reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 13 - RIPARIAN ZONE MITIGATION › Section 7:13-13.16 - Financial assurance; fully funded trust fund requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person who
				chooses to establish a fully funded trust fund as financial assurance pursuant
				to this subchapter shall submit to the Department the original fully funded
				trust fund agreement. The trust fund agreement shall:
1. Be executed by an entity that has the
				authority to act as a trustee and whose trust operations are regulated and
				examined by a New Jersey or Federal agency;
2. Include any applicable Department file
				number, and the name, street address, lot, block, municipality, and county of
				the mitigation site;
3. Specify
				that the fully funded trust fund cannot be revoked or terminated without the
				prior written approval of the Department;
4. Specify that the trustee may only disburse
				funds with the Department's written approval;
5. Specify that funds shall be utilized
				solely for the purposes of conducting the mitigation project as approved by the
				Department;
6. Specify that the
				Department may access the fully funded trust fund to pay for the cost of the
				mitigation project or bank, pursuant to
				N.J.A.C.
				7:13-13.15(l); and
7. Identify the Department as the sole
				beneficiary of the fully funded trust fund.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 13 - RIPARIAN ZONE MITIGATION › Section 7:13-13.17 - Financial assurance; line of credit requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person who chooses to establish a line
				of credit agreement as financial assurance pursuant to this subchapter shall
				submit to the Department the original line of credit. The line of credit shall:
1. Be issued by an entity that is licensed by
				the New Jersey Department of Banking and Insurance to transact business in the
				State of New Jersey, or by a Federally regulated bank;
2. Include any applicable Department file
				number, and the name, street address, lot, block, municipality, and county of
				the mitigation site;
3. Specify
				that the line of credit shall be issued for a period of one year, and shall be
				automatically extended thereafter for a period of at least one year;
4. Specify that, if the issuer of the line of
				credit decides not to extend the line of credit beyond the then current
				expiration date, the issuer shall notify the person using the line of credit
				and the Department by certified mail of that decision at least 120 calendar
				days before the current expiration date, beginning from the date of receipt by
				the Department as shown on the signed return receipt;
5. Specify that the lender shall disburse
				only those funds that the Department approves in writing;
6. Specify that the funds in the line of
				credit shall be utilized solely for the purposes of conducting the mitigation
				project or bank; and
7. Specify
				that the Department may access the line of credit to pay for the cost of the
				mitigation project or bank pursuant to
				N.J.A.C.
				7:13-13.15(l).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 13 - RIPARIAN ZONE MITIGATION › Section 7:13-13.18 - Financial assurance; letter of credit requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person who chooses to provide a letter
				of credit as financial assurance to guarantee the availability of funds
				pursuant to this subchapter shall submit to the Department the original letter
				of credit. The letter of credit shall:
1. Be
				issued by an entity that is licensed by the New Jersey Department of Banking
				and Insurance to transact business in the State of New Jersey, or by a
				Federally regulated bank;
2.
				Include any applicable Department file number, and the name, street address,
				lot, block, municipality, and county of the mitigation site;
3. Specify that the letter of credit is
				irrevocable and issued for a period of at least one year, and that it will be
				automatically extended thereafter for a period of at least one year;
4. Specify that, if the issuer of the letter
				of credit decides not to extend the letter of credit beyond the then current
				expiration date, the issuer shall notify the person providing the letter of
				credit and the Department by certified mail of that decision at least 120
				calendar days before the current expiration date, beginning from the date of
				receipt by the Department as shown on the signed return receipt; and
5. Specify that the Department may access the
				letter of credit to pay for the cost of the mitigation project or mitigation
				bank, pursuant to
				N.J.A.C.
