N.J. Admin. Code § 7:22-10.5

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

Section 7:22-10.5 - Level 2 environmental review

(a) If a project does not qualify for a Level 1 environmental review, but the Department determines that a Level 3 environmental review is not warranted, then a Level 2 environmental review is required.

(b) For a Level 2 review, environmental planning documentation must be submitted by the project sponsor consisting of an environmental information document, results of investigations and consultations conducted pursuant to 7:22-10.8 and 10.9 and results of public participation conducted pursuant to N.J.A.C. 7:22-10.10. At a minimum, a public hearing is required and proof of same must be included as part of a complete planning document submittal to the Department. The environmental information document must include, to the extent applicable, the following information;

1. A geographical, geological and topographical description of the planning area;

2. An 8 1/2 inch by 11 inch map of the planning area which depicts the location of the proposed activity, and an 8 1/2 inch by 11 inch site plan showing areas of proposed construction. The USGS quadrangle maps are an acceptable base map, if the scale allows for a clear depiction of the project;

3. A description of and mapping, where applicable, of existing environmental conditions and features including:

i. Existing water quality and uses including a comparison to New Jersey water quality standards and uses established in accordance with N.J.A.C. 7:9-4, 5 or 6;

ii. Hydrologic characteristics;

iii. Water supply source, current demand and current reliable supply. Identify any designated sole source aquifer or critical water supply areas located in the planning area, if applicable;

iv. Geology, topography and soils types and limitations with respect to the use of on-site systems or land application of effluent or residuals. Soil information shall be taken from the Natural Resources Conservation Service county soils maps and interpretations unless more accurate field evaluation of the specific project area is available;

v. Regional air quality and comparison to New Jersey Air Quality Standards established pursuant to 26:2C-1 et seq. Address conformance with the State Implementation Plan for air quality (prepared pursuant to the Federal Clean Air Act, 42 U.S.C. §§ 7401 et seq.);

vi. A general description of plant and animal communities existing in the planning area and a map of habitat types in the project's direct impact area;

vii. Existing land use and zoned use permitted for undeveloped areas in the planning area;

viii. Environmentally critical areas within the planning area, including, but not limited to, wetlands, vernal habitats, floodplains, important farmlands, Agricultural Development Areas, important aquifer recharge areas, coastal areas, stream corridors, parks and preserves, steep slopes, and locations of endangered or threatened species or designated habitats; and

ix. Areas subject to the jurisdiction of the Pinelands Commission, the Coastal Area Facility Review Act, the New Jersey Meadowlands Commission, the Delaware and Raritan Basin Commission, the Delaware and Raritan Canal Commission, or the New Jersey Highlands Water Protection and Planning Council.

4. The purpose and need for the project in terms of surface water or groundwater pollution or depletion, drinking water quality or public health problems to be addressed by the project;

5. A description of the future environment without the proposed project (that is, no action);

6. A description and map of existing environmental infrastructure facilities, their service areas and population served; the design and permitted capacity; treatment type and level; current wastewater or stormwater flow or water supply demand by type (residential, commercial, industrial) and, for wastewater treatment facilities, infiltration and inflow.

7. For wastewater treatment and water supply projects, where new or expanded facilities are involved in the scope of the project, an environmental constraints analysis shall be prepared according to (b)7i and ii below, unless specifically exempted by the Department. A project shall be exempted from the requirement to complete an environmental constraints analysis if the Department determines that the proposed project will not enable development in environmentally constrained areas.

i. Overlay mapping of environmentally constrained areas, which include wetlands, vernal habitats, floodplains, endangered species sites or designated habitats, parks and preserves, and Agricultural Development Areas, in the planning area with mapping of existing land use and permitted zoning for currently undeveloped areas. Areas not yet developed which are not environmentally constrained are considered developable. Environmentally constrained, developed, and developable areas shall be clearly depicted on the mapping to be submitted.

ii. Identify existing population and current wastewater flow or water supply demand by source. Determine the extent of development which could occur according to permitted zoning in developable areas. This should be represented as a number of dwelling units and population for residential areas and area coverage for commercial and industrial areas. Information regarding existing wastewater flows and flow projections must be calculated in accordance with 7:14A-23.3 and 7:15-5.18. Current and projected water supply demand shall be calculated in accordance with N.J.A.C. 7:10-11 or 7:10-12, as applicable. These figures must be presented in a table and used in calculating the maximum wastewater flow or water supply demand projections that may be considered in planning environmental infrastructure facilities. All assumptions used in calculating wastewater flow or water supply demand from units and coverage must be explained.

