N.J. Admin. Code § 7:13-9.2

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

Section 7:13-9.2 - General permit 2-mosquito control water management activities

(a) General permit 2 authorizes activities in flood hazard areas and riparian zones necessary for mosquito control water management activities conducted by a county mosquito control agency or a Federal agency on Federal land. Mosquito control water management activities authorized under this general permit include:

1. Removal of accumulated silt, sediment, and debris from any water;

2. Creation of ditches and channels where appropriate for mosquito control; and

3. Improvements to flow in manmade waters, such as the excavation of an existing manmade ditch or channel to provide positive drainage.

(b) Mosquito control water management activities described at (a) above are acceptable provided the conditions at N.J.A.C. 7:13-6.7 are met and:

1. The activities are necessary to control a documented mosquito problem, as determined by the State Office of Mosquito Control Coordination;

2. The material to be removed from the regulated water consists solely of accumulated silt, sediment, and debris and does not alter the natural bed and banks of the regulated water;

3. In order to minimize the downstream transport of sediment during dredging, all areas to be dredged must be isolated from flowing water, where possible, through:

i. Erecting temporary berms or sheet-piles around the areas to be dredged and pumping the flow within the regulated water around the work area; or

ii. If flow is low, by blocking off sections of the regulated water being dredged and allowing the sediment to settle;

4. All material removed from the regulated water is placed in accordance with the following:

i. Sediment removed can be placed in a regulated area provided the requirements at N.J.A.C. 7:13-12.15(f) are satisfied; and

ii. All trash and debris removed must be placed outside any flood hazard area or riparian zone and in accordance with all applicable Federal, State, and local requirements;

5. The timing restrictions set forth at 7:13-11.5(d) are observed;

6. 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 regulated water, and minimized;

7. 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;

8. The use of heavy equipment in the regulated water is avoided unless it is demonstrated that there is no feasible alternative that would result in less environmental damage; and

9. Access points to each regulated water are:

i. Identified; and

ii. Limited to actively disturbed areas, where possible.

(c) The Department shall not authorize activities under this general permit more frequently than once every five years for a particular site.

N.J. Admin. Code § 7:13-9.2

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