[From the U.S. Government Printing Office, www.gpo.gov]


                           Technical Manual For

                       Land Use Regulation Program
                       Bureau of Inland Regulation
                       Bureau of Coastal Regulation
                       Freshwater Wetlands Permits




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                       Jim Florio, Governor
                                                           US Department of Commerce
                                                                     S,,,i,e3 Center Llbrar3r
                       Scott Weiner, Commissioner      NOAA COastal
                                                             2224, Scuth '-"Loaso:a Avenue
                                                               -            29405-2413
                                                             Charleston, SC
                       May 1993
                       New Jersey Department of Environmental Protection and Energy



























































                                         NOAA Coastal Services Center Library
                                               2234 South Hobson Avonue
                                               -C140r1eStQn,-'S,q 2P,40,@r2413





                 Mission Statement


      New Jersey Department of Environmental Protection and Energy

      The mission of the New Jersey Department of Environmental Protection and
      Energy is to conserve, protect, enhance, restore and manage our environment
      for present and future generations. We strive to prevent pollution; ensure the
      efficient use of safe, environmentally sound and reliable energy resources;
      provide opportunities for recreation and enjoyment of natural and historic
      resources; and promote a healthy and sustainable ecosystem.

      Guiding Principles

       We are guided by these principles in accomplishing our mission:

        N To consistently apply and vigorously enforce environmental laws
          and standards in a fair, timely and predictable manner.

        0 To be accountable, accessible and helpful to the public.

        0 To provide clear, prompt and fair guidance and decisions.

        0 To increase understanding of environmental and energy concerns
          through effective communication and education.

        0 To establish regulations and standards consistent with law and public
          policy and active public dialogue.

        0 To base our standards, decisions and activities on sound science.


        E To promote energy conservation, pollution- prevention and consideration
          of the cumulative impacts of activities in our actions and those of
          individuals, business and governments throughout.the state.

        N To maintain a work environment that attracts and retains dedicated,
          talented people; fully develops and challenges individual abilities; and
          encourages innovation and tearnwork

        0 To adhere to the highest standards of pe rsonal and professional conduct.


                                      Printed on Recycled Paper









                                           Prologue




                 This manual has been produced by the Department of
            Environmental Protection and Energy (DEPE) to make the permit
            process less complicated and time-consuming for you.                This
            manual is one of a series of technical manuals produced by DEPE
            under    the   requirements    of   the    Environmental     Management
            Accountability Plan (P.L. 1991, Chapter 422) with the goal of
            making the permit application process more consistent and
            predictable. In each technical manual, you will find summaries
            and explanations of policies that may not be fully described or
            explained in environmental laws or regulations.          In addition,
            the manuals contain guidance on how the Department defines
            other     standards,     such    as     "state-of-the-art"       control
            technologies or "best    management practices."

                Unless otherwise required by federal or state law, the
            policies and procedures contained in a technical manual on the
            date an application is filed will be binding on both the DEPE
            and the applicant.     The technical manuals may be updated every
            six months or whenever a regulatory change requires revisions.
            Any revision made to a technical manual will have no effect
            upon a permit application that was submitted to the department
            prior to adoption of the revision. This is a technical manual
            prepared pursuant to N.J.S.A. 13:lD-111 to 1D-113. Because it
            by necessity condenses and summarizes statutes, regulations,
            and other documents, it may not always precisely reflect all
            the requirements set forth in same.            In the case of any
            inconsistency between this technical manual and any statutes,
            regulations, or policy determinations based upon same, the
            requirements     of   the    statutes,    regulations,     or     policy
            determinations shall prevail.         Accordingly, this technical
            manual should not be used as a substitute for a thorough
            analysis of the law and the facts as they apply to any specific
            project or   proposal.    The State of New Jersey, including its
            Department   of Environmental Protection and Energy and all
            agents and   employees thereof, hereby disclaims any warranties
            (express or implied) and any legal liability for the accuracyl
            completeness, or usefulness of any of the information set forth
            in this technical manual.

                 In addition to the information contained in this manual,
            the Department endorses the environmental management hierarchy
            which establishes an order of preference, placing multi - media
            pollution prevention first, followed by recycling, reuse,
            treatment and finally, disposal options.         Therefore, pollution
            prevention is the first and preferred practice in environmental
            management as defined in the 1991 New Jersey Pollution
            Prevention    Act    (N.J.S. .    13:ld-35    et    seq).     Pollution
            prevention practices reduce the demand for and the generation
            of hazardous substances prior to treatment, control, storage,
            or recycling.     This reduction is typically attained through
           .process    modifications,      product    reformulations,       improved
            operation and maintenance, raw material substitution and
            in-process recycling.






                The Department considers the term "state-of-the-art" to
            include   a   process   whereby   the   applicant    considers   the
            environmental management hierarchy in an       effort to encourage
            pollution prevention.       The  Department    believes   that   the
            applicant    has   primary    control   over    consideration    and
            implementation   of   pollution   prevention   options   while   the
            Department retains control over allowable release limits based
            on treatment and control requirements.          This division of
            responsibility is designed to encourage the applicant to
            implement   pollution    prevention   measures   before    exploring
            treatment and control options under Department review.

            Only after pollution prevention options are determined to be
            infeasible should control options be considered.      Therefore, it
            is the Department's policy that "state-of-the-art" reflects a
            demonstration of the applicant's having sequentially considered
            the environmental management hierarchy.

                DEPE welcomes suggestions for improving its technical
            manuals.   Please direct your comments to Geoffrey Cromarty,
            Office of Permit Information and Assistance, NJDEPE, CN423,
            Trenton, NJ, 08625.

                You may request additional copies of this manual by sending
            a check or money order, made payable to the Treasurer, State of
            New Jersey for $13.50 (this includes first class mailing by the
            U.S. Postal Service) to:

                           Map Sales & Publications Office
                           Bureau of Revenue
                           CN 417
                           Trenton, NJ 08625

                Also, for information about other technical manuals offered
            by the Department, contact either the Office of Permit
           .Information and Assistance at (609)292-3600 or the Bureau of
            Revenue at (609)777-1039.

                As stated previously, these manuals may be updated every
            six months or whenever a regulatory change requires it.
            Therefore, if the publication date of the manual is more than
            six months old or if you are aware of a regulatory change, you
            should contact the Maps and Publications Office for a copy of
            the appropriate revision.


            Notice:   This manual contains forms and applications that       are
            provided as a convenience to the applicant.        These forms   are
            included for illustrative purposes only, are not subject to      the
            limitation of N.J.S.A. 13:ID-112(b), and may be updated as
            often as necessary.      Prior to submitting any forms to        the
            Department, an applicant should contact the appropriate bureau
            or make certain that he or she is using the most up-to-date
            version.













                                       TABLE OF CONTENTS


                     SECTION A. FRESHWATER WETLANDS PERMITTING PROGRAM



            I.         FRESHWATER WETLANDS PROTECTION ACT RULES


            ii.        FRESHWATER WETLANDS PERMIT APPLICATION (FW-1)

            III.       CHECKLIST FOR ADMINISTRATIVE COMPLETENESS


            IV.        HOW TO OBTAIN A LETTER OF INTERPRETATION


            V.         AGRICULTURAL BEST-MANAGEMENT PRACTICES FOR NEW JERSEY
                       WETLANDS


            Vi.        BEST-MANAGEMENT PRACTICES FOR MOSQUITO CONTROL AND
                       FRESHWATER WETLANDS MANAGEMENT


            VII. POLICY MEMORANDA


                       A.  LETTER OF CONCURRENCE/ACOE-JD


                       B.  TRANSITION AREAS ON ADJACENT PROPERTIES


                       C.  PARTIAL LETTERS OF INTERPRETATION

                       D.  MODEL DEED RESTRICTION (TRANSITION AREAS)

                       E.  MODEL DEED RESTRICTIONS (MITIGATION)

                       F.  REGULATORY JURISDICTION & PERMITTING REQUIREMENTS
                           - STATE OPEN WATERS


                       G.  DISTRIBUTION OF LAND USE PROGRAM POLICIES


            VIII. MEMORANDUM OF UNDERSTANDING AND       AGREEMENT WITH OTHER
                   STATE OR FEDERAL AGENCIES


                       A. NJDOT AND NJDEPE


                       B. PINELANDS COMMISSION AND NJDEPE


                       C. ACOE AND NJDEPE


                       D. EPA AND NJDEPE








             Ix.    LOCAL OPERATING PROCEDURE NJDEPE & ACOE


             X.     NEW JERSEY WETLANDS MAP KEY


             XI.    ENDANGERED AND THREATENED SPECIES




                   SECTION B. FRESHWATER WETLANDS PROTECTION ACT RULES:


                                 AMENDMENTS TO APRIL 19, 1993



             I.     N.J.A.C. 7:7A 1.4 - DEFINITIONS


             ii.    N.J.A.C. 7:7A 2.7 - ACTIVITIES EXEMPTED FROM PERMIT
                                           REQUIREMENTS

             III.   N.J.A.C. 8.10 - HEARINGS AND APPEALS
                                      (LETTER OF INTERPRETATIONS)





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        SECTION A 1    7

    FRESHWATER WETLANDS
    PROTECTION ACT RULES






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                           I





     Freshwa r                       lands
     Protec          on Act               les
             No         o Cm 7Ao


         As amended          arch 16, 1992

          Land       Regulation E ment
            N w Jersey Departm nt of
       Enviro mental Protecto       & Energy
            C    01 , Trenton, J 08625-

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                         A-I i






  0                                  TABLE OF CONTENTS

      SUBCHAPTER 1.        GENERAL INFORMATION                          Page #Is

           7:7A-1.1        Scope and authority                                1
           7:7A-1.2        Construction                                       1
           7:7A-1.3        Forms and information                              1
           7:7A-1.4        Definitions                                        1
           7:7A-1.5        Severability                                     16
           7:7A-1.6        Other statutes and regulations                   16
           7:7A-1.7        Effective and operative dates                    17

      SUBCHAPTER 2.        APPLICABILITY,

           7:7A-2.1        Jurisdiction                                     17
           7:7A-2.2        Subchapters which apply to freshwater            18
                           wetlands permits or open water fill permits
           7:7A-2.3        Regulated activities                             18
           7:7A-2.4        Designation of freshwater wetlands               19
           7:7A-2..5       Classification of freshwater wetlands  by        21-
                           resource value
           7:7A-2.6        Designation of State open waters                 22
           7:7A-2.7        Activities exempted from permit requirement      22
           7:7A-2.8        Geographic area exempted from freshwater         26
                           wetlands permit requirement
           7:7A-2.9        Exemption Letters                                27
           7:7A-2.10       Hearings and appeals                             29

      SUBCHAPTER 3.        GENERAL STANDARDS FOR GRANTING INDIVIDUAL
                           FRESHWATER WETLAND AND OPEN WATER FILL PERMITS

           7:7A-3.1        Requirement for granting individual              29
                           freshwater wetland and open water fill
                           permits
           7:7A-3.2        Requirements for water dependent activities      29
           7:7A-3.3        Requirements for Non-water dependent             30
                           activities
           7:7A-3.4        Non-water dependent activities in freshwater     31
                           wetlands of exceptional resource value or in
                           trout production waters
           7:7A-3.5        Standard requirements for all regulated          31
                           activities in freshwater wetlands and State
                           open waters

      SUBCHAPTER 4.        RESERVED


      SUBCHAPTER 5.        EMERGENCY PERMITS


           7:7A-5*1        Emergency permits                                33
           7:7A-5.2        obtaining an emergency permit                    34




                                         A-I i J











      SUBCHAPTER 6.        TRANSITION AREAS                               Page   s

            7:7A-6.1       General Provisions                                 35
            7:7A-6.1       7:7A Regulatory Appendix A     Example of a        36A
                           transition area adjacent to a freshwater
                           wetland.
            7:7A-6.2       Prohibited activities in transition areas          37
            7:7A-6.3       Determination of transition areas due to the       39
                           presence of freshwater wetlands on adjacent
                           property

      SUBCHAPTER 7.        TRANSITION AREA WAIVERS


            7:7A-7.1       General Provisions                                 41
            7:7A-7.2       Exceptional resource value freshwater              43
                           wetlands: standards for transition are width
                           reduction
            7:7A-7.2       Exceptional Resource Value Reduction Matrix        47
            7:7A-7.3       Intermediate resource value freshwater             50
                           wetlands@ standards for transition area width
                           reduction
            7:7A-7.4       Special activities: Standards for granting         54
                           transition area waivers
            7:7A-7.5       Transition area waivers, Averaging plans:          57
                           Standards for modifying the shape of a
                           transition area
            7:7A-7.5       7:7A-7 Regulatory Appendix A - Example of          59
                           a transition area averaging plan
            7:7A-7.6       Application contents for transition are            62
                           waivers
            7:7A-7.7       Procedure for review of transition are waiver      68
                           applications
            7:7A-7.8       Hearings and appeal                                69
            7:7A-7.9       Duration, effect,. modification and transfer       69
                           of transition are waivers
            7:7A-7.10      Cancellation, withdrawal, resubmission and         70
                           amendment of applications

      SUBCHAPTER 8.        LETTERS OF INTERPRETATION


            7:7A-8.1       Purpose                                            71
            7:7A-8.2       Types of letters of interpretation                 71
            7:7A-8.3       Application for letters of interpretation          72
            7:7A-8.4       Onsite inspections                                 77
            7:7A-8.5       Local review                                       77
            7:7A-8.6       Effect of a letter  of interpretation              78
            7:7A-8.7       Reissuance of a letter of interpretation           78
            7:7A-8.8       Effect of non-issuance of a letter of              78
                           interpretation within time allotted
            7:7A-8.9       Cancellation, resubmission and amendment           79
                           of applications




                                        A-I iii





   0  SUBCHAPTER, 9.         GENERAL PERMITS                                  Page #Is
            7:7A-9.1         General standards for issuing Statewide              79
                             general permits
            7:7A-9.2         Statewide General Permit Authorization               81
            7:7A-9.3         Standards and Conditions for all Statewide           93
                             General Permit Authorization
            7:7A-9.4         Use of multiple Statewide General Permits            95
            7:7A-9.5         Application for activities under Statewide           96
                             General Permits
            7:7A-9.6         Hearings and appeal                                  101
            7:7A-9.7         Duration of permit authorizations                    101
            7:7A-9.8         Cancellation, withdrawal, resubmission and           101
                             amendment of applications

      SUBCHAPTER 10.         PRE-APPLICATION CONFERENCES


            7:7A-10.1        Purpose                                              102
            7:7A-10.2        Request for a pre-application conference             103
            7:7A-10.3        Discussion of  information requirements              103
            7:7A-10.4        Memorandum of  record                                103


      SUBCHAPTER 11.         APPLICATION PROCEDURE

            7:7A-11.1        Application contents for Individual                  104
                             freshwater wetlands and open water fill
                             permits
            7:7A-11.2        Recordkeeping                                        109
            7:7A-11.3        signatories to permit applications and               109
                             reports
            7:7A-11.4        Confidentiality                                      ill

      SUBCHAPTER 12.         REVIEW OF APPLICATIONS

            7:7A-12.1        Initial Department action for Individual             ill
                             freshwater wetlands and open water fill
                             permits, and individual water quality
                             certificates
            7:7A-12.2        USEPA review                                         112
            7:7A-12.3        Soliciting public comment                            115
            7:7A-12.4        Hearings on applications                             115
            7:7A-12.5        Final decisions                                      117
            7:7A-12.6        Cancellation, withdrawal,   resubmission and         118
                             amendment of applications
            7:7A-12.7        Hearings and appeal of permit decisions              119












                                           A-I iv









       SUBCHAPTER 13.        PERMIT CONTENTS                                  Page Ps

            7:7A-13.1        Conditions applicable to all permits                  120
            7:7A-13.2        Establishing permit conditions                        124
            7:7A-13.3        Duration of permits                                   125
            7:7A-13.4        Effect of a permit                                    126
            7:7A-13.5        Transfer of permits                                   126
            7:7A-13.6        Modification or revocation and reissuance of          126
                             permits
            7:7A-13.7        Causes for modification, but no revocation            127
                             and reissuance
            7:7A-13.8        Causes for modification or revocation and             128
                             reissuance
            7:7A-13.9        Minor modification of permits                         128

       SUBCHAPTER 14.        MITIGATION

            7:7A-14.1        Mitigation goals                                      129
            7:7A-14.2        Wetland or State open water mitigation                131
                             options
            7:7A-14.3        Location of mitigation site                           133
            7:7A-14.4        Wetland mitigation proposal    requirements           133
            7:7A-14.5        Acceptability of wetlands mitigation                  135
                             proposals
            7:7A-14.6        Wetlands Mitigation Council                           136

       SUBCHAPTER. 15.       ENFORCEMENT

            7:7A-15.1        General provisions                                    137
            7:7A-15.2        USEPA review                                          137
            7:7A-15.3        Administrative order                                  137
            7:7A-15.4        Civil action                                          137
            7:7A-15.5        Civil administrative   penalty                        138
            7:7A-15.6        Civil penalty                                         139
            7:7A-15.7        criminal action                                       139
            7:7A-15.8        Notice of violation   recorded  on deed to            140
                             property
            7:7A-15.9        "After the fact" permit                               140
            7:7A-15.10       Termination of permits                                140
            7:7A-15.11       Public participation                                  141

       SUBCHAPTER 16.        FEES


            7:7A-16.1        Payment of fees                                       142
            7:7A-16.2        Fees for review   of requests for letters of          142
                             interpretation
            7:7A-16.3        Fees for review   of individual freshwater            143
                             wetlands, and open water fill permits
            7:7A-16.4        Fees for review of Statewide general permit           144
                             authorization applications
            7:7A-16.5        Fees for review and processing of transition          144
                             area waiver applications
            7:7A-16.6        Fees for the review and processing of                 145
                             requests for exemption letters




                                           A-I v









                                                                        Page #Is

           7:7A-16.7      Fees for review and processing of requests        145
                          for permit modifications
           7:7A-16.8      Fee refunds                                       145

     SUBCHAPTER 17.       CIVIL ADMINISTRATIVE PENALTIES AND
                          REQUESTS FOR ADJUDICATORY HEARINGS

           7:7A-17.1      General penalty provisions                        146
           7:7A-17.2      Civil administrative penalty determination        147
           7:7A-17.3      civil administrative penalty for engaging         148
                          in regulated activities without approval
           7:7A-17.4      Civil administrative penalty for submitting       149
                          inaccurate or false information
           7:7A-17.5      Civil administrative penalty for failure          149
                          to allow entry and inspection
           7:7A-17.6      civil administrative penalty for failure          150
                          to pay a civil administrative penalty
                          assessed under the Act
           7:7A-17.7      Economic benefit factor                           150
           7:7A-17.8      Procedures from assessment of civil               150
                          administrative penalties under the Act
           7:7A-17.9      Procedures to request an adjudicatory             151
                          hearing to contest an Administrative Order
                          and/or a Notice of Civil Administrative
                          Penalty Assessment; procedures for conducting
                          adjudicatory hearings






























                                        A-I vi












             SUBCHAPTER 1. GENERAL INFORMATION

             7:7A-1.1 Scope and authority

                  This chapter constitutes the rules governing the
             implementation of the Freshwater Wetlands Protection Act,
             P.L. 1987, c.156. The provisions of any State law, rule or
             regulation to the contrary notwithstanding, the alteration
             or disturbance in and around freshwater wetland areas in the
             State, and the discharge of dredged or fill material into
             State open waters are subject to this chapter and the Act.

             7:7A-1.2 construction

                  This chapter shall be liberally construed to allow the
             Department to implement fully its statutory functions
             pursuant to the Act and to the Water Pollution Control Act,
             N.J.S.A. 58:10A-1 et seq.

             7:7A-1.3 Forms and information

                  Any forms, fees or other information requited to be
             submitted by this chapter shall be obtained from and
             returned to the Land Use Regulation Element , New Jersey
             Department of Environmental Protection and Energy, CN 401,
             Trenton, New Jersey, 08625. Courier and hand deliveries may
             be delivered to 5 Station Plaza, 501 East State Street.,
             Trenton, New Jersey. other sources of information referred
             to in this chapter are available from the Office of Maps and
             Publications located at 428 East State Street, Trenton, New
             Jersey 08625.

             7:7A-1.4 Definitions

                  The following words and terms, when used in this
             chapter, shall have the following meanings unless.the
             context clearly indicates otherwise.

                  "Acid producing deposits" means those geologic deposits
             containing iron sulfide minerals (pyrite or marcasite) which
             oxidize upon exposure to oxygen from the air or from surface
             waters to produce sulfuric acid.

                  "Act" means the Freshwater Wetlands Protection Act,
             P.L. 1987, c.156.

                  "Administrator" means the Administrator of the Land Use
             Regulation Element.

                  "Applicant" means a person who submits an application
             for a permit, waiver, or any other Department decision
             pursuant to N.J.A.C. 7:7A-1.





                                      A-T  1









                   "Application for development" means the application
              form and all accompanying documents required by ordinance
              for approval of a subdivision plat, site plan, planned
              development, conditional use, zoning variance or direction
              of the issuance of a permit pursuant to N.J.S.A. 40:55D-34
              or N.J.S.A. 40:55D-36.


                   "Agency of the State" means each of the principal
              departments in the executive branch of the State Government,
              and all boards, divisions, commissions, agencies,
              departments, councils, authorities, offices or officers
              within any such departments.

                   "Aquatic ecosystem" means waters of the United States,
              including wetlands, that serve as habitat for interrelated
              and interacting communities and populations of plants and
              animals.

                   "Bank" means the Wetlands Mitigation Bank established
              pursuant to section 14 of the Act.

                   "Best Management Practices" (BMP's) means methods,
              measures, designs, performance standards, maintenance
              procedures, and other management practices which prevent or
              reduce adverse impacts upon or pollution of freshwater
              wetlands, State open waters, and adjacent aquatic habitats,
              which facilitate compliance with the Federal Section
              404(b)(1) guidelines (40 C.F.R. Part 230), New Jersey
              Department of Environmental Protection and Energy Flood
              Hazard Area Regulations (N.J.A.C. 7:13), 1982 Standards for
              Soil Erosion and Sediment Control in New Jersey, Storm Water
              Management Regulations (N.J.A.C. 7:8), and effluent
              limitations or prohibitions under Section 307(a) of the
              Federal Act and New Jersey Department of Environmental
              Protection and Energy Surface Water Quality Standards
              (N.J.A.C. 7:9-4). Examples include practices found at 33
              C.F.R. 330.6, 40 C.F.R. 233.35(a)6, the Department's
              Technical Manual for Stream Encroachment, and "A Manual of
              Freshwater Wetland Management Practices for Mosquito Control
              in New Jersey". The manuals included in this definition is
              only a partial listing, interested parties should contact
              the Department the most up to date list.

                   "Clean Water Act"I "Federal Act", or 11CWAII means the
              Federal Water Pollution Control Act Amendments of 1972 as
              amended by the Clean Water Act of 1977 (33 U.S.C. ï¿½ï¿½1251 et
              seq.) and any amendments and supplements thereto, and the
              regulations adopted pursuant thereto.

                   "Climax habitat" means a mature, well developed natural
              ecological community. See N.J.A.C. 7:7A-14.

                   "Commissioner" means the Commissioner of the Department
              of Environmental Protection and Energy.




                                       A-I  2










                  "Compelling public need" means that based on specific
             facts, the proposed regulated activity will serve an
             essential health or safety need of the municipality in which
             the proposed regulated activity is located, that the public
             health and safety benefit from the proposed use and that the
             proposed use is required to serve existing needs of the
             residents of the state, and that there is no other means
             available to meet the established public need. See N.J.A.C.
             7:7A-3.4(a)l.

                  "Contiguous" means adjacent properties, even if they
             are separated by human-made barriers or structures or legal
             boundaries.

                  "Council" means the Wetlands Mitigation Council
             established pursuant to Section 14 of the Act.

                  "Critical habitat for fauna or floral' means,

             1. For fauna, areas which serve an essential role in
             maintaining commercially and recreationally important
             wildlife, particularly for wintering, breeding, spawning and
             migrating activities;

             .2. For flora, areas supporting rare or unique plant species
             or uncommon vegetational communities in New Jersey.

                  "Cultivating" means physical methods of soil treatment
             employed within established farming, ranching and
             silviculture lands upon planted farm, ranch or forest crops
             to aid and improve their growth, quality or yield.

                  "Degraded wetland" means a wetland in which there is
             impaired surface water flow or groundwater hydrology, or
             excessive drainage; a wetland which has been partially
             filled or excavated, contaminated with hazardous substances,
             or which has an ecological value substantially less than
             that of undisturbed wetlands in the region.

                  "Delegable waters" means all waters of the United
             States, as defined at N.J.A.C. 7:7A-1.4, within the legal
             boundaries of the State that will be regulated by the
             Department as part of the Federal 404 program with the
             exception of:

             1. Those waters which are presently used, or are susceptible
             to use in their natural condition or by reasonable
             improvement as a means to transport interstate or foreign
             commerce shoreward to their ordinary high water mark,
             including all waters which are subject to the ebb and flow
             of the tide shoreward to their mean high water mark
             including adjacent wetlands. In those waters over which the
             Department does not assume jurisdiction under the 404




                                      A-I  3









             program, the Department will retain jurisdiction under State
             law, and both State and federal requirements will apply.

             2. Specific bodies of water over which the Department will
             not assume 404 program jurisdiction include, but are not
             limited to:

             i. The entire length of the Delaware River within the State
             of New Jersey;

             ii. Waters of the United States under the jurisdiction of
             the Hackensack Meadowlands Development Commission; and

             iii. Greenwood Lake.

                  "Department" means the Department of Environmental
             Protection and Energy.

                  "Destruction of plant life which would alter the
             character of a freshwater wetland including the cutting of
             trees" means:

                  1.   The physical removal of existing wetland
             vegetation; or

                  2.   Causing the loss of life of vegetation by the
             application of herbicides or by other means which cause
             mortality to the established vegetative community.

                  "Detention basin" means an impoundment area made by
             constructing an embankment, or excavating a pit, or both,
             for the purpose of temporarily storing stormwater.

                  "Discharge of dredged material" means any addition of
             dredged material into State open waters or freshwater
             wetlands. The term includes the addition of dredged
             material into State open waters or freshwater wetlands and
             the runoff or overflow from a contained land or water dredge
             material disposal area. Discharges of pollutants into State
             open waters resulting from the subsequent onshore processing
             of dredged material are not included within this term and
             are subject to the New Jersey Pollutant Discharge
             Elimination System N.J.S.A. 58:10A-1 et seq. program even
             though the extraction and deposit of such material may also
             require an open water fill permit or a 404 permit from the
             U.S. Army Corps of Engineers or a Water Quality
             Certification.

                  "Discharge of fill material" means the addition of
             "fill material" into State open waters or freshwater
             wetlands. The term includes but is not limited to the
             following activities:

                  1-   Placement of fill that is necessary for the




                                       A-I 4









             construction of any structure;

                  2.    The building of any structure or impoundment
             requiring rock, sand, dirt, or other materials for its
             construction;

                  3.    Site-development fill for recreational,
             industrial, commercial, residential, and other uses;

                  4.    Causeways or road fills;

                  5.    Dams and dikes;

                  6.    Artificial islands;

                  7.    Property protection or reclamation devices, or
             both, such as riprap, groins, seawalls, breakwaters, and
             revetments;

                  8.    Beach nourishment;

                  9.    Levees;

                  10. Fill for structures such as sewage treatment
             facilities, intake and outfall pipes associated with power
             plants and subaqueous utility lines; and

                  11. Artificial reefs.


                  "Disturbance of the water level or water table" a term
             used to define regulated activity in N.J.A.C. 7:7A-2.3(a)2,
             means the alteration of the existing elevation of
             groundwater or surface water, regardless of duration of such
             alteration, by:

                  1.    Adding or impounding a sufficient quantity of
             stormwater or water from other sources to modify the
             existing vegetation, values or functions of the wetland; and

                  2.    Draining, ditching or otherwise causing the
             depletion of the existing groundwater or surface water
             levels such that the activity would modify the existing
             vegetation, values or functions of the wetland.

                  "Ditch" means a linear topographic depression with bed
             and banks of human construction which conveys water to or
             from a site. This does not include channelized or redirected
             natural water courses.

                  "Documented habitat for threatened or endangered
             species" shall mean areas for which:

                  1.    There is recorded evidence of past use by a
             threatened or endangered species of flora or fauna for



                                      A-1   5









              breeding, resting or feeding. Evidence of past use by a
              species may include, but is not limited to, sightings of the
              species, or of its sign (for example, skin, scat, shell,
              track, nest, herbarium records, etc.), as well as
              identification of its call; and

                   2.   The Department makes the finding that the area
              remains suitable for use by the specific documented
              threatened or endangered species during the normal period(s)
              the species would use the habitat.

                   "Drainage" means active or passive methods for changing
              the hydrologic conditions of wetlands or State open water
              such as lowering groundwater or surface water levels through
              pumping, ditching, or otherwise altering water flow
              patterns.

                   "Dredging" means removal of wetlands or State open
              water soils or sediments through use of mechanical,
              hydraulic, or pneumatic tools or other means.

                   "Dredged material" means material that is excavated or
              dredged from waters of the United States.

                   "Dumping" means the discharge, placement or abandonment
              of solid, semi-solid or liquid materials.

                   "Element" means the Land Use Regulation Element.

                   "Envi ronmental commission" means a municipal advisory
              body created pursuant to P.L. 1968, c.245 (N.J.S.A. 40:56A-1
              et@seq.).

                   "EPA priority wetlands" means wetlands which are
              designated as priority wetlands by EPA. The "Priority
              Wetlands List for the State of New Jersey" is available from
              the Office of Maps and Publications listed at N.J.A.C. 7:7A-
              1.3.


                   "Equal ecological value" means functional equivalency,
              including similar wildlife habitat, similar vegetative
              species coverage and density, equivalent flood water storage
              capacity, and equivalency of any other values or functions
              specific to a particular wetland.

                   "Established, ongoing farming, ranching or silviculture
              operations" means activities on areas subject to a farming,
              ranching or silviculture use as of June 30, 1988.
              Activities on areas lying fallow as part of a conventional
              rotational cycle are part of an established operation.
              Activities which bring an area into farming, silviculture,
              or ranching use are not part of an established operation.
              An operation ceases to be established when the area on which
              it was conducted has been converted to another use or has




                                       A-I  6









              lain idle so long that modifications to the hydrological
              regime are necessary to resume operations.

                   "Excavation" means to dig or remove soil, rocks, etc.,
              resulting in a change in site elevation.

                   "Federal 404 program" means the program regulating the
              discharge of dredged or fill materialspursuant to Section
              404 of the Federal Act.

                   "Fill" means the deposition of material (for example,
              soil, sand, earth, rock, concrete, pavement., solid material
              of any kind, etc.) into an area which changes the resultant
              elevation in relation to surface water or groundwater level.
              "Fill" also means the material deposited.

                   11FW11 means the general surface water classification
              applied to fresh waters in the Department's Surface Water
              Quality Standards, N.J.A.C. 7:9-4, and subsequent amendments
              thereto.

                   11FWl11 means those fresh waters that originate in and
              are wholly within Federal or State parks, forests, fish and
              wildlife lands, and other special holdings, that are to be
              maintained in their natural state of quality (set aside for
              posterity, and not subjected to any wastewater discharges of
              human origin), as designated in the Department's Surface
              Water Quality Standards, N.J.A.C. 7:9-4, and subsequent
              amendments thereto.

                   11FW211 means the general surface water classification
              applied in the Department's Surface Water Quality Standards,
              N.J.A.C. 7:9-4, and subsequent amendments thereto, to those
              fresh waters that are not designated as FWl or Pinelands
              Waters.


                   "Freshwater wetland" or wetland means an area that is
              inundated or saturated by surface water or groundwater at a
              frequency and duration sufficient to support, and that under
              normal circumstances does support, a prevalence of
              vegetation typically adapted for life in saturated soil
              conditions, commonly known as hydrophytic vegetation;
              provided, however, that the Department, in designating a
              wetland, shall use the three-parameter approach (that is,
              hydrology, soils and vegetation) enumerated in the 1989
              Federal Manual for Identifying and Delineating
              Jurisdictional Wetlands" , and any subsequent amendments
              thereto incorporated herein by reference. These include
              tidally influenced wetlands which are not defined as coastal
              wetlands pursuant to the Wetlands Act of 1970, N.J.S.A.
              13:9A-1 et seq.

                   "Freshwater wetlands permit" means a permit to engage
              in a regulated activity in a freshwater wetland issued




                                        A-I  7










              pursuant to the Act and this chapter.

                   "Harvesting" means physical measures employed directly
              upon farm, forest, or ranch crops within established
              agricultural and silvicultural lands to bring about their
              removal from farm, forest, or ranch land, but does not
              include the construction of farm, forest, or ranch roads or
              other engineering practices such as drainage which would
              alter the existing character of the farm, forest or ranch
              land.


                   "Head waters" means the point on a non-tidal stream
              above which the average annual flow is less than five cubic
              feet per second. The Department may estimate this point
              from available data by using area annual precipitation, area
              drainage basin maps, and the average annual runoff
              coefficient, or by similar means. For streams that are dry
              for long periods of the year, the Department may establish
              headwaters as that point of the stream where flow of five
              cubic feet per second is exceeded 50 percent of the time.

                   "Hydric soils" means a soil that in its undrained
              condition is saturated, flooded, or ponded long enough
              during the growing season to develop anaerobic conditions
              that favor the growth and regeneration of hydrophytic
              vegetation. These soils may be on New Jersey's official
              List of Hydric Soils developed by the United States
              Department of Agriculture Soil Conservation Service and the
              United States Fish and Wildlife Service National Wetlands
              Inventory, in "The Wetlands of New Jersey" 1985, published
              by the United States Fish and Wildlife Service or in the
              Federal Manual for Identifying and Delineating
              Jurisdictional Wetlands and amendments thereto. Alluvial
              land, as mapped by soil surveys, or other soils exhibiting
              hydric characteristics identified through field
              investigation as described in Part III, field indicators and
              other available information of the "Federal Manual" may also
              be considered a hydric. soil for the purposes of wetland
              classification. Also, wet phase of somewhat poorly drained
              soils not on New Jersey's Official List of Hydric Soils may
              also, on occasion, be associated with a wetland and
              therefore for the purposes of this Act shall be considered a
              hydric soil.

                   "Hydrophytell means plant life adapted to growth and
              reproduction under periodically saturated root zone
              conditions during at least a portion of the growing season.
              A listing of these plants can be found in the "National List
              of Plant Species that Occur in Wetlands: 1988-New Jersey"
              and amendments thereto, compiled by the USFWS, United States
              Army Corp of Engineers (Corps), USEPA and the United States
              Soil Conservation Service.

                   "Individual permit" means a permit issued pursuant to




                                        A-I 8












             N.J.A.C. 7:7A-3.


                  "Intermittent stream" means surface water drainage
             channels with definite bed and banks in which there is not a
             permanent flow of water. Most intermittent streams are
             shown on Soil Conservation Service county soil surveys.

                  "Isolated wetlands or isolated State open waters" means
             a freshwater wetland or State open water which is not
             connected to a surface water tributary system discharging
             into a lake, pond, river, stream or other surface water
             feature. The term "connected to" includes all surface water
             connections whether regulated or not, as well as connections
             by way of stormwater or drainage pipes. "Connected to" does
             not include a groundwater connection nor does it include
             overland flow unless there isevidence of scouring or
             erosion.

                  "Lake, pond, or reservoir" means any impoundment,
             whether naturally occurring or created in whole or in part
             by the building of structures for the retention of surface
             water.

                  "Letters of interpretation" are letters issued by the
             Department for the purpose of indicating the presence or
             absence of wetlands, State open waters, or transition areas
             (see N.J.A.C. 7:7A-8); for the purpose of verifying or
             delineating the boundaries of freshwater wetlands, State
             open waters, transition areas; or to obtain awetland
             resource value classification.

                  "Linear development" means land uses such as roads,
             drives, railroads, sewerage and stormwater management pipes,
             gas and water pipelines, electric, telephone and other
             transmission lines and the rights-of-way therefor, the basic
             function of which is to connect two points. Linear
             development shall not mean residential, commercial, office,
             or industrial buildings, improvements within a development
             such as utility lines or pipes, or internal circulation
             roads.

                  "Major discharge" means:

                  1.   Discharges of dredged or fill material into areas
             identified by the Department, in consultation with USEPA,
             the Corps and the USFWS, which could have the following
             impacts:

                  i.   Significant adverse effects on freshwater wetlands
             or State open waters which are unique for a particular
             geographic region;

                  ii. Significant reductions in the ecological,
             commercial, or recreational values of more than five acres



                                       A-I 9










              of a freshwater wetland or State open water; or

                   iii. Affects to a federally listed or proposed
              endangered or threatened species;

                   2.   Wetland fills involving more than 10,000 cubic
              yards of material.

                   "Maximum extent practicable" means to the maximum
              extent after weighing, evaluating and interpreting
              alternatives to protect the ecological integrity of a
              wetland or State open water.

                   "Mitigation" means activities carried out pursuant to
              N.J.A.C. 7:7A-14 in order to compensate for freshwater
              wetlands or State open waters loss or disturbance caused by
              regulated activities.

                   "Offsitell means the area not onsite.

                   "Onsitell means the area located within the legal
              boundary of the property or properties on which the
              regulated activity or activities are proposed, are
              occurring, or have occurred' as set forth in the deed for
              that area, plus any contiguous land owned by the same person
              as set forth in the deed or deeds for that contiguous land,
              as these boundaries existed on July 1, 1988 or on the date
              of submission of the application-if lots and blocks were
              merged subsequent to July 1, 1988.

                   "Open water fill permit" means the type of New Jersey
              Pollution Discharge Elimination System permit issued
              pursuant to this chapter and N.J.S.A. 58:10A-1 et seq.,
              which governs the discharge.of dredged or fill material into
              State open waters.

                   "Ordinary high water mark" means that line on the shore
              established by the fluctuations of water and indicated by
              physical characteristics such as clear, natural line
              impressed on the bank, shelving, changes in the character of
              soil, destruction of terrestrial vegetation, presence of
              litter and debris, or other appropriate means that consider
              the characteristics of the surrounding areas.

                   "Permit" means an approval to engage in a regulated
              activity in a freshwater wetland, or State open water,
              issued pursuant to the Act and this chapter.

                   "Person" means an individual, corporation, partnership,
              association, the Federal government, the State,
              municipality, commission or political subdivision of the
              State or any interstate body.

                   "Pilings" means timber, metal, concrete or other



                                        A-I 10









             similar structures driven, dropped, poured, or placed to
             support a vertical load.

                  "Placing of obstructions" means to deposit, construct,
             install or otherwise situate any obstacle which will affect
             the values or functions of a freshwater wetland.

                  "Plowing" means all forms of primary tillage, including
             moldboard, chisel, or wide-blade, plowing, discing,
             harrowing, and similar physical means utilized on farm,
             forest or ranch land for the breaking up, cutting, turning
             over, or stirring of soil to prepare it for the planting of
             crops. The term does not include the redistribution of
             spoil, rock, sand, or other surficial materials in a manner
             which changes any area of wetlands to dry land. For
             example, the redistribution of surface materials by blading,
             grading, or other means to fill in wetland areas is not
             plowing. Rock crushing activities which result in the loss
             of natural drainage characteristics, the reduction of water
             storage and recharge capabilities, or the overburden of
             natural water filtration capacities do not constitute
             plowing. Plowing will never involve a discharge of
             material. .


                  "Practicable alternative" means other choices available
             and capable of being carried out after taking into
             consideration cost, existing technology, and logistics in
             light of overall project purposes, and may require an area
             not owned by the applicant which could reasonably have been
             or be obtained, utilized, expanded, or managed in order to
             fulfill the basic purpose of the proposed activity

                  "Preliminary approval." means the conferral of certain
             rights pursuant to N.J.S.A. 40:55D-46,48 and 49 prior to
             final approval after specific elements of a development plan
             have been agreed upon by the planning board and the
             applicant.

                  "Property" means the area contained within the legal
             boundary as defined by municipal block and lot, or right-of-
             way description as set forth in the deed for that area.

                  "Public hearing" means an administrative non-
             adversarial type hearing before a representative or
             representatives of the Department providing the opportunity
             for public comment, but does not include cross-examination.

                  "Redevelopment" means the construction of structures or
             improvements on or below impervious surfaces such as
             buildings, asphalt, concrete, and other materials which will
             not allow infiltration of liquids, legally existing in the
             transition area prior to July 1, 1989.

                  "Regulated activity" means any of the activities



                                      A-I   11











              defined at N.J.A.C. 7:7A-2.3.

                   "Seeding" means the sowing of seed and placement of
              seedlings to produce farm, ranch, or forest crops and
              includes the placement of soil beds for seeds or seedlings
              on established farm and forest lands.

                   "Significant adverse impact" shall be deemed to exist
              where it is determined that a modification of a wetland will
              negatively affect the ecological integrity of the wetland
              and its biotic components.   Such modifications may include,
              but are not limited to:

                   1.   An alteration of the water table or hydrologic
              patterns in the wetland oi@ its subwatershed;

                   2.   An increase in erosion resulting in increased
              sedimentation in the wetland or State open water;

                   3.   A change in the natural chemistry of the ground or
              surface water in the wetland;

                   4.   A loss of wetland habitat;

                   5.   A reduction in wetland habitat diversity;

                   6.   A change in wetlands species composition; or

                   7.   A significant disturbance of areas used by
              indigenous and migratory wildlife for breeding, nesting, or
              feeding.

                   "Silviculture" means the planting, cultivating and
              harvesting by cutting or digging, of Christmas trees or
              nursery stock. After harvesting, new seedings are replanted
              for a future crop. For the purposes of this Chapter,
              I'siliviculturell does not include foresty activities such as
              the production of lumber products or firewood.

                   "Special aquatic site" means any site described in
              subpart E of the 404(b)(1) guidelines (40 C.F.R. 230 et
              seq., or any amendments thereto), with the exception of
              freshwater wetlands which, for the purposes of this chapter
              shall not be considered special aquatic sites.

                   "State Forester" means the chief forester employed by
              the Department.

                   "State open waters" means those waters of the United
              States within the boundary of the State or subject to its
              jurisdiction that are not wetlands as defined in this
              section.

                   "Swale" means a linear topographic depression, either




                                       A-I  12









             naturally occurring or of human construction, which drains
             less than 50 acres. Swales are wetland features meeting the
             three parameter approach, do not have distinguishable bed
             and banks and are not intermittent streams. A swale can not
             be within a larger wetland complex, nor is it an undulation
             in the boundary of a wetland complex. A swale is a natural
             or human-made featuref which has formed or was constructed
             in uplands to convey surface water runoff from the
             surrounding upland areas. The definition of swales
             generally does not include wetland features over 50 feet in
             width at the widest point which are considered by the
             Department to be independent wetland features.

                  "Threatened or endangered species" shall be those
             species identified pursuant to the Endangered and Nongame
             Species Conservation Act, N.J.S.A. 23:2A-1 et seq., or those
             identified pursuant to the Endangered Species Act of 1973,
             16 U.S.C. Sï¿½1531 et al. and subsequent amendments thereto.

                  "Tidal waters" means fresh or saline waters under tidal
             influence, up to the head of the tide.

                  "Transition area waiver" means a waiver issued by the
             Department to engage in any of the prohibited activities
             enumerated at N.J.A.C. 7:7A-6.2(a) in a transition area
             issued by the Department pursuant to the Act and this
             chapter. A transition area waiver may be issued by the
             Department in the transition area adjacent to either a
             freshwater wetlands of exceptional or intermediate resource
             value and may take one of the following forms:

                  1.   Transition area waiver, Reduction. This waiver
             may be approved on the basis of a finding of no substantial
             impact or if the waiver is necessary to avoid an
             extraordinary or substantial hardship as defined at N.J.A.C.
             7:7A-7.2(g) or 7.3(f) respectively. The waiver would result
             in a reduction in the standard width of a transition area
             without requiring an expansion of the remaining transition
             area for compensation;

                  2.   Transition area waiver, Special Activities. This
             waiver may be issued to approve the partial elimination of
             the standard transition area, without requiring an expansion
             of the remaining transition area for compensation for the
             special activities set forth below:

                  i.   Stormwater management facilities as defined at
             N.J.A.C. 7:7A-7.4(b)l;

                  ii. Linear development as defined at N.J.A.C. 7:7A-
             1.4;

                  iii. Activities permitted under the specific Statewide
             general permits listed at N.J.A.C. 7:7A-7.4(e). The



                                      A-I  13









              Statewide general permits themselves are set forth at
              N.J.A.C. 7:7A-9.2(a); or

                   iv. Activities defined as redevelopment pursuant to
              N.J.A.C. 7:7A-7.4(f); or

                   3.    Transition area waiver, Averaging Plan. This
              waiver may be issued to approve a plan to modify the overall
              shape of the standard transition area without reducing the
              total square footage of the standard transition area.

                   "Trout production waters" (TP) means water designated
              in the Department's Surface Water Quality Standards N.J.A.C.
              7:9-4, for use by trout for spawning or nursery purposes
              during their first summer.

                   11USEPA11 (EPA) means the United States Environmental
              Protection Agency.

                   11USFWS11 means the United States Department of the
              Interior, Fish and Wildlife Service.

                   11USGS11 means the United States Geologic Survey.

                   "Water-dependent uses" means development that cannot
              physically function without direct access to the body of
              water along which it is proposed. Uses, or portions of
              uses, that can function on sites not adjacent to the water
              are not considered water dependent regardless of the
              economic advantages that may be gained from a waterfront
              location.

                   "Watershed" means the smallest drainage area of a
              specific creek, stream, river, pond, lake or other surface
              water body within which a particular site is located.

                   "Waters of the United States" means:

                   1.    All waters which are currently used, were used in
              the past, or may be susceptible to use in interstate or
              foreign commerce, including all waters which are subject to
              the ebb and flow of the tide;

                   2.    All interstate waters including interstate
              wetlands;

                   3.    All other waters such as intrastate lakes, rivers,
              streams (including intermittent streams), wetlands,
              mudflats, sandflats, sloughs, wet meadows, or natural ponds
              the use, degradation, or destruction of which would affect
              or could affect interstate orforeign commerce including any
              such waters:


                   i.    Which are or could be used by interstate or




                                        A-1  14









             foreign travelers for recreational or other purposes;

                  ii. From which fish or shellfish are or could be taken
             and sold in interstate or foreign commerce;

                  iii. Which are used or could be used for industrial
             purposes by industries in interstate commerce;

                  iv. Which are or would be used as habitat by birds
             protected by Migratory Bird Treaties;

                   v. Which are or would be used as habitat by other
             migratory birds which cross state lines;

                  vi. Which are or would be used as habitat for
             endangered and threatened species; or

                  vii. Which are used to irrigate crops sold in
             interstate commerce:

                  4. All impoundments of waters otherwise defined as
             waters of the United States under the definition;

                  5. Tributaries of waters identified in paragraphs 1
             through 4 of this definition;

                  6. The territorial seas;

                  7. Wetlands adjacent to waters identified in paragraphs
             1 through 6 of this definition other than those that are
             themselves wetlands.

                  The following waters are generally not considered
             "waters of the United States". However, the right is
             reserved to determine on a case by case basis, if particular
             watercourses or waterbodies are "waters of the United
             States":

                  1. Non-tidal drainage and irrigation ditches excavated
             on dry land;

                  2. Artificially irrigated areas which would revert to
             upland if the irrigation ceased;

                  3. Artificial lakes or ponds created by excavating
             and/or diking dry land to collect and retain water and which
             are used exclusively for such purposes as stock watering,
             irrigation, settling basins, or rice growing;

                  4. Artificial reflecting or swimming pools or other
             small ornamental bodies of water created by excavating
             and/or diking dry land to retain water for primarily
             aesthetic reasons;





                                      A-1  15









                   5. Waterfilled depressions created in dry land
              incidental to construction activity and pits excavated in
              dry land for the purpose of obtaining fill, sand, or gravel
              unless and until the construction or excavation operation is
              abandoned and the resulting body of water meets the above
              definition of "waters of the United States";

                   6. Waste treatment systems, including treatment ponds
              or lagoons designed to meet the requirements of the CWA
              (other than cooling ponds); and

                   7. Erosional channels less than two feet wide and six
              inches deep in upland areas resulting from poor soil
              management practices.

                   "Water Quality Certification (WQC)II is the
              determination that the Department shall make pursuant to
              Section 401 of the Federal Act and N.J.S.A. 58:10A-1 et seq.
              in the evaluation of a proposed activity which requires a
              Federal license or permit.

              7:7A-1.5 Severability

                   If any subchapter, section, subsection, provision,
              clause, or portion of this chapter, or the application
              thereof to any person, is adjudged unconstitutional or
              invalid by a court of competent jurisdiction, such judgment
              shall be confined in its operation to the subchapter,
              section, subsection, provision, clause, portion, or
              application directly involved in the controversy in which
              such judgment shall have been rendered and it shall not
              affect or impair the remainder of this chapter or the
              application'thereof to other persons.

              7:7A-1.6 Other statutes and regulations

                   (a) The powers, duties and functions vested in the
              Department under the provisions of the Act or this chapter
              shall not be construed to limit in any manner the powers,
              duties and functions vested therein under any other
              provisions of law except as specifically set forth in this
              chapter.

                   (b) The Act, on and subsequent to July 1, 1988, shall
              supersede any law or ordinance enacted prior to July 1, 1988
              by any municipality, county, or political subdivision
              thereof, regulating freshwater wetlands except to the extent
              that such law or ordinance regulates or requires a
              transition area. Local laws and ordinances governing
              transition areas shall remain in effect until July 1, 1989,
              at which time the transition area provisions of the Act
              shall supersede such local laws and ordinances. With the
              exception of political subdivisions under the jurisdiction
              of the Pinelands Commission, no municipality, county, or




                                      A-I   16









             political subdivision thereof shall enact, after July 1,
             1987, any law, ordinance, or rule or regulation requiring a
             transition area adjacent to a freshwater wetland.

                  (c) This section shall not, however, preclude
             municipal advice to the Department concerning letters of
             interpretation pursuant to N.J.A.C. 7:7A-8.5. .

                  (d) This chapter shall not preempt pre-existing State
             regulatory programs which affect regulated activities in
             freshwater wetlands, including but not limited to Coastal
             Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 et seq.,
             the Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et
             seq., and State approved municipal water quality management
             plans. These programs will continue to regulate based on
             the concerns covered by their respective enabling statutes
             and rules, and may, through such regulation, have some
             impact on projects in freshwater wetlands. However, except
             pursuant to (e) below, those programs will not use
             freshwater wetlands concerns as a basis for regulation, and
             any such regulation by these programs of projects in
             freshwater wetlands will be limited to that based on other
             (for example, flood danger) concerns.

                  (e) If a proposed project does not involve a
             freshwater wetland or State open water, does not constitute
             a regulated activity, or is otherwise exempt from the
             provisions of the Act and this chapter, the final decision
             on the application shall be based solely on the requirements
             of other applicable permit programs. For projects exempted
             under the Act and this chapter's wetlands requirements under
             N.J.A.C. 7:7A-2.7(d) or (g), the final decision on the
             application will be based on the requirements of other
             applicable permit programs as they existed on June 30, 1988.

             7:7A-1.7 Effective and operative dates

                  This chapter with the exception of N.J.A.C. 7:7A-6 and
             7 became effective June 6, 1988, and became operative on
             July 1, 1988. N.J.A.C. 7:7A-6 and 7 became operative on
             July 1, 1989.

             SUBCHAPTER 2. APPLICABILITY


             7:7A-2.1 Jurisdiction

                  (a) This chapter shall apply to all regulated
             activities within the State of New Jersey, except as
             specifically provided in this chapter. This chapter shall
             also apply to any discharge of dredged or fill material into
             State open waters which are not freshwater wetlands.
  40              (b). A person proposing to engage in a regulated
             activity in a wetland shall apply to the Department for a



                                      A-I  17









             Statewide general permit authorization or an Individual
             freshwater wetlands permit, and a person proposing to
             discharge dredged or fill material into State open waters
             shall apply to the Department for a Statewide general permit
             authorization or an Individual open water fill permit. The
             discharge of dredged or fill material in a State open water
             or wetland may also need a stream encroachment permit
             pursuant to the Flood Hazard Area Control Act N.J.S.A
             58:16A-50 et seq. or a Water Quality Certification.

                   (c) An agency of the State proposing to engage in a
             regulated activity shall apply to the Department for a
             freshwater wetlands permit but shall not be required to pay
             a fee therefor. An agency of the State proposing to
             discharge dredged or fill material into State open waters
             shall apply for an open water fill permit, but shall not be
             required to pay a fee therefor.

                   (d) Where a proposed project requires more than one
             permit from the Element, the Element will require the
             submittal of only one application, but that application
             shall comply with the requirements of each applicable permit
             program including all fee requirements. This provision does
             not preclude an applicant from submitting separate
             applications if the timing or magnitude of a project
             requires it.

                   (e) Where a proposed project requires more than one
             permit from the Element, applicants are strongly encouraged
             to apply for all required permits at one time. In most
             cases this will allow the Department to issue joint permits.

             7:7A-2.2 Subchapters which apply to freshwater wetlands
             permits or open water fill permits.

                   (a) Any person proposing to engage in a regulated
             activity in a freshwater wetlands or State open water shall
             comply with the provisions of subchapters 1 (General
             information), 2 (Applicability), 3 (General standards for
             granting individual freshwater wetlands and open water fill
             permits), 5 (Emergency permits), 6 (Transition areas), 7
             (Transition area waivers), 8 (Letters of Interpretation), 9
             (General permits), 10 (Pre-application conferences), 11
             (Application procedure), 12 (Review of applications), 13
             (Permit contents), 14 (Mitigation), 15 (Enforcement), and
             16 (Fees) of this chapter.





                                                                               is






                                      A-I  18









              7:7A-2.3 Regulated activities

                   (a) The following activities in a freshwater wetland
              are regulated pursuant to the Act and are subject to the
              requirements of this chapter as set forth in N.J.A.C. 7:7A-
              2.2:

                   1.   The removal, excavation, disturbance or dredging
              of soil, sand, gravel, or aggregate material of any kind;

                   2.   The drainage or disturbance of the water level or
              water table;

                   3.   The dumping, discharging or filling with any
              materials;

                   4.   The driving of pilings;

                   5.   The placing of obstructions; or

                   6.   The destruction of plant life which would alter
              thecharacter of a freshwater wetland, including the cutting
              of trees except the approved harvesting of forest products
              pursuant to N.J.A.C. 7:7A-2.7(b).

                   (b) The term "regulated activity" shall also mean the
              discharge of dredged or fill material into State open
              waters.

                   (c) For the purposes of this Chapter the following
              activities are not considered to result in the alteration of
              the character of a freshwater wetland:

                    1. surveying or wetlands investigation activities,
              for the purpose of establishing or reestablishing a boundary
              line or points, which use only hand held equipment and do
              not involve the use of motorized vehicles to either clear
              vegetation or extract soil borings. The clearing of
              vegetation along the survey line or around the survey points
              shall not exceed three feet in width or diameter
              respectively and shall not be kept clear or maintained once
              the survey or delineation is completed; and

                    2. The placement of temporary structures (those not
              requiring permanent foundations nor the deposition of fill
              material) not to exceed 32 square feet for the purposes of
              observing or harvesting fish or wildlife. These activities
              include the construction  of observation or waterfowl blinds
              and the placement of traps.









                                        A-I  19









              7:7A-2.4 Designation of freshwater wetlands

                   (a) The designation of freshwater wetlands shall be
              based upon the three-parameter approach (that is, hydrology,
              soils and vegetation) enumerated in the "Federal Manual for
              Identifying and Delineating Jurisdictional Wetlands" , and
              any subsequent amendments thereto.

                   (b) The three-parameter approach is a methodology for
              determining, in a consistent and repeatable manner, the
              presence of wetlands and the boundaries of wetlands. It
              requires careful consideration of such factors as vegetative
              species composition, saturated soil conditions, depth to
              seasonal high water table and the presence or absence of
              hydrologic indicators.

                   (c) To aid in determining the presence or absence of
              freshwater wetlands, the Department may refer to any of the
              following sources of information:

                   1. New Jersey Freshwater Wetlands maps (as they become
              available);

                   2. United States Department of Agriculture Soil
             .Surveys;

                   3. United States Fish and Wildlife Service National
              Wetlands Inventory (NWI) Maps;

                   i.   NWI maps shall be used to indicate the approximate
              location of some freshwater wetlands;

                   ii. NWI maps have been determined to be unreliable for
              the purposes of locating the actual wetlands boundary;

                   4. United States Geologic Survey topographic maps;

                   5. Letters submitted by applicants containing site
              specific data;

                   6. Comments filed by municipal and county governments
              and interested citizens; and

                   7. Comments filed by State or Federal agencies.

                   (d) Vegetative species classified as hydrophytes and
              indicative of freshwater wetlands shall include but not be
              limited to those plants listed in "National List of Plant
              Species that Occur in Wetlands: 1988-New Jersey", compiled
              by the United States Fish and Wildlife Service in
              ,cooperation with the United States Army Corps of Eng.@neers,
              USEPA, and the United States Soil Conservation Service, and
              any subsequent amendments thereto.




                                       A-I   20









                  (e) The Department is developing functional, complete,
             and up-to-date composite freshwater wetlands maps and
             inventory at-a scale of 1:12000 to provide guidance for
             freshwater wetlands general informational purposes. These
             maps do not supersede wetland delineations which have been
             accepted and approved by DEPE for a specific site. The
             Department will make appropriate sections of this map and
             inventory available on a periodic basis to the county clerk
             or register of deeds and mortgages in each county, as
             appropriate, and to the clerk of each municipality.

                  (f) When available, the up-to-date composite
             freshwater wetlands map and inventory shall be used to
             locate wetlands as definitively as is practicable, as an
             informational tool in advising the public of the approximate
             extent and location of wetlands, and in preparing some
             letters of interpretation. However, exact delineation of
             wetlands boundaries is required, and measurements shall be
             made in accordance with the three parameter approach.

             7:7A-2.5 Classification of freshwater wetlands by resource
             value

                  (a) Freshwater wetlands shall be divided into three
             classifications based on resource value. The classification
             of a particular wetland shall be a factor in, among other
             things, considering alternatives to the proposed regulated
             activity, in determining the size of the transitionarea,
             and in assessing mitigation.

                  (b) Freshwater wetlands of exceptional resource value
             shall be freshwater wetlands which exhibit any of the
             following characteristics.

                  1.   Those which discharge into FW-1 waters or FW-2
             trout production (TP) waters or their tributaries; or

                  2.   Those which are present habitats for threatened or
             endangered species, or those which are documented habitats
             for threatened or endangered species, and which remain
             suitable for breeding, resting, or feeding by these species
             during the normal period these species would use the
             habitat.

                  i.   An applicant shall have the opportunity to request
             of the Department that a documented habitat not result in
             the classification of a freshwater wetland as a freshwater
             wetland of exceptional resource value if the applicant can
             demonstrate the long-term loss of one or more habitat
             requirements of the specific documented threatened or
             endangered species, including, but not limited to, wetlands
             size or overall habitat size, water quality, or vegetation
             density or diversity. Upon such a request, the Department
             shall review all available information, and shall make a



                                    A-I    21











              final classification of the wetland.

                    (c) Freshwater wetlands of ordinary value shall be
              freshwater wetlands which do not exhibit the characteristics
              enumerated in (b) above, and which are:

                    1.   Isolated wetlands which are more than 50 percent
              surrounded by development and less than 5,000 square feet in
              size.

                    i. For the purposes of this subsection, "development"
              shall mean the following uses that were legally existing
              prior to July 1, 1988 or were permitted under the Act:

                    (1) Lawns;            1

                    (2) Maintained landscaping;

                    (3) Impervious surfaces;

                    (4) Active railroad rights-of way; and

                    (5) Gravelled or stoned parking/storage areas and
              roads;

                    ii. For the purposes of this subsection, development
              must occupy more than 50 percent of the area within 50 feet
              of the wetland boundary in order for the wetland to meet the
              criterion of more than 50 percent surrounded by development.

                    2.   Drainage ditches;

                    3.   Swales; or

                    4.   Detention facilities.

                    (d)  Freshwater wetlands of intermediate resource value
              shall be  all freshwater wetlands not defined as exceptional
              or ordinary.

                    (e) The classification system established under this
              section shall not restrict the Department's authority to
              require the creation or restoration of freshwater wetlands
              pursuant to the provisions of N.J.A.C. 7:7A-14.

              7:7A-2.6 Designation of State open waters

                    State open waters means those waters of the United
              States, as defined at N.J.A.C. 7:7A-1.4, within the boundary
              of the State or subject to its jurisdiction that are not
              wetlands as defined at N.J.A.C. 7:7A-1.4.

              7:7A-2.7 Activities exempted from permit requirement





                                       A-I    22









                  (a) The exemptions in (b) and (c) below shall not
             apply to any discharge of dredged or fill material into
             freshwater wetlands or State open water incidental to any
             activity which involves bringing an area of freshwater
             wetlands or State open waters into a use to which it was not
             previously subject, where the flow or circulation patterns
             of the freshwater wetlands or waters may be impaired, or the
             extent or values and functions of freshwater wetlands or
             State open waters is reduced.

                  (b) Subject to the limitations of this section, the
             following activities, when part of an established, ongoing
             farming, ranching or silviculture operation, on properties
             which have received or are eligible for a farmland
             assessment, are exempt from the requirement of a freshwater
             wetlands permit, open water fill or transition area permit:

                  1.   Normal farming, silviculture, and ranching
             activities such as plowing, seeding, cultivating, minor
             drainage, harvesting for the production of food and fiber,
             or soil and water conservation practices;

                  i.   For the purposes of this paragraph "Minor
             drainage" means:

                  (1) The discharge of material incidental to connecting
             upland drainage facilities to adjacent wetlands, adequate to
             effect the removal of excess soil moisture from upland
             croplands;

                  (2) The discharge of material for the purpose of
             installing ditching or other such water control facilities
             incidental to planting, cultivating, protecting, or
             harvesting of rice, cranberries or other wetland crop
             species, where these activities and the discharge occur in
             waters which are in established use for such agricultural
             and silvicultural wetlands crop production;

                  (3) The discharge of material for the purpose of
             manipulating the water levels of, or regulating the flow or
             distribution of water within existing impoundments which
             have been constructed in accordance with applicable
             requirements of the Federal Act and which are in established
             use for the production of rice, cranberries, or other
             wetland crop species; or

                  (4) The discharge of material incidental to the
             emergency removal of sandbars, gravel bars, or other similar
             blockages which are formed during flood flows or other
             events, where such blockages close or constrict previously
             existing drainageways and, if not promptly removed, would
             result in damage to or loss of existing crops on land in
             established use for crop production. Such removal does not
             include enlarging or extending the dimensions of, or




                                     A-I   23









              changing the bottom elevations of, the affected drainageway
              as it existed prior to the formation of the blockage
              Removal must be accomplished within one year of form;tion of
              such blockages in order to be eligible for exemption under
              this paragraph.

                   (5) Minor drainage in wetlands is limited to drainage
              within areas that are part of an established farming or
              silvicultural operation. It does not include drainage
              associated with the immediate or gradual conversion of a
              wetland to a non-wetland (for example, wetlands species to
              upland species not typically adapted to life in saturated
              soil conditions), or conversion from one wetland to another
              (for example, silviculture to farming). In addition, minor
              drainage does not include the construction of any canal,
              ditch,.dike or other waterway or structure which drains or
              otherwise significantly modifies a stream, lake, swamp, bog
              or any other wetland or aquatic area. Any discharge of
              dredged or fill material into the wetlands or State open
              waters incidental to the construction of any such structure
              or waterway requires & freshwater wetlands or State open
              water permit, and will not be considered minor drainage.

                   2.   Construction or maintenance of farm or stock ponds
              or irrigation ditches, or the maintenance of drainage
              ditches, provided that such facilities are for farming
              ranching or silvicultural purposes and do not constitute a
              change in use. Any spoil from pond construction or
              maintenance must be placed outside the freshwater wetlands
              unless it is needed for the structural or environmental
              integrity of the pond;

                   3.   Construction or maintenance of farm roads or
              forest roads constructed and maintained in accordance with
              best management practices (BMPs) to assure that flow and
              circulation patterns and chemical and biological
              characteristics of freshwater wetlands and State open waters
              are not impaired and that any adverse effect on the aquatic
              environment will be minimized. Where the proposed discharge
              will result in significant discernible alterations to flow
              or circulation, the presumption is that flow or circulation
              may be impaired by such alteration. Roads constructed for
              forestry and silviculture purposes shall be constructed
              using temporary mats whenever practicable. All roads
              employing the placement of fill shall be removed once the
              land use changes from forestry to another use.

                   (c) Normal harvesting of forest products in accordance
              with a forest management plan approved by the State Forester
              is exempt from the requirement of a freshwater wetlands
              permit or open water fill permit, subject to the limitations
              of this section.

                   (d) Subject to the limitations of this section, the



                                      A-I   24









             following are exempt from the requirement of the Act until
             the State assumes the Federal 404 program. These activities
             may need Federal 404 permits and/or a WQC:

                  1.   Projects for which preliminary site plan or
             subdivision applications have received formal preliminary
             approvals from local authorities pursuant to the "Municipal
             Land Use Law," N.J.S.A. 40:55D-1 et seq., prior to July 1,
             1988 provided those approvals remain valid under the
             Municipal Land Use Law. This excludes approvals which were
             given prior to the August 1, 1976 effective date of the
             Municipal Land Use Law;

                  2.   Projects for which preliminary site plan or
             subdivision applications as defined in N.J.S.A. 40:55D-1 et
             seq. have been submitted to the local authorities prior to
             June 8, 1987 and subsequently approved. If a project meets
             all criteria under this subsection to qualify for an
             exemption, except that the project has not yet received
             municipal approval, the Department will issue a letter
             certifying that the qualifying application was filed prior
             to June 8, 1987 and the project will receive an exemption
             upon receipt of preliminary approval from the municipality;

                  3.   Projects for which permit applications have been
             approved and Individual permits have been issued by the
             United States Army Corps of Engineers prior to July 1, 1988,
             for projects which would otherwise be subject to State
             regulation on or after July 1, 1988. Such project shall be
             governed only by the Federal Act, and shall not be subject
             to any additional or inconsistent substantive requirements
             of the Act; provided, however that upon the expiration of a
             permit issued pursuant to the Federal Act any application
             for a renewal thereof shall be made to the appropriate
             regulatory agency;

                  (e) The activities listed in (d)l and 2 above shall no
             longer be exempt from the requirement of a freshwater
             wetlands permit or open water fill permit if significant
             changes are made to the approved site or subdivision plan.
             A significant change will be deemed to have been made if,
             the change would void the preliminary approval. In
             addition, a significant change will be deemed to have been
             made if the change, while not voiding the approval, would
             require submittal to or approval of a new or amended
             application from the local authorities and

                  1. The change would result in a change in land use on
             the project site, for example from single family houses to
             multi-family units, or a golf course; or

                  2. The change in the project as approved by the local
             authorities, would result in more than a de minimus increase
             in impacts to freshwater wetlands, State open waters, or



                                      A-I  25











              transition areas.

                   (f) Projects for which preliminary site plan or
              subdivision applications have been approved prior to July 1,
              1989 shall not require transition areas.
                        I
                   (g) Activities authorized under United States Army
              Corps of Engineers Nationwide Permits prior to July 1, 1988
              shall not require a freshwater wetlands permit from the
              Department provided the property owner can demonstrate that
              a Nationwide Permit provided authorization for a particular
              site and use prior to July 1, 1988.

                   (h) If any discharge of dredged or fill material
              resulting from the activities exempted by this section
              contains any toxic pollutant listed under section 307 of the
              CWA, such discharge shall be subject to any applicable toxic
              effluent standard or prohibition, and shall require a
              freshwater wetlands or open water fill permit.

                   (i) If the USEPA's regulations providing for the
              delegation to the State of the Federal wetlands program
              conducted pursuant to section 404 of the Federal Act require
              a permit for any of the activities exempted by this section,
              the Department shall require a permit for those activities
              so identified by the USEPA upon assumption of the Federal
              program. The exemptions in (d) 1 and 2 and (f) above shall
              be void as of the date of assumption by the Department of
              the Federal 404 program unless all requisite permits or
              concurrences with Federal permits were received from the
              United States Army Corps of Engineers prior to July 1, 1988
              and remain valid, in which case the exemption will still be
              valid. Upon expiration of a permit issued by the Federal
              Act any application for renewal shall be made to the
              appropriate regulatory agency. The Department shall not
              require the establishment of a transition area as a
              condition of any renewal of a permit issued pursuant to the
              Federal Act prior July 1, 1988.

              7:7A-2.8 Geographic areas exempted from freshwater wetlands
              permit requirement

                   (a) Regulated activities in the following geographic
              areas shall not require a freshwater wetlands permit, State
              open water fill or transition area permit, but may require a
              Federal 404 permit. However, upon assumption of the 404
              program, the discharge of dredged or fill material into
              Waters of the United States in the following areas may
              require a 404 permit or a Water Quality Certificate:

                   1. Areas under the jurisdiction of the Hackensack
              Meadowlands Development commission pursuant to N.J.S.A.
              13:17-1 et seq.; and





                                      A-I   26









                    2. Areas under the jurisdiction of the Pinelands
              Commission pursuant to N.J.S.A. 13:18A-1 et seq. In
              addition, the Pinelands Commission may provide for more
              stringent regulation of activities in and around freshwater
              wetland areas within its jurisdiction.

                    (b) Activities in tidally influenced wetlands which are
              defined as coastal wetlands pursuant to the Wetlands Act of
              1970, N.J.S.A. 13:9A-1 et seq, shall not require a
              freshwater wetlands or open water fill permit.

              7:7A-2.9 Exemption letters

                    (a) A person may obtain a letter from the Department
              certifying that an activity is exempt from the Act and this
              chapter. The letter will be based on the information
              required by this section, and will be void if the
              information submitted is not complete and accurate, if the
              approval upon which it was based becomes invalid for any
              reason, or if the activity is not carried out as represented
              in the submittal(s) to the Department upon which the letter
              is based. This exemption will remain valid for the duration
              of the approval upon which it was based or until the State's
              assumption of the Federal 404 program, whichever comes
              first.

                    (b) To obtain an exemption letter, the following shall
              be submitted:

                    1.   For a farming, silviculture or ranching exemption
              pursuant to N.J.A.C. 7:7A-2.7(a):

                    i.   Certification of farmland assessment eligibility
              (The Department will accept a copy of the applicantfs tax
              bill showing farmland assessment to document this
              requirement);

                    ii. A brief description of the activities, including
              the total area covered, the types of farming, silviculture,
              or ranching, best management practices currently employed or
              to be employed and the length of time the operation has been
              ongoing; and

                    iii. The fee specified in N.J.A.C. 7:7A-16.

                    2.   For a forest products harvesting exemption
              pursuant to N.J.A.C. 7:7A-2.7(c):

                    i.   A copy of a forest management plan approved by the
              State Forester which includes the size of the site, the
              length of time required to complete the project, and a brief
              description of the activities involved including the best
              management practices to be employed; and





                                         A-I  27









                        The fee specified in N.J.A.C. 7:7A-16.

                   3.   For a preliminary local approval exemption
              pursuant to N.J.A.C 7:7A-2.7(d) and a transition area
              exemption pursuant to N.J.A.C 7:7A-2.7(f):

                   i.   A folded copy of the preliminary local approval of
              the site plan or subdivision, including a copy of the site
              plan or subdivision itself and a copy of the resolution
              approving the site plan or subdivision;

                   ii.  The fee specified in N.J.A.C. 7:7A-16.

                   4.   For a site plan or subdivision application
              exemption pursuant to N.J.A.C. 7:7A-2.7(d)2:

                   i.   A copy of all of the application materials
              submitted to the municipality, proof that the municipality
              received them, and proof from the municipality that the
              application was under continuous consideration from the time
              of submittal (prior to June 8, 1987) to eventual preliminary
              approval or to the date of application to the Department for
              a letter of exemption. For the purposes of this subsection,
              "continuous consideration" shall mean that the application
              was either on the municipal board's agenda or was continued
              with the applicant's and the board's consent from the time
              of submittal until such time that a decision was made. An
              application that was withdrawn, or which received a final
              denial and subsequently resubmitted is not considered to be
              under "continuous consideration";

                   ii. A folded copy of the approved preliminary site
              plan or subdivision plat and a copy of the resolution
              approving the site plan or subdivision;

                   (1) If a preliminary site plan or subdivision approval
              has not yet been received, the applicant shall submit a
              folded copy of the preliminary site plan or subdivision plat
              as submitted to the municipality prior to June 8, 1987, see
              N.J.A.C. 7:7A-2.7(d)2; and

                   iii..The fee specified in N.J.A.C. 7:7A-16.

                   5.   For a Corps approved individual permit exemption
              pursuant to N.J.A.C. 7:7A-2.7(d)3:

                   i.   A copy of the valid Corps permit;

                   ii. A folded copy of a site plan showing all
              activities authorized by the Individual permit; and

                   iii. The fee specified in N.J.A.C. 7:7A-16.

                   6.   For an exemption letter under a Corps Nationwide



                                   I  A-I   28









             permit exemption pursuant to N.J.A.C. 7:7A-2.7(f),

                  i.   A copy of the valid Corps Nationwide permit
             authorization issued prior to July 1, 1988, or a copy of all
             information submitted to the Corps requesting authorization
             under an issued Nationwide permit, proof that the
             information was received by the Corps prior to June 10,
             1988, and received subsequent authorization;

                  (1) The Department may inspect the site to confirm
             that all of the activities included in the exemption request
             are authorized by the applicable nationwide permits.

                  ii. A folded copy of a site plan showing all
             activities authorized by the Nationwide permit and a
             statement regarding how each activity meets the criteria of
             the approved Nationwide permit; and

                  iii. The fee specified in N.J.A.C. 7:7A-16.

             7:7A-2.10 Hearings and appeals

                  The applicant or other affected party, if aggrieved by
             the Department's decision on a exemption request, may
             request a hearing on this decision pursuant to N.J.A.C.
             7:7A-12.7.


             SUBCRAPTER 3. GENERAL STANDARDS FOR GRANTING INDIVIDUAL
             FRESHWATER WETLANDS AND OPEN WATER FILL PERMITS


             7:7A-3.1 Requirements for granting individual freshwater
             wetland and open water fill permits

                  (a) The Department shall issue a freshwater wetlands
             or open water fill permit only if it finds that there is no
             practicable alternative to the proposed activity.

                  1.   An alternative shall be practicable if it is
             available and capable of being carried out after taking into
             consideration cost, existing technology, and logistics in
             light of overall project purposes.

                  2.   An alternative shall not be excluded from
             consideration under this provision merely because it
             includes or requires an area not owned by the applicant
             which could reasonably have been or be obtained, utilized,
             expanded, or managed in order to fulfill the basic purpose
             of the proposed activity.

             7:7A-3.2 Requirements for water-dependent activities

                  (a) The Department shall issue a freshwater wetlands
             or open water fill permit only if the proposed project meets
             the criteria at N.J.A.C. 7:7A-3.1 above and it finds that




                                     A-I   29









              the regulated activity is water-dependent or requires access
              to freshwater wetlands or State open waters as a central
              element of its basic function, and has no practicable
              alternative which would:

                   1.   Not involve a freshwater wetland or State open
              water; or

                   2.   Involve a freshwater wetland, or State open water
              but would have a less adverse impact on the aquatic
              ecosystem; and

                   3.   Not have other significant adverse environmental
              consequences, that is, it shall not merely substitute other
              significant environmental consequences for those attendant
              on the original proposal.

              7:7A-3.3 Requirements for non-water dependent activities

                   (a) The Department shall issue a freshwater wetlands
              or open water fill permit for a non-water dependent activity
              only if it finds that the regulated activity has no
              practicable alternative which would:

                   1. Not involve a freshwater wetland or State open
              water; or

                   2. Involve a freshwater wetland or State open water
              but would have a less adverse impact on the aquatic
              ecosystem; and

                   3. Not have other significant adverse environmental
              consequences, that is, would not merely substitute other
              significant environmental consequences for those attendant
              on the original proposal.

                   (b) For special aquatic sites as defined in 7:7A-1.4
              and all freshwater wetlands, it shall be a rebuttable
              presumption that there is a practicable alternative to any
              nonwater-dependent regulated activity, which alternative
              does not involve a freshwater wetland or State open water,
              and that such an alternative to any regulated activity would
              have less of an impact on the aquatic ecosystem.

                   (c) In order to rebut the presumption established in
              (b) above, an applicant for a freshwater wetlands or open
              water fill permit must demonstrate all of the following:

                   1.   That the basic project purpose cannot reasonably
              be accomplished utilizing one or more other sites in the
              general region that would avoid, or reduce, the adverse
              impact on an aquatic ecosystem;

                   2.   That the basic project purpose cannot reasonably



                                      A-I   30









             be accomplished if there is a reduction in the size, scope,
             configuration, or density of the project as proposed;

                  3.   That the basic project purpose cannot reasonably
             be accomplished by any alternative designs that would avoid,
             or result in less adverse impact on an aquatic ecosystem;
             and

                  4.   That in cases where the applicant has rejected
             alternatives to the project as proposed due to constraints
             such as inadequate zoning, infrastructure, or parcel size,
             the applicant has made reasonable attempts to remove or
             accommodate such constraints.

             7:7A-3.4 Non-water dependent activities in freshwater
             wetlands of exceptional resource value or in trout
             production waters

                  (a) In order to rebut the presumption established for
             non-water dependent activities (see N.J.A.C. 7:7A-3.3(b))
             when the activity will take place in wetlands of exceptional
             resource value or in trout production waters, an applicant,
             in addition to complying with the provisions of N.J.A.C.
             7:7A-3.3, shall also demonstrate either:

                  1.   That there is a compelling public need for the
             proposed activity greater than the need to protect the
             freshwater wetland, or trout production water and that the
             need cannot be met by essentially similar projects in the
             region which are under construction or expansion, or which
             have received the necessary governmental permits and
             approvals; or

                  2.   That denial of the permit would impose an
             extraordinary hardship on the applicant brought about by
             circumstances peculiar to the subject property.

             7:7A-3.5 Standard requirements for all regulated activities
             in freshwater wetlands and State open waters

                  (a) In addition to the other requirements set forth in
             this subchapter, the Department shall issue a permit for a
             regulated activity only if the activity:

                  1.   Will result in minimum feasible alteration or
             impairment of the aquatic ecosystem including existing
             contour, vegetation, fish and wildlife resources, and
             aquatic circulation of the freshwater wetland and hydrologic
             patterns of the watershed;

                  2.   Will not jeopardize present or documented habitat
             or the continued existence of a local population of a
             threatened or endangered species listed pursuant to "The
             Endangered and Nongame Species Conservation Act," N.J.S.A.



