The connection may not be through groundwater alone. An operation ceases to be established when the area on which it was conducted has been converted to another use or has lain idle for so long that modifications to the hydrological regime are necessary to resume operations, or for more than five years, whichever is shorter. 7:9B-1.5(d), for protection from measurable changes in water quality characteristics because of their clarity, color, scenic setting, other characteristics of aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, or exceptional fisheries resource(s). The term includes, but is not limited to, the following activities: "Ditch" means a linear topographic depression with bed and banks of human construction, which conveys water to or from a site, which is surrounded by uplands and which is not located within a wetland. : WFD180001 (IP In … "FW2 waters" means waters designated as FW2 waters in the Department's Surface Water Quality Standards, N.J.A.C. 7:14A, and excluding freshwater wetlands as defined in this section. 7:7A-3, indicating the presence or absence of wetlands, State open waters, or transition areas; verifying or delineating the boundaries of freshwater wetlands, State open waters, and/or transition areas; or assigning a wetland a resource value classification. The HUC 11 data is entitled "subwatersheds." "Public hearing" means an administrative non-adversarial type hearing before a representative or representatives of the Department providing the opportunity for public comment, but does not include cross-examination. Continuing Education Credits Most intermittent streams are shown on Soil Conservation Service county soil surveys. 7:13 - Index to the entire rule.. "Letter of interpretation" or "LOI" means the document issued by the Department under N.J.A.C. 7:7A-1.4 above that meets all of the criteria at 1 through 4 below. After exposure to oxygen, these soils generally have a pH of 3.0 or lower. The new rule amendments, which take full effect March 2, 2021, require the use of green infrastructure. 7:9B. A to Z | departments | search, Copyright © State of New Jersey, 1996-2018 This term also includes a wetland that was manipulated and used for pasture or hayland before December 23, 1985, which has been in active use for pasture or hayland continuously since then. ; or. When the Regional Administrator has objected to issuance of the permit and the objection has not been resolved; When the proposed discharges would be in an area which has been prohibited, withdrawn, or denied as a disposal site by the USEPA under Section 404(c) of the Federal Act, or when the discharge would fail to comply with a restriction imposed thereunder; or. In order to determine if an applicant qualifies for an exemption under this definition, the Department will determine the existence of a proposed economic development at the time of the subdivision application. New Jersey Department of Environmental Protection The Division of Land Use Regulation The Environmental Protection Agency (EPA) is a Federal agency tasked with … "Plowing" means all forms of primary tillage, including moldboard, chisel, or wide-blade, plowing, discing, harrowing, and similar physical means utilized on farm, forest or ranch land for the breaking up, cutting, turning over, or stirring of soil to prepare it for the planting of crops. In such a case, the applicant would be responsible for obtaining any necessary 404 program approvals from the ACOE. Evidence of past use by a species may include, but is not limited to, sightings of the species, or of its sign (for example, skin, scat, shell, track, nest, herbarium records, etc. "Major discharge" means a discharge or activity that the Department must transmit to EPA for review in accordance with the Department's 1993 MOA with EPA regarding assumption of the Federal 404 program. Surface use except for purposes permitting the land or water area to remain predominantly in its natural condition; ... including any amendments and supplements, and implementing regulations. 7:7A-1.3. 7:9B-1.15 defines FW1 waters as those fresh waters wholly within Federal or State lands or special holdings, that are preserved for posterity, and are not subject to wastewater discharges of human origin. Non-tidal drainage and irrigation ditches excavated on dry land; Artificially irrigated areas which would revert to upland if the irrigation ceased; Artificial lakes or ponds created by excavating and/or diking dry land to collect and retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing; Artificial reflecting or swimming pools or other small ornamental bodies of water created by excavating and/or diking dry land to retain water for primarily aesthetic reasons; Water-filled depressions created in dry land incidental to construction or remediation activity and pits excavated in dry land for the purpose of obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting body of water meets the definition of "waters of the United States"; Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of the Federal act (other than cooling ponds); Erosional channels less than two feet wide and six inches deep in upland areas resulting from poor soil management practices; and. It also helps the State identify “waters of the United States” in accordance with current Federal standards. 