8. A description of alternatives considered, including the no action alternative;

9. A cost comparison of alternatives, including capital costs, operation and maintenance costs, user cost and total project cost on a present worth basis;

10. A description of the environmental impacts for each alternative including beneficial and adverse direct, indirect (or secondary impacts) and cumulative effects with other projects. Include an assessment of such impacts associated with each alternative on the following:

i. Surface water and groundwater quality and quantity and hydrology (including new or increased depletive uses of water resources and, where new development is projected, increased nonpoint source pollution);

ii. Plant and animal communities or other natural resources. Quantify by type the extent of such resources anticipated to be disturbed as a result of project construction;

iii. Environmentally critical areas, as identified in (b)3viii above. Quantify by type the extent of such resources anticipated to be disturbed as a result of project construction;

iv. Air quality, especially with respect to consistency with the New Jersey State Implementation Plan prepared pursuant to the Federal Clean Air Act, 42 U.S.C. §§ 7401 et seq., and the New Jersey Air Pollution Control Act, 26:2C-1 et seq.;

v. Social and economic factors including, but not limited to, dust, noise, odors, nuisances, traffic or hazards; and

vi. Where significant increases in wastewater treatment or water supply capacity will be provided, effects of induced growth on the environment and social infrastructure.

11. A description of the selected plan. For wastewater treatment, water supply and stormwater management facilities permitted as a municipal separate storm sewer system, the selected plan must be the most economical, environmentally sound and implementable alternative which addresses the identified water quality or water supply need (for other environmental infrastructure facilities, the provisions with respect to cost effectiveness are not applicable). Include, where applicable, the following:

i. Environmental infrastructure facility treatment processes, treatment level, design flow (as included in the NJPDES permit, water supply allocation or other permit and on an annual average basis), capacity of units, effluent quality, discharge or water supply withdrawal location and receiving water body or treatment system. Include a site plan of the construction area. Design wastewater flow or water supply demand shall be broken down into residential, commercial and industrial, and for wastewater treatment facilities, infiltration/inflow components;

ii. A map of the location and service area of each environmental infrastructure facility. Unless otherwise directed by the Department, this map shall be at a scale of one inch equal to 2,000 feet. Include on the map the environmentally constrained areas and indicate that no environmental infrastructure services shall be provided to environmentally constrained areas, except where development requiring wastewater treatment or water supply services is specifically permitted by the Department;

iii. For wastewater and water supply projects, location, size, and capacity of the collection, conveyance or transmission facilities. Unless otherwise directed by the Department, the location shall be mapped at a scale of one inch equal to 2,000 feet;

iv. A summary of costs, including capital, operation and maintenance, present worth of total project cost and anticipated user cost;

v. For wastewater and water supply projects, the user cost at the time of the application, the proposed increase in the user cost as a result of the project and the median annual household income in the planning area. The median annual household income shall be derived from the current United States Census income data updated to the present using the "Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City Average for All Items, 1982-84 = 100," which can be obtained from the United States Department of Labor, Bureau of Labor Statistics;

vi. A summary of environmental impacts of the selected alternative, as discussed in (b)10 above;

vii. Adverse impacts that cannot be avoided;

viii. The relationship between short term uses of the environment and enhancement of long term benefit;

ix. Irreversible and irretrievable commitments of resources to the project; and

x. Mitigating measures to be incorporated during design, construction, and/or the life of the project.

12. A description of steps needed and time frame for implementation of the project;

13. The identity of the owner or operator of the proposed facilities;

14. A list of the permits needed to implement the project and the status of obtaining the applicable permits;

15. A summary of the results of the coordination with affected Federal, State, regional, or local agencies and the public, carried out in accordance with 7:22-10.9 and 10.10;

16. For wastewater treatment and stormwater management projects, identification and assessment of consistency of the proposed project with the areawide Water Quality Management Plan which would apply to the planning area, and an assessment of whether or not the proposed project would trigger preparation of a wastewater management plan or a water quality management plan amendment in accordance with N.J.A.C. 7:15;

17. For water supply facilities, assessment of consistency of the proposed project with the recommendations of the New Jersey Statewide Water Supply Plan; and

18. An assessment of the consistency of the proposed project with the Stormwater Management Rules, N.J.A.C. 7:8.

(c) The Department will review the environmental planning documentation submitted by the project sponsor and will make one of the following determinations:

1. The Level 2 environmental planning documentation is complete and acceptable, and there will be no significant adverse impacts as a result of the proposed project. In this case, the Department will prepare and issue a preliminary Level 2 decision statement and an environmental appraisal as set forth in (d) and (e) below.

