FRESHWATER WETLANDS PROTECTION ACT RULES

N.J.A.C. 7:7A

SUBCHAPTER 10 APPLICATION CONTENTS AND PROCEDURE

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, see "How To Get a Paper Copy of Department Rules".


7:7A-10.1 Basic application information
7:7A-10.2 Basic content requirements for all applications
7:7A-10.3 Additional application requirements for an LOI
7:7A-10.4 Additional application requirements for a general permit authorization
7:7A-10.5 Additional application requirements for a transition area waiver
7:7A-10.6 Additional application requirements for an individual freshwater wetlands or open water fill permit
7:7A-10.7 Additional application requirements for a modification or extension
7:7A-10.8 Public notice requirements for applications
7:7A-10.9 Signatories to permit applications and reports
7:7A-10.10 Confidentiality


N.J.A.C. 7:7A-10.1 Basic application information

(a) This subchapter describes the application contents and procedures required for most Department permits, waivers, and authorizations.

(b) This subchapter applies to an application for all of the following:

(c) This subchapter does not apply to the following:

(d) An application shall be submitted by the owner of the site which is the subject of the application, or by a person who has the legal authority to perform the activities proposed in the application on the site, and to carry out all requirements of this chapter. Others may assist the owner in preparing an application, and may submit reports or other information in accordance with N.J.A.C. 7:7A-10.9.

(e) An applicant shall include on an application all planned activities which are related to the proposed project.

(f) Failure to provide complete and accurate information required in this subchapter of which the applicant, its consultants, engineers, surveyors or agents are, or reasonably should have been, aware may result in denial or termination of the permit under N.J.A.C. 7:7A-14.5, and may subject the applicant, its consultants, engineers, surveyors and/or agents to penalties for submittal of false information under N.J.A.C. 7:7A-16.9.

(g) For each application, the applicant shall provide all information necessary for the Department to determine if the requirements of this chapter are met. The Department will provide an application checklist setting forth the information required for an administratively complete application. Each application checklist will require different information depending on the type of approval sought.

(h) Application checklists and application forms for the Division of Land Use Regulation approvals can be downloaded and/or printed from the Division of Land Use Regulation website at www.state.nj.us/dep/landuse, or they can be obtained by contacting the Department at the address in N.J.A.C. 7:7A-1.3.

(i) In general, the level of detail and documentation required for an application shall be reasonably commensurate with the size and impact of the proposed project, its proximity to critical areas, and its potential to adversely affect freshwater wetlands, transition areas, and/or State open waters. The Department shall, upon request, provide applicants with guidance regarding the appropriate level of detail.

(j) An applicant shall supply each required document in multiple copies as specified in the application checklist. In some cases, the application checklist shall also specify the size or material (such as mylar) of a document, and may require the document to be folded for easier handling.

(k) To minimize permit processing time, an applicant should carefully review the application checklist and make sure the application includes all required information. Following are the Department's average application processing times for 2000, from the date an application is submitted until the Department's final decision on the application. An applicant should assume that at least this amount of time will be required for Department review of the application. Some applications will take longer, depending on how quickly the applicant responds to Department requests for additional information, and on the size and complexity of the application:

(l) If a project requires more than one permit or waiver under this chapter, one application may be submitted for all permits or waivers.

(m) If a project requires approvals from the Division of Land Use Regulation under other chapters, the Department encourages, but does not require, the applicant to submit one application for all project approvals. If an application covers more than one Division of Land Use Regulation approval, the application shall:

(n) An applicant shall keep all data used to complete an application, and any information submitted to the Department during the application review process, for three years after the application is submitted to the Department, or for the duration of the permit if one is issued, whichever is longer.

(o) If a project requires mitigation, the applicant shall submit a mitigation proposal complying with the mitigation proposal requirements at N.J.A.C. 7:7A-15 with the application, or alternatively, the applicant shall submit the mitigation proposal later, during the application review process or after a permit is approved. Regardless of when the mitigation proposal is submitted, regulated activities shall not begin on a site for which mitigation is required until the Department approves the mitigation proposal and the mitigation is also begun.

(p) An application for regulated activities in an area under the jurisdiction of the Pinelands Commission shall be submitted to the Pinelands Commission rather than to the Department, except for an application for an individual freshwater wetlands permit, which shall be submitted to the Department in accordance with this subchapter.

