N.J. Admin. Code § 7:13-13.7

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:13-13.7 - Basic requirements for mitigation proposals

(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.

(g) For restoration and creation mitigation projects, the following additional information shall be submitted as part of the request for approval of the mitigation proposal:

1. All calculations necessary to demonstrate that a mitigation proposal for riparian zone creation meets the requirements of this chapter;

2. Information regarding relevant features of other properties in the vicinity of the mitigation area, such as whether nearby properties are publicly owned or contain preserved open space, or significant natural resources; and

3. Cost estimates to perform the mitigation and maintain the mitigation area after construction and/or transfer is completed.

N.J. Admin. Code § 7:13-13.7

Adopted by 48 N.J.R. 1067(a), effective 6/20/2016

Amended by 49 N.J.R. 2246(a), effective 7/17/2017