N.J. Admin. Code § 7:13-9.1

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

Section 7:13-9.1 - General permit 1-channel cleaning under the Stream Cleaning Act

(a) General permit 1 authorizes a county, municipality, or a designated agency thereof to desnag a channel and/or remove accumulated sediment, debris, and garbage under the "Stream Cleaning Act" at N.J.S.A. 58:16A-67, provided the conditions at N.J.A.C. 7:13-6.7 are met and:

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

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 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 previously lined with concrete or similar artificial material;

4. The project does not disturb the channel bank or result in any clearing, cutting, and/or removal of riparian zone vegetation, unless such disturbance is unavoidable, necessary to gain access to the channel, and minimized;

5. 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 regulated water;

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

7. 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 bed does not exceed 30 feet;

iv. The channel is not classified as a Pinelands water or Category One water;

v. The channel is not a present or documented habitat for threatened or endangered species; and

vi. The timing restrictions set forth at N.J.A.C. 7:13-11.5(d) are observed.

(b) All materials, including dredged material, removed from a channel during activities authorized under this general permit shall be placed outside of any regulated area and also any freshwater wetlands, transition areas, and State open waters, as those terms are defined in the Freshwater Wetlands Protection Act Rules, 7:7A-1.4, unless it is demonstrated that this would cause more environmental harm or flooding risk than the placement of the material in these areas. For example, if removal of dredged material requires construction of a long temporary roadway through a 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.

(c) 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 7:13-11.1(c).

(d) An application for authorization under this general permit is not subject to the application requirements at N.J.A.C. 7:13-18, except for those at N.J.A.C. 7:13-18.2. An application for authorization under general permit 1 shall be submitted to the Department electronically through the Department's online system at http://nj.gov/dep/online, and shall include the following:

1. All of the information listed at N.J.A.C. 7:13-18.4(b);

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. 7:13-18.2(d). The Property Owner Certification form is available from the Department at the address set forth at N.J.A.C. 7:13-1.3;

ii. Site plans prepared by an engineer, which clearly depict the segments of the channel or stream to be cleaned;

iii. The location of the affected portion of the channel or stream, including the county and 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;

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, for 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; and

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

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

(e) The application review procedures for authorization under this general permit are set forth at N.J.A.C. 7:13-21. No application fee or public notice of the application are required for an authorization under this general permit.

(f) Within 15 calendar days after the completion of a project under this general permit 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) above that applies to the project, and states how the requirement has been satisfied.

N.J. Admin. Code § 7:13-9.1

Adopted by 48 N.J.R. 1067(a), effective 6/20/2016

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

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