New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 13 - RIPARIAN ZONE MITIGATION › Section 7:13-13.7 - Basic requirements for mitigation proposals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A mitigation proposal 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 creation,
				restoration, enhancement, and/or preservation of riparian zones is set forth at
				(f) and (g) below and is summarized in the appropriate mitigation proposal
				checklist, available from the Department at the address set forth at
7:13-1.3
.
(e) A mitigation proposal for the purchase of
				bank credits shall consist of a description of the type and quantity of
				riparian zone disturbance for which mitigation is being proposed, a copy of the
				permit (if issued) authorizing the disturbance being mitigated, and
				identification of the mitigation bank from which appropriate credits will be
				purchased.
(f) The following
				information, which is reflected on the mitigation proposal checklists
				referenced in (d) above, shall be submitted to the Department as part of the
				request for approval of the mitigation proposal:
1. Basic information regarding the applicant,
				the disturbance for which the mitigation is intended to mitigate, and a copy of
				the permit (if issued) or enforcement document that is the source of the
				mitigation requirement;
2. The
				following material sufficient to explain and illustrate the existing and
				proposed conditions at the mitigation site, including:
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; 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 and the type and quantity of proposed
				mitigation for each resource;
4.
				Schedules describing in detail the sequence of mitigation activities and
				estimated dates for completion for each mitigation activity;
5. For creation and restoration projects, a
				preliminary characterization and assessment of the site in accordance with
				N.J.A.C.
				7:13-13.5(h)  to enable the
				Department to determine if contamination is present and if the proposed
				mitigation activities pose an ecological risk;
6. A description of post-construction
				activities, including schedules for monitoring, maintenance and
				reporting;
7. Contingency measures
				that will be followed if the mitigation project fails or shows indications of
				failing;
8. Information regarding
				the presence or absence of endangered and/or threatened species wildlife and
				plant species habitat;
9. Any
				letters, contracts, agreements, easements, conservation restrictions, or other
				draft or executed documents necessary to ensure compliance with this
				chapter;
10. A certification of
				truth and accuracy in accordance with
				N.J.A.C.
				7:13-18.2(j); and
11. 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.