				7:13-13.15(l).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 13 - RIPARIAN ZONE MITIGATION › Section 7:13-13.19 - Financial assurance; surety bond requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person who chooses to provide a surety
				bond as a financial assurance to guarantee the availability of funds pursuant
				to this subchapter shall complete and submit to the Department the original
				surety bond. The surety bond shall:
1. Be
				issued by an entity that is licensed by the New Jersey Department of Banking
				and Insurance to transact business in the State of New Jersey, or is listed as
				acceptable surety on Federal bonds in Circular 570 of the U.S. Department of
				the Treasury;
2. Include any
				applicable Department file number, and the name, street address, lot, block,
				municipality, and county of the mitigation site;
3. Specify that, if the issuer of the surety
				bond decides not to extend the surety bond beyond the then current expiration
				date, the issuer shall notify the person using the surety bond and the
				Department by certified mail of that decision at least 120 calendar days before
				the current expiration date, beginning from the date of receipt by the
				Department as shown on the signed return receipt; and
4. Specify that the Department may access the
				surety bond to pay for the cost of the mitigation project or mitigation bank,
				pursuant to
				N.J.A.C.
				7:13-13.15(l).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 13 - RIPARIAN ZONE MITIGATION › Section 7:13-13.20 - Mitigation banks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A mitigation
				bank requires approval by the Department prior to the sale or utilization of
				any mitigation credits. "Approval" for the purposes of this section means
				approval in accordance with N.J.A.C. 7:13-13.21.
(b) If the establishment of a mitigation bank
				involves regulated activities, as described at
7:13-2.4
, the bank
				operator shall obtain all necessary approvals from the Department prior to
				undertaking the regulated activities.
(c) Once the Department has approved a
				mitigation bank, the bank operator shall carry out all requirements of the
				banking instrument approving the bank, even if the credits are not anticipated
				to be immediately sold or the mitigation bank is formed with the intent that
				credits will be used solely by the mitigation bank operator.
(d) The Department shall determine how many
				mitigation credits each mitigation bank operator may receive or sell, based on
				the increase in values and functions created as a result of the proposed
				mitigation bank, as well as how the increase in functions and values will
				interact with the regional aquatic and non-aquatic resources. The Department
				shall evaluate each mitigation bank to determine its functions and values
				considering the following:
1. The functions
				and values provided by the bank site at the time the mitigation bank proposal
				is submitted, such as existing soil, vegetation, water quality functions, flood
				storage capacity, soil erosion and sediment control functions, and wildlife
				habitat functions;
2. Whether the
				proposed mitigation activities will result in an increase in functions and
				values over the existing value of the mitigation bank site;
3. The likelihood of long-term success of the
				proposed mitigation activities in creating functions and values similar to
				undisturbed riparian zones;
4. The
				total area of the riparian zone located on the proposed bank site;
5. The potential for the completed mitigation
				site to be a valuable component of the stream ecosystem;
6. The area and type of mitigation proposed
				to be performed;
7. The types of
				resource losses that have occurred in the area;
8. The similarity or dissimilarity of the
				bank to other existing resources in the area;
9. Available scientific literature regarding
				credit ratios; and
10. The
				Department's and other government agencies' experience with mitigation and
				mitigation banks.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 13 - RIPARIAN ZONE MITIGATION › Section 7:13-13.21 - Application for a mitigation bank

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A prospective mitigation bank operator
				may obtain conceptual review of a proposed mitigation bank before buying land
				or preparing a detailed mitigation bank proposal. In a conceptual review,
				Department staff will discuss the apparent strengths and weaknesses of the
				proposed mitigation bank. Guidance provided through a conceptual review is not
				binding on the Department and shall not be relied upon by the applicant in
				purchasing a proposed mitigation area. A conceptual review does not grant any
				property or other rights or in any way imply that the Department has or will
				authorize any mitigation activities at the proposed mitigation area or issue
				any other approval.
(b) To obtain
				conceptual review of a proposed mitigation bank, an applicant shall submit the
				following to the Department:
1. Information
				on the location, size, and environmental characteristics of the proposed
				mitigation bank site;
2.
