N.J. Admin. Code § 7:7A-16.9

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

Section 7:7A-16.9 - Additional requirements specific to an application for an individual permit

(a) In addition to meeting the requirements at N.J.A.C. 7:7A-16.2 and 16.7, an application for an individual permit shall meet the requirements of this section.

(b) An application for an individual permit shall include the following:

1. A line delineation LOI issued under N.J.A.C. 7:7A-4.4 or a line verification LOI issued under N.J.A.C. 7:7A-4.5, if an LOI of either type has been issued. A presence/absence LOI issued under N.J.A.C. 7:7A-4.3 is not sufficient. If no LOI has been issued for the site, or if only a presence/absence LOI has been issued, the application shall include all information required for an application for a line delineation LOI or line verification LOI;

2. The total area of wetlands and State open waters, in acres, on the site before the regulated activity is performed, and the total area, in acres, of wetlands and State open waters on the site that will remain after the regulated activity is performed. The total area of wetlands and State open waters on the site can be approximated using a planimeter or other mapping technique;

3. A copy of the deed and/or other legal documents pertaining to the site;

4. An environmental report that includes:

i. A narrative that describes the basic project purpose of the proposed activity, including whether it is water dependent;

ii. Maps (such as freshwater wetlands maps and USDA soil surveys) that provide an environmental inventory of the site;

iii. Information regarding special aquatic sites, public lands, critical habitat, and other relevant environmental features of the site;

iv. An analysis of any potential temporary and/or permanent adverse environmental impact(s), whether onsite or offsite, of the proposed regulated activity or project on freshwater wetlands, State open waters, transition areas, fishery resources, and threatened or endangered species and their habitat, including any monitoring or reporting methods that will be used;

v. An alternatives analysis that allows the Department to evaluate whether the requirements of N.J.A.C. 7:7A-10.2 are met, including the following:

(1) A description of all alternatives considered, including offsite alternatives, as well as onsite alternatives that could minimize environmental impacts on the site, and the reasons for rejecting each alternative;

(2) Information regarding the history of the property as a whole, as necessary to evaluate the cost to the property owner of various alternatives. Such information may include:

(A) Document(s) showing when the property as a whole was acquired and its purchase price;

(B) Documentation of any investments made to maintain and/or develop the property as a whole;

(C) Documentation of attempts by the property owner to sell the property or to obtain other property; and

vi. A description of all measures taken to reduce any potential adverse environmental impact(s) to the resources listed at (b)4iv above.

N.J. Admin. Code § 7:7A-16.9

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

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