N.J. Admin. Code § 7:13-9.9

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

Section 7:13-9.9 - General permit 9 - construction or reconstruction of a bridge or culvert across a regulated water with a drainage area of less than 50 acres

(a) General permit 9 authorizes the construction or reconstruction of one bridge or culvert that crosses a regulated water that has a drainage area of less than 50 acres, provided the conditions at N.J.A.C. 7:13-6.7 are met and:

1. The bridge or culvert is not located in the flood hazard area of an additional regulated water that has a drainage area of 50 acres or greater;

2. The bridge or culvert and any associated construction, such as embankments, abutments, footings, and travel surfaces, are designed to remain stable, scour resistant, and resistant to displacement and/or damage. At a minimum, a bridge shall have stable abutments, a culvert shall have stable headwalls, and any abutment and headwall shall have footings that extend no less than three feet below the invert of the channel;

3. The bridge or culvert, to the extent feasible, matches or exceeds the dimensions of the existing channel so that the size and shape of the natural channel is preserved through the structure in order to avoid potential adverse impacts to channel stability and aquatic, semi-aquatic, and terrestrial resources;

4. No armoring is placed under or across the channel bed, unless such armoring is necessary to prevent scour along the proposed abutments or footings. In such a case, the armoring shall be buried beneath at least two feet of native substrate, where placing such substrate is feasible and effective in stabilizing the channel and protecting aquatic habitat under expected flood conditions;

5. Any temporarily disturbed sections of the channel are restored to pre-construction conditions immediately after completion of the disturbance. Characteristics that shall be replicated include channel shape, width, and meandering, ratio of shallow areas to deep areas, anticipated flow rate, and velocity and substrate type;

6. Clearing, cutting, and/or removal of riparian zone vegetation is the minimum necessary to successfully implement the project and is limited to actively disturbed areas where possible;

7. Any new bridge or culvert, and any new railroad or roadway it conveys, are not located within a 300-foot riparian zone;

8. The total area of riparian zone vegetation to be cleared, cut, and/or removed does not exceed the limits set forth in Table 11.2 at N.J.A.C. 7:13-11.2;

9. Where the bridge or culvert conveys a railroad or public roadway, the requirements of N.J.A.C. 7:13-11.2(g)2, 3, and 4 are met;

10. Where the bridge or culvert conveys a private roadway, the requirements of N.J.A.C. 7:13-11.2(h)2, 3, 4, and 6 are met; and

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

N.J. Admin. Code § 7:13-9.9

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

Amended by 49 N.J.R. 2246(a), effective 7/17/2017