				Information on previous uses of the site, including possible
				contamination;
3. The proposed
				mitigation alternatives being considered, such as creation, restoration, and/or
				enhancement;
4. Whether the credits
				generated by the bank will be used solely by the mitigation bank operator, or
				will be available for use by others;
5. Maps, photographs, diagrams, delineations,
				and/or other visual materials necessary for the Department to generally
				evaluate the proposed mitigation bank;
6. The names and addresses of all current
				owners of the mitigation bank site, and any prospective owners, as of the date
				the request for conceptual review is submitted; and
7. Consent from the owner of the proposed
				mitigation bank site, allowing Department representatives to enter the property
				in a reasonable manner and at reasonable times to inspect the site.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 14 - CONSERVATION RESTRICTIONS › Section 7:13-14.1 - Conservation restriction form and recording requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any
				conservation restriction required under this chapter shall conform with the New
				Jersey Conservation Restriction and Historic Preservation Restriction Act,
13:8B-1
et seq., and
				shall:
1. Run with the land and be binding,
				in perpetuity, upon the land owner and successors in interest to any interest
				in the land or any part of the land covered by the mitigation area;
2. Be recorded in accordance with the New
				Jersey Recording Act,
46:15-1.1
et
				seq., in the chain of title for all properties affected by the restriction;
				and
3. Be in the form and include
				such terms as specified and approved by the Department. The applicant shall not
				alter the form except in consultation with the Department and only when the
				Department agrees that an alteration is necessary to address site-specific
				conditions. Form conservation restrictions are available from the Department's
				website at the address set forth at
7:13-1.3
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 14 - CONSERVATION RESTRICTIONS › Section 7:13-14.2 - Reservation of rights

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The property
				owner or grantor may request approval from the Department to undertake a de
				minimis modification of the area subject to a conservation restriction recorded
				in accordance with this subchapter. The Department shall approve the
				modification if it determines that the modification will result in an
				equivalent level of protection of the regulated resource; or the modification
				will result in an equivalent area of resource protection and will not
				compromise the original protected resource.
(b) The property owner or grantor may reserve
				the right to abandon the project. At any time prior to the start of any site
				disturbance, including pre-construction earth movement, removal of vegetation
				or structures, or construction of the project, the property owner or grantor
				may inform the Department in writing that it is abandoning the project and
				request that the Department void the permit. Upon confirmation that no site
				disturbance, including pre-construction earth movement, removal of vegetation
				or structures, or construction of the project, has occurred, the Department
				shall provide to the permittee or grantor an executed release of the
				conservation restriction, which the permittee or grantor may then
				record.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 14 - CONSERVATION RESTRICTIONS › Section 7:13-14.3 - Termination of an approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				are causes for the Department to terminate an approval which has been suspended
				under 7:13-14.2:
1. The permittee has not ceased all regulated
				activities pursuant to
				7:13-14.2(b)2;
2. The permittee has not submitted a
				remediation plan pursuant to
				7:13-14.2(c);
3. The Department has determined that the
				remediation plan submitted pursuant to
				7:13-14.2(c)  is
				inadequate to achieve compliance; or
4. The permittee fails to remedy
				non-compliance with a condition of the approval.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 15 - HARDSHIP EXCEPTION FOR AN INDIVIDUAL PERMIT › Section 7:13-15.1 - Hardship exception for an individual permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department shall issue an individual permit for a project or regulated activity
				that does not comply with one or more of the requirements at N.J.A.C. 7:13-11
				and 12 only if:
1. One or more of the
				requirements at (b) below are satisfied; and
2. All of the requirements at (c) below are
				satisfied.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 15 - HARDSHIP EXCEPTION FOR AN INDIVIDUAL PERMIT › Section 7:13-15.2 - Pre-application conference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				pre-application conference is a meeting between the Department and a
				prospective applicant to discuss the applicant's project. An applicant may
				request a pre-application conference for any project. A pre-application
				conference is highly recommended for large and/or complicated projects as it
				enables the Department to inform an applicant of the application procedures and
				standards that will apply to the project. There is no fee for a pre-application
				conference.
(b) A pre-application
				conference can be requested by telephone, electronic mail or by writing to the
				address listed at
				7:13-1.1(f). Such
				a request shall be directed to the engineering supervisor or review engineer
				responsible for the county wherein the project is located and shall include a
				description of the project.
(c)
				Prior to scheduling a pre-application conference, the Department shall require
				the applicant to submit a set of drawings depicting the proposed development
				and an application report, as described at
				7:13-15.3, if the Department
				determines that such information is necessary to properly advise the applicant
				regarding the proposed project and application procedures. The information
				contained in an application report enables the Department to be better prepared
				for a pre-application conference, which often saves the applicant and the
				Department both time and effort.
