N.J. Admin. Code § 7:7A-7.25

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:7A-7.25 - General permit 25-Minor channel or stream cleaning for local government agencies

(a) General permit 25 authorizes a county, municipality, or a designated agency thereof to conduct activities in freshwater wetlands and transition areas within their jurisdiction, necessary to desnag a channel or stream and/or remove accumulated sediment, debris, and garbage, which are obstructing flow in a channel or stream, provided all applicable requirements at N.J.A.C. 7:7A-5.7 and 20.3 are met and:

1. The project's sole purpose is to remove obstructions to flow, or to desnag a channel or stream;

2. The project is necessary and in the public interest;

3. The project consists solely of either:

i. The removal of accumulated silt, sediment, debris, and/or garbage from a channel or stream with a natural bed and does not alter the natural bed or banks of the channel; or

ii. The removal of any accumulated material from a channel or stream previously lined with concrete or similar artificial material;

4. The project is conducted from only one bank, where possible, and the existing tree canopy on the more southerly or westerly bank is preserved in order to shade the channel or stream;

5. The use of heavy equipment in the channel is avoided; and

6. If the project involves sediment removal from a channel with a natural bed, the following requirements are satisfied:

i. If the project is undertaken by a municipality, or a designated agency thereof, it is located wholly within that municipality;

ii. If the project is undertaken by a county, or designated agency thereof, the project is located wholly within one municipality or, if located within more than one municipality, the channel reach is less than 500 feet in length;

iii. The average width of the channel or stream bed does not exceed 30 feet;

iv. The stream is not classified as a Pinelands water or category one water under the Department's Surface Water Quality Standards at N.J.A.C. 7:9B; and

v. The stream is not located in an area that has a threatened or endangered species associated with its wetlands.

(b) In accordance with N.J.A.C. 7:7A-2.2(b), if the project meets all the following criteria, Department approval under this chapter is not required:

1. The project disturbs State open waters only, and does not disturb wetlands located in the channel or stream;

2. The project does not disturb wetlands or transition areas adjacent to the channel or stream; and

3. The project does not involve the discharge of dredged or fill material in the State open water. For example, if the project involves placement of fill within a channel for an access road, or involves temporary placement of dredged material in the channel prior to removal of the dredged material, the project would be regulated and would require Department approval.

(c) All materials, including dredged material, removed from a channel or stream during activities authorized under general permit 25 shall be placed outside of freshwater wetlands, transition areas, State open waters, and areas regulated under the Department's Flood Hazard Area Control Act rules at N.J.A.C. 7:13, unless it is demonstrated that this would cause more environmental harm than placement of the material in these areas. For example, if removal of dredged material requires construction of a long temporary road through wetlands with a very high water table to enable trucks to transport the dredged material offsite, this may cause more environmental harm than spreading the dredged material thinly over a large area.

(d) This general permit does not authorize activities that alter the natural banks of the stream. Such modification may in some cases be authorized under general permit 20. This general permit does not authorize the straightening or realignment of a channel. Straightening or realignment constitutes channel modification and requires an individual permit pursuant to N.J.A.C. 7:7A-9.

(e) An application for authorization under general permit 25 is not subject to the application requirements at N.J.A.C. 7:7A-16, except for the general application requirements at N.J.A.C. 7:7A-16.2, but is subject to the public notice requirements at N.J.A.C. 7:7A-17. An application for authorization under general permit 25 shall be submitted to the Department electronically through the Department's online system at https://nj.gov/dep/online, and shall include the following:

1. All of the information listed at N.J.A.C. 7:7A-16.7(b); and

2. The following digital documents, which must be uploaded to the online service in the format specified in the application checklist:

i. 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;

ii. Site plans prepared by an engineer, which clearly depict the segments of the channel or stream to be cleaned and the limit of wetlands and/or transition areas to be impacted;

iii. The location of the affected portion of the channel, including the county, municipality, and the block(s) and lot(s);

iv. A USGS quad map showing the affected portion of the channel or stream;

v. Color photographs and a brief narrative description of the affected portion of the channel or stream, including the access points where workers and equipment will be brought to the channel or stream, and the wetlands and/or transition areas to be impacted by the activities;

vi. A compliance statement that includes the following:

(1) The classification, under the Department's Surface Water Quality Standards, N.J.A.C. 7:9B, of the affected portion of the channel or stream;

(2) A description of the nature of the project;

(3) A description of the proposed methods that will be used to remove material from the channel or stream and the location where the dredged material will be placed;

(4) A certification signed by the county or municipal engineer, or an engineer employed by the local Soil Conservation District, which lists each requirement at (a) and (c) above that applies to the project, and states how the requirement has been or will be satisfied;

(5) A demonstration that the proposed activity or project satisfies the requirements of N.J.A.C. 7:7A-5.7;

vii. Documentation that the public notice requirements of N.J.A.C. 7:7A-17have been met, including a completed Public Notice form, available from the Department at the address set forth at N.J.A.C. 7:7A-1.4; and

viii. A copy of all conservation restrictions that impact any portion of the site that is the subject of the application.

(f) Within 15 calendar days after completion of a project under general permit 25 that involves the removal of sediment, the permittee shall submit to the Department:

1. A written notice that the project has been completed; and

2. A certification, signed by the county or municipal engineer, or an engineer employed by the local Soil Conservation District that lists each requirement in (a) and (c) above that applies to the project, and states how the requirement has been satisfied.

N.J. Admin. Code § 7:7A-7.25

Amended and recodified from 7:7A-5.26 by 49 N.J.R. 3849(a), effective 12/18/2017

Administrative Change, 50 N.J.R. 1147(a).

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