N.J. Admin. Code § 7:7A-7.20

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

Section 7:7A-7.20 - General permit 20- Bank stabilization

(a) General permit 20 authorizes activities in freshwater wetlands, transition areas, and/or State open waters necessary to stabilize the bank of a water body in order to reduce or prevent erosion. General permit 20 does not authorize the channelization of a stream or the stabilization of the bottom of the stream. Bank stabilization projects are eligible for authorization under this general permit provided the applicable requirements at N.J.A.C. 7:7A-5.7 and 20.3 are met and:

1. Vegetative or bioengineering stabilization methods are used to stabilize the eroded bank, unless the applicant demonstrates that, based on the velocity and configuration of the channel or other factors, the Standards for Soil Erosion and Sediment Control in New Jersey at N.J.A.C. 2:90 require other methods;

2. The total cumulative length of water body bank affected by the bank stabilization activities meets the applicable length limit below in this paragraph. These limits apply to the total linear footage of stream bank affected, regardless of which side of the stream it is on, or whether the activities are contiguous. For example, a bank stabilization using only rip-rap could disturb one bank of a stream for a distance of 150 feet, or both banks for 75 feet. The applicable length limits are as follows:

i. For bank stabilization activities involving the placement of rip-rap, no more than 150 feet of stream bank;

ii. For the following bank stabilization activities, no more than 300 feet of stream bank:

(1) Soil bioengineering systems for stream bank stabilization set forth at, and performed in accordance with, 650.1601(d)(2) in Chapter 16 of the NRCS Engineering Field Handbook, published December 1996, incorporated herein by reference as amended and supplemented; and

(2) Soil bioengineering systems not included in (a)2ii(1) above but approved by the Department in writing, which are appropriate to the site and which provide environmental benefits similar to those provided by the measures in (a)2ii(1) above. Examples of such measures are the placement of coconut fiber rolls or sand filled textile containers, parallel to the shoreline of a stream bank; and

iii. For bank stabilization activities that meet the following criteria, no more than 500 feet of stream bank:

(1) The activities are funded by the Department's Bureau of Environmental Analysis, Restoration, and Standards; and

(2) The stream bank is not located in an area that has a threatened or endangered species associated with its wetlands; and

iv. For vegetative planting measures for stream bank stabilization set forth at, and performed in accordance with, 650.1601(d)(1) in Chapter 16 of the NRCS Engineering Field Handbook, there is no length limit.

3. The bank stabilization activities described in (a)2 above may be used in combination. For example, a bank stabilization project might involve 100 feet of rip-rap authorized under (a)2i above, 300 feet of soil bioengineering authorized under (a)2ii above, and 400 feet of vegetative planting measures authorized under (a)2iv above; and

4. Environmental impacts are minimized as follows:

i. Activities under general permit 20 shall not impair surface water flow into or out of any wetland area;

ii. If wetlands or transition areas must be disturbed to provide access to stabilization activities, the area disturbed shall be the minimum necessary, and shall be no wider than 20 feet at any point;

iii. The Department shall allow replacement of previously eroded material as part of the bank stabilization only if the applicant demonstrates that such replacement would be environmentally beneficial;

iv. Activities under general permit 20 shall comply with the Standards for Soil Erosion and Sediment Control in New Jersey at N.J.A.C. 2:90;

v. The activity shall be a single and complete project, not associated with any other regulated activity. For example, the bank stabilization activity cannot be conducted at the same location as a minor road crossing or a stormwater outfall structure; and

vi. The amount of rip-rap or other stabilization material placed shall be the minimum necessary to prevent erosion, and shall not exceed 150 cubic yards of fill below the top of bank or high water mark, 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.

N.J. Admin. Code § 7:7A-7.20

Amended and recodified from 7:7A-5.20 by 49 N.J.R. 3849(a), effective 12/18/2017