(d) At a pre-application conference,
				Department staff will discuss various requirements of this chapter as they
				relate to a project and may offer guidance to assist the applicant. However, no
				discussion or guidance offered at a pre-application conference shall compel the
				Department to approve or deny an application.
(e) If a project requires approvals from
				multiple Department programs, the applicant is advised to contact the Office of
				Pollution Prevention and Right to Know at (609) 292-3600 before filing an
				application under this chapter. The Office of Pollution Prevention and Permit
				Coordination can help the applicant coordinate the various
				applications.
(f) If an applicant
				has reason to believe that construction is proposed in freshwater wetlands or
				transition areas, the Department encourages the applicant to obtain a
				freshwater wetlands letter of interpretation under the Freshwater Wetlands
				Protection Act rules at N.J.A.C. 7:7A-8 prior to the pre-application
				conference.
(g) Workload
				permitting, the Department shall hold a pre-application conference within three
				weeks of receiving a request that complies with this section. The Department is
				not obligated to hold a pre-application conference with a prospective applicant
				if the Department determines that the questions raised can be adequately
				addressed by telephone.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 15 - HARDSHIP EXCEPTION FOR AN INDIVIDUAL PERMIT › Section 7:13-15.3 - Application report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An application
				report required under this chapter shall include the following (photocopies of
				maps and documents are acceptable, except for the LURP application form, which
				must include original signatures):
1. A
				complete written description of the project and all proposed
				activities;
2. One original LURP
				application form, completed as described at
				7:13-15.1(f);
3. One copy of a USGS quad map with the site
				clearly outlined to scale;
4. One
				copy of a municipal tax map with the site clearly outlined to scale;
5. One copy of a Department flood hazard area
				map or FEMA flood insurance rate map with the site clearly outlined to scale,
				if such mapping exists;
6. One copy
				of each previous approval received from the Department concerning the site, if
				such approvals exist; and
7. One
				set of color photographs depicting the entire project area, mounted on 8
				1/2-inch by 11-inch paper and accompanied by a map showing the location and
				direction from which each photograph was taken. Copies of photographs are
				acceptable provided they are color copies. Black and white copies of
				photographs are not acceptable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 15 - HARDSHIP EXCEPTION FOR AN INDIVIDUAL PERMIT › Section 7:13-15.4 - Engineering report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An engineering
				report required under this chapter shall include the following, as applicable:
1. The signature and seal of an
				engineer;
2. The name, mailing
				address and telephone number of the engineer, as well as any other person
				designated by the engineer to answer questions about the report;
3. All supporting hydrologic, hydraulic,
				flood storage volume, stormwater and structural calculations, which are
				necessary to demonstrate that the proposed application meets the requirements
				of this chapter;
4. A narrative
				that explains the submitted calculations and describes why each particular
				calculation or methodology was used;
5. All maps, references and other supporting
				materials that were used to prepare the submitted calculations;
6. In the case of a verification application,
				all flood maps, drainage area maps and other material used to determine the
				flood hazard area and/or floodway limits;
7. In the case of an individual permit
				application, the total area of impervious surface proposed and the total land
				area that will be disturbed; and
8.
				In the case of an individual permit application for which stormwater management
				is required pursuant to
				7:13-11.2, the following
				information where applicable:
i. An
				explanation of how nonstructural stormwater management strategies have been
				maximized on site, as required at
				7:8-5.3;
ii. A demonstration of how the project meets
				the groundwater recharge standards at
				7:8-5.4(a)2;
iii. A table which compares existing and
				proposed stormwater discharges for the two-year, 10-year and 100-year storm in
				order to demonstrate compliance with the runoff quantity standards at
				7:8-5.4(a)3;
				and
iv. An explanation of how the
				project meets the water quality standards at
				7:8-5.5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 15 - HARDSHIP EXCEPTION FOR AN INDIVIDUAL PERMIT › Section 7:13-15.5 - Environmental report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An
				environmental report required under this chapter shall include the following,
				as applicable:
1. A narrative that describes
				the proposed design and the construction techniques that will be
				used;
2. Maps (such as freshwater
				wetlands maps and USDA soil surveys) which provide an environmental inventory
				of the site; and
3. An analysis of
				any potential adverse impacts to the following resources and a detailed
				description of how potential adverse impacts shall be minimized. This analysis
				shall include all temporary and permanent adverse impacts of each proposed
				activity, whether onsite or offsite, as follows:
i. Channels: compliance with the requirements
				of 7:13-10.1, as well as any
				anticipated effects on the size, shape and characteristics of existing
				channels, including low-flow aquatic passage, shall be addressed;
ii. Riparian zones: compliance with the
				requirements of
				7:13-10.2 shall be
				addressed;
iii. Fishery resources:
				compliance with the requirements of 7:13-10.5 shall be addressed.