                                     A-I   31









              23:2A-1 et seq., or those identified pursuant to the
              Endangered Species Act of 1973, 16 U.S.C. ï¿½ï¿½1531 et al., as
              defined at N.J.A.C. 7:7A-1.4;

                   3.   Will not result in the likelihood of the
              destruction or adverse modification of a habitat which is
              determined by the Secretary of the United States Department
              of the Interior or the Secretary of the United States
              Department of Commerce, as appropriate, to be a critical
              habitat under the "Endangered Species Act of 1973,11 (16
              U.S.C. ï¿½ï¿½1531 et seq.);

                   4.   Will not cause or contribute to a violation of any
              applicable State water quality standard;

                   5.   Will not cause or contribute to a violation of any
              applicable toxic effluent standard or prohibition imposed
              pursuant to New Jersey's "Water Pollution Control Act,"
              N.J.S.A. 58:10A-1 et seq.;

                   6.   Will not violate any requirement imposed by the
              United States government to protect any marine sanctuary
              designated pursuant to the "Marine Protection, Research and
              Sanctuaries Act of 1972,11 (33 U.S.C. Sï¿½1401 et seq.);

                   7.   Will not cause or contribute to a significant
              degradation, as defined at 40 C.F.R 230.10(c), of ground or
              surface waters;

                   8. After assumption of the Federal 404 program, the
              project will not adversely affect properties which are
              listed or are eligible for listing on the National Register
              of Historic Places. If the permittee, before or during the
              course of authorized 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 in the National Register, the permittee shall
              immediately notify the Department and proceed as directed by
              the Department;

                   9. Will not violate any provision of the Flood Hazard
              Area Control Act N.J.S.A 58:16A-50 et seq.or implementing
              rules at N.J.A.C. 7:13.


                   10. Is otherwise lawful, and

                   11. Is in the public interest, as determined by the
              Department in consideration of the following:

                   i.   The public interest in preservation of natural
              resources and the interest of the property owners in
              reasonable economic development;

                   ii. The relative extent of the public and private need



                                      A-I  32









             for the proposed regulated activity;

                   iii. Where there are unresolved conflicts as to
             resource use, the practicability of using reasonable
             alternative locations and methods, to accomplish the purpose
             of the proposed regulated activity;

                   iv. The extent and permanence of the beneficial or
             detrimental effects which the proposed regulated activity
             may have on the public and private uses for which the
             property is suited;

                   V.   The quality and resource value classification
             pursuant to N.J.A.C. 7:7A-2.5 of the wetland which may be
             affected and the amount of,freshwater wetlands to be
             disturbed;

                   vi. The economic value, both public and private, of
             the proposed regulated activity to the general area; and

                   vii. The ecological value of the freshwater wetlands
             and probable individual and cumulative impacts of the
             project on public health and fish and wildlife. For the@
             purposes of this specific subsection, project shall mean the
             use and configuration of all buildings, pavements, roadways,
             storage areas and structures, and the extent of all
             activities associated with the proposal.

             SUBCHAPTER 4. RESERVED


             SUBCHAPTER S. EMERGENCY PERMITS

             7:7A-5.1 Emergency permits

                   (a) The Department may issue a temporary emergency
             freshwater wetlands or, open water fill permit, or
             transition area waiver for a regulated activity only if:

                   1.   An unacceptable threat to life, severe loss of
             property, or severe environmental degradation will occur if
             an emergency permit is not granted; and

                   2.   The anticipated threat or loss may occur before a
             permit or waiver can be issued or modified under the
             procedures otherwise required by the Act, this chapter, and
             other applicable State laws.

                   (b) The emergency permit shall incorporate, to the
             greatest extent practicable and feasible but not
             inconsistent with the emergency situation, the standards and
             criteria required for non-emergency regulated activities
             including mitigation when required by either N.J.A.C. 7:7A-9
             or 13 and shall:






                                        A-I 3 3









                   1.   Be limited in duration to the time required to
              complete the authorized emergency activity, not to exceed 90
              days; and

                   2.   Require mitigation pursuant to N.J.A.C. 7:7A-14 of
              the freshwater wetland, State open waters, or transition
              area within this 90 day period, except that if more than 90
              days from the issuance of the emergency permit is required
              to complete restoration, the emergency permit may be
              extended to complete this restoration only.

                   (c) The emergency permit may be issued orally or in
              writing, except.that if it is issued orally, an
              authorization letter shall be issued within five days
              thereof.

                   (d) Notice of the issuance of the emergency permit
              shall be published and public comments received, in
              accordance with the provisions of 40 C.F.R S124.10 and
              124.11, and of the Federal Act and applicable State law,
              provided that this notification shall be mailed no later
              than 10 days after issuance of the emergency permit.

                   (e) The emergency permit may be terminated at any time
              without prior hearing upon a determination by the Department
              that this action is appropriate to protect human health or
              the environment.

              7:7A-5.2 Obtaining an emergency permit

                   (a) A person in need of an emergency permit shall
              inform the Administrator of the Element by telephone as to
              the extent of work to be performed, the reason for the
              emergency, and the location of the project. This
              information shall be presented to the Department in writing
              within two days following thetelephone request.

                   (b) After the State assumes the Federal 404 program,
              upon receiving the request for an emergency permit for a
              major discharge, the Administrator will notify the Regional
              Administrator prior to the issuance of an emergency permit
              and will send a copy of the written permit upon issuance.

                   (c) If verbal approval is given by the Administrator
              the emergency work may be started. Department staff shall
              be kept informed by telephone (at least once per week)
              regarding the situation at the site. The Department will
              offer guidance and instructions in performing the work.

                   (d) If verbal approval is not given, the Department may
              issue a written emergency approval at any time within 15
              days of the initial request.

                   (e) Within 15 days of the granting of an emergency



                                        A-I 3 4









             approval which has been obtained and complied with in
             accordance with the Department's instructions, a complete
             freshwater wetlands, open water fill permit, or transition
             area waiver application with appropriate fees and "as built"
             drawings shall be submitted to the Department for review.
             After public notice and opportunity for comment pursuant to
             N.J.A.C. 7:7A-12.4 and 12.1(a), and 11.1(a), a freshwater
             wetlands, or open water fill permit, or a transition area
             waiver shall be issued by the Department for the activities
             covered by the emergency approval. This permit may contain
             conditions necessary to compensate for any adverse impacts
             to the freshwater wetlands, State open waters, or transition
             areas resulting from the emergency permit or the activity.
             If required by either N.J.A.C. 7:7A-9 or 13 , mitigation
             shall be provided pursuant to N.J.A.C. 7:7A-14.

             SUBCHAPTER 6. TRANSITION AREAS


             7:7A-6.1 General Provisions

                  (a) A transition area serves as:

                  1.   An ecological transition zone from uplands to
             freshwater wetlands which is an integral portion of the
             freshwater wetlands ecosystem, providing temporary refuge
             for freshwater wetlands fauna during high water episodes,
             critical habitat for animals dependent upon but not resident
             in freshwater wetlands, and slight variations offreshwater
             wetland boundaries over time due to hydrologic or
             climatologic effects; and

                  2.   A sediment and stormwater control zone to reduce
             the impacts of development upon freshwater wetlands and
             freshwater wetlands species.

                  (b) Acts or acts of omission in a transition area that
             adversely affect a transition area's ability to serve as any
             of the areas described below at (b)l to 7 shall be deemed
             inconsistent with the provisions of (a) above and with
             N.J.S.A. 13:9B-16a:


                  1.   A temporary refuge forfreshwater wetlands fauna
             during high water episodes; ..

                  2.   A habitat area for activities such as breeding,
             spawning, nesting and wintering for migrating, endangered,
             commercially and recreationally important wildlife;

                  3.   An area to accommodate slight variations in
             freshwater wetland boundaries over time due to hydrologic or
             climatologic effects;

                  4. . A remediation and filtration area to remove and
             store nutrients, sediments, petrochemicals, pesticides,



                                      A-I  35









              debris and other pollutants as they move from the upland
              towards the freshwater wetlands;

                    5.   A buffer area to keep human activities at a
              distance from freshwater wetlands, thus reducing the impact
              of noise, traffic, and other direct and indirect.human
              impacts on freshwater wetlands species;

                    6.   A corridor area which facilitates the movement of
              wildlife to and from freshwater wetlands and from and to
              uplands, streams and other waterways; and

                    7.   A sediment and storm water control area to reduce
              the adverse effect  's of development or disturbance upon
              freshwater wetlands, flora and fauna, and nearby waterways.

                    (c) A transition area is required adjacent to
              freshwater wetlands of exceptional resource value and of
              intermediate resource value as classified in N.J.A.C. 7:7A-
              2.5. A transition area is not required adjacent to
              freshwater wetlands of ordinary resource value as classified
              in N.J.A.C. 7:7A-2.5 or adjacent to State open waters as
              defined at N.J.A.C. 7:7A-1.4.

                    (d) The standard width of a transition area adjacent
              to a freshwater wetland of exceptional resource value shall
              be 150 feet. This standard width shall only be modified
              through the issuance of a transition area waiver by the
              Department pursuant to the Act and this chapter. The types
              of transition area waivers are listed at N.J.A.C. 7:7A-
              7.1(c).

                    (e) The standard width of a transition area adjacent
              to a freshwater wetland of intermediate resource value shall
              be 50 feet. This standard width shall only be modified
              through the issuance of a transition area waiver by the
              Department pursuant to the Act and this chapter.

                    (f) A person shall not engage in activities prohibited
              in a transition area as set forth at N.J.A.C. 7:7A-6.2
              except pursuant to a transition area waiver issued by the
              Department pursuant to this chapter.

                    (g) A transition area shall be measured outward from a
              freshwater wetland boundary line on a horizontal scale
              perpendicular to the freshwater wetlands boundary line as
              shown in N.J.A.C. 7:7A-6, Appendix A, which is incorporated
              by reference in this chapter. The outside boundary line of
              a transition area shall parallel, that is, be equidistant
              from, the freshwater wetlands,boundary line, unless a
              transition area waiver is   approved under N.J'*A.C. 7:7A-7.4
              or N.J.A.C. 7:7A-7.5. The width of the transition area
              shall be measured as the minimum distance between the
              freshwater wetlands boundary and the outside transition area



                                         A-I  36






                     7:7A-6 Regulatory Appendix A

                                                     Example of a transition area
                                                     adjacent to a freshwater wetland.
                                                     Depicted are a plan and cross
                                                     sectional view.

                                                                                                                                                                           T



                                          Plan View                                   Transition Area


                                                                                     o0oo     "'000.1
                                                                                       e e            e ee
                                                                                    % % % %           % %% %
                                                                                   0 0 11 0 o e 0 0 0 0 0 o

                                                                                       Z  % Z         % % % % %
                                                                                 . . . . . . . . . . . . .
                                                                                  N % %      % %      % % % %
                                                                                 0                    e 0 0 o e
                                                                                                      % % % % %
                                                                                                      0 e e o e
                                                                   %   % %    %  %% % %wetlands       *%"%**% % %

                                                            % % % % % % % %         % % % %           % % % % % % % 90*
                                                                      o 0 0 0 e 11 0 0                e 0 0 e e
                                                         e%o%e%o%o%A%e%o % %  %  %  %   % o%  %       %%%%%           Transition Area
                                                          % % % % % % % % % % %     %   % % %         % % %
                                                           %   %                                                      Width
                                                                                              0 e o e 0
                                                           .1 eel'. t oleo Ileolee 11411, 111.0
                                                          % % % % % % % % % % % N % % % % % %
                                                                       % %







                                                                                                            z







                                                                                                      z
                              Enlarged
                              Cross Sectional.7                                                       z
                                                                     :7
                                                                   ..7
                              View                                 -7                                 z            Ground Surface
                                                                -7                                    z            Elevation
                                                                      Transition Area
                                                                             Width

                                                     Wetlan, is
                                                       Bounddry
                                                                                                      Outside Transition
                                                                                                      Area Boundary


                                                   Wetlands
                                                                      Tran n @Area
                                                                           sit'o
                                                                             Width

                                                         Itlan s
                                                         und   ry
                                                                                                      Ot: id  Tra
                                                                                                      Ar Zurid

                                                         r
                                                           s
                                                         @id






                                                                              A-I 36A










              boundary.

                   (h) The outside boundary  of a transition area is
              determined solely by reference to the freshwater wetlands
              boundary and is in no way affected by property lines.
              Therefore, a property within 150 feet of a freshwater
              wetland may contain a transition area which arises from a
              freshwater wetlands on another property. Any property or
              piece of property encompassing the transition area of a
              freshwater wetland is subject to the Act and this chapter,
              notwithstanding that the freshwater wetland is located on
              another property.

              7:7A-6.2 Prohibited activities in transition areas

                   (a) Except as provided in (b) and (c) below, a person
              shall not conduct the following prohibited activities in
              transition areas:

                   1.   Removal, excavation, or disturbance of the soil;

                        Dumping or filling with any materials;

                   3.   Erection of structures;

                   4.   Placement of pavements; and

                   5.   Destruction of plant life which would alter the
              existing pattern of vegetation.

                   (b) The following activities are not prohibited in
              transition areas, provided that the activities are performed
              in a manner that minimizes adverse effects to the transition
              area and adjacent freshwater wetlands:

                   1.   Normal property maintenance;

                   i.   For the purposes of this paragraph, "normal
              property maintenance" means activities required to maintain
              lawfully existing artificial and natural features,
              landscaping and gardening. These activities include:

                   (1)  Mowing of existing field or lawn;

                  .(2)  Pruning of trees and shrubs;

                   (3)  Selective cutting of trees;

                   (4)  Replacement of existing non-native plants with
              either native or non-native species;

                   (5) Limited supplemental planting of non-native plant
              species that will not significantly change the character of
              the existing vegetational community of the transition area.



                                        A-I .3 7









             The creation of a lawn is not considered supplemental
             planting;

                  (6) Planting of native species, that is, plants
             naturally occurring in transition areas in the local region,
             (the county agricultural agent may be consulted to obtain
             information regarding these species);

                  (7) Continued cultivation of existing gardens and the
             development of new gardens no larger than one quarter acre
             in size; and

                  (8) Maintenance of artificial features including the
             repair, rehabilitation, replacement, maintenance or
             reconstruction of any previously authorized, currently
             serviceable structure, lawfully existing prior to July 1,
             1989, or permitted under the Act and this chapter, provided
             such activities do not result in additional disturbance of
             the transition area upon completion of the activity. Minor
             deviations from the existing structure 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 transition area upon completion of the activity.

                  ii. Any activity which involves or causes the
             substantial alteration or change of the existing
             characteristics of a transition area shall not be considered
             normal property maintenance. Activities which involve or
             cause substantial alteration or change of the transition
             area include, but are not limited to, extensive removal or
             destruction of vegetation by clear-cutting, cutting, mowing,
             (except as described in (b)1i above), burning or application
             of herbicides, planting of ornamental plants or lawns for
             landscaping purposes (except as described in (b)1i above),
             regrading or significant changes in the existing surface.
             contours and the placement of fill, pavement or other
             impervious surfaces.

                  2.   Minor and temporary disturbances of the transition
             area resulting from, and necessary for, normal construction
             acti:vities,on land adjacent to the transition area;

                  i.   For the purposes of this paragraph, "minor and
             temporary disturbances of the transition area resulting
             from, and necessary for, normal construction activities on
             land adjacent to the transition area," means activities
             which do not result in adverse environmental effects on the
             transition area or on the adjacent freshwater wetlands and
             which activities do not continue for a period of more than
             six months. Normal construction activities which would be
             minor and temporary disturbances include, but are not
             necessarily limited to, the placement of scaffolds or
             ladders, the removal of human-made debris by non-mechanized



                                       A-I 38









              means which does not destroy woody vegetation, the placement
              of temporary construction supports, and the placement of
              utility lines over or under a previously authorized,
              currently serviceable existing paved roadway.

                   3.   The erection of temporary structures covering a
              combined total of 150 square feet or less of the transition
              area.


                   i.   For the purposes of this paragraph, "temporary
              structures" means sheds or fences which do not have a
              foundation, or other structures that remain in the
              transition area for no more than a total of six months.

                   (c) Projects or actiyities which are exempt from the
              requirement of a freshwater wetlands permit pursuant to
              N.J.A.C. 7:7A-2.7(b), (c) and (d), shall also be exempt from
              transition area requirements. These transition area
              exemptions are subject to the same limitations as the
              corresponding freshwater wetlands permit exemptions. These
              limitations can be found at N.J.A.C. 7:7A-2.7.

                   (d) To confirm that an activity or project is exempt,
              an exemption letter may be requested from the Department
              through the procedures established for freshwater wetlands
              permit exemptions in N.J.A.C. 7:7A-2.9, including submittal
              of the fee specified at N.J.A.C. 7:7A-16.

              7:7A-6.3 Determination of transition areas due to the
              presence of freshwater wetlands on adjacent property

                   (a) Any person engaging in prohibited activities in a
              transition area without Department approval shall be in
              violation of the Act and this chapter. A transition area
              may be located on a property even though the freshwater
              wetlands adjacent to that transition area are located on a
              different property (see N.J.A.C. 7:7A-6.1(h)).

                   (b) To determine whether a transition area is required
              on a parcel, where freshwater wetlands may exist on other
              nearby parcels, a person may follow the procedures at (c)
              below or follow those procedures at (b)l through 6 below as
              applicable.

                   1.   Locate any freshwater wetlands that may be within
              150 feet of the subject parcel property lines and any
              freshwater wetlands that may be within 50 feet of the
              subject parcel property lines. If there are no freshwater
              wetlands on the subject parcel or on land within 150 feet of
              the subject parcel property line, no transition areas exist
              on the subject parcel.

                   2.   If there are freshwater wetlands on neighboring
              land within 150 feet of the parcel boundary, determine if



                                      A-1   39









             they are classified as freshwater wetlands of ordinary
             resource value as specified in N.J.A.C. 7:7A-2.5. If a
             determination of classification by the Department is
             desired, a.letter of interpretation classifying any
             freshwater wetlands can be obtained from the Department
             pursuant to N.J.A.C. 7:7A-8. No transition area is required
             adjacent to ordinary resource value wetlands.

                  3.   If any of the freshwater wetlands on neighboring
             land within 150 feet of the subject parcel boundary cannot
             be classified as ordinary, determine whether they are
             freshwater wetlands of intermediate resource value or
             freshwater wetlands of exceptional resource value as
             specified in N.J.A.C. 7:7A-2.5. If a determination of
             classification by the Department is desired, a letter of
             interpretation, including a notice of classification,
             classifying any freshwater wetlands can be obtained from the
             Department pursuant to N.J.A.C. 7:7A-8.

                  4.   If the freshwater wetlands on the subject parcel
             or within 150 feet of the subject parcel property boundary
             are freshwater wetlands of exceptional resource value, a
             transition area exists on the subject parcel. In order to
             determine the size and shape of the transition area, obtain
             a delineation of the freshwater wetlands on neighboring land
             within 150 feet of the subject parcel boundary and determine
             the shape and size of the standard transition area on the
             subject parcel according to N.J.A.C. 7:7A-6.1(d).

                  i.   To avoid the necessity of delineating exceptional
             resource value freshwater wetlands on other properties, a
             person may ensure compliance with transition area
             requirements arising from freshwater wetlands on other
             properties by refraining from prohibited activities on the
             subject parcel within 150 feet of the property boundary.

                  5. If there are freshwater wetlands of intermediate
             resource value on land within 50 feet of the subject parcel
             boundary, a transition area exists on the subject parcel.
             In order to determine the size and shape on the transition
             area, obtain a delineation of.the freshwater wetlands on
             neighboring land within 50 feet of the subject parcel
             boundary and determine the shape and size of the standard
             transition area on the subject parcel according to N.J.A.C.
             7:7A-6.1(e).

                  i.   To avoid the necessity of delineating intermediate
             resource value freshwater wetlands on other properties, a
             person may ensure compliance with transition area
             requirements arising from freshwater wetlands on other
             properties by refraining from prohibited activities on the
             subject parcel within 50 feet of the property boundary.

                  6. It may be necessary to obtain written permission



                                       A-I 40









             from adjacent property owners to investigate their land to
             within 150 feet of the subject parcel boundary. If a
             transition area waiver or letter of interpretation is
             needed, the applicant shall provide written notice to
             adjacent landowners that the Department may conduct an
             onsite field inspection as part of the application process.
             This notification shall be included as part of the
             notification process pursuant to N.J.A.C. 7:7A-7.6(a)7v,
             Application contents for transition area permits; N.J.A.C.
             7:7A-8.3(a)9iv, Application for a letter of interpretation;
             N.J.A.C.7:7A-9.5(b), Application for Statewide general
             permit authorization or N.J.A.C. 7:7A-11.1(b)9, Application
             contents.

                  (c) Instead of following the procedures at (b)l to 6
             above, a person may ensure compliance with transition area
             requirements arising from freshwater wetlands on other
             properties by refraining from prohibited activities on the
             subject parcel within 150 feet of the subject parcel
             property line.

             SUBCIKAPTER 7. TRANSITION AREA WAIVER

             7:7A-7.1 General provisions

                  (a) A transition area waiver shall not be granted by
             the Department pursuant to the Act and this chapter unless
             it includes conditions as necessary to ensure that a
             particular project or activity results in minimal
             environmental impact and unless the purposes and functions
             of transition areas as set forth in N.J.A.C. 7:7A-6.1(a) and
             (b) are satisfied.

                  (b) Any person proposing to engage in a prohibited
             activity within 150 feet of an exceptional resource value
             wetland, or within 50 feet of an intermediate resource value
             wetland shall apply to the Department for a transition area
             waiver.

                  (c) The Department may authorize the following through
             a transition area waiver:

                  1.   A reduction in the standard transition area width
             established in N.J.A.C. 7:7A-6.1(d) and (e). Reductions are
             determined at N.J.A.C. 7:7A-7.2 for exceptional resource
             value freshwater wetlands and at N.J.A.C. 7:7A-7.3 for
             intermediate resource value freshwater wetlands.

                  2.   A modification in the shape, but not the square
             footage, of the standard transition area through a
             transition area averaging plan pursuant to N.J.A.C. 7:7A-
             7.5. This waiver is available for transition areas adjacent
             to both exceptional and intermediate resource value
             freshwater wetlands;




                                       A-I 4 1










                  3.   A partial elimination of the standard transition
             area width along a portion of the freshwater wetland to
             allow special activities as established in N.J.A.C. 7:7A-
             7.4. This waiver is available for transition areas adjacent
             to both exceptional and intermediate resource value
             freshwater wetlands;

                  4. Any combination of (c)1, 2, and 3 above.

                  (d) Reduction or modification of a transition area
             shall be based solely on the transition area adjacent to a
             particular freshwater wetland. For property with more than
             one freshwater wetland, the standard transition area width
             and the criteria for reducing or modifying the standard
             width shall be applied separately to each freshwater
             wetland. In no case may expansion of a transition area
             adjacent to one freshwater wetland compensate for reduction
             of a transition area adjacent to a separate freshwater
             wetland. However, one transition area waiver application
             may be used to request transition area waivers for more than
             one transition area located on a single property.

                  (e) In determining whether to issue or deny a
             transition area waiver, the Department shall consider
             information submitted by the applicant, local, county,
             state, and federal government agencies; and interested
             citizens and may consider any other available information.

                  (f) The Department's authorization of activities under
             a Statewide general permit, individual freshwater wetlands
             permit or mitigation plan shall automatically include a
             transition area waiver. In addition, the approval of a
             mitigation plan in a transition area as a result of either a
             permit approval or resolution of an enforcement action under
             the Act and Federal Act will automatically include a
             transition are'a waiver. No fee or application will be
             required for these waivers. The transition area waiver will
             allow encroachment only in that portion of the transition
             area bordering on that portion of the freshwater wetland in
             which the authorized activity is to take place which the
             Department determines is necessary to accomplish the
             authorized activity. Any additional prohibited activities
             in the transition area not directly required for the
             authorized activity, shall require a separate transition
             area waiver from the Department pursuant to the Act and this
             chapter.

                  (g) Every approved transition area waiver, except for
             those issued pursuant to (f) above and N.J.A.C. 7:7A-7.4,
             Special activity waivers, shall be conditioned on the
             recording of a Department-approved deed restriction of
             activities which may be undertaken in the transition area.
             Prior to construction, the deed restriction shall be



                                      A-I  42










             recorded in the office of the clerk of the county or through
             the register of deeds and mortgages in which the premises
             are situated. The restriction shall run with the land and
             be binding upon the applicant and the applicant's successors
             in interest inthe premises or in any part thereof and shall
             include the following:

                   1. The Department-approved restriction shall provide
             that no prohibited activities will occur in the modified
             transition area unless the Department finds that:

                   i. There is compelling public need for the activity
             greater than the need to protect the modified transition
             area; and

                   ii. That the activity has no practicable alternative
             which would:

                   (1) Not involve a transition area;

                   (2) Involve a transition area but would have less
             adverse impact on the transition area and the adjacent
             wetland; and

                   (3) Not have other significant adverse environmental
             consequences, that is, it shall not merely substitute other
             significant environmental consequences for those attendant
             on the original proposal.

                   2. The applicant shall provide proof that the deed
             restriction is recorded in the office of the clerk of the
             county or through the register of deeds and mortgages in
             which the premises are situated, or provide documentation
             that the restriction has been accepted for recording at the
             above offices.

             7:7A-7.2 Exceptional resource value freshwater wetlands:
             standards for transition area width reduction

                   (a) This section addresses standards for overall width
             reduction of transition areas adjacent to exceptional
             resource value wetlands. A transition area adjacent to a
             freshwater wetland of exceptional resource value shall be
             150 feet wide except pursuant to a transition area waiver
             approved by the Department. Except pursuant to a transition
             area waiver for access to an authorized activity, granted by
             the Department pursuant to N.J.A.C. 7:7A-7.1(f), a
             transition area adjacent to a freshwater wetland of
             exceptional resource value shall not be reduced to less than
             75 feet wide unless the applicant demonstrates, to the
             satisfaction of the Department that if the activity was
             instead proposed in the exceptional resource value wetland
             it would meet the standards for granting a freshwater
             wetlands permit.



                                       A-I 43










                  (b) The Department shall grant a transition area
             waiver to reduce a transition area adjacent to a freshwater
             wetland of exceptional resource value from the standard
             transition area width only if:

                  1.   The proposed activity would have no substantial
             impact as determined pursuant to (c), (d) or (e) below, on
             the adjacent freshwater wetland; or

                  2.   The waiver is necessary to avoid an extraordinary
             hardship to the applicant, as described at (f) below.

                  (c) For the purposes of N.J.A.C. 7:7A-7, a substantial
             impact shall be deemed to exist on a freshwater wetland of
             exceptional resource value if one or more of the following
             is true, unless the applicant demonstrates otherwise to the
             Department's satisfaction pursuant to (h) below:

                  1.   The freshwater wetland contains a present or
             "documented habitat f6r-threatened or endangered species" as
             defined at N.J.A.C. 7:7A-1.4;

                  2.   The freshwater wetland is located adjacent to FWl
             waters or FW2 trout production waters;

                  3.   The freshwater wetland is located adjacent to a
             component of either the Federal or State Wild and Scenic
             River System designated pursuant to 16 U.S.C. ï¿½1271 et seq.
             or N.J.S.A. 13:8-45 et seq.; or adjacent to a waterway
             officially designated by Congress or the State Legislature
             as a "study river" for possible inclusion in either system,
             while the river is in an official study status;

                  4.   The proposed project would cause the disturbance
             or exposure of acid producing deposits as defined at
             N.J.A.C. 7:13-5.10;

                  5.   The property is located adjacent to a local,
             county, State, or federal park, wildlife refuge, sanctuary,
             management area or area listed on the New Jersey Register of
             Natural Areas; or

                  6.   The proposed activity or project includes one or
             more of the following:

                  i.   Construction or expansion of a commercial or
             industrial facility within the following Standard Industrial
             Classification (SIC) major groups as designated in the
             Standard Industrial Classification Manual prepared by the
             office of Management and Budget in the Executive office of
             the Presi dent of the United States.






                                      A-I  44











              SIC  Industry Category
              22   Textile Mill Products
              23   Apparel
              24   Lumber & Wood Products
              25   Furniture & Fixtures
              26   Paper & Allied Products
              27   Printing, Publishing & Allied Industries
              28   Chemicals & Allied Products
              29   Petroleum Refining & Related Industries
              30   Rubber & Miscellaneous Plastics Products
              31   Leather & Leather Products
              32   Stone, Clay, Glass & Concrete Products
              33   Primary Metal Industries
              34   Fabricated Metal Products
              35   Machinery
              36   Electrical & Electronic Machinery
              37   Transportation Equipment
              38   Measuring Analyzing & Controlling Instruments,
                   Photographic, Medical & Optical Goods
              39   Miscellaneous Manufacturing Industries
              47   Transportation Services
              48   Communications
              49   Utilities (Electric, Gas, Sewer), excluding linear
                   development
              51   Nondurable Goods Wholesaling
              55   Automotive Dealers and Gasoline Service Stations;

                   ii. Establishment of new or expansion of existing
              mineral extraction and/or processing operations. This
              includes mining or processing of construction sand,
              industrial sand, gravel, ilmenite, glauconite, limestone, or
              other minerals; or

                   iii. Construction or expansion of wastewater treatment
              or septic systems which are located within 150 feet of an
              exceptional resource value wetland or within 50 feet of an
              intermediate resource value wetland;

                   iv. Establishment of a new or expansion of an existing
              solid waste facility.

                   (d) The Department will consider the proposed project
              to have no substantial impact, and will issue a transition
              area waiver reducing the standard transition area width to
              100 feet if no activity prohibited pursuant to N.J.A.C.
              7:7A-6.2 is conducted within the reduced 100 foot transition
              area and if all of the following transition area
              characteristics and proposed project factors are true:

                   1.    Th'e property or proposed project or activity does
              not fall into any of the categories, indicating a
              substantial impact as listed at N.J.A.C. 7:7A-7.2(c)l, 2, 4,      40
              or 6.




                                       A-I  45










                  2.   The existing, pre-development transition area is
             unvegetated or has a herbaceous vegetational community as
             the dominant vegetational community as determined below in
             (e)1;

                  3.   The property has been part of an established
             ongoing farming, ranching or silviculture operation" as
             defined at N.J.A.C. 7:7A-1.4 within the two years before the
             transition area waiver application is submitted; and

                 ..4.  The proposed project will include the planting of
             native trees and shrubs in the reduced 100 foot transition
             area pursuant to a plan approved by the Department. The
             planting shall achieve no less than an 85 percent area
             coverage in the entire 100 foot transition area and ensure
             no less than 85 percent survival of the plants for no less
             than three years.

                  (e) If the project, activities and/or property do not
             result in a substantial impact as determined in (c) above,
             the,Department shall determine the transition area width
             based on the slope and dominant vegetational community type
             of the transition area and the development intensity of the
             proposed project, as described below at (e) I to 3, as
             indices of impact on a freshwater wetland of exceptional
             resource value, using the matrix below.





























                                           46













                                                Development Intensity

                               Slope%     Low (0-1 o%)   Moderate (>1 0-40%) High (>40%)

                         U)
                         :3
                         0       0-2          100               120             140


                                 >2           150               150             150


                                 0-2          75                75               80
                   E     g
                   E             >2-5         95               115              130
                   0     0?
                   C)
                   70-   C40     >5          150               150              150
                   c
                   0
                   .1-&          0-2          75                75                75
                   Ct$

                                 >2-5         75                75                85
                   0)
                   >     -V,     >5-1 0       75                85               9
                         0
                         LL
                   cz            >10-15       95
                   C:                                          105              115
                   E
                                 >15-20      115               125              13


                                 >20         135               145              150
















                                            A-I   47










                   1.   The dominant vegetational community in a
              transition area is the plant community which covers the most
              surface area of the transition area contained within the
              subject property. Vegetational communities are classified
              as herbaceous, scrub-shrub, or forested.

                   i.   An herbaceous vegetational community is
              characterized by the presence of annual and perennial plant
              species or bare ground.

                   ii. A scrub-shrub vegetational community is
              characterized by shrub and herbaceous plant species with an
              average height equal to or less than 20 feet. A forested
              area with little or no herbaceous or shrub layer
              (understory) shall be considered a scrub-shrub vegetational
              community for the purposes of this chapter.

                   iii. A forested vegetational community is characterized
              by tree species with an average height greater than 20 feet
              accompanied by a herbaceous or shrub layer.

                   2.   The average slope of the ground in the existing
              pre-activity standard transition area is measured as the
              arithmetic mean of slope measurements of the transition area
              taken every 200 feet along the outside transition area
              boundary. Slope shall be measured as the change in
              elevation of the ground from the freshwater wetlands
              boundary to the outside transition area boundary over the
              standard transition area width established in N.J.A.C. 7:7A-
              6.1;

                   3.   The development intensity of the proposed project
              is the percentage of the surface area of the property,
              measured on a horizontal scale, which will be covered by
              impervious surfaces at the completion of the proposed
              project. For the purposes of this paragraph, "property"
              means the municipal tax lot or lots upon which any part of
              the proposed project will occur. Impervious surfaces are
              areas which prevent the infiltration and percolation of
              water into the soil. Impervious cover includes, but is not
              limited to,, pavement, rooftops, sidewalks, driveways, tennis
              courts and swimming pools. The area used to calculate
              development intensity shall exclude freshwater wetlands,
              transition areas, and State open waters. The sum of the
              square footage of freshwater wetlands, transition areas, and
              State open waters on the property is subtracted from the
              square footage of the entire property. The resulting number
              is divided into the square footage of all impervious cover
              which will result on the property upon completion of the
              proposed project. This quotient is multiplied by 100
              percent to obtain the percentage of impervious cover, also
              known as the development intensity, which can be expressed
              mathematically as:



                                      A-I   48











                   DI = IC/(PA-(FW+TA+SOW)) x 100%, where:

                   i.   DI is the development intensity of the project
              expressed as a percentage;

                   ii.  IC is the square footage of impervious cover which
              will exist on the entire subject property or properties
              which are affected by the proposed project, at the
              completion of the proposed project, including pre-existing
              impervious cover.

                   iii. PA is the square footage of the property or
              properties on which the proposed project or activity will
              occur;                    I .

                   iv. FW is the square footage of freshwater wetlands
              present on the subject property;

                   V.   TA is the square footage of the transition area
              based on the standard transition area width established at
              N.J.A.C. 7:7A-6.1; and

                   vi. SOW *is the square footage of State open waters on
              the subject property.

                   (f) An extraordinary hardship to the applicant will be
              considered to exist when:

                   1.   The subject property is not susceptible to a
              reasonable use as is presently developed or as authorized by
              the provisions of the Act and this chapter and this
              limitation results from unique and extreme circumstances
              peculiar to the subject property which:

                   i.   Do not apply to or affect other property in the
              local region; and

                   ii. Relate to or arise out of the subject property,
              rather than the personal situation of the applicant, and are
              not the result of any action or inaction by the applicant or
              the owner or the owner's predecessors in title.

                   2.   For single family residential lots which are
              unbuildable due to the presence of transition areas, the
              Department may grant a transition area reduction waiver to
              reduce the transition area to a minimum of 75 feet based on
              hardship if the following conditions are met:

                   i. The lot was subdivided prior to July 1, 1988 and
              was owned by the applicant since that time;

                   ii. The applicant has not received a waiver for a
              reduction of a transition area based on this hardship



                                     A-I    49









              criteria for the past five years;

                   iii. The applicant shall demonstrate that adjacent
              properties cannot be purchased for fair market value to
              create a buildable lot;

                   iv. The applicant shall demonstrate that the subject
              property was offered for sale at fair market value to
              adjacent landowners and that the offer was refused;

                   V.  The subject parcel is not contiguous with an
              adjacent improved parcel which was owned by the applicant on
              July 1, 1988;

                   vi. The applicant shAll demonstrate that the subject
              property was offered for sale at fair market value to
              interested public or private conservation organizations and
              that the offer was refused. The Department will provide
              applicants with a listing of conservation organizations upon
              request.

                 @ (g) If the applicant is unable to demonstrate that an
              activity will have no substantial impact on the adjacent
              wetland by satisfying the criteria at (c) above or at
              N.J.A.C. 7:7A-7.3, 7.4(e), or 7.5, an applicant may
              demonstrate no substantial impact through the use of
              scientific documentation. This documentation may include
              but is not limited to, nutrient or sediment transport
              models, buffer models such as "The Wetlands Buffer
              Delineation Method," prepared by Rogers, Golden and Halpern,
              Inc., the "Buffer Delineation Model for New Jersey Pinelands
              Wetlands," prepared by Charles T. Roman and Ralph E. Good,
              or wildlife habitat suitability studies. If the applicant
              elects to use a buffer model, the following shall be
              addressed as they relate to the adjacent wetlands:
              sediment, nutrient, and pollutant transport and removal,
              impacts on sensitive species, and potential impacts to
              surface water quality.

              7:7A-7.3 Intermediate resource value freshwater wetlands:
              standards for transition area width reduction

                   (a) This section addresses standards for overall width
              reduction of transition areas adjacent to intermediate
              resource value wetlands. A transition area adjacent to a
              freshwater wetland of intermediate resource value shall be
              50 feet wide except pursuant to a transition area waiver
              approved by the Department. Except pursuant to a
              Department-approved transition area averaging plan issued
              pursuant to N.J.A.C. 7:7A-7.5, a transition area waiver for
              access to an authorized activity granted by the Department
              pursuant to N.J.A.C. 7:7A-7.1(f), or a special activity
              permit pursuant to N.J.A.C. 7:7A-7.4, a transition area
              adjacent to a freshwater wetlands of intermediate resource




                                        A-I  50











             value shall not be reduced to less than 25 feet wide.

                   (b) The Department shall grant a transition area
             waiver to reduce a transition area adjacent to a freshwater
             wetland of intermediate resource value from the standard
             transition area width only if:

                   1.  The proposed activity would have no substantial
             impact, as determined pursuant to (c), and (d) below, on the
             adjacent freshwater wetland; or

                   2.  The waiver is necessary to avoid a substantial
             hardship to the applicant, as defined in (e) below.

                   (c) For the purposes of this subchapter, a substantial
             impact shall be deemed to exist on a freshwater wetland of
             intermediate resource value if one or more of the following
             is true, unless the applicant demonstrates otherwise to the
             Department's satisfaction pursuant to N.J.A.C. 7:7A-7.2(g):

                   1.  The freshwater wetland is a critical habitat for
             fauna or flora, as determined by the Department. Critical
             habitat for fauna are areas which serve an essential role in
             maintaining commercially and recreationally important
             wildlife, particularly for wintering, breeding, spawning and
             migrating activities. Critical habitat for flora are areas
             supporting rare or unique plant species or uncommon
             vegetational communities in New Jersey.

                   2.  The freshwater wetland is located adjacent to a
             component of either the Federal or State Wild and Scenic
             River System designated pursuant to 16 U.S.C. ï¿½1271 et seq.
             or N.J.S.A. 13:8-45 et seq.; or adjacent to a waterway
             officially designated by Congress or the State Legislature
             as a "study river" for possible inclusion in either system,
             while the river is in an official study status;

                   3.  The proposed activity would include the
             disturbance or exposure of acid producing deposits as
             defined at N.J.A.C. 7:13-5.10;

                   4.  The property is locate'd adjacent to a local,
             county, State or federal park, wildlife refuge, sanctuary,
             management area, or area listed on the New Jersey Register
             of Natural Areas; or

                   5.  The proposed activity or project includes one or
             more of the operations or activities at N.J.A.C. 7:7A-
             7.2(c)6 .

                   (d) If the project, activities and/or property do not
             meet any of the criteria in (c) above, the Department shall
             determine the transition area width reduction from that of
             the standard transition area width based on the slope and



                                      A-I   51









             dominant vegetational community type of the transition area
             and the development intensity of the proposed project, as
             described at N.J.A.C. 7:7A-7.2(e) 1 tthrough 3, as indices
             of the impact on a freshwater wetland of intermediate
             resource value, using the criteria below:

                  1.   A transition area waiver reducing the transition
             area width to 25 feet shall be granted if all of the
             following are true:

                  i.   The dominant vegetational community type, as
             described in N.J.A.C. 7:7A-7.2(e)l, of the standard
             transition area is a forested vegetational community;

                  ii. The slope of the standard transition area, as
             determined pursuant to N.J.A.C. 7:7A-7.2(e)2 , is less than
             or equal to one percent;

                  iii. The development intensity of the project, as
             determined N.J.A.C. 7:7A-7.2(e)3, is less than 20 percent.

                  2.   A transition area waiver reducing the transition
             area width to 35 feet shall be granted if all of the
             following are true:

                  i.   The dominant vegetational community type, as
             described at N.J.A.C. 7:7A-7.2(e)l, of the standard
             transition area is a forested vegetational community;

                  ii. The slope of the standard transition area, as
             determined pursuant N.J.A.C. 7:7A-7.2(e)2, is less than or
             equal to three percent; and

                  iii. The development intensity of the project, as
             determined pursuant to N.J.A.C. 7:7A-7.2(e)3, is less than
             40 percent.

                  3.   A transition area waiver reducing the transition
             area width to 35 feet shall be granted if all of the
             following are true:

                  i.   The dominant vegetational community type, as
             described at N.J.A.C. 7:7A-7.2(e)l, of the standard
             transition area is scrub-shrub or herbaceous vegetational
             community;

                  ii. The slope of the standard transition area, as
             determined pursuant to N.J.A.C. 7:7A-7.2(e)2, is less than
             or equal to one percent; and

                  iii. The development intensity of the project, as
             determined pursuant to N.J.A.C. 7:7A-7.2(e)3, is less than
             20 percent.





                                      A-I  52









                   4.   A substantial impact on the freshwater wetland
              shall be deemed to exist, and a transition area waiver shall
              not be granted pursuant to this section, if the conditions
              in (d)1, 2 or 3 above are not met.

                   (e) A substantial hardship to the applicant shall be
              considered to exist when:

                   1.   The subject property is not susceptible to a
              reasonable use as authorized by the provisions of the Act
              and this chapter and this limitation results from unique
              circumstances peculiar to the.subject property which:

                   i.   Do not apply to or affect other property in the
              immediate vicinity;

                   ii. Relate to or arise out of the subject property,
              rather than the personal situation of the applicant, and are
              not the result of any action or inaction by the applicant or
              the owner or the owner's predecessors in title.

                   2.   For single family residential lots which are
              unbuildable due to the presence of transition areas, the
              Department may grant a transition area reduction waiver to
              reduce the transition area to a minimum of 25 feet based on
              hardship if the following conditions are met:

                   i. The lot was subdivided prior to July 1, 1988 and
              was owned by the applicant since that time;

                   ii. The applicant has not received a waiver for a
              reduction of a transition area based on this hardship
              criteria for the past five years;

                   iii. The applicant shall demonstrate that adjacent
              properties cannot be purchased to create a buildable lot for
              fair market value;

                   iv. The applicant shall demonstrate that the subject
              property was offered for sale at fair market value to
              adjacent landowners and that the offer was refused;

                   v. The subject parcel is not contiguous with an
              adjacent improved parcel which was owned by the applicant on
              July 1, 1988;

                   vi. The applicant shall demonstrate that the subject
              property was offered for sale at fair market value to
              interested public or private conservation organizations and
              that the offer was refused. The Department will provide
              applicants with a listing of conservation organizations upon
              request.

              7:7A-7.4 Special activities: Standards for granting




                                      A-I   53











              transition area waiver

                    (a) The Department will issue transition area waivers
              for certain special activities meeting the criteria in this
              section. waiver under this section are not subject to the
              criteria in N.J.A.C. 7:7A-7.2, 7.3 or 7.5. The Department
              will issue a transition area waiver to reduce or partially
              eliminate the standard transition area to allow for the
              special activities listed below at (a)l through 3, provided
              the applicable conditions for each activity set forth below
              at (b), (c), (d), (e) and (f) are met, provided the project
              is designed to minimize impacts to the freshwater wetland
              and transition area, and provided the transition area
              continues to serve the purposes set out at N.J.A.C. 7:7A-
              6.1(a) and (b). Reductions or partial eliminations
              authorized under this section shall not require compensation
              pursuant to N.J.A.C. 7:7A-7.5. Except pursuant to a
              transition area waiver for access to an authorized activity
              issued by the Department pursuant to N.J.A.C. 7:7A-7.1(f), a
              transition area adjacent to freshwater wetlands of
              exceptional resource value shall not be reduced to less than
              75 feet wide unless the applicant demonstrates, to    the
              satisfaction of the Department that if the activity was
              instead proposed in the exceptional resource value wetland
              it would meet the standards for granting a freshwater
              wetlands waiver. The special activities are:

                    1.  Stormwater management facilities as defined at (b)
              below:


                    2.  Linear development as defined at N.J.A.C. 7:7A-
              1.4;

                    3.  Activities performed in the transition area which
              are permitted under specific Statewide general permits
              listed in (e) below; and

                    4.  Activities performed in the transition area which
              can be defined as redevelopment as specified in (f) below.

                    (b) If the proposed activity is the construction of a
              stormwater management facility, the Department will approve
              a transition area waiver for the reduction or partial
              elimination of a transition area if there is no feasible
              alternative on-site location for the facility.

                    1.  For the purposes of this paragraph 11stormwater
              management facility" means a facility which receives,
              stores, conveys or discharges stormwater runoff and is
              designed in accordance with all applicable local, county and
              state regulations. These facilities may include retention
              and detention basins and infiltration structures; grassed
              swales; filter fabric; rip-rap channels and/or stormwater
              outfalls.




                                        A-I   54












                   2.   An alternative onsite location shall not be
              considered infeasible merely because it would require one or
              more of the following:

                   i.   Relocating part or all of the stormwater
              management facility outside of the transition area and into.
              the upland;

                   ii. Modifying the type of stormwater management
              facility;

                   iii. Redesigning the layout, size, scope or
              configuration of the buildings, roads or other aspects of
              the project in order to accommodate the stormwater
              management facility; or

                   iv. Reducing the scope or density of the project
              generating the stormwater.

                   3.   An alternative onsite location shall be considered
              feasible if it is available and capable of being carried out
              after taking into consideration cost, existing technology,
              and logistics in light of stormwater management goals.

                   (c) If the proposed activity is the construction of a
              linear development as defined at N.J.A.C. 7:7A-1.4 the
              Department will approve a further transition area waiver for
              the reduction or partial elimination of transition area if
              there is no feasible alternative location for the linear
              development.

                   1.   An alternative location shall be considered
              feasible when the proposed linear development can be located
              outside of the transition area by:

                   i.   Modifying the route of the linear development to
              avoid or reduce impacts to freshwater wetlands and
              transition areas; or

                   ii. Reducing the width of the linear development.
                        1
                   2.   An alternative shall be feasible if it is
              available and capable of being carried out after taking into
              consideration cost, existing technology, and logistics in
              light of the overall project purposes.

                   3.   An alternative shall not be excluded from
              consideration merely because it includes or requires an area
              not owned by the applicant which could reasonably have been
              or be obtained or used to fulfill the basic purpose of the
              proposed activity.

                   (d) An alternative on-site location, as described in



                                       A-I  55









              (b) above, or an alternative location, as described in (c)
              above, may be considered infeasible if its use for the
              project would cause other significant adverse environmental
              consequences.

                    (e) No substantial impact will be deemed to exist on d
              freshwater wetland, and a transition area waiver will be
              granted for the reduction or partial elimination of
              transition area in order to conduct activities in the
              transition area which are covered by the Statewide general
              permits at N.J.A.C. 7:7A-9.2(a) 2, 3, 4, 8, 9, 10, 11, 12,
              14, 15, 16, 17, 18, 19, 20, 21, and 25.

                    1. With the exceptions listed below at (e)li through
              iii, all limitations and conditions contained in the
              description of Statewide general permit activities at
              N.J.A.C. 7:7A-9.2(a) will also apply to those activities
              when authorized by a permit pursuant to this subsection.
              For example, where the Statewide general permit at N.J.A.C.
              7:7A-9.2(a)10, minor road crossings, is limited to 0.25
              acres of wetland or open water disturbance, the special
              activity waiver for this activity will be limited to 0.25
              acres of transition area disturbance. The following
              exceptions to this provision will apply:

                    i. For a special activity transition area waiver
              authorizing activities listed in Statewide general permit
              number 10, the 200 cubic yard fill limitation does not
              apply;

                    ii. For a special activity transition area waiver
              authorizing construction of stormwater structures that
              include a swale designed for water quality as listed in
              Statewide general permit number 11, the limitation at
              N.J.A.C. 7:7A-9.2(a)llvii, concerning backfill does not
              apply; and

                    iii. For a special activity transition area waiver
              authorizing activities listed in Statewide general permit
              number 16, the 10 cubic yard fill limitation does not apply.

                    2. The limits at N.J.A.C. 7:7A-9.4 on the use of
              multiple Statewide general permits in freshwater wetlands
              also apply to the use in transition areas of multiple
              special activity waivers issued under this subsection. For
              example, pursuant to N.J.A.C. 7:7A-9.4(d), an approval under
              the Statewide general permit at N.J.A.C. 7:7A-9.2(a)8 will
              be authorized only once for a single property. Likewise,
              only one special activity waiver for the activity covered by
              that Statewide general permit shall be approved in a
              transition area.

                    3. The authorization of the special activity waiver for
              general permit activities in transition areas listed under



                                         A-I 5 6









              this subsection does not eliminate the possibility that
              activities in freshwater wetlands or State open waters may
              be authorized under Statewide general permits. However,
              these waivers shall not be used to double the impact of a
              specific activity by the combining the allowed wetland and
              transition area impacts. For example, one minor road
              crossing shall not exceed 0.25 acres of disturbance or 100
              linear feet regardless of whether the crossing is entirely
              in wetlands and open waters, entirely in the transition
              area, or traverses both. The 0.25 acre limitation does not
              include the transition area that is necessary for access to
              a wetland crossing. For example the Department shall not
              approve an application that combines a minor road crossing
              (Statewide general permit number 10) in the wetlands with a
              minor road crossing in the transition area (Special activity
              wavier number 10) which results in a minor road crossing
              designed to cross a 100 feet of wetlands and open waters
              and then parallels the wetland for an additional 100 feet
              through the transition area.

                   (f) A special activity waiver may be granted for the
              reduction or partial elimination of a transition area in
              order to allow redevelopment, as defined at N.J.A.C. 7:7A-
              1.4, of a transition area, if the following conditions are
              met:

                   1. The applicant must demonstrate to the satisfaction
              of the Department that the proposed activity will not result
              in substantial impact to the adjacent freshwater wetland;

                   2. The area of proposed activity must be covered by
              pavements or impervious surfaces legally existing in the
              transition area prior to July 1, 1989, or permitted under
              the Act. This does not include expansion of impervious
              surfaces or any additional disturbance of the transition
              area;

                   3. Where practicable, a portion of the developed
              transition area adjacent to the wetland shall be revegetated
              and restricted pursuant to N.J.A.C. 7:7A-7.1(g).

                   (g) A person shall not commence a prohibited activity
              in a transition area pursuant to (e) above prior to
              obtaining a transition area waiver from the Department
              pursuant to the Act and this chapter. The limitations of
              N.J.A.C. 7:7A-7.2(c) and 7.3(c) do not apply to transition
              area waivers granted under (e) above.

              7:7A-7.5 Transition area waiver, averaging plans:
              Standards for modifying the shape of a transition area

                   (a) A transition area averaging plan, a type of
              transition area waiver, is a plan to modify the overall
              shape of the transition area without reducing the total



                                       A-I  57









             square footage of the transition area. A transition area
             averaging plan may be approved for activities adjacent to
             either an intermediate or exceptional resource value
             freshwater.wetlands. An example of a transition area
             averaging plan is shown in N.J.A.C. 7:7A-7 Appendix A, which
             is incorporated by reference in this subchapter.

















































                                     A-I




          7:7A-7 Regulatory Appendix A. Example of a transition
                    area averaging plan.



                                 Transition Area Compensation





                              Pr os

                                               ...........
                              A tivity
                                                    % % % % % %
                                                    % % % % %
           Transition Area
                                           e%'VeVeVe e e 0 e e 0 e e e
           Reduction

                                  ez   % %e%,% % % % %,Wetlands

                              % Z %%   % % % %% % % % % % %% % %% % %




                                % % % % % % % % % % % % % % % % % % % % % % % % % %


                                   0 J e 0 0 e 0 e e 0 00 11 0 0 e e e 011 0



                                 % %e%I%e%0 %e% e%e%e%e%
                                               Transition   rea






                    The square footage in the compensation
                    area is equal to that of the reduction area.
















                                 A-I   59










                   (b) Subject to the limitations contained in this
              subsection and to the limitations of (c) and below, an
              applicant may change the shape of a transition area
              consistent with a Department approved transition area
              averaging plan. Portions of the required transition area
              width may be reduced provided that the reduction in width is
              compensated, on a square footage basis, by the expansion of
              another portion of the same transition area on property
              owned or legally controlled by the applicant, and provided
              that the resulting transition area continues to serve the
              purposes of a transition area set forth in N.J.A.C. 7:7A-
              6.1(a) and (b).

                   1.    The Department,shall not approve any transition
              area averaging plan for exceptional resource value wetlands
              if any of the following site conditions exist because the
              Department has determined that the resultant transition area
              will no longer serve the purposes of a transition area set
              forth in N.J.A.C. 7:7A-6.1(a) and (b):

                   i.   The slope of the existing, pre-activity transition
              area where the reduction is proposed is greater than 25
              percent;

                   ii. The freshwater wetland adjacent to the transition
              area is a breeding or nesting habitat for "threatened or
              endangered species," as defined at N.J.A.C. 7:7A-1.4; or

                   iii. The transition area averaging plan proposes to:

                   (1) Compensate for the reduction of the transition area
              by increasing the width of any portion of the transition
              area to more than 50 percent of the standard transition area
              width;

                   (2) Reduce the transition area in order to place or
              construct a new septic system which discharges onsite; or

                   (3) Reduce the transition area to place or construct an
              outfall structure that is discharging or will discharge
              unfiltered or otherwise untreated stormwater into the
              adjacent wetlands.

                   2. For an exceptional resource value wetland, in the
              case where an averaging plan is applied for in conjunction
              with a transition area reduction, regardless of the
              reduction width approved, theaveraging plan shall be
              calculated on a minimum 100 foot width; or

                   3. In no case shall the width of any part of a
              transition area adjacent to a freshwater wetland of
              exceptional resource value be reduced to less than 75 feet
              except pursuant to N.J.A.C. 7:7A-7.1(f) (transition area




                                       A-I   60









              waiver for access to authorized activities), or N.J.A.C.
              7:7A-7.2(a) (standards for width reduction) unless the
              applicant demonstrates, to the satisfaction of the
              Department that if the activity was instead proposed in the
              exceptional resource value wetland it would meet the
              standards for granting a freshwater wetlands permit.

                    4. The Department shall not approve any transition area
              averaging plan for intermediate resource value wetlands if
              the following site conditions exist because the Department
              has determined that the resultant transition area will no
              longer serve the purposes of a transition area set forth in
              N.J.A.C. 7:7A-6.1(a) and (b):

                    i.  The slope of the existing, pre-activity transition
              area where the reduction is proposed is greater than 25
              percent;

                  ii.   The transition area averaging plan proposes to:

                    (1) Reduce any portion of the transition area to less
              than 10 feet:

                    (2) Reduce the transition area to less than 25 feet in
              areas of critical habitat;

                    (3) Reduce the transition area to 10 feet wide for a
              continuous distance of 100 linear feet or more along the
              freshwater wetlands boundary;

                    (4) Compensate for the reduction of the transition area
              by increasing the width of any portion of the transition
              area to more than 50 percent of the standard transition area
              width;

                    (5) Reduce the transition area to place or construct
              a new septic system in the transition area which discharges
              onsite;

                    (6) Reduce the transition area to place or construct an
              outfall structure that is discharging unfiltered or
              otherwise untreated stormwater into the adjacent wetlands;

                    (7) Place structures, impervious surfaces or stormwater
              management facilities as defined at N.J.A.C. 7:7A-7.4 within
              20 feet of the freshwater wetlands; or

                    (8) Reduce the transition area to less than 25 feet
              within the drainage basins of currently existing or proposed
              National Wildlife Refuges.

                    (c) A transition area averaging plan shall be based on
              each individual freshwater wetland and its associated
              transition area. Any expansion(s) of a transition area to



                                        A-I  61









              compensate for a reduction elsewhere shall be located on the
              same transition area as the reduction, shall be adjacent to
              the same freshwater wetland where the transition area was
              reduced, and shall be on property owned or legally
              controlled by the applicant.

              7:7A-7.6 Application contents for transition area waivers

                    (a) Except for applications for a special activity
              waiver based on Statewide general permit #25 for repair or
              alteration of malfunctioning individual subsurface sewage
              disposal systems pursuant to N.J.A.C. 7:7A-7.4(e), the
              application for a transition area waiver shall include the
              applicable fee for the review and processing of a transition
              area waiver application specified at N.J.A.C. 7:7A-16 and
              three copies of the following information. Applicants
              seeking authorization pursuant to N.J.A.C. 7:7A-7.4(e),
              shall comply with the notification procedures found at (c)4
              below:

                    1.   A completed application form, obtainable at the
              address at N.J.A.C. 7:7A-1.3, filled out as directed for a
              transition area waiver in the instructions accompanying the
              application form;

                    2.   A written description of the location of the
              proposed activity and property including county,
              municipality, municipal lot(s), block(s) and street address;

                    3.   A copy or photocopy of a portion of the U.S.
              Geologic Survey (U.S.G.S.) 7.5 minute quadrangle map
              (available from the Department's Maps and Publications
              Office, CN 402, Trenton, N.J., 08625) with the property
              clearly outlined, and a determination of the State Plane
              Coordinates for the center of the property. The accuracy of
              these coordinates should be within 50 feet of the actual
              point. For linear projects, the applicant shall provide
              State plane coordinates for the end-points of those projects
              which are 1999 feet or less, and for those projects which
              are 2000 feet and longer, additional coordinates at each
              1000 foot interval;

                    4.   A folded preliminary site plan or subdivision map
              of the property, or folded out-bound survey map of the
              property if no preliminary site plan or subdivision map
              exists, clearly identifying all proposed activities on the
              entire property, all existing structures on the property,
              and the freshwater wetland boundary as verified through a
              Letter of Interpretation;

                    i.   Note: If the freshwater wetlands boundary shown
              on the site plan or subdivision map has not been verified by
              an LOI, the freshwater wetland boundary shall be visibly
              flagged and/or staked in the field.




                                         A-I  62










                   5.   A detailed written description of the proposed
              activity or activities, describing the total area to be
              modified by the entire project, and the total square footage
              of the transition area potentially affected, either
              temporarily or permanently.

                   6.   A certified mail return receipt card, white
              receipt or green card is acceptable, from the U.S. Post
              office, showing that a complete copy of the submittal to the
              Department requesting a transition area waiver, including
              all materials required by this subsection, has been
              submitted to the clerk of each municipality in which the
              prohibited activity is proposed to take place.

                   7.   A certified mail return receipt card, white
              receipt or green card is acceptable, from the U.S. Post
              Office, showing that a written notice has been forwarded to
              the municipal construction official, the environmental
              commission, or any other public body with similar
              responsibilities, planning board of each municipality, and
              the planning board of each county in which the activity is
              to occur and all landowners within 200 feet of the subject
              property. One written notice may be submitted for multiple
              applications so long as all notification requirements for
              each separate subsection is met. The written notice shall
              include, at a minimum, the following information and
              statement:

                   i.   The name(s) and address(es) of the property
              owner(s);

                   ii. The property location by municipal lot(s) and
              block(s), municipality, county, and street address;

                   iii. A description of the proposed project and types of
              activities in the transition area;

                   iv. A map of the type required by (a)3 above showing
              the location of the property; and

                   V., The following statement:

                   "This letter is to provide you with legal notification
              that the referenced property owner is applying to the Land
              Use Regulation Element, Department of Environmental
              Protection and Energy, for a transition area waiver. The
              rules governing transition areas are found at N.J.A.C. 7:7A
              (Freshwater Wetlands Protection Act Rules).

                   A transition area waiver, if approved by the
              Department, will allow certain prohibited activities, as
              defined in N.J.A.C. 7:7A-6.2, to occur in a transition area.
              A transition area is an area adjacent to a freshwater



                                      A-I   63









             wetlands which minimizes adverse environmental impacts on
             the freshwater wetlands and serves as an integral component
             of the freshwater wetlands ecosystem. A transition area can
             extend up to 150 feet from the freshwater wetlands boundary
             depending on the resource value classification of the
             freshwater wetlands.

                  A copy of the application can be viewed at the
             Municipal Clerk's Office or by appointment at the address
             below during normal business hours. The Department welcomes
             comments on the transition area waiver application.
             Procedures for the Department's review of transition area
             waiver applications can be found at N.J.A.C. 7:7A-7.7.
             Written comments should be submitted to the Department
             within 15 days of receiving notice. Comments will be
             accepted until the Department makes a decision on the
             application. Please submit your written comments along with
             a copy of this letter to:

                     New Jersey Department of Environmental Protection
                     and Energy
                     Land Use Regulation Element
                     Bureau of Regulation
                     CN 401
                     Trenton, New Jersey 08625
                     att: (County in which the property is located)
                     Section Chief

                  As part of the Department's review of this application,
             Department personnel may perform a site inspection on your
             property. This site inspection will involve only that area
             of your property within 150 feet of the applicant's property
             line. This site visit will involve a visual inspection and
             possibly minor soil borings using a 411 diameter hand auger.
             The inspection will not result in any damage to vegetation
             or to improvements on your property.

                  The Department will notify the environmental commission
             or any other public body with similar responsibilities, and
             the planning board and the municipal construction official
             of each municipality and the planning board of each county
             in which the activity is to occur of the Department's final
             decision concerning this transition area waiver
             application;"

                 vi. If the proposed project involves a linear facility
             such as a pipeline or road of more than .5 miles, instead of
             notifying all landowners within 200 feet of the
             property(ies) lines, the applicant shall give public notice
             by publication of a display advertisement. The
             advertisement shall be a minimun of four column inches and
             be published in at least one newspaper of local circulation
             and one of regional circulation in the municipality. In
             addition, notice shall be given to owners of all real



                                       A-I 6 4









               property within 200 feet of any above surface structure
               related to the linear facility, such as pumping stations,
               treatment plants, power substations, grade separated
               interchanges or similar structures. This does not include
               utility support structures or conveyance lines.

                    8.   Written consent by the applicant to allow access
               to the subject property by representatives or agents of the
               Department for the purpose of conducting site inspections or
               surveys of the freshwater wetlands and transition areas
               thereon; and

                    9.   Any information establishing a claim of hardship
               as determined pursuant to N.J.A.C. 7:7A-7.2(f) or 7.3(e), if
               applicable.

                    (b) If the freshwater wetlands boundary on the
               property has not been confirmed or delineated by the
               Department through a letter of interpretation pursuant to
               N.J.A.C. 7:7A-8 and the property is greater than one acre,
               the applicant shall also provide as part of the transition
               area waiver application the information required in N.J.A.C.
               7:7A-8.3(a), except for the notice requirements at 8.3(a)8
               and 9, and 8.3(b)2, Application for letters of
               interpretation. For Special Activity Waivers based on
               Statewide general permits pursuant to N.J.A.C. 7:7A-7.4(e),
               a wetlands delineation is only required for the area of the
               proposed activity.

                    (c) In addition to the information required in (a) and
               (b) above, the following information shall be submitted
               depending on the type of transition area waiver(s) requested
               in the application:

                    1.   To reduce the standard transition area width
               pursuant to N.J.A.C. 7:7A-7.2 and 7.3 (except pursuant to
               7.2(d):

                    i.   A description of the dominant vegetational
               community in the standard transition area, as described at
               N.J.A.C. 7:7A-7.2(e)l;

                         I
                    ii. The slope of   the standard transition area, as
               determined pursuant to  N.J.A.C. 7:7A-7.2(e)2; and

                    iii. The development intensity of the proposed project,
               as determined pursuant to N.J.A.C. 7:7A-7.2(e)3.

                    2.   To reduce the standard transition area width
               pursuant to N.J.A.C. 7:7A-7.2(d), a proposal containing:

                    i.   A detailed description of the size and type of the
               transition area planting project;





                                        A-I   65









                   ii. A site plan showing the location of the proposed
              work and a cross-sectional and plan view of the proposed
              work;

                   iii. A description of the types of native trees and
              shrubs to be planted and at what spacing, as well as the
              type of seeding, fertilization and other stabilization
              activities;

                   iv. A monitoring and maintenance plan of the reduced
              transition area to ensure no less than 85 percent area
              coverage in the entire 100 foot wide transition area and no
              less than 85 percent survival of the plants for three years;

                   V.   A schedule from initiationto completion of the
              planting project including the dates of planting and
              fertilization (rates and types), dates of monitoring
              measurements, as well as any other activities;

                   vi. Existing soil type(s) and soil conditions in the
              transition area; and

                   vii. Proof that the standard transition area has been
              part of an "established, ongoing farming, ranching or
              silviculture operation" as defined at N.J.A.C. 7:7A-1.4
              within the two years prior to submittal of the application.

                   3. For a special activity transition area waiver for
              the construction of a stormwater management facility or a
              linear development pursuant to N.J.A.C. 7:7A-7.4:

                   i.   A written alternatives analysis describing the
              various alternatives considered including a written
              description and site plan drawings of each possible
              alternative considered and the reason(s) each alternative is
              not considered feasible.

                   4. For a special activity transition area waiver for a
              general permit activity pursuant to N.J.A.C. 7:7A-7.4(e),
              except for those based on Statewide general permit number 25
              as described below at (c)4ii:

                   i. All of the information required for determining
              compliance with the criteria of the specific general permit
              activity pursuant to N.J.A.C. 7:7A-9.2(a).

                   ii. A person proposing to engage in activities pursuant
              to N.J.A.C. 7:7A-7.4(e), based on Statewide general permit
              number 25, repair or alteration of malfunctioning individual
              subsurface sewage disposal systems, shall submit written
              notice containing a description of the proposed activities
              to the Department at least 30 days prior to commencement of
              work. This notification shall include a description and
              plan of the activities and their location including



                                       A-I   66









             municipality, county, block, and lot; and an approval from
             the Board of Health or its designated agent for the proposed
             activities. If the Department fails to notify the applicant
             within 30 days of receiving the notificationf the special
             activity waiver shall be deemed to have been approved, to
             the extent that the activity does not violate other statutes
             or regulations then in effect, and subject to any standard
             terms and conditions pursuant to N.J.A.C. 7:7A-9.3.

                   5. For a special activity transition area waiver for
             redevelopment of a transition area pursuant to N.J.A.C.
             7:7A-7.4(f):

                   i. Plans showing location and extent of existing
             impermeable surfaces in relation to transition area.
                   ii. Plans showing location and extent of proposed
             development and attendant features including but not limited
             to septic systems discharging onsite, and stormwater
             outfalls and proposed mechanism to treat stormwater runoff
             prior to leaving the site.

                   6. For a transition area averaging plan pursuant to
             N.J.A.C. 7:7A-7.5, a statement that includes:

                   i.  The total square footage of the standard
             transition area;

                   ii. The total  square footage of the transition area to
             be disturbed by the  proposed project;

                   iii. The total square footage proposed for transition
             area reduction, and  proposed for transition area expansion
             in compensation for  the proposed reduction, pursuant to the
             transition area averaging plan; and

                   iv. A site plan showing and clearly labeling the
             standard transition area, the proposed area of reduction of
             the standard transition area, and the proposed areas
             adjacent to the standard transition area that will be added
             to the standard transition area as square footage
             compensation for the reduction. The transition area shown
             on the site plan shall be reproducible in the field.

                   (d) Applicants shall perform recordkeeping activities
             for transition area waiver applications according to the
             requirements at N.J.A.C. 7:7A-11.2.

                   (e) All transition area waiver applications shall be
             signed according to the signatory requirements at N.J.A.C.
             7:7A-11.3.

                   (f) All transition area application fees shall be paid
             according to the requirements set forth for payment of



                                       A-I  67









             permit fees at N.J.A.C. 7:7A-16.

             7:7A-7.7 Procedure for review of transition area waiver
             applications

                   (a) Within 30 days of the receipt of an application
             for a transition area waiver, the Department shall review
             the application for completeness and may return all
             materials contained in a deficient application with a
             request for additional information, or declare the
             application complete. If the application does not include
             the fee specified at N.J.A.C. 7:7A-16, no action shall be
             taken by the Department under this section, the submittal
             will not be considered an application, and completeness
             review will not begin.

                   (b) If additional information is required of an
             applicant, the Department shall have 15 days after receipt
             of the information to request clarification of the submitted
             additional information. In such cases, the application
             shall not be considered complete until the clarification is
             received by the Department. If no clarification of the
             additional information is necessary, the application shall
             be considered complete as of the date of receipt of the
             additional information.

                   (c) Except as indicated in (d) and (h) below, the
             'Department shall issue or deny a transition area waiver
             within 90 days of receiving a complete transition area
             waiver application or within 90 days after receipt of the
             requested additional information or clarification sufficient
             for the application to be considered complete.

                   (d) If the transition area waiver application is
             submitted together with an individual freshwater wetlands
             permit application concerning the same property, the
             Department shall approve or deny the transition area waiver
             within the time period set forth in N.J.A.C. 7:7A-12 for the
             approval or denial of the individual freshwater wetlands
             permit application.

                   (e) Applications may be cancelled by the Department or
             withdrawn, amended, or resubmitted by the applicant pursuant
             to N.J.A.C. 7:7A-7.10.

                   (f) When a transition area waiver is issued pursuant
             to this subchapter, the Department shall send copies to all
             municipal and county agencies which received copies of the
             transition area waiver application.

                   (g) The Department will provide notice of application
             for a transition area waiver, the status of all
             applications, and the final decision concerning all
             applications in the DEPE Bulletin, as set,forth in N.J.A.C.



                                       A-I  68












              7:7A-12.4.


                   1.   Copies of all transition area waiver applications
              will be available for public review by interested persons at
              the Municipal Clerk's office and in the offices of the
              Department in Trenton (see N.J.A.C. 7:7A-1.3 for address) by
              appointment during normal business hours.

                   (h) Within 20 days of publication of the notice of
              application in the DEPE Bulletin, interested persons may
              request in writing that the Department hold a public hearing
              on a particular application. The Department will set a
              time, place and date for the public hearing after the close
              of the 20 day hearing request period, and shall so notify
              the applicant. The Department will hold the public hearing
              within 60 days from the close of the 20 day period. The
              hearing shall be in the county wherein the transition area
              is located whenever practicable. The applicant is
              responsible for the cost of the hearing.

                   1.   The Department may issue or deny a waiver without
              a public hearing unless there is a significant degree of
              public interest in the application.   If the Department
              grants a hearing, the application shall not be considered
              complete until 15 days after the public hearing.

                   2.   The Department and the applicant shall follow the
              public hearing procedures for freshwater wetlands permits
              established N.J.A.C. 7:7A-12.4(d) through (i).

                   (i) The Department shall establish conditions in
              transition area waiver as required on a case-by-case basis,
              to assure compliance with all applicable provisions of this
              chapter and the Act.

              7:7A-7.8 Hearings and appeal

                   The applicant or other affected party, if aggrieved by
              the Department's decision regarding a transition area
              waiver, may request a hearing on this decision pursuant to
              N.J.A.C. 7:7A-12.7.


              7:7A-7.9 Duration, effect, modification and transfer of
              transition area waiver

                   (a) A transition area waiver issued by the Department
              shall be effective for a fixed term of five years.

                   (b) If construction is begun during the valid five
              year term of the waiver and performed on a continuous basis,
              the applicant may apply for an extension of the effective
              date of the waiver.

                   (c) If construction does not begin in the transition



                                      A-I   69









             area within the five year term of the waiver a new waiver
             application will be required.

                  (d) The issuance of a transition area waiver does not
             convey property rights of any sort, or any exclusive
             privilege.

                  (e) In the event of rental, lease, sale or other
             conveyance of the site by the permittee, the waiver shall be
             continued in force and shall apply to the new tenant,
             lessee, owner or assignee so long as there is no change in
             the site, proposed construction or proposed use of the
             facility, as described in the original application, and as
             long as a waiver modification pursuant to N.J.A.C. 7:7A-13
             has been approved.

             7:7A-7.10 Cancellation, withdrawal, resubmission and
             amendment of applications

                  (a) Applications may be cancelled by the Department;
             or withdrawn, amended, or resubmitted by an applicant.

                  (b) If an application is not complete for final review
             within 60 days of a request for additional information, the
             Department shall send a letter canceling the application and
             stating that the application will be purged from Department
             files and that a new application will be required to
             reactivate the Department's review. If the applicant sends
             the Department a letter documenting good cause for not
             supplying the requested information within the 60 day period
             the Department will grant an automatic extension of 30 days.
             The Department will grant additional 30-day extensions upon
             receiving a written request for such extension from the
             applicant.

                  1.   All fees submitted with an application
             subsequently cancelled shall be non-refundable.

                  (c) An applicant may withdraw an application at any
             time in the application review process. All fees submitted
             with such applications are non-returnable when a significant
             portion of the review has been completed. In some cases
             however (see (d) below) the fees may be credited toward
             future applications.

                  (d) If an application is cancelled, denied or
             withdrawn, the applicant may resubmit an application for a
             revised project on the same site. The resubmitted
             application will be treated as a new application, although
             references may be made to the previously submitted
             application. A new fee will be required unless application
             is resubmitted within one year of the date of denial or
             withdrawal, in which case the original waiver fee may be
             credited to the new application.



                                      A-I  70










                   (e) A waiver application may be amended at the
              applicant's discretion at any time as part of the waiver
              review process. Copies of amendments and amended
              information shall be distributed by the applicant to the
              same persons to whom copies of the initial application were
              distributed. All amendments to pending applications shall
              constitute a new submission and may at the Department's
              discretion require reinitiation of the entire review
              process.


              SUBCHAPTER S. LETTERS OF INTERPRETATION


              7:7A-8.1 Purpose

                  A person proposing to engage in a regulated activity in
              a freshwater wetland and/or open water, or in a regulated
              activity which requires a transition area waiver , or
              desiring the information for other purposes, may request
              from the Department a letter of interpretation (LOI) to
              establish either the presence or absence, of freshwater
              wetlands, State open waters or transition areas or the
              verification of the boundary of wetlands, open waters,
              and/or transition areas on a project site. The information
              provided by this letter then may be used in applying for a
              permit from the Department, for activities proposed in a
              freshwater wetland, State open water, or transition area.

                   In addition to the above information, if the subject
              property has wetlands within or adjacent to its boundaries,
              or transition areas located within its boundaries, a
              resource value classification will be provided with the
              letter of interpretation.

                  A letter of interpretation only provides information on
              the location or presence of wetlands, open waters, and/or
              transition areas and does not grant an approval to the
              applicant to conduct any regulated or prohibited activities.

              7:7A-8.2 Types of letters of interpretation

                   (a) Various types of letters of interpretation are
              available from the Department, depending on the type of
              information requested by the applicant, the size of the
              right-of-way or size of the parcel (based on municipal tax
              block and lot), or the project (based on the pro posed limits
              of disturbance) for which the letter will be issued. The
              types of letters of interpretation are as follows:

                        1. Presence or absence determination: The
              Department will issue an LOI determining whether any
              freshwater wetlands, State open waters or transition areas
              exist on a right-of-way or parcel (limits defined by
              municipal tax block and lot boundaries or ROW description).



                                      A-1   71









             This LOI will not determine the location of these features,
             but only whether they are present and the resource value
             classification if wetlands are present. This LOI will be
             issued for any size parcel.

                        2. Footprint of disturbance - Presence or absence
             determination: The Department will issue an LOI determining
             only the presence or absence of wetlands, State open waters
             or transition areas for projects which have proposed limits
             of disturbance totally contained within an area of one acre
             or less. The limits of disturbance of the proposed project
             must be flagged in the field and indicated on an out bound
             survey. The Department may at its discretion require that
             the limits of disturbance be surveyed upon completion of the
             field inspection. The project limits must include all
             possible disturbances, either temporary or permanent in
             nature, that are a result of the proposed regulated
             activities listed in N.J.A.C. 7:7A-2.3, Regulated
             Activities, and N.J.A.C. 7:7A-6.2, Prohibited activities in
             transition areas. Examples of activities that shall be
             indicated on the plans include, but are not limited to the
             following: clearing of vegetation, grading or earth work,
             construction of any buildings, location of wells and septic
             systems, placement of any impervious surfacing for walkways,
             driveways, or parking lots, and any landscaping.

                        3. Regulatory line delineation: The Department
             will issue a letter of interpretation, delineating the
             limits of any wetlands, State open water or transition areas
             present on a parcel or right of way of one acre or less,
             whose limits are defined by municipal tax block(s) and
             lot(s) boundaries or ROW description. The Department may
             require that the wetlands line be surveyed upon completion
             of the field inspection.

                        4. Regulatory line verification: The Department
             will issue a letter of interpretation verifying an
             applicant's delineation of the boundaries of a wetland,
             open water and/or transition area present on parcels or
             rights-of-way over one acre in sizei,    The limits of the
             parcel or right of way must be defined by municipal tax
             block(s) and lot(s) boundaries or ROW description.

