N.J. Admin. Code § 7:13-18.8

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:13-18.8 - Environmental report requirement for an application for an individual permit

(a) In addition to meeting the requirements at N.J.A.C. 7:13-18.2, 18.4, and 18.7, an application for an individual permit shall include an environmental report. The environmental report shall include:

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) that provide an environmental inventory of the site; and

3. An analysis of any potential temporary and/or permanent adverse environmental impact(s), whether onsite or offsite, of the proposed regulated activity or project on regulated waters, channels, riparian zones, fishery resources, and threatened or endangered species and their habitat. The analysis shall include:

i. A justification for the proposed regulated activity or project, including an explanation of why any proposed regulated activity or project and its location is the most appropriate for the site, and how the proposed location and design minimizes adverse environmental impact(s) to the resources identified in (a)3 above;

ii. An analysis of alternatives to the proposed regulated activity or project, including a no-build alternative;

iii. A description of all measures to be taken to reduce any potential adverse environmental impact(s) to the resources listed at (a)3 above;

iv. A plan to mitigate the effects of all adverse environmental impacts; and

v. Any monitoring or reporting methods that will be used.

(b) Where a survey for threatened or endangered species and their habitat under N.J.A.C. 7:13-11.6(e) is required, the survey shall be performed by a person with education and experience in wildlife biology, zoology, and/or botany, as appropriate, and shall include:

1. The name, 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 threatened or endangered species and their 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 threatened or endangered 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 observer 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 a wildlife 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 § 7:13-18.8

Amended and recodified from 7:13-18.6 by 53 N.J.R. 514(b), effective 4/5/2021