iv. Threatened or endangered species: if a
				survey for threatened or endangered species is required under 7:13-10.6(e), it
				shall meet the requirements of (c) below; and
v. Regulated waters: the effects on water
				quality due to stormwater runoff, exposure of acid producing soils, and
				potential for erosion and turbidity shall be addressed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 16 - EMERGENCY AUTHORIZATIONS › Section 7:13-16.1 - Standard for issuance of an emergency authorization

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department shall issue an emergency authorization only if the person seeking
				such authorization demonstrates that a threat to life, severe loss of property,
				or environmental degradation exists or is imminent, and the threat, severe
				loss, or degradation:
1. Can only be
				prevented or ameliorated through undertaking a regulated activity;
				and
2. Is likely to occur, persist,
				or be exacerbated before the Department can issue an authorization under a
				general permit or an individual permit for the preventive or ameliorative
				activity.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 16 - EMERGENCY AUTHORIZATIONS › Section 7:13-16.2 - Procedure to request an emergency authorization

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				person requesting an emergency authorization shall provide the Department with
				the following information by telephone and, in addition, by fax, electronic
				mail, or letter, unless the nature of the emergency is so immediate that only
				telephone notice is feasible:
1. The name,
				address, and contact information for the owner(s) of the property upon which
				the regulated activity will be conducted and for the owner(s) of any other
				properties affected by the proposed regulated activity;
2. A demonstration that the property owner(s)
				has given permission for the proposed regulated activity or, in the case of a
				public entity proposing activities on private property through power of eminent
				domain, a written statement of the public entity's intention to conduct the
				regulated activity;
3. The street
				address, lot, block, municipality, and county of the property upon which the
				regulated activity is proposed;
4.
				The nature and cause of the threat to life, severe loss of property, or
				environmental degradation, including the condition of existing structures, the
				vulnerability of people and/or property, and the threat to the
				environment;
5. The date and time
				at which the person requesting the emergency authorization learned of the
				threat to life, severe loss of property, or environmental
				degradation;
6. The nature and
				extent of the proposed regulated activity;
7. The proposed start and completion dates
				for the proposed regulated activity;
8. Photographs of the area where the
				regulated activity will be conducted;
9. If possible, a site plan showing the
				proposed regulated activity and anticipated impacts of the proposed activity to
				flood hazard areas and riparian zones; and
10. Any other information necessary for the
				Department to ensure compliance with the requirements of this
				chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 16 - EMERGENCY AUTHORIZATIONS › Section 7:13-16.3 - Issuance of emergency authorization; conditions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department shall issue or deny an emergency authorization within 15 calendar
				days after receiving a request that meets the requirements of
7:13-16.2
. The Director
				of the Division of Land Use Regulation, or the Director's designee, shall
				provide this decision to the person who requested the emergency authorization
				verbally and, if the decision is to issue the emergency authorization, shall
				provide written confirmation within five working days thereafter.
(b) Within 20 calendar days after the verbal
				decision to issue an emergency authorization, the Department shall publish
				notice of the emergency authorization in the DEP Bulletin.
(c) The Department's written confirmation of
				its decision to issue the emergency authorization shall include:
1. A full description of the activities
				authorized under the emergency authorization;
2. The timeframes within which the regulated
				activities authorized under the emergency authorization must be commenced and
				conducted as set forth in (d) below;
3. A requirement that the person conducting
				the regulated activities authorized under the emergency authorization provide
				regular updates of progress at the site;
4. Any limits or other criteria necessary to
				ensure compliance to the maximum extent practicable with all requirements of
				this chapter; and
5. A requirement
				to provide mitigation for impacts to riparian zones in accordance with N.J.A.C.
