N.J. Admin. Code § 7:38-14.2

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:38-14.2 - Highlands general permit 2 - bank stabilization

(a) Highlands general permit 2 authorizes activities in Highlands open waters and/or their buffers that are necessary to stabilize the bank of a water body in order to reduce or prevent erosion through the use of bioengineering techniques. Examples of bank stabilization activities using bioengineering are the placement of root wads, tree revetments, or vegetative geogrids along a stream bank. Highlands general permit 2 does not authorize stabilization that involves hard structures such as gabions or rip-rap, the channelization of a stream, construction of an entirely new stream channel or the stabilization of the bottom of the stream. Projects involving these activities require an HPAA.

(b) The applicant shall use vegetative or bioengineering stabilization methods.

(c) The total cumulative length of water body bank affected by bank stabilization activities under Highlands general permit 2 shall meet the applicable length limit below. These limits apply to the total linear footage of stream bank affected, regardless of which side of the stream it is on, or whether the activities are contiguous. For example, a bank stabilization using only soil bioengineering could disturb one bank of a stream for a distance of 300 feet, or both banks for 150 feet. The applicable length limits are as follows:

1. For the following bank stabilization activities, no more than 300 feet of stream bank:

i. Soil bioengineering systems for stream bank stabilization set forth at, and performed in accordance with, 650.1601(d)(2) in Chapter 16 of the NRCS Engineering Field Handbook, published December 1996, incorporated herein by reference, as amended and supplemented. The document can be obtained at www.info.usda.gov/CED/ftp/CED/EFH-Ch16.pdf. For the purposes of this chapter, rip-rap joint plantings do not qualify as soil bioengineering; and

ii. Soil bioengineering systems not included in (c)2i above but approved by the Department in writing, which are appropriate to the site and which provide environmental benefits similar to those provided by the measures in (c)2i above. Examples of such measures are the placement of coconut fiber rolls or sand filled textile containers parallel to the shoreline of a stream bank;

2. For bank stabilization activities that involve bioengineering in association with a Watershed Restoration plan approved by the Department's Division of Watershed Management, the length limit shall be no more than 500 feet of stream bank. A list of approved plans is available from the Division of Watershed Management; or

3. There is no length limit for vegetative planting measures for stream bank stabilization set forth at, and performed in accordance with, 650.1601(d)(1) in Chapter 16 of the NRCS Engineering Field Handbook, published December 1996, incorporated herein by reference, as amended and supplemented. The document can be obtained at www.info.usda.gov/CED/ftp/CED/EFH-Ch16.pdf.

(d) The bank stabilization activities described in (c) above may be combined. For example, a bank stabilization project might involve 100 feet authorized under (c)1 or 2 above, and 400 feet of vegetative planting measures authorized under (c)3 above.

(e) Activities under a Highlands general permit 2 shall meet the following requirements:

1. The activities shall not result in the likelihood of the destruction or adverse modification of rare, threatened or endangered animal or plant species habitat;

2. Activities shall not impair surface water flow into or out of any wetland area;

3. If Highlands open waters or buffer must be disturbed to provide access to stabilization activities, the area disturbed shall be the minimum necessary, and shall be no wider than 20 feet at any point;

4. The Department shall allow replacement of previously eroded material as part of the bank stabilization only if the applicant demonstrates that such replacement would be environmentally beneficial;

5. Activities shall comply with the Standards for Soil Erosion and Sediment Control in New Jersey at N.J.A.C. 2:90;

6. The activity shall be a single and complete project, not associated with any other regulated activity that does not qualify for a general permit. For example, the bank stabilization activity cannot be conducted at the same location as a linear development;

7. The amount of stabilization material placed shall be the minimum necessary to prevent erosion, and shall not exceed 150 cubic yards of fill below the top of bank or high water mark, unless a larger amount is required in order to comply with the Standards for Soil Erosion and Sediment Control in New Jersey at N.J.A.C. 2:90;

8. The activities shall not result in the permanent loss of any upland forested areas as described at 7:38-3.9;

9. The activities shall not reduce the stability of any steep slopes as described in 7:38-3.8;

10. The activities shall meet with all of the applicable standards at 7:38-3.7;

11. The activities shall not disturb or degrade unique or irreplaceable land types, historical or archeological areas, and existing public scenic attributes as set forth in 7:38-3.12;

12. All vegetation planted as a part of stabilization activities shall be native, non-invasive plant species; and

13. All proposed activities shall be consistent with the goals of the Highlands Act.

N.J. Admin. Code § 7:38-14.2