(q) When a survey is required, it shall be conducted and the documentation provided in accordance with the requirements at N.J.A.C. 7:36 Appendix 2, specifically scope of work: property surveys at 3.4.2; corner markers at 3.5.2.10.1, deed description at 3.5.4, metes and bound description and reduced survey plan at 3.6.6, and digital files at 3.6.7.

N.J.A.C. 7:7A-10.2 Basic content requirements for all applications

(a) This section includes basic information required for every approval covered by this subchapter (see N.J.A.C. 7:7A-10.1(b)). Each application checklist will require this information and in addition will require information specific to the type of approval sought. The additional information required for each specific approval is set forth below at N.J.A.C. 7:7A-10.3 through 10.7.

(b) The application checklist for every application covered by this subchapter shall require the following:

(c) In addition to the information required at (b) above, the Department may require any information necessary to clarify information previously submitted, to ensure compliance with State and/or Federal law, or to determine whether an application meets State and/or Federal standards.

(d) Whenever the Department requires a construction plan or other visual depiction of proposed activities, the Department may require that certain information pertinent to the construction work be placed directly on the plan in order to provide notice of Department construction requirements to the workers who will carry out the permitted activities.

(e) Failure to provide all information of which the applicant, its consultants, engineers, surveyors, or agents are or should be aware may result in denial or termination of the permit under N.J.A.C. 7:7A-14.5, and may subject the applicant, its consultants, engineers, surveyors, or agents to penalties for submittal of false information under N.J.A.C. 7:7A-16.10.

N.J.A.C. 7:7A-10.3 Additional application requirements for an LOI

(a) In addition to the basic information required for all applications under N.J.A.C. 7:7A-10.2, an application checklist for an LOI shall require the information specified in this section.

(b) The application checklist for a presence/absence LOI for a portion of a site under N.J.A.C. 7:7A-3.2 shall require information identifying the portion(s) of the site which is the subject of the application.

(c) No additional information is required for an application for a line delineation LOI issued under N.J.A.C. 7:7A-3.3.

(d) The application checklist for a line verification LOI issued under N.J.A.C. 7:7A-3.4 shall require the following:

N.J.A.C. 7:7A-10.4 Additional application requirements for a general permit authorization

(a) In addition to the basic information required for all applications under N.J.A.C. 7:7A-10.2, the application checklist for a general permit authorization shall require:

N.J.A.C. 7:7A-10.5 Additional application requirements for a transition area waiver

(a) In addition to the basic information required for all applications under N.J.A.C. 7:7A-10.2, an application checklist for a transition area waiver, as defined at N.J.A.C. 7:7A-1.4, shall require the following:

(b) In addition to the information required at (a) above, the application checklist for a special activity transition area waiver based upon an individual permit criteria under N.J.A.C. 7:7A-6.3(g) shall require:

(c) In addition to the information required at (a) above, the application checklist for a hardship transition area waiver under N.J.A.C. 7:7A-6.5 shall require the information contained in N.J.A.C. 7:7A-17.1(i)4, 5, 7, 8i through iii, and a statement indicating that the property owner has requested a hardship transition area waiver.

N.J.A.C. 7:7A-10.6 Additional application requirements for an individual freshwater wetlands or open water fill permit

(a) In addition to the basic information required for all applications in N.J.A.C. 7:7A-10.2, the application checklist for an individual freshwater wetlands or open water fill permit shall require the following information:

(b) To ensure that the Department can evaluate all potential alternatives to a proposed project, the application checklist for an individual freshwater wetlands permit shall require an alternatives analysis that allows the Department to evaluate whether the requirements of N.J.A.C. 7:7A-7.2 are met, including, at a minimum the following:

N.J.A.C. 7:7A-10.7 Additional application requirements for a modification or extension

(a) In addition to the basic information required for all applications under N.J.A.C. 7:7A-10.2, the application checklist for a modification shall require the applicable information required in this section.

(b) An application checklist for a minor modification shall require the following:

(c) An application for a minor modification does not require public notice under N.J.A.C. 7:7A-10.8.

