Where land is subdivided but requires further subdivision, other than de minimis changes for road right of ways or other infrastructure, before the applicant can proceed to the next step of municipal approval (either building permits or site plan approvals), there is no evidence of intended economic development at the time of initial subdivision application or approval, because the proposed economic development only comes into being with the subsequent, untimely subdivision. "Major discharge" means a discharge or activity that the Department must transmit to EPA for review in accordance with the Department's 1993 MOA with EPA regarding assumption of the Federal 404 program. Discharges of pollutants into State open waters resulting from the subsequent onshore processing of dredged material are not included within this term. 7:7A - Index to the entire rule.. If the Department intends to deny the permit it shall notify EPA of this intent within 30 days after receiving USEPA's notification; or. "Tidal waters" means fresh or saline waters under tidal influence, up to the head of the tide. This statute is sometimes referred to as the Federal Clean Water Act. 7:7A-15.1. 7:13-8.1 Standards applicable to all general permits . As used in this chapter, “HUC 14” indicates a drainage area with a hydrologic unit code designation with 14 numbers. In order to determine if an applicant qualifies for an exemption under this definition, the Department will determine the existence of a proposed economic development at the time of the subdivision application. 7:13 - Index to the entire rule.. "Discharge of dredged material" means any addition of dredged material into State open waters or freshwater wetlands. §1341 of the Federal Act and N.J.S.A. These soils may be described in several places, including New Jersey's Official List of Hydric Soils, developed by the Natural Resources Conservation Service; the National Wetlands Inventory, entitled "The Wetlands of New Jersey", published in 1985 by the United States Fish and Wildlife Service; or in the 1989 Federal manual. 7:7A-15 in order to compensate for freshwater wetlands or State open waters loss or disturbance caused by regulated activities. Last Updated: ; or. "Letter of interpretation" or "LOI" means the document issued by the Department under N.J.A.C. 7:7A-1.4: (m) In order to demonstrate due diligence in identifying historic sites that may be affected by a wetlands permit application, as well as provide the Department with information regarding sites with historic or potentially historic resources, the applicant shall submit with each permit application: (n) Applicants who are or will be pursuing Federal financial assistance, permits, licenses, or other approvals for the project that is the subject of the freshwater wetlands permit application, shall supply a copy of the consultation comments provided by the Department's Historic Preservation Office (HPO) in its role as staff to the Federally designated State Historic Preservation Officer (SHPO) under Section 106 of the National Historic Preservation Act (16 U.S.C. About Land-Use Ecologist working in environmental regulation, permitting, and impact evaluation. 7:4-7 at the time of application for a State freshwater wetlands permit, the applicant shall consult directly with the Department's Historic Preservation Office to initiate the project authorization process at the same time as the permit application is processed. Statewide: njhome | citizen | business | government | services "Hydric soil" means a soil that in its undrained condition is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions that favor the growth and regeneration of hydrophytic vegetation. These waters may include, but are not limited to: "Commissioner" means the Commissioner of the Department of Environmental Protection. "1989 Federal Manual" means the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, published in 1989 by the EPA, U.S. Army Corps of Engineers, U.S. As of September 4, 2001, the following special aquatic sites are described in subpart E of the 404(b)1 guidelines (40 C.F.R. August 26, 2019, Services Issue a State freshwater wetlands permit that does not constitute a Federal 404 permit and require the applicant to apply to the appropriate Federal agency for a permit under the Federal 404 program. "Agency of the State" means each of the principal departments in the executive branch of the State Government, and all boards, divisions, commissions, agencies, departments, councils, authorities, offices or officers within any such departments. In such a case, the applicant would be responsible for obtaining any necessary 404 program approvals from the ACOE. "Threatened or endangered species" means a species identified pursuant to the Endangered and Nongame Species Conservation Act, N.J.S.A. New Jersey Department of Environmental Protection Division of Land Use Regulation October 16, 2014. It is irrelevant that the original developer had, from the start, contemplated a commercial industrial park for the property in both townships or that the office building contemplated on the land in township B did not require further subdivision; Where land is divided for the sole purpose of bequeathing it sometime in the future to one's children to be developed as they wish, no economic development was contemplated when the application was made or approval granted. 