New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 7 - GENERAL PERMITS › Section 7:7A-7.20 - General permit 20- Bank stabilization

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General permit 20 authorizes activities
				in freshwater wetlands, transition areas, and/or State open waters necessary to
				stabilize the bank of a water body in order to reduce or prevent erosion.
				General permit 20 does not authorize the channelization of a stream or the
				stabilization of the bottom of the stream. Bank stabilization projects are
				eligible for authorization under this general permit provided the applicable
				requirements at
N.J.A.C. 7:7A-5.7
and 20.3 are met and:
1. Vegetative
				or bioengineering stabilization methods are used to stabilize the eroded bank,
				unless the applicant demonstrates that, based on the velocity and configuration
				of the channel or other factors, the Standards for Soil Erosion and Sediment
				Control in New Jersey at
N.J.A.C. 2:90
require other
				methods;
2. The total cumulative
				length of water body bank affected by the bank stabilization activities meets
				the applicable length limit below in this paragraph. These limits apply to the
				total linear footage of stream bank affected, regardless of which side of the
				stream it is on, or whether the activities are contiguous. For example, a bank
				stabilization using only rip-rap could disturb one bank of a stream for a
				distance of 150 feet, or both banks for 75 feet. The applicable length limits
				are as follows:
i. For bank stabilization
				activities involving the placement of rip-rap, no more than 150 feet of stream
				bank;
ii. For the following bank
				stabilization activities, no more than 300 feet of stream bank:
(1) Soil bioengineering systems for stream
				bank stabilization set forth at, and performed in accordance with,
				650.1601(d)(2) in Chapter 16 of the NRCS Engineering Field Handbook, published
				December 1996, incorporated herein by reference as amended and supplemented;
				and
(2) Soil bioengineering systems
				not included in (a)2ii(1) above but approved by the Department in writing,
				which are appropriate to the site and which provide environmental benefits
				similar to those provided by the measures in (a)2ii(1) above. Examples of such
				measures are the placement of coconut fiber rolls or sand filled textile
				containers, parallel to the shoreline of a stream bank; and
iii. For bank stabilization
				activities that meet the following criteria, no more than 500 feet of stream
				bank:
(1) The activities are funded by the
				Department's Bureau of Environmental Analysis, Restoration, and Standards;
				and
(2) The stream bank is not
				located in an area that has a threatened or endangered species associated with
				its wetlands; and
iv.
				For vegetative planting measures for stream bank stabilization set forth at,
				and performed in accordance with, 650.1601(d)(1) in Chapter 16 of the NRCS
				Engineering Field Handbook, there is no length limit.
3. The bank stabilization activities
				described in (a)2 above may be used in combination. For example, a bank
				stabilization project might involve 100 feet of rip-rap authorized under (a)2i
				above, 300 feet of soil bioengineering authorized under (a)2ii above, and 400
				feet of vegetative planting measures authorized under (a)2iv above;
				and
4. Environmental impacts are
				minimized as follows:
i. Activities under
				general permit 20 shall not impair surface water flow into or out of any
				wetland area;
ii. If wetlands or
				transition areas must be disturbed to provide access to stabilization
				activities, the area disturbed shall be the minimum necessary, and shall be no
				wider than 20 feet at any point;
iii. The Department shall allow replacement
				of previously eroded material as part of the bank stabilization only if the
				applicant demonstrates that such replacement would be environmentally
				beneficial;
iv. Activities under
				general permit 20 shall comply with the Standards for Soil Erosion and Sediment
				Control in New Jersey at N.J.A.C. 2:90;
v. The activity shall be a single and
				complete project, not associated with any other regulated activity. For
				example, the bank stabilization activity cannot be conducted at the same
				location as a minor road crossing or a stormwater outfall structure;
				and
vi. The amount of rip-rap or
				other stabilization material placed shall be the minimum necessary to prevent
				erosion, and shall not exceed 150 cubic yards of fill below the top of bank or
				high water mark, unless a larger amount is required in order to comply with the
				Standards for Soil Erosion and Sediment Control in New Jersey at N.J.A.C.
				2:90.