              7:7A-8.3 Application for letters of interpretation

                   (a) The application for a letter of interpretation
             shall include the applicable fee for the review and
             processing of a letter of interpretation application
             specified at N.J.A.C. 7:7A-16.2 and three copies of the
             following information:

                        1. Name and address of owner(s) of the property,
             municipality, county, block and lot number(s) or ROW
             description;



                                       A-1   72











                        2. A folded out-bound survey of the property or a
              folded site plan, if available. If the applicant is applying
              for a Presence or absence determination pursuant to N.J.A.C.
              7:7A-8.2(a)l, a tax map may be substituted to satisfy this
              requirement. The survey or site plan should include all
              natural or human-made features such as structures, fences,
              streams, ponds, treelines, etc. In addition, the corners of
              the property boundary shall be visibly flagged and/or staked
              in the field to facilitate the on-site inspection;

                        3. A copy of the current municipal tax map for the
              subject property;

                        4. A copy of the appropriate county road map or
              other local street map clearly indicating the location of
              the subject property;

                        5. A folded copy of the appropriate portion of a
              U.S. Geologic Survey Quadrangle Map for the parcel site with
              the boundaries of the parcel (defined by tax block and lot)
              or project (limits of disturbance) clearly outlined, and a
              determination of the State Plane Coordinates for the center
              of the parcel. The accuracy of these coordinates should be
              within 50 feet of the actual point. For linear projects,
              the applicant shall provide State plane coordinates for the
              end-points of those projects which are 1999 feet or less,
              and for those projects which are 2000 feet and longer,
              additional coordinates at each 1000 foot interval;

                        6. A copy of the appropriate United States
              Department of Agriculture, Soil Conservation Service County
              Soil Survey sheet., with the boundaries of the subject parcel
              (defined by tax block and lot) or project (limits of
              disturbance) clearly outlined. The sheet number of the Soil
              Survey shall be included;

                        7. For the copies of the applications submitted to
              the Department, clear color photographs of the property (a
              minimum of four views is recommended) with description and
              location of each view;

                        8. Verification that a certified mail notice with
              return receipt requested (white receipt or green card is
              acceptable) and a complete copy of the request for a letter
              of interpretation including all materials required by this
              subsection, have been forwarded to the clerk of the
              municipality in which the parcel or project is located;

                        9. Verification that certified mail notice with
              return receipt requested (white receipt or green card is
              acceptable) has been forwarded to the environmental
              commission, or any public body with similar
              responsibilities, the planning board and the municipal




                                        A-T 73









             construction official of each municipality, and the planning
             board of each county in which the parcel or project is
             located and landowners within 200 feet of the legal boundary
             line of the subject property or properties. Applicant must
             also provide a list of landowners within 200 feet. The
             written notices satisfying this item and item 9 above may be
             filed concurrently with notices required pursuant to
             N.J.S.A. 40:55D-1 et seq. (The Municipal Land Use Law), but
             should be mailed no sooner than two working days before the
             application package is delivered to the Department. This
             will allow ample time for the application to be processed to
             accommodate public review.    The written notice shall
             include, at a minimum, the following information and
             statement:


                             i. The name(s) and address(es) of the
             property owner(s);

                             ii. The property location described by
             block(s) and lot(s), municipality, county, and street
             address;

                             iii. A description of the proposed project or
             the reason for applying for a letter of interpretation; and

                             iv. The following statement:

             I'This letter is to provide you with legal notification that
             the referenced property owner is applying to the New Jersey
             Department of Environmental Protection and Energy, Land Use
             Regulation Element for a letter of interpretation.

             A letter of interpretation is a legal document that
             establishes either the presence or absence or limits of
             wetlands, open water or transition areas on a subject
             property as defined at N.J.S.A. 13:9B-1 et seq. The width
             of the transition area adjacent to a wetland is determined
             by the resource value classification of the wetland. This
             information is also provided by a letter of interpretation.
             If any of these features are present on a parcel the
             Department will regulate many aspects of development on
             those areas as defined in N.J.A.C. 7:7A-1.4, Regulated
             activities.

             The complete letter of interpretation application package
             can be reviewed at either the municipal clerk's office or by
             appointment at the Land Use Regulation Element office at the
             address listed below. The Department welcomes comments and
             any information that you may provide concerning the presence
             of wetlands, open water or transition areas on the
             referenced parcel. Written comments should be submitted
             within 15 days of receiving this letter. Comments will be
             accepted until the Department makes a decision on the
             application. Please submit your written comments along with



                                       A-I  74









              a copy of this letter to:

                    New Jersey Department of Environmental Protection and
                    Energy
                    Land Use Regulation Element
                    Bureau of Regulation
                    CN 401
                    5 Station Plaza
                    Trenton, New Jersey 08625
              att: (County in which the property is located) Section Chief

              As part of  the Department's review of this application,
              Department  personnel may perform a site inspection on your
              property.   This site inspection will involve only land
              within 150  feet from the applicant's property line. This
              site visit  will involve a visual inspection and possibly
              minor soil  borings using a 411 diameter hand auger. The
              inspection  will not result in any damage to vegetation or
              any improvements on your property.

              The Department will notify the environmental commission, the
              planning board of the municipality and the municipal
              construction official of the Department's determination in
              the letter of interpretation.";

                    v. If the proposed project involves a linear facility
              such as a pipeline or road of more than .5 miles, instead of
              notifying all landowners within 200 feet of the
              property(ies) lines, the applicant shall give public notice
              by publication of a display advertisement. The
              advertisement shall be a minimun of four column inches and
              be published in at least one newspaper of local circulation
              and one of regional circulation in the municipality. In
              addition, notice shall be given to owners of all real
              property within 200 feet of any above above surface
              structure related to the linear facility, such as pumping
              stations, treatment plants, power substations, grade
              separated interchanges or similar structures. This does not
              include utility support structures or conveyance lines.

                         10. Unconditional written consent by the owner of
              the subject property to allow access to the site by
              representatives or agents of the Department for the purpose
              of conducting a site inspection or survey of the freshwater
              wetlands, State open waters or transition areas thereon;

                         11. A fee pursuant to N.J.A.C. 7:7A-16, as
              indicated on the printed fee schedule which is available
              from the Department.

                    (b) In addition to the information required in (a)
              above, the following information shall be submitted
              depending on the type of Letter of Interpretation requested
              in the application:



                                        A-I  75










                  1. For a letter of interpretation for a footprint of
             disturbance - presence or absence determination pursuant to
             N.J.A.C. 7:7A-8.2(a)2:

                  i. The limits of all disturbance of any proposed
             regulated activities, including grading, shall be clearly
             indicated and labeled on an out-bound survey with a scale of
             one inch equals no more than 50 feet. These limits must
             encompass no more than one acre in total. In addition, the
             project limits shall be visibly flagged and/or staked in the
             field with numbered flags and referenced by matching numbers
             on the out-bound survey. The flags and/or stakes shall be
             set in relation to known points and landmarks if available,
             so that the limits can be reestablished. The Department may
             at its discretion require that the limits of disturbance be
             surveyed upon completion of the field inspection.

                  2. For a letter of interpretation for a regulatory line
             verification pursuant to N.J.A.C. 7:7A-8.2(a)4:

                    i. The applicant shall provide a folded out-bound
             survey or folded site plan of the property. The scale of
             the survey shall be one inch equals no more than 100 feet.
             If the subject parcel is located in either Middlesex or
             Mercer County or north of these counties, the survey must
             include topography depicting contours at no greater than
             five foot intervals. For counties south of Middlesex and
             Mercer, the survey must include topography depicting, at a
             minimum, two foot contours.

                  (1) The proposed wetlands and/or open waters boundary
             must be clearly indicated and labeled on the out-bound
             survey. The boundary must be accurate enough to allow
             Department personnel to locate the wetland boundary in the
             field. A surveyed line will only be required after the line
             has been verified by the Department and only for properties.
             of five acres or more;

                  (2) The locations of all soil borings or pits, if
             applicable, shall be indicated on the survey and numbered.
             Soil logs should be presented with an indication of the
             depth to the seasonal high water table. Soil borings must
             be to a minimum depth of 24 inches on transects
             perpendicular to the wetlands boundary starting in the
             definite wetlands area and moving towards the uplands. In
             wetlands with atypical characteristics, or in wetlands which
             have been disturbed by human activities or as otherwise
             deemed appropriate, the Department may require deeper
             borings as needed;

                  (3) Vegetative species, recorded at soil boring
             locations, and classified using United States Fish and
             Wildlife Service categories as listed under "R/IND" and




                                      A-I  76









              "NAT-IND" (Regional and National Indicators) columns in the
              "National List of Plant Species that Occur in Wetlands:
              1988-New Jersey" and amendments thereto, compiled by the
              USFWS, United States Army Crop of Engineers (Corps), USEPA
              and the United States Soil Conservation Service;

                    (4) The wetlands and/or open water boundary line shall
              be visibly flagged and/or staked in the field with numbered
              flags, placed no greater than 75 feet apart, and referenced
              by matching numbers on the out-bound survey. 'The flags
              and/or stakes are to be set in relation to known points and
              landmarks if available, so that the boundary can be re-
              established;

                    (5) Name of the person who prepared the proposed
              wetland and/or open water boundary.

              7:7A-8.4 Onsite inspections

                    (a) For properties greater than one acre in size, the
              Department shall require an applicant for a letter of
              interpretation to submit to the Department an onsite
              wetlands delineation using the three-parameter method to
              determine or verify the location of the freshwater wetland
              boundary.    The line shall be subject to approval and
              verification by the Department.

                    (b) If the Department determines that onsite
              inspection by the Department is necessary, the Department
              shall conduct an inspection, and the time specified in this
              subchapter for issuance of the letter of interpretation
              shall be extended by 45 days.

                    (c) Depending upon the specific project location and
              its proximity to documented hydrologic indicators, and other
              available information and documentation, the Department may
              issue a letter of interpretation without conducting a site
              inspection.

              7:7A-8.5 Local review

                    The Department, in determining the, presence or absence
              of freshwater wetlands, State open waters and transition
              areas and the location of their-boundaries if they are
              present, shall consider comments filed by municipal and
              county governments and interested citizens. Comments filed
              by the clerk, environmental commission or any public body
              with similar responsibilities and planning board of a
              municipality or county, or municipal construction official
              will be actively considered as part of all determinations.
              Written comments should be submitted to the Department
              within 15 days of receiving notice. Comments will be
              accepted until the Department makes a decision on the
              application.



                                         A-I 7 7










             7:7A-8.6 Effect of a letter of interpretation

                  A person who receives a letter of interpretation
             pursuant to this subchapter shall be entitled to rely on the
             determin'ation of the Department, concerning the presence or
             absence, or the extent of freshwater wetlands and/or State
             open waters, for a period of five years unless the letter of
             interpretation is determined to have been based on
             inaccurate information, in which case it shall be void.

             7:7A-8.7 Reissuance of a Letter of Interpretation

             A Letter of Interpretation may be extended beyond the five
             year time period, but not to exceed five years from the
             original expiration date. Requests for extensions shall be
             made in writing to the Department before the letter has
             expired and shall include the file number, a copy of the
             originally approved plans and fee as specified at N.J.A.C.
             7:7A-16.2. Applicants will be required to submit a new
             application if an extension is not applied for prior to the
             expiration date of the letter of interpretation. The term
             of the letter may be extended provided that the information
             upon which the original letter was based remains valid.
             ?:7A-8.8 Effect of non-issuance of a letter of
             interpretation within time allotted

                  (a) Within 20 days after receipt of a request for a
             letter of interpretation, the Department may require the
             submission of any additional information necessary to*issue
             the letter of interpretation.

                  (b) If no additional information is requested, the
             Department shall issue a letter of inerpretation within 30
             days after receiving the request.

                  (c) If additional information is requested by the
             Department in order to issue a letter of interpretation, the
             Department shall issue a letter of interpretation within 45
             days after receipt of the information sufficient to declare
             the application complete.

                  (d) Any person who requests a letter of interpretation
             pursuant to the provisions of the Act and this chapter, and
             does not receive a response from the Department within the
             deadlines imposed in this subchapter shall not be entitled
             to assume that the site of the proposed activity which was
             the subject of the request for a letter of interpretation is
             not in a freshwater wetland or a transition area.

                  (e) A person who requests a letter of interpretation
             and does not receive a response within the above deadlines
             may directly apply for a freshwater wetlands permit. In the




                                      A-T  78









              event that a letter of interpretation is not issued within
              the deadlines imposed in this subchapter, the letter of
              interpretation fee will be applied to a permit application
              fee at the applicant's request.

              7:7A-8.9 Cancellation, and resubmission of applications

              If an application is not complete for final review within 60
              days of a request for additional information, the Department
              shall send a letter cancelling the application and requiring
              the application for a freshwater wetlands permit or
              transition area waiver. A new application will be required
              to reactivate the Department's review. If the applicant
              sends the Department a letter documenting good cause for not
              supplying the requested information within the 60 day period
              the Department will grant an automatic extension of thirty
              days. The Department will grant additional 30-day
              extensions upon receiving a written request for such
              extension from the applicant.



              SUBCHAPTER 9. GENERAL PER24ITS

              7:7A-9.1 General standards for issuing Statewide general
              permits

                   (a) This section details the process for the issuance
              of new Statewide General permits and the readoption of
              previously issued Statewide General permits (except for
              Statewide general permits numbers 6 and 7). The remaining
              sections in this subchapter detail the process for
              authorizing various activities under the issued Statewide
              General permits. Before issuing or reissuing a Statewide
              general permit, the Department will propose a draft
              Statewide general permit in the form of a rule proposal
              pursuant to the New Jersey Administrative Procedure Act,
              N.J.S.A. 52:14B-1 et seq. In addition to these public
              notice and comment procedures, the Department will send a
              copy of the draft general permit to USEPA, and will issue a
              public notice meeting the requirements of N.J.A.C. 7:7A-
              11.1(a).

                   (b) The Department may issue Statewide general permits
              only if all of the following conditions are met:

                  1. The activities meet the limitations specified in
              (c)l below;

                  2. After conducting an environmental analysis the
              Department determines that the regulated activities will
              cause only minimal adverse environmental impacts when
              performed separately, will have only minimal cumulative
              adverse impacts on the environment, and will cause only
              minor impacts on freshwater wetlands and State open waters;



                                      A-T  79










                   3. After determining that the activity will be in
              conformance with the purposes of the Act, and will not
              violate the Federal Act; and

                   4. After providing public notice and opportunity for a
              public hearing.

                   (c) In addition to the conditions in N.J.A.C. 7:7A-
              13.1, N.J.A.C. 7:7A-9.3, and the applicable requirements of
              N.J.A.C. 7:7A-13.2, each general permit shall contain
              limitations as follows:

                   1.   A specific description of the type(s) of
              activities which are authorized, including limitations for
              any single operation, to ensure that the requirements of (a)
              above are satisfied. At a minimum, these limitations shall
              include:

                   i.   The maximum quantity of material that may be
              discharged;

                   ii.  The type(s) of material that may be discharged;

                   iii. The depth of fill permitted;

                   iv.  The maximum extent to which an area may be
              modified; and

                   V.   The size and type of structure that may be
              constructed.

                   2.   A precise description of the geographic area to
              which the general permit applies, including, when
              appropriate, limitations on the type(s) of water(s) or
              wetlands where operations may be conducted, to ensure that
              the requirements of (a) above are satisfied.

                   (d) The Department may modify a general permit issued
              pursuant to this subchapter by adding special conditions
              applicable to a particular project or activity which must be
              met in order to qualify for authorization under the general
              permit.

                   (e) The Department may rescind a general permit and
              thereafter require individual permits for activities
              previously covered by the general permit, if it finds that
              the general permit no longer meets the standards of the Act
              and this chapter.

                   (f) The Department shall review each general permit a
              minimum of every five years. This review shall include
              public notice and opportunity for public hearing. Upon this
              review the Department shall either modify, reissue or revoke



                                       A-I   80









              all general permits.

                   (g) If a general permit is not modified or reissued
              within five years of publication in the New Jersey Register,
              it shall automatically expire.

              7:7A-9.2 Statewide General Permit Authorization

                   (a)  The following activities in freshwater wetlands
              and State open waters may be authorized under the following
              Statewide General Permits provided the activity is in
              compliance with specific conditions contained in the
              Statewide General Permit and with the provisions in N.J.A.C.
              7:7A-9.2(b) and the standards and conditions for all
              Statewide General Permits in N.J.A.C. 7:7A-9.3 and provided
              the activities are in compliance with the Act, this chapter,
              and the Federal Act:

                   1.   The repair, rehabilitation, replacement,
              maintenance or reconstruction of any previously authorized,
              currently serviceable structure, fill, roadway, public
              utility, active irrigation or drainage ditch, or stormwater
              management facility lawfully existing prior to July 1, 1988
              or permitted under the Act, provided such activities do not
              deviate from plans of the original activity and further
              provided that the previously authorized structure, fill,
              roadway, iftility, ditch or facility has not been and will
              not be put to uses differing from those specified in any
              permit authorizing its original construction. 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;

                   2.   Discharge of material for backfill or bedding for
              utility lines, provided there is no change in
              preconstruction elevation and bottom contours. Excess
              material must be removed to an upland disposal area. A
              "utility line" is defined as any pipe or pipeline for the
              transportation of any gaseous, liquid, liquefiable, or
              slurry substance, for any purpose, and any cable, line, or
              wire for the transmission for any purpose of electrical
              energy, telephone and telegraph messages, and radio and
              television communication. The activities allowed by this
              Statewide General Permit shall comply with the following
              conditions:

                   i.   The activity encompasses no more than one acre of
              wetlands;

                   ii. The width of the area of disturbance within the
              right-of-way for the project is no more than 20 feet;



                                        A-I 8 1










                  iii. The project is not located in a wetland of
             exceptiona1 resource value;

                  iv. The upper-most 18 inches of any excavation is
             backfilled with the original soil material if feasible and
             otherwise with suitable material. The excavation must be
             backfilled to the preexisting elevation;

                  V.   The area above the excavation is replanted in
             accordance with applicable BMPs with indigenous wetland
             species; and

                  vi. The activity is designed so as not to interfere
             with the natural hydraulic characteristics of the wetland
             and watershed;

                  3.   Discharge of return water from an upland,
             contained, dredged material disposal area provided the State
             has issued a site specific or generic certification (Water
             Quality Certificate) under section 401 of the Federal Act.
             The dredging itself may also require State and Federal
             permits.

                  4.   All regulated activities, including work,
             discharges, and the construction or placement of structures,
             which are undertaken, authorized or otherwise expressly
             approved in writing by the Department for the investigation,
             cleanup or removal of hazardous substances as defined by or
             pursuant to the Spill Compensation and Control Act, N.J.S.A.
             58:10-23.11 et seq., or pollutants, as defined by the New
             Jersey Water Pollution Control Act, N.J.S.A. 58:10A-1 et
             seq., provided the following conditions are met:

                  i. If the proposed cleanup activity is to take place in
             an exceptional resource value wetland, the Statewide General
             Permit authorization shall be issued only if the Department
             finds that there are no practicable alternatives to the
             investigation, cleanup and removal of the hazardous
             substances or pollutants that would involve less or no
             disturbance or destruction of wetlands or State open waters.

                  ii. Mitigation shall be performed according to the
             procedures for mitigation at N.J.A.C. 7:7A-14 for all
             disturbance or destruction of freshwater wetlands or State
             open waters caused by a cleanup authorized under this
             general permit. The mitigation plan may be incorporated as
             part of the document by which the Department approves the
             cleanup or it may be submitted as part of the Statewide
             General Permit authorization application. The Statewide
             General Permit authorization will not be issued until the
             mitigation plan is submitted and approved by the Element
             according to the standards at N.J.A.C. 7:7A-14.




                                        A-I 8 2









                   5.  minor work or temporary structures required for
              the removal of non-historic wrecked, abandoned, or disabled
              vessels, or the removal of man-made obstructions to
              navigation. This Statewide General Permit does not
              authorize maintenance dredging, stream cleaning, shoal
              removal, or river bank snagging.

                   6.  Regulated activities in freshwater wetlands
              (applicants should be advised that these wetlands may not
              qualify for filling under Nationwide permit number 26 in
              areas below NGVD elevation 10) or State open waters which
              are not part of a surface water tributary system discharging
              into an inland lake or pond, or a river or stream, provided:

                   i.  The activity would not result in the loss or
              substantial modification of more than one acre of freshwater
              wetland or State open waters;

                   ii. The activity will not take place in a wetland of
              exceptional resource value as defined in N.J.A.C. 7:7A-
              2.5(a)l nor in State open waters defined as a special
              aquatic site; and

                   iii. The activity will not take place in wetlands
              designated as priority wetlands by the USEPA; and

                   7.  Regulated activities in ditches of human
              construction or swales provided:

                   i. They are located in headwater areas;

                   ii.They are not exceptional resource value wetlands;

                   iii.They are not designated as priority wetlands by the
              USEPA;

                   iv. The activity would not result in the loss or
              substantial modification of more than one acre of wetlands
              or State open waters; and

                   v. The proposed activity will not result in a
              disruption,of a surface water connection and the isolation
              of adjacent wetlands or State open waters.

                   8. The construction of additions or appurtenant
              improvements to be constructed within 100 feet of
              residential dwellings lawfully existing prior to July 1,
              1988, provided that the improvements or additions require
              less than a cumulative surface area of 750 square feet of
              fill and disturbance.

                   9.  The construction of State or Federally funded
              roads which:





                                        A-I 8 3









                    i.  Were planned and developed in accordance with the
              "National Environmental Policy Act of 196911, the Federal
              Act, and Executive Order Number 53 (approved November 21,
              1983); and

                    ii. Were the subject of an application made prior to
              July 1, 1988 to and were subsequently approved by the United
              States Army Corps of Engineers for an individual or general
              permit under the Federal Act, provided that:

                    (1) Upon expiration of a permit, any application for a
              renewal or modification thereof shall be made to the
              Department; and

                    (2) The Department shall not require transition areas
              as a condition of the renewal or modification of the permit.

                    10. Minor road crossing fills and expansion of
              existing road crossing fills including attendant features,
              both temporary and permanent, that are part of a single and
              complete project for crossing a freshwater wetland or State
              open water, provided that:

                    i.  The crossing is bridged, culverted or otherwise
              designed to prevent the restriction of, and to withstand,
              expected high flows;

                    ii. The disturbance of any freshwater wetlands does not
              extend more than 50 feet on either side of the ordinary high
              water mark of State open waters. Where no State open waters
              are present, the total length of the disturbance or
              modification of freshwater wetlands caused by the crossing
              shall be no greater than 100 feet. The 50 or 100 foot
              crossing length limit does not apply to widening of existing
              roadways;

                    iii. The total area of freshwater wetlands and/or State
              open waters disturbed or modified does not exceed 0.25
              acres;

                    iv. The total fill (gross) to be placed, per crossing,
              in State open waters does not exceed 200 cubic yards of fill
              below the top of bank or high water mark;

                    v. The crossing is designed to minimize disturbance and
              other detrimental effects upon freshwater wetlands or State
              open waters through the use of best management practices
              including, but not limited to:

                    (1) minimizing cartway, shoulder widths and side
              slopes of the roadway;

                    (2) Stabilizing all disturbed areas in accordance with
              the Standards for Soil Erosion and Sediment Control;




                                          A-I 8 4










                    (3) Using suitable, clean, non-toxic fill material;
              and

                    (4) Designing the crossing so as not to impede fish
              passage, when a watercourse is present, by maintaining the
              existing gradient and bottom contours of the watercourse;
              using open arch or box culverts; and using single large open
              arches or culverts to span the watercourse.

                    11. Construction of stormwater outfall structures and
              associated stormwater conveyance structures such as pipes ,
              headwalls, rip-rap and other energy dissipation structures,
              provided the following conditions are met:

                    i.   The structures are designed to minimize the area
              of freshwater wetlands or State open waters disturbance;

                    ii. The limit of disturbance or modification of
              freshwater wetlands or State open waters for any conveyance
              structures does not exceed 20 feet in width;

                    iii. The total area of freshwater wetlands or State
              open waters disturbed or modified does not exceed 0.25
              acres;

                    iv. The facility is designed in accordance with the
              Standards for Soil Erosion and Sediment Control in New
              Jersey, promulgated by the New Jersey State Soil
              Conservation Committee, Division of Rural Resources, New
              Jersey Department of Agriculture. If applicable, the
              facility shall be designed in accordance with a soil erosion
              and sediment control plan approved by the appropriate Soil
              Conservation District. If no plan is required the applicant
              shall certify to the Department that the proposed facility
              is in accordance with the Standards for Soil Erosion and
              Sediment Control;

                    V.   All stormwater which is discharged into a
              freshwater wetland or State open water from an outfall
              constructed under this Statewide general permit is first
              filtered or otherwise treated outside of the freshwater
              wetland or State open water, to minimize sediment,
              pollutants, and any other detrimental effects upon the
              freshwater wetland or State open water. Detention basins,
              contour terraces and grassed swales are examples of pre-
              discharge treatment techniques which may be required by the
              Department. This Statewide general permit does not
              authorize placement of detention facilities in freshwater
              wetlands or State open waters. The Department will take
              into consideration whether the outfall is part of a Regional
              Stormwater Management Plan already approved by the
              Department;




                                         A-I  85









                  vi. The total amount of rip-rap or any other material
             used for energy dissipation at the end of the headwall
             placed in the freshwater wetland or State open water does
             not exceed.10 cubic yards per outfall structure;

                  vii. Excavated areas for the placement of conveyance
             pipes shall be returned to the pre-existing elevation using
             the original topsoil to backfill from a depth of 18 inches
             to the original grade and revegatated with indigenous
             wetland species (indigenous includes species found on a
             particular site as well as those found in a particular
             physiographic region of the State;

                 viii. Pipes used for stormwater conveyance through the
             wetlands shall be properly sealed with anti-seep collars at
             a spacing sufficient to prevent drainage of the surrounding
             wetlands and designed not to exceed the pre-existing
             elevation;

                  ix. If a detention basin is being proposed as the
             method of pre-treatment for water quality, routing
             calculations shall show that the basin has been designed for
             the one-year storm event according to the Stormwater
             Management Regulations (N.J.A.C. 7:8) and all subsequent
             amendments thereto; and

                  X.   If a swale is being proposed to convey stormwater
             through the wetlands, profiles from the outlet to the
             receiving water body, cross-sections, and design support
             information shall show that the proposed swale will not
             result in drainage of the wetlands. Swales in wetlands will
             only be permitted where onsite conditions prohibit the
             construction of a buried pipe to convey stormwater to the
             outfall.

                  12. Surveying activities such as soil borings and the
             cutting of vegetation for narrow (three to five feet in
             width) survey lines. Survey lines of less than three feet
             in width shall not require Department authorization. Soil
             borings dug by hand, using non-mechanized means, no greater
             than three feet in diameter or in depth, shall not require
             Department authorization pursuant to 7:7A-2.3(c).

                 13.   Dredging activities in wetlands for lake
             maintenance or restoration provided:

                  i. The lake is lowered in accordance with a lake
             lowering permit approval by the Division of Fish, Game and
             Wildlife;

                  ii. The lake remains lowered for the minimal amount of
             time necessary to accomplish the desired maintenance
             activities;




                                      A-I  86









                   iii. Documentation (documentation may include aerial
              photography, original construction plans, core borings,
              etc.) shows that the area to be dredged will be confined to
              the original configuration and bottom contours of the lake;

                   iv. The total wetlands area to be disturbed for access
              is no more than 0.25 acre. Temporary effects on adjacent
              wetlands due to the draw down of the lake to perform
              maintenance activities are not included in the acreage
              calculation;

                   v. The Department may require sediment sampling and
              laboratory analysis if the project site is known or
              suspected to be contaminated with toxic substances. The
              results of representative samples shall indicate that the
              spoil materials to be removed are non-contaminated;

                   vi. There is no detrimental effect to spawning of
              resident or downstream fish populations;

                   vii. If located in exceptional resource value wetlands,
              the activity will not negatively impact the documented
              threatened or endangered species or its habitat;

                   viii. No spoil material will be deposited and no
              dewatering will occur in freshwater wetlands, open waters or
              other environmentally sensitive areas; and

                   ix. Dredging for a specific lake will not be
              authorized more than once every five years.

                   14. Placement of water level recording devices, water
              quality monitoring and testing devices, and similar
              scientific devices, and the drilling of monitoring wells.

                   15. Mosquito control water management activities
              conducted by a county mosquito control agency, or Federal
              agency on federal land, provided:

                   i.  Best management practices are employed including,
              but not limited to, shallow swales no more than three feet
              wide, and low sills no more than three feet wide;

                   ii. Disturbance of vegetation is minimized;

                   iii. only light equipment is used;

                   iv. Excavated spoils are removed or spread evenly in a
              shallow layer no more than three inches deep on-site;

                   V.  The existing hydrologic condition of the hydric
              soils is maintained (i.e., excessive drainage is not
              permitted);




                                       A-I 8 7









                  vi. The activities do not take place in exceptional
             resource value freshwater wetlands; and

                  vii. The county mosquito control agency or Federal
             agency submits individual, site-specific project proposals
             to the Administrator of the State Office of Mosquito Control
             Coordination, and the Administrator determines that the
             project is necessary to control a documented mosquito
             problem to existing residents. After approval by the
             Administrator, the project shall then be submitted to the
             Department for Statewide general permit review in accordance
             with the requirements of this chapter.

                  16. Fish and wildlife management activities which do
             not involve the discharge of more than 10 cubic yards of
             clean fill, carried out in publicly owned or controlled
             wildlife management areas, parks or reserves. These
             activities include but are not limited to:

                  i.   The placement of artificial nesting structures,
             nesting islands, observation blinds, sign posts, or fencing;

                  ii. The clearing, burning or removal of vegetation to
             increase habitat diversity or to control nuisance flora
             (when carried out in accordance with an approved wildlife
             management plan); and

                  iii. The blocking or filling of human-made drainage
             ditches for the purpose of restoring previously existing
             wetland conditions.

                  17. Trail and/or boardwalk construction on publicly
             owned or controlled park land, wildlife management areas or
             reserves, in freshwater wetlands or State open waters,
             provided:

                  i.   The width of the trail or boardwalk does not
             exceed six feet, except for barrier free trails or
             boardwalks designed in accordance with the Barrier Free
             Subcode of the Standard Uniform Construction Code, N.J.A.C.
             5:23-7. This general permit does not authorize construction
             of restrooms, gazebos, rain shelters, or any covered or
             enclosed structure;

                  ii. Natural materials such as wood chips or wooden
             planks are used to the maximum extent practicable;

                  iii. The project does not interfere with the natural
             hydrology of the area; and

                  iv. The project does not encroach upon or adversely
             affect the habitat of any threatened or endangered species.

                  18. The repair, rehabilitation, replacement,



                                      A-I  88









              maintenance or reconstruction as required by the Dam Safety
              Standards (N.J.A.C. 7:20-1), of any previously authorized,
              currently serviceable dam structure, as defined at N.J.A.C.
              7:20-1.2, including appurtenant structures, lawfully
              existing prior to July 1, 1988 or permitted under the Act,
              provided that the previously authorized structure has not
              been put to uses differing from those specified in any
              permit authorizing its original construction. Minor
              deviations due to changes in materials or construction
              techniques and which are necessary to make repairs,
              rehabilitation, replacement, maintenance or reconstruction
              are allowed provided that:

                   i. The activity is conducted in accordance with a Dam
              Permit issued pursuant to N.J.A.C. 7:20-1;

                  ii. The activity results in the filling of no more than
              one acre of wetlands or State open waters;

                 iii. If located in exceptional resource value wetlands,
              the activity will not'negatively impact the documented
              threatened or endangered species or its habitat;

                  iv. The activity is designed to minimize disturbance and
              other detrimental effects upon freshwater wetlands or State
              open waters through the use of best management practices
              including, but not limited to:

                   (1) Stabilizing all disturbed areas; and

                   (2) Using suitable, clean, non-toxic fill material.

                   v. The activity will not increase the normal water
              surface elevation. The normal water surface elevation is
              the historic level as of the date of completed dam
              construction and inundation.

                   19. The construction of public or private recreational
              and fishing docks, or piers on pilings, cantilevered or
              floating, and public boat ramps that meet the following
              criteria:

                   i. The following criteria shall be met for the
              construction of docks and piers:

                   (1) There shall be a maximum of one dock per lot;

                   (2) If located in exceptional resource value wetlands,
              the activity will not have a negative impact on a documented
              threatened or endangered species or its habitat;

                   (3) The proposed activity does not fill or disturb
              more than 0.10 acres of wetlands or State open waters. This
              limitation includes the area shaded directly under the dock;



                                      A-I   89










                  (4) The width of the dock or pier does not exceed six
             feet, will be constructed perpendicular to the shoreline
             ,where feasible, and the maximum allowable length will be
             the minimum length necessary to reach deep water from the
             shoreline for launching. However, structures shall be
             constructed a minimum of 50 feet outside of any authorized
             navigation channel and shall not hinder navigation. The 50
             foot limitation does not apply to construction of docks or
             piers in human-made lagoons;

                  (5) Space between horizontal planking is no less than
             0.25 inches and the width of horizontal planking is no more
             than four inches; and

                  (6) The height of the dock or pier above the ground
             surface shall be no less than four feet.

                  ii. The following criteria shall be met for the
             construction of a boat ramp:

                  (1) It shall be demonstrated that there is no feasible
             onsite alternative location that will involve less or no
             disturbance of wetlands;

                  (2) The boat ramp shall be constructed of concrete or
             natural materials such as crushed stone or shells and placed
             at a location requiring the minimum feasible cut.or fill;

                  (3) The proposed activity does not fill or disturb more
             than 0.10 acres of wetlands or State open waters; and

                  (4) If located in exceptional resource value wetlands,
             the activity will not impact a documented threatened or
             endangered species or its habitat.

                  20. The placement of gabions, rip-rap, geo-textiles,
             or other binding mat material for the purpose of bank
             stabilization activities in State open waters provided:

                  i.   The bank stabilization activity is less than 150
             feet in length;

                  ii. The activity is required by and designed in
             accordance with the Standards for Soil Erosion and Sediment
             Control in New Jersey, N.J.S.A. 4:24-42;

                  iii. The activity is limited to an average of less than
             one cubic yard of rip-rap per running foot placed along the
             bank within State open waters;

                  iv. The material to be placed is the minimum
             necessary for erosion protection according to the 1982
             Standards for Soil Erosion and Sediment Control in New




                                      A-1  90










             Jersey;

                  V. No material is placed in any location or in any
             manner so as to impair surface water flow into or out of any
             wetland area;

                  vi. Only suitable, clean, non-toxic fill material is
             used; .

                 vii. The activity is a single and complete project, not
             associated with any other construction activity. For
             example, this activity can not be used at the same location
             as a minor road crossing or a stormwater outfall structure;
             and

                  viii. The activity will not violate the Flood Hazard
             Area Control Act, N.J.S.A. 58:16A-50 or implementing rules
             at N.J.A.C. 7:13-1.


                  21. The construction or installation of new above
             ground utility lines including the installation of wood
             poles, steel poles, lattice towers, conductors, guy anchors,
             and pad mount transformers for the transport of electrical
             energy, telephone or telegraph messages, radio or television
             communication, or the discharge of fill to provide access to
             these new lines. The activities allowed by this Statewide
             General Permit shall comply with the following conditions:

                  i.   The construction of the line (which constitutes a
             single and complete project of independent utility)
             including installation of structures, placement of fill for
             access and the clearing and maintenance of vegetation which
             would alter the character of the freshwater wetland,
             including the clearing of trees disturbs no more than one
             acre of wetlands or State open waters;

                  ii. The limits of clearing for construction is no more
             than 60 feet wide;

                  iii. The area to be maintained including vegetative
             clearing and maintenance of fill as a permanent right-of-way
             is a maximum of 20 feet in width;

                  iv. If located in exceptional resource value wetlands,
             the activity will not negatively impact associated water
             quality or the documented threatened or endangered species
             or its habitat;

                  V.   When practicable, installation is done from
             outside wetland areas. If installation requires
             encroachment in wetlands, the activity shall be performed
             when the ground is frozen or extremely dry; otherwise only
             matting or track equipment shall be used. Matting will
             remain in place for no more than five days to the maximum



                                      A-I  91









             extent practical;

                 vi. After completion the area used to gain access to
             the installation location is replanted as required in
             accordance with applicable BMPs with indigenous wetland
             species; and

                vii. The activity is designed so as not to interfere
             with the natural hydraulic characteristics of the wetland
             and watershed.


                  22. Reserved


                  23. Reserved

                  24. The placement of bulkheads adjacent to human-made
             lagoons provided that:

                  i.   The bulkhead is to be placed between two lawfully
             existing bulkheads which are not more than 75 feet apart;

                  ii. The connecting bulkhead shall not extend waterward
             of a straight line connecting the ends of the existing
             bulkheads;

                  iii. The width of wetlands on the subject lot, adjacent
             to the lagoon does not exceed an average of five feet;

                  iv. The total area of wetlands to be filled or
             disturbed does not exceed 375 square feet; and

                  v. The activities will not take place in a wetland of
             exceptional resource value as defined in N.J.A.C. 7:7A-
             2.5(b) or in a State open water defined as a special aquatic
             site (in 40 CFR 230.1).

                  25. The repair or alteration of malfunctioning
             individual subsurface sewage disposal systems provided:

                  i. There is no expansion or change in the use of the
             building or facility which will result in an increase in the
             volume of sanitary sewage;

                  ii. Alterations made to correct a malfunctioning system
             shall meet the requirements of N.J.A.C. 7:9A-3.3(c) and
             shall be undertaken only at the authorization of the
             Administrative authority (the board of health having
             jurisdiction or its authorized agent acting on its behalf);

                  iii. It is demonstrated to the Administrative authority
             that there is no alternative location onsite available with
             a seasonally high water table deeper than 1.5 feet from the
             existing ground surface which can adequately support an
             individual subsurface sewage disposal system; and




                                     A-I   92










                   iv. The total wetland area to be affected by the
              repair or alteration does not exceed 0.25 acres.


                   (b) The Department may require an application for an
              Individual permit if the Department finds that additional
              permit conditions would not be sufficient, or that special
              circumstances make this action necessary to ensure
              compliance with the Act, this chapter, any permit or order
              issued pursuant thereto, or the Federal Act. In addition,
              when the regulated activity(ies) of a project exceed either
              the individual limits allowed.under the issued Statewide
              general permits or the cumulative limit of stacked Statewide
              general permits, then the impacts of the entire project
              shall require an Individual Permit and will be reviewed
              under the standards at N.J.A.C. 7:7A-3.

                   (c) Under no circumstances shall a project's impacts
              be segmented and a portion of the project submitted for
              review under Statewide general permits while the remainder
              of the project is submitted for review under an Individual
              Permit.


              7:7A-9.3 Standards and Conditions for all Statewide General
              Permit Authorizations

                   (a) All regulated activities authorized under
              Statewide General Permits listed in N.J.A.C. 7:7A-9.2 are
              subject to the specific conditions listed under each permit.
              In order to be authorized to conduct activities under these
              general permits, persons must comply with the standard
              conditions set forth at (b) below, as well as the conditions
              at N.J.A.C. 7:7A-13.1 and 13.2, the procedures in 7:7A-9.4
              and Mitigation pursuant to 7:7A-14 where specified must be
              followed.

                   (b) The following standards must be met in order for a
              regulated activity to be authorized under the Statewide
              General Permits identified in N.J.A.C. 7:7A-9:

                   1. The request for authorization to fill or modify
              wetlands or State open waters is associated with a proposed
              project or construction activity and is not solely being
              requested for the purpose of eliminating a natural resource
              in order to avoid future regulation. For the purposes of
              this specific subsection, project shall mean the use and
              configuration of all buildings, pavements, roadways, storage
              areas and structures, and the extent of all activities
              associated with the proposal;

                   2. The regulated activity shall not occur in the
              proximity of a public water supply intake;





                                      A-I   93









                   3. The regulated activity,shall not jeopardize a
             threatened or endangered species and the activity shall not
             destroy, jeopardize, or adversely modify the historic or
             documented habitat of such species;

                   4. The activity will not occur in a component of either
             the Federal or State Wild and Scenic River System; nor in a
             river officially designated by Congress or the State
             Legislature as a "study river" for possible inclusion in
             either system while the river is in an official study
             status; and

                   5. The activity shall not adversely affect properties
             which are listed or are eligible for listing on the National
             Register of Historic Places. If the permittee, before or
             during the course of work authorized, 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 in the National Register, the
             permittee shall immediately notify the Department and
             proceed as directed by the Department.

                   (c) The following conditions must be met in order for
             a regulated activity to be authorized under the Statewide
             General Permits identified in N.J.A.C. 7:7A-9:

                   1. Any discharge of dredged or fill material shall
             consist of suitable material free from toxic pollutants (see
             section 307 of the Federal Act) in toxic amounts;

                   2. Any structure or fill authorized shall be maintained
             as specified in the construction plans;

                   3. In order to protect the fishery resources and/or the
             spawning of the downstream resident fish population, any
             activity within or adjacent to a stream channel which may
             introduce sediment into the stream or cause the stream to
             become turbid is prohibited during the time frames listed
             below or any subsequent updates to this listing as provided
             by the NJ Division of Fish, Game and Wildlife. The total
             restriction period will not exceed six months:

             Timing restrictions:

             Stream Classification     Dates of Restriction


             Trout Production

                   general/brook/brown September 15 - March 15

                   rainbow trout       February 1 - April 30

             Trout Maintenance         March 15 - June 15






                                       A-I 94











              Trout Stocked             March 15 - June 15


              Anadromous

                   American Shad-For the Delaware River upstream of the
              Delaware Memorial Bridge, and for tidal Rancocas and Raccoon
              Creeks


                                         April 1-June 30 and September 1 -
                                         November 30


                   American Shad-For the Delaware River from the Delaware
              Bay to the Delaware Memorial Bridge, and tidal Maurice River

                                        ,March 1-April 30 and October 1-
                                         November 30



                   All other waterways classified for anadromous fish

                                         April 1 - June 30;

                   For waterways classified, on a case by case basis, as
              spawning areas for warm water fish

                                         May 1- June 30.

                   4. During construction activities, all excavation must
              be monitored to check for the presence of acid-producing
              deposits pursuant to N.J.A.C. 7:13-5.10 of the Flood Hazard
              Area Control Rules. If any such deposits are encountered,
              the mitigation and disposal standards described in N.J.A.C.
              7:13-5.10 must be implemented. If any such deposits are
              encountered, an annual post-planting monitoring program
              shall be established to ensure that the reestablishment of
              vegetation in temporarily disturbed areas, shall have a
              minimum 85 percent plant survival and coverage rate after
              two complete growing seasons. Failure to achieve this
              survival rate will require implementation of additional
              corrective measures and/or reevaluation of the acid
              producing soils mitigation proposal to ensure the 85 percent
              survival rate requirement.

                   5. The activity will not result in a violation of the
              Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 or
              implementing rules at N.J.A.C. 7:13-1.

                   6. Best management practices shall be followed
              whenever applicable.

              7:7A-9.4 Use of multiple Statewide General Permits

                   (a) The Department may approve activities under the
              authority of more than one Statewide General Permit onsite




                                       A-I 9 5









             as defined at N.J.A.C. 7:7A-1.4, Definitions. No activity
             is authorized by a Statewide General Permit without an
             approval letter from the Department indicating that a
             Statewide General Permit authorizes the particular activity
             at the particular location.

                  (b) The Department may issue an approval, authorizing
             activities covered under a single Statewide General Permit,
             for more than one location on a single property, provided
             that the total area of wetlands or State open waters
             disturbed or modified by activities covered by the Statewide
             General Permit does not exceed the maximum allowed under
             that general permit.

                  (c) The Department may approve activities covered by
             different general permits onsite, provided that the
             individual limits of each general permit are complied with
             and that the total area of wetlands, and State open waters
             disturbed or modified does not exceed one acre with the
             exception of Statewide general permit number 17. For
             example, the Department could approve on-site a minor road
             crossing disturbing 0.25 acres, stormwater outfall
             structures disturbing a total of 0.25 acres, and the filling
             of 0.5 acres of a ditch.

                  (d) An individual permit will be required for review of
             all regulated impacts onsite (as defined at N.J.A.C. 7:7A-
             1-4), if the cumulative impact of one acre will be exceeded
             by any combination of Statewide general permits, or if the
             individual limits of Statewide general permits 2, 6, 7, 8,
             10, 11, 19, 21, or 24 will be exceeded by the proposed
             activities.

                  (e) For Statewide General Permits at N.J.A.C. 7:7A-
             9.2(a) 1, 3, 4, 5, 12, 14, 16 and 17, the Department may
             issue approvals for any number of activities on a single
             property covered by any number of these general permits.
             Later activities on the same property will also be eligible
             for approval under these Statewide general permits.

                  (f) Statewide general permit numbers 13, 15, 18, and
             20 shall be authorized onsite only once every five years.

             7:7A-9.5 Application for activities under Statewide General
             Permits

                  (a) Except for Statewide General Permit number 25
             pursuant to N.J.A.C. 7:7A-9.2(a)25, a person proposing to
             engage in an activity covered by a Statewide General Permit
             shall provide a fee pursuant to N.J.A.C. 7:7A-16 and three
             copies of the following information to the Department at
             least 30 working days prior to commencement of work.
             Applicants seeking authorization pursuant to N.J.A.C. 7:7A-
             9.2(a)25, shall comply with the notification procedures



                                      A-I  96










              found at (f) below:

              1. An application form completed as per the instructions for
              a Statewide general permit;

              2. Any information necessary to determine whether the
              conditions of the general permit will be satisfied,
              including but not limited to the following information:

                   i. Complete wetlands delineation including field
              delineation, folded plans at an appropriate scale, and
              wetlands field data sheets including soils and vegetation
              information (no formal report is required), for the area to
              be disturbed under the Statewide general permit application;

                   ii. A copy of the appropriate portion of the U.S.
              Geologic Survey Quadrangle (USGS) Map for the project site
              and a determination of the State Plane Coordinates for the
              center of the project. The accuracy of these coordinates
              should be within 50 feet of the actual point. For linear
              projects, the applicant shall provide State plane
              coordinates for the end-points of those projects which are
              1999 feet or less, and for those projects which are 2000
              feet and longer, additional coordinates at each 1000 foot
              interval;

                   iii. For projects that are located in municipalities
              listed below at (a)2iii(i) and all amendments thereto,
              pursuant to (a)2iii(2) below the applicant shall submit a
              signed statement certifying that the proposed activities
              will not result in any direct or indirect adverse impacts to
              Swamp pink (Helonias bullata) or its documented habitat; and

                   (1) Municipalities which have documented record of
              Helonias bullata:

              Atlantic County               Gloucester County
                   Egg Harbor Township           Franklin Township
                                                 Glassboro Borough
                   Town of Hammonton             Mantua Township
                   Mullica Township              Monroe Township
              Burlington County                  Newfield Borough
                   Evesham Township              Washington Township
                   Maple Shade Township          Wenonah Borough
                   Pemberton Township            West Deptford Township
                   Southampton Township          Woodbury Heights Borough
                   Woodland Township             Woolwich Township
                   Medford Township
              Camden County
                   Berlin Township          Mercer County
                   Berlin Borough                West Windsor Township
                   Clementon Borough
                   Gibbsboro Borough        Middlesex County
                   Gloucester Township           East Brunswick Township




                                       A-I  97









                  Haddonfield Borough            Edison Township
                  Lindenwold Borough             New Brunswick City
                  Pine Hill Borough              Sayreville Borough
                  Pine Valley Borough
                  Runnemede Borough
                  Voorhees Township         Monmouth County
                  Waterford Township             Brielle Borough
                  Winslow Township               Colts Neck Township
             Cape May County                     Freehold Township
                  Cape May Point Borough         Howell Township
                  Dennis Township                Wall Township
                  Lower Township            Morris County
                  Middle Township                Mount Olive Township
                  Upper Township                 Randolph Township
             Cumberland County                   Roxbury Township
                  Bridgeton City
                  Downe Township            Ocean County
                  Fairfield Township             Barnegat Township
                  Hopewell Township              Brick Township
                                                 Dover Township
                  Lawrence Township              Jackson Township
                  Millville City                 Lacey Township
                  Stow Creek Township            Lakewood Township
                                                 Little Egg Harbor Twp.
                  Upper Deerfield Township       Manchester Township
                  Vineland City                  Plumsted Township
             Gloucester County                   Stafford Township
                  Clayton Borough           Salem County
                  Deptford Township              Alloway Township
                  East Greenwich Township        Lower Alloways Creek Twp.
                  Elk Township                   Pittsgrove Township
                                                 Quinton Township
                                                 Upper Pittsgrove Township

                  (2) The Department will publish notice in the New
             Jersey Register of any amendments to the list at (a)2iii(l)
             based upon updated information and make such information
             available at its offices and through the Office of
             Administrative Law.

             3. Photographs of the portion of the property for which
             authorization is being requested.

                  (b) In addition, a person proposing to engage in an
             activity covered by a Statewide General Permit shall provide
             verification that a certified mail notice with return
             receipt requested and a complete copy of the application has
             been forwarded to the clerk of the municipality and that a
             certified mail notice with return receipt requested (white
             receipts or green cards are acceptable) has been forwarded
             to the environmental commission, or any public body with
             similar responsibilities, municipal planning board, county
             planning board, municipal construction official, and




                                      A-I   98









              landowners within 200 feet of the legal boundary lines of
              the property(ies), on which the proposed activity will occur.
              Applicant must also provide a list of landowners within 200
              feet. The notice shall contain:

                   1.   A description of the proposed activity;

                   2.   A description of the location of the activity
              including county, municipality, lot(s), block(s), and a plan
              of the site detailing existing structures, wetlands
              boundaries and proposed structures or activities, or both;
              and

                   3. The following statement:

              "This letter is to provide you with legal notification that
              the referenced property owner is applying to the New Jersey
              Department of Environmental Protection and Energy, Land Use
              Regulation Element for a Statewide general permit.

              A Statewide general permit will allow the property owner to
              conduct certain limited activities in freshwater wetlands or
              State open waters.

              The complete Statewide general permit application package
              can be reviewed at either the municipal clerk's office or by
              appointment at the Land Use Regulation Element office at the
              address listed below. The Department of Environmental
              Protection and Energy welcomes comments and any information
              that you may provide concerning the wetlands or open waters
              on the referenced parcel. Written comments should be
              submitted to the Department within 15 days of receiving
              notice. Comments will be accepted until the Department
              makes a decision on the application. Please submit your
              written comments along with a copy of this letter to:

                   New Jersey Department of Environmental Protection and
                   Energy
                   Land Use Regulation Element
                   Bureau of Regulation
                   CN 401
                   5 Station Plaza
                   Trenton, New Jersey 08625
              att: (County in which the property is located) Section Chief

              As part of the review of this application, Department
              personnel may perform a site inspection on your property.
              This site inspection will involve only that area within a
              maximum of 150 feet from the border of the applicant's
              property. This site visit will involve a visual inspection
              and possibly minor soil borings using a 411 diameter hand
              auger. The inspection will not result in any damage to the
              vegetation or improvements on your property.





                                        A-I 9 9









             The Department will notify your municipal environmental
             commission, planning board and the municipal construction
             official, as well as the county planning board of the
             Department's approval or denial of the Statewide general
             permit application."

                  (c) If,the proposed project involves a linear facility
             such as a pipeline or road of more than .5 miles, instead of
             notifying all landowners within 200 feet of the
             property(ies) lines, the applicant shall give public notice
             by publication of a display advertisement. The
             advertisement shall be a minimun of four column inches and
             be published in at least one newspaper of local circulation
             and one of regional circulation in the municipality. In
             addition, notice shall be given to owners of all real
             property within 200 feet of any above surface structure
             related to the linear facility, such as a pumping station or
             treatment plant, power substations, grade separated
             interchanges or similar structures. This does not include
             utility support structures or conveyance lines.

                  (d) The Department, within 30 days of receipt of this
             notification, shall either return the package as incomplete
             or accept the application as administratively complete and
             notify in writing the person proposing to engage in the
             activity covered by a general permit as to whether they are
             covered by the Statewide General Permit, or whether an
             individual permit is required for the activity pursuant to
             (e) below. Activities begun or carried out without this
             written notification shall be a violation of the Statewide
             General Permit, the Act and this chapter. Issuance of
             authorizations shall be published in the DEPE Bulletin.

                  (e) Upon receiving an application for a general
             permit, the Department may require that the owner apply for
             an individual permit. Cases where an individual permit may
             be required include but are not limited to:

                  1.   The activity has more than a minimal adverse
             environmental effect;

                  2.   The cumulative effects on the environment of the
             authorized activities are more than minimal;

                  3.   The applicant or project is not in compliance with
             the conditions of the general permit; or

                  4.   Public comment indicates that the application does
             not meet general permit criteria.

                  (f) A person proposing to engage in activities
             pursuant to N.J.A.C. 7:7A-9.2(a)25, repair or alteration of
             malfunctioning individual subsurface sewage disposal
             systems, shall submit written notice containing a




                                      A-1  100









              description of the proposed activities to the Department at
              least 30 days prior to commencement of work. This
              notification shall include a description and plan of the
              activities and their location including municipality,
              county, block, and lot; and an approval from the Board of
              Health or its designated agent for the proposed activities.
              If the Department fails to notify the applicant within 30
              days of receiving the notification, the activity shall be
              deemed to have been authorized, to the extent that the
              activity does not violate other statutes or regulations then
              in effect, and subject to any standard terms and conditions
              pursuant to N.J.A.C. 7:7A-9.3.

              7:7A-9.6 Hearings and appeal

                   An applicant or other affected party may request an
              administrative hearing on any decision to issue or deny an
              authorization made by the Department pursuant to N.J.A.C.
              7:7A-12.7.


              7:7A-9.7 Duration of permit authorizations

                   (a) Authorizations for Statewide general permits shall
              be effective for a term not to exceed five years from the
              date of authorization.

                   (b) The term of an authorization shall not be extended
              beyond the maximum duration specified in this section.
              However, if necessary, an authorization may be renewed
              through the application process set forth in this chapter.

                   (c) If the term of the authorization exceeds the
              expiration date of the issued general permit, and the permit
              upon which the authorization is based is modified to include
              more stringent standards or conditions, or is not reissued,
              the applicant must comply with the requirements of the new
              regulations by applying for a new GP authorization or an
              Individual permit. For those applicants whose activities
              will no longer comply with the new regulations, if prior to
              the expiration date of the GP, the applicant is able to
              document that the activity was either under contract or
              under construction, the Department will allow the applicant
              one additional year, from the date of expiration of the
              issued general permit (not the authorization date), to
              complete the authorized activity. If the GP authorizing a
              particular activity is reissued without amendments, or with
              amendments expanding the authorized scope of activities, the
              authorization remains effective for the authorized five-year
              term.


              7:7A-9.8 Cancellation, withdrawal, resubmission and
              amendment of applications

                   (a) Applications may be cancelled by the Department;



                                      A-I  101









             or withdrawn, amended, or resubmitted by an applicant.

                  (b) If an application is not complete for final review
             within 60 days of a request for additional information, the
             Department shall send a letter canceling the application and
             stating that the application will be purged from Department
             files and that a new application will be required to
             reactivate the Department's review. If the applicant sends
             the Department a letter documenting good cause for not
             supplying the requested information within the 60 day period
             the Department will grant an automatic extension of 30 days.
             The Department will grant additional 30-day extensions upon
             receiving a written request for such extension from the
             applicant.

                  1.   All fees submitted with an application
             subsequently cancelled shall be non-refundable.

                  (c) An applicant may withdraw an application at any
             time in the application review process. All fees submitted
             with such applications are non-returnable when a significant
             portion of the review has been completed. In some cases
             however (see (d) below) the fees may be credited toward
             future applications.

                  (d) If an application is cancelled, denied or
             withdrawn, the applicant may resubmit an application for a
             revised project on the same site. The resubmitted
             application will be treated as a new application, although
             references may be made to the previously submitted
             application. A new fee will be required unless application
             is resubmitted within one year of the date of denial or
             withdrawal, in which case the original permit fee may be
             credited to the new application.

                  (e) A permit application may be amended at the
             applicant's discretion at any time as part of the permit
             review process. copies of amendments and amended
             information shall be distributed by the applicant to the
             same person to whom copies of the initial application were
             distributed. All amendments to pending applications shall
             constitute a new submission and may at the Department's
             discretion require reinitiation of the entire review
             process.


             SUBCHAPTER 10. PRE-APPLICATION CONFERENCES


             7:7A-10.1 Purpose

                  A pre-application conference is optional, but highly
             recommended. It allows the Department to inform potential
             applicants of the various procedures and policies which
             apply to the freshwater wetlands, open water fill, stream
             encroachment, and coastal program permitting process.



                                      A-I 102









             Department staff will candidly discuss the apparent
             strengths and weaknesses of the proposed permit application
             at this conference, but the Department shall in no way
             commit itself to approval or rejection of a proposed project
             as a result of these discussions.

             7:7A-10.2 Request for a pro-application conference

                   (a) Potential applicants may request a pre-application
             conference with the Department. A request for a pre-
             application conference shall be made in writing and shall
             include a project description, a tax lot and block
             designation of the site, the location of the project site,
             including the municipality and county, the general location
             of freshwater wetlands and State regulated waters, a copy of
             the appropriate United States Soil Conservation Service
             map(s) locating the project, and a United States Geological
             Survey quadrangle map showing the site. The Department
             encourages the applicant to obtain a letter of
             interpretation prior to the preapplication conference.

                   (b) The Department shall, within 15 days of receipt of
             such request, schedule a pre-application conference.

             7:7A-10.3 Discussion of information requirements

                   The Department shall candidly discuss the level of
             detail and areas of emphasis which will be necessary to
             allow the Department to review the application if one is
             submitted.


             7:7A-10.4 Memorandum of record

                   (a) After the pre-application conference, the
             Department shall prepare a written memorandum of record
             summarizing the discussion of the apparent strengths and
             weaknesses of the proposed project, the apparent sensitivity
             of the land and water features of the site, and the level of
             detail and areas of emphasis necessary in the materials that
             the potential applicant may be required to submit as part of
             the application.

                   (b) The memorandum of record shall be mailed to the
             potential applicant or his or her agent, if designated in
             writing, and to the municipality, within 30 days after the
             pre-application conference. If the potential applicant
             submits an application, a copy of the memorandum of record
             shall be included with the application, and shall be
             included in the Department's file on the application.

                   (c) The memorandum of record shall not be construed as
             a decision of the Department. The Department is in no way
             bound by any information or statement recorded in the
             memorandum of record.




                                       A-I 103











             SUBCRAPTER 11. APPLICATION PROCEDURE

             7:7A-11.1 Application contents for individual Freshwater
             Wetlands and Open Water Fill Permits

                   (a) The Element will issue joint permits for projects
             requiring more than one Element permit whenever possible.
             It is strongly recommended that an applicant requiring more
             than one Element permit submit all applications materials
             simultaneously to facilitate joint permit processing.    For
             example, the submission of all information necessary for
             both a Freshwater Wetlands permit and a Stream Encroachment
             permit at the same time will facilitate the issuance of a
             joint permit.

                   (b) The application for a freshwater wetland permit or
             open water fill permit shall include 10 copies of the
             following information:

                   1.  A completed freshwater wetlands permit or open
             water fill permit application form including the names and
             addresses of all owners of property adjacent to the property
             which is the site of the proposed project. All activities
             which the applicant plans to undertake which are reasonably
             related to the same project should be included in the same
             permit application and will be considered simultaneously.
             with the review of the individual permit. Only one
             application and fee will be required to review all regulated
             activities in freshwater wetlands, State open waters and
             transition areas associated with the project.

                   2.  A folded preliminary site plan or subdivision map
             of the proposed regulated activities, or other map of the
             site if no preliminary site plan or subdivision map exists;

                   3.  A written description of the proposed regulated
             activity, the total area to be used, filled or modified, the
             total area of the freshwater wetland or State open waters
             potentially affected, identification of the watershed in
             which the project is located, and the relationship of the
             area affected to the area of the entire freshwater wetland
             or State open waters complex, for example, one-half acre to
             be filled of a 15 acre freshwater wetland. In addition,
             project elements affecting transition areas should be
             detailed.

                   4.  A description of the source of any fill material
             and a description of the type, composition and quantity of
             the material;

                   5.  A description of alternatives to the proposed
             activity or discharge, including alternative sites,
             construction methods, methods of discharge, and reasons for



                                      A-I   104









               rejecting the alternatives pursuant to 7:7A-3, General
               Standards for Granting Individual Freshwater Wetlands and
               Open Water Fill Permits;

                    6.   The purpose and intended use of the proposed
               activity, including whether it is water-dependent; a
               description of the use of any structures to be erected; and
               a schedule for the progress and completion of the proposed
               activity;

                    7.   A list of the approvals required by other Federal,
               interstate, State and local agencies for the activity,
               including all approvals or denials received;

                    8.   A copy or photocopy of a portion of the U.S.G.S.
               7.5 minute quadrangle map (available from the Department's
               Maps and Publications Office, CN 402, Trenton, NJ, 08625)
               showing the location of the property and its general
               vicinity, indicating and labeling the location of the
               proposed activity and the property boundaries, and a
               determination of the State Plane Coordinates for the center
               of the property. The accuracy of these coordinates should
               be within 50 feet of the actual point. For linear projects,
               the applicant shall provide State plane coordinates for the
               end-points of those projects which are 1999 feet or less,
               and for those projects which are 2000 feet and longer,
               additional coordinates at each 1000 foot interval;

                    9. Verification that a complete copy of the
               application for an Individual permit, including all
               materials required by this subsection, has been submitted to
               the clerk of the municipality in which the proposed
               regulated activity will occur. Verification that a
               certified mail notice with return receipt requested     (white
               receipt or green card is acceptable) and a copy of the
               vicinity map in (a)8 above have been forwarded to the
               environmental commission or any other public body with
               similar responsibilities, and planning board of the
               municipality in which the proposed regulated activity will
               occur; the planning board, environmental commission and
               county mosquito control agency of the county in which the
               proposed regulated activity will occur; landowners within
               200 feet of the property or properties on which the proposed
               regulated activity will occur (applicant shall also provide
               a list of all landowners within 200 feet) , and all persons
               as identified by the Department who requested to be notified
               of proposed regulated activities (the Department will
               furnish a list of such person's upon request), which notice
               may at the applicant's option, be filed concurrently with
               notices required pursuant to N.J.S.A. 40:55D-1 et seq. A
               copy of the notice shall be included in the application to
               the Department. The notice shall include the following:

                    i.   The name and address of the applicant and, if




                                         A-I   105









             different, the address or location of the activity or
             activities regulated by the permit;

                  ii. The name, address, and telephone number of the
             applicant or agent to contact for further information;

                  iii. A brief description of the proposed activity, its
             purpose and intended use, so as to provide sufficient
             information concerning the nature of the activity to
             generate meaningful comments, including a description of the
             type of structures, if any, to be erected on fills, and a
             description of the type, composition and quantity of
             materials to be discharged;

                  iv. A plan and elevation drawing showing the general
             and specific site location (drawings may be 8.5 by 11
             inches);

                  V.   Any other information which is necessary to
             evaluate the likely impact of the proposed activity;

                  vi. The following statement:

                  "This letter is to provide you with legal notification
             that the referenced property owner is applying to the New
             Jersey Department of Environmental Protection and Energyl
             Land Use Regulation Element for an Individual Freshwater
             Wetlands permit.

             An Individual permit will allow the property owner to
             conduct activities in freshwater wetlands or State open
             waters.

             The complete Individual permit application package can be
             reviewed at either the municipal clerk's office or by
             appointment at the Land Use Regulation Element office at the
             address listed below. The Department of Environmental
             Protection and Energy welcomes comments and any information
             that you may provide concerning the wetlands or open waters
             on the referenced parcel. Please submit your written
             comments within 15 days of receiving this letter. In
             addition, interested persons may request in writing that the
             Department hold a public hearing on this application.
             Requests shall be made in writing within 30 days after the
             notice of application in the DEPE Bulletin and shall state
             the nature of the issues proposed to be raised at the
             hearing. Both comments and hearing requests should be sent
             along with a copy of this letter to:

                  New Jersey Department of Environmental Protection and
                  Energy
                  Land Use Regulation Element
                  Bureau of Regulation
                  CN 401




                                      A-I  106











                   5 Station Plaza
                   Trenton, New Jersey 08625
              att: (County in which the property is located) Section Chief

              As part of the review of this application, Department
              personnel may perform a site inspection on your property.
              This site inspection will involve only that area within a
              maximum of 150 feet from the border of the applicant's
              property. This site visit will involve a visual inspection
              and possibly minor soil borings using a 411 diameter hand
              auger. The inspection will not result in any damage to the
              vegetation or improvements on your property.

              The Department will notify your municipal environmental
              commission, planning board and the municipal construction
              official of the Department's approval or denial of the
              Individual permit application;"

                   10. Verification that notice of the proposed activity
              has been published as a display advertisement in an official
              newspaper used by the'municipality, in which the activity is
              proposed, for legal notice. For projects proposing more
              than 10 acres of fill, notification shall also be published
              in a newspaper of regional circulation;

                   11. A statement detailing any potential adverse
              environmental effects of the regulated activity and any
              measures necessary to prevent and/or minimize those effects,
              and any information necessary for the Department to make the
              findings pursuant to N.J.A.C. 7:7A-3. Applicants should
              review N.J.A.C. 7:7A-3 in great detail and provide all the
              listed information to avoid unnecessary delays in permit
              processing;

                   12. A fee as set forth in the fee schedule published
              by the Department at N.J.A.C. 7:7A-16;

                   13. A list and brief description of all freshwater
              wetlands, special aquatic sites as defined at N.J.A.C. 7:7A-
              1.4, public use areas, wildlife refuges, and public water
              supply intakes in the affected or adjacent areas that may
              require special protection or preservation;

                   14. A list of plants, fish, shellfish and/or wildlife
              in the proposed activity or discharge site which may be
              dependent on water quality and quantity;

                   15. Uses of the proposed activity or discharge site
              which might affect human health and welfare; and

                   16. A description of technologies or management
              practices by which the applicant proposes to minimize
              adverse environmental effects of the activity or discharge.





                                      A-I   107









                   (Note: The Department shall upon request provide
             permit @applicants with guidance, either through the
             application form or on an individual basis, regarding the
             level of detail of information and documentation required
             under this subsection. The level of detail shall be
             reasonably commensurate with the type and size of the
             proposed project, proximity to critical areas, and degree of
             environmental degradation.)

                   (c) The application shall also include 10 copies
             (including one of reproducible quality-a mylar copy is not
             required) of a site plan, on Sk inch by 11 inch paper if
             appropriate (if larger than 8k inch by 11 inch, all copies
             shall be folded) indicating the following:

                   1.  All existing structures and related appurtenances
             on the lot and immediately adjacent lots;

                   2.  Distances and dimensions of areas, structures and
             lots, including freshwater wetlands, State open waters,
             transition areas, limits of inundation for the 100 year
             flood for non-delineated streams or flood hazard area flood
             for delineated streams (if applicable), mean high water line
             (if appropriate), upland property, roads and utility lines;

                   3.  A complete delineation of the wetlands
             boundary(ies) in accordance with the requirements of
             N.J.A.C. 7:7A-8.3(a) and 3(b). A letter of interpretation
             issued by the Department may be submitted to satisfy this
             requirement;

                   4.  The proposed area which will be used for the
             activity or discharge;

                   5.  The general site location in relation to
             development in the region;

                   6.  The scale of the plan and a north arrow;

                   7.  A title block for each sheet containing the
             following information:

                   i. The name of the applicant and the name or the
             proposed project (if any):

                   ii. Identification of the proposed activity;

                   iii. County and municipality;

                   iv. Lot and block;

                   v. Number of the sheet and the total number of sheets
             in set; and





                                      A-I  108









                    vi. Preparer, and date of the drawing and all
              revisions.

                    (d) The application shall also include color
              photographs of sufficient quality and quantity to show the
              project site including:

                    1.  Location of known freshwater wetlands and State
              open waters; and

                    2.  Proposed location of the regulated activity.

                    (e)If the proposed project involves the discharge of
              dredged or fill material, the application shall include a
              cross-sectional view of the proposed project showing the
              following:

                    1.  Water elevations;

                    2.  Water depths at waterward face of proposed work,
              or if dredging is proposed, showing dredging grade;

                    3.  Cross-section of fill;

                    4.  Elevation of spoil areas;

                    5.  Location of wetlands; and

                    6.  Delineation of disposal site.

                    (f) A mitigation plan meeting the requirements of
              N.J.A.C. 7:7A-14.4 may be submitted with the permit
              application. The Department requires an approved mitigation
              plan as a condition precedent to engaging in a regulated
              activity.

              7:7A-11.2 Recordkeeping

                    Applicants shall keep records of all data used to
              complete permit applications and any supplemental
              information submitted under N.J.A.C. 7:7A-11.1 for a period
              of at least three years from the date the application is
              submitted to the Department.

              7:7A-11.3 Signatories to permit applications and reports

                    (a) All permit applications shall be signed as
              follows:

                    1.  For a corporation, by a principal executive
              officer of at least the level of vice-president;

                    2.  For a partnership or sole proprietorship, by a
              general partner or the proprietor, respectively;



                                         A-I 109










                  3.   For a municipality, State, Federal, or other
             public agency, by either a principal executive officer or
             ranking elected official; or

                  4.   By individual owners of record.

                  (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:

                  1.   The authorization is made in writing by a person
             described in (a) above;

                  2.   The authorization specifies either an individual
             or a position having responsibility for the overall
             operation of the regulated facility or activity, such as the
             position of plant manager, operator of a well or a well
             field, superintendent, or position of equivalent
             responsibility. A duly authorized representative may, thus,
             be either a named individual or any individual occupying a
             named position; and

                  3.   The written authorization is submitted with the
             application to the Department.

                  (c) If an authorization under (b) above is no longer
             accurate because a different individual or position has
             responsibility for the overall operation of the facility, 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) Any person signing a document under (a) or (b)
             above shall make the following certification:

                  "I certify under penalty of law that I have personally
             examined and am familiar with the information submitted in
             this document and all attachments and that, based on my
             inquiry of those individuals immediately responsible for
             obtaining the information, I believe that the information is
             true, accurate, and complete. I am aware that there are
             significant penalties for submitting false information,
             including the possibility of fine and imprisonment."

             7:7A-11.4 Confidentiality

                  (a) Any information submitted to the Department
             pursuant to these regulations may be claimed as confidential
             by the submitter at the time of submittal.





                                     A-I   110









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

                   1.    The name and address of any permit applicant or
              permittee;

                   2.    Effluent data;

                   3.    Permit application; and

                   4.    Permit decision.

                   (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.

              SUBCHAPTER 12. REVIEW OF APPLICATIONS


              7:7A-12.1 Initial Department action for Individual
              Freshwater Wetlands and Open Water Fill Permits

                   (a) Upon receipt of an application, which includes the
              fee specified in N.J.A.C. 7:7A-16, the Department shall if
              appropriate, transmit copies to other reviewing agencies.
              In addition, the Department will publish notice of the
              application in the DEPE Bulletin. If the application does
              not include the appropriate fee, no action will be taken by
              the Department under this section, and the submittal will
              not be considered an application, and completeness review
              will not begin.

                   (b) Within 30 days of receipt of the application, the
              Department shall review the application for completeness and
              may return the application as incomplete, make any necessary
              requests for more information, or declare the application
              complete. However, after assumption by the State of the 404
              program, this deadline for requesting additional information
              shall not apply if requests for more information are made by
              the Department because of comments received from the USEPA.

                   1. If,the application is returned as incomplete a new
              application will be required;

                   2. New notices meeting the requirements at N.J.A.C.
              7:7A-11.9 will be required if the new application is not
              filed within 60 days.

                   (c) If additional information is required of an
              applicant, the Department shall have 15 days after receipt
              of that information to request further clarification. In
              such cases, the application shall not be considered complete
              until all the additional information is received by the
              Department.




                                       A-I   ill










                   1.   Copies of information submitted in response to
              deficiency letters shall, at the discretion of the
              Department, be distributed to the same persons to whom
              copies of the initial application were distributed and to
              reviewing agencies who have requested such information or
              who will require it in order to complete their review.

              7:7A-12.2 USEPA review

                   (a) The Federal Act requires that, after assumption by
              the State of the 404 program, the USEPA oversee the State's
              administration of the program. The procedures in (b)
              through (j) below explain USEPA's oversight role, and the
              procedures which the State will follow to facilitate USEPA's
              oversight.

                   (b) Permits for at least the following categories of
              activities will require USEPA review. Generally, any
              projects not meeting the criteria listed below will be
              considered waived from the requirement of EPA review.
              However, any permits either individually or as a category
              may be elevated for EPA review:

                   1.   Discharges with reasonable potential for adverse
              impacts on waters of another state, as provided in N.J.A.C.
              7:7A-12.3(d);

                   2.   Major discharges as defined at N.J.A.C. 7:7A-1.4;

                   3.   Discharges into or within critical areas
              established under State or Federal law including but not
              limited to fish a"nd wildlife sanctuaries or refuges,
              national and historic monuments, wilderness areas and
              preserves, national and State parks, components of State and
              Federal Wild and Scenic River systems, and sites identified
              or proposed under the National Historic Preservation Act of
              1966, 16 U.S.C. Sï¿½470 et seq.;

                   4.   Proposed Statewide general permits;

                   5.   Discharges known or suspected to contain toxic
              pollutants in toxic amounts under Section 307(a)(1) of the
              Federal Act, or hazardous substances in reportable
              quantities under Section 311 of the Federal Act;

                   6.   Discharges located in proximity of a public water
              supply; and

                   7.   Discharges with potential for adversely affecting
              threatened or endangered species, identified pursuant to the
              Endangered Species Act of 1973, 16 U.S.C. 1531 et al. and
              subsequent amendments thereto.




                                        A-I 112










                   (c) The Department shall promptly transmit to the
              Regional Administrator:

                   1.   A copy of the complete permit application received
              by the Department for which permit review has not been
              waived under N.J.A.C. 7:7A-12.2(b). The Department shall
              supply the Regional Administrator with copies of the
              complete permit applications for which permit review has
              been waived,whenever requested by USEPA;

                   2.   A copy of a draft Statewide general permit
              whenever the Department intends to propose a general permit;

                   3.   Notice of every significant action taken by the
              State agency related to the consideration of any permit
              application for which Federal review has not been waived, or
              of any draft Statewide general permit; and

                   4.   A copy of every permit decision for which review
              has not been waived.

                   (d) If USEPA intends to comment upon, object to, or
              make recommendations with respect to a permit application,
              draft Statewide general permit, or the State's failure to
              accept the recommendations of an affected state pursuant to
              N.J.A.C. 12.3(d) below, USEPA may notify the State of this
              intent within 30 days of receipt of the permit application.
              If the State has been so notified, the permit shall not be
              issued until after the receipt of such comments or within 90
              days of the USEPA's receipt of the application, draft
              Statewide general permit or State response, whichever comes
              first. The USEPA may notify the State within 30 days   of
              receipt that there is no comment but that USEPA reserves the
              right to object within 90 days of receipt, based on any new
              information brought out by the public during the comment
              period or at a hearing.

                   (e) When the Department has received a USEPA objection
              or requirement for a permit condition to a permit
              application or draft Statewide general permit under this
              section, the State shall not issue the Federal 404 permit
              unless the steps required by the USEPA to eliminate the
              objection have been taken.

                   (f) Within 90 days of receipt by the Department of an
              objection or requirement for a permit condition by the
              USEPA, the State or any interested person may request that
              the USEPA hold a public hearing on the objection or
              requirement. USEPA shall conduct a public hearing whenever
              requested by the State proposing to issue the permit, or if
              warranted by significant public interest based on requests
              received.

                   (g)  If a public hearing is held under (f) above, USEPA



                                      A-I   113









              shall, following that hearing, reaffirm, modify or withdraw
              the objection or requirement for a permit condition, and
              notify the Administrator of this decision.

                   1.   If the USEPA withdraws the objection or
              requirement for a permit condition, the State may issue the
              Federal 404 permit.

                   2.   If the USEPA does not withdraw the objection or
              requirement for a permit condition, the Department must
              either issue a revised permit satisfying the USEPA's
              objection or including the required permit condition, or
              notify USEPA of its intent to deny the permit within 30 days
              of receipt of the USEPA's notification.

                   (h) If no public hearing is held under paragraph (f)
              of this section, the Department shall, within 90 days of
              receipt of the objection or requirement for a permit
              condition, either issue the revised permit to satisfy
              USEPA's objections or notify USEPA of its intent to deny the
              permit.

                   (i) In the event that the Department neither satisfies
              USEPA's objections or requirement for a permit condition nor
              denies the permit, the Federal 404 permit application will
              no longer be processed by the Department and shall be
              transferred to the Army Corpsof Engineers for processing.

                   (j) No Federal 404 permit shall be issued by the
              Department in the following circumstances:

                   1.   When the Regional Administrator has objected to
              issuance of the permit and the objection has not been
              resolved.

                   2.   When the proposed discharges would be in an area
              which has been prohibited, withdrawn, or denied as a
              disposal site by the USEPA under Section 404(c) of the
              Federal Act, or when the discharge would fail to comply with
              a restriction imposed thereunder.

                   3.   If the Army Corps of Engineers determines, after
              consultation with the Secretary of the Department in which
              the Coast Guard is operating, that anchorage and navigation
              of any of the navigable waters would be substantially
              impaired.

              7:7A-12.3 Soliciting public comment

                   (a) The Department shall provide notice of application
              pursuant to N.J.A.C. 7:7A-12.1 for an individual freshwater
              wetlands or open water fill permit, or transition area
              waiver, in addition to the applicant's notice requirements
              in N.J.A.C.-7:7A-11.1(a), in the DEPE Bulletin upon receipt




                                        A-I  114









              of the application. The public shall have 30 days from
              publication to submit written comments.

                   (b) Copies of all freshwater wetlands and open water
              fill permit applications, and transition area waiver,
              applications will be available for public scrutiny by
              interested persons in the Municipal Clerk's office and by
              appointment in the offices of the Department in Trenton (See
              N.J.A.C. 7:7A-1.3 for address) during normal business hours.

                   .(c) The status of all permit applications shall be
              published in the DEPE Bulletin, and shall constitute notice
              to all interested persons except those specifically provided
              with notice in this chapter.

                   (d) If a proposed discharge may affect the biological,
              chemical, or physical integrity of the waters of any
              state(s) other than New Jersey, the Department shall provide
              an opportunity for such state(s) to submit written comments
              within the public comment period and to suggest permit
              conditions. If these recommendations are not accepted, the
              Department shall notify the affected state and the USEPA in
              writing, prior to permit issuance, of the State's failure to
              accept these recommendations, together with the reasons for
              so doing. The Regional Administrator shall then have the
              time provided for in N.J.A.C. 7:7A-12.2(d), to comment upon,
              object to, or make recommendations.

              7:7A-12.4 Hearings on applications

                   (a) Within 30 days after publication of the notice of
              application in the DEPE Bulletin, interested persons may
              request in writing that the Department hold a public hearing
              on a particular application. Requests shall state the
              nature of the issues proposed to be raised at the hearing.

                   (b) The Department may issue or deny a permit without
              a public hearing, unless there is a significant degree of
              public interest in the application as manifested by written
              requests for a hearing within 20 days after the publication
              of notice of the permit application in the DEPE Bulletin or
              unless a hearing is requested by USEPA.

                   (c) If a hearing is to take place, the Department
              shall, within 15 days of declaring the application complete
              or within 30 days of publication in the DEPE Bulletin
              (whichever is later), set a date, place, and time for the
              public hearing and shall so notify the applicant, in
              accordance with the following:

                   1.  The hearing shall be in the county wherein the
              freshwater wetland or State open water is located whenever
              practicable.





                                       A-I  115









                  (d) The Department shall publish a notice announcing
             the date, place, and time of the public hearing in the DEPE
             Bulletin.

                   (e) The applicant shall give public notice of the
             public hearing at least 30 days before the hearing.

                  1. This notice shall comply with the notice
             requirements for applications found at N.J.A.C. 7:7A-
             11.1(b)7, 9 and 10 using the following format:

             "NOTICE OF STATE FRESHWATER WETLANDS INDIVIDUAL PERMIT
             APPLICATION PUBLIC HEARING

             TAKE NOTICE that the New Jersey Department of Environmental
             Protection and Energy, Land Use Regulation Element will hold
             a public hearing on the following permit application
             submitted under the Freshwater Wetlands Protection Act
             N.J.S.A. 13:9B-1 et seq.

