N.J. Admin. Code § 7:7-6.23

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

Section 7:7-6.23 - General permit 23 - geotechnical survey borings

(a) This general permit authorizes geotechnical survey borings including survey borings or excavations constructed for the purpose of obtaining information on subsurface conditions, for the purpose of determining the presence or extent of contamination in subsurface soils or groundwater, and for obtaining seismic information, provided the following conditions are met.

1. Borings and related site disturbance shall not be located in shellfish habitat (N.J.A.C. 7:7-9.2), submerged vegetation habitat (N.J.A.C. 7:7-9.6) or endangered or threatened wildlife or plant species habitats (N.J.A.C. 7:7-9.36).

2. Borings and related site disturbance shall comply with wild and scenic river corridors, (N.J.A.C. 7:7-9.44), wetlands (N.J.A.C. 7:7-9.27), and wetlands buffers (N.J.A.C. 7:7-9.28).

3. Borings for remedial investigation shall be permitted, constructed, and completed in accordance with the Well Construction and Maintenance; Sealing of Abandoned Well rules, N.J.A.C. 7:9D, and N.J.A.C. 7:26E-1.5(b) and 4 of the Technical Requirements for Site Remediation;

i. Any excavation shall not adversely impact existing remedial investigation/remediation action (RI/RA) activities:

ii. Workers on-site shall be notified, in writing, prior to the start of site preparation, of the possible presence of contaminated materials. Appropriate measures shall be taken to protect workers from exposure to possible contaminants; and

iii. Any potential or actual impact to existing monitoring wells shall be reported to the Department's Site Remediation Program and the licensed site remediation professional (LSRP) of record assigned to the case, if applicable. The LSRP (or the Site Remediation Program if there is no LSRP involved in the case) will coordinate appropriate measures required to protect, decommission, or install the monitoring wells. The LSRP is responsible for ensuring that all damaged or destroyed wells are decommissioned in accordance with N.J.A.C. 7:9D. Any replacement wells shall be installed in accordance with N.J.A.C. 7:9D. Decommissioning of monitoring wells and drilling of regulated soil borings shall be performed by a New Jersey licensed well driller of the proper class in accordance with N.J.A.C. 7:9D.

4. Disturbance shall be limited to that which is necessary to access and conduct the geotechnical borings.

i. Disturbance to vegetation shall be limited to a maximum width of five feet for access.

5. Borings and related site disturbance shall not be conducted during the following time periods:

i. During the migration of anadromous fish from April 1 thru June 30 (inclusive);

ii. During the period from March 1 thru June 30 and from October 1 thru November 30 (inclusive), within and adjacent to waters on the Delaware River System from the mouth of bay to Delaware Memorial Bridge and tidal Maurice River, identified as American shad migratory pathways; and

iii. During the period from April 1 thru June 30 and from September 1 thru November 30 (inclusive), within and adjacent to waters on the Delaware River System from the Delaware Memorial Bridge to the New York State line and tidal portions of Rancocas and Raccoon Creeks, identified as American shad migratory pathways.

6. Bore holes shall be backfilled to the original surface level with appropriate, non-contaminated, soil material.

i. Sand may not be used for backfilling in either freshwater or coastal wetlands. Restoration of all bore holes must maintain the hydrologic integrity of the wetlands. To avoid the potential for draining a wetland by puncturing a hard-pan or confining layer, all borings must be sealed with grout or bentonite in accordance with the Department's Water Monitoring Management Program rules, N.J.A.C. 7:9-6.

ii. Water used to flush a boring may be discharged to the ground provided the boring is not conducted in proximity to a stream or in an area of hazardous waste or acid-producing soils. When the boring is performed in proximity to a stream, and water or drilling fluid is used to remove soil from the hole, the sediment-laden water shall not be allowed to flow overland such that it would enter the stream. Soil erosion and sediment control measures shall be used as necessary to contain/filter excess water. Drilling fluid shall be contained when working adjacent to a fish-populated watercourse during the relevant restricted period, and in any other situation where containment represents the only method of ensuring that there is no impact to adjacent streams.

7. Bore holes shall be backfilled to the original surface level with appropriate, non-contaminated, soil material.

i. Sand may not be used for backfilling in either freshwater or coastal wetlands. Restoration of all bore holes must maintain the hydrologic integrity of the wetlands. To avoid the potential for draining a wetland by puncturing a hard-pan or confining layer, all borings must be sealed with grout or bentonite in accordance with the Department's Water Monitoring Management Program rules, N.J.A.C. 7:9-6.

ii. Water used to flush a boring may be discharged to the ground provided the boring is not conducted in proximity to a stream or in an area of hazardous waste or acid-producing soils. When the boring is performed in proximity to a stream, and water or drilling fluid is used to remove soil from the hole, the sediment-laden water shall not be allowed to flow overland such that it would enter the stream. Soil erosion and sediment control measures shall be used as necessary to contain/filter excess water. Drilling fluid shall be contained when working adjacent to a fish-populated watercourse during the relevant restricted period, and in any other situation where containment represents the only method of ensuring that there is no impact to adjacent streams.

N.J. Admin. Code § 7:7-6.23

Renumbered from 7:7-7.27 by 47 N.J.R. 1392(a), effective 7/6/2015

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

Amended by 50 N.J.R. 361(a), effective 1/16/2018