New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 17 - MITIGATION › Section 7:7-17.7 - Basic requirements for mitigation proposals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A mitigation proposal required under this
				chapter shall be submitted at least 90 calendar days prior to the commencement
				of regulated activities authorized by a permit.
(b) A mitigation proposal to remedy a
				violation under this chapter shall be submitted by the deadline set forth in
				the Department's enforcement document.
(c) A mitigation proposal shall include all
				information necessary for the Department to determine if the requirements of
				this subchapter are met.
(d) The
				information required to be submitted in a mitigation proposal for the
				restoration, creation, and/or enhancement of wetlands, intertidal and subtidal
				shallows, submerged vegetation habitat, and riparian zones is set forth in the
				appropriate mitigation proposal checklist, available from the Department at the
				address set forth at
				7:7-1.6, and described at (h)
				below.
(e) A mitigation proposal
				for a monetary contribution to the Department's dedicated account for shellfish
				habitat mitigation shall consist of a copy of the permit authorizing the
				impact(s) that is being mitigated and a demonstration that the contribution
				amount addresses the factors specified at
				7:7-17.9(b)2.
(f) A mitigation proposal for the purchase of
				bank credits shall consist of a copy of the permit authorizing the impact(s)
				that is being mitigated and the identity of the mitigation bank from which
				appropriate credits will be purchased.
(g) A mitigation proposal for the purchase of
				in-lieu fee credits shall consist of a copy of the permit authorizing the
				impact(s) that is being mitigated and the identity of the in-lieu fee program
				from which appropriate credits will be purchased.
(h) The mitigation proposal checklists
				identified at (d) above require the following information:
1. Basic information regarding the applicant,
				the impacts for which the mitigation is intended to compensate, and a copy of
				the permit (if issued) or enforcement document that is the source of the
				mitigation requirement;
2. The
				following material necessary to explain and illustrate the existing and
				proposed conditions at the mitigation site:
i. Visual materials such as maps, site plans,
				planting plans, surveys, topography, diagrams, delineations, and/or
				photographs;
ii. A narrative
				describing the existing conditions and proposed mitigation, as well as
				supporting soil or vegetation samples; and
iii. A preventive maintenance plan detailing
				how invasive or noxious vegetation will be controlled, and how predation of the
				mitigation plantings will be prevented;
3. A specific breakdown of each resource for
				which mitigation is being proposed (for example, forested wetlands, scrub shrub
				wetlands, riparian zones, intertidal and subtidal shallows, submerged
				vegetation habitat) and the type and quantity of proposed mitigation for each
				resource;
4. Information regarding
				relevant features of other properties in the vicinity of the mitigation area,
				such as whether nearby properties are publicly owned, or contain preserved open
				space, or significant natural resources;
5. Schedules describing in detail the
				sequence of mitigation activities and estimated dates for completion for each
				mitigation activity;
6. Cost
				estimates to perform the mitigation and maintain the mitigation area after
				construction and/or transfer is completed;
7. A preliminary characterization and
				assessment of the site in accordance with
				7:7-17.5(g)  to
				enable the Department to determine if contamination is present and if the
				proposed mitigation activities pose an ecological risk;
8. A description of post-construction
				activities, including schedules for monitoring, maintenance, and
				reporting;
9. Contingency measures
				that will be followed if the mitigation project fails or shows indications of
				failing;
10. A certification that
				the proposed mitigation will not adversely affect historic resources which are
				listed or are eligible for listing on the New Jersey or National Register of
				Historic Places;
11. Information
				and/or certifications regarding the presence or absence of endangered and/or
				threatened wildlife and plant species habitat or other features on the proposed
				mitigation area relevant to determining compliance with this chapter;
12. Any letters, contracts, agreements,
				conservation restrictions, or other draft or executed documents necessary to
				ensure compliance with this chapter;
13. A certification of truth and accuracy in
				accordance with
				7:7-23.2(j);
14. Consent from the owner of the proposed
				mitigation area allowing the Department to enter the property in a reasonable
				manner and at reasonable times to inspect the proposed mitigation area;
				and
15. For a mitigation proposal
				that was not submitted as part of an application for an individual permit,
				documentation that public notice of the mitigation proposal was provided in
				accordance with N.J.A.C. 7:7-24.