             APPLICANT: Name
             FILE NUMBER: Element's file number
             PROJECT NAME: Name (if any)
             PROJECT DESCRIPTION: Detailed description of the proposed
                       improvements including all construction activities
             LOCATION: Block and Lot
             MUNICIPALITY: Municipality in which project is
                           located
             COUNTY: County in which project is located
             PROJECT ADDRESS: Street address of project

               The Land Use Regulation Element invites the public to
             attend the hearing and present written or oral comments on
             the application.

             HEARING DATE & TIME: As assigned by Element
             HEARING LOCATION: As assigned by Element
             HEARING OFFICER: Your project review officer
             DATE OF PREVIOUS HEARING (If one was held):

               A copy of the complete application is available for review
             at the township clerk's office. The Land Use Regulation
             Element invites the public to submit written comments on the
             Freshwater Wetlands Individual Permit application within
             fifteen (15) days of the hearing to:

                           Your project review officer
                           Department of Environmental Protection and
                           Energy
                           Land Use Regulation Element
                           CN 401/501 E. State St., 5 Station Plaza
                           Trenton, NJ 08625

             DATE OF THIS NOTICE: Date";




                                      A-I  116












                   2.   Proof of notice shall be submitted to the
              Department at least three days prior to the public hearing.
              In cases where proof of publication is unavailable three
              days prior to the hearing, the applicant may submit a
              notarized affidavit stating that notice of the hearing has
              been published, and specifying the date and newspaper in
              which such notice was published.

                   (f) The Department shall maintain a copy of the
              hearing transcript and all written comments received. The
              transcript and written comments shall be made part of the
              official record on the application and shall be available
              for public inspection in its Trenton Office. See N.J.A.C.
              7:7A-1.3 for address.

                   (g) The applicant shall provide a court reporter,
              bear the cost of the hearing and provide the Department with
              a transcript.

                   (h) The presiding official at the non-adversarial
              public hearing shall have broad discretion with respect to
              oral and written presentations by interested persons. This
              discretion shall be exercised to allow every person the
              opportunity to speak, to reasonably limit the length of
              individual testimony, and to ensure the maintenance of an
              orderly forum. At the conclusion of statements by
              interested persons, the applicant shall be afforded the
              opportunity to speak to the statements offered by interested
              persons.

                   (i) Any interested person may submit information and
              'comments, in writing, concerning the application within 15
              days after the hearing.

              7:7A-12.5 Final decisions

                   (a) Until the State assumes the implementation of the
              Federal Act, the Department shall issue or deny a permit
              within 180 days of submittal of a complete application,
              except as may otherwise be provided by the Federal Act.

                   (b) If the Department issues, denies or requests
              modification of a permit, the Department shall send notice
              thereof to the applicant.

                   (c) The Department may issue a permit imposing
              conditions necessary for compliance with the Act, this
              chapter, the Federal Act and the Water Pollution Control
              Act, N.J.S.A. 58:10A-1 et seq. Any regulated activities
              undertaken under authority of any issued'permit, shall
              constitute an acceptance by the applicant of the entire
              permit including all conditions therein.




                                       A-I  117









                   (d) Decisions by the Department shall be published in
             the DEPE Bulletin and a copy of every issued individual
             permit for which USEPA review has not been waived shall be
             transmitted to USEPA.                               I

                   (e) The permit application review process may be
             extended by mutual agreement between the applicant and the
             Department.

             7:7A-12.6 Cancellation, withdrawal, resubmission and
             amendment of applications

                   (a) Applications may be cancelled by the Department;
             or withdrawn, amended, or resubmitted by an applicant.

                   (b) If an application is not complete for final review
             within 60 days of a request for additional information, the
             Department shall send a letter canceling the application and
             stating that the application will be purged from Department
             files and that a new application will be required to
             reactivate the Department's review. If the applicant sends
             the.Department a letter documenting good cause for not
             supplying the requested information within the 60 day period
             the Department will grant an automatic extension of 30 days.
             The Department will grant additional 30-day extensions upon
             receiving a written request for such extension from the
             applicant.

                   1.  All fees submitted with an application
             subsequently cancelled shall be non-refundable.

                   (c) An applicant may withdraw an application at any
             time in the application review process. All fees submitted
             with such applications are non-returnable when a significant
             portion of the review has been completed. In some cases
             however (see (d) below) the fees may be credited toward
             future applications.

                   (d) If an application is cancelled, denied or
             withdrawn, the applicant may resubmit an application for a
             revised project on the same site. The resubmitted
             application will be treated as anew application, although
             references may be made to the previously submitted
             application. A new fee will be required except for
             applications that are withdrawn and resubmitted within
             one year of the withdrawal date.

                   (e) A permit application may be amended at the
             applicant's discretion at any time as part of the permit
             review process. Copies of amendments and amended
             information shall be distributed by the applicant to the
             same person to whom copies of the initial application were
             distributed. All amendments to pending applications shall
             constitute a new submission and may at the Department's




                                      A-I   118









              discretion require reinitiation of the entire review
              process.

              7:7A-12.7 Hearings and appeal of permit decisions

                    (a) An applicant who receives a final agency action or
              other affected party may request of the Commissioner an
              administrative hearing on any decision to issue or deny a
              permit made by the Department pursuant to the Act and this
              chapter.    When a request for an administrative hearing is
              filed by an affected party contesting an approved permit,
              the effective date of the approved permit may be stayed at
              the discretion of the commissioner until the matter is
              resolved.

                    (b) Such request shall be submitted in writing within
              30 days of the DEPE Bulletin publishing date, or the date of
              receipt of the permit decision, whichever is later. The
              request shall state in what way the Department has acted
              improperly in issuing or denying the permit, and what issues
              will be raised by the requestor should a hearing be held.

                    (c) The request for a hearing shall be sent to:

                        Office of Legal Affairs
                        ATTENTION: Adjudicatory Hearing Requests
                        Department of Environmental Protection and Energy
                        401 East State Street
                        CN 402
                        Trenton, New Jersey 08625-0402

                    1.  Upon receipt of such a request, the Commissioner
              may refer the matter to the Office of Administrative Law,
              which shall assign an administrative law judge to conduct a
              hearing on the matter in the form of a contested case
              hearing pursuant to the Administrative Procedure Act,
              N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative
              Procedure Rules, N.J.A.C. 1:1.

                    2.  Within 45 days of receipt of the administrative
              law judge's decision, the Commissioner shall affirm, reject,
              or modify the decision.

                    3.  The Commissioner's action shall be considered
              final agency action for the purposes of the Administrative
              Procedure Act, and shall be subject only to judicial review
              as provided in the Rules of Court.

              SUBCHAPTER 13. PERMIT CONTENTS

              7:7A-13.1 Conditions applicable to  all permits

                    (a) The following conditions  apply to all Individual
              and Statewide general freshwater wetlands and open water




                                        A-I 119









              fill permits:

                   1.   Duty to comply: The permittee shall comply with
              all conditions of the permit. Any permit noncompliance
              constitutes a violation of the Act and this chapter, and is
              grounds for enforcement action, for permit termination,
              revocation and reissuance, or modification, or for denial of
              a permit renewal application. In some cases, permit
              noncompliance may also constitute a violation of the Federal
              Act.

                   2.   Duty to reapply: If the permittee wishes to
              continue an activity regulated by the permit after the
              expiration date of the permit, the permittee must apply for
              and obtain a new permit.

                   3.   Duty to halt or reduce activity: It shall not be
              a defense for a permittee in an enforcement action that it
              would have been necessary to halt or reduce the permitted
              activity in order to maintain compliance with the conditions
              of the permit.

                   4.   Duty to minimize environmental impacts: The
              permittee shall take all reasonable steps to prevent,
              minimize or correct any adverse impact on the environment
              resulting from activities conducted pursuant to the permit,
              or from noncompliance with the permit. Mitigation
              consistent with N.J.A.C. 7:7A-14 will also be required for
              freshwater wetlands permits, open water fill permits and
              those Statewide General permits described at N.J.A.C. 7:7A-
              9.2(a).

                   5.   Proper operation and maintenance: The permittee
              shall at all times properly operate and maintain all
              facilities and systems of treatment and control (and related
              appurtenances) which are installed or used by the permittee
              to achieve compliance with the conditions of the permit.
              Proper operation and maintenance includes effective
              performance, adequate funding, adequate operator.staffing
              and training, and adequate laboratory and process controls,
              including appropriate quality assurance procedures. This
              provision requires the operation of back-up or auxiliary
              facilities or similar systems only when necessary to achieve
              compliance with the conditions of the permit. This
              provision requires the proper execution of any approved
              mitigation plan designed to mitigate losses caused by the
              permitted activity.

                   6.   Permit actions: The permit may be modified,
              revoked and reissued, suspended, or terminated for cause.
              The filing of a request by the permittee for a permit
              modification, revocation and reissuance, or termination, or
              a notification of planned changes or anticipated
              noncompliance does not stay any permit conditions.



                                         A-I 12 0










                    7.   Property rights: The permit does not convey any
               property rights of any sort, or any exclusive privilege.

                    8.   Duty to provide information: The permittee shall
               furnish to the Department within a reasonable time, any
               information which the Department requests to determine
               whether cause exists for modifying, revoking and reissuing,
               or terminating the permit, or to determine compliance with
               this permit. The permittee shall also furnish to the
               Department, upon request, copies of records required to be
               kept by the permit.

                    9.   Inspection and entry: The permittee shall allow
               the Department, or an authorized representative, upon the
               presentation of credentials and other documents as may be
               required by law, to:

                    i.   Enter upon the permittee's premises where a
               regulated facility or activity is located or conducted, or
               where records must be kept under the conditions of the
               permit;

                    ii. Have access to and copy, at reasonable times, any
               records that must be kept under the conditions of the
               permit;

                    iii. Inspect at reasonable times any facilities,
               equipment (including monitoring and control equipment),
               practices, or operations regulated or required under the
               permit; and

                    iv. Sample or monitor at reasonable times, for the
               purposes of assuring permit compliance or as otherwise
               authorized by the Federal Act, by the Act, or by any rule or
               order issued pursuant thereto, any substances or parameters
               at any location.

                    10. Monitoring and records requirements are as
               follows:

                    i. Samples and measurements taken for the purpose of
               monitoring shall be representative of the monitored
               activity.

                    ii. The permittee shall retain records of all
               monitoring information, including all calibration and
               maintenance records and all original strip chart recordings
               for continuous monitoring instrumentation, copies of all
               reports required by 'the permit, and records of all data used
               to complete the application for the permit, for a period of
               at least three years from the date of the sample,
               measurement, report or application. This period may be
               extended by request of the Commissioner at any time.




                                         A-I 121










                   iii. Records of monitoring information shall include:

                   (1) The date, exact place, and time of sampling or
             measurements;

                   (2) The  individual(s) who performed the sampling or
             measurements;

                   (3) The date(s) analyses were performed;

                   (4) The  individual(s) who performed the analyses;

                   (5) The analytical techniques or methods used; and

                   (6) The results of such analyses.

                   11. Signatory requirement: All applications, reports,
             or information submitted to the Department shall be signed
             and certified as required in N.J.A.C. 7:7A-11.3.

                   .12. Reporting requirements are as follows:

                   i.  Planned changes: Thepermittee shall give notice
             to the Department as soon as possible of any planned
             physical alterations or additions to the permitted project
             or activity.

                   ii. Anticipated noncompliance: The permittee shall
             give advance notice to the Department of any planned changes
             in the permitted project or activity which may result in
             noncompliance with permit requirements.

                   iii. Transfers: The permit is not transferable to any
             person except after notice to the Department. The
             Department may require modification or revocation and
             reissuance of the permit to change the name of the permittee
             and incorporate such other requirements as may be necessary
             under the Act (see N.J.A.C. 7:7A-13.5). In some cases,
             modification or revocation and reissuance is mandatory.

                   iv. Monitoring reports: Monitoring results shall be
             reported at the intervals specified elsewhere in the permit.

                   V.  Twelve hour reporting: The permittee shall report
             any noncompliance which may endanger health or the
             environment. Any information shall be provided orally
             within 12 hours from the time the permittee becomes aware of
             the potentially dangerous circumstances. A written
             submission shall also be provided within five days of the
             time the permittee becomes aware of the circumstances. The
             written submission shall contain a description of the
             noncompliance and its cause; the period of noncompliance,
             including exact dates and times, and if the noncompliance




                                       A-I 12 2









              has not been corrected, the anticipated length of time it is
              expected to continue; and steps taken or planned to reduce,
              eliminate, and prevent recurrence of the noncompliance.

                   vi. Other noncompliance: The permittee shall report
              all instances of noncompliance not reported pursuant to
              (a)12i, iv, and v above, at the time monitoring reports are
              submitted. The reports shall contain the information listed
              in (a)12v above.

                   vii. other information. Where the permittee becomes
              aware that it failed to submit any relevant facts in a
              permit application, or submitted incorrect information in a
              permit application or in any report to the Department, it
              shall promptly submit such, facts or information.

                   13. The permittee need not comply with the conditions
              of the permit to the extent and for the duration that such
              noncompliance is authorized in an emergency permit.

                   14. Regulated activities are not conducted under the
              authority of the permit if they are not specifically
              identified and authorized in the permit.

                   15. The permittee shall maintain the authorized work
              areas in good condition and in accordance with the
              requirements contained in the permit.

                   16. If any applicable water quality standards are
              revised or modified, or if a toxic effluent standard or
              prohibition under section 307(a) of the Federal Act is
              established for a pollutant present in the permittee's
              discharge and is more stringent than any limitation in the
              permit, the permit shall be promptly modified, pursuant to
              N.J.A.C. 7:7A-13.6 to conform to the standard, limitation or
              prohibition.

                   17. All projects authorized by an individual or
              general permit issued pursuant to this chapter shall be
              posted with a sign, prominently displayed at the main
              entrance to the property or worksite, at all times from
              commencement to completion of the permitted activity. The
              sign shall contain at least the following information:

                   i.  The work which is authorized by the Department;

                   ii. The type of permit applied for or authorizing the
              work, and the permit or application number;

                   iii. A Department phone number for verification; and

                   iv. The location nearest the site at which the permit
              may be inspected.





                                     A-I    123









             7:7A-13.2 Establishing permit conditions

                   (a) In addition to conditions required in all permits
             (N.J.A.C. 7:7A-13.1), the Department shall establish
             conditions in permits, as required on a case-by-case basis,
             under N.J.A.C. 7:7A-13.3 (duration of permits) and N.J.A.C.
             7:7A-13.1 (a) 10 (monitoring).

                   (b) The Department shall also establish conditions in
             permits, as required on a case-by-case basis, to provide for
             and assure compliance with all applicable requirements of
             the Federal Act, the Act, the Water Pollution Control Act,
             this chapter and other appropriate rules or regulations.

                   1.  For the purposes of this subsection, an applicable
             requirement is a state statutory or regulatory requirement
             which takes effect prior to final administrative disposition
             of a permit, or prior to the modification or revocation and
             reissuance of a permit, to the extent allowed in N.J.A.C.
             7:7A-13.

                   2.  New or reissued permits, and to the extent allowed
             under N.J.A.C. 7:7A-13.6 modified or revoked and reissued
             permits, shall incorporate each of the applicable
             requirements referenced in N.J.A.C. 7:7A-13.1.

                   (c) In addition to the requirements in N.J.A.C. 7:7A-
             13.6, each permit shall include information meeting the
             following requirements, when applicable.

                   1.  A specific identification and description of the
             authorized activity, including:

                   i.  The name and address of the permittee and the
             permit application identification number;

                   ii. The use or purpose of the regulated activity;

                   iii. The type and quantity of the materials to be
             discharged or used as fill;

                   iv. Any structures proposed to be erected; and

                   V.  The location and boundaries of the activity
             site(s), including a detailed sketch and the name and
             description of affected freshwater wetlands, State open
             waters, and transition areas, identification of the major
             watershed and subwatershed; and

                   vi. A reference to the specific site plans depicting
             the approved regulated activity(ies).

                   2.  Provisions ensuring that the regulated activity
             will be conducted in compliance with the environmental



                                      A-I 12 4









              guidelines issued under section 404(b)(1) of the Federal Act
              (40 C.F.R. Part 230), the Act, and this chapter, including
              conditions to ensure that the regulated activity shall be
              conducted in a manner which minimizes adverse impacts upon
              the physical, chemical, and biological integrity of the
              waters of the United States, such as requirements for
              restoration or mitigation;

                   3.  Any requirements necessary to comply with water
              quality standards established under applicable Federal or
              State law. If an applicable water quality standard is
              promulgated after the permit is issued, it shall be modified
              as provided in N.J.A.C. 7:7A-13.6;

                   4.  Requirements necessary to comply with any
              applicable toxic effluent standard or prohibition under
              section 307(a) of the Federal Act or applicable State or
              local law. If an applicable toxic effluent standard or
              prohibition is promulgated after the permit is issued, it
              shall be modified as provided in N.J.A.C. 7:7A-13.6;

                   5.  Applicable best management practices (BMPs) as
              provided in the memorandum of agreements included in the
              State application for assumption of the Federal permit
              program in section 404 of the Federal Act;

                   6.  Any conditions necessary for general permits as
              required under N.J.A.C. 7:7A-9.3;

                   7.  A specific date on which the permit shall
              automatically expire, unless previously revoked and reissued
              or modified or continued, if the authorized work has not
              been commenced; and

                   8.  Reporting of monitoring results. All permits
              shall specify:

                   i.  Requirements concerning the proper use,
              maintenance, and installation, when appropriate, of
              monitoring equipment or methods (including biological
              monitoring methods when appropriate);

                   ii. Required monitoring including type, intervals, and
              frequency sufficient to yield data which are representative
              of the monitored activity including, when appropriate,
              continuous monitoring; and

                   iii. Applicable reporting requirements based upon the
              impact of the regulated activity.

                   (d) All permit conditions shall be incorporated either
              expressly or by reference. If incorporated by reference, a
              specific citation to the applicable rules or regulations or
              requirements shall be given in the permit.



                                       A-I 12 5










              7:7A-13.3 Duration of permits

                   (a) Freshwater wetlands and open water fill permits
              shall be effective for a fixed term not to exceed five
              years.

              7:7A-13.4 Effect of a permit

                   (a) Compliance with a permit during its term
              constitutes compliance, for purpose of enforcement, with
              "sections 301, 307, and 403 of the Federal Act, with the
              Act, and with this chapter. However, a permit may be
              modified, revoked and reissued, suspended, or terminated
              during its term for cause as set forth in this chapter.

                   (b) The issuance of a permit does not convey property
              rights of any sort, or any exclusive privilege.

              7:7A-13.5 Transfer of permits

                  . A permit may be transferred by the permittee to a new
              owner or operator only if the*permit has been modified or
              revoked and reissued under N.J.A.C. 7:7A-13.6, or a minor
              modification made under N.J.A.C. 7:7A-13.9 to identify the
              new permittee and incorporate such other requirements as may
              be necessary under the Federal Act, this chapter, or any
              permit or order issued pursuant thereto.

              7:7A-13.6 Modification or revocation and reissuance of
              permits

                   .(a) When the Department receives any information (for
              example, through a site inspection, through submission of
              information by the permittee as required by a permit,
              through a request for notification or revocation and
              reissuance, or through a review of the permit file) the
              Department may determine whether one or more of the causes
              for modification or revocation and reissuance listed in
              N.J.A.C. 7:7A-13.7 and 13.8 exist. If cause exists, the
              Department may modify or revoke and reissue the permit
              accordingly, subject to the limitations of (e) below, and
              may request an updated application, if necessary.

                   (b) Any permit modification not processed as a minor
              modification must be made for cause and with the public
              notice and hearings procedures required for permit
              applications under N.J.A.C. 7:7A-11.1(a)7,9,10, and 12.1(a)
              12.3, 12.4, and 12.5.

                   (c) If cause does not exist under this chapter, the
              Department shall not modify or revoke and reissue the
              permit.





                                        A-I  126









                   (d) If a permit modification satisfies the criteria in
              N.J.A.C. 7:7A-13.9 for "minor modifications", the permit may
              be modified without public review.

                   (e) When a permit is modified, only the conditions
              subject to modification are reopened. If a permit is
              revoked and reissued, the entire permit is reopened and
              subject to revision, public hearings and comments, and the
              permit may be reissued for a new term.

                   (f) No Federal 404 permit shall be modified or revoked
              and reissued if USEPA objects (See N.J.A.C. 7:7A-12.3).

                   (g) Any modification except for those issued pursuant
              to N.J.A.C. 7:7A-13.9(b)4 will be published in the DEPE
              Bulletin.

                   (h) Except for minor modifications of permits as
              described at N.J.A.C. 7:7A-13.9, a fee shall be submitted
              for modifications according to the requirements set forth
              for permit fees at N.J.A.C. 7:7A-16.

              7:7A-13.7 Causes for modification, but not revocation and
                        reissuance

                   (a) The following are causes for modification, but not
              for revocation and reissuance of permits. The following may
              only be causes for revocation and reissuance as well as
              modification when the permittee requests or agrees.

                   1.   Material and substantial alterations or additions
              proposed to the permitted project or activity after permit
              issuance which justify the application of permit conditions
              that are different or absent from the existing permit.

                   2.   Permits may be modified during their terms if the
              Department receives information which was not available at
              the time of permit issuance (other than revised regulations,
              guidance, or test methods) which would have justified the
              application of different permit conditions at the time of
              issuance. (For general permits, see N.J.A.C. 7:7A-9.5).
              This cause shall include any information indicating that
              cumulative effects on the environment are unacceptable.

                   3.   The standards or regulations on which the permit
              was based have been changed by promulgation of amended
              standards or regulations, or by judicial decision after the
              permit was issued. Permits may be modified during their
              terms for this cause only as follows:

                   i.   For promulgation of amended standards or
              regulations, when:

                   (1) The permit condition requested to be modified was




                                       A-I  127









             based on a USEPA or Department approved or promulgated water
             quality standard; and

                   (2) The Department or USEPA has revised, withdrawn, or
             modified that portion of the rule or regulation on which the
             permit condition was based, or has approved a State action
             with regard to a water quality standard on which the permit
             condition was based; and

                   (3) A permittee requests modification in accordance
             with this chapter within 90 days after Federal Register or
             New Jersey Register notice of the action on which the
             request is based.

                   ii. For judicial decisions, a court of competent
             jurisdiction has remanded and stayed USEPA or Department
             promulgated standards, if the remand and stay concern that
             portion of the standards on which the permit condition was
             based, and a request is filed by the permittee in accordance
             with this chapter within 90 days of judicial remand.

             7:7A-13.8 Causes for modification or revocation and
             reissuance

                   (a) Cause exists to modify or, alternatively, revoke
             and reissue a permit when:

                   1.  Cause exists for termination under N.J.A.C. 7:7A-
             15.10 (termination of permits), and the Department
             determines that modification or revocation and reissuance is
             more appropriate under the circumstances; or

                   2.  The Department has received notification, as
             required under N.J.A.C. 7:7A-13.5 of a proposed transfer of
             the permit and the transfer does not meet the criteria at
             N.J.A.C. 7:7A-13.9(b)3.

             7:7A-13.9 Minor modifications of permits

                   (a) Upon the consent of the permittee, the Department
             may modify a permit to make the minor corrections or
             allowances for changes in the permitted activity listed in
             this section, without following the procedures of N.J.A.C.
             7:7A-13.6. Any permit modification not processed as a minor
             modification under this section must be made for cause and
             must follow the modification procedures in N.J.A.C. 7:7A-
             13.6.

                   (b) Minor modifications may only:

                   1.  Correct typographical errors;

                   2. , Require more frequent monitoring or reporting by
             the permittee;



                                       A-I 12 8










                        Allow for a change in ownership or operational
              control of a project or activity where the Department
              determines that no other change in the permit is necessary,
              provided that a written agreement containing a date for
              transfer of permit responsibility, coverage, and liability
              between the current and new permittees has been submitted to
              the Department; and

                   4. Allow for a change in materials or construction
              techniques required by another permitting agency provided
              the change will not result in additional wetland, State open
              water or transition area impacts from that of the originally
              approved permit.


              SUBCHAPTER 14. MITIGATION

              7:7A-14.1 Mitigation goals

                   (a) The Department shall require mitigation as a
              condition of an individual freshwater wetlands or State open
              water fill permit, and certain Statewide general permits.
              Mitigation may include restoration, creation, enhancement,
              or donation of money or land or both to the Mitigation Bank,
              or to other public or private non-profit conservation
              organizations. Donations of land to public or private non-
              profit conservation organizations shall first be approved by
              the Mitigation Council and the Department in consultation
              with USEPA.

                   (b) When an individual freshwater wetlands permit,
              State open water 'fill permit or certain Statewide general
              permits allow the disturbance or loss of wetlands or State
              open waters, this disturbance or loss shall be compensated
              for as specified below at N.J.A.C. 7:7A-14.2, unless the
              applicant can prove, through the use of productivity models
              or other similar studiest that by restoring or creating a
              lesser area, there will be a replacement of wetlands or
              State open water of equal ecological value. In order to
              demonstrate equal ecological value, the applicant shall
              survey and provide written documentation regarding, at a
              minimum, existing soil, vegetation, water quality functions,
              flood storage capacity, soil erosion and sediment control
              functions, and wildlife habitat conditions and detail how
              the proposed mitigation plan will replace the ecological
              values of the wetland to be lost or disturbed.

                   (c) Mitigation must be performed prior to or
              concurrently with permitted activities that will permanently
              disturb wetlands or State open waters, and immediately after
              activities that will temporarily disturb wetlands or State
              open waters. Applicants shall be required to obtain a
              secured bond, or other surety acceptable to the Department



                                       A-I  129









              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 mitigation
              should the applicant default. The performance bond for the
              construction of the proposed mitigation shall be posted in
              an amount equal to 115 percent of the estimated cost of
              construction of the mitigation activity. In addition, a
              maintenance bond to assure the success of the mitigation
              shall be posted in an amount equal to 30 percent of the
              estimated cost of construction. The performance and
              maintenance bonds will be reviewed annually and shall be
              adjusted to reflect current economic factors.

                   1. The performance bond or other surety will be
              released upon an inspection by the Department    confirming
              completion of construction and planting of the mitigation
              site. The maintenance bond will be released upon the
              Department's confirmation that the three-year, post-planting
              monitoring period has been successfully completed and that
              no additional maintenance is required in order to meet the
              specifications of the approved mitigation plan.

                   (d) The Department shall not consider a mitigation
              proposal in determining whether a project should be awarded
              a permit, but shall require mitigation as a condition of any
              permit found to be acceptable under the criteria listed in
              N.J.A.C. 7:7A-3.

                   (e) As a condition of every creation or enhancement
              plan authorized under this subsection, an applicant shall
              sign a Department approved conservation easement and
              register this restriction on the deed for the subject
              parcel. This restriction will provide that no regulated
              activities will occur in the created or enhanced wetland
              area. This restriction shall be memorialized in a deed
              restriction meeting the Department's requirements and shall
              run with the land and be binding upon the applicant and the
              applicant's successors in interest in the premises or any
              part thereof. The freshwater wetland permit will not become
              effective until the deed restriction is registered with the
              county clerk. Any regulated activities undertaken on the
              site before a copy of the registered restriction is
              submitted to the Department will be considered in violation
              of the Act and this chapter.

                   1. No future development will be permitted on the
              mitigation site unless the Department finds that the
              regulated activity has no practicable alternative which
              would:

                   i. Not involve a freshwater wetland or State open
              water; or

                   ii. Involve a freshwater wetland, or State open water



                                         A-I 13 0










               but would have a less adverse impact on the aquatic
               ecosystem;

                     iii. Not have other significant adverse environmental
               consequences, that is it shall not merely substitute other
               significant environmental consequences for those attendant
               on the original proposal; and

                     iv. That there is a compelling public need for the
               activity greater than the need to protect the mitigation
               site.

                     2. To satisfy this condition the applicant shall
               provide a receipt showing that the restriction has been
               registered at the county clerk's office.

                     (f) Except for publicly funded projects, as described
               at (f)l  below any mitigation carried out offsite shall be on
               private  property.

                     1. Mitigation for publicly funded projects may be
               carried  out on public lands provided that these lands were
               private  lands purchased by a public agency expressly for the
               purpose  of performing mitigation.

                     (g) When loss or disturbance of freshwater wetlands or
               State open waters results from a violation of the Act, this
               chapter, or any permit, order or approved mitigation plan
               issued pursuant thereto, the mitigation portion of the
               penalty shall be that specified in N.J.A.C. 7:7A-15. The
               Department may, at its discretion, condition approval of a
               mitigation plan, or a permit, or both, on the resolution of
               the violation.

               7:7A-14.2 Wetland or State open water mitigation options

                     (a) The Department distinguishes between four types of
               mitigation: restoration, creation, enhancement, and
               contribution. Depending on the circumstances under which
               wetlands or State open waters are lost or disturbed,
               different types of mitigation may be required by the
               Department. The types of mitigation are explained below:

                     1.   Restoration refers to actions performed on the
               site of a regulated activity, within six months of the
               regulated activity, in order to reverse or remedy the
               effects of the activity on the wetland or State open waters,
               and to restore the site to pre-activity condition.

                     i.   Restoration will be required at a ratio of one
               acre restored to one acre lost, modified or disturbed. if
               restoration type actions are performed more than six months
               after the regulated activity which disturbed the wetland,
               these actions will no longer be considered restoration, but



                                          A-I 1 131









             will be considered creation, and will be governed by the
             provisions of (a) 2 below.   At the Department's discretion,
             restoration activities may exceed six months in cases where
             a violation has occurred.

                  2.   Creation refers to actions performed to establish
             freshwater wetland or State open water characteristics,
             habitat and functions on upland areas. The creation of
             freshwater wetlands or State open waters shall be governed
             by the following provisions:

                  i. Creation will be required at a ratio of two acres
             created to one acre lost or disturbed unless the applicant
             demonstrates equal ecological value pursuant to N.J.A.C.
             7:7A-14.1(b). Where the Department permits mitigation on
             less than a 2:1 basis, frequent monitoring will be required
             by the permittee. In such cases, the Department will
             require additional mitigation or further remedial action if
             a net loss of equal ecological value occurs during the
             three-year monitoring period.   Under no circumstances shall
             the mitigation area be smaller than the disturbed area.
             Creation of wetlands from other existing climax habitats is
             discouraged.

                  ii. Creation shall not be permitted on a site that
             retains wetlands characteristics. Rather such a site is only
             eligible for enhancement activities pursuant to (a) 3 below.

                  iii. In addition to the wetlands created in the ratio
             required, the mitigation site shall include the appropriate
             transition area. The transition area width will be that
             which is required for the resource value classification of
             the closest adjacent wetland areas and will be a minimum of
             50 feet.

                  3.   Enhancement refers to actions performed to improve
             the characteristics, habitat and functions of an existing,
             degraded wetland such that the enhanced wetland will have
             resource values and functions similar to an undisturbed
             wetland. The ratio of enhanced wetlands to wetlands
             disturbed or modified will be determined-based on the
             documented.assessment of the loss of ecological value of the
             wetlands disturbed or modified.

                  4.   Contribution refers to the donation of money or
             land to the Mitigation Bank or to other public or private
             non-profit conservation organizations as approved by the
             Mitigation Council and the Department in consultation with
             EPA. Donations shall only be considered if the Department
             in consultation with USEPA determines that other forms of
             mitigation are not feasible onsite or offsite in the same
             watershed. For the purposes of this subsection only,
             feasible shall include a determination of whether other
             types of mitigation would be as ecologically beneficial as



                                       A-I 13 2











              the donation.

                   i. If money is donated, the donation shall be
              equivalent to the lesser of the following costs:

                   (1) purchasing and enhancing existing degraded
              freshwater wetlands, resulting in preservation of freshwater
              wetlands of equal ecological value to those which are being
              lost; or

                   (2) purchase of property and the cost of creation of
              freshwater wetlands of equal ecological value to those which
              are being lost.

                   ii. If the Department determines that land donation is
              appropriate, as part or all of a contribution, only land
              which has been determined by the Mitigation Council to have
              the potential to be a valuable component of the freshwater
              wetlands ecosystem will be acceptable to satisfy the
              mitigation requirement.

              7:7A-14.3 Location of mitigation sites

                   (a) All mitigation projects shall be carried out on-
              site to the maximum extent practicable.

                   1. For the purposes of this subsection the term
              practicable shall mean that all efforts have been exhausted
              after taking into consideration cost, existing technology,
              and logistics in light of the overall project purposes.

                   (b) If on-site mitigation is found to be
              impracticable, the mitigation shall be carried out within
              the same watershed to the maximum extent practicable.

                I (c) If the Department determines that mitigation onsite
              or in the same watershed is not feasible or less
              ecologically beneficial, the Department may approve
              mitigation in a different watershed.

              7:7A-14.4 Wetland mitigation proposal requirements

                   (a) A proposal for mitigation shall include the
              following information, as appropriate:

                   1.  A description of the size and type of mitigation
              project proposed, including a transition area, a description
              of the freshwater wetlands which are being lost or disturbed
              and how the proposal satisfies the requirement for creation
              of wetlands of equal ecological value within the same
              watershed;
                   2.  Names and addresses of current and proposed             Is
              owner(s) of the mitigation project site;




                                       A-I  133










                  3.   The language of a proposed conservation easement
             or deed restriction which provides for the maintenance of
             the mitigation site as a natural area in perpetuity;

                  4.   A monitoring and maintenance plan to ensure 85
             percent survival and 85 percent areal coverage of the
             mitigation plantings for at least three years after
             planting;

                  5.   A description of the existing and proposed
             vegetation on the mitigation site including scientific
             names. Spacing of all plantings must be shown along with
             the stock type, that is, bare root, potted, seed, and source
             of the plant material;

                  6.   A description of the existing and proposed
             hydrology of the site including the elevation of adjacent
             surface water and the depth to the seasonal high water
             table;

                  7.   Existing soil types and proposed soil
             characteristics;

                  B.   A schedule from initiation to completion of the
             project including dates of excavation, planting, fertilizing
             (rates and type), etc.;

                  9.   A metes and bounds description of the proposed
             mitigation site, which will form the basis for the deed
             .restriction;

                  10. Five folded copies of a site plan for the
             mitigation project which includes:

                  i.   Project location within the region and in relation
             to adjacent development;

                  ii. The lot and block number of the project location;

                  iii. Existing and proposed elevations and grades of the
             project shown in one foot intervals; and

                  iv. Plan views and cross sectional view; and

                  11. A copy or photocopy of a portion of the U.S.G.S.
             7.5 minute quadrangle map (available from the Department's
             Maps and Publications Office, CN 402, Trenton, NJ, 08625)
             showing the location of the property and its general
             vicinity, indicating and labeling the location of the
             proposed mitigation and the property boundaries, and a
             determination of the State Plane Coordinates for the center
             of the property. The accuracy of these coordinates should
             be within 50 feet of the actual point. For linear projects.,



                                      A-I 134









              the applicant shall provide State plane coordinates for the
              end-points of those projects which are 1999 feet or less,
              and for those projects which are 2000 feet and longer,
              additional coordinates at each 1000 foot interval.

              7:7A-14.5 Acceptability of wetlands mitigation proposals

                   (a) Wetlands and State open water mitigation proposals
              shall be reviewed by the Department for acceptability. The
              Department will base the acceptability determination upon
              the following criteria:

                   1.   Location of the mitigation site as described under
              N.J.A.C. 7:7A-14.3 and in relation to adjacent development;

                   2.   Size of the proposed mitigation project as
              described under this subchapter;

                   3.   Suitability of the selected vegetative species to
              survive in the proposed environment;

                   4.   Suitability of the monitoring program and
              maintenance to ensure 85 percent survival and 85 percent
              areal coverage of the mitigation plantings for at least
              three years following planting;

                   5.   Suitability of the proposed substrate (soil) to
              support the selected vegetative species;

                   6.   Success of other mitigation projects within the
              area;

                   7.   Proposed elevations and hydrology;

                   S.   Ability of the site to support wildlife; and

                   9.   Any other relevant consideration.

                   (b) When a mitigation plan is submitted subsequent to
              the permit decision, within 30 days of the receipt of the
              submission, the Department shall review the submission for
              completeness and make any necessary requests for additional
              information, or declare the submission complete. Within 60
              days of accepting a submission as complete, the Department
              shall issue a decision on the acceptability of a proposed
              mitigation plan unless extended by consent of the permittee.

              7:7A-14.6 Wetlands mitigation council

                   (a) The Wetlands Mitigation Council shall have
              oversight of the creation and implementation of the Wetlands
              Mitigation Bank. The Wetlands Mitigation Bank will serve all
              programs-within the Land Use Regulation Element for which
              wetlands and open water mitigation is required as a



                                        A-I 135









             condition of a permit. The Council duties and functions
             shall include:

                  1.   Accepting donations of money or land when the
             Department has determined donation to be an acceptable form
             of mitigation for a permit or a violation;

                  2.   Determining if land to be donated has the
             potential to be a valuable component of the wetlands or
             surface water ecosystem;

                  3.   Disbursement of funds from the Wetlands Mitigation
             Bank to finance mitigation projects;

                  4.   Purchasing land to provide areas for restoration
             of degraded freshwater wetlands and to preserve wetlands,
             and surface waters and transition areas determined to be of
             critical importance; and

                  5.   Reviewing and approving the establishment of
             private mitigation banks.

                  (b) The Council may transfer any funds or lands
             restricted by deed, easement or other appropriate means to
             mitigation and freshwater wetlands conservation purposes, to
             a State or Federal conservation agency that consents to the
             transfer, to expand or provide for:

                  1.   Freshwater wetlands preserves;

                  2.   Transition areas around existing freshwater
             wetlands to preserve freshwater wetland quality;

                  3.   Future mitigation sites for freshwater wetlands
             restoration; or

                  4.   Research to determine more successful mitigation
             techniques

                  (c) Under no circumstances will the resources of the
             Mitigation Bank be used to aid permittees or violators in
             locating mitigation sites required of them because of their
             permit or violation.

             SUBCHAPTER 15. ENFORCEMENT


             7:7A-15.1 General provisions

                  The burden of proof and degrees of knowledge or intent
             required to establish a violation of the Act or of any
             permit, order, rule or regulation promulgated pursuant
             thereto shall be no greater than the burden of proof or
             degree of knowledge or intent which USEPA must meet in
             establishing a violation of the Federal Act or implementing



                                      A-I  136









              regulations.

              7:7A-15.2 USEPA review

                   The Department shall make available without restriction
              any information obtained or used in the implementation of
              the Act to USEPA upon request.

              7:7A-15.3 Administrative order

                   (a) Whenever, on the basis of available information,
              the Department finds a person in violation of any provision
              of the Act, or of any permit, order, rule or regulation
              issued pursuant thereto the Department may issue an order:

                   1.   Specifying the provision or provisions of the Act,
              rule, regulation, permit or order which has been, or is
              being violated;

                   2.   Citing the action which constituted the violation;

                   3.   Requiring immediate compliance with the provision
              or provisions violated;

                   4.   Requiring the restoration or rehabilitation of the
              freshwater wetlands, State open waters or transition area
              which is the site of the violation; and

                   5.   Providing notice of the right to a hearing on the
              matters contained in the order.

              7:7A-15.4 Civil action

                   (a) Whenever, on the basis of available information,
              the Department finds a person in violation of any provision
              of the Act, or of any rule or regulation adopted, or permit
              or order issued, pursuant to the Act, the Department is
              authorized to institute a civil action in superior court for
              appropriate relief. Such relief may include, singly or in
              combination:

                   I.   A temporary or permanent injunction;
                            1
                   2.   Assessment of the violator for the costs of any
              investigation, inspection, or monitoring survey which led to
              the establishment of the violation, and for the reasonable
              costs of preparing and bringing legal action under this
              section;

                   3.   Assessment of the violator for any costs incurred
              by the State in removing, correcting, or terminating the
              adverse effects upon the freshwater wetlands, State open
              waters or transition areas resulting from any unauthorized
              regulated activity for which legal action under this section



                                       A-I 137









             may have been brought;

                   4.   Assessment against the violator for compensatory
             damages for any loss or destruction of wildlife, fish or
             aquatic life, and for any other actual damages caused by an
             unauthorized regulated activity. Assessments under this
             section shall be paid to the State Treasurer except that
             compensatory damages shall be paid by specific order of the
             court to any persons who have been aggrieved by the
             unauthorized regulated activity; and/or

                   5.   A requirement that the violator restore or
             rehabilitate the site of the violation to the maximum extent
             practicable and feasible as defined in N.J.A.C. 7:7A-1.4.
             If the violator does not do so, the State may take
             corrective action, and will assess the violator pursuant to
             this chapter.

             7:7A-15.5 Civil administrative penalty

                   (a) Whenever, on the basis of available information,
             the Department finds a person in violation of any provision
             of the Act, or of any rule or regulation adopted, or permit
             or order issued, pursuant to the Act, the Department is
             authorized to assess a civil administrative penalty of not
              ore than $10,000 for each violation. Each day during which
             each violation continues shall constitute an additional,
             m

             separate, and distinct offense. Specific penalty amounts,
             and procedures for their assessment and for adjudicatory
             hearings on penalties assessed, can be found at N.J.A.C.
             7:7A-17.

                   1.   Any amount assessed under this section shall fall
             within the ranges established by N.J.A.C. 7:7A-17.

                   2.   No assessment shall be levied pursuant to this
             section until after the party has been notified by certified
             mail or personal service pursuant to N.J.A.C. 7:7A-17.8.

                   3.   The ordered party shall have 20 days from receipt
             of the notice within which to deliver to the Department a
             written request for a hearing in accordance with N.J.A.C.
             7:7A-17.9. Such hearing shall be conducted pursuant to the
             Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. and
             the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

                   4.   The authority to levy an administrative order is
             in addition to all other enforcement powers. The payment of
             any assessment shall not be deemed to affect the
             availability of any other enforcement powers in connection
             with the violation for which the assessment is levied.

                   5.   Any civil administrative penalty assessed under
             this  section may be compromised by the Department upon the




                                        A-I 138









              posting of a performance bond by the violator, or upon such
              terms and conditions as the Department may establish by
              regulation.

              7:7A-15.6 Civil penalty

                   (a) Each person who violates the Act or this chapter,
              or an administrative order or a court order issued pursuant
              to the Act, and who fails to pay a civil administrative
              assessment in full pursuant to N.J.A.C. 7:7A-15.5 shall be
              subject, upon order of a court, to a civil penalty not to
              exceed $10,000 per day of such violation. Each day during
              which the violation continues shall constitute an
              additional, separate, and distinct offense.

                   (b) Any civil penalty imposed pursuant to this section
              may be collected with costs in a summary proceeding pursuant
              to the penalty enforcement law, N.J.S.A. 2A:58-1 et seq.
              The Superior Court shall have jurisdiction to enforce the
              penalty enforcement law in conjunction with the Act and this
              chapter.

              7:7A-15.7 criminal action

                   (a) A person who willfully or negligently violates the
              Act, or any regulation or order issued pursuant thereto,
              shall be guilty, upon conviction, of a crime of the fourth
              degree and shall be subject to a fine of not less than
              $2,500 nor more than $25,000 per day of violation.

                   (b) A second offense under this subsection shall
              subject the violator to a fine of not less than $5,000 nor
              more than $50,000 per day of violation.

                   (c) A person who knowingly makes a false statement,
              representation, or certification in any application, recordl
              or other document filed or required to be maintained under
              the Act, or under any permit, order or rule issued pursuant
              to the Act, or who falsifies, tampers with or knowingly
              renders inaccurate, any monitoring device or method required
              to be maintained pursuant to the Act or any order or rule
              issued pureuant thereto, shall, upon conviction, be subject
              to a fine of not more than $10,000.

              7:7A-15.8 Notice of violation recorded on deed to property

                   In addition to the penalties prescribed in this
              subchapter, a notice of violation of the Act shall be
              recorded on the deed of the property wherein the violation
              occurred, on order of the Department, by the clerk or
              register of deeds and mortgages of the county wherein the
              affected property is located and with the clerk of the
              Superior Court and shall remain attached thereto until such
              time as the violation has been remedied and the Department



                                       A1 139











             orders the notice of violation removed.

             7:7A-15.9 "After the fact" permit

                   (a) The Department may issue an "after the fact" permit
             for the regulated activity that has already occurred only
             when:

                   1. The Department has determined that the restoration
             or rehabilitation of the site to its previolation condition
             would increase the harm to the freshwater wetlands, State
             open waters or its ecology; or the regulated activity meets
             the standards for permit approval pursuant to the Act or the
             Federal Act;

                   2. Assessment against the violator for costs or
             damages enumerated in N.J.A.C. 7:7A-15.4 has been made and
             collected;

                   3. The creation or enhancement of freshwater wetlands
             or State open waters at another site has been required of
             the.violator;

                   4. An opportunity has been afforded for   public hearing
             and comment; and

                   5. The reasons for the issuance of the "after the
             fact" permit are published in the DEPE Bulletin and in a
             newspaper of general circulation in the geographic area of
             the violation.

                   (b) Any person violating an "after the fact" permit
             issued pursuant t *o this section shall be subject to the
             provisions of this chapter.

             7:7A-lS.10 Termination of permits

                   (a) The following are causes for terminating a permit
             during its term, or for denying a permit renewal
             application:

                   1.   Noncompliance by the permittee with the permit or
             any condition of the permit;

                   2.   The permittee's failure in the application or
             during the permit issuance process to disclose fully all
             relevant facts, or the permittee's misrepresentation of any
             relevant facts at any time; or

                   3.   The permit has unanticipated negative
             environmental impacts such as, but not limited to excessive
             erosion and subsequent siltation, destruction of vegetation
             not covered by the permit, die-off of aquatic biota, etc.,
             which become apparent during construction.



                                        A-I 14 0










                   (b) Prior to  a termination, the Department shall
             furnish written notice to the permittee by certified mail.
             The notice shall provide 10 days within which the permittee
             shall either remedy the violations, or unanticipated
             negative environmental impacts, offer a plan as to how to
             bring the permit back into compliance or correct the
             unanticipated impact, or request a hearing pursuant to (e)
             below. Within 60 days of Department approval of a plan, the
             violations or unanticipated impact shall be remedied.

                   (c) If the requirements of (b) above have not been met
             within 10 days of the Department's notice, the permit shall
             automatically terminate and the unanticipated negative
             environmental impacts or violations shall be remedied.
             Once the violations are remedied, the Department may
             reinstate the permit or require the applicant to apply for a
             new permit, following the application procedures in this
             chapter.

                   (d) Should a permit be terminated, the permittee shall
             restore the site to its pre-activity condition to the
             maximum extent practicable and feasible or otherwise
             compensate for any loss in resource value through mitigation
             pursuant to N.J.A.C. 7:7A-14. This restoration shall be
             accomplished within 90 days unless the Department authorizes
             in writing a longer period of time.

                   (e) A request for a hearing under (b) above shall
             first be filed with the Department at the following address:
                       Office of Legal Affairs
                       ATTENTION: Adjudicatory Hearing Requests
                       Department of Environmental Protection and Energy
                       401 East State Street
                       CN 402
                       Trenton, New Jersey 08625-0402

             7:7A-15.11 Public participation

                   The State shall provide for public participation in the
             State enforcement process by providing assurance that the
             State agency or enforcement authority will:

                   1. Investigate and provide responses to all citizen
             complaints submitted pursuant to State procedures;

                   2. Not oppose intervention by any citizen when
             permissive intervention may be authorized by statute, rule,
             or regulation; and

                   3. Publish notice of and provide at least 30 days for
             public comment on any proposed settlement of a State
             enforcement action in the DEPE Bulletin.





                                       A-I 14 1











              SUBCHAPTER 16. FEES


              7:7A-16.1 Payment of fees

                    (a) Except when submitted by an agency of the State,
              each request for a letter of interpretation, or freshwater
              wetlands permit application, open water fill permit
              application, letter of authorization for a Statewide
              general permit activity, transition area permit application,
              or request for a letter of exemption shall be accompanied by
              the appropriate fee as set forth at N.J.A.C. 7:7A-16.2 to
              16.6. Except when submitted by an agency of the State, no
              request, application, or notice will be considered complete,
              and therefore will not be acted on by the Department, unless
              accompanied by the appropriate fee.

                    (b) All fees shall be paid by personal check, certified
              check, attorney check, or money order. Checks and money
              orders shall be payable to "Treasurer, State of New Jersey"
              and submitted with the application.

                    (c) Each check or money order shall be marked to
              identify the nature of the submittal (for example,
              freshwater wetlands Individual permit application) for which
              the fee is paid and the name of the applicant.

              7:7A-16.2 Fees for review of requests for letters of
              interpretation


                    (a) If a request is made.for a letter of interpretation
              to determine;

                    1. Whether freshwater wetlands, State open waters or
              transition areas are present or absent on a parcel of land
              or right-of-way, pursuant to N.J.A.C. 7:7A-8.2(a)l, the fee
              shall be $100.00;

                    2. Whether freshwater wetlands, State open waters or
              transition areas are present or absent on a footprint of
              land, pursuant to N.J.A.C. 7:7A-8.2(a)2, the fee shall be
              $200.00.

                    (b) Any request for a letter of interpretation which
              requires any freshwater wetlands or State open water
              boundary delineation, or verification of a delineation,
              shall be accompanied by the following fee:

                    1. For a parcel of land or right-of-way which is
              smaller than one acre, pursuant to N.J.A.C. 7:7A-8.2(a)3,
              the fee shall be $250.00; or

                    2. For a parcel of land or right-of-way, with total
              acreage of one acre or more, pursuant to N.J.A.C. 7:7A-




                                         A-I 14 2









              8.2(a)4, the fee shall be $250.00 plus $35.00 per acre or
              any fraction thereof, with a total not to exceed $50,000.
              For example, the fee for line verification of a parcel with
              a total acreage of 7.2 acres would be $250.00 + (8 acres x
              $35.00)= $530.00.

                   (c) For a request for the reissuance of a letter of
              interpretation pursuant to N.J.A.C. 7:7A-8.7, the fee shall
              be 25 % of the original fee or $100.00, whichever is larger.

                   (d) If in order to review and process a request for a
              letter of interpretation, more than one inspection by the
              Department is necessary because of any act or omission of
              the applicant, the Department may assess an additional fee
              for each additional visit in an amount not to exceed $1,000.
              No letter of interpretation shall be issued until this fee
              has been paid.

              7:7A-16.3 Fees for review of individual freshwater wetlands,
              and open water fill permits

                    (a) The fee for the review and processing of an
              individual freshwater wetlands and open water fill permit
              application shall be $1,000 plus $100.00 per one-tenth acre,
              or any fraction thereof, of freshwater wetlands or State
              open waters affected by any regulated activities. For a
              permit requiring both an individual freshwater wetlands and
              open water fill permit the fee shall be $1,000 plus $100.00
              per one-tenth acre, or any fraction thereof, of freshwater
              wetlands and State open waters affected by any regulated
              activities.

                   (b) For projects that require both an individual
              freshwater wetlands/open water fill permit and a transition
              area permit, only one fee for the review and processing of
              the permit shall be required, the higher of the two fees.

                   (c) If, in order to review and process a freshwater
              wetlands permit application, more than one inspection by the
              Department is necessary because of any act or omission of
              the applicant, the Department may assess an additional fee
              for each additional visit in an amount not to exceed $1,000.
              No permit shall be issued until this fee has been paid.

              7:7A-16.4 Fees for review of Statewide general permit
              authorization applications

                   (a) The fee for review of a Statewide general permit
              authorization application pursuant to N.J.A.C. 7:7A-9.4(a)
              shall be $250.00.

                   (b) If a proposed project requires more than one type
              of general permit, the fee shall be $250.00 for the first
              general permit and $100.00 for each additional general



                                       A-I  143









              permit.

              7:7A-16.5 Fees for review and processing of transition area
              waiver applications

                   (a) Each request for a transition area waiver shall be
              accompanied by the appropriate fee as follows:

                   1.   If a letter of interpretation has been performed
              on the property by the Department pursuant to N.J.A.C. 7:7A-
              8 confirming or delineating the freshwater wetlands
              boundary, the transition area waiver application fee shall
              be:

                   i.   For a property or right of way of one acre or
              less: $100.00; and

                   ii. For a property or right of way over one acre:
              $250.00 plus $20.00 per acre, or any fraction thereof, of
              the standard transition area affected or disturbed by the
              proposed activity.

                   iii. For review of applications for more than one type
              of transition area waiver the fee shall be $250.00 plus
              $20.00 per acre, or any fraction thereof of the standard
              transition area affected or disturbed by the proposed
              activity, plus $100.00 for each additional special activity
              waiver.

                   2.   If no letter of interpretation for the property
              has been prepared by the Department pursuant to N.J.A.C.
              7:7A-8 confirming or delineating the freshwater wetlands
              boundary, the transition area waiver application fee shall
              be:

                   i.   For a property or right of way of one acre or
              less: $350.00;

                   ii. For a property or right of way over one acre:
              $450.00 plus $40.00 per acre, or any fraction thereof, of
              the total property; and

                   iii. For review of applications for more than one type
              of transition area waiver the fee shall be $450.00 plus
              $40.00 per acre, or any fraction thereof of the total
              property plus $100.00 for each additional special activity
              waiver.

                   3. If a letter of interpretation for the property
              which provides only a determination of the presence or
              absence of freshwater wetlands has been prepared for a
              property by the Department pursuant to N.J.A.C. 7:7A-8, the
              transition area waiver application fee shall be:





                                         A-I 14 4









                   i. For a property or right of way of one acre or less:
              $350.00; and

                   ii. For a property or right of way  over one acre:
              $450.00 plus $40.00 per acre, or any fraction thereof, of
              the total property.

                   4. For special activity waivers for activities covered
              by Statewide general permits:

                   i. For the review of a special activity waiver pursuant
              to N.J.A.C. 7:7A-7.4(e): $250.

                   ii. If a proposed project requires more than one type
              of special activity waiver, the fee shall be $250.00 for the
              first special activity waiver and $100.00 for each
              additional special activity waiver.

              1   5. If, in order to review and process a transition area
              waiver application, more than one site inspection by the
              Department is necessary because of any act or omission of
              the applicant, the Department may assess an additional fee
              for each additional visit in an amount not to exceed $1,000.
              No transition area waiver shall be issued until this
              additional fee is paid.

              7:7A-16.6 Fees for the review and processing of requests
              for exemption letters

                   (a) The fee for the review and processing of a request
              for an exemption letter certifying that a project or
              activity is exempt from freshwater wetlands or open water
              fill permit requirements, or from transition area
              requirements, shall be $100.00.

              7:7A-16.7 Fees for the review and processing of requests for
              permit modifications

                   Except for minor modifications pursuant to N.J.A.C.
              7:7A-13.9 for which no fee will be charged, the fee for the
              review and processing of a request for permit modification
              shall be 25% of the original fee.

              7:7A-16.8 Fee refunds

                   All fees submitted with an application that is declared
              administratively complete shall be non-refundable.

              SUBCHAPTER 17. CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS
              FOR ADJUDICATORY HEARINGS

              7:7A-17.1 General penalty provisions

                   (a) This subchapter shall apply only to violations of



                                       A-I  145









             the Act and this chapter which involve freshwater wetlands
             and transition areas. This subchapter shall not apply to
             regulated activities in State open waters. The penalty
             procedures and amounts for State open water fill violations
             are set by N.J.A.C. 7:14-8. This subchapter shall also
             govern the procedures for requesting an adjudicatory hearing
             on a notice of civil administrative penalty assessment or an
             administrative order.

                   (b) Each violation of any provision of the Act or any
             rule, administrative order, approved mitigation plan, waiver
             or permit issued pursuant thereto shall constitute an
             additional, separate, and distinct violation for which a
             separate penalty may be assessed.

                   (c) Each day during which such violation exists and/or
             continues shall constitute an additional, separate, and
             distinct violation for which a separate civil administrative
             penalty may be assessed. A violation shall be considered to
             continue as long as it is not rectified, remedied, repaired,
             or removed, to the satisfaction of the Department. For
             example, each day that an obstruction, structure, piling,
             fill or discharge placed or constructed in violation of the
             Act remains in place shall constitute an additional,
             separate, and distinct violation. Also for example, for
             destruction, dredging, or removal of freshwater wetlands
             components such as soil or vegetation, each day between the
             destruction or removal and the replacement, restoration, or
             remediation to the satisfaction of the Department shall
             constitute an additional, separate, and distinct violation.

                   1. For the purposes of calculating the duration of any
             violation, the first day of the violation shall be the day
             which is the earliest point in time that the Department can
             establish that the violation occurred, had occurred, or was
             occurring.

                   2. The last day of the violation shall be as follows:

                   i. The day upon which a complete application for a
             permit or waiver to pursue the activity is submitted to the
             Department;

                   ii. The day upon which a complete restoration plan is
             submitted to the Department; or

                   iii. The first day upon which a good faith effort was
             made to comply with the Department's requirements. If such
             a good faith effort is shown, the Department may, in its
             sole discretion, consider the first day of such efforts to
             be the last day of the violation.

                   3. -To demonstrate a good faith effort, the violator
             shall show that all regulated and prohibited activity has




                                       A-I 146









             been halted, shall-promptly submit any information required
             by the Department, shall promptly remedy all deficiencies in
             any application or other materials submitted to the
             Department, and shall otherwise promptly comply with all
             Department requirements.

                   4. For the purposes of penalty assessment, the number
             of days required by the Department to render a decision and
             give notice of such decision on a submitted permit
             application or restoration proposal shall be excluded from
             the per day penalty calculation.

                   (d) In addition to the civil administrative penalties
             assessed under this subchapter, restoration and/or
             mitigation may be required pursuant to N.J.A.C. 7:7A-14 and
             15.

                   (e) The Department may in its discretion settle any
             civil administrative penalty assessed under this chapter.

             7:7A-17.2 Civil administrative penalty'determination

                   (a) Except for those violations set forth in N.J.A.C.
             7:7A-17.4 through 17.6, the Department may assess a civil
             administrative penalty for violations described in this
             section using three factors: conduct of violator, acreage
             of impact, and resource value classification of impacted
             wetland. Point values are assigned to the three ranges
             within each factor, as described below in N.J.A.C. 7:7A-
             17.2(b). For each violation, the total number of points are
             determined and the total is used at (c) below to determine
             penalty amount per day.

                   (b) The following is a description of the factors to be
             used in penalty determination and the point values assigned
             to them:


                   1. The conduct factor of the violation shall be
             determined as major, moderate or minor as follows:

                   i. Major shall include an intentional, deliberate,
             purposeful, knowing or willful act or omission by the
             violator and is assigned 3 points;

                   ii. Moderate shall include any unintentional but
             foreseeable act or omission by the violator and is assigned
             2 points; and

                   iii. Minor shall include any other conduct not
             identified in (b)1i or ii above and is assigned I point.

                   2. The acreage of wetlands impacted by the violation
             factor shall be determined as:





                                     A-I   147









                    i. An impact to greater than 3 acres of wetlands is
              assigned 3 points;

                    ii. An impact to 1-3 acres of wetlands is assigned 2
              points;

                    iii. An impact to less than one acre of wetlands is
              assigned 1 point.

                    3. The resource value classification factor shall be
              determined as:

                    i. An impact to exceptional resource classification
              wetlands is assigned 3 points;

                    ii. An impact to intermediate resource classification
              wetlands is assigned 2 points;

                    iii. An impact to ordinary resource classification
              wetlands is assigned I point.

                  I (c) The total points from the above factors shall be
              used to determine the penalty assessment per day according
              to the following table:

                    Total Points         Penalty Amount Per Day

                         9                       $10,000
                         8                        9,000
                         7                        7,500
                         6                        6,000
                         5                        4,500
                         4                        3,000
                         3                        1,500.

              7:7A-17.3 Civil administrative penalty for engaging in
                           regulated activities without approval

                    (a) The Department may assess a civil administrative
              penalty in accordance with the provisions of this section
              against each violator who engages in a regulated activity in
              a freshwater wetland without a freshwater wetlands permit or
              engages in a prohibited activity in a transition area
              without a transition area waiver.

                    (b) For each violation under this section, the
              Department may assess a penalty of up to $10,000. Each day,
              from the day the regulated or prohibited activity begins to
              the day its effects are rectified, remedied, repaired, or
              removed to the satisfaction of the Department, shall
              constitute an additional, separate, and distinct violation.

              7:7A-17.4 Civil administrative penalty for submitting
              inaccurate or false information




                                        A-I   148










                   (a) The Department may assess a civil administrative
              penalty pursuant to this section against each violator who
              submits inaccurate information or who makes a false
              statement, representation, or certification in any
              application, record, or other document required to be
              submitted or maintained, under the Act or any rule,
              administrative order, permit, mitigation plan, or waiver
              issued pursuant thereto.

                   (b) Each day, from the day that the violator knew or
              had reason to know that it submitted inaccurate or false
              information to the Department until the day of receipt by
              the Department of a written correction by the violator,
              shall be an additional, separate, and distinct violation.

                   (c) The Department shall determine the amount of the
              civil administrative penalty for violations described in
              this section based on the conduct of the violator as
              follows:

                   ,I.  For each intentional, deliberate, purposeful,
              knowing, or willful act or omission by the violator, the
              civil administrative penalty shall be in an amount of not
              more than $10,000 nor less than $8,000 for violations
              described in N.J.A.C. 7:7A-15; and

                   2.   For each other violation, the penalty shall be in
              the amount of $1,000.

              7:7A-17.5 Civil administrative penalty for failure to allow
              entry and inspection

                   (a) The Department may assess a-civil administrative
              penalty pursuant to this section against each violator who
              refuses, inhibits or prohibits immediate lawful entry and
              inspection of any premises, building or place by any
              authorized Department representative.

                   (b) Each day that a violator refuses, inhibits or
              prohibits immediate lawful entry and inspection, shall be
              an additional, separate, and distinct violation.

                   (c) The Department shall determine the amount of the
              civil administrative penalty for violations described in
              this section as follows:

                   1.   For refusing, inhibiting or prohibiting immediate
              lawful entry and inspection of any premises, building or
              place for which an administrative order, freshwater wetlands
              permit, open water fill permit, transition area waiver,
              approved mitigation plan or general permit authorization
              notification exists for the property in question under the
              Act, the civil administrative penalty shall be no more than



                                      A-I   149









              $10,000 nor less than $7,000; and

                    2.   For any other refusal, inhibition or prohibition
              of immediate lawful entry and inspection, the civil
              administrative penalty shall be in an amount not more than
              $7,000 nor less than $1,500.

              7:7A-17.6 Civil administrative penalty for failure to pay a
              civil administrative penalty assessed under the Act

                    (a) The Department may assess a civil administrative
              penalty pursuant to this section against each violator who
              fails to pay a civil administrative penalty when due
              pursuant to the Act.

                    (b) .The Department shall assess a civil administrative
              penalty pursuant to this section in an amount equal to the
              unpaid civil administrative penalty up to a maximum of
              $10,000 per violation.

                    (c) Each day a civil administrative penalty is not
              paid.after it is due shall constitute an additional,
              separate and distinct violation.

              7:7A-17.7 Economic benefit factor

                    The Department may, in addition to any other civil
              administrative penalty assessed pursuant to this subchapter,
              include as a civil administrative penalty the economic
              benefit (in dollars) which the violator has realized as the
              result of not complying, or by delaying compliance with the
              requirements of the Act or any rule, permit, mitigation
              plan, waiver or administrative order issued pursuant
              thereto. If the total economic benefit was derived from
              more than one violation, the total economic benefit amount
              may be apportioned among the violations from which it was
              derived so as to increase each civil administrative penalty
              assessment to an amount no greater than $10,000 per
              violation.

              7:7A-17.8 Procedures for assessment of -civil administrative
              penalties under the Act

                    (a) To assess a civil administrative penalty under the
              Act, the Department shall notify the violator by certified
              mail (return receipt requested) or by personal service.
              This Notice of Civil Administrative Penalty Assessment
              shall:

                    1.   Identify the section of the Act, rule, mitigation
              plan, permit or administrative order violated;

                    2.   Concisely state the facts alleged to constitute
              the violation;




                                         A-I 150










                    3.   Specify the amount of the civil administrative
              penalty to be imposed; and

                    4.   Advise the violator of the right to request an
              adjudicatory hearing pursuant to the procedures in N.J.A.C.
              7:7A-17.9.

                    (b) Payment of a civil administrative penalty is due
              upon receipt by the violator of the Department's Final Order
              in a contested case, or when a Notice of Civil
              Administrative Penalty Assessment becomes a Final Order as
              follows:

                    1.   If no hearing is, requested pursuant to N.J.A.C.
              7:7A-17.9, a Notice of Civil Administrative Penalty
              Assessment becomes a Final Order on the 21st day following
              receipt of the Notice of Civil Administrative Penalty
              Assessment by the violator;

                    2.   If the Department denies the hearing request, a
              Notice of Civil Administrative Penalty Assessment becomes a
              Final order upon receipt by the violator of notice of such
              denial; or

                    3.   If the Department conducts an adjudicatory
              hearing, upon receipt by the violator of a final order of a
              contested case.


              7:7A-17.9 Procedures to request an adjudicatory hearing to
              contest an Administrative Order and/or a Notice of Civil
              Administrative Penalty Assessment; procedures for
              conducting adjudicatory hearings

                    (a) To request an adjudicatory hearing to contest an
              administrative order, and/or a notice of civil
              administrative penalty assessment issued pursuant to the
              Act, the violator shall submit the following information in
              writing to the Department, addressed to Office of Legal
              Affairs, ATTENTION: Adjudicatory Hearing Requests,
              Department of Environmental Protection and Energy, 401 East
              State Street, CN 402, Trenton, New Jersey 08625-0402;

                    1.   The name, address, and telephone number of the
              violator and its authorized representative;

                    2.   The violator's defenses to each of the finding of
              fact, stated in short and plain terms;

                    3.   An admission or denial of each of the findings of
              fact. If the violator is without knowledge or information
              sufficient to form a belief as to the truth of a finding,
              the violator shall so state and this shall have the effect
              of a denial. A denial shall fairly meet the substance of




                                        A-I  151









             the findings denied. When the violator intends in good
             faith to deny only a part or a qualification of a finding,
             the violator shall specify so much of it as is true and
             material and deny only the remainder. The violator may not
             generally deny all the findings but shall make all denials
             as specific denials of designated findings. For each
             finding the violator denies, the violator shall allege the
             fact or facts as the violator believes it or them to be;

                  4.   Information supporting the request and copies of
             other written documents relied upon to support the request;

                  5.   An estimate of the time required for the hearing
             (in days and/or hours); and

                  6.   A request, if necessary, for a barrier-free
             hearing location accessible to physically disable persons.

                  (b) If the Department does not receive the hearing
             request within 20 days after receipt by the violator of the
             Notice of Civil Administrative Penalty Assessment and/or the
             Administrative Order being challenged, the Department shall
             deny the hearing request.

                  (c) If the violator fails to include all the
             information required by (a) above, the Department may deny
             the hearing request.

                  (d) If it grants the request, the Department shall
             file the request for a hearing with the office of
             Administrative Law. The hearing shall be held before an
             administrative law judge and in accordance with the
             Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and
             the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.


























                                       A-I 152






 I


0


                0



                0





0 .








0
  1
         SECTION A 11


    FRESHWATER WETLANDS
      PERMIT APPLICATION
            IFW 11




  I L,         -      -    rj ,




                                      Now JerSOY Department of Environmental protection and Energy                                                 -FFW-1
                               Freshwater Wetlands Permit Application
                    FOR. Individual Freshwater Wetlands Permit Open Water Fill Permit and Transition Area Waiver
                                                                        (NJSA 13:9B, NJAC 7:7A)
            This lorm is to be used to apply for a Statewide General Freshwater Wetlands Permit, lndWuW Freshwater Wetlands Permit , Open Water Fill
           Permit, and Transition Area Waiver. Activites covered by Statewide General Permits are described in the Freshwater Wetlands Protection Ad Rules
           (Specifically; UJAC 7.7A-9). All activities regulated under the Freshwater Wetlands Protection Act, P.L 1987, c. 156 which are not explicitly covered by a
           Statewide General Permt require an IndWidual Pennit. Instructions are attached, w0aining which items need to be completed for Individual Permits,
           Statewide General Permits, and Transition Area Waivers. AD items must be completed for an lrxfwWual Freshwater Wetlands or Open Water Fill Permit.
           For more detailed information, and procedures Ilor obtaining permit appmval% see NJAC 7.7A.
            Information provided on this form will be used in evaluating the application for a permithiiaiver, and shall be a matter of public record. Disclosure of the
           information requested is voluntary. If necessary information is not provided, the permillfwalver apprkm6on cannot be processed nor can a permittwaiver
           be issued.
            This application should be submitted to the NJ Department of Environmental Protection and Energy, Land Use Regulation Program, CN 401, Trenton,
           NJ ON25 (Street address: Station Plaza 5, 501 East State Street, Trenton, NJ 08625-0401) . An original and two (2) copies are needed for a proposed
           activity covered by a Statewide General Permit. An original and nine (9) copies of this completed application form, along with ten (10) copies of all
           support documents specified below, must be submitted for an Individual Freshwater Wetlands Permit or Open Water Fill Permit Application. An original
           and two (2) copies are needed for a Transition Area Waiver. H additional space is needed to complete this application, use plain bond paper and attach
           it to the application form. Please reference the application form item numbers for all such addition&
                                                                                       -          Type or print all information
                                                                                       1. Name and address of applicant:



                                     ---------- ---                                       Telephone number during business hours:
           2 -1 have an authorized agent to act on my behalf                              Residence
                relative to this application. - Yes - No                                  Work
                (See instruction sheet item #2)                                            This application is for:
                Name, address and title of agent, if any.
                                                                                                  Approval of activities covered by a Statewide
                                                                                          -       General Permit Number(s)

                                                                                          - Individual Freshwater Wetlands Permit
                Telephone number during business hours:                                   - Open Water Fill Permit
                Work
                Statement of Authorization: I hereby designate                            - Transition Area Waiver
                and authorize
                to act on my behalf as my agent vvith regard to                                   See Program Summary in Appendix A for
                this permit application and to furnish, upon                                      applicable permillwalver descriptions and numbers.
                request, supplemental information in support
                of this application.                                                   4. Fee Attached:


                Signature of Applicant                        Date
                                                                                             (See Attached fee schedule)

           5.   Provide a written description of the proposed regulated/prohibited activity. See instruction Item #5 for the
                specific information requited for an Individual or Open Water Fill Permit, Statewide General Permit, or Transition
                Area Waiver.
     @
                    FO


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           P T      9
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                 ,:Mlv_



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                                                                                                                                                    FW-1 (3/92)
                                                                            A-TI 1







           6. Describe the purpose and use of the proposed regulated activity.



           7. Describe in detail the discharge of dredged or fill material, 9 such a discharge is part of the proposed project.





           8. List the names and addresses of adjoining property owners, leasees and holders of easements on properties
               within 200 feet of the property which is the site of the proposed project.




           9. List the name of adjacent waterbodies, or location on the waterbody where the activity is proposed.





           10. Location where the activity is proposed:'

                 Address:
                            Street Road, Route or other descriptive location


                           Municow                                                   State                  ZIP


                           Block (s)                       Lot (S)                                     Coxty

                 Is arry portion of the activity for which authorization Is sought now completed?  Yes        No

                 If answer is wYes," give month arid year the activity was completed and indicate the existing work on the
                 drawings.
           12. Provide a description of afternatives.





           13. Describe any potential adverse environmental impacts.







           14. Describe the welland plant community, special aquatic sites, etc. as specified in Rem #14 of instruction sheet.'





                                                             A-Il 2                                              FW-1 (3/92)






               15     Describe potential human health or welfare Impacts from the proposed regulated activity.




              16. Describe mechanisms to minimize adverse environmental impacts.





             17. For any structure, construction, discharges or other activities described in this application, indicate below all
                     approvals, certifications or denials received from any federal, interstate, state or local agencies.
                    ï¿½ In Column A, indicate application status: (pending, approved, denied, or other - explain other).

                     ï¿½ In Column B, indicate application, permit, or docket number.

                                                            A                 B                                                       A                  B

                   CAFRA                                                                       Water Quality Certificate
                   Waterfront Development                                                      Open Water FBI
                   (Tidal or Coastal) Wetlands                                                 Stream Encroachment
                   Statewide General                                                           Dam Construction or Repair
                   Freshwater Wetlands
                                                                                               Tidelands (Riparian)
                   Individual Freshwater Wetlands                                              Conveyance
                   Freshwater Wetlands                                                         Sewer System: Edension
                   Transition Area Waiver                                                      Collectors, pumpstations, etc.
                   Purchase Water                                                              Exemption from Sewer Ban
                   Diversion
                                                                                               NJ Pollution Discharge
                   Divert Water Supply                                                         Elimination System
                   for Public Use
                   Divert Surface Water  s                                                     Solid Waste Permits (Specify)
                   for Private Use                                                             Ak Quality Permits (Specity)

                   Divert Subsurface or                                                        D&R Canal Certificate
                   Percolating Water for
                   Private Use                                                                 Pinelands Certificate

                   Woo Driffing                                                                Other State (Specify)
                   Permanent Water Lowering                                                    Local Permits (Specify)
                   Temporary Water Lowering                                                    Federal Permits (Specify)

                   Construct, Modify or Operate
                   Public Potable Water Works

                   Connection between approved
                   and Non-approved water supply






                                                                                                                                                      FW-1 (3/92)

                                                                                   A-H 3







            18. Provide a list of plants, fish, etc. as described In Item #18 of the Instruction sheet.




            19. For an Individual Freshwater Wetlands or Open Water Fill Permit, attach an original and nine (9) copies of the
                  following: Site plan, a subdivision map if available, and vicinity map. (See instruction sheet Rem #19.)

                  For a Statewide General Permit, attach an original and two (2) copies of site plan and vicinity map. (See General
                  Permit instruction sheet hem #19.)

                  For a Transition Area Waiver, attach an original and two (2) copies of all the Information specified at instruction
                  sheet Item #5.

            2 0. Attach verification that notices have been forwarded by registered mail to all parties specified in Item   #20 of the
                  instruction sheet.

            2 1 . Attach a newspaper notice, or notices, I required. (See instruction sheet Item #21.)

            2 2. Attach photographs of the site of the proposed activity as described in Item #22 of the instruction sheet.

            2 3. Have you attached a separate rnitigation proposal as described in Item #23 of the instruction sheet?
                  - Yes - No

            2 4 - Signatures - I certify under penalty of law that I have personally examined and am familiar with the information
                  submitted in this document and all attachments and that, based on my inquiry of those individuals immediately
                  responsible for obtaining the information, I believe that the information is true, accurate and complete. I am
                  aware that there are penalties for submitting false information including the possibility of fines and imprisonment.
                  I hereby authorize the staff of the NJDEPE to conduct such on-sfte inspections of the parcel(s) which are the
                  subject of the application as are necessary to review this application and to ensure compliance with the
                  requirements of the New Jersey Freshwater Wetlands Protection Act (N.J.S.A. 13*913- et seq.) and implement_
                  Ing rules.(N.J.A.C. 7:7A-1 et. seq.).


                  Signature o(Applicant               Dade                     SovIure of Agent                    tk#e
            2 5. Property Ownees Certif ication - (Complete K applicant is different than property owner).

                  I hereby certify that I am the owner of the property upon which the proposed work is to be done, and I grant
                  permission to conduct the proposed activity. A portion of the proposed activity will - will not _ take
                  place within an easement, and no _ some _ part of the proposed activity will take place on property
                  owned by the State of New Jersey.


                                                                               Signature of Owner(s)


                  Type or Print Name and Address of Owner, I                  Date
                  different from applicant
            Attachments: I have attached supplemental information for the hems checked below:

                Rem #1.                Item #6.               Rem #11.                 Item #16.               Item #21.
                Item #2.               Item V.                Item #12.                ftem#17..               Rem #22.
                Item #3.               Item #8.               ftem#13.                 ftem#18.                Rem #23.
                Rem #4.                Item #9.               Rem #14.                 ftem#19.                Item #24.
                Item #5.               Rem #10.               Rem #1 S.                Item #20.               Item #25.
                                                                A-a 4                                                    FW-1 (3/92)












                               APPLICATION INSTRUCTIONS

                  These are instructions for completing an Individual
             Freshwater Wetlands Permit, Open Water Fill Permit,
             Statewide General Permit, and Transition Area Waiver. For
             more detailed information regarding Freshwater Wetlands
             Permits see Appendix 'A' (attached) or the Freshwater
             Wetlands Protection Act Rules N.J.A.C. 7:7A.


                                   INSTRUCTIONS FOR

                  Individual/Open Water Fill Permit Applications

             Application Number and Fee:
             Do not mark in this block. This will be completed by
             NJDEPE.


             Item #1 - Name and permanent legal ad dress of the applicant
             (The site of the proposed activity goes in item #10).

             Item #2 - (Optional). All  applications to the Department
             shall be signed by.the applicant or by a duly authorized
             representative, or agent, of that person in Item #24. The
             NJDEPE does not require an applicant to have an agent. A
             person is a duly authorized representative only if the
             requirements of N.J.A.C. 7:7A-11.3 are met. Sign this item
             only if you have an agent.

             Item #3 - Indicate the permit(s) for which you are applying.
             See attached Program Summary in Appendix A and N.J.A.C. 7:7A
             if a moi@e detailed explanation is necessary. If the
             proposed activity includes the discharge of dredged or fill
             materials in wetlands or water of the United States, then a
             Section 401 Water Quality Certificate is required.

             Item *4 - Enter the amount of the fee submitted based upon
             the attached fee schedule. Do not submit cash. Your
             personal check, certified or cashier's check, attorney check
             or'money order must be made payable to "Treasurer - State-of
             New Jersey" and marked to identify the nature of the
             submittal and the name of the applicant. The permit review
             fee is based on N.J.A.C. 7:7A-16.

             Item #5 - Provide a written description of the proposed
             regulated activity, the total area to be used, filled or
             modified, the total area of the freshwater wetland or State
             open waters potentially affected.   In addition, project
             elements affecting transition areas should be detailed.








                                     A--U 5










             Item #6 - Describe the purpose and intended use of the
             proposed activity, including whether it is water dependent
             as defined in N.J.A.C. 7:7A-1.4, a description of the use of
             any structures to be erected, and a schedule for the
             progress and completion of the proposed activity.

             Item #7 - Describe the source and location of any dredged or
             fill material. For fill material, describe the source of
             any material and the type, composition and quantity of the
             material. For dredge projects, describe the method of
             dredging used, if any; a description of the type,
             composition and quantity of the material; and the proposed
             method of transportation and disposal of the material,
             including the type of equipment@to be used. NOTE: The site
             plan (Item W19) shall include a cross-sectional view showing
             the following:

                       a.   Existing water elevations of the wetland or
             water area;

                       b.   Existing water depths at waterward face  *of
             proposed work, or if dredging is proposed, show dredging
             grade;

                       C.   Cross-section of fill;

                       d.   Elevation of spoil areas;

                       e.   Location of wetlands; and

                       f.   Delineation of disposal site.

