N.J. Admin. Code § 7:7A-7.11

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

Section 7:7A-7.11 - General permit 11- Outfalls and intake structures

(a) General permit 11 authorizes activities in freshwater wetlands, transition areas, and State open waters necessary for the construction of:

1. A stormwater outfall structure;

2. An outfall structure that discharges other than stormwater into State open waters, and which is covered by a valid NJPDES permit issued by the Department under N.J.A.C. 7:14A;

3. An intake structure located in a State open water, for which all approvals required by the Department other than this general permit authorization have been obtained;

4. A well that is part of a non-public water system, as defined under the Department's Safe Drinking Water Act rules at 7:10-1.3 (this includes certain small private portable water wells), provided that:

i. There is no alternative onsite location for the well that would have less environmental impact;

ii. The source of the water supply to the well does not affect the hydrology of the freshwater wetlands; and

iii. All approvals required by the Department other than this general permit authorization have been obtained;

5. Conveyance structures, such as pipes and headwalls, associated with an outfall or intake listed in (a)1, 2, or 3 above; and

6. Energy dissipation structures, such as rip-rap, gabion baskets, and scour holes, associated with an outfall or intake listed in (a)1, 2, or 3 above.

(b) General permit 11 does not authorize the construction or placement of a detention or retention facility in freshwater wetlands, transition areas, or State open waters.

(c) The Department shall issue a general permit 11 authorization only if all applicable requirements at N.J.A.C. 7:7A-5.7 and 20.3 are met and:

1. The activities disturb no more than one quarter acre of freshwater wetlands, transition areas, and/or State open waters, including both temporary and permanent disturbance;

2. The area disturbed during construction of a conveyance structure is no wider than is necessary to comply with the United States Occupational Safety and Health Administration safety standards for excavations, set forth at 29 CFR Part 1926, Subpart P; and

3. The amount of rip-rap or other energy dissipating material placed is the minimum necessary to prevent erosion, and shall not exceed 10 cubic yards of fill per outfall, 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.

(d) In addition to meeting all other requirements under general permit 11, an intake structure shall:

1. Be designed and equipped so as to minimize impacts to fish and other fauna through measures including, but not limited to, the following:

i. The structure's location and orientation;

ii. Protective structures that prevent entrapment of fauna in the structure itself, or in a diversionary canal or embayment; and/or

iii. Protective structures that prevent aquatic biota from being sucked up against the structure (impingement) or being sucked up into the structure (entrainment). Examples of such structures are radial wells, fish bucket screens, and wedge-wires;

2. Be designed so as to ensure that the wetlands are not drained;

3. Have an intake velocity no greater than 0.5 feet of water per second; and

4. Comply with all applicable requirements for intake structures in the Department's Safe Drinking Water Act rules at 7:10-11.8(c).

(e) All activities under general permit 11 shall comply with the specifications and requirements in the Standards for Soil Erosion and Sediment Control in New Jersey at N.J.A.C. 2:90, including activities which are exempted from or not regulated by those Standards.

(f) For any excavated area in freshwater wetlands, transition areas, and/or State open waters, the following requirements apply:

1. The excavation shall be backfilled to the preexisting elevation;

2. The uppermost 18 inches of the excavation shall be backfilled with the original topsoil material if feasible; and

3. The wetland and/or transition area above the excavation shall be replanted, in accordance with applicable BMPs, with appropriate indigenous species.

(g) Any pipes laid through wetlands, transition areas, or State open waters shall be:

1. Properly sealed so as to prevent leaking or infiltration;

2. Designed so as not to form a path for groundwater to be discharged or drained from the wetland; and

3. Placed entirely beneath the pre-existing ground elevation unless the applicant shows that placing some or all of the pipe above ground would be more environmentally beneficial.

(h) A swale in a wetland or transition area shall not be used as a substitute for stormwater treatment. However, a swale may be used to convey stormwater through a wetland or transition area if:

1. Conditions on the site make it impracticable to use a buried pipe; and

2. The applicant demonstrates that the swale will not result in drainage of the wetlands or transition areas. To demonstrate this, the applicant shall provide profiles and cross-sections along the entire length of the swale, and any other information necessary to demonstrate that drainage will not occur.

(i) Mitigation shall be performed for all permanent loss and/or disturbance of 0.1 acres or greater of freshwater wetlands or State open waters. Mitigation shall be performed for permanent loss and/or disturbance of less than 0.1 acres of freshwater wetlands or State open waters unless the applicant demonstrates to the Department that all activities have been designed to avoid and minimize impacts to wetlands. For purposes of this subsection, "minimize" means that the project is configured so that most or all of it is contained in the uplands on the site, and that the wetlands are avoided to the greatest extent possible. An applicant is not required to reduce the scope of the project or to consider offsite alternatives to comply with this requirement.

1. The mitigation shall meet the substantive and procedural requirements at N.J.A.C. 7:7A-11 and shall be submitted to the Department for review and approval no later than 90-calendar days prior to the initiation of regulated activities authorized by this general permit.

N.J. Admin. Code § 7:7A-7.11

Amended and recodified from 7:7A-5.11 by 49 N.J.R. 3849(a), effective 12/18/2017