				7:13-13, as appropriate.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 16 - EMERGENCY AUTHORIZATIONS › Section 7:13-16.4 - Documenting public notice of an application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For
				applications that require public notice under this subchapter, the following
				shall be submitted to the Department to demonstrate that public notice was
				provided:
1. The original certified U.S.
				Postal Service receipt for each public notice that was mailed, mounted on 8
				1/2-inch by 11-inch paper. All certified mail shall be sent with return
				receipts requested. An applicant shall submit either the white postal receipt
				or the green return receipt card with an application. However, the green cards,
				if not sent with the application, shall be sent collectively to the Department
				once they are received from the post office by the applicant;
2. A list of the persons to whom public
				notice was mailed, as follows:
i. A certified
				list of all property owners within 200 feet of the site (including name,
				mailing address, lot and block) prepared by the municipal government for each
				municipality in which the project is located; and
ii. The mailing address of each public entity
				notified; and
3. A copy
				of any newspaper notice provided under
				7:13-16.5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 16 - EMERGENCY AUTHORIZATIONS › Section 7:13-16.5 - Newspaper notice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Newspaper
				notice required for an application under this chapter shall consist of either a
				legal notice or a display add (at the applicant's discretion) published in the
				official newspaper of the municipality (or in a newspaper of general
				circulation in the municipality if there is no official newspaper) as well as
				in one newspaper of regional circulation (relative to the location of the
				project). The newspaper notice shall include:
1. The mailing address and telephone number
				of the Department, as listed at
				7:13-1.1(f);
2. The name and mailing address of the
				applicant;
3. The type of approval
				sought from the Department and a description of any proposed activities on
				site; and
4. The location of the
				site, including a street address, the name of any regulated water within or
				adjacent to the site, and a list of each lot, block, municipality and county
				involved in the project.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 16 - EMERGENCY AUTHORIZATIONS › Section 7:13-16.6 - Contents of public notice of an application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except for the
				newspaper notice provided under
				7:13-16.5, public notice required
				under this subchapter shall include the following:
1. A copy of the completed LURP application
				form that was submitted to the Department for the application;
2. A cover letter as follows:
i. For an application for a verification, the
				letter set forth at (c) below;
ii.
				For an application for an individual permit, the letter set forth at (d) below;
				and
iii. For a joint verification
				and individual permit application, the letter set forth at (e) below;
				and
3. If an application
				includes a request for a hardship exception under
				7:13-9.8, the letter required under
				(a)2 above shall also include the following:
i. A statement that a hardship exception is
				being requested;
ii. The nature of
				the hardship; and
iii. The citation
				and subject matter of each requirement in this chapter for which the hardship
				exception is being requested.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 17 - PRE-APPLICATION CONFERENCES › Section 7:13-17.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A pre-application conference is a meeting
				between the Department and a prospective applicant to discuss the applicant's
				project and the application procedures and standards that will apply to the
				project. A prospective applicant may request a pre-application conference for
				any project. In the appropriate case, the Department may determine that the
				questions raised by a prospective applicant can be adequately addressed by
				telephone or in writing.
(b) A
				pre-application conference is not mandatory, but is recommended for large
				and/or complicated projects.
(c)
				Discussion or guidance offered by the Department at a pre-application
				conference shall not constitute a commitment by the Department to approve or
				deny an application.
(d) There is
				no fee for a pre-application conference.
(e) Where the prospective applicant's project
				will require approvals from several Department programs, the applicant is
				encouraged to contact the Department's Office of Permit Coordination and
				Environmental Review at (609) 292-3600 for assistance in coordinating the
				various applications.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 17 - PRE-APPLICATION CONFERENCES › Section 7:13-17.2 - Request for a pre-application conference; scheduling; information required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				provided at (b) below, a request for a pre-application conference shall be
				directed by electronic mail to LURTechSupport@dep.nj.gov, or by writing to the
				address set forth at
				N.J.A.C.
				7:13-1.3 to the attention of "Supervisor,
				(county in which the proposed project is located)."
