N.J. Admin. Code § 7:22-10.4

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:22-10.4 - Level 1 environmental review

(a) Projects qualifying for this level of environmental review may include the following categories of projects:

1. Rehabilitation, repair or replacement of existing environmental infrastructure facilities, including land acquisition and conservation;

2. Construction of ancillary facilities or minor improvements to environmental infrastructure facilities which do not:

i. Create a new discharge;

ii. Reduce the level of treatment;

iii. Result in an increase in quantity of flow of an existing discharge;

iv. Involve an increase in water allocation; or

v. Involve the construction of a new water tower.

(b) Projects which conform to one of the categories identified in (a) above but which have any of the following characteristics shall not qualify for a Level 1 environmental review:

1. The project can be expected to have a permanent adverse or a significant temporary adverse effect on the human environment;

2. The project can be expected to have a permanent adverse or a significant temporary adverse direct or indirect impact on cultural resources, endangered or threatened species or designated habitats, wetlands, vernal habitats, floodplains, important farmlands or other environmentally critical areas;

3. For wastewater treatment or water supply projects, the user cost for the project significantly exceeds 1.75 percent of the median annual household income, as determined and modified according to 7:22-10.5(b)11; or

4. The project is expected to result in significant adverse public comment.

(c) Where a Level 1 review has been determined to be appropriate, a Level 1 environmental planning document must be submitted by the project sponsor to the Department for review. The Level 1 environmental planning document must be of sufficient scope to permit the Department to verify the preliminary determination to proceed with this level of review. Information to be provided in the environmental planning document includes the following, as applicable:

1. A brief geographical description of the planning area, a description of the need for the proposed activity, and a description of the nature and location of any structures to be built;

2. An 8 1/2 inch by 11 inch map of the planning area which depicts the location of the proposed activity, and an 8 1/2 by 11 inch site plan showing areas of proposed construction;

3. Maps that clearer depict the topography of the planning area, the location of the proposed activity, the service area of the affected environmental infrastructure facilities, all areas of proposed construction, and environmental features, as appropriate. The USGS quadrangle maps are an acceptable base map, if the scale allows for a clear depiction of the project;

4. A narrative describing the extent of beneficial and adverse impact on environmental or cultural resource features that can be expected as a result of implementing the proposed project and basis for concluding that the proposed project qualifies for a Level 1 environmental review in accordance with (a) and (b) above. Cultural resource impacts must be determined in accordance with 7:22-10.8;

5. A summary of alternatives available, including, at a minimum, the no action alternative, and the basis for selecting the proposed action. For wastewater treatment, water supply and stormwater management facilities permitted as a municipal separate storm sewer system, the selected plan must be the most economical, environmentally sound and implementable alternative (for other environmental infrastructure facilities, the provisions with respect to cost effectiveness are not applicable). The most economical alternative is determined by taking into account the cost of environmental impacts and the cost of construction. The basis discussion must include the project costs, user costs, median annual household income of the service area, environmental impacts and effectiveness of the proposed alternatives relative to addressing the identified water quality or water supply need as compared with other alternatives considered. For wastewater and water supply projects the user cost at the time of the application and the proposed increase in the user cost as a result of the project must be provided. The median annual household income shall be derived from the current United States Census income data updated to the present using the "Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City Average for All Items, 1982-84 = 100," which can be obtained from the United States Department of Labor, Bureau of Labor Statistics; and

6. A summary of the involvement of the public in the development and selection of the proposed project.

(d) The Department will review the environmental planning document submitted by the project sponsor and will make one of the following determinations:

1. The Level 1 environmental planning document is complete, acceptable, and verifies the preliminary determination to proceed with this level of environmental review. In this case, the Department will prepare and issue a Level 1 decision statement as set forth in (e) below which will be sent to a project mailing list developed in accordance with 7:22-10.10(c). The project sponsor shall publish a notice in a newspaper of general circulation in the planning area within two weeks of the date of the Department's decision statement. The notice must describe the proposed action, indicate the decision by the Department to approve the project, and advise the public that the project sponsor shall, upon written request, make available for public review both the planning documents and the Department's decision statement. Upon issuance of the decision statement, planning is approved and the Department may proceed with award of financial assistance, subject to the provisions of (f) below, and provided the other requirements of the program have been met as specified in the applicable program rules.

2. Additional information is required to make a final determination. In this case, the Department will notify the project sponsor in writing of the deficiencies and the project sponsor shall be responsible to correct the deficiencies. The Department may establish a time frame for response which, if not met, could result in a bypass of the proposed project in the applicable funding cycle.

3. A Level 1 environmental review is not appropriate. In this case, the Department will notify the project sponsor of this determination and will identify whether the project is elevated to a Level 2 or Level 3 environmental review.

(e) A Level 1 environmental decision statement will include a description of the proposed project, a summary of the need for the proposed project, alternatives considered, environmental, cultural resource and social impacts of the proposed project, costs, mitigating measures, public input, and the basis for the determination that the proposed project qualifies for a Level 1 environmental decision statement.

(f) If, at any time up until the initiation of construction, additional information becomes available, the project is modified or conditions change, such that the project would not qualify for a Level 1 environmental review, the Department will require the project sponsor to proceed with a Level 2 or Level 3 review, whichever is determined appropriate by the Department.

N.J. Admin. Code § 7:22-10.4

Amended by R.1992 d.42, effective 1/21/1992.
See: 23 N.J.R. 3282(a), 24 N.J.R. 246(a).
Modified to clarify that cultural resource impact assessments must be determined in accordance with N.J.A.C. 7:22-10.8 and content of a Level 1 environmental decision document is described. Language was added to this section to the effect that the selected plan must be the most cost effective, environmentally sound and implementable alternative.
Amended by R.1993 d.409, effective 8/16/1993.
See: 25 N.J.R. 1643(a), 25 N.J.R. 3760(a).
Amended by R.1995 d.494, effective 9/5/1995.
See: 27 N.J.R. 1536(a), 27 N.J.R. 3403(a).
Amended by R.1998 d.407, effective 8/3/1998.
See: 30 N.J.R. 1144(a), 30 N.J.R. 2863(a).
Substituted "project sponsor" for "local government unit" throughout; in (a), rewrote 1, and substituted"environmental infrastructure" for "treatment" in 2; and in (c), substituted "environmental infrastructure" for "wastewater management" in 1, and inserted references to water supply in 2.
Amended by R.2000 d.284, effective 7/3/2000.
See: 32 N.J.R. 363(a), 32 N.J.R. 2426(b).
In (a)1, inserted a reference to land acquisition and conservation; in (b)3, inserted a reference to wastewater treatment or water supply projects; in (c)4, rewrote the second sentence; and in (d), substituted a reference to financial assistance for a reference to loans in 1, substituted "correct" for "satisfy" following "responsible to" in the second sentence of 2.
Amended by R.2006 d.22, effective 1/3/2006.
See: 37 N.J.R. 2645(a), 38 N.J.R. 139(a).
Rewrote (a)2; added a reference to vernal habitats at b(2); rewrote (c)1 and 2; added new (c)3; recodified former (c)3-5 as (c)4-6, rewriting former 4.