N.J. Admin. Code § 7:7A-11.5

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

Section 7:7A-11.5 - Conceptual review of a mitigation area

(a) This section sets forth the requirements for the conceptual review of potential mitigation areas except for mitigation bank sites. The requirements for conceptual review of a mitigation bank site are set forth at N.J.A.C. 7:7A-11.26(a) and (b).

(b) The Department encourages applicants to obtain the conceptual review of any land being considered as a potential mitigation area, prior to purchase of land for mitigation purposes and/or submittal of a mitigation proposal.

(c) To obtain conceptual review of a mitigation area, the applicant shall submit a written request to the address set forth at N.J.A.C. 7:7A-1.4, including:

1. A brief description of the area and the mitigation project being considered;

2. A map showing the location and extent of the prospective mitigation area, including topography if available;

3. A USGS quad showing the mitigation area;

4. A county soil survey showing the soils in the mitigation area and identifying all potential, suspected and/or known contamination on the site; and

5. Consent from the owner of the prospective mitigation area allowing Department representatives to enter the property in a reasonable manner and at reasonable times to inspect the mitigation area.

(d) The Department's guidance on a proposed mitigation area is not binding 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 authorized, or will authorize, any mitigation activities at the proposed mitigation area, or issue any other approval.

N.J. Admin. Code § 7:7A-11.5

Amended and recodified from 7:7A-15.10 by 49 N.J.R. 3849(a), effective 12/18/2017