N.J. Admin. Code § 7:7A-7.1 - General permit 1-Maintenance and repair of existing features

(a) General permit 1 authorizes activities in freshwater wetlands and State open waters required to carry out the repair, rehabilitation, replacement, maintenance, or reconstruction of a previously authorized, currently serviceable structure, fill, roadway, utility line, active irrigation, or drainage ditch, or stormwater management facility lawfully existing prior to July 1, 1988, or permitted under this chapter, provided all applicable requirements at N.J.A.C. 7:7A-5.7 and 20.3 are met and:

1. The previously authorized structure, fill, roadway, utility, ditch, or facility has not been and will not be put to any use other than as specified in any permit authorizing its original construction; and

2. The activities do not expand, widen, or deepen the previously authorized feature, and do not deviate from any plans of the original activity, except that minor deviations due to changes in materials or construction techniques and which are necessary to make repairs, rehabilitation, or replacements are allowed, provided such changes do not result in disturbance of additional freshwater wetlands or State open waters upon completion of the activity.

(b) If the activity is the ongoing maintenance of an off-stream stormwater management facility created in uplands, including a wetland constructed in uplands for stormwater management purposes after September 4, 2001, the following shall apply:

1. The application for authorization shall be subject to the public notice requirements at N.J.A.C. 7:7A-17, but shall not be subject to the application requirements at N.J.A.C. 7:7A-16, except for the general application requirements at N.J.A.C. 7:7A-16.2;

2. The application for authorization shall be submitted to the Department electronically through the Department's online system at http://nj.gov/dep/online and shall include the following:

i. All of the information listed at N.J.A.C. 7:7A-16.7(b);

ii. The following digital documents, which must be uploaded to the online service in the format specified in the application checklist:

(1) A completed Property Owner Certification form(s) signed by the applicant and all individuals required to certify to the application in accordance with N.J.A.C. 7:7A-16.2(d). The Property Owner Certification form(s) is available from the Department at the address set forth at N.J.A.C. 7:7A-1.4;

(2) A copy of the permit, if any, authorizing the original construction of the stormwater management facility, or a description of the stormwater management facility;

(3) A copy of a USGS quad map for the site;

(4) Photographs or other visual representations that illustrate existing site conditions;

(5) Documentation that public notice of the application has been provided in accordance with N.J.A.C. 7:7A-17, including a completed Public Notice form, available from the Department at the address set forth at N.J.A.C. 7:7A-1.4; and

(6) A copy of all conservation restrictions that impact any portion of the site that is the subject of the application; and

3. For the purposes of this subsection, maintenance includes removal of sediment and debris and mowing of vegetation as necessary to ensure that the stormwater management facility will function as it was originally designed and/or permitted. Maintenance does not include enlargement of a stormwater management structure, excavation below the original bottom of a structure, or any other change in its design.

Notes

N.J. Admin. Code § 7:7A-7.1

Amended and recodified from N.J.A.C. 7:7A-5.1 by 49 N.J.R. 3849(a), effective 12/18/2017 Amended by 53 N.J.R. 514(b), effective 4/5/2021