N.J. Admin. Code § 7:22-10.6

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

Section 7:22-10.6 - Level 3 environmental review

(a) The Department may determine that a Level 3 environmental review is required pursuant to 7:22-10.3, 10.5(c), or as a result of significant adverse comment received during the preplanning or planning period or in response to the Department's issuance of a Level 1 or Level 2 decision statement.

(b) Additionally, the Department will require a Level 3 review when any of the following conditions are present:

1. The proposed project is expected to have significant adverse effects on the pattern and type of land use or growth and distribution of population in the project area;

2. Construction of the proposed project is expected to directly displace a significant amount of population or have a significant adverse effect on a residential area;

3. The proposed project is expected to directly or indirectly conflict significantly with Federal, State, regional, or local land use plans or policies;

4. The proposed project is expected to have significant adverse effects on environmentally critical areas either directly or indirectly or as the result of cumulative effects with other related projects; or

5. The proposed project may directly or indirectly have a significant adverse effect upon local ambient air quality, local ambient noise levels, surface water or groundwater quality or quantity, water supply, fish, shellfish, wildlife or their natural habitats.

(c) If a Level 3 environmental review is required by the Department prior to completion of a Level 2 environmental information document, then an environmental information document must be prepared in accordance with 7:22-10.5(b). In addition, an environmental impact statement must be prepared under a Level 3 environmental review. Environmental impact statements shall be prepared by the project sponsor. The Department must approve the scope, content and conclusion of both draft and final environmental impact statements prior to publication. The procedure will be as follows:

1. The Department will issue a notice of intent to prepare an environmental impact statement which will be published in at least two newspapers of general circulation in the State.

2. The Department will conduct a meeting to establish the scope of the environmental impact statement. Affected government agencies, environmental groups, local officials and other interested parties will be invited to the meeting for the purpose of defining the following:

i. Critical issues to be addressed by the environmental impact statement;

ii. The preliminary range of alternatives to be considered;

iii. The information or other analysis required from other agencies;

iv. The method of environmental impact statement preparation;

v. The strategy for soliciting public participation including the techniques that will be used and the timing of participation activities;

vi. Consultation requirements with regard to affected government agencies;

vii. The relationship between the environmental impact statement and other documentation already prepared in support of the project and the information necessary to complete the project documentation requirements; and

viii. The coordination procedure required between the Department and the preparers of the environmental impact statement to insure the Department's controlling role in environmental impact statement preparation.

3. The project sponsor shall prepare a preliminary draft environmental impact statement which contains the information required by (c)2 above in the format required by (d) below.

4. The Department will review the preliminary draft environmental impact statement, and if necessary, require the project sponsor to make additions or modifications to the content or conclusions of the preliminary draft environmental impact statement.

5. When the preliminary draft environmental impact statement is determined by the Department to be satisfactorily complete, the Department will direct the project sponsor to print the preliminary draft environmental impact statement, which will then become known as the draft environmental impact statement.

6. The project sponsor shall distribute the draft environmental impact statement to the mailing list developed for the project pursuant to 7:22-10.10(c) and shall place copies in public repositories in the planning area.

7. The project sponsor shall give notice of and hold a public hearing on the draft environmental impact statement. Notification of the hearing shall be sent to the persons on the project mailing list and shall be placed in at least two newspapers of general circulation in the State at least 30 days prior to the date of the hearing. The draft environmental impact statement shall be available for public review during the 30 day notice period and the newspaper notice shall advise the public of the locations of copies of the draft environmental impact statement available for public review. The project sponsor shall provide to the Department a verbatim transcript of the hearing. Written comments shall be accepted by the project sponsor and the Department for a minimum of 15 days following the public hearing. The Department will prepare responses to written comments with assistance, as needed, from the project sponsor.

8. The project sponsor shall prepare a final environmental impact statement in accordance with (e) below. The Department must approve the content and format of the final environmental impact statement prior to publication.

9. The project sponsor shall give notice of and hold a public hearing on and distribute the final environmental impact statement, in the same manner as for the draft environmental impact statement in accordance with (c)6 and 7 above.

10. After the conclusion of the comment period for the final environmental impact statement, the Department will prepare a Level 3 decision statement which will respond to comments received on the final environmental impact statement, set forth the decision made by the Department, and the basis for the decision. No administrative action will be taken by the Department prior to the conclusion of a 30-day comment period for the decision statement. If no further significant adverse comment is received during the comment period for the decision statement, the Department will approve the planning and the Department may proceed with an offer of assistance, provided other program requirements as set forth in the applicable program rules, have been met. If adverse comment is received which was not adequately addressed in the environmental impact statement process, the Department may require a supplemental evaluation and decision statement or may determine not to participate in the proposed project.

(d) Unless directed otherwise by the Department, the format and content of the draft environmental impact statement shall be as follows:

1. A cover sheet noting title, agencies responsible for development of the draft environmental impact statement, contact person, and the date by which comments must be submitted;

2. A summary which stresses areas of controversy, issues to be resolved, major conclusions, and recommendations;

3. The purpose and need for the proposed project;

4. An identification and comparison of alternatives previously considered including the proposed project and no action, as well as any new alternatives which may be feasible. The comparison shall rigorously and objectively evaluate each alternative and present the beneficial and adverse impacts of each alternative;

5. An identification of the preferred alternative and possible mitigating measures;

6. A description of the affected environment. This description should be brief and draw on or reference information compiled in the Level 2 environmental information document;

7. The environmental consequences of the proposed action, if it were to be implemented, including:

i. Adverse environmental impacts that cannot be avoided;

ii. The relationship between short-term uses of the environment and the maintenance or enhancement of long-term benefit;

iii. Irreversible or irretrievable commitments of resources; and

iv. Mitigating measures that would be required to make the proposal acceptable.

8. A description of the coordination and public participation that has occurred for the project;

9. A list of preparers, including names and qualifications;

10. The mailing list developed for the project; and

11. An appendix, if applicable, with analyses or other material which substantiate evaluations contained in the draft environmental impact statement.

(e) The final environmental impact statement, maintained in the Department's file for the project, shall contain copies of the correspondence received on the draft environmental impact statement, and responses to written comments, comments received at the hearing for the draft environmental impact statement, any additional information complied or modifications made to the project as the result of comments, where applicable, and mitigating measures that will be required to make the proposed project acceptable.

N.J. Admin. Code § 7:22-10.6