7:7A, Appendix 1, incorporated herein by reference. Log in to NJDEP Online. The procedures in (b) through (j) below explain USEPA's oversight role, and the procedures which the State will follow to facilitate USEPA's oversight. Home | Services "General permit" means a permit, adopted as a rule, under which the Department issues authorizations. Proposed projects containing known historic or archaeological resources, based upon information contained within the application, or as identified on copies of historic property maps prepared by the Department; Proposed projects on sites that exceed 20 acres in size which include a permanent water body (for example wetlands, pond, lake, river or perennial stream) or are located within 250 feet of a permanent water body; Proposed projects for which available maps, photographs, or other information, or observations made during a site visit, indicate the presence of buildings, structures, or ruins over 50 years old that could potentially be affected by the proposed project; Proposed projects including new, replacement, reconstructed, or rehabilitated bridges or culverts; and. 7:7A-5.6 General permit 6 - Non-tributary wetlands. If an applicant is not and will not be pursuing Federal financial assistance as described in (n) above, the applicant shall provide the Department with a statement to that effect. Continuing Education Credits Software designed for use with Geographic Information Systems (GIS) will be required to view the downloaded data. A to Z, How To Get a Paper Copy of Department of Environmental Protection Rules, Contact The Flood Hazard Area General Permit No. The system starts with the largest possible drainage areas and progressively smaller subdivisions of the drainage area are delineated and numbered in a nested fashion. Although "project" is not limited to specific structures shown on the subdivision plans, it is limited to development on those portions of a tract of land that were the focus of the qualifying subdivision application or approval. State Permits Potentially Required During Maintenance. Wetlands adjacent to a surface water are connected to the surface water and are part of the surface water tributary system. This permit supports the creation of Freshwater Wetlands on actively farmed fields to enhance the hydrology and fertility of the agricultural land. "Open water fill permit" means the type of New Jersey Pollution Discharge Elimination System permit issued pursuant to this chapter and N.J.S.A. "Documented habitat for threatened or endangered species" means areas for which: "Drainage" means active or passive methods for changing the hydrologic conditions of wetlands or State open water, such as lowering groundwater or surface water levels through pumping, ditching, or otherwise altering water flow patterns. "Best Management Practices" or "BMPs" means methods, measures, designs, performance standards, maintenance procedures, and other management practices which prevent or reduce adverse impacts upon or pollution of freshwater wetlands, State open waters, and adjacent aquatic habitats, which facilitate compliance with the Federal Section 404(b)(1) guidelines (40 C.F.R. 40:55D-46, 48 and 49 prior to final approval after specific elements of a development plan have been agreed upon by the planning board and the applicant. ), except freshwater wetlands which, for the purposes of this chapter, shall not be considered special aquatic sites. “Architectural survey” means an intensive-level historic architectural survey completed by an architectural historian whose qualifications meet the Secretary of the Interior’s Professional Qualifications Standards and related guidance as part of the larger Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation as referenced in 36 CRF 61, as amended and supplemented, incorporated herein by reference. However, the connection may be through overland flow only if there is evidence of scouring, erosion, or concentrated flows. Information regarding the standard averaging period can be found in the USDA's Natural Resources Conservation Service website at www.nrcs.usda.gov/water/climate. Where site plan approval is required prior to construction, "project" means the proposed economic development, whether commercial, industrial or residential, intended to be constructed on that portion of a tract of land that is the focus of the qualifying approval. "Threatened or endangered species" means a species identified pursuant to the Endangered and Nongame Species Conservation Act, N.J.S.A. home | about An activity that can function on a site not adjacent to the water is not considered water dependent regardless of the economic advantages that may be gained from a waterfront location. The Department makes the finding that the area remains suitable for use by the specific documented threatened or endangered species during the normal period(s) the species would use the habitat. The term includes the addition of dredged material into State open waters or freshwater wetlands and the runoff or overflow from a contained land or water dredge material disposal area. §§9601 et seq. The USEPA may notify the Department within 30 days of receipt that there is no comment but that USEPA reserves the right to object within 90 days of receipt, based on any new information brought out by the public during the comment period or at a hearing. 7:7A-1.3. A to Z | Departments/Agencies | FAQs, DEP Home | About DEP | Index by Topic | Programs/Units | DEP Online. "Dredging" means removal of wetlands or State open water soils or sediments through use of mechanical, hydraulic, or pneumatic tools or other means. The property as a whole may also include blocks or lots that were previously sold or developed, if those blocks or lots and the remaining unsold or undeveloped blocks or lots were part of one. 7:7A) on May 1, 2017. For the purpose of a transition area exemption under N.J.A.C. These waters may include, but are not limited to: "Commissioner" means the Commissioner of the Department of Environmental Protection. “Historic preservation restriction or easement” means an interest in land less than fee simple absolute, stated in the form of a right, restriction, easement, covenant, or condition, in any deed, will or other instrument, other than a lease, executed by or on behalf of the owner of the land, appropriate to preserving a structure or site which is historically significant for its architecture, archeology or associations, to forbid or limit any or all: “HUC” means the hydrologic