§ 161-1. This will be the first readoption of NJDEP's wetlands regulations since 1994. As over one acre of wetland impacts are anticipated, a NJDEP Individual Freshwater Wetlands Permit would be required to address impacts and compensatory mitigation requirements for wetlands and wetland transition areas, including protection of threatened and endangered species habitat in accordance with the New Jersey Freshwater Wetlands Protection Act. Preparation of Statewide General Permits and Letter of Interpretation (LOI) Applications . August 26, 2019, Services General Permits provide a means to perform a variety of activities within a regulated freshwater wetland, freshwater wetland transition area and/or State open water, provided that the various conditions are met for the type of general permit requested. Activities such as construction and renovations in a wetland or buffer area will require permits from the NJDEP. You would NOT be allowed under this general permit to place the bulkhead in front of the existing bulkhead, remove the old one, and backfill. DEP, Privacy Note: The Department has, for your convenience, developed an Application Checklist for General Permits. Nontidal Wetland and Waterway Permits, Approvals and Certifications. The NJDEP also regulates groundwater discharges, so a "water of the State of New Jersey" doesn't just mean surface waters. General permit 1 (GP1) permits the repair, rehabilitation, replacement, maintenance or reconstruction of a currently serviceable structure, fill, roadway, utility line or active irrigation or drainage ditch, or stormwater management facility within freshwater wetlands or State open waters. The total area of disturbance, including … Repair and Maintenance of an Existing Structure This activity would therefore require an individual permit instead of an authorization under GP 1. Environmentally Sensitive Areas Analyses. Some maintenance activities may require State permits depending on specific … APPLICATION FOR NJDEP FRESHWATER WETLANDS LETTER OF INTERPRETATION Project Location: 101 and 107 Taylors Mills Road Block 19, Lots 28 and 30 Township of Manalapan Monmouth County, New Jersey EPA Project No. 58, 10A (Water Quality Certificate), and/or N.J.A.C. 7:7A-5.7, "Conditions applicable to an authorization pursuant to a general permit-by-certification or a general permit", and N.J.A.C. However, should there be any discrepancies between the text on this web site and the official version of the rule, the official version will govern. 13. Until all of the incidents are understood, it makes no sense to continue to allow trenching, while the fate of the drilling is still being evaluated. I LUR File# 1000-14-0001.1 (FWW140001) Page 3 10. reasonable access shall be considered a violation of this permit and subject the permittee to enforcement action. Since the stream is considered “Waters of the State”, FWW GP 25 specifies that the permit is to be obtained by a local government agency. Please see N.J.A.C. The NJDEP can also issue an Individual Freshwater Wetlands Permit (IP). This seminar is an overview of NJDEP Land Use jurisdiction, including CAFRA, Waterfront Development, Coastal Wetlands, Freshwater Wetlands, and Flood Hazard areas of the state. A to Z | departments | search, Copyright © State of New Jersey, 1996-2018 Department: njdep Regardless of how many DEP systems you want to access, only one GreenPort account is necessary. 7:7A-16. dep | index Permit), N.J.S.A. Purpose. 13:9A-1 et seq (Wetlands Permit), New Jersey Water Pollution Control Act, N.J.S.A. NJDEP – USE REGULATION ... the General Permit Provisions or exceed 1 impact.acre of impact. Freshwater Wetlands General Permits. Notice, Legal General Permits Certain kinds of wetlands projects are common enough that development activity only requires a statewide general permit (“GP”). Statement. Effective July 1, 2008, all applicants for wetlands and waterways authorizations issued by the Wetlands and Waterways Program of the Maryland Department of the Environment and Tidal Wetlands licenses issued by the Board of Public Works, must pay an application fee. State Programmatic General Permits (SPGPs) or Regional General Permits (RGPs). This means if water (process wastewater or stormwater) leaves your site into a stream, lake, river, bay, wetland area, catch basin, storm drain, etc, you need to have a permit that has restrictions, limits, or benchmarks on what the quality of your runoff can be. If a source belongs to a class of sources which qualify for