New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 11 - STANDARDS FOR CONDUCTING AND REPORTING THE RESULTS OF AN ENDANGERED OR THREATENED WILDLIFE OR PLANT SPECIES HABITAT IMPACT ASSESSMENT AND/OR ENDANGERED OR THREATENED WILDLIFE SPECIES HABITAT EVALUATION › Section 7:7-11.2 - Standards for conducting endangered or threatened wildlife or plant species habitat impact assessment

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Applicants who choose not to dispute the Department designation of the site as
				endangered or threatened wildlife species habitat shall demonstrate compliance
				with 7:7-9.36(b)  by
				providing information required at this section and
				7:7-11.4. The required information
				shall demonstrate that the proposed development will not negatively affect the
				population(s) or habitat of endangered or threatened wildlife species that
				resulted in identification of the site, or an area abutting the site, as
				endangered or threatened wildlife species habitat in accordance with
				7:7-9.36(a) 
				and/or (d).
(b) If an endangered or
				threatened plant species has been documented to be on the site or a portion of
				the site or an area abutting the site, applicants shall demonstrate compliance
				with 7:7-9.36(b)  by
				providing information required at this section and
				7:7-11.4. The required information
				shall demonstrate that the proposed development will not negatively affect the
				population(s) or habitat of endangered or threatened plant species documented
				to be on the site or a portion of the site or on an area abutting the
				site.
(c) Impact assessments shall
				be conducted for each endangered or threatened wildlife or plant species
				described in (a) and/or (b) above. The impact assessment shall consider the
				likely effects of the proposed development on the local populations of the
				particular species on or abutting the site. The impacts shall be assessed using
				accepted ecological principles and scientific literature on each species and
				both direct and indirect impacts of the proposed development shall be
				considered. This assessment shall be based on habitat requirements and life
				history of each species, and the manner in which the proposed development may
				alter habitat, including, but not limited to, vegetation, soils, substrate,
				bathymetry, salinity, hydrology, wildlife movement corridors, human
				disturbance, and effects on competitor, parasite, or predator
				species.
(d) Rationale: When an
				applicant proposes a regulated activity on a site that contains or abuts areas
				mapped as endangered or threatened wildlife species habitat on the Landscape
				Maps, or in an area that otherwise meets the definition of endangered or
				threatened wildlife or plant species habitat as set forth in
N.J.A.C.
				7:7-9.26(a)
, the
				applicant must demonstrate that the proposed activity will comply with
N.J.AC.
				N.J.A.C.
				7:7-9.36
, Endangered or threatened
				wildlife or plant species habitat. An impact assessment is prepared in cases
				where the applicant does not dispute the Department's designation of the site
				as endangered or threatened wildlife or plant species habitat. Scientific
				evidence must be provided to demonstrate that the proposed development would
				not negatively impact the population(s) of each endangered or threatened
				wildlife and/or plant species documented on the site. Direct and indirect
				impacts must be considered in order to ensure compliance with
N.J.A.C.
				7:7-9.36
.