(d) An application checklist for a major modification shall require the same information as an application for a new individual permit, except that the application need only address the portions of the existing permit affected by the proposed modification. Portions of the existing permit that are not affected by the proposed modification are not subject to public notice, public hearing, or other procedures that would apply to a new application.

(e) In addition to the basic information required for all applications under N.J.A.C. 7:7A-10.2, the application checklist for a permit extension under N.J.A.C. 7:7A-14.6 shall include information reasonably necessary for the Department to evaluate whether the project or activities will comply with this chapter if extended as proposed.

(f) In addition to the basic information required for all applications under N.J.A.C. 7:7A-10.2, the application checklist for an LOI extension under N.J.A.C. 7:7A-3.6 shall include any information reasonably necessary to determine if the information in the original LOI remains correct.

N.J.A.C. 7:7A-10.8 Public notice requirements for applications

(a) This section sets forth basic public notice requirements for applications. The application checklist for each type of permit, waiver, or general permit authorization will include more detail regarding how to comply with the notice requirements for the approval sought. An applicant shall fulfill the requirements in this section before submitting the application, and the application must include documentation that this section has been complied with.

(b) The public notice requirements in this section apply to the applications listed in N.J.A.C. 7:7A-10.1(b), except that:

(c) Each notice or application required to be provided under this section shall be sent by certified mail, return receipt requested or through other courier or mail delivery service that provides written proof of delivery of letters and packages.

(d) An applicant shall provide a copy of the complete application, as submitted to the Department, to the municipal clerk in each municipality in which the project site is located.

(e) In addition to all other requirements in this section, an applicant shall provide a notice of the application, which meets the requirements in (g) below, to the following:

(f) If the proposed project is a linear development, as defined at N.J.A.C. 7:7A-1.4, or a trail or boardwalk, which is greater than one-half mile long, an applicant for a permit other than an individual permit may satisfy the requirement in (e)5 above to notify neighboring landowners by:

(g) The notice of application required under this section shall include:

(h) The notice of application required under this section may cover applications for more than one project. However, for each project application covered by the notice, the information at (g)1 through 3 above must be included in the notice of application.

(i) An applicant for an individual permit or for an open water fill permit shall comply with (c) through (g) above, as applicable, and, in addition, shall:

(j) An applicant proposing to create, enhance or restore wetlands to satisfy a mitigation requirement in accordance with N.J.A.C. 7:7A-15.11 shall comply with (c) through (e) and (g) above except that the notice required in accordance with (e) above shall be sent to municipal and county officials and all owners of land within 200 feet of the proposed mitigation project site.

(k) If an applicant amends an application during the application review process, the applicant shall comply with the notice requirements at N.J.A.C. 7:7A-12.6(f).

(l) Upon request, the Department shall provide the applicant with copies of any comments submitted to the Department on the application.

N.J.A.C. 7:7A-10.9 Signatories to permit applications and reports

(a) A permit application shall be signed by the person or persons specified below:

(b) All reports required by permits and other information requested by the Department shall be signed by a person described in (a) above, or by a duly authorized representative of that person. A person is a duly authorized representative only if:

(c) If an authorization under (b) above is no longer accurate because a different individual or position has overall responsibility for the construction and/or completion of the regulated facility or activity, a new authorization satisfying the requirements of (b) above must be submitted to the Department prior to or together with any reports, information, or applications to be signed by an authorized representative.

(d) If an application, report, survey, environmental impact statement, or other document required under this chapter is prepared for an applicant by a professional such as a consultant, engineer, architect, surveyor, attorney, or scientist, the document shall include the certification required under (e) below, signed by the professional responsible for preparing the document. This certification shall be in addition to the certification signed by the applicant.

(e) Any person signing a document under (a) or (b) above shall make the following certification:

(f) Any survey submitted under this chapter shall be performed by a surveyor licensed in New Jersey. In addition, the Department may in some cases require that other documents be submitted, signed, sealed, and/or certified by a person with relevant qualifications such as a license or certification.

N.J.A.C. 7:7A-10.10 Confidentiality

(a) Any information submitted to the Department under this chapter may be claimed as confidential by the submitter at the time of submittal.

(b) Claims of confidentiality for the following information will be denied:

(c) Claims of confidentiality for all information not listed in (b) above will be denied unless the claimant can show that the information should be kept confidential under the requirements and procedures of 40 CFR Part 2.