A to Z | Departments/Agencies | FAQs, DEP Home | About DEP | Index by Topic | Programs/Units | DEP Online, Freshwater Wetlands Protection Act Rules 2D grants permission to fill a manmade regulated water located on land that is actively farmed in connection with a Freshwater Wetlands restoration project. 7:9B. "Degraded wetland" means a wetland in which there is impaired surface water flow or groundwater hydrology, or excessive drainage; a wetland which has been partially filled or excavated, contaminated with hazardous substances, or which has an ecological value substantially less than that of undisturbed wetlands in the region. This term also includes an area which is the subject of an application for a letter of interpretation or which is the location of a proposed mitigation bank. Is free of reproducing fish populations throughout the year, or dries up at some time during a normal rainfall year. USEPA shall conduct a public hearing if requested by the Department, or if warranted by significant public interest based on requests received. "Developable upland" means an upland area that could be developed under the laws that apply to the site. Diane Dow Director, New Jersey Department of Environmental Protection, Division of Land Use Regulation Greater New York City Area 164 connections New Jersey Department of Environmental Protection. ; or. 1251 et seq. "Water quality certificate" means a Department determination issued for a proposed activity which requires a Federal license or permit, pursuant to 33 U.S.C. Most intermittent streams are shown on Soil Conservation Service county soil surveys. This does not include channelized or redirected natural water courses. The HUC 11 data is entitled "subwatersheds." Plowing will never involve a discharge of material. "Open water fill permit" means the type of New Jersey Pollution Discharge Elimination System permit issued pursuant to this chapter and N.J.S.A. "Part of a surface water tributary system" means connected to a surface water that discharges into a lake, pond, river, stream or other surface water feature. Evidence of past use by a species may include, but is not limited to, sightings of the species, or of its sign (for example, skin, scat, shell, track, nest, herbarium records, etc. Such a permit shall satisfy only the requirements of the New Jersey Freshwater Wetlands Protection Act and the permit shall not constitute a 404 permit. USEPA shall notify the Department of this decision. "Best Management Practices" or "BMPs" means methods, measures, designs, performance standards, maintenance procedures, and other management practices which prevent or reduce adverse impacts upon or pollution of freshwater wetlands, State open waters, and adjacent aquatic habitats, which facilitate compliance with the Federal Section 404(b)(1) guidelines (40 C.F.R. Continuing Education Credits ; Toxic substances as defined by Section 3 of the Toxic Substances Control Act, 15 U.S.C. 7:7A-1.4: (m) In order to demonstrate due diligence in identifying historic sites that may be affected by a wetlands permit application, as well as provide the Department with information regarding sites with historic or potentially historic resources, the applicant shall submit with each permit application: (n) Applicants who are or will be pursuing Federal financial assistance, permits, licenses, or other approvals for the project that is the subject of the freshwater wetlands permit application, shall supply a copy of the consultation comments provided by the Department's Historic Preservation Office (HPO) in its role as staff to the Federally designated State Historic Preservation Officer (SHPO) under Section 106 of the National Historic Preservation Act (16 U.S.C. "Tidal waters" means fresh or saline waters under tidal influence, up to the head of the tide. : 0905-05-0004.1 ACTIVITY NO. "Dumping" means the discharge, placement or abandonment of solid, semi-solid or liquid materials. For fauna, areas which serve an essential role in maintaining wildlife, particularly for wintering, breeding, spawning and migrating activities; For flora, areas supporting rare or unique plant species or uncommon vegetational communities in New Jersey. 7:7A-7. (i)   The Department shall take one of the following actions within the applicable deadline in (g) or (h) above: (j)   No Federal 404 permit shall be issued by the Department in the following circumstances, although the Department may issue a State freshwater wetlands permit that does not constitute a Federal 404 permit: (k) The Department shall submit an application to the U.S. 7:9B. 7:13; the Department's Storm Water Management Regulations, N.J.A.C. “HUC 11” indicates a larger subwatershed that is composed of several HUC 14 subwatersheds. online A to Z | Departments/Agencies | FAQs, DEP Home | About DEP | Index by Topic | Programs/Units | DEP Online. 7:9B-1.5(d), for protection from measurable changes in water quality characteristics because of their clarity, color, scenic setting, other characteristics of aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, or exceptional fisheries resource(s). "State open waters" means all waters of the State as defined in this section, including waters of the United States as defined in this section, but excluding ground water as defined at N.J.A.C. If USEPA does not hold a public hearing, the Department shall have 90 days after receiving USEPA's original objection or requirement for a permit condition to take either of the actions at (i)1 or 2 below. General Permits. August 26, 2019, Services A to Z | departments | search, Copyright © State of New Jersey, 1996-2018 dep | index The following shall constitute evidence of breeding by such a species: One or more obligate species listed in Appendix 1, or evidence of such a species, is found in or immediately adjacent to the area of ponded water; or. Stormwater management facilities created in uplands. DEP, Privacy An authorization issued under a general permit satisfies the requirement for a freshwater wetlands permit, open water fill permit, and/or transition area waiver, as applicable. “Fair market value” or “market value” means the most probable price for which land will sell in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by any unusual benefit to the purchaser. This term includes all waters which are subject to the ebb and flow of the tide, shoreward