N.J. Admin. Code § 7:7A-5.3 - Use of an authorization pursuant to a general permit-by-certification or a general permit to conduct regulated activities
(a) An
activity that meets the requirements of a general permit-by-certification may
be conducted when the person proposing to conduct the activity receives the
automatic authorization resulting from completion of the application submission
through the Department 's electronic system in accordance with
N.J.A.C.
7:7A-16.6.
(b) An activity that meets the requirements
of a general permit may be conducted when the person proposing to conduct the
activity receives authorization from the Department in accordance with N.J.A.C.
7:7A-19, except in an area under the jurisdiction of the Pinelands Commission.
In such an area , the application shall be submitted to the Pinelands Commission
rather than to the Department , in accordance with the Pinelands Comprehensive
Management Plan (CMP). For information on freshwater wetlands and transition
areas in the Pinelands, contact the Pinelands Commission at (609) 894-7300 or
through its website at http://www.nj.gov/pinelands.
(c) Each general permit-by-certification or
general permit specifies whether it covers activities in freshwater wetlands,
transition areas, State open waters , or a combination thereof. An authorization
issued under a general permit-by-certification or general permit that covers
activities in freshwater wetlands satisfies the requirement for a freshwater
wetlands permit . An authorization issued under a general
permit-by-certification or general permit that covers activities in State open
waters satisfies the requirement for an open water fill permit . An
authorization issued under a general permit-by-certification or general permit
that covers activities in a transition area satisfies the requirement for a
transition area waiver .
(d) Each
authorization under a general permit shall include an access transition area
waiver that allows access to the authorized activity , in accordance with
N.J.A.C.
7:7A-8.1(a)5. No fee or
application is required for this waiver and the disturbance authorized under
this waiver is not counted in calculating the amount of disturbance under the
general permit .
(e) The Department
shall deny an application for authorization under a general permit and require
an application for an individual permit if the Department finds that:
1. Additional permit conditions added under
N.J.A.C. 7:7A-20.3 would not be sufficient to ensure compliance with this
chapter and other applicable laws; or
2. Special circumstances make an individual
permit necessary to ensure compliance with the Freshwater Wetlands Protection
Act, this chapter, any permit or order issued pursuant thereto, or the Federal
Act .
(f) The limits on
disturbance in each general permit-by-certification or general permit apply to
the entire site upon which activities authorized under the general
permit-by-certification or general permit occur. An applicant shall not segment
a project or its impacts by applying for a general permit-by-certification or
general permit authorization for one portion of the project and applying for an
individual permit for another portion of the project . Similarly, an applicant
shall not segment a project or its impacts by separately applying for
authorizations under a general permit-by-certification or a general permit for
different portions of the same project .
(g) Unless otherwise specified, the limits on
disturbance under a general permit -by certification or a general permit apply
to total disturbance , including both temporary and permanent
disturbance .
(h) If a regulated
activity is not covered by any general permit-by-certification , general permit ,
or combination thereof, an individual freshwater wetlands or open water fill
permit must be obtained under N.J.A.C. 7:7A-9 in order to authorize the
activity under this chapter. If a regulated activity in a transition area is
not covered by any general permit-by-certification , general permit , or
combination thereof, a transition area waiver must be obtained under N.J.A.C.
7:7A-8 in order to authorize the activity under this chapter.
(i) An authorization under a general
permit-by-certification or general permit does not relieve the person
conducting the authorized regulated activities from the obligation to obtain
any other applicable permits or approvals required by law.
Notes
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