FRESHWATER WETLAND MITIGATION
COUNCIL AND DEPARTMENT OF ENVIRONMENTAL PROTECTION
(5/00)
q 1. An introduction paragraph which contains the following information:
b. Block, lot, township and county the proposed bank site is located
c. Explanation as to why the bank proposal is being pursued.
d. Note if there are any easement, right-of-ways and/or deed restriction on the property
e.
A copy of a USGS quad map showing the location of the proposed bank site with the
state plane coordinates. The accuracy of these coordinates should be within 50 feet of the
actual center point of the site. For linear mitigation projects, the applicant shall
provide State plane coordinates for the end-points. For linear mitigation projects 2000
feet in length and longer, the applicant supply additional coordinates at each 1000 foot
interval.
q 2. A description of the size and type of
mitigation bank (creation, enhancement, restoration etc.) proposed with the required
transition areas. Please note the proposed bank must be at least five (5) acres in size
and constructed on private property. If public land is to be used, it must have been
acquired for the purpose of wetlands mitigation.
q 3. Delineate limits of jurisdictional wetlands
on-site as per the 1989 Federal Manual for Identifying and Delineating Wetlands. This
description should be approved by NJDEP through a Letter of Interpretation with the
approved plan and copy of LOI submitted with the bank proposal.
q 4. Provide certification that the proposed bank
site is not affected by hazardous or solid waste, and or surface water, groundwater or
soil contamination. A “No Further Action” letter from DEP will be required this
letter must have no restrictions or conditions placed on it.
q 5. Certification the site contains no structures
that present health or safety problems to the general public.
q 6. Submit a wetland functional assessment of the
existing site conditions and a wetland functional assessment of the proposed bank
conditions.
q 7. Describe how the proposed mitigation bank site
interacts with the surrounding regional wetland and aquatic resources.
q 8. A projected water budget for the proposed
mitigation site. The water budget should detail the sources of water for the mitigation
project as well as the water losses. The budget should include the following regional
information:
· if
appropriate the depth of the seasonal high water table from collected monitoring well
data. The data should be taken several times a week between February and July and then
weekly for the rest of the year;
· if
appropriate, the water levels of the stream that supplies water to the mitigation area.
The water levels should be collected from stream gauge data taken at least weekly
following any major storm event. This should include the average high and average low for
the stream; and the mean monthly temperature.
The
projected water budget should document that an ample supply of water is available to
create, enhance, or restore wetland conditions, as applicable. The water budget must
contain sufficient data to show that the mitigation project will have sustained wetland
hydrology indefinitely in the future. It is strongly suggested that you obtain a copy of
following publication: Pierce, Gary J. 1993. Planning hydrology for constructed wetlands.
Wetland Training Institute, Inc. Poolesville, Md. WTI 93-2. 49pp. This publication is
currently being used by the Department as guidance when evaluating a proposed water budget
and may be purchased from the Wetlands Training Institute located at P.O. Box 1022,
Poolesville, MD 20837-0099 phone number (301) 972-8112.
q 9. Existing soil profiles with the location of
soil borings on the proposed mitigation site.
q 10. A detailed discussion of substrate you propose to create
for the mitigation site (e.g. How will the substrate of the site be prepared? How much
topsoil will be added? Is the pH appropriate?). Successful mitigation requires that a
minimum six inches of topsoil or A-Horizon be used or retained on the mitigation site. If
the natural top soil from the site is to be used, it must have at least 8% organic carbon
content (by weight) incorporated into the A-horizon for sandy soil and for all other soil
types the topsoil must have 12% organic carbon content. If topsoil is imported onto the
site it must consist of equal volumes of organic and mineral materials. Do not include the
application of lime in your planting specifications unless absolutely necessary (liming a
site may cause a more favorable environment for invasive species).
q 11. A landscape plan showing the proposed vegetative community
on the proposed mitigation site that includes the following:
·
quantity
of each species;
·
the
spacing of all plantings;
·
the
stock type (bare root, potted, seed); and
·
the
source of the plant material.