2. The Level 2 environmental planning documentation is incomplete. The Department will provide written notification to the project sponsor regarding the deficiencies. The project sponsor will be responsible for correcting the deficiencies. The Department may establish a time frame for response which, if not satisfied, could result in the bypass of a proposed project in the applicable funding cycle.

3. The Level 2 documentation is complete or incomplete but there would be a significant adverse impact if the proposed project were implemented. The Department will initially direct the project sponsor to develop and evaluate other alternatives which would not have a significant adverse impact. If such an alternative is available, the Department will direct the project sponsor to select an alternative with no significant adverse impact or forgo financial assistance. If no such alternative can be identified, then the Department will require the project sponsor to initiate the Level 3 environmental review process as set forth in 7:22-10.6.

(d) When appropriate, in accordance with (c)1 above, the Department will prepare and issue a preliminary Level 2 decision statement and environmental appraisal to the mailing list developed for the project in accordance with 7:22-10.10 (c). The Department will take no further administrative action until after the conclusion of a 30-day comment period on the decision statement. If no significant adverse comment is received at that point, the Department will approve the planning and may proceed with an offer of financial assistance, provided that other requirements of the program, as set forth in the applicable program rules have been met.

(e) The Level 2 environmental appraisal attached to the decision statement will be the Department's summary of the proposed project and its impact and will include the following information:

1. A proposed project identification;

2. A proposed project description;

3. An evaluation of alternatives considered for the project area;

4. The environmental consequences of the selected plan. This will include beneficial and adverse direct and indirect impacts to water quality and hydrology, air quality, noise, natural resources, cultural resources, and environmentally critical areas;

5. For wastewater treatment, water supply and stormwater management projects, population to be served and wastewater or stormwater flow or water supply demand projections;

6. Social and economic impacts of the proposed project;

7. Required mitigating measures;

8. A summary of the coordination with other agencies and the public regarding the proposed project;

9. References to documents used in preparation of the environmental appraisal; and

10. Maps of the planning area, service areas and the location of the proposed construction.

N.J. Admin. Code § 7:22-10.5

Amended by R.1992 d.42, effective 1/21/1992.
See: 23 New Jersey Register 3282(a), 24 New Jersey Register 246(a).
Modifications include a clarification regarding the public hearing; with the change, documentation related to the hearing is a part of but need not be submitted prior to the complete planning documentation. Requirements related to describing and mapping plant and animal communities were clarified so as not to imply that this feature should be mapped for the entire planning area. Requirements for describing and mapping existing wastewater treatment facilities were clarified so as not to imply that the service area of each conveyance component must be mapped. Presentation requirements for the environmental constraints analysis have been specified more clearly. The intended extent of consideration for social and economic factors was clarified by including in the enumeration impacts to environmental and social infrastructure.
Amended by R.1993 d.409, effective 8/16/1993.
See: 25 New Jersey Register 1643(a), 25 New Jersey Register 3760(a).
Amended by R.1995 d.494, effective 9/5/1995.
See: 27 New Jersey Register 1536(a), 27 New Jersey Register 3403(a).
Amended by R.1998 d.407, effective 8/3/1998.
See: 30 New Jersey Register 1144(a), 30 New Jersey Register 2863(a).
Rewrote (b); in (c), substituted "project sponsor" for "local government" in the introductory paragraph, and substituted "project sponsor" for "local government unit" in 2 and 3; and in (e), rewrote 5.
Administrative correction.
See: 30 New Jersey Register 4212(a).
Amended by R.2000 d.284, effective 7/3/2000.
See: 32 New Jersey Register 363(a), 32 New Jersey Register 2426(b).
In (b), substituted a reference to the project for a reference to the existing environmental infrastructure facilities in 4, rewrote 7 and 11; in (d), substituted a reference to financial assistance for a reference to loan assistance; and rewrote (e)5.
Amended by R.2006 d.22, effective 1/3/2006.
See: 37 New Jersey Register 2645(a), 38 New Jersey Register 139(a).
Rewrote (b).