             Item #8 - Self explanatory. If adjacent properties or
             property owners are not readily apparent',.municipal tax
             records should be Consulted.

             Item W9 - Identify the waterbody or watershed, such as the
             name of adjacent streams, lakes, reservoirs, creeks, rivers,
             etc., in or near where the project is located. Quantify-the
             relationship of the area affected by the proposed work to
             the area of,the entire freshwater wetland or State open
             waters complex, for example, one-half acre to be filled of a
             15 acre freshwater wetland.

             Item W10- Specify the location of the activity (work site)
             including county, municipality, lo.t(s), block(s),etc.

             Item #11- Self explanatory.








                                      A-]J 6










             Item #12- Provide a description of alternatives to the
             proposed activity or discharge, including alternative sites,
             construction methods, methods of discharge, and reasons for
             rejecting the alternatives pursuant to 7:7A-3, General
             Standards for Granting Individual Freshwater Wetlands and
             Open Water Fill Permits;

             Item #13- Attach a statement detailing any potential adverse
             environmental effects of the regulated activity and any
             measures necessary to prevent and/or minimize those effects,
             and any information necessary for the Department to make the
            .findings pursuant to N.J.A.C. 7:7A-3. Applicants should
             review N.J.A.C. 7:7A-3 in great detail and provide all the
             listed information to avoid unnecessary delays in permit
             processing.

             Item #14- Describe all freshwater wetlands vegetative
             communities, special aquatic sites (as defined at N.J.A.C.
             7:7A-1.4), public use areas, wildlife refuges, and public
             water supply intakes in the areas affected by or adjacent to
             the proposal that may require special protection or
             preservation.

             Item #15- Describe any uses or aspects of the proposed
             activity or discharge whic h might affect human health and
             welfare.

             Item #16- Describe technologies or management practices by
             which the applicant proposes to minimize adverse
             environmental effects of the activity or discharge.
             Guidance regarding minimizing adverse effects can be found
             in federal regulations (commonly known as the 404(b)l
             guidelines) at 40 CFR 230 Subpart H.

             Item #17- Several approvals,may be required for certain
             activities. For example, ipstallation of municipal water
             wells in a wetlands may require a Well Drilling Permit,
             Water Allocation Permit, as well as a Freshwater Wetlands
             Permit. In Item #17 indicate all necessary governmental*
             approvals, permits pending, approved, denied, or other
             explain othpr.

             Item #18- Attach a list of plants, fish, shellfish and
             wildlife in the proposed activity or discharge site. which
             may be dependent on water quality and quantity.

             Item #19-

                  A.   Attach a copy or photocopy of a portion of the
             U.S.G.S. 7.5 minute quadrangle map (available from the
             Department's Maps and Publications Office, CN 417, Trenton,
             NJ, 08625) showing the location of the property and its
             general vicinity, indicating and labeling the location of



                                     A-U 7









              the proposed activity and the property boundaries, and a
              determination of the State Plane Coordinates for the center
              of the property. The accuracy of these coordinates should
              be within 50 feet of the actual point. For linear projects,
              the applicant shall provide State plane coordinates for the
              end-points of those projects which are 1999 feet or less,
              and for those projects which are @000 feet and longer,
              additional coordinates at each 1000 foot interval;

                   B. Attach 10 copies, including one of reproducible
              quality, (a mylar copy is not required) of a site plan on 8k
              inch by 11 inch paper if appropriate (if larger than 8-2 inch
              by 11 inch, all copies shall be folded).indicating the
              following:

                   1.   All existing structures and related appurtenances
              on the lot and immediately adjacent lots;

                   2.   Distances and dimensions of areas, structures and
              lots, including freshwater wetlands, State open waters,
              transition areas, limits of inundation for the 100 year
              flood for non-delineated streams or flood hazard area flood
              for delineated streams (if applicable), mean high water line
              (if appropriate), upland property, roads and utility lines;

                   3.   A complete delineation of the wetlands
              boundary(ies) in accordance with the requirements of
              N.J.A.C. 7:7A-8.3(a) and 3(b). A letter of interpretation
              issued by the Department may be submitted to satisfy this
              requirement;

                   4.' The proposed area which will be used for    the.
              activity or discharge;

                   5.   The general site location in relation to
              development in the region;

                   6.   The scale of the  plan and a north arrow;

                   7.   A title block for each sheet containing the
              following information:

                   a. The name of the applicant and the name or the
              proposed project (if any):

                   b. Identification of the proposed activity;

                   c. County and municipality;

                   d. Lot and block;


                   e. Number of the sheet and the total number of sheets
              in.set; and



                                    A-11 8









                  f. Preparer, and date of the drawing and all
             revisions.


             Item #20-

                  A. Attach ver ification that a complete copy of the
             application for an Individual permit, including all
             materials required by this subsection, has been submitted to
             the clerk of the municipality in which the proposed
             regulated activity will occur.

                  B. Attach verification that a certified mail notice
             with return receipt requested (white receipt or green card
             is acceptable) and a copy of the vicinity map in Item 19A
             above have been forwarded to the environmental commission or
             .any other public body with timilar responsibilities, and
             planning board of the municipality in which the proposed
             regulated activity will occur; the planning board,
             environmental commission and county mosquito control agency
             of the county in which the proposed regulated activity will
             occur; landowners within 200 feet of the property or
             properties on which the proposed regulated activity will
             occur (applicant shall also provide a list of all landowners
             within 200 feet) , and all persons as identified by the
             Department who requested to be notified of proposed
             regulated activities (the Department will furnish a list of.
             such person's upon request), which notice may.at the
             applicant's option, be filed concurrently with notices
             required pursuant to N.J.S.A. 40:55D-1 et seq. A copy of
             the notice shall be included in the application to the
             Department. The notice shall include the following:

                  1.   The name and address of the applicant and, if
             different, the address or location of the activity or
             activities regulated by the permit;

                  2.   The name, address, and telephone number of the
             applicant or agent to contact for further information;

                  3.   A brief description of the proposed activity, its
            .purpose and intended use, so as to provide sufficient
             information concerning the nature of the activity to
             generate meaningful comments, including a description of the
             type of structures, if any, to be erected on fills., and a
             description of the type, composition and quantity of
             materials to be discharged;

                  4.   A plan and elevation drawing showing the general
             and specific site location;

                  5.   Any other information which is necessary to
             evaluate the likely impact of the proposed activity;

                  6. The following statement:


                                      A-II 9










                  "This letter is to provide you with legal notification
             that the referenced property owner is applying to the New
             Jersey Department of Environmental Protection and Energy,
             Land Use Regulation Element for an Individual Freshwater
             Wetlands permit.

             An Individual permit will allow the property owner to
             conduct activities in freshwater wetlands or State open
             waters.


             The complete Individual permit application package can be
             reviewed at either the municipal clerk's office or by
             appointment at the Land Use Regulation Element office at the
             address listed below. The Department of Environmental
             Protection and Energy welcomes comments and any information
             that you may provide concerning the wetlands or open waters
             on the referenced parcel. Please submit your written
             comments within 15 days of receiving this letter. In
             addition, interested persons may request in writing that the
             Department hold a public hearing on this application.
             Requests shall be made in writing within 30 days after the
             notice of application in the DEPE Bulletin and shall state
             the nature of the issues proposed to be raised at the
             hearing. Both comments and hearing requests should be sent
             along with a copy of this letter to:
                  New Jersey Department of Environmental Protection and
                  Energy
                  Land Use Regulation Element
                  Bureau of Regulation
                  CN 401
                  5 Station Plaza
                  Trenton, New Jersey 08625
             att: (County in which the property is located) Section Chief

             As part of the review of this application, Department
             personnel may perform a site inspection on your property.
             This site inspection will involve only that area within a
             maximum of 150 feet from the border of the applicant's
             property. This site visit will involve a visual inspection
             and possibly minor soil borings using a 411 diameter hand
             auger. The inspection will not result in any damage to the
             vegetation or improvements on your property.

             The Department will notify your municipal environmental
             commission, planning board and the municipal construction
             official of the Department's approval or denial of the
             Individual permit application."








                                    A-III 10










             Item #21- Attach verification that notice of the proposed
             activity has been published as a display advertisement in an
             official newspaper use 'd by the municipality, in which the
             activity is proposed, for legal notice. For projects
             proposing more than 10 acres of fill, notification shall
             also be published in a newspaper of regional circulation;

             Item #22- Attach color photographs of sufficient quality and
             quantity to show the project site including:

                  a.    Location of known freshwater wetlands and State
             open waters; and

                  b.    Proposed location of the regulated activity.

             Item #23- Please indicate whether or not you are submitting
             a mitigation proposal with this application. A mitigation
             proposal, meeting the requirements of N.J.A.C. 7:7A-14.4,
             may be submitted with the permit application or may be
             submitted at a later time. The Department requires an
             approved mitigation plan as a condition precedent to
             engaging in a regulated activity. Section 13b of the
             Freshwater Wetlands Protection Act requires the Department
             to review the merits of a mitigation proposal independently
             ?f the review the merits of a mitigation proposal
             independently of the review process for a Freshwater
             Wetlands or Open Water Fill Permit.

             Item #24- Signature. All permits applications and reports
             shall be signed as follows:

                  a. For a corporation, by a principal executive officer
             of at least the level of vice-president;

                  b. For a partnership or sole proprietorship, by a
             general partner or the proprietor, respectively;

                  C. For a municipality, state, federal, or other public
             agency, by either a principal executive officer or ranking
             elected official;

                  d. By individual property owners of record; or

                  e. By a duly authorized representative or agent as.
             specified in item #2 of this instruction sheet.

             Item #25- Self explanatory.

             Attachments: Please check the items for which you have
                            submitted additional attachments, if any..





                                       A-III 11










               Note: The Department shall provide permit applicants with
               guidance, either through the application form or on an
               individual basis, regarding the level of detail of
               information and documentation required. The level of detail
               shall be reasonably commensurate with the type and    size of
               the proposed project, proximity to critical areas,     and
               degree of environmental degradation. The NJDEPE Land Use
               Regulation Program can be reached at (609) 292-1235.

                    If you have any questions, first please read the
               appropriate section(s) of the Freshwater Wetlands Protection
               Act Rules (N.J.A.C. 7:7A-1 et. seg.) See in particular
               N.J.A.C. 7:7A-11.

                    Applicants are encouraged to consider requesting a pre-
               application conference to resolve any questions. See
               N.J.A.C. 7:7A-10 for information on requesting a pre-
               application conference.



                                      INSTRUCTIONS FOR


                           STATEWIDE GENERAL PERMIT APPLICATION

               NOTE:  No activity is authorized under a Statewide General
               Permit unless first approved in writing by NJDEPE. To
               obtain an authorization letter, complete form FW-1 according
               to the instructions below, and submit it, with attachments
               specified below, to NJDEPE at least 30 days prior to
               commencement of the proposed work. See N.J.A.C. 7:7A-9 for
               more information on obtaining approvals under Statewide
               General Permits. Attach additional sheets if necessary.
               Other items in the FW-1 form do not need to be completed for-
               approval of a Statewide General Permit.

               Item #1 - Enter the name of applicant, permanent legal
               address, and telephone number during business hours.

               Item #2- (Optional). NJDEPE does not require an applicant
               to have an agent. If you have an agent, complete Item #2
               according to Individual Permit Instruction sheet Item #2.
               Sign this item only if you have an agent.

               Item #3- Indicate the identification number of the
               Statewide General Permit or permits for which you are
               applying as listed in the attached Program Summary in
               Appendix A. See N.J.A.C. 7:7E-9.4 for guidance regarding
               the use of multiple Statewide General Permits on a specific
               site.






                                          A--U 12










            Item #4- Enter the amount of fee submitted based upon the
            attached fee schedule. Do not submit cash. Your personal
            check, certified or cashier's check, attorney check, or
            money order must be made payable to "Treasurer - State of
            New Jersey" and marked to identify the nature of the
            submittal and name of applicant. PLEASE NOTE THAT
            APPLICATIONS FOR STATEWIDE GENERAL PERMIT #25 DOES NOT
            REQUIRE A FEE. (Repair or alteration of malfunctioning
            individual subsurface sewage disposal systems) SEE ATTACHED
            FEE SCHEDULE FOR APPROPRIATE FEE.

            Item #5- Enter a written description of the proposed
            activity. Also, please submit any information necessary to
            determine whether the conditions of the general permit for
            which you are applying will be satisfied, including but not
            limited to the following information (APPLICANTS FOR
            STATEWIDE GENERAL PERMIT #25 (Repair or alteration of
            malfunctioning individual subsurface sewage disposal
            systems) NEED ONLY SUBMIT THE ITEMS LISTED AT LETTER d. of
            the following):

                 a. Complete wetlands delineation including field
            delineation, folded plans at an appropriate scale, and
            wetlands field data sheets including soils and vegetation
            information (no formal report is required), for the area to
            be disturbed under the Statewide general permit application;

                 b. A copy of the appropriate portion of the U.S.
            Geologic Survey Quadrangle (USGS) Map for the project site
            and a determination of the State Plane Coordinates for the
            center of the project. The accuracy of these coordinates
            should be within.50 feet of the actual point. For linear
            projects, the applicant shall provide State plane
            coordinates for the end-points of those projects which are
            1999 feet or less, and for those projects which are 2000
            feet and longer, additional coordinates at each 1000 foot
            interval;

                 c. For projects that are located in municipalities
            listed below at N.J.A.C. 7:7A-9.5(a)2iii(l) and all
            amendments thereto, pursuant to 9.5(a)2iii(2) below, the
            applicant shall submit a signed statement certifying that
            the proposed activities will not result in any direct or
            indirect adverse impacts to Swamp pink (Helonias bullata) or
            its documented habitat; and

                 1. Municipalities which have documented record of
            Helonias bullata:

            Atlantic County                Gloucester County
                 Egg Harbor Township            Franklin Township
                                                Glassboro Borough
                  Town of Hammonton             Mantua Township


                                      A-II 13









                    Mullica Township              Monroe Township
              Burlington County                   Newfield Borough
                   Evesham Township               Washington Township
                   Maple Shade Township           Wenonah Borough
                   Pemberton Township             West Deptford'Township
                   Southampton Township           Woodbury Heights Borough
                   Woodland Township              Woolwich Township
                   Medford Township
              Camden County
                   Berlin Township           Mercer County
                   Berlin Borough                 West Windsor Township
                   Clementon Borough
                   Gibbsboro Borough         *Middlesex County
                   Gloucester Township            East Brunswick Township
                   Haddonfield Borough            Edison Township
                   hindenwold Borough             New Brunswick City
                   Pine Hill Borough              Sayreville Borough
                   Pine Valley Borough
                   Runnemede Borough
                   Voorhees Township         Monmouth County
                   Waterford Township             Brielle Borough
                   Winslow Township               Colts Neck Township
              Cape May County                     Freehold Township
                   Cape May Point Borough         Howell Township
                   Dennis Township                Wall Township
                   Lower Township            Morris county
                   Middle Township                Mount Olive Township
                   Upper Township                 Randolph Township
              Cumberland County                   Roxbury Township
                   Bridgeton City
                   Downe Township            Ocean County
                   Fairfield Township             Barnegat Township
                   Hopewell Township              Brick Township
                                                  Dover Township
                   Lawrence Township              Jackson Township
                   Millville City                 Lacey Township
                   stow creek Township            Lakewood Township
                                                  Little Egg Harbor Twp-
                   Upper Deerfield Township       Manchester Township
                   Vineland City                  Plumsted Township
                                                  Stafford Township
              Gloucester County
                   Clayton Borough           Salem County
                   Deptford Township              Alloway Township
                   East Greenwich Township        Lower Alloways Creek Twp.
                   Elk Township                   Pittsgrove Township
                                                  Quinton Township
                                                  Upper Pittsgrove Township

                   2. The Department will publish notice in the New
              Jersey Register of any amendments to this list based upon
              updated information and make such information available at
              its offices and through the Office of Administrative Law.



                                       A-II 14








                  d. A person proposing to engage in activities pursuant
             to N.J.A.C. 7:7A-9.2(a)25, repair or alteration of
             malfunctioning individual subsurface sewage disposal
             systems, shall submit a description and plan of the
             activities and their location including municipality,
             county, block, and lot; and an approval from the Board of
             Health or its designated agent for the proposed activities.

             Skip Items #6 and #7

             Item #8- Self explanatory. If adjacent properties or
             property owners are not readily apparent, municipal tax
             records should be consulted.

                  a. If the proposed project involves a linear facility
             such as a pipeline or road of more than 0.5 miles, instead
             of notifying all landowners within 200 feet of the
             property(ies) lines, the applicant shall give public notice
             by publication of a display advertisement. The
             advertisement shall be a minimum of four column inches and
             be published in at least one newspaper of local circulation
             and one of regional circulation in the municipality. In
             addition, notice shall be given to owners of all real
             property within 200 feet of any above surface structure
             related to the linear facility, such as a pumping station or
             treatment plant, power substations, grade separated
             interchanges or similar structures. This does not include
             utility support structures or conveyance lines.

             Skip Item #9

             Item #16- Specify the location of the activity (work site)
             including county, municipality, lot(s), block(s), etc.

             Item #11- Self explanatory.

             Skip Items #12 to 16.

             Item #17- Specify all necessary governmental approvals,
             permits pending, approved or denied which are necessary.
             See Item #17 of the Individual Permit instruction sheet for
             further explanation.

             Skip Item #18

             Item #19- Submit an original and two (2) copies of the site
             plan and vicinity map listed above at Item #5a and #5b.

             Item #20-

                  a. Attach verification that a certified mail notice
             with return receipt requested and a complete copy of the
             application has been forwarded to the clerk of the
             municipality.



                                      A-II 15











                  b. Attach verification that.a certified mail notice
             with return receipt requested (white receipts or green cards
             are acceptable) has been forwarded to the environmental
             commission, or any public body with similar
             responsibilities, municipal planning board, county planning
             board, municipal construction official, and landowners
             within 200 feet of the legal boundary lines of the
             property(ies) on which the proposed activity will occur.
             Applicant-must also provide a list of landowners within 200
             feet. The notice shall contain:

                  1.   A description of the proposed activity;

                  2.   A description of the location of the activity
             including*county, municipality, lot(s), block(s), and a plan
             of the site detailing existing structures, wetlands
             boundaries and proposed structures or activities, or both;
             and

                  3. The following statement:

             "This letter is to provide you with legal notification that
             the referenced property owner is applying to the New Jersey
             Department of Environmental Protection and Energy, Land Use
             Regulation Element for a Statewide general permit.

             A Statewide general permit will allow the property owner  to
             conduct certain limited activities in freshwater wetlands or
             State open waters.

             The complete Statewide general permit application package
             can be reviewed at either the municipal clerk's office or by
             appointment at the Land Use Regulation Element office at the-
             address listed below. The.Department of'Environmental
             Protection and Energy welcomes comments and any information
             that you may provide concerning the wetlands or open waters
             on the referenced parcel. Written comments should be
             submitted to the Department within 15 days of receiving
             notice. Comments will be accepted until the Department
             makes a decision on the application. Please submit your
             written comments along with a copy of this letter to:

                  New Jersey Department of Environmental Protection and
                  Energy
                  Land Use Regulation Element
                  Bureau of Regulation
                  CN 401
                  5 Station Plaza
                  Trenton, New Jersey 08625
             att: (County in which the property is located) Section Chief





                                   A-II 16










             As part of the review of this application, Department
             personnel may perform a site inspection on your property.
             This site inspection will involve only that area within a
             maximum of 150 feet from the border of the applicant's
             property. This site visit will involve a visual inspection
             and possibly minor soil borings using a 411 diameter hand
             auger. The inspection will not result in any damage to the
             vegetation or improvements on your property.

             The Department will notify your municipal environmental
             commission, planning board and the municipal construction
             official, as well as the county planning board of the
             Department's approval or denial of the Statewide general
             permit application."

             Skip Item #21.

             Item #22- Attach photographs of the portion of the property
             for which authorization is being requested.

             Skip Item #23.

             Item #24- Sign and date the application in accordance with
             the Individual Permit instructions for #24.

             Item #25- This item must be completed if the applicant (Item
             #1) is different than the owner(s).

             NOTE:

                  It is not necessary for you to complete any other'items
             on the FW-1 form unless you need to cross-reference to other
             permit applications currently pending with NJDEPE, or to
             other applications to be submitted to NJDEPE relating to the
             proposed work. Item #17 provides the place to do this if
            ,necessary.

                  If you have any questions, first please read the
             appropriate section(s) of the Freshwater Wetlands Protection
             Act rules (N.J.A.C. 7:7A). See in particular N.J.A.C. 7:7A-
             9.

                  If you still have questions feel free to contact the
             NJDEPE Land Use Regulation Program at (609)292-1235.

                  Applicants are encouraged to consider requesting a pre-
             application conference to resolve any questions. See
             N.J.A.C. 7:7A-10 for information on requesting a pre-
             application conference.







                                       A-II 17














                                    INSTRUCTIONS FOR


                           TRANSITION AREA WAIVER APPLICATION

              Application Number and Fee:
              Do not mark in this block. This will be completed by
              NJDEPE.

              Item #1 - Name and permanent legal address of the applicant
              (The site of the proposed activity goes in item #10).

              Item #2 - (Optional). All applications to the Department
              shall be signed by the applicant or by a duly authorized
              representative, or agent, of that person in Item #24. The
              NJDEPE does not require an applicant to have an agent. A
              person is a duly authorized representative only if the
              requirements of N.J.A.C. 7:7A-11.3 are met. Sign this item
              only if you have an agent.

              Item #3 - Indicate the transition area waiver(s) for which
              you are applying. See attached Program Summary in Appendix
              A and N.J.A.C. 7:7A if a more detailed explanation is
              necessary.

              Item #4 - Enter the amount of the fee submitted based upon
              the attached fee schedule. Do not submit cash. Your
              personal check, certified or cashier's check, attorney check
              or money order must be made payable to "Treasurer - State of
              New Jersey" and marked to identify the nature of the
              submittal and the name of the applicant. PLEASE NOTE THAT
              APPLICATIONS FOR SPECIAL ACTIVITY WAIVERS BASED ON STATEWIDE
              GENERAL PERMIT #25 DO NOT REQUIRE A FEE (Repair or
              alteration of malfunctioning individual subsurface sewage
              disposal systems). The permit review fee is based   on
              N.J.A.C. 7:7A-16.


              Item #5 - The following items must be submitted for the
              following types of transition area waivers:

                  a. Transition area waiver, reductions.

                  1. Standard reduction pursuant to N.J.A.C. 7:7A-7.2 and
              7.3.

                  i. A description of the dominant vegetational community
              in the standard transition area, as determined pursuant to
              N.J.A.C. 7:7A-7.2(e)l.

                  ii.The slope of the standard transition area, pursuant
              to N.J.A.C. 7.:7A-7.2(e)2.



                                       A-II 18










                  iii. The development intensity of the proposed project,
             as determined pursuant to N.J.A.C. 7:7A-7.2(e)3.

                  2. "Farming" reduction pursuant to N.J.A.C. 7:7A-
             7.2(d). In addition to the above three items the following
             items are required for this waiver.

                  i. A detailed description of the size and type of the
             transition area planting project.

                  ii. A site plan showing the location of the proposed
             work and a cross sectional and plan view of the proposed
             work.

                  iii. A description of the types of native trees and
             shrubs to be planted and at what spacing, as well as the
             type of seeding, fertilization and other stabilization
             activities to be used.

                  iv. A monitoring and maintenance plan of the
             transition area,to ensure no less than 85 percent survival
             of the plants for three years.

                  v. A schedule from initiation to completion    of the
             planting project including the dates of planting and
             fertilization, dates of monitoring measurements, and    other
             activities as they apply.

                  vi. Existing soil type(s) and soil conditions    in the
             standard transition area.


                  vii. Proof that the standard transition area has been
             part of an "established ongoing farming, ranching, or
             silviculture operation" within the two years prior to
             submittal of the application.

                  3. Reduction based on a claim of hardship pursuant to
             N.J.A.C. 7:7A77.2(f) or 7.3(e).

                  a. The applicant shall provide documentation which
             demonstrates that the subject property is not susceptible to
             a reasonable use as is presently developed or as authorized
             by the provisions of the Act and the regulations and that
             this limitation results from unique and extreme
             circumstances peculiar to the subject property which:

                  i.   Do not apply to or affect other property in the
             local region; and

                  ii. Relate to or arise out of the subject property,
             rather than the personal situation of the applicant, and are
             not the result of any action or inaction by the applicant or
             the owner or the owner's predecessors in title.


                                       A-H 19









                   b.    For single family residential lots which are
              unbuildable due to the presence of transition areas, the
              applicant must provide documentation which demonstrates
              that:

                   i. The lot was subdivided prior to July 1, 1988 and
              was owned by the applicant since that time;

                   ii. The applicant has not received a waiver for a
              reduction of a transition area based on this hardship
              criteria for the past five years;

                   iii. Adjacent. properties cannot be purchased for fair
              market value to create a buildable lot;

                   iv. The subject property was offered for sale at fair
              market value to adjacent landowners and that the offer was
              refused;

                   V. The subject parcel is not contiguous with an
              adjacent improved parcel which was owned by the applicant on
              July 1, 1988; and

                   vi. The subject property was offered for sale at fair
              market value to interested public or private conservation
              organizations and that the offer was refused. The
              Department will provide applicants with a listing of
              conservation organizations upon request.

                   b. Transition area waiver, special activities.

                   1. Special activity, stormwater management facilities
              pursuant to N.J.A.C. 7:7A-7.4(b).

                   i. A written alternatives analysis considering all
              feasible onsite alternatives including a written.description
              and site plan drawing depicting these alternatives and the
              reason for rejecting alternatives.

                   2. Special activity, linear development pursuant to
              N.J.A.C. 7:7A-7.4(c).

                   i. A written alternatives analysis considering all
              feasible alternatives including a written description and
              site plan drawing depicting these alternatives and the
              reason for rejecting alternatives.

                   3. Special activity, activities permitted under certain
              Statewide general permits pursuant to N.J.A.C. 7:7A-7.4(e).

                   i. Provide a written description of the proposed
              activity. Also, please s.ubmit any information necessary to
              determine whether the conditions of the general permit, upon


                                       A-II 20








             which the Special activity waiver is based, for which you
             are applying will be satisfied, (see conditions for each
             general permit in the Freshwater Wetlands Protection Act
             Rules at N.J.A.C. 7:7A-9) including but not limited to the
             following information (APPLICANTS FOR SPECIAL ACTIVITY
             WAIVERS BASED ON STATEWIDE GENERAL"PERMIT #25 (Repair or
             alteration of malfunctioning individual subsurface sewage
             disposal systems) NEED ONLY SUBMIT THE ITEMS LISTED AT
             LETTER c. OF THIS ITEM):

                  a. Complete wetlands delineation including field
             delineation, folded plans at an appropriate scale, and
             wetlands field data sheets including soils and vegetation
             information (no formal report is required), for the area to
             be disturbed under the Special Activity Waiver application;

                  b. A copy of the appropriate portion of the U.S.
             Geologic Survey Quadrangle (USGS) Map for the project site
             and a determination of the State Plane Coordinates for the
             center of the project. The accuracy of these coordinates
             should be within 50 feet of the actual point. For linear
             projects, the applicant shall provide State plane
             coordinates for the end-points of those projects which are
             1999 feet or less, and for those projects which are 2000
             feet and longer, additional coordinates at each 1000 foot
             interval;

                  c. A person applying for a Special activity waiver
             based on General Permit #25, repair or alteration of
             malfunctioning individual subsurface sewage disposal
             systems, shall submit a description and plan of the
             activities and their location including municipality,
             county, block,.and lot; and an approval from the Board of
             Health or its designated agent for the proposed activities.

                  4. Special activity, reduction or partial elimination
             for redevelopment activities pursuant to N.J.A.C. 7:71A-
             7.4(f).

                  i. Provide plans showing the location and extent of
             existing impermeable surfaces in relation to the transition
             area.


                  ii. Provide plans showing the location and extent of
             proposed development and attendant features including but
             not limited to septic systems discharging onsite, and
             stormwater outfalls and the proposed mechanism-to treat
             stormwater runoff prior to leaving the site.

                  c. Transition area waiver, averaging plans pursuant to
             N.J.A.C. 7:7A-7.5.


                  i. The total square footage of the standard transition
             area.



                                      A-n 21










                  ii. The total square footage of the transition area to
             be disturbed by the proposed project.

                  iii. The total square footage proposed for both the
             transition area reduction and expansion pursuant to the
             transition area averaging plan.

                  iv. A site plan clearly showing:

                       (1). the standard transition area;

                       (2). the proposed area of reduction; and

                       (3). the proposed area of compensation.

             Skip Items #6 and #7

             Item #8 - Self explanatory. If adjacent properties or
             property owners are not readily apparent, municipal tax
             records should be consulted.

             Skip Item #9

             Item #10- Specify the location of the activity (work site)
             including county, municipality, lot(s), block(s), etc.

             Item #11- Self explanatory.

             Skip Items 412 to 16.

             Item #17- Specify all necessary governmental approvals,
             including permits pending, approved or denied which are
             necessary. See Item #17 of the Individual Permit
             instruction sheet for further explanation.

             Skip Item #18

             Item #19- Submit an original and two (2) copies of the site
             plan and a copy or photocopy of a portion of the U.S.
             Geologic Survey (U.S.G.S.) 7.5 minute quadrangle map
             (available from the Department's Maps and Publications
             Office, CN 417, Trenton, N.J., 08625) with the property
             clearly outlined, and a determination of the State Plane
             Coordinates for the center of the property.-The accuracy of
             these coordinates should be within 50 feet of the actual
             point. For linear projects, the applicant shall provide
             State plane coordinates for the end-points of those projects
             which are 1999 feet or less, and for those projects which
             are 2000 feet and longer, additional coordinates at each
             1000 foot interval;




                                    A-Il 22











             Item #20-

                  a4 Attach verification that a certified mail notice
             with return receipt requested and a complete copy of the
             application has been forwarded to the clerk of the
             municipality.

                  b. Attach verification that a certified mail notice
             with return receipt requested (white receipts or green cards
             are acceptable) has been forwarded to the environmental
             commission, or any public body with similar
             responsibilities, municipal planning board, county planning
             board, municipal construction official, and landowners
             within 200 feet of the legal boundary lines of the.
             property(ies) on which the proposed activity will occur.
             Applicant must also provide a list of landowners within 200
             feet. The notice shall contain:

                  1.   A description of the proposed activity;

                  2.   A description of the location of the activity
             including county, municipality, lot(s), block(s), and a plan
             of the site detailing existing structures, wetlands
             boundaries and proposed structures or activities, or both;
             and

                  3. The following statement:

             "This letter is to provide you with legal notification that
             the referenced property owner is applying to the New Jersey
             Department of Environmental Protection and Energy, Land Use
             Regulation Element for a Transition Area Waiver.

             A Transition Area Waiver will allow the property owner to
             conduct certain activities in the transition area- an area
             immediately adjacent to a freshwater wetland.

             The complete Transition Area Waiver application package can
             be reviewed at either the municipal clerk's office or by -
             appointment at the Land Use Regulation Element office at the
             address listed below. The Department of Environmental
             Protection and Energy welcomes comments and any information
             that you may provide concerning the transition area or the
             wetlands immediately adjacent to the transition area on the
             referenced parcel. Written comments should be submitted to
             the Department within 15 days of receiving notice. Comments
             will be accepted until the Department







                                      A-II 23









             makes a decision on the application. Please submit your
             written comments along with a copy of this letter to:

                  New Jersey Department of Environmental Protection and.
                  Energy
                  Land Use Regulation Element
                  Bureau of Regulation
                  CN 401
                  5 Station Plaza
                  Trenton, New Jersey 08625
             att: (County in which the property is located) Section Chief

             As part of the review of this application, Department
             personnel may perform a site inspection on your property.
             This site inspection will involve only that area within a
             maximum of 150 feet from the border of the applicant's
             property. This site visit will involve a visual inspection
             and possibly minor soil borings using a 411 diameter hand
             auger. The inspection will not result in any damage to the
             vegetation or improvements on your property.

             The Department will notify your municipal environmental
             commission, planning board and the municipal construction
             official, as well as the county planning board of the
             Department's approval or denial of the Transition Area
             waiver application.,'

             Skip Items #21 to 23.

             item #24- Signature. All permits applications and reports
             shall be signed as follows:

                  a. For a corporation, by a principal executive officer
             of at least the level of vice-president;

                  b. For a partnership or sole proprietorship, by a
             general partner or the proprietor, respectively;

                  c. For a municipality, state, federal, or other public
             agency, by either a principal executive officer or ranking
             elected official;

                  .d. By individual property owners of record; or

                  e. By a duly authorized representative or agent as
             specified in item #2 of this instruction sheet.

             Item #25- This item must be completed if the applicant (Item
             41) is different than the owner(s).







                                      A-II 24










                 The NJDEPE, within 30 days of receipt of this
            application, shall review the application for completeness
            and make any necessary requests for additional information.
            The.Department shall issue or deny a transition are waiver
            within 90 days of receiving a complete application.
            Decisions on Transition area waivers will be published in
            the DEPE Bulletin.





























































                                    A-II 25









                                       Appendix A

              New Jersey Department of Environmental Protection and Energy
                              Freshwater Wetlands Program

                         Summary of Freshwater Wetlands Program
                               Regulations' and Procedures


              NOTE: This is only a summary. The complete, official rules
              can be found in the New Jersey Administrative Code at
              N.J.A.C. 7:7A.



                   The Freshwater Wetlands Protection Act, signed into law
              July 1, 1987, requires a permit from the New Jersey
              Department of Environmental Protection and Energy, Land Use
              Regulation Program, for most activities which alter or
              disturb land or water in or around freshwater wetland areas,
              and for the discharge of dredged or fill material into State
              open waters.

                   A freshwater wetland is an area that is inundated or
              saturated by surface water or groundwater at a frequency and
              duration sufficient to support, and that under normal
              circumstances does support, a prevalence of vegetation
              typically adapted for life in saturated soil conditions;
              commonly know as hydrophytic vegetation.

                   Effective July 1, 1988, individuals proposing to engage
              in a regulated activity (see list below) in a freshwater
              wetland or State open water area must obtain one or more of
              the following permits from the Land Use Regulation Program:
              a Statewide General Permit, an Individual Freshwater
              Wetlands Permit, an Open Water Fill Permit, or a Water
              Quality Certification.' Until such time as the State assumes
              the 404 program as mandated by the Federal Clean Water Act,
              most projects will also need a 404 permit from the U.S. Army
              Corps of Engineers (ACOE) which will require that a
              separate, complete application and fee be submitted by the
              applicant for their review and approval in addition to these
              procedures.

                   Effective July 1, 1989, individuals proposing to engage
              in prohibited activities (see list below) in transition
              areas must obtain a transition area waiver from the
              Department. Transition areas of 50 feet and 150 feet are
              required adjacent to wetlands of intermediate and
              exceptional resource value wetlands, respectively,
              Wetlands

                   Freshwater wetlands are identified using a three-
              parameter approach which examines hydrology, soils, and-
              vegetation of a given site. The details of this method are


                                     A-II 26









             described in a publication entitled the "Federal Manual for
             Identifying and Delineating Wetlands." Some additional
             sources of information available to individuals
             investigating the presence or absence of wetlands within or
             adjacent to a site.include: county soil surveys; flood
             hazard area maps; U.S. Fish and Wildlife Service Nationai
             Wetland Inventory Maps; U.S.G.S. quadrangle maps; and local
             knowledge of site conditions. The Land Use Regulation
             Program is presently working to comprehensively map the
             state's wetlands to provide an additional source of
             information. At this time these maps are available for
             approximately 75% of the State. Copies of the completed
             maps have been sent to municipal clerks for review by
             interested parties.

             State Open Waters

                  State open waters means those waters of the United
            .States within the boundary of the State or subject to its
             Jurisdiction that are not wetlands as described above.

             Transition Areas

                  A transition area is an ecological zone adjacent to a
             freshwater wetland, extending from the freshwater wetlands
             boundary into the uplands for a specific distance. The
             @ransition area serves as'a buffer to minimize the adverse
             impacts of human activities on the freshwater wetland and is
             also an integral component of the freshwater wetland
             ecosystem.

               . Sections 16, 17, and 18 of the Act establishes
             transition areas adjacent to freshwater wetlands of
             exceptional and intermediate resource value, prohibit
             certain types of activities in these transition areas, and
             provide in certain instances for waivers from the
             prohibitions. These provisions of the Act protect the
             integrity of the freshwater wetlands by creating an area
             adjacent to the wetlands which is subject to Department
             regulation. Within these transition areas, the rule
             provides strict controls on activities which would have an
             adverse impact on the freshwater wetlands ecosystem.

                 The rules establish standard transition area widths for
             freshwater wetlands based on the resource value
             classification of the freshwater wetlands. The
             determination of resource value classification of a
             freshwater wetland is described below. The standard
             transition area for freshwater wetlands of exceptional
             resource value is 150 feet while the standard transition
             area for intermediate resource value freshwater wetlands is
             50 feet. Transition areas are not established for wetlands
             classified as ordinary resource value.



                                     A--U 27











             Wetland Resource Value


                  The Freshwater Wetlands Protection Act classifies
             wetlands according to their resource value as exceptional,
             intermediate, or ordinary. The resource classification of a
             particular wetland will be considered by the Program in
             assessing site alternatives, availability of certain
             Statewide General Permits, mitigation proposals and is used
             for the basis of determining the standard width of the
             transition area.

             Regulated Activities in a freshwater wetlands

                  The following activities proposed in a freshwater
             wetland require a permit from the Land Use Regulation
             Program:

                  1.   The removal, excavation, disturbance or dredging
                       of soil, sand, gravel or aggregate material of any
                       kind.

                  2.   The drainage or disturbance of the water level or
                       water table.

                  3.   The dumping, discharging or filling with any
                            materials.

                  4.   The driving of pilings.

                  5.   The placing of obstructions.

                  6.   The destruction of plant life which would alter
                       the character of a freshwater wetland.

                  7.   The discharge of dredged or fill material into
                       State open waters.

                  For the purposes of the Freshwater Wetlands Protection
             Act the following activities are not considered to result in
             the alteration of the character of a freshwater wetland and
             are therefore not regulated:

                   1. surveying or wetlands investigation activities,
             for the purpose of establishing or reestablishing a boundary
             line or points, which use only hand held equipment  'and do
             not involve the use of motorized vehicles to either clear
             vegetation or extract soil borings. The clearing of
             vegetation along the survey line or around the survey points
             shall not exceed three feet in width or diameter
             respectively and shall not be kept clear or*maintained once
             the survey or delineation is completed; and

                    2. The placement of temporary structures (those not
             requiring permanent foundations nor the deposition of fill


                                     A-II 28









             material) not to exceed 32 square feet for the purposes of
             observing or harvesting fish or wildlife.   These activities
             include the construction of observation or waterfowl blinds
             and the placement of traps.
             Prohibited Activities in transition areas adlacent to
             freshwater wetlands

                  The following activities proposed in a transition area
             adjacent to a freshwater wetlands require a transition area
             waiver from the Land Use Regulation Program.

                  1. Removal, excavation, or disturbance of the soil;
                  2. Dumping or filling with any materials;
                  3. Erection of structures;
                  4. Placement of pavements; and
                  5. Destruction of plant life which would alter the
                          existing pattern of vegetation.

                  The rules further define a class of activities which
             are not prohibited in a transition area. They are:

                  1. Normal property maintenance. This class includes the
             maintenance and replacement of natural and artificial
             features including minor landscaping, maintenance of gardens
             up to 0.25 acres and existing humanmade structures;

                  2. Minor and temporary disturbances resulting from, and
             necessary for normal construction activities on land
             adjacent to the transition area; and

                  3. Erection of temporary structures covering less than
             150 square feet.


             Letters of InterRretation

                  A letter of interpretation is the means by which the
             Department documents the extent of wetlands on a given site.
             Individuals may request a letter of interpretation from the
             Land Use Regulation Program to determine the presence or-
             absence of wetlands on a property, confirm the boundary of a
             specific wetland, or obtain a delineation of wetlands on
             properties which are one acre or smaller. 'For properties
             larger than one acre, the Program will verify boundaries
             delineated by a consultant but the Program does not do the
             delineation.

                  A complete listing of the information which must be
             submitted to obtain a letter of interpretation is provided
             in the Freshwater Wetlands Protection Act Rules, at N.J.A.C.
             7:7A-8.







                                     A-H 29











              Exempted Activities

                   Activities that are part of an established, ongoing
              farming, ranching, or silviculture operation whith are
              eligible for, or receive, a farmland assessment are exempt
              from the requirement of obtaining a freshwater wetland,
              State open water permit or transition area waiver provided
              the activities do not result in the conversion of a wetland
              to a non-wetland area.

                   These exemptions shall not apply to any discharge of
              dredged or fill material into freshwater wetlands or State
              open water incidental to any activity which involves
              bringing an area of freshwater wetlands or State open waters
              into a use to which it was not previously subject, where the
              flow or circulation patterns of the freshwater wetlands or
              waters may be impaired, or the extent or values and
              functions of freshwater wetlands or State open waters is
              reduced.

                   Examples of exempted activities are: plowing, seeding,
              cultivating, harvesting, upland soil and water conservation
              practices, minor drainage, construction or maintenance of
              farm ponds, irrigation ditches, farm and forest roads and
              the normal harvesting of forest products.

                   Minor drainage projects are limited to areas that are
              actively farmed. Drainage is not authorized for the
              conversion of a wetland to a non-wetland area, for the
              conversion of silviculture to farming, or for an activity
              which significantly modifies a wetland. See N.J..A.C. 7:7A-2
             ,for the exact limits of exemptions.

                   Projects for which applications for preliminary site
              plan or major subdivision approval were submitted to a local
              review authority prior to June 8,*1987, and projects for
              which formal preliminary local approvals were given prior to
              July 1, 1988 are exempt from permit requirements of the
              Freshwater Wetlands Protection Act.

                    Projects for which the U.S. Army Corps of Engineers
              has issued an individual permit prior to July 1, 1988, are
              exempt from permit requirements under the Act. Specific
              activities authorized by Army Corps Nationwide Permits
              issued for a specific site which were applied for on or
              before June 10, 1988 are also exempt.

              In addition projects for which municipal approval in the
              form of a preliminary or final site plan approval, or major
              subdivision approval have been approved between the dates of
              July 1, 1988 and July 1, 1989 shall not require transition
              areas.




                                        A-II 30









                  These exemptions do not apply where significant changes
             occur to the approved plan, a project is inactive for a
             period of time, the major subdivision or site plan approval
             was given prior to the August, 1976, the effective date of
             the Municipal Land.Use Law, or if the permit has expired.
             In addition, exemptions based upon municipal aproval shall
             be void as of the date of assumption of the 404 program by
             the State.


                  A person may obtain a letter from the Land Use
             Regulation Program certifying that an activity or project is
             exempt from the Act. A complete listing of the types of '
             projects and activities exempted from the Act, as well as a
             listing of relevant information needed to support an
             exemption letter request, may be found in N.J.A.C. 7:7A-2.7
             and 2. 9. ' '


             Geographic Areas Exempted from Freshwater Wetlands permit
             recruirements

                  Projects and activities in areas under the jurisdiction
             of the Wetlands Act of 1970 (N.J.S.A. 13:9A-1) will not
             require freshwater wetlands permits.

                  Also, activities and projects in areas under the
             jurisdiction of the New Jersey Pinelands Commission or the
             Hackensack Meadowlands Development Commission will not be
             subject to the requirements of the Act. However, as of the
             date of State assumption of the 404 program, regulated
             activitites conducted in areas of jurisdiction of the
             Pinelands Commission shall require a State administered 404
             permit.

                  All projects requiring a Federal permit or license for
             the discharge of dredged or fill material into State open,
             waters or freshwater wetlands will require a Water Quality
             Certificate.

                   For further information concerning the types of
             activities and the precise geographical areas regulated by
             the Pinelands Commission, call 609-894-9342. For
             information'concerning the Hackensack Meadowlands Commission,
             call 201-460-1700.

                   The exemptions noted above may be subject to the
             Federal 404 program administered by the ACOE and permits may
             be required by the ACOE for some activities exempted from
             State regulation.

             Statewide General Permits

                  The Freshwater Wetlands Protection Act provides for the
             issuance of Statewide General Permits. Persons wishing to
             develop a'parcel should try to avoid all wetlands or to


                                      A-II 31








             design a project to make use of the general permits if
             encroachment is absolutely necessary. The Statewide General
             Permits provide an expedited approval process for certain
             types of regulated activities subject to certain
             limitations. Many.of the permits may be used in conjunction
             with one another and their use is strongly encouraged in
             order to avoid higher impact activities which would-require
             individual permits.

                  An activity covered by a Statewide General Permit is
             permitted as long as an authorization letter is obtained
             from the Land Use Regulation Program prio to engaging in a
             regulated activity and provided that the conditions outlined
             in the general permit are satisfied. The Department's
             authorization for a Statewide General Permit automatically
             includes a Transition Area Waiver. Access through the
             transition area to the site of an authorized activity is
             allowed to the extent necessary to accomplish the activity.
             To obtain a Statewide General Permit approval for a
             particular site or project one must apply to the Land Use
             Regulation Program using the appropriate application form.

                  The following are a listing of the 17 Statewide General
             Permits issued at this time:

                  1. Maintenance of pre-existing structures, utilities,
             roads and drainage facilities;

                  2. Utility line crossings;

                  3. Discharge of sediments from dredging activities;

                  4. oil and hazardous substances clean-up by the State
             or Federal government;

                  5. The removal of non-historic obstructions to
             navigation;

                  6. The  placement of fill in wetlands which are not part
             of*a surface water tributary system;

                  7. The placement of fill in ditches and swales in
             headwater areas;

                  8. Additions to existing residential structures
             requiring less than 750 square feet of fill; and
                  9. Certain state or federally funded road projects.

                  10. Minor road crossings;

                  11. Construction of stormwater outfalls;

                  12. Surveying and wetland investigations;



                                       A-II 32










                  13.  Lake maintenance or restoration activities;

                  14.  Placement' of scientific recording and monitoring
             devices;

                  15.  Mosquito control projects;

                  16.  Fish and wildlife management activities;

                  17.  Trail and boardwalk construction;

                  18.  Repair, rehabilitation, replacement, maintenance or
             reconstruction of any currently servicelble dam;

                  19. Construction of recreational and fishing docks
             piers and boat ramps;

                  20.  Placement of erosion control materials in State
             open waters only;

                  21. Construction of above ground utility lines and
             structures;


                  22. Reserved


                  23.  Reserved

                  24.  Construction of bulkheads adjacent to human made
             lagoons;

                  25.  Repair or alteration of malfunctioning individual
             subsurface sewage disposal systems.

                  You may obtain a complete listing of the Statewide
             General Permits by contacting the Land Use Regulation
             Programat the address below or by referring to the .
             Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-9.

                  'The Department may approve activities covered by
             different general permits onsite, provided that the
             individual limits of each general permit are complied with
             and that the total area.of wetlands, and State open waters
             disturbed or.modified does not exceed one acre with the
             exception of Statewide general permit #17., For example, the
             Department could approve on-site a minor road crossing
             disturbing 0.25 acres, stormwater outfall structures
             disturbing a total of 0.25 acres, and the filling of 0.5
             acres of a ditch.


             General Conditions for all Statewide General Permits

                  All regulated activities authorized under Statewide
             General Permits listed in N.J.A.C. 7:7A-9.2 are subject to
             the specific conditions listed under each permit. In order



                                      A-H 33









             to be authorized to conduct activities under these general
             permits, persons must comply with the standard conditions
             set forth below, as well as the conditions at N.J.A.C. 7:7A-
             13.1 and 13.2, the procedures in 7:7A-9.4 and Mitigation
             pursuant to 7:7A-14 where specified must be followed.

                  The following standards must be met in order for a
             regulated activity to be authorized under the Statewide
             General Permits identified in N.J.A.C. 7:7A-9:

                  1. The request for authorization to fill or modify
             wetlands or State open waters is associated with a proposed
             project or construction activity and is not solely being
             requested for the purpose of eliminating a natural resource
             in order to avoid future regulation;

                  2. The regulated activity shall not occur in the
             proximity of a public water supply intake;

                  3. The regulated activity shall not jeopardize a
             threatened or endangered species and the activity shall not
             destroy, jeopardize, or adversely modify the historic or
             documented habitat of such species;

                  4. The activity will not occur-in a component of either
             the Federal or State Wild and Scenic River System; nor in a
             river officially designated by Congress or the State
             Legislature as a "study river" for possible inclusion in
             either system while the river is in an official study
             status; and
                  5. The activity shall not adve@sely  affect properties
             which are listed or are eligible for listing on the National
             Register of Historic Places. If the permittee, before or
             during the course of work authorized-, 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 in the National Register, the
             permittee shall immediately notify the Department and
             proceed as directed by the Department.

                  In addition the following conditions must be met in
             order for @ regulated activity to be authorized under the
             Statewide General Permits:

                  1. Any discharge of dredged or fill material shall
             consist of suitable material free from toxic pollutants (see
             section 307 of the Federal Act) in toxic amounts;

                  2. Any structure or fill authorized shall be maintained
             as specified in the construction plans;

                  3. In order to protect the fishery resources and/or the
             spawning of the downstream resident fish population, any


                                    A-II 34









             activity within or adjacent to a stream channel which may
             introduce sediment into the stream or cause the stream to
             become turbid is prohibited during the time frames listed
             below or any subsequent updates to this listing as provided
             by the NJ Division of Fish, Game and Wildlife. The total
             restriction period will not exceed 6 months:

             Timing restrictions:

             Stream Classification     Dates of Restriction


             Trout Production

                  general/brook/brown  September 15 - March 15

                  rainbow trout        February 1 - April 30

             Trout Maintenance         March 15 - June 15


             Trout Stocked             March 15 - June 15


             Anadromous

                  American Shad-For the Delaware River upstream of the
             Delaware Memorial Bridge, and for tidal Rancocas and Raccoon
             Creeks

                                        April 1-June 30 and September 1 -
                                        November 30


                  American Shad-For the Delaware River from the Delaware
             Bay to the Delaware Memorial Bridge, and tidal Maurice River

                                        March 1-April 30 and October 1-
                                        November 30



                  All other waterways classified for anadromous fish

                                        April 1 - June 30;

                  For waterways classified, on a case by case basis, as
             spawning a.@eas for warm water fish

                                        May 1- June 30.

                  4. During construction activities, all excavation must
             be monitored to check for the presence of acid-producing
             deposits pursuant to N.J.A.C. 7:13-5.10 of the Flood Hazard
             Area Control Rules. If any such deposits are encountered,
             the mitigation and disposal standards described in N.J.A.C.
             7:13-5.10 must be implemented. If any such deposits are
             encountered, an annual post-planting monitoring program
             shall be established to ensure that the reestablishment of


                                     A-II 35









             vegetation in temporarily disturbed areas, shall have a
             minimum 85 percent plant survival and coverage rate after
             two complete growing seasons. Failure to achieve this
             survival rate will require implementation of additional
             corrective measures and/or reevaluation of the acid
             producing soils mitigation proposal to ensure the 85 percent
             survival rate requirement.

                  5. The activity will not result in a violation of the
             Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 or
             implementing rules at N.J.A.C. 7:13-1.

                  6. Best management practices shall be followed
             whenever applicable.

             Individual Permits

                  Any regulated activity proposed in a :@reshwater wetland
             or State open water which is not authorized by a Statewide
             General Permit or which does not meet the conditions for the
             use of a General Permit will require an Individual Permit.
             Also, an application for an Individual Permit may be
             required if the Department finds that additional permit
             conditions would not be sufficient or that-special
             circumstances make this action necessary to ensure
             compliance with the Act.

                  The Freshwater Wetland regulations distinguish between
             projects that are water dependent and those that are non-
             water dependent. The Department will issue an Individual
             Permit only if it finds that the regulated activity has no
             practicable alternative which would not involve a freshwater
             wetland or State open water, or would have less adverse
             impact on the aquatic ecosystem. Also an alternative must
             not merely substitute other significant adverse
             environmental consequences for those of the original
             proposal. It will be a rebuttable presumption that there is
             a practicable alternative for any non-water dependent
             regulated activity.

                  In order to rebut the presumption established for non-
             water dependent activities when the activity will take place
             in a wetland of exceptional resource value or in State open
             waters that are trout production, an applicant must also
             demonstrate that there is compelling public need for the
             proposed activity and that denial of the permit would impose
             an extraordinary hardship on the applicant brought about by
             circumstances peculiar to the subject property. In
             addition, mitigation will be required for all individual
             permits. The Department's issuance of an Individual Permit
             automatically includes a Transition Area Waiver to conduct
             prohibited activities in the transition area to the extent
             necessary to accomplish the permitted activity and any
             required mitigation. For a detailed description of the


                                    A-H 36









             "General Standards for Granting Individual Freshwater
             Wetlands or Open Water Permits," see N.J.A.C. 7:7A-3.

             Transition Area Waivers

                  The rule also provides criteria for reducing,
             eliminating a portion of, or modifying the shape of the
             transition area through the Department's approval of
             transition area waivers. The various types of waivers fit
             into three principal classes and are discussed below.

                  1. Transition area waiver, Reductions. This waiver may
             be approved on the basis of a finding that the proposed
             project or activity will not result in substantial impact to
             the adjacent wetland or that the waiver is necessary to
             avoid a substantial hardship. This waiver would allow the
             reduction in the standard width of the transition area
             without requiring expansion of the remaining transition area
             for compensation. The statutory criteria for the approval
             of this waiver are very strict; therefore, granting of this
             waiver will be very limited.

                  2. Transition area waiver, Special activities. This
             waiver may result in approval of the partial elimination of
             the transition area, again without compensation, only for.
             the special activities listed below:

                       a. Stormwater management facilities. These
             facilities would include detention or retention basins,
             grassed swales,.outfalls, etc. These waivers may be
             approved if the applicant can demonstrate that there is no
             feasible alternative onsite location'for the facility.'

                       b. Linear development. These facilities would
             include roadways, railroads, rights-of-way, pipelines or
             other transmission facilities. These waivers may be
             approved if the applicant can demonstrate that there is no
             feasible alternative location for the facility.

                       c. Activities permitted under spe cific Statewide
             general permits. In order.to ensure consistency with the
             provisions of the Act all appropriate activities permitted
             under the Statewide general permits in wetlands' may be
             authorized as special activity transition area waivers to be
             conducted in the transition area. The limitations
             associated with the Statewide general permits will also
             apply to the transition area waivers. These waivers may be
             approved if a project meets all of the appropriate criteria
             and is designed to minimize impacts on the freshwater
             wetlands. For example, a waiver may be issued for the
             activities defined under Statewide general permit # 10,
             minor road crossing, with the same limitations, for a
             proposed minor road crossing in a transition area


                                    A-II 37









                  3. Transition.area waiver, Averaging plan. This waiver
              may result in approval of a plan to modify the overall shape
              of the transition area without reducing the total square
              footage of the existing transition area. This waiver may be
              approved if the proposed averaging plan still provides the
              values and functions of a transition area as described in
              the Act. An averaging plan will be much easier to obtain
              than a straight reduction.

              Water ouality certification
                  As of July 27, 1988 the Land"Use Regulation Program has
              been assigned the responsibility for implementing the
              Federal Clean Water Act, the Section 401 Water Quality
              Certification (WQC) program. All projects requiring a
              Federal permit or license for the discharge of dredged or
              fill material into State open water and/or wetlands will
              require a WQC. For example, permits issued pursuant to
              Section 404 of the Federal Water Pollution Control Act
              (Clean Water Act), 33 U.S.C.A. 1341 et seq. (1987) or
              licenses issued by the Federal Energy Regulatory Commission
              under the Federal Power Act, 16 U.S.C.A. 1791 et seq., will
              require a WQC. The purpose of the certification is to
              ensure that all such activities are consistent with New
              Jersey Water Quality standards, N.J.A.C. 7:9-4.1 and
              Department policies related to water quality management.

                  Individuals proposing projects which require a Water
              Quality Certificate should contact the Program on how to
              apply for a WQC. In general the Division's strategy to
              implement the Water Quality Certification program is to
              combine it with the existing regulatory review and permit
              applications and in doing so consolidate this process with
              the existing decision-making process. The Water Quality
              Certificate may then be issued in conjunction with other,
              Land Use Regulation Program permits whenever possible, for
              example Individual Freshwater Wetland Permit/Water Quality
              Certificate, Open Water Fill Permit/Water Quality
              Certificate, CAFRA/Water Quality Certificate or Waterfront
              Development Permit/Water Quality Certificate. Individual
              Water Quality Certificates will be reviewed independently
              when no Land Use Regulation Program permits are required for
              the project.

              Pre-Application Conference

                  An applicant may request a pre-application conference
              to obtain guidance from the Program regarding any of the
              required permits or waivers. This conference allows the
              Department and the applicant to discuss permit standards in
              relation to a particular site and proposed project. The
              Program requires submission of written information specified
              in N.J.A.C. 7:7A-10 prior to scheduling a conference.



                                      A-II 38










             Permit Conditions

                  There are standard conditions to all permits issued by
             the Bureau of Freshwater Wetlands. A complete listing of
             the conditions may.be found in N.J.A.C. 7:7A-13. Other
             conditions may be attached to a permit on a case-by-case
             basis to ensure compliance with the rules.

             Duration of Permits

                  Freshwater Wetland and Open Water Fill permits and
             transition area waivers will be effective for a fixed term
             not to exceed five years. A permit or waiver may be
             transferred to a new owner or operator by a formal
             modification of the permit. A more complete explanation of
             permit modifications and time limits can be found in
             N.J.A.C. 7:7A-1.

             Emergency Permits or waivers

                  The Department may issue a temporary emergency
             freshwater wetlands or, open water fill permit, or
             transition area waiver for an activity only if the following
             situations exist:

                  1.   An unacceptable threat to life, severe loss of
             property, or severe environmental degradation will occur if
             an emergency permit is not granted; and

                  2.   The anticipated threat or loss may occur before a
             permit or waiver can be issued or modified under the
             procedures otherwise required by the Act and other
             applicable State laws.

                  The issuanse of emergency permits or waivers is fully
             explained at N.J.A.C. 7:7A-5.

             Wetlands Mitigation

                  When the Land Use Regulation Program approves an
             Individual permit or certain General permits, mitigation is
             required to compensate for the loss or disturbance of
             freshwater wetlands or State open waters. The Department
             will not consider a mitigation proposal in determining
             whether a project should be issued a permit. The Land Use
             Regulation Program distinguishes between four types of
             mitigation: restoration, creation, enhancement, and
             contribution. The ratio of mitigated land area to area of
             impacted wetlands will vary depending upon the type of
             mitigation proposed or required by law, but in no case will
             be lower than one acre disturbed to one acre mitigated. ,
             Contribution refers to the donation of money or land to the
             Mitigation Bank. The Department will permit the donation of
             land only after determining, in consultation with the USEPA,


                                    A-H 39









             that all alternatives to the donation are not practicable or
             feasible. Mitigation standards are contained at N.J.A.C.
             7:7A-14.


             Enforcement

                  The Act provides for substantial administrative, civil,
             and criminal penalties for violators. The penalties vary in
             monetary amount based upon the severity of violation and
             conduct of the violator. A maximum penalty of $10,000 per
             day per violation may be assessed. In calculating the civil
             administrative penalty, the Department may consider the
             amount of economic benefit gained the violator by engaging
             in a regulated activity without approvals. In addition,
             civil actions may be instituted in Superior Court for other
             types of relief including a temporary or permanent
             injunction, an assessment against the violator of costs
             incurred by the State for investigation and/or remediation
             of the violation, and a court order that a violator remove
             the illegal activity, and restore or rehabilitate a site.
             For information concerning violations and enforcement call
             the Department's Bureau of Land Use Enforcement at (609)
             292-1240.


             Additional Information

                  This program summary does not reflect the entire text
             of the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B,
             et sea., nor of the Rules promulgated pursuant to the Act,
             N.J.A.C. 7:7A. For a complete copy of the Act, Rules, and
             permit application package, call or write to the Land Use
             Regulation Program at the address below:

                       New Jersey Department of Environmental Protection
                       and Energy
                       Land Use Regulation Program
                       CN 401
                       501 East State Street
                       Trenton, New Jersey 08625
                       (609) 292-1235


















                                       A-II 40






 I I














                0



                m


















0
  1                     7
        SECTION A III


        CHECKLIST FOR
       ADMINISTRATIVE
        COMPLETENESS



  Ll..   --      -        -@d I






                   NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ENERGY


                                   FRESHWATER WETLANDS

                         CITFCKI,        ]ATNISTIRATWE C0MP1,RWNr,5.S

      These are the submission requirements for an administratively complete application package for an Individual
      Freshwater Wetlands Permit, Open Water Fill Permit, Statewide General Permit, or a Transition Area Waiver.
      Please read each section (general and specific) and check off each area after you have fully completed or
      compiled the information for each applicable requirement.


                            General Submission "Wrements (ALJal

          1. Completed FW#1 Apolication Form [See Instructions for appropriate application ty'pe(s).]
             NUW: Pay special attention to providing a complete project description.
          2. Permit Application Review Fee (See attached fee schedule), payable to Treasurer, State of NewJersey-
          3. Certified Mail Return Receipts (must comply with requirements for each permit type per N.J.A.C. 7:7A
             et seq.)
                 a) Municipal Clerk (Notification shall include all material submitted to NJDEPE.)
                 b) Municipal Environmental Commission (if any)
                 c )Municipal Planning Board
                 d) Municipal Construction Official (not required for Individual Freshwater or Open Fill
                    Permits.)
                 e) County Planning Board
                 f) All landowners within 200 feet of the property (Also provide a list of landowners within 206 ft.)
                 g) Mosquito Control Agency (Individual Freshwater Wetlands / Open Water Fill Permits on]y)
                 h) County Environmental Commission (Individual Freshwater Wetlands / Open Water Fill
                    Permits only.)
                 i) Verification that the proposed activity has been published in a newspaper of local circulation.
                    For projects proposing more than 10 acres of fill, notification shall also be published in a
                    newspaper of regional circulation. (Individual Freshwater Wetlands / Open Water Fill
                    Permits only)
                 j) Verification of publication in a newspaper of local and one of regional circulation for linear
                    facilities, such as- pipelines or roadways more than .5 miles in length may be subs'tituted for
                    notification of landowners within 200 feet of the property. (Letters of Interpretation,
                    Transition Area Waivers and General Permits only)
          4. Location Mar) (a copy or portion of a U.S.G.S. Topographic Quadrangle Map with the project site outlined
             and state plane coordinates)



                   S2Cdflc "Wrements forMransition Area Waiver AWficatiom
                           (3 Copies of All General And Specific Requirements)


       J 1.  Site Elan- Subdivision, or Out-Bound Survey Map Q folded copies) clearly identifying all proposed
             activities on entire property, all existing structures, and the freshwater wetland boundary
          2. Written Descrintion of the total area to be modified by the entire project and the total square footage of the
             potentially affected transition area.
          3. Sgecific Reguirements for the four types of waivers may be found in N.J.A.C. 7:7A-7.6(c).
          4. Wetlands Delineation R=oA [if no Letter of Interpretation was issued per N.J.A.C. 7:7A-8.3(a)]


                                         A-IH 1                                 2/93





                                        R uirements for Individual Fivshwater Wetlands Permit,
                                              9pen Water FM Permit ADRUcations
                                         (10 Copies of All General And Specific Requirements)


                1. Color PhotoL-raphs (originals mounted with description and location of each view)
                2. Wetlands Delineation Report (If no Letter of Interpretation was issued)
                3. Site Plan or Subdivision Man (10 folded copies) showing:
                            a )all existing structures on lot and immediately adjacent lots
                            b) distances and dimensions of areas, structures, and lots including freshwater wetlands. iztate
                               open waters, upland properties, roads, utility lines
                            c )a complete delineation of the wetlands boundary in accordance with the requirements of
                               N.J.A.C. 7:7A-8.2. A Letter of Interpretation issued by the Department may be submitted to
                               satisfy this requirement. Include a copy of a map or plan which depicts the approved line.
                            d) the area which will be used for the proposed activity or discharge
                            e) the general site location in relation to development in the region
                            f) the scale of the plan and a north arrow
                            g  the name of person who prepared the plan and the date of preparation
                            h  the name of the applicant, and municipal lot(s) and block number(s) of the project site
                4. Alternative Analysis describing alternatives to the proposed activity per N.J.A.C. 7:7A-3
                5. Descrir)tion of All Sensitive Areas per N.J.A.C. 7:7A-11.1(b)13
                6. Cross-sectional View of proposed fill areas per N.J.A-C.7:7A-11. 1(e)




                              k5nodfic Emimments for Statewide General E=Wt &211cations
                                         (3 Copies of All General And Specific Requirements)



                1.  Oripinal Color PhotogTaphs of the portion of the property for which authorization is being applied for.
                2.  A Statement of Comnliance to determine whether conditions of each general permit (listed in N.J.A.C.
                    7:7A-9.2) for which you are applying will be satisfied per NJAC. 7:7A-9.5(a)2
                3.  Site Plan (3 folded copies) detailing existing structures, proposed structures or activities*, and a
                    delineation of the wetlands boundary for the area of proposed disturbance and wetland field data
                    sheets including soil and vegetation information (no formal report required.)
                4.  A signed statement certifying that the proposed activity will not result in any direct or indirect adverse
                    impacts to Swamp Pink (Helonias hullata) or its documented habitat in any of the municipalities listed
                    in N.J.A.C. 7:7A-9.5(a)2ifiM
                5.  A person proposing to engage in activities pursuant to N.J.A.C. 7:7A-9.2(a)25, repair or alteration of
                    malfunctioning individual subsurface sewage disposal systems, shall submit written notice
                    containing a description of the proposed activities to the Department at least 30 days prior to
                    commencement of work. This notification shall include a description and plan of the activities and
                    their location including municipality, county, block, and lot; and an approval from the Board of Health
                    or its designated agent for the proposed activities. If the Department fails to notify the applicant within
                    30 days of receiving the notification, the activity shall be deemed to have been authorized, to the extent
                    that the activity does not violate other statutes or regulations then in effect, and subject, to any standard
                    terms and conditions pursuant to N.JAC. 7:7A-9.3.






                                                            A-III 2





                            Regulatory Fee Schedule
                   STATE OF NEW JERSEY * DEPARTMENT OF ENVIRONMENTAL PROTECTION & ENERGY
                                    LAND USE REGULATION PROGRAM * MRCH 1993


            All fees shall be paid by check or money order; made payable "Treasurer, State of New
            Jersey" and submitted to:

                         Land Use Regulation Program
                         New Jersey Department of Environmental Protection & Energy
                         CN 401, Trenton, NJ 08625

            The Program issues permits through specific State laws. They are:

            1 .    The Wetlands Act of 1970 (N.J.S.A. 13:9A-1 et.seq.)
            2.     The Flood Hazard Area Control Act (N.J. S.A. 5 8A: 16A et. seq.)
            3.     The Coastal Area Facility Review Act (N.J. S.A. 13:19-1 et. seq.)
            4.     The Waterfront Development Law (N.J.S.A. 12:5-3 et. seq.)
            5.     The Freshwater Wetlands Protection Act (N.J. S.A. 13:9B et. seq)
            6.     The Realty Improvement Act (N.J.S.A. 58:11-23 et. seq.)

            For projects requiring more than one Program permit or waiver see Section 4 entitled
            "Multip le Permit".



                                          Section I - Freshwater Wetlands


            A fee is required pursuant to the Freshwater Wetlands Protection Act Rules (N.J.A.C. 7:7A)
            of the review of permit applications, letters, of interpretation and certain exemption requests.

            Each check or money order must be marked to identify the nature of the submittal for which
            the fee is being paid and the name of the applicant.

            1.     Letter of Interpretation Fees

                   (a)   To determine if wetlands are present or absent, the fee is $ 100;

                   (b)   To determine if wetlands or transition areas are present or absent in a footprint
                         of land, the fee is $200;



                                                    AM 3






                 (c)    For verification or delineation of a wetland boundary line for a parcel of land
                        less than one acre, the fee is $250;

                 (d)    For verification of proposed wetland boundary line on a parcel of one acre or
                        more, the fee is $250 plus $35 per acre or any fraction thereof, with a total not
                        to exceed $50,,000; and

                 (e)    For a request for the reissuance of a letter of interpretation, the fee is 25
                        present of the original fee or $ 100; whichever is larger,

                 (Note:NJDEPE does not delineate wetlands boundaries on properties of one acre or
                 more, but will verify proposed lines.)
                                                     1

           2.    Individual Freshwater Wetlands Permit Application Fees

                 For any other regulated activity the fee is $1,000 plus $100 per one-tenth acre, or any
                 fraction thereof, of the freshwater wetlands to be affected by the proposed activity.

           3.    Open Water Fill Permit Application Fees

                 For review of an individual Open Water Fill Permit application, the fee is $ 1,000 plus
                 $100 per one-tenth acre, or any fraction thereof, of State open water affected by the
                 proposed discharge of dredge or fill material.

           4.    Statewide General Permit Fees


                 (a)    For review of proposed activity covered by a General Pennit application, the
                        fee is $250;

                 (b)    If a proposed project requires more than one type of general permit
                        authorization, the fee shall be $250 for the first general pennit and $100 for
                        each additional general permit;

                 (c)    There is no fee for General Permit #25 (repair or alteration of malfunctioning
                        individual subsurface sewage disposal systems)

           5.    Exemption Letter Request Fees

                 For the review and processing of a request for an exemption letter certifying that a
                 project is exempt from freshwater wetlands or open water fill permit requirements, or
                 from transition area requirements, the fee is $ 100

                                                   A-111 4








           6.     Transition Area Waiver Fees


                  Fee for the review and processing of a transition area waiver application:

                  (a)    Projects with a completed Letter of Interpretation, either delineating or
                         confirming the wetlands boundary.

                         I .    For a property or right-of-way of one acre or less the fee is $100;

                         2.     For a property or right-of-way over one acre the fee is $250 plus $20 per
                                acre, or any fraction thereof, of the standard transition area proposed to
                                be modified; and

                         3.     For review of application for more than one type of Transition Area
                                Waiver fee shall be $250 plus $20 per acre, or any fraction thereof, of
                                the standard transition area proposed to be modified, plus $100 for each
                                additional special activity waiver

                  (b)    Projects with a Letter of Interpretation identifying only the presence or
                         absence of wetlands, State open waters and/or transition areas: the acreage
                         figures are based on the size of the project site.

                         1 .    For a property or right-of-way of one acre or less the, fee is $350,

                         2.     For a property or right-of-way over one acre, the fee is $450 plus $40
                                per acre, or any fraction thereof, of the total property.

                  (c)    Projects without a Letter of Interpretation. The acreage figures are based on
                         the size of the project site.

                         1.     For a property or right-of-way of one acre or less the fee is $350;

                         2.     For a property or right-of-way over acre the fee is $450 plus $40 per
                                acre, or any fraction thereof, of the total property; and

                         3.     For the review of application for more than one type of Transition Area
                                Waiver, the fee shall be $450 plus $40 per acre, or any fraction thereof,
                                of the total property plus $100 for each additional special activity waiver

                  (d)    Special Activity Waivers for activities covered by Statewide general permits..


                                                     A-IH 5








                        1.     For the , review of a Special Activity Waiver               pursuant to
                               N.J.A.C. 7:7A-7.4(e) the fee is $250;

                        2.     For the review of more than one Special Activity Waiver, the fee is $250
                               for the first Special Activity Waiver and $100 for each additional
                               Special Activity Waiver.

           7.    Permit Modification


                 (a)    Except for minor modifications pursuant to N.J.A.C. 7:7A-13.9 for which no
                        fee is required, the fee is 25 percent of the original permit fee.

           8.    Inspection

                 If more than one inspection by the Department is necessary because of any act or
           omission of the applicant, the Department may assess an additional fee for each additional
           visit in an amount not to exceed $1,000. No application for a letter of interpretation,
           approval, certificate or permit shall be reviewed or considered until this fee has been paid.
                             I         Section 2 - Stream Encroachment                   :1

           The Land Use Regulation Program charges fees as established in N.J.S.C. 7: IC-1.5 for the
           review of permit applications according to the following schedule:


           1.    Minor Stream Encroachment


                 (a)    For headwalls, utility crossings, stream cleaning, pond dredging the fee is $300
                        for each project element and includes projects within the New Jersey Flood
                        Hazard Area that do not require the establishment of an encroachment. line and
                        all property outside the floodway, or those projects requiring the establishment
                        of an encroachment line along a State Adopted Delineated Floodway.

                 (b)    For Projects of Special Concern, in addition to the fee above, the fee is $200
                        including any minor stream encroachment that would constitute a Project of
                        Special Concern. The project should be designed for the safe passage of the
                        100-year flood in accordance with N.J.A.C. 7:13.
                 (c)    There is no fee for a minor project with local approval. This includes a projectle
                        with a drainage area less than 320 acres and approved by the appropriate


                                                    Ar T-T 1 6






                         municipal and/or county engineer. The project should be designed for the safe
   0.                    passage of the 100-year flood in accordance with N.J.A.C. 7:13.
           2.     Major Stream Encroachment

                  (a)    For each project element including a retaining wall, bridge, culvert, channel
                         improvement, channel relocation and other projects in or along the channel, or
                         portion of the channel thereof, up to 1,000 feet, the fee is $2,000. The fee
                         includes channel work for aligriment purposes only 300 feet upstream and
                         downstream of a bridge or culvert. The fee for each succeeding thousand feet
                         segment or part thereof is $2,000

                  (b)    For major project that consists of individual driveway culverts and fill
                         associated for one single family residence, the fee is $1,000 for the culvert and
                         $400 for the fill.


                         No additional fee shall be charged for projects involving fill associated with
                         bridges or culverts.

                  (c)    For structures and subdivisions - for each project or portion thereof up to 1,000
                         feet outside the channel within 100-year flood plain and requiring the
                         establishment of an encroachment line, the fee is $2,000. for each 1,000 feet of
                         activity part thereof. The fee for each succeeding 1,000 feet or portion thereof
                         is $2000


                  (d)    For fill or structures requiring review for compliance with 20 percent "net fill"
                         limitation specified in NIA.C. 7:13-4.7(d), the fee is $2,000
                         (Exception to the. 20 percent fill review fee: The fee for all bridges and culverts
                         with a perpendicular crossing of the stream, and a single lot subdivision for
                         construction of a single family dwelling shall be waived)

                  (e)    For developments involving more than one acre in the flood plain for
                         commercial use and subdivisions of more than 10 acres for residential use) the
                         fee is $2,000

                  (f)    For detention basin projects requiring review of storm water detention basin(s)
                         for compliance with Stormwater Management Regulations N.J.A.C. 7:8, the
                         fee is $2,000 per basin.

                  (g)    There is no fee for a major project with local approval. This includes a project
                         with a drainage area less than 150 acres and approved by the appropriate


                                                       A-Ea 7






                          municipal and/or county engineer. The project should be designed for the safe
                          passage of the 10.0 year flood in accordance with NIA.C. 7:13.

            3.     Modifications


                   (a)    The fee for a request of a major modification of an approved project shall be
                          the greater of

                          1 .    One-half of the total permit fee attributable to that portion of the
                                 approved project to be modified; or


                          2.     One-quarter of the total permit fee attributable to the entire approved
                                 project

                   (b)    The fee for a minor modification shall be $75

                                               Section 3 - Coastal Projects

            The Land Use Regulation Program charges fees as established in NIA. C. 7: 1 C- 1. 5 for the
            review of permit applications according to the following schedule:

            1.     Waterfront Development

                   (a)    Waterfront Development Permits waterward of the mean high water line the
                          fee shall be:


                          (I.)   The permit fee for residential site improvements for a single private
                                 residential unit or duplex, including without limitation: shore structures,
                                 piers and docks, walkways and activities associated with a single private
                                 residential unit or duplex shall be $250 plus one-half of one percent of
                                 the construction cost above $10,000

                          (2.)   The permit fee for all other activities requiring a waterfront development
                                 permit shall be based on the following schedule:

                          Construction Costs                        Fees
                          $0 to $50,000               $1,450 + 1/2 of one percent of construction costs
                          $50,001 to $100,000         $1,700 + one percent of construct cost above $50,000
                          $100,001 to $200,000        $2,200 + 1 1/4 percent of construction cost above $100,000
                          $200,001 to $350,000        $3,450 + 1 1/2 percent of construction cost above $200,000
                          greater than $350,000       $5,700 + one percent of construction costs above $350,000

                                                          A-IH 8







                  (b)    For Waterfront Development Permits with work taking place landward of the
                         mean high water line and do not qualify as a CAFRA facility based on size and
                         use as defined in N.J.A.C. 7:2.1, the fees are:

                         I .    Residentia I Facilities ... $500 for the first dwelling unit; $125 for each
                                additional dwelling unit

                         2.     Non-residential facilities ... $700 plus one half of one percent of the
                                construction costs, up to a maximum of $4,000

                  (c)    The fee for Waterfront Development Pen-nits with work taking place landward
                         of the mean high water line and qualify as a CAFRA facility based on size and
                         use as defined in N.J.A.C. 7:2.1 shall follow the CAFRA fee schedule as noted
                         in item 3 below of this Section.


                  (d)    For Waterfront Development Permits for any work requiring a general permit
                         or consisting solely of capital repairs or reconstruction with all work taking
                         place landward of the mean high water line or the identical structural
                         replacement of piles or other supports in the same location, the fee is $250

           2.     Wetlands


                  (a)    For a Wetlands Type "A" Permit the fee is one percent of the construction cost
                         or a minimum of $250 for residential dock construction associated with a
                         single family or duplex dwelling unit and $500 for all other regulated activities

                  (b)    For a Wetlands Type "B" Permit the fee is one percent of the co   nstruction cost
                         or a minimum of $250 for residential dock construction associated with a
                         single family or duplex dwelling unit and $500 for all other regulated activities

           3.     CAFRA


                  (a)    For a CAFRA Permit for a Residential Facility the fee is $3000 plus

                         I .    $50 per dwelling unit for'the first 300 units,
                         2.     $40 per dwelling unit for units 301 to 600; and
                         3.     $30 per dwelling unit for all units in excess of 600.

                  (b)    For a CAFRA Permit for a Non-residential Facility the fee is $3,500 plus $500
                         per acre included in the site plan.


                                                    AM 9








                  (c)    The fee for mixed Residential and Non-residential Facilities shall be $32500
                         plus $500.00 per Non-Residential acre included in the site plan plus a per unit
                         fee calculated in accordance with (a) above. If the mixed-used facility has no
                         separate and distinct district/building designated for Non-residential use(s),
                         then the Non-residential acreage shall be the acreage of the entire site.