The
required transition area must also be planted. The landscape plan must identify the proper
time to plant and must indicate any appropriate substitutions. If bare root stock is used,
it must be planted in the spring while the plant is still dormant.
q 12. A preventive maintenance plan detailing how invasive or
noxious vegetation will be controlled, and how predation of the mitigation plantings will
be prevented. The plan shall explain the measures that will be taken if a problem with
invasive or noxious plants or predation begins to present itself during the monitoring
period. If there is a problem with Lythrum salicaria
(purple loosestrife) in the watershed in which the proposed mitigation site is located,
the Program may not approve mitigation involving the establishment of an emergent
freshwater wetland system because of the likelihood of failure due to invasion by this
species. If this is the case, contact Virginia Kop’Kash at (609) 984-0194 or at ginger.kopkash@dep.state.nj.us
to discuss possible options. Listed below are several devises/structures that may be
incorporated into your plan to control problems resulting from the presence of deer,
geese, rodents, and rabbits on the mitigation site:
· goose
fence
· snags
for raptors
· snake
hibernaculum
q 13. Submit a proposed number of credits and the basis of that
credit ratio.
q 14. Submit a proposed service area and the basis of the extent
of the service. Please keep in mind a banker must be able to defend the ecological basis
of the extent of the service area and how the wetland function and values will be replaced
at the proposed bank site.
q 15. A metes and bounds description of the proposed mitigation
site. The metes and bounds description shall include the transition area required under
N.J.A.C. 7:7A-15.8.
q 16. An actual cost estimate of carrying out the construction
of the mitigation bank. The cost estimate should include the cost of land, site
preparation, engineering costs, plantings and any other items incidental to the mitigation
project. The cost estimate of the project will be used to justify the amount of the
financial assurance. Once the mitigation bank proposal and plans have been approved by the
Council the banker must in accordance with N.J.A.C. 7:7A-14.1, obtain a secured bond, or
other financial surety acceptable to the Council including an irrevocable letter of credit
or money in escrow, that shall be sufficient to hire an independent contractor to complete
and maintain the proposed bank should the banker default. The financial surety for the
construction of the mitigation bank shall be posted in an amount equal to 115 percent of
the estimated cost of construction. In addition, financial surety to assure the success of
the mitigation project shall be posted in an amount equal to 30 percent of the estimated
cost of construction. The financial surety will be reviewed annually and shall be adjusted
to reflect current economic factors.
q 17. Provide site plans for the mitigation bank which includes:
iii.
Existing and proposed elevations and grades of the mitigation site and, when
necessary off-site
elevations and grades. All existing and proposed elevations and grades must be at least in one
foot
intervals. The slope shall be no greater than 10:1 along a created transition area as well as along any
berms that are intended to function as water control structures or berms created along a stream;
iv.
The appropriate transition area (50/150 foot) must be shown on the project plans;
used on the mitigation site. The seed mix shall not include any fescue, deer tongue or reed canary
grass.
The seed mix shall either be a mixture of native non-invasive plant species or shall include an annual
rye
grass;
vi.
A statement certifying that, following grading of the site, a disc will be
run over the site to eliminate
compaction;
vii.
An explanation of how micro-topography will be created on the mitigation
site. For example a
cultivator or a bedding harrow could be used to create micro-topography;
hydrology of the mitigation site before and after construction is complete.
q 18. A construction schedule including projected dates of
excavation, planting, fertilizing, etc.
q 19. A draft conservation restriction that meets the
requirements of N.J.A.C. 7:7A-15.14. Please be advised the Council has approved standard
deed restriction language that may upon request be sent to the banker.
q 20. A copy of a letter or agreement from a charitable
conservancy or governmental agency willing to accept the bank site. Including the amount
of a maintenance fund agreed to by the mitigator and the agency or conservancy in
accordance with N.J.A.C. 7:7A-15. 23. The maintenance fund shall be established within
sixty days following approval of the bank site.
q 21. Certify the proposed mitigation will not adversely affect
properties, which are listed or are eligible for listing on the National Register of
Historic Places. If the mitigator before or during the course of mitigation work
encounters a probable historic property that has not been listed or determined eligible
for listing on the National Register, but which may be eligible for listing on the
National Register, the permittee shall immediately notify the Department and proceed as
directed by the Department.
Proposal packages shall be submitted to:
New Jersey Department of Environmental Protection
Division of Land Use Regulation
P.O. Box 439
Trenton, New Jersey 08625-0439
Attn: Virginia Kop’Kash