unit code system developed by the United States Geological Service for delineating and identifying drainage areas. Linear development shall not mean residential, commercial, office, or industrial buildings, improvements within a development such as utility lines or pipes, or internal circulation roads. The normal harvesting of forest products is a part of some silviculture operations. Diane Dow Director, New Jersey Department of Environmental Protection, Division of Land Use Regulation Greater New York City Area 164 connections This verbal approval will be followed within five working days by a written confirmation of the emergency authorization from the Department. "Person" means an individual, corporation, corporate officer or official, partnership, association, the Federal government, the State, municipality, commission or political subdivision of the State or any interstate body. In cases where the above information is unclear, the Department may consider money spent or obligated on engineering and design in the preparation of the subdivision application to determine if a substantial investment has been made in an economic development. DEP | Privacy NJ PACT- Adapting land use regulations-Stakeholder Meeting. Department: njdep Statement, Accessibility Fish and Wildlife Service; A discharge of dredged or fill material which has the potential for adverse impacts on the waters of a state other than New Jersey; A discharge known or suspected to contain: Toxic pollutants as identified by Section 307(a)(1) of the Federal act; Hazardous substances identified pursuant to Section 311 of the Federal act and Section 101(14) of the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. ), passed in 1972 and amended in 1977 to address the discharge of dredge or fill material into Waters of the United States (commonly known as Section 404 of the Clean Water Act), For the purposes of this subsection, "public entities" means the State, county, municipality, or an agency or instrumentality thereof: (p)  At sites where activities  require a freshwater wetlands and/or State open water permit, the demolition of buildings or structures potentially over 50 years of age, or the disturbance of soils, shall not be undertaken prior to receipt of such permit.  Undertaking such activities without a permit shall be considered a violation of this chapter. 2:90; and effluent limitations or prohibitions under Section 307(a) of the Federal Act and the Department's Surface Water Quality Standards, N.J.A.C. Getting a GP2 Authorization: If you believe that your project will require a GP2, and you do not know how to apply for one, we suggest that you visit "The Permit Process" section of this website for more information.It will give you a general overview on the ins and outs of permitting, and will direct you to the forms necessary to apply. 7:7A-2.8(f) based on the application for or the grant of a preliminary site plan approval: All buildings, structures, pavements, and other improvements specifically depicted on the site plans referenced in the resolution approving the site plan; and. NJDEP Land Use Regulation Program The Land Use Regulation Program (LURP) plays an important role in the state's environmental protection strategy for managing the land. 7:7A. N.J.A.C. USEPA shall notify the Department of this decision. These soils may be described in several places, including New Jersey's Official List of Hydric Soils, developed by the Natural Resources Conservation Service; the National Wetlands Inventory, entitled "The Wetlands of New Jersey", published in 1985 by the United States Fish and Wildlife Service; or in the 1989 Federal manual. The national headquarters is in Washington, D.C. New Jersey is more directly served by EPA Region 2 located in New York City. This statute is sometimes referred to as the Federal Clean Water Act. N.J.A.C. Which are used to irrigate crops sold in interstate commerce; All impoundments of waters otherwise defined as waters of the United States under this definition; Tributaries of waters identified in paragraphs 1 through 4 of this definition; Wetlands adjacent to waters identified in paragraphs 1 through 6 of this definition, other than those that are themselves wetlands. ; A discharge located in the proximity of a public water supply intake; A discharge within a critical area established under State or Federal law, including but not limited to a National or State park; fish or wildlife sanctuary or refuge; National or historical monument; wilderness area or preserve; a site identified or proposed under the National Historic Preservation Act; or a component of the National Wild and Scenic Rivers system; The filling of five or more acres of freshwater wetlands and/or State open waters; Any regulated activity that results in a significant reduction in the ecological, commercial, or recreational values of five or more acres of freshwater wetlands or State open waters; A culvert enclosure longer than 100 feet; or. ), as well as identification of its call; and. Clear color photographs of all buildings, structures, ruins of buildings and structures, and burial grounds on the site; A key map of the site locating all photographs provided in 1. above; and. "Discharge of fill material" means the addition of fill into State open waters or freshwater wetlands. Therefore, only the development on the land in township A is exempt. If the Department has been so notified, the permit or other item shall not be issued until after the receipt of such comments or within 90 days of the USEPA's receipt of the application or other item, or the Department response, whichever comes first. The term does not include the redistribution of dredged material, rock, sand, or other surface materials in a manner which changes any area of wetlands to dry land. A direct link to the rules cited in our standard approval letter for this General Permit can be found below. EPA oversees the NJDEP’s wetland program by reviewing certain wetland applications identified as “major discharges,” by acting as an arbiter when needed between the State and other Federal agencies such as the ACOE or U.S. 7:7A-15, Mitigation, are set forth at N.J.A.C. Notice | Legal "Non-delegable waters" mean waters that are not delegable waters. 