N.J. Admin. Code § 7:7A-11.26

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

Section 7:7A-11.26 - Application for a mitigation bank

(a) A prospective mitigation bank operator may obtain conceptual review of a proposed mitigation bank before buying land or preparing a detailed mitigation bank proposal. In a conceptual review, Department staff will discuss the apparent strengths and weaknesses of the proposed mitigation bank. Guidance provided through a conceptual review is not binding on the Department and shall not be relied upon by the applicant in purchasing a proposed mitigation area. A conceptual review does not grant any property or other rights or in any way imply that the Department has or will authorize any mitigation activities at the proposed mitigation area or issue any other approval.

(b) To obtain conceptual review of a proposed mitigation bank, an applicant shall submit the following to the Department:

1. A letter of interpretation covering the entire proposed mitigation bank site, issued by the Department under N.J.A.C. 7:7A-3;

2. Information on previous uses of the site, including the presence of historic or archaeological resources in accordance with N.J.A.C. 7:7A-19.5 or the potential of mitigation activities to pose an ecological risk as defined in N.J.A.C. 7:7A-11.4(h).

i. If available, the applicant shall provide a copy of the characterization and other information required at N.J.A.C. 7:7A-11.4(h) to determine ecological risk;

3. The proposed mitigation alternative(s) being considered, such as creation, restoration, and/or enhancement;

4. Whether the credits generated by the bank will be used solely by the mitigation bank operator, or will be available for use by others;

5. Maps, photographs, diagrams, delineations and/or other visual materials necessary for the Department to generally evaluate the proposed mitigation bank;

6. The names and addresses of all current owner(s) of the mitigation bank site, and any prospective owner(s), as of the date the request for conceptual review is submitted; and

7. Consent from the owner of the proposed mitigation bank site, allowing Department representatives to enter the property in a reasonable manner and at reasonable times to inspect the site.

(c) To obtain Department approval of a proposed mitigation bank, an applicant shall submit the information required by the wetlands mitigation bank proposal checklist, available from the Department at the address set forth at N.J.A.C. 7:7A-1.4. The checklist shall require a draft mitigation banking instrument that includes the following:

1. A letter of interpretation covering the entire proposed mitigation bank site, issued by the Department under N.J.A.C. 7:7A-4;

2. A functional assessment of the bank site prior to construction and proposed site conditions after construction;

3. The goals and objectives of the bank;

4. Ownership of the bank site including disclosure of any leases, easements, or other encumbrances;

5. The size of the bank site, as well as type and amount of the resources for which credits from the bank could serve as suitable compensation;

6. A description of baseline conditions on the bank site, including all relevant natural features and parameters, as well as pollutants, contamination, and other factors that could affect the bank's ability to provide mitigation credits;

7. For a bank proposal that includes creation, restoration, and/or enhancement of wetlands or waters, a projected water budget prepared in accordance with N.J.A.C. 7:7A- 11.6(i);

8. The proposed service area within which the mitigation bank credits can be used to compensate for a disturbance. The service area shall be designated to give priority to mitigation for impacts in the same watershed management area(s) as the proposed bank;

9. Method for determining credits and debits;

10. Accounting procedures;

11. Performance standards to enable the Department to determine when credits may be released under N.J.A.C. 7:7A-11.25(e);

12. Performance standards to enable the Department to determine if and when the mitigation bank is successful;

13. Reporting protocols and a monitoring plan;

14. Contingency and corrective actions that will be taken by the mitigation bank operator in case the bank fails;

15. Financial assurances meeting the requirements of N.J.A.C. 7:7A-11.17;

16. Provisions for long-term management and maintenance of the mitigation bank site;

17. Site plans, cost estimates and schedules for construction, completion, and transfer of the mitigation bank;

18. Draft legal instruments necessary to meet the requirements of this chapter, including a conservation restriction, financial assurance, property transfer, and/or agreement with a charitable conservancy to maintain the site;

19. Identification of the persons who will construct, operate, and maintain the mitigation bank and mitigation bank site; and

20. Documentation that public notice of the proposed mitigation bank was provided in accordance with N.J.A.C. 7:7A-17.

(d) The Department's approval of a mitigation bank shall incorporate conditions necessary to ensure that the requirements of this subchapter are met.

N.J. Admin. Code § 7:7A-11.26

Amended and recodified from 7:7A-15.25 by 49 N.J.R. 3849(a), effective 12/18/2017