N.J. Admin. Code § 7:7A-7.13

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

Section 7:7A-7.13 - General permit 13- Lake dredging

(a) General permit 13 authorizes up to one acre of dredging in palustrine emergent freshwater wetlands necessary to restore or maintain a lake, pond, or reservoir to its original bottom contours, provided all applicable requirements at N.J.A.C. 7:7A-5.7 and 20.3 are met and:

1. Dredging does not occur in wetlands that are not palustrine emergent wetlands;

2. If the lake, pond, or reservoir is to be lowered during dredging:

i. The permittee obtains a lake lowering permit from the Department's Division of Fish and Wildlife;

ii. Regulated activities do not begin until the lake, pond, or reservoir is lowered in accordance with the lake lowering permit; and

iii. All regulated activities are discontinued before the lake, pond, or reservoir is refilled;

3. In order to minimize adverse impacts on fish and on the downstream environment:

i. All necessary measures, including adjusting the timing of the dredging, are taken to prevent any detrimental effect to spawning of fish in the lake, pond, or reservoir or downstream; and

4. There is a continuous flow of sediment-free water to the area downstream of the lake, pond, or reservoir at all times during activities authorized under general permit 13.

(b) In accordance with N.J.A.C. 7:7A-2.2(b), if a dredging project meets all of the following criteria, the project does not require Department approval under this chapter:

1. The project disturbs State open waters only, and does not disturb wetlands located in the lake, pond, or reservoir;

2. The project does not disturb wetlands or transition areas adjacent to the lake, pond, or reservoir; and

3. The project does not involve the discharge of dredged or fill material in the State open water. For example, if the project involves placement of fill in a lake bed for an access road, or involves temporary placement of dredged material on the lake bed prior to removal of the dredged material, the project would be regulated and would require Department approval.

(c) The permittee may temporarily disturb wetlands (palustrine emergent or otherwise), transition areas, or State open waters, beyond those disturbed directly by the dredging, in order to obtain vehicular access for the dredging, provided:

1. Disturbance to wetlands, transition areas, and/or State open waters for access does not exceed one eighth of an acre, unless the applicant demonstrates in accordance with the standards at N.J.A.C. 7:7A-7.10B(d) that there is no alternative onsite location and/or configuration that would provide access to the dredging with less adverse environmental impact. If such a demonstration is made, the access disturbance may be increased as necessary, but shall not exceed one-quarter acre; and

2. Upon completion of dredging, all access disturbances are restored to their pre-existing elevation and condition.

(d) In addition to meeting all applicable application requirements at N.J.A.C. 7:7A-16, an application for authorization under general permit 13 shall include:

1. Documentation, including, but not limited to, aerial photography, original construction plans, core borings, and/or other information, showing that dredging will go no deeper than the original configuration and bottom contours of the lake, and will not enlarge the lake beyond the original configuration; and

2. For a lake larger than five acres, the following information:

i. A USGS quad map showing all of the upstream land and water surface area which drains to the lake. The map shall be marked to identify the main land uses in that upstream drainage area;

ii. A list of the sources of sediment in the lake, including all stormwater pipes, outfalls, ditches, and similar features that discharge directly into the lake or that discharge into a tributary to the lake within 1,000 feet of the lake. The location of each listed source shall be indicated on the map required in (d)2i above; and

iii. An estimate of the percentage of that upstream drainage area that is covered by impervious surfaces.

(e) The Department shall not authorize activities under general permit 13 more frequently than once every five years for a particular lake, pond or reservoir.

(f) The permittee shall dispose of dredged material in accordance with the requirements at N.J.A.C. 7:7A-5.7, Conditions applicable to an authorization pursuant to a general permit-by-certification or a general permit. The Department may require testing of dredged material if there is reason to suspect that the material is contaminated.

N.J. Admin. Code § 7:7A-7.13

Amended and recodified from 7:7A-5.13 by 49 N.J.R. 3849(a), effective 12/18/2017