a General Permit … 7:7A-20.3 Establishing permit conditions. GENERAL REFERENCES Land use and zoning — See Ch. Overview. If the inflow area to a GP11 does not constitute a “major development”, but the project as a whole meets the definition of a “major development”, do the Stormwater Management rules apply to the project? Last Updated: (General Permit 1), Overview | Application Guidance | Authorization | Applicable Rules. online General Permit Number 4 (GP4) authorizes activities in freshwater wetlands, transition areas, and State open waters, which are undertaken by the Department or expressly approved pursuant to the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. Essentially, this should be considered a "maintenance" permit, to allow for maintenance of important infrastructure within wetlands and State open waters. Home | Services This permit does not authorize any disturbance to any existing wetlands for construction of the project. The pre-construction notification must include information regarding the original design capacities and configurations of the outfalls, intakes, small impoundments, and canals (Sections 10 and 404). Contact This "leapfroging" type of bulkheading would result in a net loss of State open water and is not considered repair and maintenance. In these circumstances, an alternate permit should be considered. • No public notice but requires application to NJDEP A to Z | departments | search, Copyright © State of New Jersey, 1996-2018 dep | index Stream Corridor Protection Zone — See Ch. General Permits provide a means to perform a variety of activities within a regulated freshwater wetland, freshwater wetland transition area and/or State open water, provided that the various conditions are met for the type of general permit requested. The proposal seeks to streamline and simplify the regulations, as well as make substantive changes. The General Permit 5/5A ePermitting System is one of many applications on the Department's GreenPort website. We applaud the NJDEP for suspending the Freshwater Wetlands permit and standing up for our neighbors and our environment. All debris generated from the proposed project is to be disposed of at an approved disposal site. By issuing a General Permit, the Department indicates that it approves the activities authorized by the General Permit, provided that the owner or operator of the source, registers with the Department and meets the requirements of the General Permit. 7:7-2.3(d)(“Zanes”). Please follow carefully the requirements as outlined on this checklist to ensure that you have all information necessary to complete and process your application. 2 2. 7:26C, for the investigation, cleanup, removal, or remediation of: Last Updated: All areas oftemporary disturbance shall be restored to its pre-existing condition and grade. The most common mistake made when applying for this permit is that a project is not eligible for this permit. However, the ongoing maintenance of an off-stream stormwater management facility created in uplands is subject to an alternative, simplified application process under N.J.A.C. No staging of equipment may occur in wetlands. 7:7A-7.1(b). Statement, Division: home | news/notices | laws/rules | forms/checklists | maps/guidance | contact A to Z, Contact Statement, Division: home | news/notices | laws/rules | forms/checklists | maps/guidance | contact They also must have either been lawfully existing prior to July 1, 1988 or have previously received a freshwater wetlands permit from the Department. by topic | programs/units | dep For more information on the state’s general permits, go to: The new regulations streamline the general permit approval process and provide a holistic view of development projects by establishing more efficient application and permitting procedures. Blanket general permits are in place for working in man-made lagoons and for docks and piers in coastal waters. A to Z | Departments/Agencies | FAQs, DEP Home | About DEP | Index by Topic | Programs/Units | DEP Online. Additionally, in order for these activities to be approved under this general permit, you must be furnished a copy of this general permit from the NJDEP at the time you receive your State approval. General Permits (for minor source facilities only) HTML PDF Word Excel; User Guide to Preparing General Permits in NJDEP Online: General Procedures for General Permits: General Permit Requirements for Solid Materials Storage Equipment (GP-001A) GP-004A Paper Form for Fuel Dispensing Facilities Equipped with Phase I and Phase II Vapor Recovery Control Systems (Options FD-4A-4 and … Notice, Legal home | about 7:7A-20.3, "Establishing permit conditions". 