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FHA General Permit 2b: Removal of Silt, Sediment, Debris and/or Garbage

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  • Application Guidance
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This permit is associated with the removal of accumulated silt, sediment, debris and or garbage from a regulated stream, pond, etc., for agricultural purposes on an active farm, which has been approved by and will be performed under the supervision of the USDA Natural Resource Conservation Service and/or local soil conservation district. 

For application requirements, procedures, documents, fees, etc., please see N.J.A.C. 7:13-8.1(c) through (e).

The proposed activity must comply with the following, in order to qualify for this general permit:

  1. Excavation does not extend below the natural bed or alter the natural banks. This general permit does not authorize the straightening or realignment of a channel. Straightening or realignment constitutes channel modification and requires an individual permit pursuant to N.J.A.C. 7:13-10.1(c), and does not qualify for this general permit;
  2. The project does not disturb the channel bank or the riparian zone, unless such disturbance is unavoidable, necessary to gain access to the channel and minimized;
  3. The project is conducted from only one bank where possible;
  4. All heavy machinery necessary for the conduct of the project is situated outside the channel. Heavy machinery may reach into the channel to dredge, but cannot be driven into or operated within the channel;
  5. Vegetation and tree canopy on the more southerly or westerly bank is preserved in order to shade the channel;
  6. All proposed access points to the water are described in writing and with color photographs;
  7. All disturbed areas in the riparian zone are replanted with indigenous, non-invasive vegetation upon completion of the project;
  8. All removed sediment is disposed of in accordance with all applicable Federal, State and local laws. If the removed sediment is to remain in the flood hazard area, it is spread evenly at least 25 feet from any top of bank or edge of water and, if in a floodway, no more than three inches deep; and
  9. The placement of the removed sediment does not interfere with the positive overland drainage of the receiving area;
  1. This page is for informational purposes only. Please see N.J.A.C. 7:13-8.5 for the precise rules concerning this General Permit.
  2. Getting a Flood Hazard General Permit Number 2a:  If you believe that your project qualifies for an FHA GP2a and you do not know how to apply for one, we suggest that you visit “The Permit Process” section of this website for more information. You will get a general overview of the ins and outs of the permitting process and will also be directed to the necessary forms you will need. Please be advised that any application submitted must follow the procedures and information requirements.
  3. Note: The Department has, for your convenience, developed an Application Checklist for all Flood Hazard General Permits. Please follow carefully the requirements as outlined on the checklist for FHA GP2a to insure that you have all the required information necessary to complete and process your application.

 

This page is for informational purposes only. Please see N.J.A.C. 7:13-8.5 for the precise rules concerning this General Permit.

Getting a Flood Hazard General Permit Number 2b:  If you believe that your project qualifies for an FHA GP2b and you do not know how to apply for one, we suggest that you visit “The Permit Process” section of this website for more information. You will get a general overview of the ins and outs of the permitting process and will also be directed to the necessary forms you will need. Please be advised that any application submitted must follow the procedures and information requirements.

Note: The Department has, for your convenience, developed an Application Checklist for all Flood Hazard General Permits. Please follow carefully the requirements as outlined on the checklist for FHA GP2b to insure that you have all the required information necessary to complete and process your application.

A direct link to the rules cited in our standard approval letter for this General Permit can be found below.

N.J.A.C. 7:13-8.2 FHA General permit 2

N.J.A.C. 7:13-8.1 Standards applicable to all general permits

N.J.A.C. 7:13-8.2 “General Permit Conditions”

N.J.A.C. 7:13 - Index to the entire rule.

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 Register. 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. For more information on obtaining official versions of the rules, How To Get a Paper Copy of Department Rules

Frequently Asked Questions

If you do not see an answer to your question below, please use the Land Use Contact form on this website. We will make every attempt to answer your question as promptly as possible.

No FAQ for this general permit at this time.

 

 

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Last Updated: May 21, 2014