N.J. Admin. Code § 7:7A-16.7

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

Section 7:7A-16.7 - Additional application requirements for an authorization under a general permit, for an individual permit, or for a transition area waiver

(a) An application for authorization under a general permit, for an individual permit, or for a transition area waiver shall be submitted electronically through the Department's online system at http://nj.gov/dep/online, including all application information and supporting documentation.

(b) In addition to meeting the requirements at N.J.A.C. 7:7A-16.2, the applicant is required to provide the following in the online application for a general permit, individual permit, or transition area waiver:

1. The number and subject matter of the general permit, individual permit, or transition area waiver under which the application is being submitted;

2. The name of, or other identifier for, the proposed regulated activity or project;

3. The location of the proposed regulated activity or project, including address, city, state, zip code, municipality, State plane coordinates, watershed information, lot, and block, as necessary;

4. Information specific to the proposed project related to the requirements of the authorization, permit, or transition area waiver under which the application is being submitted;

5. Contact information for the applicant, the property owner, any designated agent(s), and the municipal clerk for each municipality in which the project is located, including: name, address, telephone number, email address, municipality, county, organization, and organization type;

6. 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 at (b) above, an application for an authorization under a general permit, for an individual permit, or for a transition area waiver shall include the following digital documents, which must be uploaded to the online service in the format specified in the appropriate application checklist:

1. 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;

2. Documentation that public notice of the application has been provided in accordance with N.J.A.C. 7:7A-17, including a completed Public Notice form, available from the Department at the address set forth at N.J.A.C. 7:7A-1.4;

3. Site location maps, including the following:

i. A copy of the tax map for the property;

ii. A copy of the portion of the county road map showing the property location; and

iii. A copy of the USGS quad map(s) that includes the site, with the site clearly outlined to scale.

4. Site plans, certified in accordance with N.J.A.C. 7:7A-16.2(j), which include the following, both on and adjacent to the site, as applicable:

i. Existing features, such as lot lines, structures, land coverage, and vegetation, which are necessary to demonstrate that the proposed regulated activity or project meets the requirements of this chapter;

ii. All proposed regulated activities; the size, location, and details of any proposed structures, roads, or utilities; details of any clearing, grading, filling, excavation, and dredging; the location and area of wetlands, transition areas, and/or State open waters that will be disturbed and the limits of disturbance;

iii. Existing and proposed topography where necessary to demonstrate that the proposed regulated activity or project meets the requirements of this chapter. All topography shall reference NGVD or include the appropriate conversion factor to NGVD; and

iv. Details of any proposed soil erosion and sediment control measures;

5. In addition to the site plan specified at (c)4 above, other visual representations, such as photographs, graphs, maps, and tables, that illustrate existing site conditions and the proposed activity or project;

6. Calculations, analyses, reports, data, and supporting materials necessary to demonstrate that the proposed activity or project meets the requirements of this chapter, and the requirements of the Department's Stormwater Management rules at N.J.A.C. 7:8, if applicable;

7. Information and certifications regarding the presence or absence of endangered or threatened species habitat, critical habitat for fauna or flora, historic or archaeological resources, or other features on the site that are relevant to determining compliance with the requirements of this chapter;

8. If a site is known or suspected to be contaminated with toxic substances, and if the Department requests it, a laboratory analysis of representative samples of the soil or sediment on the site;

9. Any information necessary to ensure compliance with State and/or Federal law, and/or to determine whether an application for an authorization under a general permit, an individual permit, or a transition area waiver meets State and/or Federal standards;

10. Any other information not listed in this subsection, if necessary to ensure compliance with the Federal rules governing the Department's assumption of the Federal 404 program at 40 CFR 233.30; and

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

(d) If a proposed activity or project for which an authorization under a general permit, an individual permit, or a transition area waiver is sought requires mitigation in accordance with this chapter, the applicant may submit a mitigation proposal as part of the application for the authorization. If the applicant does not submit a mitigation proposal with the application, the applicant shall submit the mitigation proposal at least 90 calendar days before the start of activities authorized by the permit, in accordance with N.J.A.C. 7:7A-11.

N.J. Admin. Code § 7:7A-16.7

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

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