10. Freshwater Wetland General Permit No. (1) Soil Erosion Control Permit (2) NJDEP Dam Safety Construction Permit (3) NJDEP Freshwater Wetlands General Permit 18 /16 (4) NJDEP Fish & Wildlife Water Lowering Permit (5) State Historic Preservation Office (SHPO) Memorandum of Agreement (6) Federal NEPA Compliance Documentation The purpose of this chapter is to protect wetlands and wetland transition areas from being destroyed and to provide provisions by which the municipality shall be informed of the presence of wetlands. They also must have either been lawfully existing prior to July 1, 1988 or have previously received a freshwater wetlands permit from the Department. Home | Services It is not intended to allow for the expansion or modification of infrastructure. an NJDEP Flood Hazard Area Permit-By-rule (PBR) and a Freshwater Wetlands (FWW) General Permit (GP) 25. A project needs a Freshwater Wetlands general permit 11 (GP11) to construct an outfall structure and does not need any other Division of Land Use Regulation (DLUR) permits. General Stormwater Permits: Individual Stormwater Permits: Permit Applications and Checklists Program Links: NJ Stormwater.org Contacts: Stormwater Training: Bureau of Nonpoint Pollution Control: Division of Water Quality: Clean Water NJ State Permits Potentially Required During Maintenance. Notice | Legal Statewide: njhome | citizen | business | government | services If you intend on applying for multiple freshwater wetland general permits, be advised that there are strict limits on what can and cannot be applied for, with a 1 acre cap on wetland disturbance for any one project site. The state is pursuing a programmatic general permit for coastal wetland areas. Wetlands boundary solutions Choosing the correct consultant to weed through the regulations can be the difference between the success and failure of your project goals. You will need to create a GreenPort account to access the system if you don't already have one. Statement, Accessibility Align permit-processing standards with upcoming flood hazard area (FHA) & freshwater wetlands (FWW) rules Adopt 2 new permits-by-rule, 2 new general permits-by-certification, and 1 new general permit Amend 5 existing general permits Amend certain IP standards Amend dredging rules, allow for more beneficial reuse of dredge material A General Permit is a pre-approved permit and certificate which applies to a specific class of significant sources. Instead other states have developed, or are developing, other types of cooperative permit programs, such as joint permitting, 2. DEP | Privacy NATIONWIDE PERMIT 3 MAINTENANCE: (a) The repair, rehabilitation, ... (see general condition 31). 6. 11. Therefore, LURP's main task is reviewing applications for permits to build or develop on environmentally sensitive lands. 7:7A-7.1 for the precise rules concerning this general permit. Statewide: njhome | citizen | business | government | services Individual Freshwater Wetlands Permit Applications. A to Z | Departments/Agencies | FAQs, DEP Home | About DEP | Index by Topic | Programs/Units | DEP Online, Freshwater Wetlands - Application Guidance General permit 1 (GP1) permits the repair, rehabilitation, replacement, maintenance or reconstruction of a currently serviceable structure, fill, roadway, utility line or active irrigation or drainage ditch, or stormwater management facility within freshwater wetlands or State open waters. For example, if a bulkhead along a pond needed to be replaced, you could do this activity under a GP1, however it would have to be an in-kind replacement in the EXACT same location. online A to Z, Maintenance and repair of existing features, Hazardous site investigation and cleanup, Transition Areas Adjacent to Non-tributary wetlands, Human-made ditches or swales in headwaters, Habitat creation and enhancement activities, Expansion of cranberry growing operations in the Pinelands, Malfunctioning individual subsurface sewage disposal (septic) systems, Minor channel or stream cleaning for government agencies, Redevelopment of previously disturbed areas, Application of herbicide to control invasive species, Contact This page is for informational purposes only. Department: njdep Note: The Department has, for your convenience, developed an Application Checklist for general permit 1. by topic | programs/units | dep Please note that the following restrictions apply for all GP1 applications: When applying for an authorization under GP1, it is important to note that if the structure, fill, roadway, or utility line is NOT currently serviceable, or if the ditch or stormwater facility is NOT functional and/or under active use, then it is likely that any application for a GP1 authorization for any work within freshwater wetlands and/or State open waters would not be approved by the Division. There are requirements, conditions and restrictions that apply to all general permits which must be considered prior to applying for a permit. 