N.J. Admin. Code § 7:13-8.1

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

Section 7:13-8.1 - General permit-by-certification 1-removal of accumulated sediment and debris from a regulated water for agricultural purposes

(a) General permit-by-certification 1 authorizes the removal of accumulated sediment and debris from a regulated water on land that is actively farmed, provided the conditions at N.J.A.C. 7:13-6.7 are met and:

1. The activities are intended solely for agricultural purposes;

2. The activities are approved by and performed under the supervision of the USDA Natural Resource Conservation Service and/or local Soil Conservation District;

3. All machinery is situated outside the regulated water, except for handheld equipment such as hydraulic pumps. Heavy machinery such as backhoes may be used to reach into the regulated water to remove material, but cannot be driven into or otherwise operated within in the regulated water;

4. The material to be removed consists solely of accumulated sediment and debris and does not alter the natural bed and banks of the regulated water;

5. The timing restrictions set forth at 7:13-11.5(d) are observed;

6. No riparian zone vegetation is cleared, cut, and/or removed, unless such disturbance is unavoidable, necessary to gain access to the regulated water, and minimized;

7. No trees are cleared, cut, and/or removed in a riparian zone;

8. The project is conducted from only one bank, and the existing tree canopy on the more southerly or westerly bank is preserved in order to shade the regulated water; and

9. All material removed from a regulated water is disposed of outside of any regulated area and in accordance with all applicable Federal, State, and local requirements.

N.J. Admin. Code § 7:13-8.1

Amended by 47 N.J.R. 422(a), effective 2/2/2015

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