New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 5 - GENERAL PROVISIONS FOR GENERAL PERMITS-BY-CERTIFICATION AND GENERAL PERMITS › Section 7:7A-5.4 - Use of more than one general permit or general permit-by- certification on a single site

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person may undertake more than one
				regulated activity on a single site. The activities may be authorized under one
				or more general permits-by-certification and/or general permits, provided:
1. The individual limits of each general
				permit-by-certification and/or general permit are complied with. If activities
				under one general permit-by-certification and/or general permit are conducted
				in more than one place on a site, the total disturbance caused by all
				activities at all locations onsite under that general permit-by-certification
				and/or general permit shall be summed in order to determine if the limits in
				the general permit-by-certification and/or general permit are met. For example,
				if an applicant seeks authorization for more than one outfall structure under
				general permit 11 (N.J.A.C. 7:7A-7.11 ) on a site, the impacts from all of the
				structures shall be summed and the total must be no greater than 0.25 acres,
				which is the acreage limit for that general permit (see N.J.A.C. 7:7A-7.11(c)1
				). In a second example, if an applicant proposes a minor road crossing under
				general permit 10B (N.J.A.C. 7:7A-7.10B ) and two outfall structures under
				general permit 11 on the same site, the minor road crossing cannot exceed 0.25
				acres, which is the acreage limit for that general permit (see N.J.A.C.
				7:7A-7.10B(b)2 ), and the combined impact of the two outfall structures cannot
				exceed the 0.25-acre limit for general permit 11. Other than the combination of
				general permits 6 and 6A, the Department shall not authorize the combination of
				two different general permits-by-certification or general permits, or
				combination thereof, for a single activity. For example, if an applicant seeks
				authorization for a road crossing that will have an impact of 0.60 acres, an
				individual permit will be required because the Department will not authorize
				0.25 acres under general permit 10B to be combined with 0.35 acres under
				general permit 6, which has a one-acre limit (see N.J.A.C. 7:7A-7.6(a)1 ) for a
				minor road crossing of 0.60 acres. In addition, other than the combination of
				an access transition area waiver (see
N.J.A.C.
				7:7A-8.1(a)
5), a
				transition area waiver averaging plan (see
N.J.A.C.
				7:7A-8.2
), a special activity
				transition area waiver for linear development (see
N.J.A.C.
				7:7A-8.3(e)
), or a
				special activity waiver for redevelopment (see
N.J.A.C.
				7:7A-8.3(f)
), with
				a general permit, the Department shall not authorize the combination of a
				general permit or general permit-by-certification with a transition area waiver
				for a single activity if the combined effect of the transition area waiver and
				general permit authorization would be to expand the general permit activity
				beyond the limits set forth in the general permit;
2. The total combined area of wetlands, State
				open waters, and transition areas disturbed or modified on the site under
				general permits 2, 6, 6A, 7, 8, 10A, 10B, 11, 12, 13, 14, 17, 17A, 18, 19, 21,
				23, 24, and 25, and general permits-by-certification 8 and 24 does not exceed
				one acre with the exception of the following:
i. Disturbance of State open waters as part
				of a lake dredging project under general permit 13 at N.J.A.C. 7:7A-7.13.
				However, disturbance of wetlands or transition area in the lake or for access
				to the dredging project shall be counted toward the one acre limit in this
				subsection;
ii. Disturbance of
				State open waters as part of a channel or stream cleaning project under general
				permit 25 at N.J.A.C. 7:7A-7.25. However, disturbance of wetlands or transition
				area in the channel or stream or for access to the channel or stream cleaning
				project shall be counted toward the one acre limit in this
				subsection;
iii. Disturbance of a
				transition area solely for access to a general permit activity performed in a
				wetland in accordance with
N.J.A.C.
				7:7A-8.1(a)
5;
				and
iv. Disturbance authorized
				under general permit 17 on a publicly owned site or on land dedicated for
				conservation and/or recreation purposes;
3. The Department shall not authorize
				disturbance under both general permit 10A and general permit 10B for the same
				site; and
4. The Department shall
				not authorize multiple crossings of the same wetland or State open water
				unless:
i. There is no other location, design
				and/or configuration for the proposed crossing that would provide access to an
				otherwise developable lot that would reduce or eliminate the disturbance to a
				wetland or State open water; and
ii. Shared driveways are used to the maximum
				extent possible to access multiple lots.