95. Governor Phil Murphy • Lt.Governor Sheila Oliver, NJ home | about Applications for most types of GP1 activities must meet all applicable requirements of N.J.A.C. Statement | Accessibility Statement | Accessibility Non-Regulated Streams . 19-010 Prepared for: Custom Homes of NJ, LLC 66 Millstone Road Millstone, New Jersey 08535 December 27, 2019 Revised March 12, 2020 Prepared by: 8 Valerie Lane, … As part of Governor Wolf’s commitment to improve the permitting process, the Department of Environmental Protection (DEP) has launched an e-permit for Chapter 105 Wetland and Waterway Obstruction and Encroachment General Permits to make application submittal and review more efficient and enable faster responses to applicants. Statement, No deviations in original design are allowed (See exceptions under the rule), No additional disturbance is permitted, N.J.A.C. Please Note: The Department has made every effort to ensure that the text of this regulation is identical to the official, legally effective version set forth in the New Jersey Administrative Code. DEP, Privacy General Permit Number 8 (GP8) permits disturbance to freshwater wetlands and/or freshwater wetland transition areas for the construction of additions or improvements to a single family home that was built prior to July 1, 1988. 131. However, since the U.S. Supreme Essentially, this should be considered a "maintenance" permit, to allow for maintenance of i… There are requirements, conditions and restrictions that apply to all general permits which must be … states have strong wetland programs, only two states have assumed administration of Section 404. Failure to obtain the required permits may result in fines or penalties from the NJDEP. NJDEP Land Use Regulation Program The Land Use Regulation Program (LURP) plays an important role in the state's environmental protection strategy for managing the land. a. As is stated in the overview, this GP is only available for those simple projects for repair and maintenance or in-kind replacement. The NJDEP has what is called Statewide General Permits which allow minimal impact such as constructing a roadway, installing utility lines, piping ditches and streams, filling isolated wetlands and some remediation. Governor Phil Murphy • Lt.Governor Sheila Oliver, NJ All freshwater wetland general permits must comply with all applicable requirements at N.J.A.C. FEATURED PROJECT PROFILE: Morningstar Estates . Statement, Accessibility It will provide examples of where these regulated areas are located, what they look like, as well as a brief description of types of common activities that will require permits from the NJDEP within these areas. The rules cited in our standard approval letter under "Permit Conditions" for this general permit can be found below. However, the application process for this permit is extremely costly and time consuming. August 26, 2019, Services New General Permits for Agriculture [NJAC 7:13-8.4] • Must be on land that is actively farmed • Must be solely intended for agriculture •Must be approved and performed under the supervision of the USDA NRCS. For more information on obtaining official versions of the rules, see How to Get a Copy of Department Rules, Contact 12. 7:7A-7.1 General permit 1- Repair and Maintenance of an Existing Structure, N.J.A.C. Notice | Legal NJDEP Bulletin: July 5, 2018 Volume 42 Issue 13 October 17, 2018 Volume 42, Issue 20 August 1, 2018 Volume 42, Issue 15 February 20, 2019 Volume 43, Issue 04 October 3, 2018 Volume 42, Issue 19 and documentation from NJDEP’s Data Miner Freshwater Wetlands Freshwater Wetlands: A Permit (Letters of Exemption, Letters of Interpretation, Statewide General Permit, Open Water Fill, DEP | Privacy An NJDEP Flood Hazard Area Permit-By-rule ( PBR ) and a Freshwater Wetlands ( FWW ) general permit or! 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