N.J. Admin. Code § 7:13-7.28

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

Section 7:13-7.28 - Permit-by-rule 28-filling of an abandoned raceway

(a) Permit-by-rule 28 authorizes the filling of an abandoned raceway adjacent to a regulated water, provided the conditions at N.J.A.C. 7:13-6.7 are met and:

1. For the purposes of this permit-by-rule, a raceway is a conveyance structure that was created to divert water from a channel for the purpose of providing hydrology or hydraulic power before returning the water to the channel;

2. The raceway is blocked at one or both ends so that water from the channel is not able to flow through the raceway under normal flow conditions;

3. The raceway does not supply hydrology to an otherwise isolated freshwater wetlands complex; and

4. The raceway is filled up to, but not above, the surrounding topography and the entire disturbed area is properly graded so as not to interfere with overland drainage.

N.J. Admin. Code § 7:13-7.28

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