7:7A-7. EPA gave the State of New Jersey approval to operate the State Freshwater Wetlands Protection Act program in place of the Federal 404 program. Governor Phil Murphy • Lt.Governor Sheila Oliver, NJ Waters that are not delegable waters include, but are not limited to: "EPA priority wetlands" means wetlands which are designated as priority wetlands by EPA, and are listed on the "Priority Wetlands List for the State of New Jersey," which is available from the Department's Office of Maps and Publications at the address listed at N.J.A.C. Activities on areas lying fallow as part of a conventional rotational cycle that does not exceed five years are part of an established operation. “HUC 11” indicates a larger subwatershed that is composed of several HUC 14 subwatersheds. However, should there be any discrepancies between the text on this web site and the official version of the rule, the official version will govern. 230 et seq. 7:13-8.1 Standards applicable to all general permits . Issue a State freshwater wetlands permit that does not constitute a Federal 404 permit and require the applicant to apply to the appropriate Federal agency for a permit under the Federal 404 program. "Agency of the State" means each of the principal departments in the executive branch of the State Government, and all boards, divisions, commissions, agencies, departments, councils, authorities, offices or officers within any such departments. The following are examples of how the Department will determine the "project" exempted on the basis of the application for or grant of preliminary subdivision approval: Where a project was to be developed in three sections but a complete application for preliminary approval was submitted, accepted and subsequently approved for only one section, only the development planned for that section is exempt and the development envisioned for sections two and three is not exempt. Streams & Rivers - The Flood Hazard Area Control Act. "Hydrophyte" means plant life adapted to growth and reproduction under periodically saturated root zone conditions during at least a portion of the growing season. There will be two sessions covering the same material: Invitation (pdf) Presentation (pdf) Video Session 1 (YouTube) ... NJDEP EJ Rule Making Meeting- Environmental Justice, Environmental, and Community Organizations - 7:9B, for use by trout for spawning or nursery purposes during their first summer. If the USEPA has withdrawn the objection or requirement for a permit condition, the State may issue the Federal 404 permit; or. Statement, Accessibility "Aquatic ecosystem" means waters of the United States, including wetlands, that serve as habitat for interrelated and interacting communities and populations of plants and animals. 7:7A-15.1. "Part of a surface water tributary system" means connected to a surface water that discharges into a lake, pond, river, stream or other surface water feature. §§2601 et seq. "Fill" also means the material deposited. The Department issues the following permits under this chapter: "Permittee" means a person to whom the Department has issued a permit or a waiver under this chapter. Therefore, LURP's main task is reviewing applications for permits to build or develop on environmentally sensitive lands. For fauna, areas which serve an essential role in maintaining wildlife, particularly for wintering, breeding, spawning and migrating activities; For flora, areas supporting rare or unique plant species or uncommon vegetational communities in New Jersey. Hazardous waste as defined by Section 1004(5) of the Resource Conservation and Recovery Act, 42 U.S.C. "Special aquatic site" means a site described in subpart E of the 404(b)1 guidelines (40 C.F.R. Statewide: njhome | citizen | business | government | services N.J.A.C. You will be required to have a myNewJersey Portal account in order to access NJDEP's online services. (h) If USEPA holds a public hearing, the Department shall have 30 days after USEPA gives the Department notice of its decision under (g) above to take either of the actions at 13:9A-1 et seq. 7:7A-1.4 Definitions. These include tidally influenced wetlands which have not been included on a promulgated map pursuant to the Wetlands Act of 1970, N.J.S.A. As of September 4, 2001, N.J.A.C. DEP, Privacy "Abandoned" means, with respect to an agricultural field, including a blueberry field or a cranberry bog, that the field was used for agriculture, but has not been used to produce a crop or product for five years or more. "Dumping" means the discharge, placement or abandonment of solid, semi-solid or liquid materials. 7:7A-2.6 in a transition area. "USGS" means the United States Geological Survey. 13:19) CAFRA applies to projects near coastal waters in the southern part of the State. If the USEPA has not withdrawn the objection or requirement for a permit condition, the Department must do one of the following: Issue a revised permit satisfying the USEPA's objection or including the required permit condition; Notify USEPA of its intent to deny the permit. 7:7A-12.2. “Phase IA historical and archaeological survey” means an archaeological survey the purpose of which is to identify resources completed by an archaeologist whose qualifications meet the Secretary of the Interior’s Professional Qualifications Standards and related guidance as part of the larger Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation as referenced in 36 CFR 61, as amended and supplemented, incorporated herein by reference. §1341 of the Federal Act and N.J.S.A. 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