(b) A request for a pre-application
				conference for a dredging or dredged material management project shall be
				directed to Supervisor, Office of Dredging and Sediment Technology, Site
				Remediation Program, NJ Department of Environmental Protection, P.O. Box 420,
				Mail Code 401-06C, 401 East State Street, 6th Floor, Trenton, NJ 08625
				(Telephone: (609) 633-6801).
(c) A
				request for a pre-application conference for any project shall include the
				following:
1. A written description of the
				site and the proposed development including the dimensions, number, and uses of
				proposed structures;
2. Site plans
				or conceptual designs depicting the proposed development, if
				available;
3. The street address,
				lot, block, municipality, and county of the property upon which the regulated
				activity is proposed; and
4. A copy
				of any letter of interpretation pursuant to the Freshwater Wetlands Protection
				Act rules,
N.J.A.C. 7:7A
, or any flood hazard area
				verification pursuant to N.J.A.C. 7:13-5, that the Department has issued for
				the site. If neither a letter of interpretation nor a flood hazard area
				verification has been issued, the prospective applicant shall provide the
				general location of freshwater wetlands, freshwater wetland transition areas,
				State open waters, flood hazard areas, and/or riparian zones.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 18 - APPLICATION REQUIREMENTS › Section 7:13-18.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter sets forth the
				application requirements for:
1. A
				verification;
2. An authorization
				under a general permit-by-certification;
3. An authorization under a general permit,
				except for general permit 1 (see
7:13-9.1
); and
4. An individual permit.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 18 - APPLICATION REQUIREMENTS › Section 7:13-18.2 - General application requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department provides a checklist for
				each type of application submitted under this subchapter. The checklist
				identifies all of the submissions required under the rules to be part of an
				application, and also the appropriate level of detail and the format of the
				information to be submitted for each type of application. For example, where
				the rules require, as part of an application, the submittal of photographs
				showing certain types of information, the corresponding checklist will
				indicate, based on the type of development the particular permit covers, the
				number and orientation of photographs of the location of the proposed
				development. Where the rules require the submittal of a site plan, the
				corresponding checklist will indicate, based on the type of development the
				particular permit covers, the scale and details of the information to be
				illustrated on the plan. Checklists can be downloaded from the Department's
				website at
http://www.nj.gov/dep/landuse
or
				obtained by contacting the Department at the address set forth at
				N.J.A.C.
				7:13-1.3.
(b) The level of detail and documentation
				required for an application shall be commensurate with the size and impact of
				the proposed regulated activity or project, its proximity to environmentally
				sensitive areas, and its potential for impacts to the environment and flooding.
				The Department shall, upon request, provide an applicant with guidance
				regarding the appropriate level of detail for an application based on the
				activity the applicant proposes to undertake.
(c) The following persons may submit an
				application under this subchapter:
1. The
				owner(s) of a site on which an activity is proposed or conducted, or which is
				the subject of the verification;
2.
				An agent designated by the owner(s) of a site to obtain or operate under a
				verification, an authorization under a general permit or general
				permit-by-certification, or an individual permit on behalf of the
				owner(s);
3. A public entity
				proposing an activity within a right-of-way or easement that is held or
				controlled by that entity or that will be appropriated by that entity under the
				power of eminent domain; or
4. A
				person that has the legal authority to perform the activities proposed in the
				application on the site, and to carry out all requirements of this
				chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 18 - APPLICATION REQUIREMENTS › Section 7:13-18.3 - Additional application requirements for an authorization under a general permit-by-certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An application for authorization under a
				general permit-by-certification shall be submitted electronically through the
				Department's online system at
http://www.nj.gov/dep/online.
(b) In addition to meeting the requirements
				at N.J.A.C. 7:13-18.2, the applicant
				is required to provide the following in the online application for a general
				permit-by-certification:
1. The number (and
				subject matter) of the general permit-by-certification under which the
				application for authorization is being submitted;
2. The name of or other identifier for the
				proposed regulated activity or project;
3. The location of the proposed regulated
				activity or project, including address, city, state, zip code, municipality,
				State plane coordinates, lot, and block, as necessary;
4. Information specific to the proposed
				project related to the requirements of the general permit-by-certification
				under which the application is being submitted, such as, for example, the area
				of proposed disturbance to riparian zone vegetation under general
				permit-by-certification 2 (see
7:13-8.2
);
5. Contact information for both the applicant
				and the property owner, including: name, address, telephone number, e-mail
				address, municipality, county, organization, and organization type;
6. A certification, as set forth in
				N.J.A.C.
