N.J. Admin. Code § 7:7A-7.6

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

Section 7:7A-7.6 - General permit 6- Non-tributary wetlands

(a) General permit 6 authorizes regulated activities in freshwater wetlands and/or State open waters, if the freshwater wetlands and/or State open waters are not part of a surface water tributary system discharging into an inland lake or pond, or a river or stream, provided 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 acre of a freshwater wetland and/or State open water that is not a water of the United States; and

2. The activities disturb no more than one-half acre of a freshwater wetland and/or State open water that is a water of the United States. Mitigation shall be performed for all permanent loss and/or disturbance to wetlands and/or State open water that are waters of the United States in accordance with (b) below.

3. The activities do not take place in any of the following:

i. An exceptional resource value wetland, as described at N.J.A.C. 7:7A-3.2;

ii. A State open water that is a special aquatic site;

iii. USEPA priority wetlands; or

iv. A State open water that is larger than one acre.

(b) Mitigation shall be performed for all permanent loss and/or disturbance of 0.1 acres or greater of freshwater wetlands or State open waters that are also waters of the United States. Mitigation shall be performed for permanent loss and/or disturbance of less than 0.1 acres of freshwater wetlands or State open waters that are also waters of the United States 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-7.6

Amended and recodified from 7:7A-5.6 by 49 N.J.R. 3849(a), effective 12/18/2017