New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 6 - GENERAL PERMITS › Section 7:7-6.23 - General permit 23 - geotechnical survey borings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This general permit authorizes
				geotechnical survey borings including survey borings or excavations constructed
				for the purpose of obtaining information on subsurface conditions, for the
				purpose of determining the presence or extent of contamination in subsurface
				soils or groundwater, and for obtaining seismic information, provided the
				following conditions are met.
1. Borings and
				related site disturbance shall not be located in shellfish habitat
				(7:7-9.2 ), submerged vegetation
				habitat (7:7-9.6 ) or endangered or
				threatened wildlife or plant species habitats (7:7-9.36 ).
2. Borings and related site disturbance shall
				comply with wild and scenic river corridors, (7:7-9.44 ), wetlands (7:7-9.27 ), and wetlands buffers
				(7:7-9.28 ).
3. Borings for remedial investigation shall
				be permitted, constructed, and completed in accordance with the Well
				Construction and Maintenance; Sealing of Abandoned Well rules, N.J.A.C. 7:9D,
				and 7:26E-1.5(b)  and
				4 of the Technical Requirements for Site Remediation;
i. Any excavation shall not adversely impact
				existing remedial investigation/remediation action (RI/RA)
				activities:
ii. Workers on-site
				shall be notified, in writing, prior to the start of site preparation, of the
				possible presence of contaminated materials. Appropriate measures shall be
				taken to protect workers from exposure to possible contaminants; and
iii. Any potential or actual impact to
				existing monitoring wells shall be reported to the Department's Site
				Remediation Program and the licensed site remediation professional (LSRP) of
				record assigned to the case, if applicable. The LSRP (or the Site Remediation
				Program if there is no LSRP involved in the case) will coordinate appropriate
				measures required to protect, decommission, or install the monitoring wells.
				The LSRP is responsible for ensuring that all damaged or destroyed wells are
				decommissioned in accordance with N.J.A.C. 7:9D. Any replacement wells shall be
				installed in accordance with N.J.A.C. 7:9D. Decommissioning of monitoring wells
				and drilling of regulated soil borings shall be performed by a New Jersey
				licensed well driller of the proper class in accordance with N.J.A.C.
				7:9D.
4. Disturbance
				shall be limited to that which is necessary to access and conduct the
				geotechnical borings.
i. Disturbance to
				vegetation shall be limited to a maximum width of five feet for access.
5. Borings and related
				site disturbance shall not be conducted during the following time periods:
i. During the migration of anadromous fish
				from April 1 thru June 30 (inclusive);
ii. During the period from March 1 thru June
				30 and from October 1 thru November 30 (inclusive), within and adjacent to
				waters on the Delaware River System from the mouth of bay to Delaware Memorial
				Bridge and tidal Maurice River, identified as American shad migratory pathways;
				and
iii. During the period from
				April 1 thru June 30 and from September 1 thru November 30 (inclusive), within
				and adjacent to waters on the Delaware River System from the Delaware Memorial
				Bridge to the New York State line and tidal portions of Rancocas and Raccoon
				Creeks, identified as American shad migratory pathways.
6. Bore holes shall be backfilled to the
				original surface level with appropriate, non-contaminated, soil material.
i. Sand may not be used for backfilling in
				either freshwater or coastal wetlands. Restoration of all bore holes must
				maintain the hydrologic integrity of the wetlands. To avoid the potential for
				draining a wetland by puncturing a hard-pan or confining layer, all borings
				must be sealed with grout or bentonite in accordance with the Department's
				Water Monitoring Management Program rules, N.J.A.C. 7:9-6.
ii. Water used to flush a boring may be
				discharged to the ground provided the boring is not conducted in proximity to a
				stream or in an area of hazardous waste or acid-producing soils. When the
				boring is performed in proximity to a stream, and water or drilling fluid is
				used to remove soil from the hole, the sediment-laden water shall not be
				allowed to flow overland such that it would enter the stream. Soil erosion and
				sediment control measures shall be used as necessary to contain/filter excess
				water. Drilling fluid shall be contained when working adjacent to a
				fish-populated watercourse during the relevant restricted period, and in any
				other situation where containment represents the only method of ensuring that
				there is no impact to adjacent streams.
7. Bore holes shall be backfilled to the
				original surface level with appropriate, non-contaminated, soil material.
i. Sand may not be used for backfilling in
				either freshwater or coastal wetlands. Restoration of all bore holes must
				maintain the hydrologic integrity of the wetlands. To avoid the potential for
				draining a wetland by puncturing a hard-pan or confining layer, all borings
				must be sealed with grout or bentonite in accordance with the Department's
				Water Monitoring Management Program rules, N.J.A.C. 7:9-6.
ii. Water used to flush a boring may be
				discharged to the ground provided the boring is not conducted in proximity to a
				stream or in an area of hazardous waste or acid-producing soils. When the
				boring is performed in proximity to a stream, and water or drilling fluid is
				used to remove soil from the hole, the sediment-laden water shall not be
				allowed to flow overland such that it would enter the stream. Soil erosion and
				sediment control measures shall be used as necessary to contain/filter excess
				water. Drilling fluid shall be contained when working adjacent to a
				fish-populated watercourse during the relevant restricted period, and in any
				other situation where containment represents the only method of ensuring that
				there is no impact to adjacent streams.