N.J. Admin. Code § 7:13-15.5

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

Section 7:13-15.5 - Environmental report

(a) An environmental report required under this chapter shall include the following, as applicable:

1. A narrative that describes the proposed design and the construction techniques that will be used;

2. Maps (such as freshwater wetlands maps and USDA soil surveys) which provide an environmental inventory of the site; and

3. An analysis of any potential adverse impacts to the following resources and a detailed description of how potential adverse impacts shall be minimized. This analysis shall include all temporary and permanent adverse impacts of each proposed activity, whether onsite or offsite, as follows:

i. Channels: compliance with the requirements of 7:13-10.1, as well as any anticipated effects on the size, shape and characteristics of existing channels, including low-flow aquatic passage, shall be addressed;

ii. Riparian zones: compliance with the requirements of 7:13-10.2 shall be addressed;

iii. Fishery resources: compliance with the requirements of 7:13-10.5 shall be addressed.

iv. Threatened or endangered species: if a survey for threatened or endangered species is required under 7:13-10.6(e), it shall meet the requirements of (c) below; and

v. Regulated waters: the effects on water quality due to stormwater runoff, exposure of acid producing soils, and potential for erosion and turbidity shall be addressed.

(b) If it is determined that a proposed project is likely to cause an adverse impact to any resource listed in (a)3 above, the environmental report shall include the following material, in addition to the information required at (a) above:

1. A justification for the project, including an explanation of why the proposed structures and their locations are the most appropriate for the site and how the proposed design minimizes environmental damage;

2. An analysis of alternatives to the proposed activity, including the no-build alternative;

3. A description of all measures to be taken to reduce temporary and permanent detrimental impacts to each resource listed at (a)3 above, whether onsite or offsite; and

4. A plan to mitigate the effects of all unavoidable adverse impacts.

(c) If the Department requires a survey for threatened or endangered species under 7:13-10.6(e), the survey shall be performed by a person with education and experience in wildlife biology, zoology and/or botany, as appropriate, and shall include the following:

1. The name, mailing address and qualifications of all persons participating in the survey;

2. The acreage of the surveyed area;

3. A USGS quad map with the surveyed area for each habitat outlined;

4. A description of each habitat and cover type onsite including vegetation, hydrology, soils and natural communities. These habitats shall be assessed for suitability and compatibility to the life history of the species being investigated. If no threatened or endangered species are observed, a discussion of the site's suitability for such species shall be provided;

5. The date and time of the investigation (including total number of hours spent by each individual for species observation);

6. The number of observers present on the site at any one time, including their location on the site relative to one another;

7. Site conditions during the survey, such as precipitation, temperature, wind speed and direction, artificial or natural noise, and nearest onsite or offsite human activity or development; and

8. If the survey reveals the presence or evidence of a threatened or endangered species, detailed information regarding each sighting, including:

i. Whether the subject was sighted directly or identified by call, track, scat, remains or other indirect evidence of presence;

ii. The date(s) and time(s) of each such sighting or discovery of evidence;

iii. The relative age and condition of any indirect evidence observed and its location on the property;

iv. A description of the techniques and methodologies employed by the observer during the site investigation;

v. If an animal species is observed directly, the number of each species observed, likely age, observed activity, gender, location on or near the site, and proximity to the observer at each sighting; and

vi. If a plant species is observed directly, the number of each species observed and its location on or near the site.

N.J. Admin. Code § 7:13-15.5