           4.     Additional Fees


                  Additional fees to engage essential expertise may be. necessary for the processing and
           review of large-scale and complex projects. The applicant will be consulted before
           imposition of such fees. Where a public hearing is conducted, the cost of the hearing shall
           be borne by the applicant.

                  (Note: The term "construction costif as defined at N.J.A.C. 7: 1 C- 1.2 is the projected
           cost, not including financing or insurance charges,, of that portion of a project which is
           subject to review for a construction permit.)

           5.     Modifications


                  Modification


                  (a)    The fee for a request of a major modification of an approved project shall be
                         the greater of

                         I .   One-half'of the total permit fee attributable to that portion of the
                               approved project to be modified; or

                         2.    One-quarter of the total permit fee attributable to the entire approved
                               project

                  (b)    The fee for a request of a minor modification to:

                         I .   A CAFRA project or a waterfront development project qualifying as a
                               CAFRA Facility based on size and use as defined in N.J.A.C. 7:7-2. 1,
                               the fee shall. be $200


                         2.    All waterfronts not qualifying as a CAFRA based on size and use, or all
                               coastal wetlands permit, the fee shall be $75



                                                      A-Ea 10






                                   Section 4 - Treatment Works Approvals

                 Fees for Treatment Wo   rks Approvals Applications are based on a percentage of the
          construction costs of the portion of the project that is to be covered by the Treatment Works
          Approval; however, the percentage to be used in computing the fee is linked to the
          Department's operating cost for implementing the Program.

                 All applicants shall pay one of the following fees based upon the construction cost of
          their project.

                 Category 1:         Projects with a construction cost exceeding $1,000,000
                                     Fee = 4P($250,000) + 2P($750,000) + P(C.C. - $1,000,000)

                 Category 2:         Projects with a construction cost exceeding $250,000 but
                                     less than or equal to $1,000,000
                                     Fee = 4P($250,000) + 2P(C.C. - $250,000)

                 Category 3:         Projects with a construction cost less than or
                                     equal to $250,000
                                     Fee = 4P(C.C.)

                 For all three categories P has been calculated to be equal to .0021, and C.C. is the
          construction cost of the portion of the project covered by the Treatment Works Approval.

                 Please note that the minimum fee for a Treatment Works Approval is $150.00     and the
          minimum fee for Treatment Works Approval modifications is $100.00. All extension of
          time requests must be accompanied by a $50.00 fee.
                             F-Section 5 - Multiple Permits

          I      For projects under the jurisdiction of the Freshwater Wetlands Protection Act that
                 require both Statewide General Permit(s) and Transition Area Waiver(s), a fee will be
                 required for both actions.     For projects requiring an Individual Permit and a
                 Transition Area Waiver, only the highest of the required fees will be charged.


          2.     For projects which require more than one of the following permits: CAFRA permits;
                 Waterfront Development permits; Coastal Wetlands permits; Stream Encroachment
                 permits; or Freshwater Wetlands permits (including Individual permits, General
                 permits, and Transition Area Waivers) issued under N.J.A.C. 7:7A. The permit fee



                                                      A-HI 11






                  for all the project is equal to the sum of the following if the permit applications are
                  submitted and processed simultaneously:

                  (a)    The single highest fee for the above permits required for the project; and

                  (b)    Seventy-five percent of the sum of the permit fees for all other permits required
                         for the project.

           3.     If an applicant requests a Letter of Interpretation, separate from a Freshwater
                  Wetlands permit or waiver, a fee based on the guidelines found in the Freshwater
                  Wetlands Protection Act Rules will be required. If however, the Review Officer
                  verifies a wetlands boundary in the context of a Coastal permit or a Stream
                  Encroachment permit and an official Letter of Interpretation is not requested by the
                  applicant, a fee will not be required.

           4.     There are two fee schedules for transition area waivers, one for projects with a
                  completed Letter of Interpretation (LOI) and a second, higher schedule for projects
                  without a completed LOI. For projects requiring a transition area waiver in the
                  context of a Coastal permit or a Stream Encroachment permit, the applicant will be
                  assessed the fee for a transition area waiver with a completed LOI.
           5.     Applications for Freshwater Wetlands permit require an FW-I application form*
                  Coastal and Stream Encroachment permits require a CP-1 application form. A
                  project requiring permits from both Freshwater Wetlands and Coastal and/or Stream
                  Encroachment will require both FW- I and CP- I application forms. Only one original
                  CP-1 is required for any combination of Coastal and Stream Encroachment permits.
                  However, the appropriate number of copies of this form will be required according to
                  each progrards requirements.




















                                                       AM 12






   k















                0



                0
                         7
        SECTION A IV


    HOW To OBTAIN A LETTER
      OF INTERPRETATION
             (1011



   LL..                    Md I










                                     State of New Jersey
                          Department of EnvironmentaI Protection and Energy
                                    Environmental Regulation
                                   Land Use Regulation Element
                                          CN 401
     Scott A. Weiner                Trenton, NJ 08625-0401              Robert A. Tudor
     Commissioner                     March 1992                          Administrator

                  RE: Freshwater Wetlands Protection Act Guidance
                       How to obtain a Letter of Interpretation

          Dear Sir/Madam:

               In response to your request for information on how to
          determine whether freshwater wetlands, State open waters,  and/or
          transition areas occur on your property, the following guidance
          is provided. The Freshwater Wetlands Protection Act established
          the Letter of Interpretation (LOI) as the written instrument by
          which the Department documents its findings with regard to the
          occurrence of freshwater wetlands, State open waters and
          transition areas on a given parcel of land.

                    A copy of the Freshwater Wetland Protection Act
               Rules (N.J.A.C. 7:7A-1 et seq.) is enclosed.
               Subchapter 8 is devoted to the policies and procedures
               for Letters of Interpretation. Other portions of the
               rules will also apply if you are considering any
               regulated activities in freshwater wetlands, State open
               waters or prohibited activities in transition areas.

               To make a preliminary investigation of your property for
          freshwater@wetlands and State open waters, you should consult the
          New Jersey Freshwater Wetlands Maps (if completed for your area)-,
          U.S. Fish and Wildlife Service's National Wetland Inventory
          (N.W.I.) Maps and the U.S. Soil Conservation Service's County
          Soil Survey Maps. The municipal clerk's office should-have the
          New Jersey Freshwater Wetlands and N.W.I. maps on file for
          examination, while the local Soil Conservation District has the
          County Soil Survey and can assist you with interpretating the
          survey. Due to the scale and methods used to compile both of
          these maps, they can be good indicators of the presence of
          freshwater wetlands and State open waters on or adjacent to a
          property, but they are not sufficiently accurate to meet the
          requirements of the Freshwater Wetlands Protection Act. The Act
          generally requires an onsite examination of vegetation, soils,
          and hydrology before the limits of freshwater wetlands or State
          open waters can be delineated.

               The Department has four different types of Letters of
          Interpretation available which you can request to be performed,
          depending on your situation and the size of the p@7operty. All
          LOIs contain a notice of resource value classification if
          wetlands are present on or adjacent to your site. This
          information is used as the basis for determining the standard

                                Newjersey Is an Equal Oppormnity Ernployer
                                        Pecycled Paper

                                     A-IV 1









           transition area width. If your property is less than one acre,
           we recommend that you request number III discussed below.

           I. Presence or absence determination

                The Department will investigate any property, regardless of
           the size, for the presence or absence of freshwater wetlands,
           State open water and transition areas. This type of LOI is
           usually performed when someone believes their property contains
           no freshwater wetlands, State open waters or transition areas and
           needs a letter from the State to verify this. The information
           required for this type of LOI is noted on the attached checkoff
           list, as well as at N.J.A.C. 7:7A-8.3(a), items 1 thru 11.

           II. Footprint of disturbance - Presence or absence determination

                The Department will investigate the "footprint" of a
           proposed development where the disturbances (clearing, grading
           and construction) are less than one acre in size on any size
           property.to determine the presence or absence of freshwater
           wetlands, State open waters and transition areas in the
           footprint. This type of LOI is performed when someone is
           developing an area one acre or less in size on a property greater,
           than one acre, and they want to know if where they are planning
           to develop contains any freshwater wetlands, State open waters or
           transition areas. The Department will investigate multiple
           applications for this type of LOI on a single Block or Lot or
           Right of way. The information required for this type of LOI is
           noted in the attached checkoff list, as well as at N.J.A.C. 7:7A-
           8.3(a), items 1 thru 11 and at N.J.A.C. 7:7A-8.3(b)l.

           III. Delineation of freshwater wetlands, State open waters and
                 transition areas for property under one acre

                The Department will delineate freshwater wetlands, State
           open waters and transition areas on property less than one acre
           in size as defined by Block and Lot or Right of Way description
           on a tax map. The information required for this type of LOI is
           noted in the attached checkoff list, as well as at N.J.A.C. 7:7A-
           8.3(a), items 1 thru 11.

           IV. Regulatory line verification by the Department

                The Department will verify freshwater wetland, State open
           water, and transition area boundaries proposed by the applicant
           for any size property. This type of LOI is performed for
           properties greater than one acre in size to confirm the extent of
           State regulated freshwater wetlands, State open waters and
           transition areas. The limits of the parcel or right of way must
           be defined by municipal tax Block(s) and Lot(s) boundaries or
           municipal tax map right of way description. This LOI requires
           the delineati'on of the proposed freshwater wetlands boundary line
           using the three-parameter methodology (Unified Federal Method for
           Identifying'and Delineating Jurisdictional Wetlands, January
           1989), as well as State open waters, on and/or adjacent to a.
           property (in order to identify the appropriate transition area
           onsite). You would then submit the required information to this

                                        A-IV 2









          office as noted in the attached checkoff list, as well as at
          N.J.A.C. 7:7A-8.3(a), items 1 thru 11 and at N.J.A.C. 7:7A-
          8.3(b)2. The Department will then examine the proposed
          boundaries, usually through a site inspection, and confirm the
          extent of freshwater wetlands, State open waters.and/or
          transition areas on the site.

               The fees for Letters of Interpretation are described in the
          attached fee schedule, as well as at N.J.A.C. 7:7A-16. The fee
          for LOI number I is $100, $200 for LOI number II and $250 for LOI
          number III, while the fee for number IV is based on the acreage
          of the site.

               If you have any questions about obtaining a Letter of
          Interpretation after reading the Rules, please contact the Land
          Use Regulation Program at the above address or at (609) 292-1235.


                                        sincerely,


                                        Robert Tudor,
                                        Administrator

          Enclosures: LOI - Checkoff Lists for Information Required
                       Fee Schedule
                       Freshwater Wetlands Protection Act Rules






































                                        A-IV 3











                               LETTERS OF INTERPRETATION
                        CHECKOFF LIST FOR INFORMATION REQUIRED

                      FOR FRESHWATER WETLANDS, STATE OPEN WATERS
                                ,AND/OR TRANSITION AREAS

             GENERAL REQUIREMENTS FOR ALL TYPES OF LETTER OF
             INTERPRETATION

             (a) The application for a letter of interpretation shall
             include the applicable fee for the review and processing of
             a letter of interpretation application specified at N.J.A.C.
             7:7A-16.2,and three copies of the following information:

                       1. Name and address of owner(s) of the property,
             municipality, county, block and lot number(s) or ROW
             description;

                       2. A folded out-bound survey of the property or a
             folded site plan, if available. If the applicant is applying
             for a Presence or absence determination pursuant to N.J.A.C.
             7:7A-8.2(a)l, a tax map may be substituted to satisfy this
             requirement. The survey or site plan should include all
             natural or human-made features such as structures, fences,
             streams, ponds, treelines, etc. In addition, the corners of
             the property boundary shall be visibly flagged and/or staked
             in the field to facilitat4@_the on-site inspection.

                            a. For a letter of interpretation for a
             footprint of disturbance - presence or absence determination
             pursuant to N.J.A.C. 7:7A-8.2(a)2 the limits of all
             disturbance of any proposed regulated activities, including
             grading, shall be clearly indicated and labeled on an out-
             bound survey with a scale of one inch equals no more than 50
             feet. These limits must encompass no more than one acre in
             total. In addition, the project limits shall be visibly
             flagged and/or staked in the field with numbered flags and
             referenced by matching numbers on the out-bound survey. The
             flags and/or stakes shall be set in relation to known points
             and landmarks if available, so that the limits can be
             reestablished. The Department may at its discretion require
             that the limits of disturbance be surveyed upon completion
             of the field inspection.

                       3. A copy of the current 'municipal tax map for the
             subject property.

                       4. A copy of the appropriate county road map or
             other local street map clearly indicating the location of
             the subject property.






                                      A-IV 4






  A




                      5. A folded copy of the appropriate portion of a
            U.S. Geologic Survey Quadrangle Map for the parcel site with
            the boundaries of the parcel (defined by tax block and lot)
            or project (limits of disturbance) clearly outlined, and a
            determination of the State Plane Coordinates for the center
            of the parcel. The accuracy of these coordinates should be
            within 50 feet of the actual point. For linear projects,
            the applicant shall provide State plane coordinates for the
            end-points of those projects which are 1999 feet or less,
            and for those projects which are 2000 feet and longer,
            additional coordinates at each 1000 foot interval.

                      6. A copy of the appropriate United States
            Department of Agriculture, Soil Conservation Service County
            Soil Survey sheet, with the boundaries of the subject parcel
            (defined by tax block and lot) or project (limits of
            disturbance) clearly outlined. Include the sheet number of
            the Soil Survey.

                      7. For the copies.of the applications submitted to
            the Department, clear color photographs of the property (a
            minimum of four views is recommended) with description and
           .location of each view.


                      8. Verification that a certified mail notice with
            return receipt requested (white receipt or green card is
            acceptable) and a complete copy of the request for a letter
            of interpretation including all materials required by this
            subsection, have been forwarded to the clerk of the
            municipality in which the parcel or project is located.

                      9. verification that certified mail notice with
            return receipt requested (white receipt or green card is
            acceptable) has been forwarded to the environmental
            commission, or any public body with similar
            responsibilities, the planning board and the municipal
            construction official of each municipality, and the planning
            board of each county in which the parcel or project is
            located and landowners within 200 feet of the legal boundary
            line of the subject property or properties. Applicant must
            also provide a list of landowners within 200 feet. The
            written notices satisfying this item and item 9 above may be
            filed concurrently with notices required pursuant to
            N.J.S.A. 40:55D-1 et seq. (The Municipal Land Use Law), but
            should be mailed no sooner than two working days before the
            application package is delivered to the Department. This
            will allow ample time for the application to be processed to
            accommodate public review.   The written notice shall
            include, at a minimum, the following information and
            statement:








                                     A-IV 5










                             a. The name(s) and address(es) of the
             property owner(s);

                             b. The property location described by
             block(s) and lot(s), municipality, county, and street
             address;

                             c. A description of the proposed project.or
             the reason for  applying for a letter of interpretation; and

                             d. The following statement:

             "This letter is to provide you with legal notification that
             the referenced property owner is applying to the New Jersey
             Department of Environmental Protection and Energy, Land Use
             Regulation Element for a letter of interpretation.

             A letter of interpretation is a legal document that
             establishes either the presence orabsence or limits of
             wetlands, open water or transition areas on a subject
             property as defined at N.J.S.A. 13:9B-1 et seq. The width
             of the transition area adjacent to a wetland is determined
             by the resource value classification of the wetland. This
             information is also provided by a letter of interpretation.
             If any of these features are,present on a parcel the
             Department will regulate many aspects of'development on
             those areas as defined in N.J.A.C. 7:7A-1.4, Regulated
             activities.

             The complete letter of interpretation application package
             can be reviewed at either the municipal clerk's office or by
             appointment at the Land Use Regulation Element office at the
             address listed below. The Department welcomes comments and
             any information that you may provide concerning the presence
             of wetlands, open water or transition areas on the
             referenced parcel. Written comments should be submitted
             within 15 days of receiving this letter. Comments will be
             accepted until the Department makes a decision on the
             application. Please submit your written comments along with
             a copy of this letter to:

                  New Je:@sey Department of Environmental Protection and
                  Energy
                  Land Use Regulation Element
                  .Bureau of Regulation
                  CN 401
                  5 Station Plaza
                  Trenton, New Jersey 08625
             att: (County in which the property is located) Section Chief








                                         A-IV 6









             As part of the Department's review of this application,
             Department personnel may perform a site inspection on your
             property.  This site inspection will involve only land
             within 150 feet from the applicant's property line. This
             site visit will involve a visual inspection and possibly
             minor soil borings using a 411 diameter hand auger. The
             inspection will not result in any damage to vegetation or
             any improvements on your property.

             The Department will notify the environmental commission, the
             planning board of the municipality and the municipal
             construction official of the Department's determination in
             the letter of interpretation."

                          _e. If the proposed project involves a linear
             facility such as a pipeline or road of more than .5 miles,
             instead of notifying all landowners within 200 feet of the
             property(ies) lines, the applicant shall give public notice
             by publication of a display advertisement. The
             advertisement'shall be a minimum of four column inches and
             be published in at least one newspaper of local circulation
             and one of regional circulation in the municipality. In
             addition, notice shall be given to owners of all real
             property within 200 feet of any above above surface
             structure related to the linear facility, such as pumping
             stations, treatment plants, power substations, grade
             separated interchanges or similar structures. This does not
             include utility support structures or conveyance lines.

                       10. Unconditional written consent by the owner of
             the subject property to allow access to the site.by
             representatives or agents of the Department for the purpose
             of conducting a site inspection or survey of the freshwater
             wetlands, State open waters or transition areas thereon.

                       11. A fee pursuant to N.Z.A.C. 7:7A-16, as
             indicated on the printed fee schedule which is available
             from the Department.

             ADDITIONAL INFORMATION REQUIREMENTS FOR REGULATORY LINE
             VERIFICATION BY THE DEPARTMENT
                        I
                       1. The applicant shall provide a folded out-bound
             survey or folded site plan of the property. The scale of
             the survey shall be one inch equals no more than 100 feet.
             If the subject parcel is located in either Middlesex or
             Mercer County or north of these counties, the survey must
             include topography depicting contours at no greater than
             five foot intervals. For counties south of Middlesex and
             Mercer, the survey must include topography depicting, at a
             minimum, two foot contours.






                                       A-IV 7










                             a.  The proposed wetlands and/or open waters
              boundary must be clearly indicated and labeled on the out-
              bound survey. The boundary must be accurate enough to allow
              Department personnel to locate the wetland boundary in the
              field. A surveyed line will only be required after the line
              has been verified by,the Department and only for properties
              of five acres or more.

                             b. The locations of all soil borings or
              pits, if applicable, shall be indicated on the survey and
              numbered.

                        2. Soil logs should be presented with an
              indication of the depth to the seasonal high water table.
              Soil borings must be to a minimum depth of 24 inches on
              transects perpendicular to the wetlands boundary starting 'in
              the definite wetlands area and moving towards the uplands.
              In wetlands with atypical characteristics, or in wetlands
              which have been disturbed by human activities or as
              otherwise deemed appropriate, the Department may require
              deeper borings as needed.

                        3.   Vegetative species, recorded at soil boring
              locations, and classified using United States Fish and
              Wildlife Service categories as listed under 11R/IND11 and
              "NAT-IND" (Regional and National Indicators) columns in the
              "National List of Plant Species that occur in Wetlands:
              1988-New Jersey" and amendments thereto, compiled by the
              USFWS, United States Army Crop of Engineers (Corps), USEPA
              and the United States Soil Conservation Service.

                        4.   The wetlands and/or open water boundary line
              shall be visibly flagged and/or staked in the field with
              numbered flags, placed no greater than 75 feet apart, and
              referenced by matching numbers on the out-bound survey. The
              flags and/or stakes are to be set'in relation to known
              points and landmarks if available, so that the boundary'can
              be re-established


                        5. Name of the person who prepared the proposed
              wetland and/or open'water boundary.














                                        A-IV 8






  "I


0


               0



               m






             I
        SECTION A V   7

        AGRICULTURAL
      BEST MANAGEMENT
       PRACTICES [OR
    NEW JERSEY WETLANDS
* I Ll.. -















                        AGRICULTURAL BEST - MANAGEMENT PRACTICES
                                FOR NEW JERSEY WETLANDS



              New Jersey's wetlands are a valuable natural resource that
              require protection from the damaging effects of modern
              society. In addition to providing a unique habitat for an
              abundance of wildlife, our wetlands insure a stable supply
              of high quality water by providing flood protection,
              shoreline stabilization, streamflow maintenance and,
              groundwater recharge. Wetlands act as a biological filter to
              the surface waters entering their reach, trapping and
              stabilizing sediment and chemicals.

              In recognition of the importance of wetlands, federal and
              state laws exist which are designed to protect our wetlands.
              The New Jersey-Wetlands Task Force was established by
              Rutgers University in response to concerns expressed by the
              agricultural community and leaders of several agricultural
              support groups. The objective of the Task Force was to
              identify and describe agricultural management practices
              which can be used without adversely affecting the State's
              wetlands.


              The work of the Task Force will produce a manual enumerating
              the best management practices, along with interpretations,
              clarifications and recommendations that have been developed
              for permits and exemptions.. These will serve to promote
              agriculture and protect the State's wetlands and open
              waters.

              This work when completed will be published, made available
              to.the public and included in the Freshwater Wetlands
              Technical Manual.






















                                      A-V I






  I


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              0



              0




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     sn
     @ 9%









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                   7
      SECTION A Vi


     BEST MANAGEMENT
      PRACTICES FOR
    o Ullo CONTROL AND
  I FRESHWATER WETLANDS
 1@     MANAGE-MINT








                     BEST MANAGEMENT                            PRACTICES

                           FOR MOSQUITO CONTROL

                                                  AND

            FRESHWATER WETLANDS MANAGEMENT




















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                                                                                      71







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                  BEST MANAGEMENT PRACTICES FOR MOSQUITO CONTROL
                        AND FRESHWATER WETLANDS MANAGEMENT,





                A Manual of7reshwater Wetland Management Practices
                        for Mosquito Control in New Jersey




         Authored and illustrated by: George O'Carroll, Middlesex County
                                        Mosquito Commission.






         Edited by:     Dr. Kenneth W. Bruder, Administrator, Office of
                        Mosquito Control Coordination, N.J. Department
                        of Environmental Protection






         Cover Photo: Courtesy of Dr. Wayne J. Crans, Department of
                       Entomology, Rutgers University




























                                       A-VI i J




















                  "It Is always true that If you treat the land

                  properly,  you have to make two choices.       The

                  first Is in the area of economics. It costs more

                  money, at least at first, to treat the land well.

                  The second choice In that It usually takes longer

                  to treat the land properly. And these are the

                  two factors that lead to the destruction of our

                  environment: money and tine - or to say It

                  another way, greed and haste. The question is,

                  or seems to be,.aro we going to have an Immediate

                  profit and an immediate saving of time, or are we

                  going to do what we really should do as God's

                  children?"



                                      Francis A. Schaffer
                                      FROM: Pollution and the Death
                                             of Man


















                                       A-VI

















                                   .TABLE OF CONTENTS




                                                                           PAGE




        Acknowledgements    . . . . . . . . . . . . . . . . . . . .        1

        List of Figures    .. . . . . . . ... . . . . . . . . . . .        3

        Introduction   . . . . . . . . . . . . . . ... . . . . . .         5


        The Freshwater Wetlands Protection Act of 1987        . . . . .    8


        Administrative Procedures for Issuance of General
        Permits for Mosquito Control Wetlahd Management      . . . . .     9

              Submission of Proposed Project
              Submission of Site Specific Project Proposals

        Guidelines for Preparation of Wetland Mosquito
        Control Management Plan      . . . . . . . . . . . . . . . .       12

        Delineation of Freshwater Wetlands      . . . . . . . . . . . .    13

              Wetland Hydrology
              Wetland (Hydric) Soils
              Hydr1c Soll Boundary & Depth
              Wetland Vegetation Boundary
              Soll Stabilization In Managed Wetland Areas
              Vegetation Disturbance
              Excavation Equipment

        Endangered and Threatened Species of New Jersey         . . . .    20

        Basic Principle of Wetland Management for
        Mosquito Control   . . . . . . . . . . . .. . . . . . . . .        22

        Basic Practices for Freshwater Wetland Mosquito
        Control Management    . . . . . . . . . .. . . . . . . . . .       23

              Shallow Channel Restoration
              The Drainage Swale
              The Low Level Management Sill






                                            A-VI iv














         Applied Best Management Practices for Mosquito
         Control in:   . .. . . . . . . . . . . . . . . . . .. . . . 29

              Stream Corridor Wetland Management
              PalustrIne Freshwater Wetland Management
              Isolated Wetland Management
              Construction Disturbed Freshwater Wetland
                 Management
              FWVL Mosquito Habitat within Detention Facilities
                 Stormwater Management Facility Nomenclature,
                   Functions, and Failures
                 Stormwater Facility Management Procedure
              Mitigation Wetland

         Apendices   . . . . . . . . . . . . . . . . . . . . . . .   59

              Appendix I - Definitions

              Appendix 2 - Freshwater Wetland Plant Types
                           Occurring in Now Jersey

              Appendix 3 - Grasses for Conservation in
                           the Northeast

              Appendix 4 - Endangered/Threatened-Fauna
                           of Now Jersey

              Appendix 5 - New Jersey Plants Under Review
                           for Federal Listing as Endangered
                           Species

              Appendix 6 - Freshwater Management Ponds

              Appendix 7 - Wetlands Permit Application  Form

         References . . . . . . . . . . . . . . . . . . . . . . . .  74'

















                                      A-VI v

















                                ACKNOWLEDGEMENTS




            The author and editor gratefully acknowledge the assistance
       of Patricia Dreyer and Karen Stokes. Pat diverted considerable
       time from her duties as Administrative Secretary for              the
       Middlesex County Mosquito Extermination Commission to patiently
       translate    and type the early -drafts of         the   "Management
       Practices".


            Karen then worked diligently within the Office of Mosquito
       Control Coordination (NJDEP), providing -the manual input for
       final editing and text organization. Their efforts and patience
       are much appreciated by the author and editor.


                                REVIEW COMMITTEE



            Representatives    from the following Federal and          State
       agencies   provided valuable review and comment during            the
       development    of these wetland management       practices.      This
       contribution of constructive criticism and recommendations by
       concerned natural resource professionals has served to assure
       that these Best Management Practices are consistent with the
       Intent of the New Jersey Freshwater Wetlands Protection Act of
       1987.


            New Jersey Department of Environmental Protection
            Office of Mosquito Control Coordination
            Trenton, NJ


            US Fish and  Wildlife Service
            Absecon, NJ


            USDA Soil Conservation Service
            Somerset, NJ

            New Jersey Department of Environmental Protection
            Division of Coastal Resources
            Bureau of Freshwater Wetlands
            Trenton, NJ

            New Jersey Department of Environmental Protection
            Green Acres/Recreation Program, Trenton, NJ




                               A-VI 1













             New Jersey Department of Environmental Protection
             Division of Fish, Game and Wildlife
             Trenton, NJ

            .New Jersey Department of Environmental Protection
             Division of Parks and Forestry, Trenton,-NJ

             Now Jersey Department of Environmental Protection
             Division of Coastal Resources
             Bureau of F2oodplain Management, Trenton, NJ

             US Army Corps of Engineers
             Philadelphia, PA

             US Environmental Protection Agency
             Region II, New York, NY





































                               A-V 1 2

















                                 LIST OF FIGURES




      FIGURE           DESCRIPTION OF FIGURE                           PAGE


      Figure  1        Hydr1c soil boundary determination.             16

      Figure  2        Cross section of channel showing water
                       level within or near hydric zone.               23

      Figure  3        Cross section of stream channel showing
                       recommended minimum water depth.                24

      Figure  4        Cross section of typical recommended
                       freshwater wetland management swale.            25

      Figure  5        A typical management swale sill
                       Installation.                                   26


      Figure  6,       Recommended swale sill and flow barrier.        27

      Figure  7        Multiple management sill Installation
                       In FWWL's with 2 percent or more surface
                       grade.                                          27

      Figure 8         Typical sill installation showing stone
                       apron to reduce swale erosion.                  28

      Figure Sa        Typical channel sediment screen with
                       protective rip-rap dike.                        31

      Figure.8b        Hand auger soil borings  to determine
                       hydric soil depth.                              33

      Figure Sc        Channel desilting proceeds downstream.          33

      Figure 8d        Restored channel water level.                   34

      Figure Se        Restored channel meanders.                      34

      Figure 8f        Profile of Fishway (courtesy soil
                       conservation service).                          35

      Figure Sg        Regrade and stabilize spoil.                    36



                               A-VI 3












         FIGURE          D9SCRIPTION OF FIGURE                             PAGE


         Figure   Sh     Schematic floodplain management plan..            37.

         Figure  9       Retention of hydric soil saturation within
                         restored woodland ditches by use of
                         management sill.                                  38

         Figure   9a     Section view of hydraulic connection
                         of management swale to pervious
                         upland soil.                                      40

         Figure 9b       Plan view showing management swale
                         hydraulic connection to upland soil.              41

         Figure 10       Section view showing vertical hydraulic
                         connection from isolated freshwater
                         wetland to unsaturated sub-so12.                  42

         Figure 11       Sediment obstructing detention basin
                         outlet.                                           52

         Figure 12       Plan view    low flow channel.                    52

         Figure 13       Transverse basin floor grade.                     53

         Figure 14       Crushed stone erosion protection at
                         detention basin inlets.                           53

         Figure 14a      Mosquito productive basin due to    high
                         water table.                                      54

         Figure 14b      Basin floor raised above ground water
                         table.                                            54

         Figure 14c      Deepen basin to provide adequate
                         water depth for fish habitat.                     55

         Figure 15       Modified basin floor with recharge
                         enhancement added.                                55*

         Figure 16       Modified basin floor with valve control
                         outlet.                                           56

         Figure 17       Created FWWL design for.mosquIto control.         58






                                 A-VI 4















                                   INTRODUCTION




            Although wetland values have been recognized for many years,
       efforts to preserve freshwater wetlands through regulation are
       relatively recent. Public agencies such an the US Environmental
       Protection Agency are actively engaged In wetland research of a
       basic and applied nature. Private organizations like the Society
       of Wetland Scientists are actively engaged In the training of
       wetland managers through publications and seminars.

            Both the US Environmental Protection Agency and the New
       Jersey Department of Environmental Protection have identified
       urban quality stormwater runoff as a major pollutant which often
       contains high concentrations of toxic materials. Large volumes
       of this pollutant are regularly flushed from developed areas into
       wetlands throughout much of the State. Sedimentation from both
       agricultural and construction activities has also been a major
       source of degradation of freshwater wetlands, particularly those
       situated within stream corridors.


            A report on urban stormwater contaminants, by the New Jersey
       Department of Environmental Protection, concluded that stormwater
  0    runoff must be considered as a sianificant contributor to
       3ecradation of ground and surface waters and to the violation of
       water guality standards.* The report also identified pollution
       7n stormwater runoff from urban and urbanizing areas as a major
       environmental problem.     It is reasonable to conclude           that
       repeated recharge of freshwater wetlands by urban type stormwater
       runoff will have a significant and cumulative adverse impact upon
       that wetland environment. These destructive Impacts include the
       lose of natural mosquito predators, and fluctuating wetland water
       levels. These conditions often create mosquito producing habitat
       which may be in close proximity to residential areas.              The
       preservation of healthy freshwater *wetlands, unpolluted            by
       excessive urban stormwater runoff and/or sedimentation,             is
       therefore   of vital concern to        mosquito control      agencies
       throughout the State.

                        I
       Altered Wetland Hydroloav

            As   upland areas adjacent to freshwater wetlands             are
       developed, the natural hydrology of the wetlands is usually
       disturbed. First, existing ground infiltration is reduced by the

       *NJDEP Draft Issue Paper Stormwater Management and
       Freshwater Wetlands



                              A-VI 5











        construction of Impermeable surfaces such as sidewalks, parking
        lots and streets. Secondly, the radically Increased surface
        runoff Is released Into a detention facility, or nearby wetland
        areas and ' streams.    Consequently, there are predictable and
        pronounced Impacts upon the wetland's hydrologic regimen.       These
        Impacts Include:

             1.   sub-surface wetland recharge diminishes

             2.   the wetlands become dependent upon surface recharge
                  sources and precipitation

             3.   water enters the wetlands from a few concentrated storm
                  water discharge points

             4.   stormwater enters wetlands In surges often at
                  increased rates and volume


             5.   the quality of the stormwater runoff is reduced,
                  delivering toxic contaminants to the wetland.

             Any one of these hydrological changes, In Itself, Is capable
        of degrading or altering the freshwater wotland environment and
        creatifig a mosquito producing habitat.

             Preventative wetland protection realized through regulation
        of stormwater management design Is, therefore, the most effective
        mosquito control procedure In urbanizing areas.           Where    an
        existing wetland system in already experiencing the degrading
        effects of urban runoff, management of the wetland hydrological
        regimen will provide an effective and environmentally responsible
        method of mosquito control without the use of pesticides.

             The New.Jersey Freshwater Wetlands Protection Act of 1987
        will   significantly    reduce the extent      of   more     physical
        encroachment and gross alteration In the State's wetlands.         it
        appears likely, however, that In urbanizing areas the adverse
        Impacts of stormwater runoff will continue to be a source of
        degradation and mosquito habitat production In both on-sIte and
        Impacted off-site wetlands.    Consequently, the demand from the
        general public for continued, and potentially increased, mosquito
        control   water   management   in these impacted      wetlands     is
        anticipated.   NJSA 26:9-1-31  provides the enabling legislation
        for mosquito control agencies  In New Jersey. Operatlng-under the
        mandates of Title 26, county mosquito control agencies have broad
        authority to undertake remedial action "which in its opinion, may
        be necessary for the elimination of mosquito breeding areas, or
        which will tend to exterminate mosquitoes within the county (NJSA
        26:9-21)".



                               A-VI 6











          ongoing research will hopefully provide continuing InsIghts
     Into wetland functions which will assist In the development of a
     better understanding of optimum wetland management technology.
     In the Interim, mosquito control agencies are mandated to address
     wetland mosquito problems, utilizing presently available data,
     and the best management practices available.

          Whether   degraded by urban stormwater runoff or           not,
     freshwater wetland mosquito habitat which impacts residential
     areas, will require attention. Pesticide usage will remain the
     dominant mosquito control option during the active mosquito
     season, between late March and.October.      However, encroaching
     development Is making pesticide applications increasingly more
     difficult in these wetlands. Land development trends throughout
     the State Indicate that effective mosquito control programs
     should Include sensitive physical management of           freshwater
     wetland mosquito habitat.




































                            A-VI 7
















                THE NEW JERSEY FRESHWATER WETLANDS PROTECTION ACT
                       OF 1987 (N.J.A.C. 13:9b-I et seg.)





             The Intent of the Freshwater Wetlands Protection Act is to
       preserve the purity and Integrity of the freshwater wetlands of
       the State from random, unnecessary or undesirable disturbance.
       The ACT does not prohibit all wetland alteration, but does
       clearly establish three broad criteria by which any proposed
       wetland disturbance is to be evaluated. Any disturbance shall
       be:

             1. planned, rather than random;

             2. necessary, and

             3. desirable.



             Mosquito   control management activities      in    freshwater
       wetlands must also satisfy these criteria.        Proper planning,
       which    Includes   documentation of both the       necessity    and
       desirability of wetland management for mosquito control, is a key
       factor of the Best Management Practices.

             The Act mandates that freshwater wetland management for
       mosquito control shall be authorized under a general permit
      .classiflcation.on a State-w1de or regional basis (Section 23.c).
       This general permit category was created to expeditiously allow
       certain wetland activities of a public works, or public health
       nature, which are undertaken in the public Interest, and which
       will have only minimal adverse impact upon wetlands.

















                              A-VI 8















               ADMINISTRATIVE PROCEDURE FOR ISSUANCE OF GENERAL
                PERMITS FOR MOSQUITO CONTROL WETLAND MANAGEMENT





      The application procedure Includes the following steps:.


      STEP 1: Submission of Proposed Prolect


            A county mosquito control agency shall submit a brief
      description of the wetland area proposed-for management, with
      supporting mosquito control documentation to the Administrator of
      the    Office of Mosquito Control Coordination,          within     the
      Department of Environmental Protection.        Following preliminary
      review by the,AdmInIstrator, the county agency will be notified
      by letter whether. to proceed with submission of an                FW-1
      application (Appendix 7) to the Department for final review.

            Preliminary review Information for proposed management sites
      should include the name of the municipality, pertinent location
      details, and a brief description of the nature and extent of the
      mosquito problem.      A county agency may also submit a      list of
      proposed wetland management areas to the Office of           'Mosquito
      Control Coordination for preliminary review. However,        the same
      information should be provided for each site listed.

            It Is recogniied that mosquito control records may     be sparse
      in areas of new mosquito habitat. In general, however,       an effort
      should be made to provide the most complete records in       order to
      expedite preliminary project review.




      STEP II: Submission of Site Specific Prolect Proposals



            Following receipt of written preliminary approval of a
      proposed wetland project, the county mosquito control agency
      shall submit a completed FW-1 application to the Department of'
      Environmental Protection, Division of Coastal Resources, Bureau
      of Freshwater Wetlands, CN 401, Trenton, NJ, for final review and
      approval.






                            A-VI   9












             The applicant agency will receive written notification       of
        permit approval, or denial, within 30 days following receipt      of
        the FW-1 application by'the Bureau of Freshwater Wetlands.          A
        General Permit, Issued by the Bureau of Freshwater Wetlands,      is
        required prior to commencement of each project.

             Each General Permit is valid for a 5 year period unless
        rescinded   by the Department (i.e., Bureau         of    Freshwater
        Wetlands).   Refusal of a county agency to comply with the
        regulations and Best Management Practices will result in the
        suspension of an approved General Permit.

             Each general permit application should contain the following:

             I.   USGS Quad Section with the wetland area marked in red.

             2.   Sketch plan of wetland area Indicating:

                  A.   Approximate wetland area.

                  .B.  Area within wetlands to be managed for mosquito
                       control.


                  C.   Wetland recharge sources, (i.e. road drainage,
                       ground water, storm drainage culverts, etc.).

                  D.   Proximity of proposed management area to
                       residential, Industrial, or commercial areas.

             3.   Type of freshwater wetland mosquito habitat:

                  A.   Stream corridor.


                  B.   Upland forested.

                  C.   Construction generated.

                  D.   Detention facility.

                  E.   Mitigation area.

                  F.   Other.

             4.   Quality of Wetland (NJAC 13:9b-I et seq., Sect.7)

                  A.   EPA - Priority Wetlands        (mosquito     control
                       management may be permitted under general permit)





                              A-VI  10











                 B     Exceptional - (mosquito control management not
                       permitted under general permit)

                 C.    Intermediate


                 D.    Ordinary

                 E.    Severely Impacted

                 F.    Unknown


            5.   A   description of the wetland        mosquito     problem,
                 Including    the   major    species   present,     relevant
                 surveillance data, and past chemical and/or water
                 management activities.

            6.   A   narrative description of      the   best     management
                 practices proposed for the area.

            7.   Verification of required notifications, fees, etc. as
                 detailed     in   instructions    for   general      permit
                 applications.


































                              A-VI 11














                 GUIDELINES FOR PREPARATION OF A FRESHWATER
                  WETLAND MOSQUITO CONTROL MANAGEMENT PLAN





           k freshwater wetland management application for mosquito
      contra I should Include not only a general description of the
      wetland,.but enough site specific information to:

           1.   describe the mosquito producing conditions;

           2.   determine the appropriate best management practices
                to be employed; and,

           3.   facilitate an accurate and timely review of the
                proposed wetland activity by the N.J. Department of
                Environmental Protection.



           The  purpose of this section is to provide county mosquito
      control agencies with basic wetland Information and guidelines to
      assist them In establishing the boundary and character of the
      freshwater wetlands as part of the mosquito control management
      planning process.




























                            A-W 2 2















                      DELINEATION OF FRESHWATER WETLANDS




           The New Jersey Freshwater Wetlands Protection Act requires
      that freshwater wetlands be identified by 3 parameters: wetland
      hydrology, hydric sail, and wetland vegetation.


      Wetland Hydrolo

           Hydrology may be defined as a science dealing with the
      properties, distribution, and circulation of water on the surface
      of the land, In the soil and underlying rocks, and in the
      atmosphere.     For the purpose of mosquito control          wetland
      management planning, three wetland hydrologic features should be
      identified, and recorded on a plan drawing. This site data will
      assist in determining which mosquito control management practice
      will be most appropriate and effective -for a particular site.
      These features are:


           1..   the area and depth of surface water or depth to
                 groundwater within saturated wetland soils,

           2.    the locations of water entering the wetland, and

           3.    the routes (if any) by which water Is discharged
                 from the wetland.



           Field studies are' usually required to provide specific
      details of these site features. However, In' many areas much
      valuable site information is readily available on existing maps.
      Time spent gathering and reviewing existing area mapping is a
      solid investment in the development of a sensitive and effective
     .wetland management plan. Information relative to area roadways,
      drainage features, and residential development, Is basic to an
      understanding of the dynamics which generate and influence
      wetlands In their urbanizing context. Sources of adverse wetland
      Impacts which create and maintain mosquito habitat can often 'be
      identified through existing area map review.

           Several map information sources are readily available.
      These include:

           1.    USGS Quadrangle maps, which contain topographic data,
                 drainage features, and area roadways.
  0                          A-VI 13











               2.    Aerial photography, which provides an overview.of all
                     land and drainage features. However, some experience
                     In aerial photo interpretation may be necessary. to
                     utlll,ze this resource.

               3.    Municipal   and county topographical mapping is           a
                     valuable source of existing land and drainage features,
                     usually providing land surface contours at 1-2 ft.
                     intervals.

               4.    National Wetlands Inventory Mapping (US Fish            and
                     Wildlife Service) Is a primary source of approximate
                     wetland delineation and freshwater wetland typing.

               5.    Though   not   yet available, -N.J.       Department     of
                     Environmental Protection Wetlands Maps will be a source
                     of accurate freshwater wetland delineation.

               6.    USDA   soil conservation soil survey        mapping     and
                     explanatory   reports provide      detailed    information
                     relative to the locations and types of wetland soils.
                     Soil Survey Reports and mapping are usually available
                     from the local SCS district.



               The   presence of surface water Is not in Itself a reliable
          Indicator  of the presence of freshwater wetland. For the purpose
          of mosquito control management within a confirmed             wetland
          however, measurement of the observed ar       ea of surface water
          mosquito habitat should be one of the initial iteps toward the
          development of a management plan. The area of surface water
          should, therefore, be determined and sketched onto a management
          plan drawing.     Additionally, all sources of flow Into the
          wetland, as well as discharge routes, should be added to the plan
          drawing.

          Wetland (HYdrIc) Soils

               Hydric. soils develop naturally In wet depressions, on
          floodplaIns, on seepage slopes, and along the margins of inland
          waters., Hydrl'c soil *has been defined by the U.S.D.A. Soil
          Conservation Service as soil that Is either saturated at or near
          the soil surface with water that Is lacking free oxygen for
          significant periods during the growing season, or              flooded
          frequently    for   long periods during the        growing     season.
          Hydric soils are separated Into two major categories on the basis
          @of soil composition. These Include:





                                  A-VI 14






            1.   O-rganic   Hydric Soils (Histosols) -         Soils    w hich
                 originate  from a build up of organic matter, subjected
                 to long    periods of flooding, or saturation.          These
                 saturated  soil conditions impede aerobic decomposition
                 of organic materials such as leaves, stems and roots,
                 and encourage their accumulation as peat or muck, over
                 time.    Organic soils are consequently dark in color,
                 poorly' drained, and contain partially            decomposed
                 vegetative matter.

            2.   Mineral Hydric Soils - Soils which are predominately
                 gray in color with variable "Mottling" of bright
                 colors. A typical mineral hydric     "soil core is composed
                 of a few Inches of organic material at the surface
                 underlain by gray, yellow or orange sands, progressing
                 to sandy clay, and finally clay.       The characteristic
                 color mottling usually occurs as an orange or rust
                 "Speckling" within the clay or sandy clay layer.




      Hydr1c Soil Boundary and Depth

            Although surface water, or wetland vegetation can provide
       bservable evidence of a hydric soil condition, accurate soil
       oundary delineation requires some soil investigation.                As
      previously noted, published soil surveys for each county-in the
      State are available from the Soil Conservation Service. In these
      detailed soil reports, all soils are classified, assigned a name,
      described and their,boundaries mapped.        Those soils which tend
      to be poorly drained are identified. However, soil borings are
      needed to obtain site specific data such as the hydric soil
      boundary, its depth, character and depth to ground water.

            The hydrIc soil boundary can be determined by taking hand
      auger soil borings near the edge of the observed wetland (i.e.
      wetland vegetation, surface water) and progressively at 5 or 10
      foot intervals toward the upland. When a soil boring first
      indicates only upland soil characteristics, establish the hydric
      soil boundary midway between that boring and the one preceding
      it. (Figure 1












                               A-VI 15



























                   AM



                           --Mwbr-
                             10


                                                       hydric soll
                                                      boundi y

                                                upland



       FIGURE 1. Hydric soil boundary determination.



            The approximated hydrlc soil boundary Is a useful element of
       a-wetland management plan. More Important however, are the depth
       of the hydric soil zone,.and If the FWWL is not inundated, depth
       to grouhdwater or saturation. The hand auger baring can also
       provide this data with reasonable accuracy If auger @all samples
       are observed carefully and measured as they are taken.       Ground
       water observation borings should be taken several.hours prior. to
       recording In order to obtain accurate soil saturation levels.



       Wetland Vecetation Boundary

            Wetland vegetation provides the most reliable observed
       evidence of freshwater wetland conditions. Wetland vegetation is
       dependent upon seasonal or permanent flooding or sufficiently
       saturated soils to give It a competitive advantage over upland
       plant species. Consequently, the wetland boundary Is located at
       the outer limit of wetland vegetation growth. Unfortunately
      .however, many wetlands do not have abrupt vegetation boundaries,
       but rather, there is a transition area of variable width wherein
       wetland and upland vegetation Intermix.       Accurate delineation
       of   the   freshwater wetland     vegetation   boundary    requires
       Identification of the existing wetland plants, determination of
       species density, and establishing the point at which these
       wetland species are no longer dominant. The mosquito control
       manager should be familiar with the common New Jersey hydrophytes
       and their associated plant communities In order to approximate
       freshwater wetland boundaries.



                              A-VI 16











           As part of the National wetlands Inventory Program, the U.S.
      Fish and Wildlife Service has compiled a list of nearly 1,000
      wetland plants found In the Northeast region of the country.

           This   list categorizes plants by their          frequency   of
      occurrence In wetlands. Those plants that require saturated soil
      or standing water and are always found In wetlands are referred
      to as "obligate" plants (obl.). Plants that can tolerate wet, or
      dry conditions, are termed "facultative" plants.        Facultative
      plants are divided Into three sub-groups:

           1.   facultative wetland species, (facw ) usually found in
                wetlands (66-99% of the time),

           2.   facultative species (fac) found In either wetland or
                upland situations (found In wetlands 66-33% of the
                time), and

           3.   facultative upland species (facu ), generally found In
                uplands, but occasionally found in wetlands.


           Zxamples of these wetland associated plant types o     ccurring
      in Now Jersey can be found in Appendix 2.

           -The wetland boundary is established at the. point       where
      wetland indicator- plant species no longer have a    .  competitive
      advantage over upland species. Wetland and upland plants will
      mix together at this transition zone. When the intermixing of
      vegetation Is an even gradient, the boundary is defined.         The
      boundary line, therefore, Is drawn at the mid-point of that zone.

           In situations where predominately facultative plant species
      are found, the ecological association of that community must be
      examined to determine if the area Is a wetland.


      Soil Stabilization In Ma@aced wetiand Areas

           minimum soil disturbance In freshwater  wetlands should be    a
      major objective of mosquito control wetland  management practices.
      However, some disturbance will be inevitable, especially in
      stream   corridor   management where channel       restoration    Is
      undertaken.

           Restoration of severely Impacted channels in urban or
      agricultural areas may require both sediment removal,            and
      "resculpting" of natural channel meanders.        Both procedures




                             A-VI 17











        generate considerable spoil volume. Where excavated materials
        cannot be feasibly removed from the floodplain, they should be
        regraded. to a depth of no greater than four Inches.      Since a
        considerable area may be disturbed by the regrading process,
        stablllzatlon of these areas Is crucial, especially In stream
        corridors subject to the scouring effects of periodic flooding.

             Usually, indigenous    floodplain vegetative species -will
        revegetate the disturbed areas. However, natural revegetation
        may require considerable time. It Is good practice, therefore,
        to   supplement the natural revegetation process        with     the
        establishment of hardy, soil binding, species of grass  capable of
        thriving In saturated soils. Wetland tolerant grasses   serve two
        purposes:

             1.   they provide soil binding root/rhizome systems, and

             2.   they provide food and cover for wildlife.


             Several species of grass have been designated by the USDA
        Soil Conservation Service as being particularly effective wetland
        soil binders and good wildlife food and cover. A list of the
        grasses recommended by the USDA for soil conservation In the
        northeast US Is provided In Appendix 3.       A mosquito control
        agency may find It-necessary to experiment with varying mixtures
        of these and other-grasses, in order to find the best blend for
        site specific conditions.

             The following blend, developed by the Rutgers University
        Turf Management Department, has proven very successful for
        stabilizing fresh cut stream banks and graded spoil, and provides
        excellent wildlife cover.

                     60% Perennial Rye Grass
                     8% Kentucky Blue Grass
                     8% Penn Red Fescue
                     4X Red Fescue (creeping)
                     20% Reed Canary Grass


             The proper scheduling of wetland  manacement prolects is also
        a very important soil stabilization factor.       Excavation, and
        regrading of the excavated spoil should be completed early enough
        In the growing season to allow adequate time for germination and
        establishment of new vegetation. In the absence of adequate soil
        stabilization, stream corridors, subject to floodplain scouring,
        may suffer considerable winter erosion.




                              A-VI  18













          Wetland waterway restoration, as well as floodplain wetland
    management,    may    entail a moderate amount       of     vegetative
    disturbance.    Any wetland management plan must place a high
    priority on the preservation of existing    'vegetation.    Particular
    attention should be directed toward the protection of the larger
    woody    species.     As a general management       principle,     the
    preservatlon of all   trees should be a primary objective.      Though
    selective. removal    of some smaller trees (411 diameter or less)
    will often be necessary, cutting should not be done randomly.
    W*tland management practices should attempt to limit vegetation
    disturbance to the grasses and understory shrub-scrub plant
    varieties.



    Excavation ESM12ment

          Removal of sediment from impacted waterways usually requires
    excavation equipment with a maximum reach capability.        Adequate
    reach capability Is especially desirable In wetland management
    projects where channel resculpting may require reaching over, or
    around, vegetative stands, as well as the selective placement of
    spoil beyond a 15 foot top of bank buffer.       Wetland management
     quIpment should also be relatively light so as to minimize soil
      mpression and roqt damage to the surrounding vegetation.



























                            A-VI 19













                ENDANGERED AND THREATENED SPECIES OF NEW JERSEY




            The Freshwater Wetlands Protection Act classifies wetlands
       into 3 categories:

            1. exceptional resource value

            2. Intermediate resource value


            3. ordinary resource value


            One criterion of an exceptional resource value wetland shall
       be that endangered or threatened plant species are present, or it
       Is a documented habitat (determined by the Department to be
       suitable for breeding, resting or feeding) for threatened or
      .endangered wild fowl or animal species. The other criterion Is
       that It discharges Into FW-1 waters and FW-2 trout production
       waters and their tributorles.

            often, wetland wildlife or plants attain their endangered or
       threatened status as a direct result of human encroachment and
       physical stress upon their habitat. Continued Industrial and
       residential development throughout the State will Ilk  ely place
       additional stress upon these plants and animals as It also
       contributes to the formation of mosquito habitat.

            County mosquito control agencies should be aware of and
       concerned about any endangered or threatened species within their
       counties and the potential Impact mosquIto-control activities may
       have upon them.

            A list of the New Jersey flora and fauna            presently
       considered threatened or endangered Is provided In Appendix 3 and


            Additional information on New Jersey's endangered and/or
       threatened species may be obtained from the following New Jersey
       State agencies:

                 New Jersey Department of Environmental Protection
                 Division of Fish, Game & Wildlife
                 Office of Endangered and Threatened Species
                 CK 400
                 Trenton, NJ 08625
                 (609) 292-9400




                             A-VI 2 0












               New Jersey Department of Environmental Protection
               Division of Parks and Forestry
               office of Natural Lands Management
               CN 404
               Trenton, NJ 08625
               (609) 984-1339

               New Jersey Department of Environmental Protection
               Division of Coastal Resources
               Bureau.of Freshwater Wetlands
               CN 401
               Trenton, NJ 08625
               (609) 984-0853













































                          A-VI  21















                        BASIC PRINCIPLE OF WETLAND MANAGEMENT
                                 FOR MOSQUITO CONTROL





              The    Freshwater Wetlands Protection Act mandates           that
         freshwater wetlands be identified and delineated by using the 3
         parameter    approach    (hydrology, soils and      vegetation)      as
         established by the US Environmental Protection Agency.

              The Act defines a freshwater wetland as an area that is
         Inundated or saturated by surface water or around water at a
         frequency and duration sufficient to support, and does normally
         support, a prevalence of vegetation typically adapted for life in
         saturated    soil conditions, commonly known         as    hydrophytic
         vegetation.    This definition Indicates clearly that standing
         surface water Is not a necessary feature of freshwater wetland
         hydrology, since sub-surface ground water saturation will alsp
         support some hydrophytic vegetation.

              The Best Manacement Practices for combined moscmIto control
         and freshwater wetland management have been developed upon the
         Principle of convert1na moscm1to yroduc1na surface Inundated
         wetlands to ground saturated wetlands. This management principle
         provides for both the elimination or reduction. of mosquito
         producing surface water, while preserving the essential saturated
         wetland character and function. This management principle has
         little in common with traditional land reclamation practices.

              These Best M anagement Practices are Intended to serve as an
         alternative to continued pesticide usage for the control of
         mosquitoes in the State's freshwater wetlands, particularly in
         those wetlands being Impacted by urban development.


















                                A-VI  22












                  BASIC PRACTICES FOR FRESHWATER WETLAND
                        MOSQUITO CONTROL MANAGEMENT





     Shallow Channel Restoration

          The impact of accumulated sediment within the           stream
     channels of a wetland system may require restoration of the
     waterway prior to management of the floodplain mosquito habitat.
     The removal of up to 2 feet of channel sediment (as per NJDEP
     Stream Encroachment Regulations, N.J.A.C. 7:13) Is generally a
     reasonable standard for wetland waterway management.

          The primary objective of wetland channel restoration for
     mosquito control is to restore flow within the stream banks,
     while maintaining the channel water level within or near the
     hydric soil zone of the floodplain. (Figure 2.) The hydric soil
     zone depth can be reasonably estimated on the basis of soil data
     obtained from shallow soil borings taken near the channel.









                                                    FLOODPLAIN FWWL
       SOIL BORING                                  SURFACE
                   T
                                WATER SURFACE            HYDRIC SOIL
                                                         ZONE






                      Establish Channel Water Level
                        Within or Near Hydric Zone



     FIGURE 2. Cross section of channel showing water level within or
               near hydric zone.






                            A-VI 2 3








            Some c'reatlvlty may be required to establish and maintain
       Adequate water depth within a newly restored channel.    This is
       largely due to the fluctuations In flow normally experienced by
       small waterways during storm events or drought conditions. Also,
       as small watersheds experience urbanization, these  ' fluctuation's
       naturally increase.    Care should be taken to establish the
       desired channel water level during a period of-normal flow so
       that the adjusted water level will be sustained adequately -to
       ensure the Integrity of the wetlands. A minimum- ch*nnel7'*Atet
       depth of two feet Is suggested for small streams in. order@-to
       restore or enhance fish habitat. (Figure 3).







            A%ZONE
                                   IFt. @!

                          2  Ft Channel Water Depth


       FIGURE 3. Cross section of stream channel showing'recomended
                 minimum water depth.


       The Drainace Swale

            The swa2e (Figure 4) Is an effective wet2and management tool
       because of its ability to accomplish the same objectives as 'a
       drainage ditch, but with a greater degree of sensitivity to It's
       surrounding environment.    Lacking defined banks, the drainage
       swale can be fashioned to   blend into the wetland topography,
       while accomplishing its management functions of concentrating and
       removing accumulated surface water.

            Freshwater wetland management swale design will naturally be
       adapted to accommodate site specific conditions.    However, the
       following swale design guidelines are recommended for typical
       mosquito control management sites.




                             A-VI 2 4












          1.   The bottom of the swale (swale invert) should be set
               as high. In the hydric soil zone as site grade
               limitations allow. .   In general, a swale depth of
               between 6-12 Inches Is recommended.

         @2.   Swale* should be constructed in meandering paths,
               avoiding   vegetative    stands and     trees    whenever
               possible.

          3.   All excavated material should be regraded on-site and
               stabilized with moisture tolerant grass varieties.
               Site stabilization or re-vegetation may also include
               planting of wetland shrubs or small trees which are
               indigenous to the area.





                                  3-4 Ft 6-12 ImMs


              HYORIC SOL ZONE





   FIGURE 4. Cross section of typical recommended freshwater wetland
              management swale.




   The Low Level Management Sill

        Topography, hydrology, or soil conditions may make it
   difficult to maintain adequate ground water saturation within
   managed wetlands. Excessive dewatering of the hydric soil zone
   may occur as a result of the following conditions:

        1.    general lowering of ground water due to storm drainage
              alterations, such as storm sewer installation, etc.



                          A-VI 2 5











            2.    the presence of permeable organic hydric
                 soils (peat)

            3.   wetland surface gradients exceeding 1%.


            A "low level sill", or weir (Figure 5) is a simple structure
      of wood, stone, or concrete which can be Installed in a
      management Swale to assist In stabilizing soil saturation.
      CreatIve-combinations of shallow swales and low level management
      sills can be used to "fine tune" the wetland management water
      balance process of converting inundated wetlands to saturated
      wetlands.











                                         MANAGEMENT SILL


                  All





      FIGURE 5. A typical   management Swale sill installation..





          Sill Installation depth should be deep enough to restrict
      surface flow within the management Swale and also impede movement
      of    sub-surface    flow within the       wetland    soil.      Optimum
      Installation depth Is determined by the site soils and hydrology,
      .as well as the desired depth of water to be retained within the
      Swale.    Some experimentation may be necessary to determine the
      best installation.      The depth to ground water, and hydr1c soil
      zone (depth) should be determined and the sills installed to
      create the desired ground saturation level.

            A general recommendation Is to install management sills so
      as to provide a flow-barrIer extending between 12 and 14 inches
      below the Swale bottom. (Figure 6).



                              A-VI 2 6



















                               SILL            SWALE W.E.
                            F

          BOTTOM OF
          SWALE
                            Nor%"
                                         D5D5DVNtMm0ZL@7ZM






   FIGURE 6. Recommended swale sill and flow barrier.





       Where wetland surface grade will cause even a shallow swale
   to excessively dewater the hydric soil, multiple management sills
        be used to lower the water table In steps while maintaining
      1 moisture in the higher elevations of the wetland system.
  1wriface gradient in excess.of 2% will likely require the use of
   tandem 91229. (Flgure 7).










                    FIVWL SURFACE
                   /7_.MANAGEMENT SWALE       WATEft SUR AC@
                                               I " -a mo " Mel

                                 MANAGEMENT ULLS




   FIGURE 7. Multiple management sill Installation ln'FWWL's with 2
             percent or more surface grade.




                          A-VI 2 7
           2











             Wetland management sills and swales In urbanizing areas may
        be subject to periodic surges from stormwater culverts.                    Damage.
        to the sills may occur In the form of washouts or,undercutting of
        the sill.

             Wetland management systems installed In unstable organic
        soils, and those receiving runoff from large culverts will likely
        require     additional        stabilization      protection.        Figure * 8
        illustrates the use of a crushed stone apron and sill base
        support to minimize water damage to the system.











              MANAGEMENT SILL                      36**             FINWL SURFACE
                                                                  F


                                 R.Ow
                                                     CRUSHED OR WASHED
               7f                                    STONE APRON
                         12


               HYDRIC SOIL







        FIGURE S. Typical sill Installation showing stone apron to reduce
                    Swale erosion.














                                   A-VI: 2 8
               ;
                -120
                        W*5
                    ;12

               HYDRIC SOIL



















                  APPLIED BEST MANAGEMENT PRACTICES FOR
                          MOSQUITO CONTROL IN:


                        STREAM CORRIDOR WETLANDS
                       PALUSTRINE WOODED WETLANDS
                       DETENTION FACILITY WETLANDS
                     CONSTRUCTION DISTURBED WETLANDS
                            ISOLATED WETLANDS
                           MITIGATION WETLANDS-











































                          A-VI 29















         Stream Corridor Wetland Management



               Sediment choked channels artlilcally elevate floodplain
         water levels, which reduces the flood storage capacity of the
         floodplain, contributes to road flooding, and often generates
         extensive mosquito habitat.

               Restoration of stream channels may therefore be necessary
         prior to management of the floodplain wetlands. It          should be
         emphasized that the objective of mosquito control stream corridor
         management Is not primarily to Improve channel flood passage. It
         is rather-to return normal stream flow to an Inbank condition in
         order to then convert Inundated wetlands to soil saturated
         wetlands. The following stream corridor management practices and
         guidelines are to be applied with sensitivity and creativity
         toward that objective.


               1.   Minimum Veoetative Disturbance - The wetland management
                    plan   should require minlWu-m       feasible     vegetation
                    disturbance.

                    A.   Initial goal is no tree cutting at all.        Whenever
                         possible, limit disturbance to grasses, and under
                         story    of woody shrubs such as           Huckleberry,
                         Honeysuckle, Alder, etc.

                    B.   A compromise selective cutting of trees under 4"
                         diameter may be necessary. The management plan
                         should designate where larger trees are proposed
                         for removal.

                    C.   Where    feasible,    clear one bank       only.      On
                         meandering channels, alternate the bank cleared,
                         preserving larger trees and vegetation on the
                         outside of channel bends.



               2.   Sediment Containment - Place sediment screens              in
                    channel prior to restoration work as indicated below.








                                  A-VI 3 0












                                                            r&-120 Core Ripr-Rap
                                           liter Fabric Screen Ike absorbs thrust
   UDGWIRE                                                  of flow and forim
                    flltw fabric                            settling pond It

                                                                        431
                                                                            t
                                                                             7
                                                  Channel bad  2.ft. Sedn..17

               4" dia6 law



       TYPICAL FABRIC
       SEDIMENT SCREEN





     FIGURE ea. Typical channel sediment screen.with protective
                  rip-rap dike.


                A.   The channel volume flow, and amounts of suspended
                     sediments, will dictate the most effective type of
                     sediment screens to be employed. In the presence
                     of substantial flow, crushed stone or timbers
                     placed              of the sediment screen may be
                     necessary to absorb the thrust of channel flow.
                     Multiple screens of variable fabric texture are
                     recommended     for channels      experiencing     heavy
                     sediment drift.

                     Hog wire or an equally rigid fence material is.
                     recommended for support of the filtering fabric.
                     Where substantial channel flow Is anticipated,
                     additional timber supports should be added to
                     buttress     the filter frame.       Numerous     filter
                     fabrics are available, but care should be taken to
                     select one w    hich Is capable of passing            the
                     anticipated normal channel flow. Burlap has been
                     found to be a good filter fabric for general
                     @channel usage.





                              A-VI 3 1












                         Sediment screens should be Installed a reasonable
                         distance downstream of excavation equipment in
                         order to take advantage of natural settling of
                         suspended material.     This distance should vary
                         with site conditions, and the anticipated rate of
                         equipment progress. Sediment screens should be
                         Inspected* dally, and the filter fabric replaced
                         when clogged with sediment "flnes".

                    C.   Where possible, utilize road culverts and bridge
                         abutments    to anchor sediment screens.         Such
                         structures should not be used without approval of
                         the appropriate authority.

                    D.   The filter fabric should always be removed from
                         Its   frame when slanIficant precipitation         is
                         anticipated, or the sediment screen may cause
                         increased flooding. Removal of the entire frame
                         should be considered when major storm events are
                         predicted.

               3.   Channel Restoration - The following procedures are
                    recommended for restoration of waterways danaged by the
                    impacts of urbanization or agricultural sedimentation.

                    Some procodures, such as sediment containment, and
                    restabillzation of disturbed areas are applicable to
                    all management site*.

                    The creation or restoration of channel          meanders,
                    however, will usually be more limited due to site
                    conditions and regulatory restrictions. The objective
                    of   wetland channel restoration Is to        create     a
                    naturalistic waterway, which will then         facilitate
                    reduction of floodplaln mosquito habitat with minimum
                    floodplain wetland disturbance.     Recommended channel
                    restoration procedures include:

                    A.   Prior to channel restoration, determine depth of
                         floodplaln saturated soils.      The various soil
                         horizons can be determined by taking hand auger
                         borlngs throughout the floodplain.









                                 A-VI 3 2








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                  C.' The      restored channel water level should            be
                        established and maintained within the range of the
                        floodplain hydr1c soil zone.


                               7 7t         j -0 0 lu @Lc-,,


       FIGURE 8d. Restored channel water level.




                  D.    Natural    channel    meanders should      always     be
                        preserved.    Further, where natural meanders have
                        been lost as a result of channellzation or heavy
                        sediment, their restoration should be attempted as
                        Indicated below.







                        ,RESTORED MEANDER


               ;T - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---

             CHANNEL PREVIOUSLY
             STRAIGHTENED BY OTHERS






       FIGURE Se. Restored channel meanders.






                                A-VI 3 4










                 E.   Where soil conditions and stream bed gradient
                      allow,    construct a pool-riffle        configuration
                      within the restored channel bed.           Alternating
                      pools and riffles within a channel bed combine the
                      benefits of both shallow moving water and the more
                      stable deep water fish habitat.

                      A pool-riffle pattern should not be established
                      randomly within a restored channel, but should be
                      integrated Into the natural variations of flow
                      velocity   within    stream    meanders,    and    the
                      straighter runs between them.

                      Technical    assistance for channel        restoration
                      practice is available through the USDA            Soil
                      Conservation Service, and some municipal or county
                      engineering agencies.














                       Afffle - 113-1/4 NnOth of pool 50-100 tL
                       pool dowmtr@
                                                       W-11t



                                          M illy" qL"MF_





     FIGURE 8f. Profile of Fishway (courtesy of Soil Conservation
                  Service).




                F.    Regrade   and    stabilize    excavated     materials.
                      Regraded excavated materials should be no more
                      than 4 inches deep. Seed disturbed areas with
                      wetland tolerant grasses.




                              A-VI 3 5
















                          Buffer              Maintain Surface Runoff
                                   
                          Regrade spoil to a depth of
                          4 inches or less.



       FIGURE Sq. Regrade and stabilize spoil.


            4.    Floodplain Mosquito Habitat Management


       The procedures for management of productive floodplain mosquito
       habitat Include:


            1.    Excavate shallow swales (6 to 12 Inches)" to convey
                  surface water to stream channel.
            2.    Install low level sills within swales to maintain
                  hydrIc soil saturation as required.

            3.    Minimize vegetative disturbance. Utilize light
                  excavation equipment or hand labor In very sensitive
                  areas, meandering swales around trees and dense woody
                  vegetative stands.

            4.    Extend swales to each wetland recharge source I.e.,
                  storm draInago culverts and natural gullies.

            5.    Regrade and stabilize excavated areas with wetland
                  tolerant grass species.









                              A-VI 3 6
 






                             Dense . . .......
                             Vegetation
                                                          -&AAA
                                                 mc
                                                  5K




                                                          Storm
                         @_Management Swale               Drainage
                                                          Culverts









                                      FWWL ou  ary




                  TYPICAL FLOODPLAIN MANAGEMENT PLAN





      FIGURE Sh.    Schematic Floodplain Management Plan.




      Palustrine Freshwater Wetland Manacement




           The management of-mosquito habitat in Palustrine freshwater
      wetlands employs the same basic practices utilized in floodplain
      wetlands.   However, root systems of the larger and more dense
      vegetation common to forested wetlands may considerably impede
      the construction of shallow swales. Management of some forested
      wetlands may be accomplished more effectively by improving
      existina deteriorated woodland ditches or swales, and connecting
      them to drainage culverts discharging from developing areas..
      This management procedure may prove more.efficient as well as
      less destructive to the root systems of wetland vegetation than
      would new swale excavation.


           Retention of hydric soil saturation may be enhanced by the
      installation of management sills within the restored woodland
      ditches, or within naturally formed swales as Illustrated in
      Figure 9.





                              A-VI 3 7
                                                      ZAAA







                             Existing
                             Woodland
                             Ditch







                                                 -4- Management sin

               sadboalt




      FIGURE 9. Retention     of hydric soil     saturation by use       of
                  management sill within restored woodland ditches.


           1.   Enhancement  of Existing Drainage Systems

                A.    Locate   sources    of water    entering     forested
                      wetlands; such as road culverts, farm ditches,
                      ground sprlng!@, detention basin discharges, etc.

                B.    Locate existing discharge routes.

                C.    Undertake enhancement of forest discharge routes
                      utilizing   low level sills to       regulate     the
                      discharge from the wetland.
                D.    Regrade   and stabilize disturbed      areas     with
                      moisture tolerant grass.

           2.   Creation of New Swale System

                A.    Determine discharge point from wetland.

                B..   Utilizing hand soil borings, establish depth of
                      hydric soil zone.

                C.    Establish   lowest    elevations   throughout     the
                      wetland.


                D.    Excavate swale (6" - 12" depth) from discharge
                      point and through low elevations.

                      - extend swales to each inlet culvert or gully.
                      - meander, swales around large trees or woody
                       bushes and shrubs.

                El.   Install low level sills to regulate flow in swales
                      and enhance soil saturation.




                             A-VI 3 8
                             Ditch












               F.    Regrade disturbed soil and stabilize with wetland
                     tolerant grass species.



     Manacement of Isolated Freshwater Wetlands

          An -isolated wetland is on* which has no known drainage
     outlet to a stream or another nearby wetland area. It may be
     desirable to manage an isolated wetland due to the presence of
     mosquito habitat which Impacts nearby residential areas.          The
     "adjusted resource value" of an isolated wetland in, or near, a
     developing area may be assessed on the basis of three criteria:

          1.   the.area of wetland,

          2.   the quality of the wetland,

          3.   the extent of the wetland's mosquito impact upon area
               residents.



     Isolated Wetland Manacement Practices

          1.   Standard Surface Culvert Outlet


               A.    provide culvert outlet through confining high
                     ground, roadway, utility easement, etc.

               B.    establish culvert outlet Invert 1211-14" below the
                     wetland surface, using the hydric soil zone depth
                     as a guide,

               C.    excavate shallow tributory swales to each storm
                     drainage culvert recharging the wetlands in order
                     to relieve existing standing surface water,

               D.    regrade and stabilize disturbed areas.


          2.   Infiltration Enhancement (Perched System)

                     If   the ground water level is         low    enough,
               Infiltration from an isolated freshwater wetland may be
               enhanced by lateral outlets to pervious upland soils
               outside of the wetland soil boundary, or by vertical
               outlets to subsoils.




                            A-VI 3 9
















                  Lateral Dralnace:

                   A.   use hand borings to establish depth of-hydric soil
                        and depth to ground water.

                   B.   provide controlled outlet to permeable sub-soil.
                        (Figures 9a, 9b)

                   C.   excavate shallow swalas to wetland recharge
                        culverts.


                   D.   restabilize disturbed areas.














                                                    Upland

                                         FWWL      ---
                  FWWL Manawment

                    Swale




                      Hydric Sol                    Infiftfation Afea
                      Boundafy


                     Gfound Watef





       FIGURE 9a.      Section view of hydraulic connection of management
                       swale to pervious upland soil.






                               A-Vi 4 0
 

































                                               JC= 2L.


                                4V -7--

                                          -UN








  WGURE 9b. Plan view showing management swale hydraulic
                connection to upland soil.


         Vertical DrainaLe:

                  .A hydraulic connection between a confirmed wetland
              and underlying pervious soils may be established by
              Installing vertical drainage pipes through the hydric
              soil strata (Figure 10). The upper end of the pipe
              should be used to maintain the desired ground water
              saturation level within the wetland.



    NOTE:     Care should be taken to "repack" the impervious S4OJI
              around the vertical discharge pipe In order to prevent
              excessive dewatering of wetland.










                          A-VI 4 1
 














                       FWWL Surface
                                                      Management Swale


                    FLOW




                                               18  24 in. RCP
                   Unsaturated Sol                        Ground Water




         FIGURE 10. Section view showing vertical'hydraulic connection
                      from Isolated freshwater wetland to unsaturated
                      sub-soil.




         Construction Disturbed Freshwater Wetland-Manacement



         NOTE: The wetland degrading Impacts of construction encompass a
                broad spectrum ranging from the subtle concentration o     f
                heavy metals and hydrocarbons, to the obvious sediment
               .loading or filling of streams and waterways.    Also, some
                adverse Impacts exist as potential damage, In the form of
                proposed site development stormwater management plans.
                Mosquito control agencies have generally reacted In a
                "Janitorial role" to clear the sediment and debris from
                waterways, thus making possible remedial mosquito source
                reduction within stream corridors and wetlands.

                Though remedial mosquito control Is necessary          where
                wotlands have alrisady been impacted, preventative mosquito
               .control has been demonstrated to be an effective method of
                mosquit-o control for areas where FWWL's are under the
                stress of urbanization.

                Consequently, Part B of this section Is considerably more
                detailed In order to provide guidance in the development
                and implementation of a preventative mosquito control
                program for freshwater wetlands.






                                A-VI 4 2
                                             718- 24














                 Post Construction Management (Remedial Management)

                      Recommended*procedures for wetland management for
                 mosquito control in construction impacted areas:

                 A.   Identify the sources of the following wetland
                      degradation agents.

                      (1)  sedimentation

                      (2)  'If illing"
                           site development
                           linear development
                           (a) road bed construction
                           (b) sanitary sewer, utility, installations

                      (3)  poor water quality:

                           urban quality storm runoff
                           septic leachate
                           other point or non-point sources

                 B.   Develop a management plan which includes:

                      (1)  sketch plan of wetland area.
                           sketch details onto municipal tax maps (scale
                           1" - 1001 or 2001)

                      (2)  brief description of:
                           (a) wetland Impacts
                           (b) existing mosquito problems
                           (c) proposed management practices

                 C.   Implement wetland management practices to reduce
                      mosquito habitat.

                      (1)  Stream corridor (channel restoration, and
                        I  floodplaIn management).

                      (2)  Upland   wooded or scrub-shrub      freshwater
                           wetlands


                           - modify existing drainage ways
                           - use swale management procedure.





                            A-VI  43













                          (3)   Restabilize management area

                                (a).wetland grasses, or
                                (b) replant native vegetative   species.
                                (c) utilize crushed stone to stabilize areas
                                    subject to scouring.


               2.   Pre-constructlon Review (Preventative Management)

                          The efficient management of freshwater wetlands
                    for mosquito control begins with minimizing adverse
                    wetland Impacts before they occur.          Experience has
                    shown that properly located, designed, constructed and
                    maintained stormwater management facilities help to
                    reduce the degrading Impacts upon wetlands adjoining
                    developed areas.

                          As    previously noted, the U.S.        Environmental
                    Protection Agency maintains an active research program
                    for the purpose of developing wetland restoration and
                    creation guidelines. Also being researched, Is the use
                    of    wetlands    as treatment mechanism*        for    urban
                    sto *rmwater runoff. One study (EPA - 600/S2-28-82-086
                    Nov. i982), concluded that in nearly. all Instances,
                    wetlands do act to renovate or Improve wat    'er quality to
                    some    extent.    Pollution removal efficiencies         are
                    extremely variable, however, and questions of treatment
                    capacity and long term impacts on -wetlands remain
                    unanswered.     The study concluded that "Indiscriminate
                    discharge of wastewaters.to wetland ecosystems Is not
                    advised."    it should be noted -that indiscriminate
                    discharge of urban storm runoff to wetland -ecosystems
                    Is    common practice today.       And,     the    continuing
                    discharge    of    contaminant-laden     stormwater       into
                    freshwater wetlands is having a significant, Immediate
                    as well as cumulative impact upon mosquito production
                    In urbanizing areas. In view of this situation a pre-
                    construction,     site plan review procedure,          should
                    logically be a part of an Integrated mosquito control
                    program In New Jersey.

                    A.    Sub-division and Site Plan Review Program

                                When correctly, and consistently implemented,
                          a site plan review program will be a               very
                          effective mosquito control procedure.          In New
                          Jersey, mosquito control agencies do not possess


                                   A-VI 4 4











                        direct land use regulatory authority for control
                        of stormwater management practices on development
                        sites.   However, NJSA 26:9 grants authority for
                        county mosquito commissions to perform all acts
                        which in their opinion will exterminate mosquitoes
                        or which will tend to exterminate them.       Mosquito
                        commissions    are also endowed with the          same
                        authority as municipal boards of health In matters
                        relative to mosquito control. However, mosquito
                        commissions can also effectively utilize            the
                        authority of county and municipal planning and
                        engineering agencies by joining a site plan review
                        team.


                             Mosquito     agencies -possess        a    unique
                        perspective, as   agencies which regularly respond
                        to the Immediate and cumulative public health
                        Impacts of construction stormwater         management
                        practices.     When   able    to   articulate     this
                        perspective, mosquito agencies can         contribute
                        Valuable,     fresh  insights    to    planners    and
                        engineers.   More quality mosquito control can
                        often be accomplished with one site plan review
                        report than by months of expensive remedial field
                        work.   Consequently, the disciplined review of
                        stormwater    management    systems    on     proposed
                        development sites is a recommended best management
                        practice.

                  B.    Establishing a Review Program

                             The following procedure Is recommended for
                        initiating and administering a site development
                        plan review program for mosquito control.

                        (1)  Inform the county planning agency of the
                             mosquito agency's desire to provide advisory
                             input on the mosquito related Impacts of
                             proposed stormwater management systems. This
                             initial communication should emphasize that
                             the objective of this advisory input is to
                             enable    the   mosquito    agency    to      more
                             effectively protect the health and comfort of
                             the public, and protect our water resources.
                             A review program can be initiated at the
                             municipal level rather than with the county.
                             A   county level program        is    preferable,
                             however, since the county planning agency's
                             jurisdiction boundaries coincide with those


                                A-VI  45










                              of  the mosquito agency, and most        major
                              development plans are normally forwarded to
                              the county from its municipalities. Municipal
                              relationships may naturally develop as the
                              county   reports reflect     mosquito    agency
                              comments which will be of interest to local
                              environmental commissions or engineers.

