N.J. Admin. Code § 7:7-6.29

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

Section 7:7-6.29 - General permit 29 - dredging and management of material from a marina deposited as a result of a storm event for which the Governor declared a State of Emergency

(a) This general permit authorizes the dredging and management of material from a marina that was deposited as a result of a storm event for which the Governor declared a State of Emergency, provided (a)1 and 2 below are met. Sand means, for the purposes of this section, a material consisting of 90 percent or greater of particles by weight retained on a 0.0625 mm sieve.

1. The dredged material is sand; or

2. If the dredged material is not sand, the material is temporarily disposed of in an existing upland confined disposal facility located on the marina property until a final placement site is determined in accordance with (e) below.

(b) Dredging activities under this general permit shall comply with the following:

1. The depth in the area after the proposed dredging is completed shall not exceed the depth in that area prior to the storm event;

2. The area to be dredged is limited to the area in which material was deposited as a result of the storm event; and

3. A 25-foot buffer shall be provided from any wetlands to the nearest edge of the area to be dredged, unless the area to be dredged is within an existing maintained navigation channel or basin. In such cases, the area to be dredged shall be limited to the existing channel or basin.

(c) An application that meets the requirements of N.J.A.C. 7:7-23 for authorization under this general permit shall be received by the Department no later than 24 months after the date the Governor declared a State of Emergency.

(d) Material determined to be sand shall be placed at either an on-site or off-site location that has been approved by the Department. The beneficial use of this dredged sand is encouraged.

(e) Material determined not to be sand shall be disposed of in an existing upland confined disposal facility located on the marina property, until beneficially used at an on- or off-site location. The dredged material shall remain within the confined disposal facility until an acceptable use determination for the final placement site, in accordance with Appendix G, is issued by the Department. Additional testing of the material may be required as part of the Department's assessment of a final placement site. The upland confined disposal facility shall:

1. Be large enough to contain and dewater the dredged material, considering any bulking that occurs during dredging;

2. Not be located within wetlands or wetlands buffers; and

3. Be operated and maintained in a manner to minimize the discharge of dredged material into the adjacent surface waters and wetlands.

(f) An authorization of dredging issued under this general permit shall not be considered in determining whether a future dredging activity constitutes maintenance dredging as defined at 7:7-12.6 at the same site.

N.J. Admin. Code § 7:7-6.29

Renumbered from 7:7-7.34 by 47 N.J.R. 1392(a), effective 7/6/2015