N.J. Admin. Code § 7:7-9.33

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

Section 7:7-9.33 - Dry borrow pits

(a) Dry borrow pits are excavations for the purpose of extracting coastal minerals which have not extended below the groundwater level. This includes, but is not limited to, dry sand, gravel and clay pits, and stone quarries.

(b) Surface mining is conditionally acceptable, provided the mining use rule at 7:7-15.8 is satisfied.

(c) Channeling clean surface runoff into dry sand and gravel pits for the purposes of aquifer recharge is encouraged. Pavement runoff may be channeled into dry borrow pits provided that it is adequately filtered to remove pavement contaminants.

(d) Discharge of clean effluent from liquid waste treatment facilities for aquifer recharge is encouraged (e.g., tertiary sewage effluent), provided groundwater quality is monitored and maintained.

(e) Storing water in impermeable dry borrow pits is conditionally acceptable.

(f) Dredged material disposal is conditionally acceptable provided that:

1. The dredged material will not degrade groundwater quality;

2. The dredged material is of a particle size that will not disturb groundwater hydrology; and

3. Dredged material disposal is compatible with neighboring uses.

(g) Solid waste disposal is conditionally acceptable on a case-by-case basis provided that:

1. Waste disposal is compatible with neighboring uses;

2. Elevations of the landfill do not exceed original surface elevations before mining; and

3. The waste disposal complies with the solid and hazardous waste rule at 7:7-16.14.

(h) Filling or grading for construction is conditionally acceptable provided the fill, including dredged material, is clean and of a texture that will not disturb local groundwater flow. For the purposes of this subsection, dredged material shall comply with Appendix G.

(i) All proposed uses must reduce all banks to a slope of less than one in three, stabilize them, and prepare them for planting, and initiate native successions.

(j) Rationale: Dry borrow pits have been used successfully on Long Island to recharge depleted aquifers by channeling surface runoff and tertiary sewage effluent into them. These uses are encouraged in New Jersey's coastal areas, especially where there is a history of saline intrusion. There is a critical shortage in coastal areas of placement and disposal sites for dredged material and solid waste. Dry borrow pits offer opportunities of low-impact disposal if they are compatible with existing uses, the leachate is carefully controlled and the site reclaimed on conclusion. Dry borrow pits have comparatively low environmental value and so are acceptable sites for development if all other policies are satisfied. The use of dredged material of appropriate grain size and that is clean as fill in the reclamation of dry borrow pits promotes the State's longstanding policy of treating dredged material as a resource and to beneficially use dredged material in appropriate applications rather than relying on disposal of dredged material in dredged material management areas.

N.J. Admin. Code § 7:7-9.33

Renumbered from 7:7E-3.35 by 47 N.J.R. 1392(a), effective 7/6/2015

Amended by 50 N.J.R. 361(a), effective 1/16/2018