				7:13-18.2(j), as to each of
				the following:
i. That the site identified in
				the application is the actual location of the project site;
ii. That public notice of the application has
				been provided in accordance with N.J.A.C. 7:13-19;
iii. That the applicant has obtained written
				consent from the property owner that the application can be made on the
				property owner's behalf. This certification is required regardless of whether
				the applicant and property owner are the same person; and
iv. That conditions specific to the general
				permit-by-certification under which the application for authorization is being
				submitted are or will be met. For example, an applicant for authorization under
				general permit-by-certification 6 must certify that the proposed building being
				reconstructed is not located within a floodway;
7. To accomplish the certification at (b)6
				above, the PIN that was issued to the applicant upon registering with the
				Department's online system; and
8.
				The application fee for a general permit-by-certification set forth at N.J.A.C.
				7:13-20.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 18 - APPLICATION REQUIREMENTS › Section 7:13-18.4 - Additional application requirements for an authorization under a general permit or for an individual permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				An application for authorization under a general permit or for an individual
				permit shall be submitted electronically through the Department's online system
				at
http://nj.gov/dep/online
,
				including all application information and supporting documentation.
(b) In addition to meeting the requirements
				at N.J.A.C. 7:13-18.2, the applicant
				is required to provide the following in the online application for a general
				permit or individual permit:
1. The number
				and subject matter of the general permit or individual permit under which the
				application is being submitted;
2.
				The name of or other identifier for the proposed regulated activity or
				project;
3. The location of the
				proposed regulated activity or project, including address, city, state, zip
				code, municipality, State plane coordinates, watershed information, lot, and
				block, as necessary;
4. Information
				specific to the proposed project related to the requirements of the
				authorization or permit under which the application is being
				submitted;
5. Contact information
				for the applicant, the property owner, any designated agent(s), and the
				municipal clerk for each municipality in which the project is located,
				including: name, address, telephone number, email address, municipality,
				county, organization, and organization type;
6. The PIN that was issued to the applicant
				upon registering with the Department's online system; and
7. The appropriate application fee set forth
				at N.J.A.C. 7:13-20.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 18 - APPLICATION REQUIREMENTS › Section 7:13-18.5 - Additional application requirements for a verification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applications for verifications submitted
				concurrently with any of the following application types shall be submitted
				electronically through the Department's online system at
http://nj.gov/dep/online
,
				including all application information and supporting documentation, and shall
				be subject to the application requirements at
				N.J.A.C.
				7:13-18.4(b) and (c):
1. A general permit authorization under this
				chapter, the Coastal Zone Management Rules, N.J.A.C. 7:7, or the Freshwater
				Wetlands Protection Act Rules, N.J.A.C. 7:7A;
2. An individual permit under this chapter,
				the Coastal Zone Management Rules, N.J.A.C. 7:7, or the Freshwater Wetlands
				Protection Act Rules, N.J.A.C. 7:7A; or
3. A transition area waiver under the
				Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7A.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 18 - APPLICATION REQUIREMENTS › Section 7:13-18.6 - Compliance statement requirement for an application for authorization under a general permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition
				to the requirements at
				N.J.A.C.
				7:13-18.2 and 18.4, an application for
				authorization under a general permit shall include a compliance statement. The
				compliance statement is a narrative, which shall:
1. Demonstrate that the proposed regulated
				activity or project satisfies the requirements of the applicable general
				permit;
2. Demonstrate that the
				proposed regulated activity or project satisfies the requirements at
				N.J.A.C.
				7:13-6.7; and
3. Describe the characteristics of the site
				and the location of all proposed regulated activities, potential impacts from
				the construction process, and, as applicable, the operation of the regulated
				activities after completion and any monitoring or reporting methods that will
				be used.