                        (2)   Request a set of preliminary site development
                              plans for each proposed development.     These
                              plans   contain   the    proposed    stormwater
                              management Information necessary for mosquito
                              agency review.

                        (3)   A written site revi    'ew report should     be
                              forwarded to the county planning agency,
                              Identifying:

                                 (a) existing on-s1te mosquito problems

                                 (b) existing mosquito problems on
                                     adjoining property.

                                 (c) potential mosquito problems generated
                                     by the proposed stormwater management
                                     plan (SWMP) or site grading.

                        (4)   The    review    report     should      suggest
                              modifications to the proposed SWMF which will
                              either reduce or eliminate the potential
                              mosquito problem.

                        (5)   Provide the county planning board site plan
                              review staff with a county map identifying
                              areas of major existing mosquito problems
                              whlch@ will be sensitive to         development
                              impacts. Major areas of freshwater wetlands
                              and deteriorated stream corridors should be
                              designatedas "mosquito sensitive".

                    C.  The  Site Plan Review Report

                              Sit* plan review for mosquito control should
                        concentrate upon proposed stormwater management
                        practices    and structures, and Involve       other
                        aspects of the site plan only as they may affect
                        mosquito control.





                                A-VI 4 6










                            The  site plan review report should evaluate
                       the following:

                       (1) On-site and adjoining waterways

                            -their existing condition
                            -potential Impacts of any proposed alteration


                       (2)  On-91te floodplalns

                            -existing mosquito habitat
                            -presence of FWWL
                            -potential Impacts on mosquito production by
                             stormwater discharges-or filling


                       (3)  Area topography

                            -potential    impounding of surface      runoff
                             upgrade of site
                            -potential Inundation of downgrade areas by
                             site discharge


                       (4)  Detention facilities

                            Basin design
                            -potential in-basin mosquito habitat
                            -provisions for maintenance

                            Basin location
                            -relative to ground water table
                            -subject to excessive sedimentation
                            -quality of Incoming water

                            Relative to FWWL's
                            -potential dewatering of FWWL
                            -direct   discharge to FWWL     (contaminant
                             impacts)
                            -water level fluctuations In wetlands
                            -general FWWL damage

                            Discharge of basin
                            -adequate rate to prevent mosquito habitat
                            -adequate rate to allow maintenance
                            -outlet protection for small orifice i.e.,
                             trash rack




                               A-VI 4 7












                       (5) Freshwater Wetlands (on-site and off-site)

                            -existing mosquito problem
                            -stormwater Impacts upon mosquito production



       FWWL Mosaulto Habitat Manacement Within Detention Facilities


             In the absence of design and maintenance standards, many
       stormwater management facilities (SWM7) throughout the State have
       developed Into freshwater wetlands.        Many such basins      are
       completely    unmaintainable,   being    overgrown   with    aquatic
       vegetation, and 'often recharged by contaminant-laden urban or
       Industrial quality storm runoff.

             These basins often provide ideal habitat for mosquitoes.
       Mosquito productive stormwater management facilities (SWMF) are
       placing a continually increasing burden upon county mosquito
       control agencies. Now construction, In the absence of regional
       stormwater management planning will require the construction of
       additional on-site detention facilities.

             A New Jersey Department of Environmental Protection funded
       study of the social, and public health Impacts of existing New
       Jersey detention facilities was completed In 1988.               for
       detention facility design, construction, and maintenance, have
       been   generated by this study, and are now available              to
       developers, engineers and planning agencies.       These standards
       provide guidance for the construction and maintenance of new
       -facilities and the upgrading of existing problem basins.



       Stormwater manacement facility nomenclature, functions,
       and failures



       There are three types of detention facl.11ties:

             1.  detention basins, designed to be dry between storm
                 events;

             2.  retention basins or permanent ponds; and

             3.  recharge basins, designed to percolate storm runoff Into
                 underlying soils.




                              A-VI 4 8












       To function efficiently, a detention facility must:

            1.   Be correctly designed for the Intended function.

            2.   Be correctly sited relative -to the area hydrology and
                 soil types.

            3.   Be constructed according to the engineering plan.

            4.   Be adequately maintained for continued functioning.


            Freshwater wetland mosquito habitat will seldom develop in a
       detention facility which has been correctly designed, situated,
       constructed-, and maintained.

            However, many facilities are mosquito problems, placing an
       Increasing burden upon county mosquito control agencies larvicide
       programs.    Major basin modifications may be necessary            to
       eliminate standing water. In many facilities, however, minor
       grading or installation of low flow channels may remedy the
       condition.


            1.   Detention Facility Mosquito Management Procedure

                 A.    Evaluate public need for mosquito management

                       (1) Basin location

                            residential area
                            commercial area
                            industrial area



                       (2) Mosquito species produced

                       (3)  Public opinion regarding the problem basin

                       (4)  Assess existing temporary control procedures

                            larvicide frequency
                            access to basin
                            effectiveness of pesticide applications


                 B.    Determine cause of basin failure: (i.e., failure
                       to completely discharge, or discharge too slowly,
                       aquatic vegetation, overgrowth, etc.)


                            A-VI   49













                       (1)  Design

                            Inadequate floor gradient
                            outlet elevation to high
                            no Inlet stabilization
                            no trash rack protection


                       (2)  Siting

                            high ground water table
                            receding ground water table
                            excessive sedimentation
                            basIn floor "sealed" (recharge basin)
                            heavy   pollutant     loading  (retention   or
                             recharge basin)
                            off-site receiving system inadequate
                            Inadequate recharge


                       (3)  Construction

                            basin floor grading
                            depressions, Inadequate gradient in basin
                             floor
                            Incorrect low flow channel grade
                            basin discharge elevation lower-than receiving
                             stream
                            basin water depth too shallow (retention)
                            soil recharge enhancement needed



                       (4)  Maintenance

                            excessive sedimentation
                            sealed percolation basin floor
                            heavy vegetation (retention basin)
                            frost heave damage to low flow channel or
                             outlet debris accumulation
                            vandalism



                  C.   Select mosquito abatement   option

                       (1) Continue pesticide applications

                       (2) Evaluate feasibility of facility
                            modifications (steps 2 through 5).


                              A-VI 5 0













                  D.   Establish basin ownership

                       (1)  Public ownership     municipal

                       (2)  Private ownership     commercial, Industrial

                       (3)  Homeowners Association      condominiums,
                            apartments

                       (4)  Public agency ownership       N.J. Department
                            of Transportation, (highway basins)


                  E.   Research     existing     maintenance       contracts,
                       agreements, bonds or escrow accounts for potential
                       management funding.

            2.    Detention Basin Modification


                       Mosquito control agencies do not normally perform
                  regular periodic maintenance of stormwater facilities.
                  However, modification of existing mosquito producing
                  detention facilities may be a practical option to
                  continuing pesticide control measures, particularly
                  where   basin conditions, or      location,    limit     the
                  effectiveness of the larvicide   effort.


                       Basin modification plans    should be   developed in
                  cooperation with other public agenciet       such as the
                  municipal engineers office and the Soil Conservation
                  District.   Within a cooperative plan,       however, the
                  focus must be -kept upon mosquito abatement as the
                  priority objective.     Potential cooperating agencies
                  include:


                       A.   municipal engineering department

                       B.   municipal health department

                       C.   U.S. Soil Conservation District.

                       D.   N.J. Department of Environmental Protection

                       The  New Jersey Wetlands Protection Act provides
                  that    the   maintenance and repair        of   stormwater
                  management facilities which contain freshwater wetlands
                  shall be authorized by a General Wetland              Permit
                  (Section 23:C.8).



                                A-VI 5 1













       Stormwater Fa c1lity Management Procedure


       1.  Remove Impediments such as sediment and debris to restore
            complete basin discharge flow (Figure 11)









                                            Outlet

                                       Sediment






       FIGURE 11. Sediment obstructing detention basin outlet..


       2.   Reconstruct basin floor

            (a) establish low flow swale from Inlets to discharge point
                (Figure 12)

            (b) stabilize low flow channel with crushed stone          or
                reinforce concrete Min. 1-2% (grassed 38%) (Figure 12)








                                LOW-FW
                          1-24%  CANnW



                                               ovftt
                                               3"WtWe
                          lift





       FIGURE 422. Plan view    low flow channel.



                              A-VI 5 2
 











           (c) establish lateral floor gradient 1-2% from toe of side
              slope to low flow channel (Figure 1a)





                                    I Too of Side
            ---------------           ------  A   --------

                         1-2%





      FIGURE 13. Transverse basin floor grade.


           (d) provide stabilization at inlets with crushed stone and
              stabilize basin floor with grass seeding (Figure 14)



                  Badn ink7

                              Apron







      FIGURE 14. Crushed stone erosion protection at basin inlets.


      3. Where basin retains shallow water due to a high watertable
          as in Figure 14a, there are two remedial options.










                           A-VI 5 3
                                      T


















                        Basin inlet


                                       W.E.


                                             Ground Water Elev.
              - - - - - - - - - - -     -C  I - - I I - - - - - - - - - - -




        FIGURE 14a. Mosquito productlve,basin due to high water table.


             (a) site conditions allowing, raise floor of basin to at
                  least one foot above ground water elevation and modify
                  facility to function as dry basin (Figure 14b).





                                                 Now Outlet

                                        W.E.


                                          Now Floor
           - - --- - - - - - - - - -             -- - - - - - - - - - - -





        FIGURE 14b. Basin floor raised above ground water table.


             (b) deepen basin

                  (1) to minimum 5 foot permanent water depth (Figure 14c)
                  (11) establish predaceous fish population












                                  A-VI 5 4























                                   Now Flow







       FIGURE 14c. Deepen basin to provide adequate water depth for
                     fish habitat.



       4.   Where recharge basin floor has "sealed"

            (a) "scarify" basin floor to restore percolation to subsoil
            (b) clean or replace seepage pits
            (c) install recharge enhancement trenching in graded floor
                (Figure 15)
            (d) fill   trench with clean stone,        replace     vegetative
                stabilization








                            ftcharge Trench





       FIGURE 15. Modified basin floor with recharge enhancement added.


       5. In residential areas, where off-site basin discharge is
            possible, install small diameter outlet pipe with gate valve
            control (Figure 16)








                                A-VI 5 5














                                  Emergency Gate Valve
                        .Now, Floor@\         Now Outlet .... .. .......
                               FILL
                          ..................................................................................






         FIGURE 16. modified basin floor with valve control outlet.



         Mitigation Wetland

              With recognition that some freshwater wetland loss may
         accompany land development, the Freshwater Wetlands Protection
         Act requires the creation or restoration of wetlands of equal
         !ecological value.   Such compensatory wetlands are created to
         mitigate or reduce the ecological impact of freshwater wetland
         lose within the system.

              Mitigation wetlands are of special concern        to mosquito
         control agencies for three reasons:

              1.   The art of freshwater wetland creation is a relatively
                   now practice, and some developers are unfamiliar with
                   correct procedures.

              2.   FWWL replacement obligations may be imposed on a 2 to-
                   1', or 3 to I ratio. That in, three acres of man made
                   wetland are required to compensate the one acre of
                   natural wetland lost.      Under pressure to       satisfy
                   mitigation obligations, land developers may construct
                   new wotlands incorrectly, resulting in new mosquito
                   habitat near residential areas.

              3.   A   balanced    freshwater wetland     ecosystem,    which
                   encourages mosquito predaceous species, may take years
                   to become established.


              These factors indicate that there is presently a high
         potential for mosquito problems in man-made wetlands.      A first
         step toward addressing this potential problem requires that any


                               A-VI  56
                                  Emergency Gate Valve
                         @wF
                                  @.@Ne@wo











         proposed new  wetland construction In or near to residential areas
         should be reviewed very carefully by local public health and
         mosquito control agencies. In order to encourage and assist such
         review, the Freshwater Wetlands Protection Act Rules in NJAC
         7:7A-11.1 requires that copies of all Individual Freshwater and
         Open Water Fill permit applications be forwarded to the county
         mosquito control agency.

              The Bureau of Freshwater Wetlands will also be forwa        rdIng
         copies of permit applications to the Office of Mosquito Control
         Coordination for their review and comment.

              The county mosquito control agency In cooperation with the
         municipal or county health department should:


              1.    Establish    a file of proposed mitigation          wetland
                    activities within their jurisdiction.

              2.    Request adequate time to review mitigation construction
                    plan proposals prior to permit or site plan approval.

              3.    Become familiar with basic mitigation           techniques,
                    utilizing available professional assistance if needed.

              4.    Develop   In-house capability to       evaluate     wetland
                    construction     plans,   and     aggressively      request
                    modifications which In Its opinion, will prevent the
                    development of mosquito habitat.


             'Interim mitigation wetland research findings are released-
         periodically by the U.S. Environmental Protection             Agency's
         Environmental Research Laboratory. For current Information, and
         to be placed on the program mailing list, contact:


              Wetland Research Program
              Envirorimental Research Laboratory
                  S.W. 35th Street
              Corvallis, Oregon 97333
              Phone: (503) 757-4666


              In the absence of detailed mitigation guidelines, the
         following design criteria are recommended to minimize potential
         mosquito production in man made FWWL wetland creation projects:





                                 A-VI 5 7











             1.   Proposed wetland should have adequate surface gradient
                  to prevent standing surface water accumulations. A 2%
                  grade Is recommended.

             2.   Provide diversity within the wetlands by creating or
                  improving an open water receiving area, such as a pond
                  or stream. The.open water should have adequate     ' depth
                  to support predaceous fish species and shallows (I -ft.
                     to encourage waterfowl usage.

             3.   Utilize wetland grass species and shrub plantings to
                  stabilize new wetland surface.













                                 A7

                               All



                               constructed FWWL


                                              . . . .........








               upland          5'           5V   Constructed  upland
                          ucte  OrW*l Ground     FWWL
                                   Surface

                   2%
               2% Surface Grade to  5* ft.        Safety Ledge
               prevent surface panding




       FIGURE 17. Created FWWL design for mosquito control.



                               A-VI 5 8















                                        APPENDIX 1


                                        DEFINITIONS




           Channel Restoration        removal of sediment and debris from a
                waterway In order to return normal stream flow to within the
                banks.     Preservation of -existing channel meanders          is
                required,    and where feasible, creation of           meandering
                alignments Is recommended.

           Channelization - refers to the straightening, deepening, and
                enlarging of a waterway to allow Increased flood water
                passage.    Channelization may also include creation of a
                trapazoidal channel section stablized by concrete.

           Cumulative Adverse Impacts - means the destructive effects
                resulting from the repetition of minor damage.

           Delineated Wetland (FWWL) - freshwater wetland for which the
                boundaries between its characteristic wetland soil and
                vegetation, and the adjoining upland have been established
                and recorded.

           Endangered Species - those species whose prospect for survival in
                the state are in immediate danger because of a loss or
                change of habitat, over exploitation, predation, competition
                or disease. Immediate assistance is needed to prevent
                extinction.

           FW-1 Waters - means those fresh waters that originate and are
                wholly within Federal or State Parks, forests, fish and
                wildlife lands, and other special holdings, that are to be
                maintained in their natural state of quality (set aside for
                posterity, and not subjected to any wastewater discharges of
                human origin), as designated in the Department's Surface
                Water Quality Standards, N.J.A.C. 7:9-4.

           FWWI, - shall mean protected freshwater wetlands.


           Hydric Soil       a soil that in its undrained condition is
                saturated, flooded, or ponded long enough during the growing
                season to develop anerobic conditions that favor the growth
                and regeneration of hydrophytic vegetation.




                                   A-Vi 5 9












        Hydric Soil  Zone   the depth of hydric, or wetland soil.

        HydrophytIc    Vecetatio     - plants adapted      to   growth     and
             reproduction    under    periodically saturated     root     zone
             conditions durIng at least a portion of the growing season.

       .Infiltration - means the movement of water from the land surface
             Into underlying soils.

        MItIaatIon Wetland - freshwater wetland which Is either created,
             restored, enhanced or deeded to public ownership, as
             compensation for wetland destroyed.

        Saturated Soil - soil lacking free oxygen due to sustained
             surface Inundation, or ground water saturation at or near
             the ground surface.

        Stormwater Contaminants - refers to the dissolved or suspended
             substances commonly present In stormwater runoff from
             urbanized or active agricultural areas.          Typical urban
             source contaminants include hydrocarbons In various forms,
             road salts, pesticides, and heavy metals.           Agricultural
             source comtaminants Include pesticides, animal waste and
             sediment.

        Stream Corridor - the channel, banks, and floodplain of a
             flowing stream.

        SWMF    shall mean stormwater management facility.            -Usually
             reference is to a detention basin.

        The Act   - shall mean the New Jersey Freshwater             Wetlands
             Protection Act of 1987 (N.J.A.C. 13:9b-1 et seq.).

        The Department - shall mean the New Jersey Department               of
             Environmental Protection.

        Threatened Species - are those who may become endangered If
             conditions surrounding the species begin or continue to
             deteriorate.

        Urban stormwater runoff - refers to surface drainage water 'from
             the paved streets, driveways, parking lots and commercial
             sites within developed areas.

        Wetland Hydrologic Recimen - refers to the movement of surface or
             ground water into, within, or from a wetland area.





                                A-VI 6 0
















                                     APPENDIX 2


                           FRESHWATER WETLAND PLANT TYPES
                               OCCURRING IN NEW JERSEY



          1.   Wetland trees

               Red Maple (Acer rubr
               WillOws'(Salix 4!22-)
               Black Spruce (Picea mariana)
               Swamp White Oak (Quercus bicolor)
               Red Ash (Fraximus pennsylvanica)
               Black Ash (Fraximus niara)
               Silver Maple (Acer saccharinum)
               American Elm (Ulmus americana)
               Larch (Larix laricina)

          2.   Wetland shrubs

               Alder (Alnus RyR.)
               Buttonbush (Cephalanthus occidentalis)
               Bog Rosemary (Andromeda alaucophylla)
               Dogwoods (Cornus, op.)
               Leatherleaf (Chamaedaphne calvculata)

          3.   Emergent vecetation


               Cattails (Typha
               Pickerelweed (Pontederia cordata)
               Bulrushes (Sciryus M2.)
               Arrow Arum, (Peltandra virainica)
               Arrowheads (Sacittaria spo.)
               Reed (Phragmites cummunis)
               Wild Rice (Zizania acmatica)
               Bur-reeds (Sparganlum gM.)
               Purple loosestrife (Lythrum salicaria)
               Swamp-loosestrife (Decodon verticillatus)
               Water plantain (Alisma Plantace-aguatida)

          4.   Rooted, floatina leaved vegetation

               Water-lily (Nvmphaea oderata)
               Water shield (Brasenis schreberi)
               Spatterdock (Nuhar M







                                A-VI 6 1
 




     ..............











          5.   Free-floatinc vegetation

               Duckweed (Lemna g2.)
               Big duckweed (Spirodela polvrhizia)
               Water meal (Wolffia spy.)

          6.   Wet meadow vegetation

               Sedges (Carex pM.)
              .Rushes (Juncus p22.)
               Cattails (Tylpha p242.)
               Rice cut-grass (Leersia orvzoldes)
               Reed Canary Grass (Phalarls arundInacea)
               Swamp loosestrife (Decodon vertIcIllatus)

          7.   Boo mat vecetation

               Sphagnum, mosses (Sphagnum 122.)
               Bog rosemary (Andromeda claucophylla)
               Leatherleaf (Chamedaphne calvculata)
               Pitcher plant (Sarracenia Purpurea)
               Cranberries (Vaccinium macro caryon)

          a.   Submerged vegetation

               Pondweeds (Potamogeton l22.)
               Naiads (Nalas 2.422.)
               Bladderworts (Utricularia p4M-)
               wild celery (Vall1sneria americana)
               Coontall (Ceratophyllum demersum)
               Water mIlfoils (Mvrlovhvllum 8!22.)






















                                 A-VI 6 2
 












                                     APPENDIX 3


                     GR ASSES FOR CONSERVATION IN THE NORTHEAST
                         USDA - SOIL CONSERVATION SERVICE


              Tall Fescue (Festuca arundinacea, Schreb-')

              .(Kentucky 31 and Alta)

              A robust, long-lived, deep-rooted, bunchy grass often with
              short rhizomes.    Useful for stabilization of waterways,
              slopes, banks, fills and spoils. Foliage Is eaten by geese,
              deer, and cottontailed rabbits. The plant also provides
              nesting and fall winter cover for birds.

         2.   Reed Canarygrass (Phalaris arundinacea L.)

              An excellent grass for stabilizing waterways, healing and,
              controlling gullies, and protecting shorelines of ponds and
              reservoirs from wave action. Reed canarygrass Is. a long-
              lived clumpy perennial with coarse rhizomes.

         3.   Switchgrass (Panicum vir_qatum, L.)

              Switchgrass is a valuable soil stabilization plant on strip-
              mine spoil. Switchgrass provides excellent nesting and fall
              winter cover, for pheasants, quail, and rabbits. It Is sod
              forming, stiff stalked, and leafy.

         4.   Perennial Ryegrass (Lolium verenne  L.)

              A short-lived perennial, this bunchy grass grows from 1 to 2
              feet tall. It Is used extensively for erosion control. soil
              Improvement, and cover crops.

         5.   Orchard Grass


              Common variety in the Northeastern States, is long-lived
              with dense, bunch type tufts. Used for soil improvements,
              silage, and erosion control.












                                A-VI 6 3













         6.   Red Fescue (Festuca rubla L.)

              An excellent soil binder, this variety is used extensively
              for stabilizing wa.terways, slopes, banks, cuts, and fills.
              Occurs in the creeping and bunch types, with the creeping
              red fescue spreading by short underground stems that form a
              tight, uniform sod. This grass is hardy, wear resistant,
              and shade tolerant. it Is drought resistant, and adapts to
              both sandy and acid soils. Creeping Red Fescue has been an
              outstanding soil binder in poorly drained areas.

         7.   Redtop (Arost1s alba L.)

              A wide spread grass throughout the Northeast, this soil
              binder will grow under a wide variety of soil and moisture
              conditions. It seems no other grass will tolerate so great
              a variety of conditions as this grass. It grow* on very
              acid soild and poor clayey soils of low fertility.   It Is
              drought resistant and is also a wetland grass. Redtop is a
              RhIzomalous perennial grass that makes a coarse but fairly
              dense turf.

         8.   Annual Lespedeza (Lespedeza str1ata)

              Another soil tolerant specie, this grass and'its varieties
              will grow In soil testures ranging from sands to clays, and
              at fertility levels from low to high.    Used for erosion
              control and general soil Improvement, the. Lespedezas also
              provide wildlife food.

         9.   Kentucky Bluegrass (Poa pratensis L.)

              This long-lived perennial grass forms a dense sod, and Is
              used extensively for lawns, playgrounds, etc. It Is also
              used for stabill2ing waterways, slopes, banks, and fills.
              It Is the most common pasture grass In the Northeast,
              providing food for ruffed grouse, turkeys, deer,         and
              rabbits.
















                               A-VI 6 4















                                      APPENDIX 4


                      ENDANGERED/THREATENED FAUNA OF NEW JERSEY


               The following species are listed as endangered on the New
          Jersey State list as of July 20, 1987.


                                       AMPHIBIANS


          Tremblay's Salamander                 Ambystoma tremblavi
          Blue-spotted Salamander               Ambystoma laterale
          Eastern Tiger Salamander              Ambystoma. tiarinum ticrinum
          Pine Barrens Treefrog                 Hvla andersoni
          Southern Gray Treefrog                Hvla chrysocelis

                                       REPTILES
          Atlantic Hawksbill.TurtlelI           Eretmochelys Imbricata
          Atlantic Loggerhead Turtle,           Caretta caretta
          Atlantic Ridley Turtlel               Levidochelve kempi
          Bog Turtle '                          Clemmys muhlenberai
          Timber Rattlesnake                    Crotalus horridus horridus
          Corn Snake                            Elaphe auttata auttata


                                         BIRDS

          Bald Eagle                            Hallaeetus leucocephalus
          Pereqgrine Falconl                     Falco verearinus
          Cooper's Hawk                         Accipter copperii
          Least Tern                            Sterna albifrons
          Black Skimmer                         Rynchoys niaer
          Northern Harrier                      Circus cyaneus
          Short-eared OW                      Asio flammeus
          Pled-billed Grebe2                    Podilymbus podiceps
          Upland Sandpiyr                       Bartramia loncicauda
          Cliff SwalIow                         Petrochelidon pyrrhonota
          Sedge Wren                            Cistothorus platensis
          Henslow's Sparrow                     Ammodramus henslowil
          Vesper Sparrow                        Fooecetes cramineus
          Piping Ploverl                        Charadrius melodus
          Roseate Ternl                         Sterna doucallil
         .Loggerhead Shrike                     Lanius ludoviclanus

                                         FISH

          Shortnose Sturgeon                    Acipenser brevirostrum




                                 A-VI 6 5
 












               The following species are listed as threatened species on
          the Now Jersey State 11st as of July 20, 1987.


                                       AMPHIBIANS

          Long-tailed Salamander                Eurycea loncicauda
          Eastern Mud Salamander                Pseudotriton montanus

                                       REPTILES


          Wood Turtle                           Clemmys Insculpta
          Northern Pine Snake                   Pituophis melanoleucus
                                                melanoleucus
          Atlantic Green Turtlel    3           Chelonla mydas

                                         BIRDS


          Osprey                                Pandion hallaetus
          Great Blue Heron                      Ardea herodlas
          Red-shouldered Hawk                   Buteo l1neatus
          Merlin                                Falco columbarlus
          Red-headed Woodpecker                 Melanerves erythrocephalus
          Bobol1nk2                             Dolichon2yx orivorus
          Savannah Sparrow2                     Passerculus sandwichensis
          Ipswich Sparrow 2                     Passerculus sandwichensis
                                                       princeps
          Grasshopper Sparrow2                  kmmodramus savannarum
          Yellow-crowned Night Heron            Nyctanassa violacca
          American Bittern                      Botaurus lencinosos
          Black Rail                            Laterallus lamaicensis


                                         FISH


          Brook Trout                           Salvelinus fontinalis


          I - Also on the Federal List.
          2 - Status designation applicable to  breeding populations only.
          3 - Does not nest regularly in New Jersey.














                                 A-VI 6 6
 















                                     APPENDIX 5


                         NEW JERSEY PLANTS UNDER REVIEW FOR
                        FEDERAL LISTING AS ENDANGERED SPECIES"


          Common Name                    Scientific Name


          Sensitive Joint Vetch          Aeschynomene virainica
          Sea-beach Plgweed              Amaranthus pumilus
          Sand Grass                     Calamovilfa breviplis
          Long's Bitter Cress            Cardamine lonaii
          Barrett's Sedge                Carex barratii
          Variable Sedge                 Carex PolymorDha
          Parker's Pipewort              Eriocaulon Parkeri
          Pine Barrens Boneset           Euvatorium resinosum
          Darlington's Spurge            Euphorbia purpurea
          Pine Barren Gentian            Gentiana autumnalis


          Eaton's Quillwort              Isoetes eatonli
          New Jersey Rush                Tu-ncus caesarlensis
          Boykints Lobelia               Lobelia boykinii
          Nuttall's MIcranthemum         Micranthemum micranthemoides
          Torrey's Muhly                 Muhlenberia torrevana
          Bog Asphodel                   Nartheclum americanum
          Hirst's Panic Grass            Panicum hirstli
          Jacob's Ladder                 PWI-emonium. vani-bruntiae
          Awned Meadow Beauty            Rhexia aristosa
          Knieskern's Beaked Rush        Rynchospora knieskernii
          Curly Grass Fern               Schizaea pusilla
          Chaffseed                      ichwalbea americana
          Long's Bulrush                 Scirpus linali
          Spreading Globe-flower         Trollius laxus laxus



                           FEDERALLY THREATENED SPECIES*



          Swamp Pink                     Helonias bullata


          *The Swamp Pink was listed as a federaly threatened species on
          September 9, 1988.

          "Further information about rare plants is available through the
          Office   of   Natural Lands Management, N.J.       Department   of
          Environmental Protection, CN 404, Trenton, NJ 08625.







                                A-VI 6 7
 














                                      APPENDIX 6


                             FRESHWATER MANAGEMENT PONDS


              The retention of adequate soil saturation within managed
         wetlands may prove difficult even with the use of management
         9111s. Ponds (5 ft.+ In depth) with controlled outlet elevations
         may prove useful for.stabilizing wetland ground water elevations
         In adjoining wetlands.

              The employment of open water ponding within wetlands has not
         been designated a primary best management practice because of the
         extensive    land disturbance normally associated        with     pond
         excavation.    Additionally, some regulatory agencies view the
         creation of new ponds in wetlands as a loss of wetland values and
         function.    Nevertheless, the.use of ponding to Increase wetland
         habitat diversity should not be abandoned.

              The creative use of open ponds within a wetland management
         plan is particularly appropriate In urbanizing areas where:

              1.    Pond   excavation will require       negligible    wetland
                    disturbance beyond the pond perimeter.

              2.    Soil and ground water conditions Indicate that the pond
                    water will help to maintain hydric soil saturation.

              3.    The pond will perform a "buffering" function up9n urban
                    stormwater runoff prior to Its release into a wetland
                    or waterway.

              The most significant Impact characterizing such "interface"
         areas Is the repeated discharge of contaminant-laden stormwater
         into the wetland environment. Among the positive features of
         wetland management ponds near the wetland-upland boundary are:

              1.    Ready access to the upland would allow pond excavation
                    and spoil haulage with little or no wetland disturbance
                    beyond the pond edge and stormwater.discharge culverts.

              2.    The pond can be situated on-line with shallow wetland
                    management swales and stormwater discharge culverts.

              3.    The swales and pond are situated so as to absorb and
                    dilute urban storm water runoff contaminants prior to
                    their entering waterways or wetlands.





                                 A-VI 6 8














          Pond Desian

               A portion of the proposed pond should be shallow (approx. 1
          ft.) in order to create an area of emergent wetland and to
          provide habitat' for wading birds and wildfowl..        The larger
          portion of the pond should be at least 5 feet deep, however, in
          order to create stable fish habitat, and a volume of water
          capable of "buffering" the adverse impacts of urban stormwater
          contaminants.

               Wetland ponds should be flexibly and creatively designed to
          affect water quality enhancement, while blending into the site
          vegetation   and topography.     The filtering     or    biochemical
          buffering capacity of an urban wetland pond is largely governed
          by its volume and the quality of water It receives from the
          upland.   The following pond design and site parameters are
          suggested:

               1.   Pond size - approximately 1/8 acre or larger.
                    (50, X 1001)

               2.   Water depth - 4-5 ft. minimum, main body
                                   1+ ft. emergent vegetation area

               3.   Minimum tree removal


               4.   Retain buffer areas

               5.   Restore spoil haulage route and stabilize

               6.   Provide predaceous fish stocking within pond


               A properly designed and sited wetland "buffer" pond will
          also provide:

               1.   Increased adequate habitat diversity

               2.   Waterfowl resting or habitat area

               3.   Recreation use.













                                  A-VI 6 9







                                                                  APPENDIX 7
               New Jersey Department of Environmental Protection, Division of Coastal Resources    FW-1
						    Office of Freshwater Wetlands

				Freshwater Wetlands Permit Application

		FOR: Freshwater Wetlands Permit (NJSA 13:98, NJAC 7:7A), Water Quality Certification (NJAC 7:7A), and
		     Open Water Fill Permit (NJSA 58:10A, as amended by NJSA 13:98-31, and NJAC 7:7A.)


			This form is to be used to apply for a Statewide General Freshwater				the information requested is voluntary.  If necessary information is not
		Wetlands Permit, an individual Freshwater Wetlands Permit, Open						provided, the permit application cannot be processed nor can a permit
		Water Fill Permit, and a Water Quality Certificate.  Activities covered					be issued.
		by Statewide General Permits are described in the Freshwater Wet-							This application should be submitted to the NJ Department of Environ-
		lands Protection Act Rules (Specifically, NJAC 7:7A-9).  All activities					mental Protection, Division of Coastal Resources, Office of Freshwater
		regulated under the Freshwater Wetlands Protection Act, P.L. 1967,					Wetlands, CN 401.  Trenton, NJ 09625 (Street address: Station Plaza 5,
		c. 158 which are not explicity covered by a Statewide General Permit,					501 East State Street, Trenton).  An original and two (2) copies are
		require an individual Permit.  Two acts of instructions are attached, one				needed for a proposed activity covered by a Statewide General Permit.
		set explains how items need to be completed for individual Permits, and					An original and nine (9) copies of this completed application form, along
		one set explains which items need to be completed for a Statewide						with ten (10) copies of all support documents specified below, must be
		General Permit.  All items must be completed for an individual Permit.					submitted for an individual Freshwater Wetlands Permit or Open Water
		For more detailed information, and procedures for obtaining permit					application, use plain bond paper and attach it to the application form.
		approvals, see NJAC 7:7A.												Please reference the application form item numbers for all such additions.
			Information provided on this form will be used in evaluating the appli-
		cation for a permit, and shall be a matter of public record.  Disclosure of

				FOR NJDEP USE ONLY											Type or print all information
			Application number:											1. Name and address of applicant;

			Fee received:$
				    By:          Date:


			2. I have an authorized agent to act on my behalf						Telephone number during business hours:
			   relative to this application.   Yes    No							Residence  (    )      -
																	Work       (    )      -
			(See instruction sheet item #2)
			Name, address and title of agent, if any.								3. This application is for:
																		Approval of activities covered by a Statewide
																		General Permit Number(s)
																		Individual Freshwater Wetlands Permit
			Telephone number during business hours:									Individual Open Water Fill Permit and Water
			Work   (    )       -												Quality Certicate
			Statement of Authorization: I hereby designate								Water Quality Certificate
			and authorize				
			to act on my behalf as my agent with regard to								See Program Summary in Appendix A for
			this permit application and to furnish, upon								applicable permit descriptions and numbers.
			request, supplemental information in support							
			of this application.												4. Fee Attached:  $
										
			Signature of Applicant	 		Date									   See Attached fee schedule in Appendix B.)

			5.  Provide a written description of the proposed regulated activity including the total area to be used, filled, or
			    modified; the total area of the freshwater wetland or State open waters potentially affected; and if applicable, how
			    conditions of a Statewide General Permit will be satisfied.
			




6. Describe the purpose and use of the proposed regulated activity.



7. Describe in detail the discharge of dredged or fill material, if such a discharge is part of the proposed project.



8. List the names and address of adjoining property owners, leasees and holders of easements on porperties
directly adjacent to the property which is the site of the proposed project.



9. List the name of adjacent waterbodies, or location on the waterbody where the activity is proposed.



10. Location where the acitivity is proposed:

			address:
					street, road, route or other desctiptive location

					municipalty				state					zip

					block(s)				lot(s)				county

11. Is any portion of the activity for which authorization is sought now complete?  	yes 	no

If answer is "yes", give month and year the activity was compared and inicationg existing work on the 
drawing.

12. Provide a description of alternatives.



13. Desctibe any potential adverse environmental impacts.



14. Describe the wetland plant community, special aquatic sites, etc. as specified in item #14 of instruction sheet.




Page 2 of 4														FW-1 (7/1/88)


A-VI-71








15. Describe potential human health or welfare impacts from the proposed regulated activity.



16. Describe mechanisms to minimum adverse environmental impacts.



17. For any structure, construction, discharges or other activities described in this application, indicate below
all approvate, certifications or denials received from any federal, interstate, state or local agencies.

* In Column A, indicate application status: (pending, approved, denied, or other-explain other).

* In Column B, indicate application,permit, or docket number.

DCR Programs			A	B							A	B

CAFRA								Water Quality Certificate

Waterfront Development					Open Water Fill

(Tidal or Coastal)Wetland				Stream Encroachment

Statewide General						Dean Construction or Repair
Freshwater Wetlands					
	
Individual Freshwater Wetlands			Tidalands (Piparian)

Freshwater Wetlands
Transion Area Waver

Other Programs

Purchase Water						Sewer System: extension
division							collectors, pumpstation, etc.

diverf water supply					exemption from sewer bar
for public use						

divert surface waters					NJ pollution discharge
for private use						electricity system









              I8. Provide a list of plants, fish, etc., as described in item #18 of the instruction sheet.




              19. Fair an individual attach an orginal and nine (9) copies of the following, site plan, a subdivision map if
                    available, and vicinity map. ( See instruction sheet item #19.)

                    For Statewide General Permit attach an orginal and two (2) Copies of site plan and vicinity map. (See General
                    Permit instruction sheet item #19).


              20. Attach verification that notices have been forwarded by registered mail to all parties specified in item #20 of
                    instruction sheet.


              21. Attach a newspaper notice, or notices, if required (See instruction shhet #21).


              22. Attach photographs of the site of the proposed activity as described in item #22 at the instruction sheet.


              23. Have you attached a separate mitigation proposal as described in  item #23 of the instruction sheet?
                    Yes No

              24. Signatures -I certify under penalty of law that  I have personally examined and am familiar with the instruction
                  submitted in this document and an attachments and that based on my inquiry of those individuals immediately 
                  responsible for obtaining the information. I believe that the information is true, accurate and complete. I am
                  aware that there are penalties for submitting false information including the possibility of fines and imprisionment
                  I hereby authorize the staff of the NJDEP to conduct such on-site inspections of the parcel(s) which are the          
                  subject of the application as are necessary to review this application and to ensure compliance with the
                  requirements a( the Now Jersey Freshwater Wetlands Protection Act (N.J. 13.98-et seq.) and implemen-
                  ting rules (N..J.A.C. 7:71A-1et. seg.).


                  Signature of Applicant		Date				Signature of Agent			Date              
              25. Property Owner's Certification -(Complete if applicant is different than property owner).

                  I hereby certify that I am the owner of the property upon which the proposed work is to be done, and I grant
                  permission to conduct the proposed activity.A portion of the proposed activity will    will not    take
                  place within an easement, and no    some    part of the proposed activity will take place on property
                  owned by the State of New Jersey.


                                                                                Signature of Owner(s)


                  Type or Print Name and Address of Owner, if
                  different from applicant.
            Attachments: I have attached supplemental information for the items checked below:

                Item #1		 Item #6		 Item #11		Item#16		Item#21
              Item #2		Item # 7		Item #12		Item#17		Item#22
		   	Item #3	Item #8		Item #13		Item#18		Item#23
			Item #4	Item #9		Item#14		Item#19		Item#24
			Item #5	Item #10		Item#15		Item#20		Item#25


             
		   	


			Page 4 of 4
                                                              FW-1 (7/1/88)















                                          REFERENCES



           Adams, L.W. and L.E. Dave, 1984. The use of. wetlands for
           Stormwater Control and Wildlife Enhancement. National Institute
           for Urban Wildlife, Columbia, M.D.

           Association of State Wetlands Managers and Environmental Law
           Institute,     1987.    Northeast Symposium: Wetlands and            River
           Corridor Management. Lake George, N.Y.

           Henderson, S. 1986. E.P.A. Wetlands Research Program.                 U.S.
           Environmental Protection Agency, Corvallis, OR.

           Knight, R.L., B.N. Winchester and J.C. HIgman. 1985, Wetlands -
           Ecology, Hydrology and Advanced Wastewater Treatment Potential of
           an Artificial Wetland In Northwestern Florida.               Journal of
           Wetland Scientists. Vol. 5.


           New Jersey State Department of Environmental Protection. 1987.
           New Jersey Stormwater Management Program. Trenton, N.J.

           New York State Department of Environmental Conservation, 1986.
           Stream Corridor Management. Albany, N.Y.

           Powley, V.R. 1987. Soil Survey of Middlesex County,. New Jersey.
           USDA Soil Conservation Service. Somerset, N.J.

           Stowell, R.S., Weber, G., Tchobanoglous, B., Wilson and K.
           Townsen, 1985. Mosquito Considerations In the Design of Wetland
           Systems     for' the Treatment of Wastewater.            In    Ecological
           Considerations of Wetlands Treatment of Municipal Wastewaters.
           Van Nostrand Reinhold Co., N.Y.

           Tiner, R.J., 1985. Wetlands of New Jersey. U.S. Department of
           Interior, Fish and Wildlife Service. Newton Corner, MA.

           Magee, D.W., 1981.        Freshwater Wetlands, A Guide to Common
           Indicator Plants of the Northeast. University of Massachusetts
           Press. Amherst, M.A.













                                     A-VI 7 4






             I
   I


   0


                                                                  m



                                                                  m
   0                              SECTION A Vil                                                      7
                        POLICY MEMORANDA






            61                                                    -    -                                        rmi



















                                     March 27, 1992

                                   M E M 0 R A N D U M



             TO:        All permitting staff

             FROM:      Policy and Planning Unit

             THRU:      Bob Tudor


             SUBJECT:   Letters of concurrence with  ACOE Jurisdictional
                        Determinations

             Please be  advised that the Program is  no longer accepting
             wetland delineations or verifications    (Jurisdictional
             Determinations) performed by the Army.  Corps of.Engineers.
             On August 9, 1991 the Department and the ACOE signed a Local
             Operating Procedure that clearly states that the Department
             will be the lead agency in identifying the jurisdictional
             limits of Waters of the United States within the State of
             New Jersey. Therefore, the Program will no longer issue
             Letters of Concurrence and applicants will be required to
             obtain a Letter of Interpretation to identify jurisdictional
             limits.

                  Should you have any questions on this matter please
             contact Ernie Hahn.


             lopacoe



















                                     A-VU 1























                                     M E M 0 R A N D U M

                                        April 10, 1992

               TO:     All Regulatory Staff

               THRU:   Bob Tudor

               FROM:   Planning and Policy Unit

               RE:     Determining the presence of transition areas on a
               property as result of wetlands on an adjacent property

               It has come to our attention that some project review
               officers may not be checking adjacent properties to
               determine whether they contain wetlands which may result in
               the presence of a transition area on the property in
               question. When an LOI is issued, it should inform an
               applicant of all regulated features on the property, that
               is, wetlands, state open waters and transition areas.

               A presence/absence determination or footprint of disturbance
               should tell the applicant whether any wetlands, open waters
               or transition areas are present or absent on the property or
               footprint.

               If you determine that wetlands exist on an adjacent
               property, you obviously will have to determine whether they
               are exceptional or intermediate resource value in order to
               know whether or not they affect the property you are
               reviewing.

               The applicant is responsible for the delineation of all
               wetlands affecting his/her property, including offsite
               wetlands resulting in transition areas on the subject
               property! Upon reviewing a wetland delineation and
               identifying wetlands on the adjacent parcels that will
               result in transition areas on the subject parcel, you should
               inform the applicant to delineate the transition area on the
               subject parcel. Your field inspection of the adjacent
               parcels will confirm the accuracy of the transition area
               line.
  40           If you have any questions about this guidance please see
               your supervisor.

                                         A-VII 2






















                                      M E M 0 R A N D U M

                                        April 10, 1992

               TO:     All regulatory staff

               THRU:   Bob Tudor

               FROM:   Policy and Planning Unit

               RE:     Partial LOIs


               With the adoption of the amendments to the rules on March
               16, 1992, the Land Use Regulation Program will no longer
               accept any applications for partial letters of
               interpretation. Previously we had been accepting them for a
               very limited group of public projects. However, since the
               new regulations have formalized the "footprint of `:-
               disturbance" LOI, and since.we will allow more than oine'
               footprint per property, we will no longer accept any
               requests for partial LOIs. The applicant still has the
               option of subdividing a property if they need a partial
               delineation confirmation.

               If you have any questions regarding this guidance, please
               contact your Supervisor.
















                                        A-VII 3










                                          State of New Jersey
                             Deparbnent of Envirorunental Protection and Energy
                                        Environmental Regulation
                                       Land Use Regulation Program
                                              CN 401
       Scott A. Weiner                   Trenton, NJ 08625-0401                Robert A. Tudor
       Commissioner                                                             Administrator


                                         May 26, 1992


              TO:        All Regulatory Staff
              THROUGH:   Robert Tudor,//@e/'*'

              FROM:      Planning and Policy Unit

              SUBJECT:   Model deed restriction for modified transition

                         area


              Attached  is a model deed restriction that may be distributed
              to the regulated public for compliance with the amended
              Freshwater Wetlands Protection Act rules at N.J.A.C. 7:7A-
              7.1(g). This deed restriction has been reviewed and
              approved for use by the Attorney General's office.
              Therefore, individual review of restrictions following this
              format are not needed.

              Based on discussions with the Attorney General's office
              during the adoption of the March 16, 1992 amendments it was
              agreed that the Department would use discretion in requiring
              deed restrictions of an entire parcels. It was agreed that
              it was appropriate in every instance that the entire
              remaining transition area on the subject parcel be deed
              restricted where the Department granted a straight reduction
              under N.J.A.C, 7:7A-7.2 and 7.3. The Department will use
              its discretion in requiring deed restrictions for large lots
              when an averaging plan pursuant to N.J.A.C. 7:7A-7.5. For
              example if an applicant modifies only a five acres of a 100
              acre lot through an averaging plan, the Department would
              only require the restriction of the modified areas ( both
              reduction and addition) and the immediate areas. In cases
              where the applicant is modifying greater than 60 percent of
              medium sized and smaller lots (less than 20 acres) the
              entire transition area onsite should be deed restricted.
              Please consult with your Section Chief before informing an
              applicant of your decision on this matter.

              Should you have any further questions on these matters
              please contact the Planning and Policy Unit.

              P-DEEDTA.DOC Disk #6


                                          A-V1:1 4

                                    Newieney is an Fq" Opporwnity &nooyer
                                             Recyded Paper











                                                                Prepared by:


             NJDEPE
             File No.





                   DECLARATION or RESTRICTION FOR XODIFIZD TRANSITION AREA



                   THE DECLARATION of Deed Restriction is made this
             day of           , 199_, by

             having  an office at or residing at
                                                        hereinafter   referred  to
             as "Declarant.11


                                      W I T N E 8 0 3 T N

                   WHEREAS, the Declarant is the owner of certain real property
             located in the Township of                 f              County, New
             Jersey, designated as Lot          Block        on the official Tax
             Map of the Township of                   (Fe-reinafter "the
             Property"); and

                   Whereas, wetlands play a   significant role in the maintenance
             of environmental quality on a    community, regional, and statewide
             level; and
  -ABC--           Whereas, wetlands transition areas are integral portions of
             &-freshwater wetlands ecosystem; and_         . - , , , - , - ----  t----

                   WHEREAS, the Declarant has obtained a Freshwater Wetlands
             transition area waiver (11TA waiver"),                      which
             establishes a modified transition area from the New Jersey
             Department of Environmental Protection & Energy (11DEPE11) pursuant
             to the Freshwater Wetlands Protection Act, X.J.S.A. 13:9B-1 Sj.
             seg.; and

                   WRERZU,, the TA Waiver issued to the declarant is
             conditioned upon the Declarant's recording of a Department
             approved deed restriction, pursuant to N.J.A.C. 7:7A-7.1(g), for
             the modified transition area more particularly described on
             attachment A (hereinafter meets and bounds description of the
             "Modified Transition Area"), and upon the imposition by the
             Declarant of a deed restriction to preclude subsequent
             development of the Modified Transition Area without prior
             Department approval as outlined below; and





                                        A-VII 5







            Declaration of Restriction on Modified            Page 2
            Transition Area (Project Name)
                      Township,.          County



                 WRZRRU, the Declarant desires and intends to restrict
            subsequent development of the Modified Transition Area in
            accordance with the covenants, conditions, and restrictions set
            forth herein;

                 MOW TEZRZPORZ, in consideration of the facts recited above
            and the mutual covenants, terms, conditions and restrictions
            contained herein, and pursuant to the Freshwater Wetlands Act,
            N.J.S.A. 13:9B-1 et seg., and associated regulations, N.J.A.C.
            7:7A-1, the declarant, for itself, its successors and assigns,
            hereby covenants and agrees with the State of New Jersey,
            Department of Environmental Protection and Energy that the
            modified transition area is hereby made and declares to be
            subject in perpetuity to the following covenants and
            restrictions:

                 1.   The following activities shall not occur within the
            Modified Transition Area, unless the Department makes the
            findings specified below.

                           1.   Removal,, excavation, or disturbance of the
                                soilj
                           2.   Dumping or filling with any materials
                           3.   Erection of structures
                           4.   Placement of pavements; and
                           5.   Destruction of plant life which would alter
                                the existing pattern of vegetation.
                           6.   Any other activities constituting a
                                prohibited-activity under N.J.A.C. 7:7A-6.2,
                                as amended

                 2.   These activities shall only occur if the Department
            finds:

                      (a) There is compelling public need for the activity
            greater than the need to protect the modified transition area;

                      (b) That the activity has no practicable alternative
            which would;

                           i. Not involve a transition area;

                           ii. Involve a transition area but would have less
            adverse impact on the transition area and the adjacent wetland;
            and

                           iii. Not have other significant adverse
                 environmental consequences, that is, it shall not merely
            substitute, other significant environmental consequences for those
            attendant on the original proposal.



                                      A-VII 6







            Declaration of Restriction on Modified            Page 3
            Transition Area (Project Name)
                      Township,           County


                 3.   The covenants restrictions set f6rth herein shall run
            with the land and bei-binding in perpetuity upon the Declarant,
            its successors and assigns, in perpetuity, and all parties having
            or acquiring any right, title or interest in the property or any
            part thereof. Notice of this deed restriction shall be given to
            all holders of any easements in the Modified Transition Area by
            the Declarant within 30 days of recording by the County Clerk.

                 4.   It is the purpose of the Declaration to assure that the
            modified transition.area will be maintained as such and to -
            prevent any disturbance or development of the property. To carry
            out this purpose, the following rights are granted to the State
            of New Jersey, Department of Environmental Protection and Energy,
            by this Declaration:

                      (a) To enter upon the property in a reasonable manner
            and at reasonable times so as to assure compliance with the
            provisions of said restrictions.

                      (b) In addition to the exercise of any other statutory
            or common law right, to enjoin any activity on, or use of, the
            property that is inconsistent with the purpose of these
            conservation restrictions and to inforce the restoration of such
            areas or features of the property that may be damaged by
            inconsistent activity or use.

                 5.   The Declarant intends that enforcement of the terms and
            provisions of the deed restriction shall be at the discretion of
            the State of New Jersey and that any forbearance on behalf of the
            State of New Jersey to exercise its rights hereunder in the event
            of any breach hereof by the Declarant, it successors or assigns,
            sha 11 not be deemed or construod. to be &_waivor - Q4--t1w
            rights granted hereunder in the event of any subsequent breach.
            This shall be true regardless of the number of breaches of the
            restriction, condition or covenant which occur, or the length of
            time it remains unenforced.

                 6.   The Declarant reserves to itself, its successors or
            assigns, all rights as to owners of the property, including the
            right to engage in all uses of the property not inconsistent with
            the purpose of these restrictions and the right to the property
            in accordance with N.J.A.C. 7:7A-6.2(b).

                 7.   No additional right of access by the general public to
            any portion of the property is conveyed by this instrument.
                 S.   The Declarant agrees to bear all costs and liabilities
            of any kind related to the operation, upkeep and maintenance of
            the property. The Declarant shall be responsible for acts of its
            own negligence consistent with the provisions of the New Jersey
            Tort Claims Act, N.J.S.A. 59:8-1 et segi



                                       A-VII 7






            Declaration of Restriction on Modified              Page 4
            Transition Area (Project Name)
                      Township.,           County


                 9.   All notices, consents, approvals or other
            communications hereu-inder shall be in writing and shall be'deemed
            properly given if sent by United States certified mail, return
            receipt requested, addressed to the appropriate party or
            successor in interest.

                 10. The Declarant agrees that the terms, conditions,
                 restrictions and purposes of this instrument will be
            inserted in any subsequent deed, lease, sub-lease or other legal
            instrument by which the Declarant divests itself of any interest
            in the property.

                 11. The NJDEPE agrees that it will.assign its    rights under
            this instrument only to another governmental body or a charitable
            conservancy, and only in accordance with N.J.S.A. 13:8B-1 et sea.
            and N.J.S.A. 13:9B-1 et sea.

                 12. Notwithstanding anything contained herein to the
            contrary, any modification or termination of this Declaration
            shall require the prior written approval of the NJDEPE, its
            successor or assign.

                 13. If any provision of this Declaration or the application
            thereof to any person or circumstances is found to be invalid,
            the remainder of the provisions of this Declaration, and the
            a-..;lication of such provision to persons or circumstances other
            than those as to which it is found to be invalid, shall not be
            affected thereby.

                 TO HAVE AND TO HOLD unto the New Jersey Department of
            Environmental Protection and Energy, its successors and assigns
          --f-arever, The.-comenants, tarms., condit'       ktrict
                                                                 ..ions
            purposes imposed with this declaration shall not only be binding
            upon the Declarant but also upon its agents, personal
            representatives, assigns and all other successors to it in
            interest, and shall continue as a servitude running in perpetuity
            with the property.

















                                         A-VII 8







            Declaration of Restriction on Modified            Page 5
            Transition Area (Project Name)
                      Township,           County



                 IN WITNESS WHEkeor, the Declarant has set its hand-and seal
            on the day and year first above written, and directs that this
            instrument be recorded in the office of the            County
            Clerk.



                                                          (Declarant)



            Attest:



                        Secretary                    (signature names, and
                                                    title)

            [Seal]



            STATE OF


            COUNTY OF


                 BE IT REMEMBERED that on this             day of
            199_, before me, the subscriber, a Notary Public of New Jersey,
            personally appeared:

            and he thereupon acknowledged that he signed the foregoing
            instrument in such capacity, 22tLonal language to be inserted if
            the deed restriction is being filed by a corRoration (that the
            seal affixed to said instrument is the corporate seal of said
            corporation), and that said instrument is the voluntary act and
            deed of said corporation or person, optional language to be
            inserted if the deed restriction is being filed by a corRoration
            (made by virtue of authority from its Board of Directors).




                                               A Notary Public of
                                               my commission expires



            deedtaw - disk #6 5/92












                                       A-VII 9










                                         State of New Jersey
                             Department of Environmental Protecdon and Energy
                                        Environmental Regulation
                                       Land Use Regulation Program
                                              CN 401
       Scott A. Weiner                   Trenton. NJ 08625-0401                Robert A. Tudor
       Commissioner                                                             Administrator


                                          June 2, 1992


               TO:        All Regulatory Staff
               THROUGH:   Robert Tudor /']  z

               FROM:      Planning and Policy Unit

               SUBJECT:   Model deed restriction for mitigation sites

               Attached  is a model deed restriction for mitigation sites
               that may  be distributed to the regulated public for
               compliance with any of the Land Use. This deed restriction
               was originally drafted and approved by Ray Nichols and DAG
               Gary Brower. That original version has been modified to
               include mitigation under any of the Land Use statutes and
               the recent Freshwater Water Wetlands rule amendments. This
               model has been reviewed and approved for use by the Attorney
               General's office. Therefore, individual review of
               restrictions following this format are not needed.

               Should you have any further questions on these matters
               please contact the Planning and Policy Unit.


               (PDEEDMrr.DOC Disk #6 5/92)

























                                         A-VH 10


                                    New Jersey is an Equal, Opportunity Employer
                                            Recycled Paper






                Declaration of Conservation Restrictions        Page 1
                NJDEPE                               Prepared by:
                File No.-


                       DECLARATION  OF RESTRICTION FOR MITIGATION SITE




                     THIS DECLARATION of Deed Restrictions is made this
                day of _       , 199_, by the (NAME OF THE PROPERTY OWNER),
                having an office at or residing at

                                                      hereinafter referred to
                as "Declarant.11


                                      W I T N E S S E T H

                     WHEREAS, the Declarant is the owner in fee simple of
                certain real property, designated as Block __A_, Lot
                on the Tax Map of the (MUNICIPALITY),                 County,
                New Jersey, (hereinafter the "Property") and

                     WHEREAS, wetlands and surface waters play a significant
                role in the maintenance of environmental quality on a
                community, regional, and statewide level, and

                     WHEREAS, the New Jersey Department of Environmental
                Protection and Energy (hereinafter "Department") is
                authorized by N.J.S.A. 13:1D-9 to formulate comprehensive
                policies for the conservation of the natural resources of
                the Statel the promotion of environmental protection and the
                prevention of pollution of the environment of the State; and

                     WHEREAS, the Declarant has obtained an authorization
                from the Department approving the disturbance of wetlands
                and or State open waters and requiring mitigation for the
                loss of those area. Such authorization shall include
                settlement documents, licenses, permits, or certificates
                which disturb wetlands or State open waters pursuant to the
                Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 et.
                sea., the Flood Hazard Area Control Act, N.J.S.A. 58:16A-50
                et sea., the Wetlands Act of 1970, N.J.S.A. 13:9A-1 et sea.,
                the Coastal Area Facility Review Act, N.J.S.A. 13:19-1 et
                sea., the New Jersey Water Pollution Control Act, N.J.S.A.
                58:A-1 et sea. or the Waterfront Development Act,
                N.J.S.A.12:5-3.; and

                     WHEREAS, the Declarant desires to create a wetlands
                and/or State open water habitat area and associated
                transition area within said Property, and as a condition of
                a Department approved authorization,. is required to create
                such a habitat and associated transition area, as shown on


                                        A-VII 11







               Declaration of Conservation Restrictions      Page 2
               (PROJECT NAME) Mitigation Site
                         Township,            County


               the plan entitled_." (PLAN NAME)     prepared by
                              and- dated            . last revised
                           a copy of which is attached hereto and
               incorporated herein as Exhibit A (hereinafter referred to as
               the "Mitigation Site"); and

                    WHEREAS, the said Mitigation Site is 1#.##)_ acres in
               size, and is the subject of a metes and bounds description
               contained in Exhibit B, which is attached hereto and
               incorporated herein by reference; and

                    WHEREAS, Declarant desires and intends that once the
               freshwater wetlands and /or State open water habitat and
               associated transition area has been created within the
               Mitigation Site, then the Mitigation Site shall be
               maintained as a natural area in perpetuity, and that the
               property shall be used, occupied, conveyed and transferred
               subject to, and benefited by, the mitigation area and the
               covenants hereinafter set forth;

                    NOW, THEREFORE, in consideration of the  facts recited
               above and the mutual covenants, terms, conditions and
               restrictions contained herein, and pursuant to The New
               Jersey Conservation Restriction and Historic Preservation
               Restriction Act (N.J.S.A. 13:8B-1 et sea.), the Declarant,
               for itself, its successors and assigns, hereby voluntarily
               covenants and agrees with the State of New Jersey,
               Department of Environmental Protection and Energy that the
               mitigation site is hereby made and declared to be subject in
               perpetuity, to the following covenants, restrictions and
               easements, of the nature and character and to the extent
               hereinafter set forth:

                    1. The Mitigation Site shall be maintained as a
               natural area in perpetuity, including retaining the
               vegetation planted in this area pursuant to the mitigation
               plan approved by the Department in accordance with the
               Department approved authorization                   and any
               naturally occurring vegetation. The following activities
               shall not occur within the Mitigation Area, unless the
               Department makes the findings specified below.

                         (a) Removal, excavation, disturbance or dredging
               of soil, sand, gravel, or aggregrate material of any kind;

                         .(b) The drainage or disturbance of the water
               level or water table;
               materials; (c) The dumping, drainage or filling with any

                         (d)  The driving of pilings;



                                   A-VII 12







               Declaration of Conservation Restrictions     Page 3
               (PROJECT NAME) Mitigation Site
                         Township,           County



                         (e) The destruction of plant life which would
               alter the character Of a wetland, including teh cutting of
               trees;

                         (f) Any other activities constituting a regulated
               or prohibited activity under N.J.A.C. 7:7A-2.3 or N.J.A.C.
               7:7A-6.2, as amended;

                         (g) The legal or de facto subdivision of the
               property for any purpose;

                         (h) Activities detrimental to drainage, flood
               control, water conservation, erosion control or soil
               conservation, or fish and wildlife habitat preservation;

                         (i) Any agriculture uses; and

                         (j) Any other disturbance of the property or acts
               or uses detrimental to the retention of land or water areas
               according to the purposes of the approving statutes.

                    2.   These activities shall only occur if the
               Department finds:                        -need for the
                         (a) There is compelling public
               activity greater than the need to protect the modified
               transition area;

                         (b) That the activity has no practicable
               alternative which would;

                              i. Not involve a  wetland or State open
               water;

                              ii, Involve a wetlands or State open water
               but would have less adverse impact on the aquatic ecosystem;
               and

                              iii. Not have other significant adverse
               environmental consequences, that is, it shall not merely
               substitute other significant environmental consequences for
               those attendant on the original proposal.

                    3. It is the purpose of this Declaration to assure
               that the Mitigation Site will be developed and maintained as
               a freshwater wetland and/or State open water habitat and to
               prevent any disturbance or development of the property not
               consistent with that use. To carry out this purpose, the
               following rights are granted to the State of New Jersey,
               Department of Environmental Protection and Energy, by this
               Declaration of Conservation Restrictions:



                                     A-VII 13







               Declaration of Conservation Restrictions       Page 4
               (PROJECT NAME) Mitigation Site
                         Township,            County



                    (a) To enter-upon the property in a reasonable 'manner
               and at reasonable times so as to assure compliance with the
               provisions of said restrictions.

                    (b) In addition to the exercise of any other statutory
               or common law right, to enjoin any activity on, or use of,
               the property that is inconsistent with the purpose of these
               conservation restrictions and to enforce the restoration of
               such areas or features of the property that may be damaged
               by inconsistent activity or use.

                    4. The Declarant intends that enforcement of the terms
               and provisions of the conservation restriction shall be at
               the discretion of the State of New Jersey and that any
               forbearance on behalf of the State of New Jersey to exercise
               its rights hereunder in the event of any breach hereof by
               the Declarant, its successors or assigns, shall not be
               deemed or construed to be a waiver of the State's rights
               granted hereunder in the event of any subsequent breach.
               This shall be true regardless of the number of breaches of
               the restriction, condition or covenant which occur, or the
               length of time it remains unenforced.

                    5. The Declarant reserves to itself, its successors or
               assigns, all rights as to owners of the property, including
               the right to engage in all uses of the property not
               inconsistent with the purpose of these conservation
               restrictions.

                    6. No additional right of access by the general public
               to any portion of the property is conveyed by this-
               instrument.
                    7. The Declarant agrees to bear all costs and
               liabilities of any kind related to the operation, upkeep and
               maintenance of the property and does hereby indemnify and
               hold the State of New Jersey harmless therefrom.

                    8. All notices, consents, approvals or other
               communications hereunder shall be in writing and shall be
               deemed properly given if sent by United States certified
               mail, return receipt requested, addressed to the appropriate
               party or successor in interest.

                    9. The Declarant agrees that the terms, conditions,
               restrictions and purposes of this grant will be inserted by
               it in any subsequent deed, lease, sub-lease or other legal
               instrument by which the Declarant divests itself of any
               interest in the property.




                                         A-VII 14







               Declaration of Conservation Restrictions      Page 5
               (PROJECT NAME) Mitigation Site
                         Township,            County


                    10.  The covenants and restrictions set forth above
               shall run with th@!land and be binding, in perpetuity, upon
               all parties having or acquiring any right, title or interest
               in the property or part thereof.

                    11. The Department agrees that it will assign its
               rights under this instrument only to another governmental
               body or a charitable conservancy, and in only accordance
               with N.J.S.A. 13:8B-1 et sea.

                    12. Notwithstanding anything contained herein to the
               contrary, any modification or termination of this
               Declaration shall require the prior written approval of the
               Department, its successor or assign.

                    13. If any provision of this Declaration or the
               application thereof to any person or circumstance is found
               to be invalid, the remainder of the provisions of this
               Declaration, and the application of such provision to
               persons or circumstances other than those as to which it is
               found to be invalid, shall not be affected thereby.

                    TO HAVE AND TO HOLD unto the New Jersey Department of
               Environmental Protection and Energy, its successors and
               assigns forever. The covenants, terms, conditions,
               restrictions and purposes imposed with this declaration
               grant shall not only be binding upon the Declarant but also
               its agents, personal representatives, assigns and all other
               successors to it in interest, and shall continue as a
               servitude running in perpetuity with the property.





















                                      A-VII 15






               Declaration of Conservation Restrictions       Page 6
               (PROJECT NAME) Mitigation Site
                         Township,            County


                    IN WITNESS WHEREOF, the Declarant has set its hand and
               seal on the day and year first above written, and directs
               that this instrument be recorded in the office of the
                          County Clerk.


                                                         (Declarant)



               Attest:



                           Secretary                     (signature names,
               and                                            title)

               [Seal]



               STATE OF
                                                    SS.:
               COUNTY OF



                    BE IT REME14BERED that on this              day of
                           199_, before me, the subscriber, a Notary Public
               of New Jersey, personally appeared:


               and he thereupon acknowledged that he signed the foregoing
               instrument in such capacity, the followina oDtional lg,@a@e
               to be inserted if the deed restricti @nis@beinSj filed
               corporation (that the seal affixed to said instrument is the-
               corporate seal of said corporation), and that said
               instrument is the voluntary act and deed of said corporation
               or person, the followina oDtional lancruage to be inserted if
               the deed restrict7n is beina filed by a corporation (made
               by virtue of authority from its Board of Directors).




                                         A Notary Public of
                                         My commission expires








                                       A-VII 16







               Declaration of Conservation Restrictions      Page 7
               (PROJECT NAME) Mitigation Site
                         Township,            County




               REQUIRED ATTACHMENTS:

               EXHIBIT A:

               Site plan of Property, with Survey Plat information

               EXHIBIT B:
               Metes and Bounds Description of Property


               (DEEDMrr.DOC 5/92 Disk #6)

















































                                    A-VTI 17










                                         State of New Jersey
                             Departntent of Envilrommentall Protection and Energy
                                        Environmental Regulation
                                       Land Use Regulation Program
                                              CN 401
       Scott A. Weiner                  Trenton, NJ 08625-0401                 Robert A. Tudor
       Commissioner                                                             Administrator


                                         June 9, 1992

               TO:        All regulatory and enforcement staff

               THROUGH:   Robert Tudor
               FROM:      Land Use Planning and Policy Unitz57/l/

               SUBJECT:   Regulatory jurisdiction and permitting
                          requirements of State open waters

               This guidance is provided to give clear direction on the
               Department's jurisdiction in State open waters under the
               Freshwater Wetlands Protection Act and the administrative
               procedure as to permits will be required for encroachment
               into these areas.


               The Freshwater Wetlands Protection Act rules derive
               statutory authority from N.J.A.C. 13:9B-1 et sea., the
               Freshwater Wetlands Protection Act and N.J.A.C. 58:10A-1 et
               sea., New Jersey Water Pollution Control Act. State open
               waters are specifically regulated under the Water Pollution
               Control Act. The rules at N.J.A.C. 7:7A-1.4 define "State
               open waters" as those waters of the United States within the
               boundary of the State or subject to its jurisdiction that
               are not wetlands as defined in this section. "Waters of the
               United States" are further defined in the rules and include
               all bodies of water including interstate and tidal waters.
               Specific examples range from inland farm ponds and streams
               to tidally flowed rivers such as the lower portions of the
               Delaware and Hudson Rivers. Based on these definitions all
               water bodies except for those specifically exempted (some
               artificially created impoundments for water treatment) are
               considered "State open waters" and legally require an Open
               water fill permit for the discharge of dredge or fill
               material. These areas should be labeled as State open
               waters on Letters of Interpretation.

               TIDAL STATE OPEN WATERS

               In order to avoid statutory overlap and duplicative paper
               work, an administrative decision has been made to require
               only Waterfront development or CAFRA permits and not require
               Open water fill permits for the discharge of dredge or fill
               material into water bodies below the head of tide. Head of

                                      A-VII 18
                                    Ne-Jersey is - EqLW opporwrdty &q:Woyu
                                            Recyded Paper











              tide information is available from either Enforcement or
              Tidelands.


              OPEN WATER FILL/S-rREAM ENgROACHMENT PERMITS

              Conversely, all discharges of dredge or fill material into
              State open waters above the head of tide (inland) will
              require an Open water fill permit (either a Statewide
              general or Individual Permit). It has been past practice in
              some occasions not to require an Open water fill permit for
              projects requiring a Stream encroachment permit involving
              only State open waters. In order to comply with the Federal
              transfer regulations for state assumption of the 404 program
              this distinction will no longer be permitted and all
              projects requiring a Stream encroachment permit and
              involving the discharge of dredge or fill material into
              State open waters will also require an application, notices
              and fee for an Open water fill permit (either Statewide
              general or Individual).

              Should you have any questions on this matter please discuss
              with your Section Chief or the Planning and Policy Unit.

              C.   J Weingart
                   J Cromarty
                   L Cattaneo


              (SOW-JURLDOC Disk #27)



































                                       A-VU 19










                                       State of New Jersey
                           Department of Environmental Protection and Energy
                                      Environmental Regulation
                                     Land Use Regulation Element
                                           CN 401
       Scott A. Weiner                Trenton, NJ 08625-0401             Robert A. Tudor
       Commissioner                                                       Administrator
                                    October 1,, 1992




                                  M E M 0 R A N D U M



              TO:       Distribution List

              FROM:     Robert Tudor, Administrator/, '-7

              SUBJECT:  Distribution of Land Use Program Policies

              During the course of day to day implementation of the broad
              array of programs the Land Use Regulation Program (LURP)
              administers, periodically requires the clarification of
              regulatory issues. These clarifications deal only with
              issues that are addressed in the existing administrative
              regulations and are in need of further explanation. These
              clarifying interpretations of existing rules or "policies"
              are necessary to ensure that these issues are dealt with on
              a consistent basis by all LURP staff. These policies are
              only an interim step. The program will, on a periodic
              basis, when the nature of the policy dictates it, formalize
              these policies into a rule proposal for public comment
              followed by a formal adoption as an administrative rule.

              In order to increase public awareness of these interim
              policies so that applicants may be fully aware of how the
              Program is interpreting a particular issue, this and all
              future policies will be distributed to those individuals and
              organizations on the attached list. Please share these
              policies with any other interested parties. Should you have
              any recommended additions to the distribution list please
              send them,to Mr. Ernest Hahn at the above address.














                                      A-VII 20
                                  Newiersey Ls an EqW Opporwmy ErnpAoyoer
                                         XeLWed Paper











                       Land Use Regulation Program Distribution List
                                    for Policy Memoranda

               Land Use Regulatio n:
                    Assistant Commissioner
                    Administrator
                    Managers
                    Supervisors
                    All Staff


               Enforcement:
                    Administrator (Trenton)
                    Manager (Toms River)

               External Distribution:
                    New Jersey Builders Association
                    National Association of Industrial and Office Parks
                    Association of New Jersey Environmental Commissions
                    New Jersey Audubon
                    New Jersey Conservation Foundation
                    Passaic River Coalition
                    New Jersey Society of Professional Engineers
                    Rutgers Environmental Law Clinic
                    New Jersey Environmental Federation
                    New Jersey Environmental Lobby


               (POL-DIST.DOC Disk #2)





























                                      A-VII 21






t I
































             I





   I







     ....






0



       I@ITH (.)THER E AND
      FEDERAL AGENCIES
                       7
     SICTION A Vill

      MEMORANDA OF
    UNDERSTANDING AND
        AGREEMENTS

               STIAT


                  -       H
  I
                 m--      mma









                              MEMORANDUM OF UNDERSTANDING


                                        BETWEEN


                               NJ DEPT OF TRANSPORTATION


                                          AND


                     NJ DEPT OF ENVIRONMENTAL PROTECTION AND ENERGY


                                       CONCERNING


                              THE REMOVAL OF OBSTRUCTIONS


                         AT NEW JERSEY AERONAUTICAL FACILITIES



                The Department of Transportation is statutorily charged
            with the responsibility to maintain the public safety and the
            safety of those participating in aeronautics.    In that regard
            the DOT causes the removal of any obstructions which interfere
            with the approach and departure paths, or with operationa
            lines of sight required at aeronautical facilities.

                The Department of Environmental Protection and Energy is
            statutorily charged with the responsibility of protection of
            New Jersey"s freshwater wetlands.    In that regard, the DEPE
            requires permits for the removal, alteration or destruction of
            plant life which would alter the character of a freshwater
            wetland.

                Both Departments recognize the need to accomplish the
            removal or alteration of certain vegetation to protect the
            public safety and the safety of those participating in
            aeronautical activities; and recognize the requirements to
            maintain New Jersey's freshwater wetlands.   This Memorandum of
            Understanding is prepared to furnish a vehicle to expedifiously
            accomplish both of those requirements.

            Department of Transportation

                The Department of Transportation, Office of Agiation will
            periodically inspect aeronautical facilities.      In addition,
            Airport Sponsors may have airport areas surveyed to determine
            if any. obstructions exist.  The Director of Aviation will be
            notified of any obstructions which are found on or around an
            aeronautical facility.

                The Director of Aviation shall review such information to
            determine if these obstructions are caused by vegetation
            located in approach or departure paths, or by vegetation
            causing operational line of sight interference.          If the
            Director of Aviation finds that to be the case, he will advise
            the Airport Sponsor that vegetative obstructions exist.





                                       A-VHI 1






              Department of Transportation
              (con tinued)

                  The notification shall be by means of a letter, and a
              standard form, "Notice of Obstructions At An Aeronautical
              Facility",    (which    is   attached   as   Exhibit    A   to     this
              Memorandum). The form will include an application for a
              Statewide General .-Permit as required by the DEPE, and will
              include information regarding the procedure to be followed in
              preparing and submitting the application to DEPE.

                  DOT Bureau of Environmental Analysis and Office of Aviation
              personnel will be available to meet with DEPE staff to discuss
              issues which arise during the permitting process. In the event
              a permit is denied, these personnel will meet with DEPE staff
              to resolve problems in an effort to allow the removal of the
              obstructions.



              Department of Environmental Protection & Energy

                  The Department of Environmental       Protection & Energy will
              provide the standardized application form for use by the New
              Jersey' Department of Transportation     Office of Aviation or by
              aeronautical facility sponsors to         request an authorization
              under Statewide General Permit No. 1, for the removal or
              alteration of vegetation which has       been determined to be an
              obstruction by the- New Jersey Department of Transportation
              Office of Alviation.


                  The DEPE will       set  the fee for such application in
              accordance with the Freshwater Wetlands Rules. at N.J.A.C.
              7:7A-16.4. A single permit will be issued for all obstructions
              at a. specific aeronautical facility as indicated on, the office
              of Aviation form, "Notice of Obstructions At An Aeronautical
              Facility".

                  The General Permit will be specifically issued for
              obstruction removal.     For the specific purpose of obstruction
              removal, all areas containing obstructions will be assumed to
              be wetlands, and a formal delineation will not be required. In
              addition, consistent with the provisions of Statewide General
              Permit No. 1, no mitigation will be required.

                  The Permit may include provisions, where appropriate,
              that:   prohibit clear cutting o     'f an area; require selective
              cutting or topping to enhance habitats as well as eliminate
              obstructions; prohibit excessive disturbance to the rest of the
              area being worked; allow alterations which encourage the growth
              of acceptable wetlands vegetation which will          not become an
              obstruction.








                                           A-VIIT 2






            Department of Environmental Pr tection & Energy
            (continued)

                The General Permit will not include any provision which
            would cause an unsafe condition to be created, nor will it
            include any provision which would in any way decrease the level
            of safety of the operations of the aeronautical facility.

                The   DEPE will expedite the review process for such
            applications, and will. authorize a permit or render a negative
            decision within 60 days of receipt of the application. Because
            of the critical safety issues involved, the DOT Office of
            Aviation will be furnished a copy of any permit decision within
            3 days of such action.

                Within 2 weeks of any permit denial, representatives of
            DEPE and DOT will meet to review the matter, in an attempt to
            resolve disparate issues, and in some way allow removal of the
            obstructions.   In the event that agreement cannot be reached
            regarding the permit denial, the applicant may proceed with an
            application for an Individual Permit, and/or an appeal of the
            General Permit denial.


            Actions To Be Taken By The Airport Sponsor
            (Not a part of this agreement, shown for clarification only)

                It shall be the responsibility of the Aeronautical Facility
            Sponsor to make application to DEPE for the necessary permi   ' t'to
            remove or 'alter the obstructing vegetation, as indicated on
            "Notice of Obstructions At An Aeronautical Facility" form.         A
            copy of that application is to be sent to the DOT Office of
            Aviation.

                The Airport Sponsor is responsible for the removal of such
            obstructions in accordance with the provisions of the General
            Wetlands Permit issued by the DEPE.

                The Airport Sponsor shall notify the DOT Office of Aviation
            when such activity has been completed, and before.the 'permit
            has been terminated, to allow for an inspection to ensure all
            obstructions have been totally abated.



                This Memorandum Of Understanding has been reached on
            September 17, 1992 for the respective Departments by:



                      1,17
            Christine M.(/Johnson              Mhn R. W(eingart
            Assistance Commissioner            Assistant Commissioner
            State of New Jersey                State of New Jersey
            Dept of Transportation             Dept of Environmental
                                                  Protection and Energy





                                       A-VM 3


















             The following Memoranda of Agreement between the New Jersey
             Department of Environmental Protection and Energy and the
             Pinelands Commission, U.S. Environmental Protection Agency,
             and the U.S. Army Corps of Engineers are entered into to
             enable the State of New Jersey to carry out the policies,
             regulations and procedures necessary to administer the
             permit program established pursuant to Section 404 of the
             Clean Water Act, 33 U.S.C. 1344, the 11404 program." These
             agreements do not create any substantive standards relating
             to any aspect of the permit program or impose any legal
             obligations on the public.

             These agreements shall be executed by the Commissioner and
             the respective Administrators and shall become effective at
             the time the NJDEPE's authorization to administer the 404
             program takes effect, which shall be the date set out in the
             Federal Register of EPA's decision to approve the State's
             application to administer the 404 program.






































                            A-VIII






                                                                        FEB 2 2 1993


                                  MEMORANDUM OF AGREEMENT


                                          BETWEEN


                               THE NEW JERSEY DEPARTMENT OF


                           ENVIRONMENTAL PROTECTION AND ENERGY


                                          AND THE


                             NEW JERSEY PINELANDS COMMISSION


                 CONCERNING THE REGULATION OF WATERS OF THE UNITED STATES


                                WITHIN THE PINELANDS AREA





               I.   PURPOSE

                    This Memorandum of Agreement between the New Jersey
               Department of Environmental Protection and Energy
               (hereinafter referred to as "Department") and the New Jersey
               Pinelands Commission (hereinafter "Commission") is
               established to enable the Department to fulfill the
               requirements of 40 C.F.R. Part 233 (1988) in order to assume
               the Section 404 program of the Federal Clean Water Act
               (hereafter referred to as the CWA) and to establish a
               framework for the continued protection of wetlands within
               the "Pinelands Area," the boundaries of which are defined at
               N.J.S.A. 13:16A-11, as required by the Pinelands
               Comprehensive Management Plan (CMP), N.J.A.C. 7:50-1.1 et
               seg.