2:90; and effluent limitations or prohibitions under Section 307(a) of the Federal Act and the Department's Surface Water Quality Standards, N.J.A.C. In accordance with N.J.A.C. "USFWS" means the United States Department of the Interior, Fish and Wildlife Service. Home | Services The purpose of the exemption is to protect that degree of investment in planning and development that the preliminary site plan or subdivision application normally represents. The legal boundary of a property is set forth in the deed(s) for the property or other legally binding document that sets forth a boundary. Re: Applications for requested program approvals from NJDEP, submitted on June 10, 2019 to Christopher Jones of NJDEP’s Land Use Regulation Waterfront Development Individual Permit with Section 401 Water Quality Certification and Coastal Zone Management Act Consistency Determination Flood Hazard Area Individual Permit and Verifiation Permit-by-rule (PBR) 2 - development of a single-family home or duplex and/or accessory development on a bulkheaded lagoon lot The PBR 2 authorizes the development (including expansion or reconstruction and expansion) of a single-family home or duplex and/or accessory development (such as garages, sheds, pools driveways, grading, excavation and clearing … "Ordinary high water mark" means that line on the shore established by the fluctuations of water and indicated by physical characteristics such as clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. 58:10A-1 et seq. The New Jersey Department of Environmental Protection (NJDEP) Division of Land Use Regulation (DLUR) issued proposed revisions to the Freshwater Wetlands Protection Act Rules (FWPA) (N.J.A.C. The CAFRA area begins where the Cheesequake Creek enters Raritan Bay in Old Bridge, Middlesex County. The term "utility line" does not include a stormwater pipe, or a pipe that drains a wetland or State open water, such as a drainage tile. Governor Phil Murphy • Lt.Governor Sheila Oliver, NJ The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise. 7:7A-2.2 or at N.J.A.C. If the Army Corps of Engineers determines, after consultation with the Secretary of the Department in which the Coast Guard is operating, that anchorage and navigation of any of the navigable waters would be substantially impaired. 7:7A-12.3(d), USEPA may notify the Department of this intent within 30 days of receipt of the permit application or other item. 7:7A. 7:9B-1.15(c) through (g) as FW2 trout production waters and their tributaries; Surface waters classified in this subchapter as FW2 trout maintenance or FW2 nontrout that are upstream of waters classified in this subchapter as FW2 trout production; Shellfish waters of exceptional resource value; or. For the purposes of this subsection, "public entities" means the State, county, municipality, or an agency or instrumentality thereof: (p)  At sites where activities  require a freshwater wetlands and/or State open water permit, the demolition of buildings or structures potentially over 50 years of age, or the disturbance of soils, shall not be undertaken prior to receipt of such permit.  Undertaking such activities without a permit shall be considered a violation of this chapter. Occurs in or contains a confined basin depression without a permanent flowing outlet; Features evidence of breeding by one or more species of fauna adapted to reproduce in ephemeral aquatic conditions, identified in N.J.A.C. Because the purpose of the exemption is to protect that degree of investment in planning and development that the preliminary site plan or subdivision application normally represents, where the subdivision is merely a division of land and no substantial investment was made in planning or development, there can be no exempted project. "Hydrophyte" means plant life adapted to growth and reproduction under periodically saturated root zone conditions during at least a portion of the growing season. "Dredging" means removal of wetlands or State open water soils or sediments through use of mechanical, hydraulic, or pneumatic tools or other means. NJDEP Land Use Regulation Program (DLUR) -Coastal Programs Page 2 of 4 The Coastal Area Facility Review Act (CAFRA) (N.J.S.A. 7:13-8.2 FHA General permit 2. "Individual permit" means a freshwater wetlands permit or open water fill permit that is issued by the Department after an alternatives test and other site-specific and project-specific reviews required at N.J.A.C. August 26, 2019, Services Activities which bring an area into farming, silviculture, or ranching use are not part of an established operation. A to Z | departments | search, Copyright © State of New Jersey, 1996-2018 by topic | programs/units | dep USEPA shall notify the Department of this decision. Contact Generally, each Soil Conservation District administers NJDA programs for a single county, although some administer programs for more than one county. A to Z, Contact However, the Department may issue a freshwater wetlands permit. "Dumping" means the discharge, placement or abandonment of solid, semi-solid or liquid materials. "Gabion" means a shore or stream bank protection structure, that is made of wire mesh basket(s) or mattress(es) filled with rocks and usually used in multiples as a structural unit installed to withstand the forces of waves and currents. 2:90. home | about "Forested" means that tree species with an average height greater than 20 feet are the predominant vegetation present. Continuing Education Credits "Tree" means a woody plant which is five inches or greater in diameter at a height of four and one half feet above the ground. A to Z | Departments/Agencies | FAQs, DEP Home | About DEP | Index by Topic | Programs/Units | DEP Online. 7:7A-1.4 Definitions. This term also includes an area which is the subject of an application for a letter of interpretation or which is the location of a proposed mitigation bank. The following shall constitute evidence of breeding by such a species: One or more obligate species listed in Appendix 1, or evidence of such a species, is found in or immediately adjacent to the area of ponded water; or. Contact "Palustrine emergent" means a wetlands vegetation pattern in which persistent and nonpersistent grasses, rushes, sedges, forbs and other herbaceous or grass-like plants are the dominant vegetation. New Jersey Department of Environmental Protection Division of Land Use Regulation Bureau of Urban Growth and Redevelopment WATERFRONT DEVELOPMENT IN-WATER INDIVIDUAL PERMIT ENVIRONMENTAL REPORT APPLICANT: Port Imperial Ferry Corp dba NY Waterway PROJECT: Hoboken Feny Maintenance DLUR FILE NO. Streams & Rivers - The Flood Hazard Area Control Act. 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