5. A copy of the tax map(s) for the subject site;

6. A digital copy of all required surveys; and

7. A written narrative and/or reports necessary to accurately describe the site, its location, and existing site conditions.

(d) In addition to meeting the requirements of (a), (b), and (c) above, an applicant submitting an LOI electronically is required to upload to the online service the following shapefile(s) in the format specified in the appropriate application checklist and guidance documents:

1. For all E-LOIs, a shapefile that defines the boundaries of the site;

2. For an application for a presence/absence E-LOI for a portion(s) of a site under N.J.A.C. 7:7A-4.3(c)2, a shapefile that defines the footprint of disturbance;

3. For an application for a line delineation E-LOI under N.J.A.C. 7:7A-4.4, the Department will delineate the wetlands and/or wetland transition areas on the site. Once the Department has flagged the site, the applicant must submit a shapefile(s) that defines the limit of wetlands, State open waters, and/or transition areas as indicated by the Department delineation.

4. For an application for a line verification E-LOI under N.J.A.C. 7:7A-4.5:

i. A shapefile(s) that defines the limit of wetlands, State open waters, and/or transition areas, as appropriate; and

ii. Data sheets for sample locations that include soil borings and a description of vegetation.

(e) In addition to meeting the requirements of (c) and (d) above, an applicant submitting an E-LOI, with the exception of an applicant submitting an E-LOI application for a presence/absence LOI for an entire site, is required to submit a paper survey to the Division for review that meets the requirements of N.J.A.C. 7:7A-16.3(a)4, in the format and number specified in the appropriate application checklist.

N.J. Admin. Code § 7:7A-16.4

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

Administrative Change, 51 N.J.R. 1193(a).

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