                   This agreement does not create any substantive
               standards under which wetlands and waters will be regulated
               in the Pinelands Area or impose any legal obligations on the
               public. It is' solely intended to aescribe and allocate pre-
               existing,areas of regulatory responsibility to avoid
               unnecessary duplication between the Commission and
               Department.

                   The Pinelands Commission which was mandated by the
               National Parks and Recreation Act of 1978 Public Law 95-625
               and which was created by the Pinelands Protection Act,
               N.J.S.A. 13:18A-1 et sect., was required to develop and
               implement a comprehensive management plan to protect,
               preserve and enhance the land and water resources of the
               Pinelands Area.

                   The commission is the entity authorized to exercise all




                              A-VIII   5








               powers and duties to effectuate the purposes and provisions
               of the Pinelands Protection Act of 1979, N.J.S.A. 13:18A-1
               et secr.- In accordance with N.J.S.A. 13:18A-6, the
               commission is permitted to enter into any and all agreements
               or contracts, execute any and all instruments, and do and
               perform any and all acts or things necessary, convenient, or
               desirable for the purposes of the Commission or to carry out
               any power expressly given in the Pinelands Protection Act.
               The Department is authorized to enter into this agreement
               pursuant to N.J.S.A. 13:9B-1 et secT, and to 13:1D-9.


               II. MUTUAL AGREEMENTS


                    A.   The Department and the Commission agree to the
               following definitions for the purposes of implementing this
               MOA:


                    "Person" means an individual, corporation, partnership,
               association, the Federal government, the State,
               municipality, commission or political subdivision of the
               State, or any interstate body.

                    "State Program" means the State program which has been
               approved by EPA under Section 404 of the Clean Water Act.

                    "Waters of the United States" means all waters and
               wetlands including wetlands, wetlands soils, submerged
               lands, and inland and coastal wetlands as defined at
               N.J.A.C. 7:50-2.11, N.J.A.C. 7:50-6.3, N.J.A.C. 7:50-6.4 and
               N.J.A.C. 7:50-6.5. These definitions are inclusive of all
               areas defined as "waters of the United States" as defined by
               the Department at N.J.A.C. 7:7A-1.4.

                    B.  REGULATORY SCOPE All waters of the United States
               within the Pinelands Area are covered by this agreement
               the exception of those waters over which the Army Corps of
               Engineers retains jurisdiction.

                    C.  REGULATED ACTIVITIES

                    In accordance with State and Federal law, the dischlarge
               of dredged or fill material pursuant to 33 CFR Part 323 and
               40 CFR Part 232 shall not occur in waters of the United
               States without the issuance of a State Program permit unless
               determined by the Department to be exempt from the CWA,
               Sections 404(f)l(A), (C) and (E) and the Freshwater Wetlands
               Protection Act pursuant to N.J.S.A. 13:9B-4a and 4e (ongoing
               farming, ranching, and silvicultural operations). Pursuant
               to State and Federal law, the State Program permit is
               required in addition to any application and approval
               required pursuant to the provisions of the Pinelands
               Comprehensive Management Plan, and any other State or
               Federal approval.

                                                                       FES 2 2 1993

                                 A-VIII 6









                III. ESTABLISHMENT OF BOUNDARIES OF WATERS OF THE UNITED
                STATES

                A.   The Commission shall be the lead agency within the
                Pinelands area to verify the extent of Waters of the United
                States in accordance with the procedural requirements at
                N.J.A.C. 7:50-4.71 and the notice requirements at N.J.A.C.
                7:7A-8. This process enables a person to obtain a Letter of
                Interpretation verifying the limits of waters of the United
                States which occur within a parcel of land or right of -.-.-a'Y'
                or within proximity to a public development project.

                B. If at any time in the future there is a change to the
                methodology for verifying the extent of Waters of the United
                States which results in differences between the extent of
                Waters of the United States as defined at N.J.A.C. 7:7r"'%-1.4,
                and the extent of wetlands as-defined at N.J.A.C. 7:50--1.11,'
                6.3, 6.4, and 6.5, the Letter of Interpretation will state
                these differences.


                C. The delineation and verification of the extent of %iaters
                of the United States established in the Letter of
                Interpretation issued by the Commission shall be accepted by
                the Department for a five year period after the Letter of
                Interpretation takes effect.

                D. If there is disagreement or an unusual circumstance
                concerning a jurisdictional determination, the parties to
                this agreement retain authority to independently or jointly
                establish jurisdictional boundaries.

                IV. PERMITS FOR DEVELOPMENT REQUIRING AN APPLICATION TO THE
                PINELANDS COMMISSION

                    A. The Commission, on behalf of the Department, shall
                administer a process which may authorize regulated
                activities in waters of the United States in accordance @-.rith
                the Statewide General Permit program at N.J.A.C. 7:7A-9.
                The Commission on behalf of the Department may authorize
                these regulated activities within the Pinelands Area, in
                accordance with the requirements of the Pinelands Protection
                Act, Pinelands Comprehensive management Plan and the rules
                adopted pursuant to the Freshwater Wetlands Protection Act.

                    1. The Department will provide the Pinelands
                Commission with standard forms to be used when authorizing
                or denying a regulated activity under the Statewide General
                Permit program.

                    2. The Pinelands Commission will provide the
                Department with a monthly report describing all permit
                activity. In addition, the Pinelands Commission will
                provide copies of denials of permit authorizations to the
                Department upon issuance of the denial.



                                   ,
                                   A
                                    -VIII 7








                    3. An applicant or other affected party may request
               reconsideration by the Commissioner of the Department,
               pursuant to N.J.A.C. 7:7A-12.7 of the Freshwater Wetlands
               Protection Act (FWPA) rules, on any decision to issue or
               deny an authorization made by the Pinelands Commission
               staff, provided that the request is limited solely to issues
               that arise under the FWPA rules. In accordance with
               N.J.S.A. 13:18A-10c and the CMP, no approval shall be
               granted or other action taken as a result of any such appeal
               to authorize any regulated activity which would be
               inconsistent with the CMP, and any challenge to any decision
               to issue or deny an authorization made by the Pinelands
               Commission staff which is based on the consistency of the
               proposed development with the CMP shall be made in
               accordance with the provisions of the CMP.

                    B. According to State law, a person seeking to engage
               in regulated activities in waters of the United States which
               cannot be accomplished in accordance with the requirements
               noted at N.J.A.C. 7:7A-9 is required to obtain an Individual
               State Program permit from the Department prior to the
               commencement of any construction activities. The Department
               shall administer the application process for any Individual
               State Program permit within the Pinelands. In accordance
               with N.J.A.C. 7:50-1 et-sect., the Department shall not
               consider as administratively complete any permit application
               which involves the development of any waters of the United
               States within the Pinelands Area unless the applicant has
               obtained a Certificate of Filing, Certificate of Compliance,
               Public Development Approval or other document from the
               commission which indicates-that an application has been
               completed with the Pinelands Commission. The Commission
               shall transmit to the Department a copy of any Certificate
               of Filing, Certificate of Compliance,.Public Development
               Approval or other document issued for a project which would
               require an Individual State Program permit as outlined in
               this section. In accordance with N.J.S.A. 13:18A-10c and
               the CMP, the Department shall not grant any approval, issue
               any certificate, or take any other action to authorize any
               regulated activity which would be inconsistent with the CMP.

               V.  PERMITS FOR DEVELOPMENT NOT REQUIRING AN APPLICATION TO
               THE PINELANDS COMMISSION

                   According to State and Federal law, persons seeking t o
               conduct activities for which an application to the
               commission is not required but which are regulated by the
               State Program within the Pinelands Area, i.e. dredged or
               fill material into Waters of the United States pursuant to
               33 CFR Part 323 and 40 CFR Part 232, shall obtain a State
               Program permit and the associated Water Quality Certificate.
               from the Department prior to the commencement of any
               regulated activities. The Commission shall notify all
                                                                               1913

                                 A-VIII








                counties and municipalities within the Pinelands Are  a of
                this requirement and shall provide assistance to local
                review agencies and the public in making determinations as
                to the types of development which are subject to this
                provision.

                VI. EMERGENCY ISSUANCE OF PERMITS

                     Persons seeking emergency authorization to conduct
                regulated activities in waters of the United States to
                prevent or reduce immediate threats to life, severe loss of
                property, or severe environmental degradation shall contact
                the Department to request verbal authorization according to
                N.J.A.C. 7:7A-5. For an activity requiring an application
                to the Commission, no work may commence unless i@ has been
                approved pursuant to the provisions of the Pinelands
                Comprehensive Management Plan.

                VII. VIOLATIONS OF THE STATE PROGRAM WITHIN THE PINELANDS
                AREA, PINELANDS COMMISSION LEAD IN ENFORCEMENT ACTIONS

                    According to State and Federal law, no person or other
                entity shall engage in an activity regulated pursuant to the
                State Program, as enumerated in II C above, without a
                permit. Any person or other entity which conducts a
                regulated activity without the benefit of a permit, or in a
                manner that is not in accordance with permit terms and
                conditions, is in violation of the State Program and is
                subject to the provisions of the program as noted at
                N.J.A.C. 7:7A-15 and N.J.A.C. 7:7A-17. Except for
                development activities that do not require an application to
                the Commission pursuant to N.J.A.C. 7:50-4.1, the Commission
                shall be primarily responsible for the initial investigation
                of any alleged violation of the State Program within the
                Pinelands Area. For those activities which require an
                application to the Department only, the Department shall be
                primarily responsible for the investigation. Upon receiving
                the necessary information from the Commission regarding a
                potential violation, the Department shall be responsible
                for issuing all Notices of Violation and for the assessment
                of civil administrative penalties, the filing of an action
                for civil penalties, and the petitioning of the Attorney
                General to bring a criminal action pursuant to N.J.S.A.
                13:9B-21, N.J.A.C. 7:7A-15, N.J.A.C. 7:7A-17, and N.J.A.C.
                7:14-8.


                VIII.    REIMBURSEMENT OF THE PINELANDS COMMISSION

                    The Department shall reimburse the Commission from the
                fees received by the Department for the administration of
                Letters of Interpretation and the Statewide General Permit
                program by the Commission in the Pinelands Area in
                accordance with the Budget and Appropriations Act.


                                                                               2

                                 A-VIII  9










               IX.        RESOURCE DATA AND PERMIT REPORTING

                    The Department and Commission agree to jointly develop
               a process to record, track, and quantify information about
               regulated activities authorized by the Commission,
               violations of the State Program, and any other information
               deemed necessary by the U.S.E.P.A in order for the
               Department to assume.Section 404 of the CWA.

               X.   SEVERABILITY


                    If any section or clause of this agreement, or
               application thereof to any person, is adjudged
               unconstitutional or invalid by a court of competent
               jurisdiction, such judgement shall be confined in its
               operation to the section, clause or application directly
               involved in the controversy in which such judgement shall
               have been rendered, and it shall not affect or impair the
               remainder of this agreement or the application therecf to
               other persons.


               XI. REVISIONS


                    Revisions  and amendments to this MOA may be made .-ihen
               deemed necessary by the Department or Commission. Any such
               revisions or amendments to this document shall become
               .effective upon the mutual agreement of the Commissioner of
               the Department or his designee and the Commission.

               XII. EFFECTIVE DATE AND DURATION

                    A.   This Memorandum of Agreement shall become
               effective upon the approval of the State Program by the
               Administrator of the EPA and subsequent to approval by the
               authorized representatives of both parties and after the
               conclusion of the Governor's review period of the
               Commission's minutes.

                    B.   This agreement shall remain in effect until
               otherwise amended or terminated by either party upon sixty
               (60) days written notice.

















                               A-VIII 10













                 XIII.       SIGNATURES


                 Date:                 By:

                                          Scott A. Weiner, Commissioner
                                          State of New Jersey
                                          Department of Environmental Protection
                                          and Energy

                 Approved as to form By:                                

                                           Deputy Attorney General


                 Date:                 By:

                                          Terrence D. Moore, Executive Director
                                          Pinelands Commission



                 Approved as to form By:

                                           Deputy Attorney-General
                 Date:      

                (1/7/93)














                                                           














                                   A-Viii









                                          RESOLUTION OF THE NEW JERSEY PINELANDS COMMISSIO.

                                          No. PC4-93- 21


                                          TITLE:    Authorizing the Executive Director to Sign a Memorandum of Agree-
                                                    ment with the New Jersey Department of Environmental Protection
                                                    and Energy Concerning the Regulation of Waters of the United
                                                    States Within the Pinelands Area.





                                                       Ashmun                                       Chavooshian
                                          Commissioner                     moves and Commissioner
                                          sec.onds the motion that:





                                          WHEREAS, the New Jersey Pinelands Commission was established by the
                                          Pinelands Protection Act (N.J.S.A. 13:18A-1 et seq.) as a public body, cor-
                                          )orate and politic to prepare and administer the Pinelands Comprehensive
                                          Management Plan to protect the resources of the Pinelands Area of the State
                                          of New Jersey; and

                                          WHEREAS, the Pinelands Protection Act designates the Pinelands Commission
                                          as the Planning Entity to exercise the authority granted under Section 502
                                          of the National Parks and Recreation Act of 1978; and

                                          WHEREAS, Section 6 of the Pinelands Protection Act authorizes the Pinelands
                                          Commission "to enter into any and all agreements or contracts, execute any
                                          and all instruments, and do and perform any and all acts or things neces-
                                          sary, convenient, or desirable for the purposes of the Commission to carry
                                          out any power expressly given in this act"; and

                                          WHEREAS, the Now Jersey Department of Environmental Protection and Energy
                                          wishes to assume the administration of the Section 404 program of the
                                          Federal Clean Water Actj and

                                          WHEREAS, the New Jersey Department of Environmental Protection and Energy
                                          must establish a Memorandum of Agreement with the Pinelands Commission to
                                          fulfill the-requirements of 40 C.F.R. Part 233 (1988) in order to assume
                                          the administration of the Section 404 program of the Federal Clean Water
                                          Act; and

                                          WHEREAS, the Pinelands Commission and the New Jersey Department of Environ-
                                          .iental Protection and Energy desire to minimize duplicative review of ap-
                                          plications and to ensure protection of wetlands within the Pinelands Area
                                          according to the requirements of the Pinelands Comprehensive Management,
                                          Plan, N.J.A.C. 7:50-1.1 et seq.; and

                                          WHEREAS, the Environmental Protection Agency and the Corps of Engineers
                                          have recognized certain activities as being water dependent and therefore
                                          permitted in wetlands; and

                                          WHEREAS, current Section 404 Nationwide Permits and Regulatory 'Guidance
                                          Letters will not be available to applicants after the assumption becomes
                                          effective; and

                                          WHEREAS, nothing  in this agreement is intended to require the Pinelands
                                          lommission to interfere with compatible agricultural activities in wetlands
                                          ihich are consistent with the Pinelands Comprehensive Management Plan; aind













                                              A-VIII       12










                                                                                                4321                                              2

                                                                              WHEREAS, the Pinelands Commission previously authorized the Exec0t.
                                                                              Director on August 6, 1992 (Resolution No. PC4-92-104) to sign a Memorandum
                                                                              of Agreement with the New Jersey Department of Environmental Protection and
                                                                              Energy concerning the regulation of waters of the United States within the
                                                                              Pinelands Area and subsequent revisions to the Memorandum of Agreement were
                                                                              made by the Department and the Attorney General's office making it neces-
                                                                              sary for the Pinelands Commission to again authorize the Executive Director
                                                                              to execute this agreement.

                                                                              NOW, THEREFORE, BE IT.RESOLVED that the Pinelands Commission agrees to
                                                                              enter into the attached Memorandum of Agreement and the Executive Director
                                                                              is authorized to execute said agreement between the Pinelands Commission
                                                                              and the New Jersey Department of Environmental Protection and Energy.

                                                                              BE IT FURTHER RESOLVED that the Pinelands Commission strongly urges the New
                                                                              Jersey Department of Environmental Protection and Energy to consider ad.op-
                                                                              tion of Statewide General Permits which will function in place of Nation-
                                                                              wide Permits for agricultural activities which are compatible with wetlands
                                                                              prior to or upon assumption of the administration of the Section 404
                                                                              program as long as such permits are consistent with the objectives of the
                                                                              Pinelands Protection Act and the Freshwater Wetlands Protection Act.









































                                                                                                                                       Record of CoMission Votes
                                                                                Commissioners               AYE MAY NP AIS Ccostissicines                  AYE MAT NP ADS      C00101fillonefs             A MY VP ABS
                                                                                 A                        JL/ I     I I I Dartington                                I   I I ftrall                         %.'I   I
                                                                                 Auerbach                     -/I    16" I Hasen                                                  Norcross                        I   IV
                                                                                 Avery                       V I -. I _ _ -24- _4_48LL_8448        a"-,-                           I   I L/
                                                                                 Brown                        6/1    1 1 1 Lofko                            I08V01                 SuLtIvan
                                                                                 Chavooshion                  V01     I I I McFadden                         I00A
                                                                                                           Adopted at a Meeting of the Pinetanift Ccomilasion                    to- _60M 60A11111                      40V

                                                                                  -----------
                                                                                                    7

                                                                                                                                                                                _6Cchac J.. asut van
                                                                                                                 4%-Irector








                                                                                                 A-VIII 13
 















                                  MEMORANDUM OF AGREEMENT


                              BETWEEN THE STATE OF NEW JERSEY


                              AND THE DEPARTMENT OF THE ARMY


            I.   PURPOSE AND AUTHORITY


                 A.   Section 404(g) thru (1) of the Clean Water.,Act of 1977
            (CWA) Public Law 92-500, as amended by Public Law 95-217, 33
            U.S.C. 1344(g) through (1) authorizes the Administrator of the
            United States Environmental Protection Agency (EPA) to approve a
            state administered program  for the assumption of the Section 404
            permit program for certain  waters of that state. The EPA has
            promulgated regulations at  40 C.F.R. Part 233 outlining its
            requirements for approving  a State Program.

                 B.   The State of New  Jersey (State) is submitting its
            program for the assumption  of the Section 404 program in
            compliance with the above cited authorities. This Memorandum of
            Agreement (MOA) between the State and the Corps fulfills the
            requirements of 40 C.F.R. Section 233.14.

                 C.   Section 404 of the Clean Water Act authorizes the
            Secretary of the Army, acting through the Chief of Engineers, to
            regulate the discharge of dredged or fill material into waters of
            the United States. The Corps' North Atlantictivision, acting
            through the New York and Philadelphia Districts, currently
            administers the Section 404 program in the State. The Division
            Engineer, North Atlantic Division, has been delegated the
            authority to enter into this Memorandum of Agreement.

                 D.   The New Jersey Department of Environmental Protection
            and Energy (NJDEPE) pursuant to the Freshwater Wetlands
            Protection Act (FWPA), P.L. 1987, c.156 (codified at 13:9B-1 et
            seq.), is authorized to issue permits for regulated activities
            conducted in State regulated waters, including the discharge of
            dredged and fill material. The Commissioner of the NJDEPE is
            given the aiithority to issue permits pursuant to the FWPA and is
            the state official charged with administering the State Program
            when assumed in accordance with 40 CFR part 233.

            II. EFFECTIVE DATE AND REVISIONS

                 A.   This MOA will become effective upon approval of the
            State Program by the Administrator of the EPA.

                 B.   This MOA, and procedures establ'ished in conformance
            with it, shall be reviewed as necessary by the NJDEPE and the
            Corps. This agreement may be modified upon the initiative of





                            A-VIII    14









              either party. Amendments to this agreement shall be in writing,
              and shall become effective upon the signature of both parties.
              Amendments shall be made in conformance with 40 C.F.R. 233.16.

                   C.   This MOA will remain in effect until.such time as
              NJDEPE's program authorization is withdrawn or is voluntarily
              transferred by NJDEPE to the Corps according to the criteria and
              procedures established in 40 C.F.R. 233.53.

              III. STATE WATERS TO BE REGULATED


                   A.   All waters of the United States, as defined at 40
              C.F.R. Section 232.2(q), within the State of New Jersey will be
              regulated by NJDEPE as part of their State Program, with the
              exception of those waters which are presently used, or are
              susceptible to use in their natural condition or by reasonable
              improvement as a means to transport interstate or foreign
              commerce shoreward to their ordinary highwater mark, including
              all waters which are subject to the ebb and flow of the tide
              shoreward to their mean high water mark, including wetlands
              adjacent thereto. For the purposes of this agreement, the Corps
              will retain regulatory authority over those wetlands that are
              partially or entirely located within 1000 feet of the ordinary
              high water mark or mean high tide of the Delaware River,
              Greenwood Lake, and all water bodies which are subject to the ebb
              and flow of the tide.

                   State waters will generally be determined by superimposing
              Head of Tide data on the State's freshwater wetlands quarter
              quadrangles which are at a scale of one inch equals 1000 feet. A
              line will be established parallel to and 1000 feet from the
              ordinary high water mark or mean high tide of the waters
              described above. The Corps will retain jurisdiction over all
              wetlands which are waterward of, or intersected by, the
              jurisdictional line described above.

                   In those waters over which NJDEPE does not assume
              jurisdiction under the State Program, NJDEPE will retain
              jurisdiction under State law, and both State and federal
              requirements will apply.

                   B.   Bodies of water over which NJDEPE will not assume 404
              program jurisdiction include, but are not limited to:

                   1.   The entire length of the Delaware River and adjacent
              wetlands, as described in A. above, within the State of New
              Jersey;

                   2.   Waters of the United States falling under the
              jurisdiction of the Hackensack Meadowlands Development
              Commission;

                   3.   Greenwood Lake and adjacent wetlands, as described in
              A. above;





                                 A-VIII   15










                  4.    All tidal waterbodies to the head of tide and adjacent
             wetlands,  as described in A. above; and

                  5.    All waterways not included in 1-4, above, that are
             served by  an existing or proposed federal navigation project, and
             adjacent wetlands. The Philadelphia and New York Districts will
             provide NJDEPE with a listing of such projects and update those
             lists as necessary.

                  C.    Modifications to the extent of State regulated waters
             will be made when the Corps makes a navigability determination in
             accordance with the provisions of 33 C.F.R. Part 329 (19S7) that
             the waterway is presently used or is susceptible to use in its
             natural condition or by reasonable improvement as a means to
             transport interstate or foreign commerce. Modifications will be
             made according to the provisions of section II. B. of this MOA.

             IV. JOINT PROCESSING PROCEDURES


                  In areas where NJDEPE and the Corps have concurrent
             regulatory jurisdiction, NJDEPE and the Corps agree to establish
             and follow Joint Processing Procedures. These procedures will
             significantly reduce both duplicative regulatory effort by NJDEPE
             and the Corps, and duplicative requirements upon applicants for
             NJDEPE and Corps permits. The procedures include joint
             applications, designating NJDEPE as the lead agency for
             jurisdictional determinations/letters of interpretation, and
             programmatic general permits to be issued by the Corps under the
             authority of 33 C.F.R. Section 325.5(c) (3).

             V. PERMITS AND PENDING PERMIT APPLICATIONS


                  A.    INDIVIDUAL PERMITS

                  Department of the Army Individual permits issued prior to
             the date of assumption for regulated activities in assumable
             waters shall remain in effect for the purposes of Section 404
             after State assumption. These permits shall continue to be
             effective for the original duration established by the Corps.
             Requests for extensions or modifications of the above described
             permits, after the date of assumption, shall be made to NJDEPE.

                  B.    NATIONWIDE PERMITS .

                  on November 22, 1991, the Chief of Engineers issued thirty-
             seven (37) nationwide permits which authorize many regulated
             activities, 51 Fed. Reg. 41254 (codified at 33 C.F.R. Section
             330). However, the Nationwide permits adopted on November 22,
             1991 do not constitute a basis for exemption from the FWPA and
             therefore permits under the State Program are required.







                               A-VIII 16










                   C.   REGIONAL PERMITS (STATE PROGRAM GENERAL PERMITS)

                   After assumption of the 404 program by NJDEPE, the Corps
             will no longer issue regional permits in waters subject to
             regulation under the State Program. Authorizations approved
             prior to the date of assumption, under existing State program
             general permits issued by the Corps District Engineer, for
             regulated activities in assumable waters, shall remain in effect
             for the purposes of Section 404 after State assumption. These
             authorizations shall continue to be effective for the original
             duration established by the Corps. Requests for extensions or
             modifications of the above described permits, after the date of
             assumption, shall be made to NJDEPE.

                   D.   STATEWIDE GENERAL'PERMITS

                   Authorizations approved prior to the date of assumption
             under Statewide general permits issued by the Commissioner of the
             NJDEPE for regulated activities in assumable waters  ' shall remain
             in effect for the purposes of Section 404 after State assumption.
             These permits shall continue to be effective for the original
             duration.

                   E.   Upon notification of program approval from the
             Administrator of EPA, the Corps will transfer to the NJDEPE any
             pending permit application files within the area of State '
             regulated waters. The Corps will however, retain the records
             pertaining to completed, currently valid permits and
             authorizations in order that the Corps may continue to administer
             and enforce the terms and conditions of these permits. However,
             upon request by the Corps, NJDEPE will assist in administering
             and enforcing the terms and conditions of specific permits.

             VI. REVIEW OF APPLICATIONS FOR STATE PROGRAM PERMITS

                   A. The Corps reserves the right to review applications for
             permits to be issued under the State Program, for projects which,
             due to their size or scale, may have an impact upon navigation in
             Navigable Waters of the United States as defined at 33 C.F.R.
             Part 329, and projects involving discharges which could have an
             impact upon existing or proposed Corps projects. The Corps shall
             provide a list to the NJDEPE of proposed Corps projects which may
             be impacted by projects proposed by other persons. The Corps
             agrees to update this list as necessary.

             VII. ENFORCEMENT

                   A. In those waters subject to the State Program, the Corps
             will not be responsible for enforcing against unauthorized
             discharges of dredged and fill material in violation of the CWA
             which occur after the effective date of this MOA.

                   NJDEPE will take timely and appropriate enforcement action




                                   A-VIII 17








              against persons in violation of the State Program permit
              conditions and against persons conducting unauthorized discharges
              of dredged or fill material into state regulated waters pursuant
              to N.J.A.C. 7:7A-15.


                    B. The Corps will retain the records and responsibility for
              enforcement actions for unauthorized activities which occurred
              prior to the effective date of the FWPA.

                    C. For those unauthorized activities which occurred after
              the effective date of the FWPA but prior to the effective date of
              this MOA, which are the subject of ongoing enforcement actions by
              both the State and the Corps, the Corp agrees to transfer the
              lead for these cases to the State. However, upon request by the
              NJDEPE, the Corps will assist in resolving specific cases. The
              NJDEPE will notify the Corps of the proposed resolution of
              transferred cases. If the Corps does not disagree with the
              action to be taken by the State, then the resolution of an action
              by the State will also constitute resolution of the Federal
              action. If there is a disagreement or an unusual circumstance
              concerning a violation, the parties to this agreement retain
              authority to independently pursue resolution of a violation.

                                          ST         W JER EY


              Date:                       B
                                          Scott A. eiYier, -Commissioner
                                          State of New Jersey
                                          Department of Environmental Protection
                                          and Energy
                                          DEPARTMEV OF THE ARMY
              Date:                       By:           __J@
                             4F           PA   Y. CHI@ @, Bri4adier   General
                                            it d Stat@ak_ Army
                                                    C1;1
                                          Divi ion Engineer
                                          North Atlantic Division
                                           T@        W @JER @EY@.
                                          Y.

                                          @PYA@@
                                               Y  C@H'
                                             ted Sta






























                                 A-VIII   18











                             MEMORANDUM OF AGREEMENT BETWEEN


              THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION & ENERGY


                  AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY





            I.   GENERAL


            A.   Purpos

                 This Memorandum of Agreement (hereinafter "Agreement")
            between the New Jersey Department of Environmental Protection &
            Energy (NJDEPE) and the United States Environmental Protection
            Agency (Region II) (EPA), is entered into to enable the State of
            New Jersey to carry out the policies, regulations and procedures
            necessary to administer the permit program established pursuant
            to Section 404 of the Clean Water Act (CWA), 33 U.S.C* 1344,
            hereinafter referred to as "the 404 program," thereby fulfilling
            the requirements of the Freshwater Wetlands Protection Act, P.L.
            1987, c. 156. This agreement does not create any substantive
            standards relating to any aspect of the permit program or impose
            any legal obligations on the public.

            B:   Parties and Effective Date

                 (1) This agreement is entered into by the State of New
            Jersey through the commissioner of the NJDEPE ("Commissioner")
            and the United States Environmental Protection Agency through the
            Regional Administrator of Region II ("Administrator").

                 (2) This agreement shall be executed by the Commissioner
            and the Administrator and shall become effective at the time the
            NJDEPE's authorization to administer the 404 program takes
            effect, which shall be the date set out in the Federal Register
            of EPA's decision to approve the State's application to
            administer the 404 program.

                 (3) Nothing in this agreement shall be construed to
            restrict in any way EPA's authority to fulfill its oversight and.
            enforcement responsibilities under the CWA, nor shall it restrict
            NJDEPE's enforcement responsibilities under New Jersey law.

                 (4) This agreement will remain in effect until such time as
            NJDEPE's program authorization is modified or withdrawn by EPA or
            is voluntarily transferred by NJDEPE to the Army Corps of
            Engineers (ACOE) according to the criteria and procedures
            established in 40 C.F.R. 233.53.


            C.   Modification

                 This agreement may be modified pursuant to 40 C.F.R. 233.16
            upon the 'initiative of either party. Amendments to this




                              A-VIII   19









              agreement shall be in writing, and shall be effective upon the
              signature of both parties.

              D.   Confidentiality

                   (1) All of th e information EPA transfers to NJDEPE will be
              provided subject to the procedures and limitations of 40 C.F.R.
              233 .3 .

                   (2) Any information obtained or used in the administration
              of the State Program shall be available to EPA without
              restriction. If information has been submitted to NJDEPE under a
              claim of confidentiality, NJDEPE must inform EPA of such claim.
              All information submitted by NJDEPE subject to a claim of
              confidentiality shall be treated in accordance with the
              procedures of 40 C.F.R. Part 2., 40 C.F.R. 233.3(c) and N.J.A.C.
              7:7A-11.4.


              E.   Computing Time Periods

                   In computing any period of time prescribed by this
              agreement, the day on which the designated period of time begins
              shall not be included. Saturdays, Sundays, and legal holidays
              shall be included. When a stated time expires on a Saturday,
              Sunday or legal holiday, the stated time period shall be extended
              to include the next business day.


              F.   Legal Framework

                   .(1) The legal basis for the State's assumption of the 404
              program is provided by Section 404(g)(1) of the Clean Water Act,
              which authorizes the Administrator of the EPA to approve state
              administered programs for regulating the discharge of dredged or
              fill material into State regulated waters as defined at 40 C.F.R.
              232.2, and by N.J.S.A. 13:9B-27 of the Freshwater Wetlands
              Protection Act which mandates the State of New Jersey to take all
              appropriate actions to secure the assumption of the permit
              'jurisdiction exercised by the U.S. ACOE pursuant to the Federal
              Act.

                   (2) The implementing regulations concerning assumption of
              the 404 program under the CWA are found at 40 C.F.R. 230, 232 and
              233.

                   (3) The State's legal authority for the activities required
              for assumption is provided by N.J.S.A. 13:9B-1 et sea., and
              N.J.S.A. 58:10A-1 et sect., which authorizes the NJDEPE to issue
              permits for the discharge of dredged or fill material into waters
              of the United States within the boundary of New Jersey or subject
              to its jurisdiction.

                   (4) Prior to the assumption of the 404 program by NJDEPE,
              the North Atlantic Division of the United States Army Corps of





                                A-VIII









            Engineers (Corps) has administered the 404 program in New Jersey.
            The Division Engineer of the North Atlantic Division has been
            delegated the authority to enter into a Memorandum of Agreement
            which will transfer the program to NJDEPE pursuant to CWA
            requirements.

                 (5) NJDEPE's Memorandum of Agreement with the Corps
            stipulates joint permit processing responsibilities for
            activities which involve non-assumable waters, as well as
            transfer of permitting authority from the Corps to NJDEPE. This
            agreement identifies the State waters to be regulated, joint
            processing procedures, general permit procedures, transfer of
            records, protection of navigation or anchorage, permitting for
            Corps water resource projects and permitting for emergency work.
            The legal effect of the Memorandum of Agreement between the
            NJDEPE and the Corps is conditioned upon approval of the State's
            program and of this agreement between NJDEPE and the EPA.

            G.   Policy-Statement

                 (1) Each of the parties to this agreement is responsible
            for ensuring that its obligations under the CWA are met. Upon
            approval of the State's application from EPA, NJDEPE assumes
            primary responsibility for implementing certain provisions of the
            404 program within New Jersey's boundaries. This will be
            accomplished under the authority of State law. EPA retains its
            responsibility to ensure full and faithful execution of the
            requirements of the CWA, including direct implementation in the
            event NJDEPE does not act in accordance with the CWA, or does not
            act in a timely fashion. The Commissioner and the Administrator
            agree to maintain a high level of cooperation and coordination
            between their respective staffs and to work in partnership to
            assure successful and effective administration of the 404
            program.


            II. PERMIT APPLICATION REVIEW AND PERMIT ISSUANCE

            A.   Lead Agency Responsibility for 404 Program

                 (1) NJDEPE is the lead agency in New Jersey for
            administering the State Program. The Commissioner shall
            administer the State Program as approved by EPA, using this MOA,
            applicable state and federal laws, and any separate working
            agreement which shall be entered into with the Administrator as
            necessary for full administration of the program. The strategies
            and priorities for permit review,, compliance monitoring and
            enforcement of permits shall be established by the Commissioner
            and shall be reviewed annually by the Administrator.

                 (2) NJDEPE is responsible for expeditiously drafting,
            circulating for public review and comment, issuing, modifying,
            reissuing and terminating or denying State Program permits for
            all discharges of dredged or fill material into state regulated
            waters, as defined at 40 C.F.R. 232.2. The Commissioner has




                               A-VIII 21









               delegated the State Program to Environmental Regulation subject
               to the provisions of N.J.A.C. 7:1-1.3. NJDEPE will use
               procedures and policies found in N.J.A.C. 7:7A and N.J.A.C. 7:14
               in its administration of the program.

               B.   Waiver of Review


                    (1) Pursuant to Section 404(k) of the CWA,,EPA waives the
               requirements of Section 404(j) regarding Federal review of NJDEPE
               permit applications for all but the following categories of
               permits:

                    a.   Draft general permits;

                    b.   Discharges with reasonable potential for affecting
               Federally listed or proposed endangered or threatened species;

                    C.   Discharges of dredged or fill material which have the
               potential for adverse impacts on the waters of a state other than
               New Jersey;

                    d.   Discharges known or suspected to contain toxic
               pollutants as identified by Section 307(a)(1) of the CWA;
               hazardous substances identified pursuant to Section 311 of the
               CWA and Section 101(14) of the Comprehensive Environmental
               Response Compensation and Liability Act, 42 U.S.C. 9601 et seg.;
               toxic substances as defined by Section 3 of the Toxic Substances
               Control Act, 15 U.S.C. 2601 et seg.; and hazardous waste as
               defined by Section 1004(5) of the Resource Conservation and
               Recovery Act, 42 U.S.C. 6901 et sea.,

                    e. Discharges located in the    proximity of a public water
               supply intake;

                    f. Discharges within critical areas established under State
               or Federal law, including but not limited to National and State
               parks; fish and wildlife sanctuaries or refuges; National and
               historical monuments; wilderness areas and preserves; sites
               identified or'proposed under the National Historic Preservation
               Act; and components of the National Wild and Scenic Rivers
               system;
                    g. @he filling of 5 or more acres of freshwater wetlands or
               State open waters and/or any regulated activity which results in
               significant reductions in the ecological, commercial, or
               recreational values of five or more acres of freshwater wetlands
               or State open waters;

                    h.   Culvert enclosures of more than 100 feet with more than
               200 cubic yards of fill in waters regulated by NJDEPE;

                    i.   Channelization of more than 500 feet of a river or
               stream.






                                    A-VIII  22









                  (2) The Administrator may terminate waiver of the review of
             categories of permit applications outlined in this MOA as well
             the waiver of review of specific permit actions at any time by
             sending the Commissioner written notice of implementation.

                  (3) The Department may request review by the EPA of
             specific projects based on the potential for significant adverse
             environmental impacts.

             C.   Review Procedures

                  (1) The Commissioner shall promptly transmit to the
             Administrator:

                  a.   A copy of the public notice for any complete permit
             applications received by NJDEPE, except those for which permit
             review has been waived under this agreement. NJDEPE shall supply
             the Administrator with copies of public notices for permit
             applications for which permit review has been waived whenever
             requested by EPA.

                  b.   A copy of a draft general permit whenever NJDEPE
             intends to issue or amend a general permit. The draft general
             permit shall comply with the requirements of 40 C.F.R. 233.21.

                  C.   Notice of every significant action taken by NJDEPE
             related to the consideration of any draft general permit or
             permit application except those for which federal review has been
             waived.

                  d.   A monthly report outlining all completed permit
             decisions and jurisdictional determinations. NJDEPE should
             supply the Administrator with a copy of any permit or
             jurisdictional determination whenever requested by EPA.

                  (2) If the information provided is inadequate to determine
             whether the permit application or draft general permit meets
             federal requirements, the Administrator may, within 30 days of
             receipt of the information, request the Commissioner to transmit
             to the Administrator the complete record of the permit
             proceedings before NJDEPE, or any portion of the record, or any
             other information, including a supplemental application, that the
             Administrator determines is necessary for review.

                  (3) Unless review has been waived under this agreement, the
             Administrator shall provide a copy of each of the documents
             specified at 40 C.F.R. 233.50 to the Corps, FWS, and the United
             States National Marine Fisheries Service (NMFS) in accordance
             with the procedures at 40 C.F.R. 233.50.

                  (4) If the Administrator intends to comment upon, object
             to, or make recommendations with respect to a permit application,
             draft general permit, or the Commissioner's failure to accept the
             recommendations of an affected state, the Administrator shall so





                                   A-VIII 23







                                                                                4




             notify the Commissioner in accordance with 40 C.F.R. 233.50. if
             the commissioner has been so notified, the Commissioner and the
             Administrator shall follow the procedures set forth at 40 C.F.R   .
             233.50.


                   (5) In the event that NJDEPE neither satisfies EPA's
             objections or requirement for a permit condition nor denies the
             permit, the Corps shall process the 404 permit application.

             D.    Prohibitions,on Issuing Permits

                   No permit shall be issued by the Department in the following
             circumstances:

                   (1) When permit does not comply with the requirements of
             the CWA or regulations thereunder, including the Section 404 (b) 1
             Guidelines (40 CFR Part 230).

                   (2) When the Regional Administrator has objected to the
             issuance of the permit under 40 C.F.R. Part 233.50 and the
             objection has not been resolved to the Regional Admininistrator's
             satisfaction.

                   (3) When the proposed discharges would be in an area which
             has been prohibited, withdrawn, or denied as a disposal site by
             the Administrator under Section 404(c) of the CWA, or when the
             discharge would fail to comply with a restriction imposed
             thereunder.

                   (4) If the Corps determines, after consulting with the
             Coast Guard, that anchorage and navigation of any navigable
             waters would be substantially impaired.

             III. ENFORCEMENT

             A.    EPA will retain responsibility for all pending enforcement
             actions for which EPA has requested lead agency status prior to
             assumption.

             B.    State Enforcement

                   NJDEPE will take timely and appropriate enforcement action
             against persons in violation of the State Program permit
             conditions and against persons conducting unauthorized discharges
             of dredged or fill material into state regulated waters pursuant
             to N.J.A.C. 7:7A-15.

             C.    EPA Enforcement Oversight

                   (1) In instances where the EPA determines that the NJDEPE
             has not initiated timely and appropriate enforcement action
             regarding a State Program permit violation or an unauthorized
             discharge, EPA may proceed with any or all of the enforcement
             options available under Section 309 of the*CWA.




                               A-VIIJ   24










                  (2) Prior to proceeding with federal enforcement action
             against a State Program permit violator or an unauthorized
             discharger, and for purposes of providing notice only, EPA shall
             inform NJDEPE that federal enforcement action is to be initiated
             forthwith. This notification shall be in the form of a telephone
             or written communication by the Administrator to the Commissioner
             or a designee. Except in the exercise by EPA of its emergency
             power under Section 504 of the CWA, such notification shall be
             provided in all cases of federal enforcement action regardless of
             the existence or extent of previous communication between EPA and
             NJDEPE on the matter. It is expected that preliminary staff
             discussions will take place between EPA and NJDEPE
             representatives before institution of federal enforcement action.
             If EPA.fails to provide notice such failure does not invalidate
             EPA's ability to enforce.

             D.   Joint Enforcement

                  (1)  Either agency -may request the other to take independent
             or joint enforcement action on.any case. Any such request shall
             be in writing and a response shall be given within 30 days of
             receipt. Where there may be an imminent and substantial danger
             to human health or welfare or the environment, such a request may
             be made by telephone or other means. The details of enforcement
             coordination will be specified in a yearly NJDEPE/EPA agreement,
             which will be drafted following state program approval and
             reviewed annually. The NJDEPE/EPA agreement shall not override
             the terms of this agreement.

             IV. Program Maintenance

             A.   Duty to Maintain Program compatibility

                  (1) NJDEPE's State Program will be conducted in conformance
             with applicable regulations and definitions found in 40 C.F.R.
             Parts 230 and 233, and in N.J.A.C. 7:7A, unless provided
             otherwise in this agreement. Whenever any regulations found in
             40 C.F.R. Parts 230 and 233 have been revised or amended in a
             manner which affects the State Program, the Administrator shall
             so notify the Commissioner. However, nothing precludes the State
             from adopting or enforcing requirements which are more stringent
             or from operating a program with greater scope than that required
             by 40 C.F.R. Parts 230 and 233.

                  (2) EPA will keep NJDEPE informed of the content and
             meaning of federal statutes, regulations, guidelines, standards,
             policy decisions, directives, and any other factors that affect
             the State Program. EPA will forward copies of all guidance
             documents, as they become available, to NJDEPE. Guidance
             documents are to be sent to: Land Use Regulation Program,
             Environmental Regulation, New Jersey Department of Environmental
             Protection and Energy, CN 401, 501 East State Street, Trenton,
             New Jersey 08625. EPA will also provide general technical




                                  A-VIII 25









              guidance to NJDEPE. . EPA will share with NJDEPE any national
              reports developed by EPA from the data obtained through state
              reporting requirements. EPA shall provide NJDEPE with all
              guidance and technical resource documents unless EPA is notified
              that guidance and technical documents are being sent directly to
              NJDEPE by EPA headquarters.
                   (3) The Commissioner agrees to inform the Administrator of
              any proposed or adopted program changes which would affect
              NJDEPE's ability to implement the authorized program, any
              proposed transfer or responsibility to another agency, and any
              other modifications which are significant to administration of
              the program.

              B.   EPA Oversight of State Program

                   (1) The Administrator will assess the administration and
              enforcement of the State Program on a continuing basis for
              equivalence and consistency with the CWA, this agreement, and all
              applicable federal requirements and policies and for adequacy of
              enforcement. This assessment will be accomplished by : (1)
              timely EPA review of information subritted by NJDEPE in
              accordance with this agreement; (2) permit overview; (3)
              compliance and enforcement overview; and (4) annual review of
              NJDEPE program activities.

                   (2) The Administrator may also consider, as part of this
              regular assessment, written comments about NJDEPE's program
              administration and enforcement that are received from regulated
              persons, the public, and federal, state and local agencies. Any
              response by the Administrator to the public comment will be
              preceded by notice to the Commissioner in accordance with this
              paragraph. Copies of any such comments received by the
              Administrator will be provided to the Commissioner within thirty
              (30) days of their receipt by EPA. The Commissioner will have 30
              days from receipt of the copies of such comments to provide the
              Administrator with NJDEPE's response. The Administrator will
              take NJDEPE's response into account prior to issuing a response
              to regulated persons, the public, or federal, state or local
              agencies. In addition, the Commissioner will be copied on all
              responses issued by the Administrator within 30 days of their
              issuance.


              C.   Annual Reports

                   (1) Within 90 days after completion of the State's fiscal
              year (June 30), the Commissioner shall submit to the
              Administrator a draft annual report in accordance with the.
              requirements of 40 C.F.R. 233.52.

                   (2) The State shall make the draft annual report available
              for public inspection.

                   (3) Within 60 days of receipt of the draft annual report,
              the Administrator will complete review of the draft report and





                                  A-VIII 26









             transmit comments, questions, and/or requests for additional
             evaluation and/or information to the Commissioner.

                  (4) Within 30 days of receipt of the Administrator's
             comments, the State will finalize the annual report,
             incorporating and/or responding to the Administrator's comments,
             and transmit the final report to the Administrator.

                  (5) Upon acceptance of the annual report, the Administrator
             shall publish notice of availability of the final annual report.

             D.   Annual Review and Performance Evaluation

                  (1) EPA shall conduct annual performance evaluations of the
             State Program from NJDEPE's annual reports and other requested
             information. The performance evaluation shall determine the
             State Program's consistency with the program as approved, and
             with applicable regulations, guidance and policies. The annual
             review will be conducted within 60 days of receipt by the
             Administrator of the final State annual report, and will include
             a review of expenditures of federal funds.

                  (2) EPA shall submit a report of the evaluation findings to
             the NJDEPE outlining any perceived deficiencies in program
             performance and making recommendations for improving NJDEPE
             operations. If NJDEPE is requested by EPA to respond to the EPA
             program evaluation report, NJDEPE will have 60 days from the date
             of receipt of the report to respond in writing. NJDEPE's
             response shall address each EPA recommendation specifically.

                  (3) Either party to this agreement may call a meeting to
             discuss NJDEPE's annual report, the annual review process, and/or
             the performance evaluation.

             E.   Procedures for Revision of the State Program

                  (1) Either EPA or NJDEPE may initiate program revision.
             Program revision may be necessary when the controlling federal or
             state statutory or regulatory authority is modified or
             supplemented or for other reasons. The NJDEPE shall keep EPA
             fully informed of any proposed modifications to its basic
             statutory or regulatory authority, its forms, procedures, or
             priorities.

                  (2) Revision of the State Program shall be accomplished in
             accordance with the requirements of 40 C.F.R. 233.16 and of
             applicable State law.

             F.   Transfer or Withdrawal of State Program

                  (1) The EPA may withdraw program approval from NJDEPE upon
             a finding that the State-Program no longer complies with the
             requirements of the CWA and implementing regulations, and that
             NJDEPE.has failed to take corrective action.





                                 A-VIII 27










                   (2) The criteria and procedures for withdrawal of a state
             program, found at 40 C.F.R. 233.53, shall govern program
             withdrawal.

                   (3) NJDEPE may voluntarily transfer the State Program to
             the Corps using the procedures at 40 C.F.R. 233.53(a).

             VII. Signatures


             NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION AND NERGY




             Date:                         B
                                              Scott A. Weiner, Commissioner




             UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION II




             Date:                         By:
                                                William Muszynski
                                                Acting Regional Administrator
                                                                ND
























































                               A-VIII  28






t














                 0



                 0
  1                        7
         SECTION A IX


        LOCAL OPERATING
           PROCEDURE
         NJUIPE / AC01



   ,I- -- -            -- ---. -ri ,













                                       LOCAL OPERATING PROCEDURE
                                                  BETWEEN
                   THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION AND
                                                   ENERGY
               AND THE U.S. ARMY CORPS OF ENGINEERS, PHILADELPHIA AND NEW YORK
                                                 DISTRICTS


               SUBJECT:     Local Operating Procedure between the New Jersey Department of
                            Environmental Protection and Energy and the U.S. Army Corps of
                            Engineers, Philadelphia and New York Districts.


               1.    Purpose: The purpose of this agreement is to establish procedures to
                     minimize, to the maximum extent practicable, duplication regarding
                     the delineation of Federal and State regulated waters and wetlands
                     within the State of New Jersey.

               2.    Applicability/Authority: Federal and State regulated waters and
                     wetlands within the State of New Jersey.
                                                    I

                     a.     Section 404 of the Clean Water Act


                     b.     Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 et seg.,
                            Water Pollution control Act, N.J.S.A. 58:10A-1 et sea.


               3.    Procedure:


                     a.     Delineations of waters and wetlands shall be performed and/   or
                            verified by the New Jersey Department of Environmental
                            Protection and Energy utilizing a multi- parameter method.
                            These determinations will be accepted by the U.S. Army Corps of
                            Engineers, Philadelphia and New'York Districts, as accurate
                            delineations of Federal and State regulated waters and wetlands
                            within the geographic boundaries of New Jersey.


                     b.     The New Jersey Department of Environmental Protection and
                            Energy will be the lead agency with respect to   delineations of
                            waters and wetlands within the geographic boundaries of New
                            Jersey.    Requests/inquiries regarding these delineations
                            received by the U.S. Army Corps of Engineers will be forwarded
                            to the New Jersey Department of Environmental Protection and
                            Energy. Applicants will be advised of their need to apply to
                            the New Jersey Department of Environmental Protection and
                            Energy for verification/establishment of the delineations.


                     c.@    Nationwide permit requests received by the U.S. Army Corps of
                            Engineers will be reviewed for the proposal's applicability for
                            authorization under the nationwide permit program. That
                            determination will be conveyed to the applicant in writing. In
                            accordance with paragraph (b) above, requests/inquiries for the
                            delineation of waters and wetlands received in conjunction with
                            nationwide permit requests will be directed to the New Jersey
                            Department of Environmental Protection and Energy.





                                             A-T-K I

















                                                     -2-



                            The applicant will be advised of his/her need to apply to the
                            New Jersey Department of Environmental Protection and Energy
                            for verification/establishment of the delineations.
                            Additionally, the State will review the information in order to
                            determine whether the project meets the grandfathering criteria
                            of the State's Freshwater Wetlands Protection Act (Act) or
                            requires a permit under the Act.


                      d.    Upon completion of the water and wetlands delineation and
                            verification of a survey of the delineation, the accuracy of
                            that survey will be confirmed in writing to the applicant. The
                            New Jersey Department of Environmental Protection and Energy
                            will include in their confirmation letter an approval
                            statement/letter on behalf of the U.S. Army Corps of Engineers.


                      e.    Upon completion of the waters and wetlands
                            delineation/verification, the New Jersey Department of
                            Environmental Protection and Energy will provide the U.S. Army
                            Corps of Engineers with the following information:

                            1.    One copy of ihe State's confirmation letter;

                            2.    One copy of the final, approved survey of the limits of
                                  the regulated waters and wetlands on the property;

                            3.    One copy of the technical information used in
                                  establishing the waters and wetlands boundaries.


                      f.    This agreement does not pertain to waters and wetlands
                            delineations concerning enforcement actions'(permitless
                            discharges). All parties to this agreement retain authority to
                            independently establish jurisdictional boundaries under these
                            circumstances.


                      g.    If there is disagreement or an unusual circumstance concerning
                            a jurisdictional determination, the parties to this agreement
                            retain authority to independently or jointly establish
                            jurisdictional boundaries.

                4.    Both agencies agree to work towards development of a joint evaluation
                      procedure including, but not limited to, a joint application form and
                      programmatic general permit.






                                          A-IK 2












                                                   -3-

             5.. This agreement will be effective on 9 August 1.991 and will continue until
             modified or revoked by agreement of all of the parties or until,revoked by any
             party alone upon written notice.








             Kenneth H. Clow
             Lieutenant Colonel, Corps of Engineers
             Philadelphia District Engineer







             R.M. Danielson
             Colonel, Corps of Engineers
             New York District Engineer


                     6"27
               hn R. WeIngart
             Assistant Commissioner for Environmental Regulations
             New Jersey Department of Environmental Protection


























                                      A-IX 3






  .1
a


0


              0



              0






            I





0
       SECTION A X   7

   NEW JERSEY WETLANDS
         KEY MAP




0
          --            I




            New Jersey Wetlands Maps                                      alpha numeric sequence that describes the
                                                                          vegetation, frequency of inundation, and spe-
            Authorization: The Department of Envi-                        cial site conditions. Some of the polygons are
            ronmental Protection has prepared wetlands                    quite small and the basemap is easily ob-
            maps, as required by the Freshwater Wetlands                  scured by large labels. To prevent this, each
            Protection Act, N.J.S.A. 13:9B-1 to provide a                 Classification is coded with a numeric label.
            functional, complete, and up to date compos-                  Mapping convention and scale make it impos-
            ite wetlands inventory for the entire state.                  sible to show polygons less than one acre in
            These maps givethe best indication currently                  area, however these areas are still regulated.
            available of where wetlands are, and are not,
            located in New Jersey. The maps however, are                  Look-Up Table: Each composite map has a
            not a regulatory tool. To make development                    look-up table at the top of the map. This table
            or land preservation decisions about a specific               contains both the Cowardin Classification of
            site, particularly if it is in or adjacent to a               each wetlands polygon found on the map and
            wetlands polygon, people are urged to first                   the number code assigned to the classification
            contact the Department of Environmental                       type. For example, a red maple swamp would
            Protection's Division of Coastal Resources to                 be classified as a PF01C: Palustrine Forest,
            obtain a Letter of Interpretation.                            Deciduous, Seasonally Flooded, and Broad-
                                                                          leafed.
            About the Maps: Each map is prepared from
            a 1986 color infra-red aerial photograph. The              -  Map Uses: These maps are intended to be
            photo basemap is exactly one quarter of the                   used as a planning guide. A review of the map
            U.S. Geological Survey Topographic Quad-                      will show areas that may contain regulated
            rangle map. There are 624 quarter quadrangles                 wetlands. They will alert the user to both
            to cover the entire state.                                    occurrence and type of wetlands. Early plan-
                                                                          ning will allow protection of the wetlands and
            Map Scale:        The scale of each map is one                associated transition areas.
            inch = one thousand feet. The ratio in inches is
            1:12,000.                                                     Accuracy: Each basemap meets National
                                                                          Map Accuracy Standards. This is the most
            Wetland Delineation: Each basernap has a                      accurate mapping ever compiled of the entire
            corresponding wetlands delineation. Each                      state. Each map contains both latitude and
            delineation is based on the 1986 color infra-red              longitude as well as state plane coordinate
            photography. This photography produces                        systems. A diagraph is found on the bottom of
            characteristic wetland images or "signatures".                each map relating magnetic and true north.
            Each characteristic signature is interpreted by               Flikers and other people who need accurate
            experienced photo interpreters and verified                   maps of the outdoors can use the basernaps to
            by field investigation. Additional informa-                   find their way, since the map is an enlarged
            tion such as county soil surveys are used to                  aerial photograph, and contains great detail.
            assist in the delineation process. Once the                   Some maps cover areas of New Jersey previ-
            analysts have developed a wetland signature,                  ously mapped under the Wetlands Act of 1970,
            they then delineate all areas of wetlands                     N.J.S.A. 13:9B-1 et seq. The Upper Wetlands
            showing the characteristic signature. These                   Boundary, UWB, has been transferred to the
            delineated areas are placed on the quarter                    present wetlands maps to show the areas
            quads as wetland polygons or linear features.                 regulated under the Wetlands Act of 1970.
            Wetland Classification: Wetland systems are                   Due to the scale change involved in'transfer of
            classified according to type by the U.S. Fish                 the UWB, the previously promulgated 1970
            and Wildlife Service Cowardin Classification                  wetlands maps must be consulted for the exact
            System. The five basic ecological systems are:                line placement.
            Marine, Estuarine, Riverine, Palustrine, and                  Map Products: Wetland maps come in a vari-
            Lacustrine. Further differentiation is possible               ety of forms depending on their intended use.
            by class, subclass, water regime and special                  The most common form is a bluehne paper
            modifiers. Each polygon is assigned a unique                  print. This is a paper copy of the composite

                                                         A-X 1




           map and is available from the Department of
           Environmental Protection Maps and Publica-
           tions, Bureau of Revenue, 428 East State Street,
           Trenton, N.J. 08625 for a fee of $5.00. A copy of
           the enlarged aerial photograph, without wet-
           lands delineation, and stable base or mylar                     NEW JERSEY,*
           copies of both the basemap and composite are
           available directly from the contractor. These
           copies may not be reproduced. They are avail-                  WFLANDS MAPE.
           able from the Markhurd Corporation, 13400
           68th Avenue North, Minneapolis, MN, 55369.

                                                                        01 UPLAND           07 POWH           24 MoDAg
        Additional Sources of Infortnation:                             03 PF01 A           12 PSS1 A         29 R30W
                                                                        05 PEM1C            16 PF01 B         35 R3UB1
        ï¿½ Freshwater Wetlands Protection        Act Rules-              06 R20W             20 PSS1 B
           N.J.A.C. 7:7A, As Amended July 17,1989.

        ï¿½ Classification of Wetlands and Deepwater
           Habitats of the United'States, U.S. Fish and                                      35
           Wildlife Service. FWS/OBS-79/31. 103 pp.
        ï¿½ Federal Manual for I   dentifying and Delineat-                                               35
           ing Jurisdictional Wetlands. U.S. Army Corps
           of Engineers,, U.S. Environmental Protection
           Agency, U.S. Fish and Wildlife Service, and                                 601               29
           U.S.D.A. Soil Conservation Service, Washing-
           ton, D.C. Cooperative Technical Publication.                                                 2
           1989. 76 pp. plus appendices.                                          -                        005

        ï¿½ National List of Plant Species That Occur in                   003        024
           Wetlands: 1988 National summary, U.S. fish                                             *03
           and Wildlife Service, Biological Report 88(24).
           1988 226 pp.                                                                  e12

        ï¿½ Wetlands of New Jersey, Tiner, R. W. Jr., U.S.
           Fish and Wildlife Service, 1985. 117 pp.                                        001
        ï¿½ Hydric Soils of New Jersey, United States De-
           partment of Agriculture, Soil Conservation               L
           Service. 1985.12 pp.
        ï¿½ Rules on Coastal Resources and Development:                    Department of Environmental Protection
           N.J.A.C. 7:7E-1.1 et seq. 1988. 238 pp.                             Division of Coastal Resources
                                                                                            CN 401
                                                                                      Trenton, NJ 08625





                                                                                    James Florio, Governor
                                                                               Judith A. Yaskin, Commissioner




                                                          AX 2





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                                                              A-X 3










                              SCHL CONSERVATION DISTRICTS (SCD) IN NEW JERSEY

                              Bergen SCD                               Gloucester SOD
                              327 East Ridgewood Avenue                KandIG Center
                              Paramus, NJ 07652                        72 East Holly Avenue
                              201-261-4407                             Pitman, NJ 08071
                                                                       609-589-5250
                              Burlington SCD
                              Cramer Building                          Hudson, Essex & Passaic SCD
                              Route 38                                 571 BlOOMfiGId Avenue
                              Mt. Holly, NJ 08060                      Verona, NJ 07044
                              609-267-7410                             201-239-1886


                              Camden SCD                               Hunterdon SCD
                              Municipal Building                       Extension Center Building
                              59 South White Horse Pike                4 Gaunft Place
                              Berlin. NJ 08009                         Flemington, NJ 08822
                              609-767-6299                             201-782-3915

                                                                       Mercer SCD
                              Cape-Atlantic SCD                        508 Hughes Drive
                              Atlantic County Office Building          Hamilton Square, NJ 08690
                              1200 West Harding Highway                609-586-9603
                              Mays Landing, NJ 08330
                              609-625-3144                             Morris SCD
                                                                       Court House
                              Cumberland SCD                           Morristown, NJ 07960
                              PO Box 144                               201-829-8699.
                              Deerfield, NJ 08313                      Ocean SCD
                              609-451-2422                             6 Mott Place, CN 2191
                                                                       Toms River, NJ 08753
                              Freehold SCD                             201-244-7048
                              (Monmouth & Middlesex Counties)
                              211 Freehold Road                        Salem SCD
                              Manalapan, NJ 07726                      1000 East Route 40, Box 47
                              201-446-2300                             Woodstown, NJ 08098
                                                                       609-769-1124

                              Somerset-Union SCD                       Warren SCD
             r                Somerset County 4-H Center               Stiger Street
                              308 Milltown Road                        Hackettstown, NJ 07840
                              Bridgewater, NJ 08807
                              201-526-2701                             201-852-2579

                              Sussex SCD                               Department of Agriculture
                              330 Route 206 South                      State Soil Conservation Committee
                              Newton, NJ 07860                         CN 330
                              201-579-5074                             Trenton, NJ 08625
                                                                       609-292-5,540






                                                             A-X 4






  3
4














               m



               m
       SECTION A X1


      ENDANGERED AND
         THREATENED
          SPECIES



  I @.                    I


~0


                                   ENDANGERED AND THREATENED
                                    WILDLIFE OF NEW JE~qR
                                                                                             SEY



                     E~8qn~0q&~4qngered Species are those whose prospects for survival in New Jersey are in im-
                     mediate danger because of a loss or change in habitat, over-exploitation, predation,
                     competition, disease, disturbance or contamination. Assistance is needed to prevent
                     future extinction in New Jersey.

                     ~8q7~q7~qt~qr~qea~qr~qened Species are those who may become endangered if conditions surrounding
                     them begin to or continue to deteriorate.


                                                                 B~4qMS

                           Endangered                                              ~q7~q7~qsr~qeat~qened

            Pied-billed Grebe,* Pod~qi~qlymbus pod~qiceps                   American Bittern", Bo~qt~qeu~qrus ~ql~qent~qig~qinosos
            Said Eagle, ~8qH~qa~ql~qiaeetus ~qleucoceph~a~qlus                      Great Blue Heron*, A~f~i~ql~qe~qs herod~qi~as
            Northern Harrier,* Circus cy~qaneus                         Little Blue Heron, ~ql~qFgre~qt~qr~qa c~qae~ru~qle~qa~l~o
            Cooper's Hawk, Ac~c~qip~qi~qter Cooper~8qd                          Yellow-crowned Night Heron, Nyc~qran~qess~qe v~qio~ql~qeceus
            Red-shouldered Hawk, B~quteo ~2qAneatus ~qt~qor~q"d~qi~n~qi~qi~qi             Osprey, P~qand~qion h~a~ql~qi~qa~qetus
            Per~qegrine Falcon, Falco ~8qper~qeg~qr~qinus                        Northern Goshawk, A~qcc~qip~qi~qter gen~qt~qi~ql~qis
            Piping Plover, C~4qh~qer~qad~r~qius me~qlo~8qdus                         Red-shouldered Hawk, But~qeo ~8qAne~qa~qtus      ~qiNo~0q"~qm~ed~qing~qj
            Upland Sandpiper, ~6qS~qar~qt~r~qam~qi~qs ~qlong~qic~qaud~qe                    Black Rail, ~qL~a~qte~qr~a~ql~qlus j~q4m~a~qicens~qis -
            Roseate Tem, Sterne do~u~0qg~a~ql~ql~qi~qi                             Long-eared Owl, As~qfo ~qo~qru~qs
            Least Tern, Sterna ~qant~qi~ql~ql~qe~rurn                            Barred ~6qO~qw~ql~, S~qt~r~qix v~qa~qt~qi~qs
            Black Skimmer, Ry~qnchops n~qiger                             Red-headed Woodpecker, Me~ql~qane~qr~qaes ~qery~qthroce~4qp~qh~qa~qlus
            Short-eared Owl,* As~qio ~6qf~6ql~qarn~4qmeus                          Cliff Swallow,* H~qiru~4qndo py~r~rhon~qot~qe
            Sedge Wren, C~qis~qto~qt~2qhorus ~0qpl~qat~qens~qis                         Savannah Sparrow, P~assercu~qlu~qs s~qandw~qic~4qhens~qis
            Loggerhead Shrik~qe,                                        Ipswich Sparrow, P~qas~ql~qbrculus sa~ndw~qich~qe~qns~qis
            Vesper Sparrow, Pooec~qe~qr~qe~qs ~8qg~r~am~qin~eu~qs                       Grasshopper Sparrow, Ammod~qr~qemus s~qev~qe~0qnn~qerum
            Henslow's Sparrow, Ammod~qr~qamus he~qns~qlow~2q#                    Bobolink, Do~2qf~2qichonyx oryz~qivoru~qs

                                                                        *Only b~qm~e~cl~qi~n~qg population ~c~o~r~qok~ql~e~qmd ~en~qd~en~gw~ed or th~qmat~erw~qd
                                                                       ~q"F~o~qd~er~al~ql~qy ~qm~u~ql~a~n~qg~qm~qd or ~4qf~4qt~q"~t~qw~qw~qd


                                                             RE~0qP~4qM~8qO


                          E~2qnd~qi~6qwge~2qmd                                               7~4qh~2qr~qe~2qWen~qe~0qd

            Bog Turtle, ~6qae~qr~nmys m~u~8qh~qlen~2qbe~r~4qg~qi                           Wood Turtle, ~0qC~qfemmy~qs ~qi~0qnscu~ql~4qp~qt~qe
            Atlantic Hawksb~8qill, ~36q&e~8qt~6qmoche~4ql~0qys imbricate*"               Atlantic Green Turtle, C~32qhel~4qon~8qi~qe ~00qm~4qy~32qd~0qes
            Atlantic Loggerhead, C~4qeret~6qt~4qe c~4qar~8qet~0qt~2qe ~q* ~q*                  Northern Pine Snake, ~32qR~0qtuo~24qp~8qh~6qis m~q. ~04qm~0qe~8ql~0qe~qno~6ql~4qeuc~04qus
            Atlantic Ridley, L~4qe~20qp~2qid~4qoch~0qe~8qly~0qs ~8qk~0qempi~qo ~q0
            Atlantic L~0qeath~4qerb~0qack, D~4qe~4qrm~4qach~4qe~2qlys cor~2q4~4qace~4qs                  ~qo~qo~2qr~q%~q,~8qd~qe~qr~qa~28qf~28qt ~q4~q1~q1~q4~8qJ~q4~q0~q1~4q9~qo~qr~12qw ~0qW ~qf~08qf~08qt~qe~qa~qt~qe~qr~16qw
            Corn Snake, ~28qE~8ql~4qoph~qe ~24qg. gu~12qf~12qf~qe~8qt~qe
            Timber Rattlesnake, ~44qCro~0qt~4qa~6qlus h. ho~0qt~40qed~04qu~8qs


                               ENDANGERED AND NONGAME SPECIES PROGRAM

                         NEW JERSEY DEPARTMENT OF ENVIRONMENTAL ~48qP~40qR~48qO~44qY~44qE~48qC~4qT~4qI~48qON
                                            DIVISION OF FISH, GAME AND WILDLIFE



                                                       A-XI 1
 





                                                          AMPHBIANS

                          Endangered                                                 Threatened

            Tremblay's Salamander, Ambystoma tremblayi             Long-tailed Salamander,Eurycea longicauda
            Blue-spotted Salamander, Ambystoma laterale             Eastern Mud Salamander, Pseudotriton montanus
            Eastern Tiger Salamander, Ambystoma t. tigrinum
            Pine Barrens Treefrg, Hyla andersonii
            Southern Gray Treefrog, Hyla chrysoscelis

				MAMMALS                                                                       INVERTEBRATES

                           Endangered                                                   Endangered

            Bobcat, Lynx rufus                                      Mitchell's Satyr (butterfly), Neonympho m. mitchellii
            Eastern Woodrat, Neotoma floridana                      Northeastern Beach roger Beetle, Cindela d. dorsalis
            Sperm Whale Physeter, macrocephalus                    American Burying Beetle, Nicrophorus americanus
            Fin Whale, Balenoptera physalus                        Dwarf Wedge Mussel, Alasmidonta heteredon
            Sei Whale, Belaenoptara borealis
            Blue Whale, Balaerroptera musculus                       Federally endangered
            Humpback Whale, Magaptera novaeangliae
            Black Right Whale, Balaene glacialis


                                                                FISH


                                                             Endangered

                                             Shortnose Sturgeon, A cipesor brevirostrum



                      List revisions:        March 29, 1979
                                             January 17, 1984
                                             May 9, 1985
                                             July 20, 1987
                                             June 3, 1991             The lists of New Jersey's endangered and nongame wildlife species
                          are maintained by the DEP's Division of Fish,Game and Wildlife's,
                                                 Endangered and Nongame Species Program. These lists are
                                     used to determine protection and management actions neces-
                                                sary to insure the survival of the State's endangered and
                                                   nongame wildlife. This work is made possible only through
                                                    voluntary contributions received through the Wildlife Check-off
                                                   on the Now Jersey State Tax Form. The Wildlife Check-off is
                                                    the only major funding source for the protection and manage-
                                                    ment of the State's endangered and nongame wildlife re-
                                                    source. For more information about the Endangered and
                                                  Nongame Species Program or to report a sighting of endangered
                                          or threatened wildlife contact: Endangered and Nongame Species
                             Program, Northern District Office, Box 383 R.D. 1, Hampton, N.J.
                                          08827 or call (908) 735-8975.


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             ENVIRONMENTAL PROTECTION AND ENERGY
             ENVIRONMENTAL REGULATION - LAND USE REGULATION PROGRAM
             Freshwater Wetlands Protection Act Rules
             Adopted Amendments: N.J.A.C. 7:7A-1.4, N.J.A.C. 7:7A-2.7 and
             N.J.A.C. 7:7A-8.10
             Proposed: March 16, 1992, at 24 N.J.R. 912 (b)
             Adopted: March 16, 1993, by Scott A. Weiner, Commissioner,
             Department of Environmental Protection and Energy
             Filed: March 16, 1993 as R.1993 d.159, with substantive and
             technical changes not requiring additional public notice and
             comment (see N.J.A.C. 1:30-4.3).
             Authority: N.J.S.A. 13:9B-1 et seq. (P.L. 1987, c.156)
             DEPE Docket Number: 06-92-02.
             Effective date:   April 19, 1993
             Operative date:
             Expiration date: March 16, 1997


             7:7A-1.4 Definitions

             11 Advanced stages of construction" means having completed the
             foundations for buildings or structures, the subsurface
             improvements for roadways, or the necessary excavation and
             installation of bedding materials for utility lines. To
             determine whether a project or part of a project is in
             "advanced stages of construction," the Department shall
             evaluate such proofs as may be provided by the applicant,
             including but not limited to, possession of a valid building
             permit (where legally applicable), evidence of a valid ACOE
             permit for those activities regulated under the 404 program,
             and evidence documenting completion of construction
             activities before the date of assumption. This evidence may
             include, but is not limited to, the following:
             documentation that the local construction official has
             completed the inspection listed at N.J.A.C. 5:23-
             2.18(b)li(2) or 2.18(b)li(3) for foundations of structures;
             reports from the municipal engineer documenting inspections
             of road bed construction; or billing receipts documenting
             the completion of the above construction activities.
             "Advanced stages of construction" does not include clearing
            .vegetation, bringing construction materials to the site,
             site grading or other earth work associated with preparing a
             site for construction.

















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                                          .- - . .1,




            7:7A-2.7 Activities exempted from permit requirement

                  (a) - (c) (No change.)

                  (d) Subject to the limitations of this section, the
            following are exempt from the requirements of the Act until
            the State assumes the Federal 404 program. These activities
            may need Federal 404 permits and/or a WQC:

                  1.  Projects for which preliminary site plan or
            subdivision applications have received formal preliminary
            approvals from local authorities pursuant to the "Municipal
            Land Use Law," N.J.S.A. 40:55D-1 et seq., prior to July 1,
            1988 provided those approvals remain valid under the
            Municipal Land Use Law. This excludes approvals which were
            given prior to the August 1, 1976 effective date of the
            Municipal Land Use Law. To qualify for an exemption under
            this N.J.A.C. 7:7A-2.7(d)l, a project must have received
            preliminary approval (as defined in N.J.S.A. 40:55D-6) of a
            subdivision or site plan. Sketch plat approval, a
            classification determination, or any other types of
            approvals referred to in the Municipal Land Use Law (e.g.,
            building permits, variances or conditional use approval) is
            not sufficient to make the project eligible for an exemption
            under this N.J.A.C. 7:7A-2.7(d)l.

                  2.  Proie     as-defijied --in.--N-..J-.-S-A-- 4-0-55D.@@1- -et- -seq.
            have been submitted to the local authorities prior to June
            81, 1987 and subsequently approved. If a project meets all
            criteria under this subsection to qualify for an exemption,
            except that the project has not yet received municipal
            approval, the Department will issue a letter certifying that
            the qualifying application was filed prior to June 8, 1987
            and the project will receive an exemption upon receipt of
            preliminary approval from the municipality. To qualify for
            an exemption under this N.J.A.C. 7:7A-2.7(d)2, an
            application for preliminary approval must have been in
            proper form, must have been accompanied by all plans, data
            and information called for by the local land use ordinance
            and by statute for either a subdivision or site plan, as the
            case may be, and thus must have been in fact complete prior
            to June 8, 1987. An application for sketch plat approval,
            classification determination, or any of the other types of
            approvals referred to in the Municipal Land Use Law (e.g.,
            building permits, variances or conditional use approval) is
            not sufficient to make the project eligible for an exemption
            under this N.J.A.C. 7:7A-2.7(d)2;

                  3.   (No change.)

                  (e) - (h) (No change.)

                  (i) If the USEPA's regulations providing for the
            delegation to the State of the Federal wetlands program









              7:7A-2.7 Activities exempted from permit requirement

                   (a) - (c) (No change.)

                   (d) Subject to the limitations of this section, the
              following are exempt from the requirements of the Act until
              the State assumes the Federal 404 program. Th--- -ctivities
              may need Federal 404 permits an

                   1.   Projects for which pr(                      or
              subdivision applications have r(                      ninary
              approvals from local authoritie!                      inicipal
              Land Use Law," N.J.S.A. 40:55D-1                      Tuly 1,
              1988 provided those approvals rE
              Municipal Land Use Law. This e),                       ch were
              given prior to the August 1, 197                       the
              Municipal Land Use Law. To qualify for an exemption under
              this N.J.A.C. 7:7A-2.7(d)l, a project must have received
              preliminary approval (as defined in N.J.S.A. 40:55D-6) of a
              subdivision or site plan. Sketch plat approval, a
              classification determination, or any other types of
              approvals referred to in the Municipal Land Use Law (e.g.,
              building permits, variances or conditional use approval) is
              not sufficient to make the project eligible for an exemption
              under this N.J.A.C. 7:7A-2.7(d)l.

                   2.   Projects as defined in N.J.S.A. 40:55D-1 et seq
              have been submitted to the local authorities prior to June
              8, 1987 and subsequently approved. If a project meets all
              criteria under this subsection to qualify for an exemption,
              except that the project has not yet received municipal
              approval, the Department will issue a letter certifying that
              the qualifying application was filed prior to June 8, 1987
              and the project will receive an exemption upon receipt of
              preliminaryapproval from the municipality. To qualify for
              an exemption under this N.J.A.C. 7:7A-2.7(d)2, an
              application for preliminary approval must have been in
              proper form, must have been accompanied by all plans, data
              and information called for by the local land use ordinance
              and by statute for either a subdivision or site plan, as the
              case may be, and thus must have been in fact complete prior
              to June 8, 1987. An application for sketch plat approval,
              classification determination, or any of the other types of
              approvals referred to in the Municipal Land Use Law (e.g.,
              building permits, variances or conditional use approval) is
              not sufficient to make the project eligible for an exemption
              under this N.J.A.C. 7:7A-2.7(d)2;

                   3.   (No change.)

                   (e) - (h) (No change.)

                   (i) If the USEPA's regulations providing for the
              delegation to the State of the Federal wetlands program




                                    B-II 1









             conducted pursuant-to section 404 of the Federal Act require
             a permit for any of the activities exempted by this section,
             the Department shall require a permit for those activities
             so identified by the USEPA upon assumption of the Federal
             program. The exemptions in (d) 1 and 2 above shall be void
             as of the date of assumption by the Department of the
             Federal 404 program unless all requisite permits or
             concurrences with Federal permits were received from the
             United States Army Corps of Engineers prior to July 1, 1988
             and remain valid, in which case the exemption will still be
             valid. Upon expiration of a permit issued by the Federal
             Act any application for renewal shall be made to the
             appropriate regulatory agency. The Department shall not
             require the establishment of a transition area as a
             condition of any renewal of a permit issued pursuant to the
             Federal Act prior to the effective date of the Act.

                  1. The Department will not require a permit or waiver
             pursuant to the Act to allow the completion of individual
             buildings, structures or other improvements, which are
             already in "advanced stages of construction," as defined in
             N.J.A.C. 7:7A-1.4, prior to the date of assumption. In
             addition to the completion of buildings, structures or other
             improvements, the Department will allow tbe*completion of
             their appurtenant improvements. An applicant seeking to
             complete improvements which are in "advanced stages of
             construction" prior to the date of assumption shall submit
             the following documentation to the Department: a valid
             building permit (where legally applicable), and/or a valid
             ACOE permit for those activities regulated under the 404
             program. In addition, the applicant shall submit any of the
             following proofs if available and applicable : documentation
             that the local construction official has completed the
             inspection listed at N.J.A.C. 5:23-2.18(b)li(2) or
             2.18(b)li(3) for foundations of structures; reports from the
             municipal engineer documenting inspections of road bed
             construction; billing receipts documenting the completion of
             the above construction activities; or any other evidence
             documenting construction activities prior to the date of
             assumption.




















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      IETTERS OF
    INTERPRETATION

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             7:7A-8.10 Hearings and appeal

                  (a) An applicant or other affected party may request
             an adjudicatory hearing to contest a decision on a letter of
             interpretation pursuant to N.J.A.C. 7:7A-8, by complying
             with the procedures set forth in (b), (c) and (d) below.

                  (b) Before requesting an adjudicatory hearing, the
             applicant or other affected party shall make a good faith
             effort to resolve any dispute arising during the letter of
             interpretation process with the project review officer.

                  (c) If the good faith efforts provided in (b) above do
             not resolve the dispute, the applicant or other affected
             party may submit a request for an adjudicatory hearing to
             the Department in writing at the following address:

                  Office of Legal Affairs
                  Attention - Adjudicatory Hearing Request
                  Department of Environmental Protection and Energy
                  CN 402
                 .Trenton, New Jersey 08625-0402.

                  (d) The applicant or other affected party shall submit
             the written request under (c) above within 30 days of the
             Department's decision or the date on which the decision is
             published in the DEPE Bulletin, whichever is later. Failure
             to submit the written request within the allotted time shall
             operate as a waiver of any right to an adjudicatory hearing.

                  1.   Upon receipt of such a request, the Commissioner
             may refer the matter to the office of Administrative Law,
             which shall assign an administrative law judge to conduct a
             hearing on the matter in the form of a contested case
             hearing pursuant to the Administrative Procedure Act,
             N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative
             Procedure Rules, N.J.A.C. 1:1.

                  2.   Within 45 days of receipt of the administrative
             law judgefs decision, the Commissioner shall affirm, reject,
             or modify the decision.

                       1
                  3.   The Commissioner's action shall be considered
             final agency action for the purposes of the Administrative
             Procedure Act, and shall be subject only to judicial review
             as provided in the Rules of Court.














                                B-III








                                                                                                                       HOAA COASTAL SERVICES CTR LIBRARY



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