N.J. Admin. Code § 7:13-8.14

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

Section 7:13-8.14 - General permit-by-certification 14-placement of water monitoring devices

(a) General permit-by-certification 14 authorizes the placement of water monitoring devices in a regulated area, provided the conditions at N.J.A.C. 7:13-6.7 are met and:

1. The devices consist of one or more of the following:

i. Water level recording devices;

ii. Water quality monitoring and testing devices;

iii. Weirs, gauges, or flumes for recording water quantity or velocity; and

iv. Monitoring wells;

2. The devices will not significantly disrupt the movement of aquatic species native to the regulated water, or of species which normally migrate through the area;

3. The timing restrictions set forth at N.J.A.C. 7:13-11.5(d) are observed;

4. Clearing, cutting, and/or removal of riparian zone vegetation is the minimum necessary to obtain the desired information and, where possible, is limited to actively disturbed areas;

5. Where a pathway through riparian zone vegetation is necessary to accomplish the activities, it is limited to:

i. No greater than five feet in width, if work is performed by hand; and

ii. No greater than 10 feet in width, if necessary to accommodate machinery in cases where the device cannot feasibly be constructed by hand;

6. The applicant obtains an engineering certification confirming that the device will not cause any of the following:

i. Erosion in the regulated water;

ii. A rise in the flood hazard area design flood elevation outside the regulated water; and

iii. Increased flooding at any existing building, during any flood event described in N.J.A.C. 7:13-12.1(i); and

7. The applicant obtains an engineering certification confirming that any utility shelter that is necessary to house and protect the equipment associated with the water monitoring device is:

i. Constructed outside the channel;

ii. Constructed outside the floodway, where possible;

iii. Oriented to minimize obstruction to flow; and

iv. No larger than 100 square feet in area.

N.J. Admin. Code § 7:13-8.14

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