to their mean high water mark, including wetlands that are partially or entirely located within 1000 feet of their ordinary high water mark or mean high tide. Clear color photographs of all buildings, structures, ruins of buildings and structures, and burial grounds on the site; A key map of the site locating all photographs provided in 1. above; and. 7:4-7, for the project that is the subject of the freshwater wetlands permit application shall comply with either (o)1 or 2 below. "Waters of the State" means the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction. NJDEP Land Use Regulation Program (DLUR) -Coastal Programs Page 2 of 4 The Coastal Area Facility Review Act (CAFRA) (N.J.S.A. Waters that are not delegable waters include, but are not limited to: "EPA priority wetlands" means wetlands which are designated as priority wetlands by EPA, and are listed on the "Priority Wetlands List for the State of New Jersey," which is available from the Department's Office of Maps and Publications at the address listed at N.J.A.C. Some maintenance activities may require State permits depending on specific circumstances, such as, but not limited to, design, access, disposal methods, and methods of repair. "Natural Resources Conservation Service" or "NRCS" means the arm of the U.S. Department of Agriculture (USDA) that provides technical assistance with USDA conservation programs associated with soil, water, and other related natural resources. 58:10A-1 et seq., which governs the discharge of dredged or fill material into State open waters. "Preliminary approval" means the conferral of certain rights pursuant to N.J.S.A. 7:7A-1.3. Governor Phil Murphy • Lt.Governor Sheila Oliver, NJ The connection may be through a secondary flow channel or other feature. These areas are generally recognized as significantly influencing or positively contributing to the general overall environmental health or vitality of the entire ecosystem of a region. "Silviculture" means the art and science of controlling the establishment, growth, composition, health, and quality of forests and woodlands to meet the diverse needs and values of landowners and society on a sustainable basis. (o) Public entities that are or will be pursuing a project authorization application, pursuant to N.J.A.C. That is, applicants who obtain a wetlands permit from the State of New Jersey satisfy the Federal wetland permit requirements in most cases (NOTE: there are some parts of the State that remain under joint jurisdiction of the State and Federal government). The term "utility line" does not include a stormwater pipe, or a pipe that drains a wetland or State open water, such as a drainage tile. For informational purposes, an initial decision issued by an administrative law judge in a contested case proceeding which involves an application listed at (b)2 through 4 above. Applications reflecting any of the following characteristics shall be deemed to present a high probability of the presence of historic and archaeological resources, requiring assessment and shall require, with the wetlands permit application, the submittal of a Phase IA historical and archaeological survey, and an architectural survey, defined at N.J.A.C. §§9601 et seq. Notice | Legal "Intermittent stream" means surface water drainage channels with definite bed and banks in which there is not a permanent flow of water. §§1531 et seq., and subsequent amendments thereto. A to Z, Contact Last Updated: Log in to NJDEP Online. Fish and Wildlife Service; A discharge of dredged or fill material which has the potential for adverse impacts on the waters of a state other than New Jersey; A discharge known or suspected to contain: Toxic pollutants as identified by Section 307(a)(1) of the Federal act; Hazardous substances identified pursuant to Section 311 of the Federal act and Section 101(14) of the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. NJDEP-NJPACT – Adapting Land Use Regulations Session 1. "State Forester" means the chief forester employed by the Department. (a) Because the Department has assumed responsibility for the Federal 404 program in most freshwater wetlands and State open waters in New Jersey, the Federal Act requires that the USEPA oversee the State's administration of the program set forth in this chapter. "Federal act" means the Federal Water Pollution Control Act, 33 U.S.C. Contact "Applicant" means a person who submits an application for a permit, waiver, or any other Department decision pursuant to N.J.A.C. Fish and Wildlife Service, and the U.S. Department of Agriculture's Natural Resources Conservation Service (formerly the Soil Conservation Service), as amended and/or supplemented, which Manual is incorporated herein by reference. Statement. "Palustrine emergent" means a wetlands vegetation pattern in which persistent and nonpersistent grasses, rushes, sedges, forbs and other herbaceous or grass-like plants are the dominant vegetation. Statement | Accessibility online 330.6, 40 C.F.R. When the Regional Administrator has objected to issuance of the permit and the objection has not been resolved; When the proposed discharges would be in an area which has been prohibited, withdrawn, or denied as a disposal site by the USEPA under Section 404(c) of the Federal Act, or when the discharge would fail to comply with a restriction imposed thereunder; or. "FW1 waters" means waters designated as FW1 waters in the Department's Surface Water Quality Standards, N.J.A.C. 7:9B, for use by trout for spawning or nursery purposes during their first summer. "USEPA" or "EPA" means the United States Environmental Protection Agency. 2:90; and effluent limitations or prohibitions under Section 307(a) of the Federal Act and the Department's Surface Water Quality Standards, N.J.A.C. "1989 Federal Manual" means the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, published in 1989 by the EPA, U.S. Army Corps of Engineers, U.S. "Vernal habitat" means a wetland as identified at N.J.A.C. §§1251 et seq., including any amendments and supplements, and implementing regulations. 7:7A-2.8(f) based on the application for or the grant of a preliminary site plan approval: All buildings, structures, pavements, and other improvements specifically depicted on the site plans referenced in the resolution approving the site plan; and. 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