N.J. Admin. Code § 7:9A-4.7 - Freshwater wetlands

Current through Register Vol. 54, No. 7, April 4, 2022

(a) As part of the initial site evaluation process, prior to selection of a site for a proposed subsurface sewage disposal system, the applicant shall take into consideration the possible presence of freshwater wetlands which are protected by the Freshwater Wetlands Protection Act, 13:9B-1 et seq., and the rules promulgated pursuant thereto, N.J.A.C. 7:7A. In cases where available information submitted as part of the application requirements for approval under this chapter indicate the potential presence of a freshwater wetlands within the proposed area of disturbance, the administrative authority shall require evidence that the applicant has complied with applicable regulations. This evidence shall meet the requirements of (c) below and shall be required whenever the criteria given in (b) below are satisfied. This section shall not apply to projects located within areas under the jurisdiction of the Pinelands Commission pursuant to 13:18A-1 et seq. and areas under the jurisdiction of the Hackensack Meadowlands Development Commission pursuant to 13:17-1 et seq.
(b) For the purpose of compliance with (a) above, the proposed site of a subsurface sewage disposal system shall be tentatively considered to be located within a potential freshwater wetland whenever any of the following criteria are met:
1. Surface ponding is observed, or the vegetation, topography or relative elevation with respect to adjacent surface water bodies is such as to indicate the likelihood of periodic or seasonal surface ponding;
2. Soil profile evaluation carried out as prescribed in N.J.A.C. 7:9A-5 indicates a seasonally high water table at a depth shallower than 1.5 feet below the existing ground surface; or
3. Maps contained in a Soil Conservation Service County Soil Survey Report indicate the presence of one or more of the following soil types:

Abbottstown
Adrian
Albia
Alluvial Land
Amwell
Atherton
Atsion
Bayboro
Berryland
Bibb
Biddeford
Bowmansville
Carlisle
Chalfont
Chippewa
Cokesbury
Colemantown
Croton
Doylestown
Elkton
Fallsington
Fluvaquents
Fredon
Fresh Water Marsh
Haledon (wet variant)
Halsey
Hammonton
Hummaquepts
Keansburg
Klej
Lamington
Lenoir
Leon
Livingston
Lyons
Manahawkin
Marsh
Matlock
Muck
Mullica
Norwich
Othello
Parsippany
Pasquotank
Passaic (Parsippany variant)
Peat
Plummer
Pocomoke
Portsmouth
Preakness
Raynham
Reaville (wet variant)
Ridgebury
Rowland
Shrewsbury
Sloan
St. Johns
Sulfaquents
Sulfihemists
Swamp
Tidal Marsh
Turbotville
Venango (Albia)
Wallkill
Watchung
Wayland
Weeksville
Whippany
Whitman
Unnamed
i. In addition to the soil types listed above, wet phases of soils classified by the Soil Conservation Service as somewhat poorly drained may also indicate the presence of a freshwater wetland.
ii. Where the accuracy of the Soil Survey Report mapping is questioned, the soil series actually present at the site shall be identified by comparing the soil profile characteristics observed in a soil profile pit with the range of soil profile characteristics given in the County Soil Survey Report for a particular soil series.
(c) Evidence that the applicant has complied with applicable State freshwater wetland rules shall consist of any of the following documents:
1. A valid "letter of interpretation" issued by the Department, indicating that the proposed development is not located in wetlands, waters or transition areas;
2. A valid freshwater wetlands statewide general or individual permit, or a valid transition area waiver, issued by the Department for the wetlands or transition area aspects of the proposed development; or
3. A written determination from the Department that the proposed development is not subject to regulation under the Freshwater Wetlands Protection Act.
(d) Use of the criteria given in (b) above to identify the presence of a potential freshwater wetland does not constitute an official freshwater wetlands delineation by the Department's "three-parameter approach" in accordance with N.J.A.C. 7:7A. As a result, sites which do not meet these criteria may still be subject to regulation under N.J.A.C. 7:7A or other Federal, State or local laws. The applicant shall contact the appropriate agencies and comply with all applicable statutes or regulations or ordinances.

Notes

N.J. Admin. Code § 7:9A-4.7
Amended by R.1994 d.469, effective 9/19/1994.
See: 26 N.J.R. 2715(a), 26 N.J.R. 3829(a).
Amended by R.2012 d.066, effective 4/2/2012.
See: 43 N.J.R. 478(a), 44 N.J.R. 1047(a).
In (c)1 and (c)2, inserted "valid" throughout.

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