N.J. Admin. Code § 7:7-17.23

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

Section 7:7-17.23 - Application for a mitigation bank

(a) A prospective mitigation bank operator may obtain conceptual review of a proposed mitigation bank before buying land or preparing a detailed mitigation bank proposal. In a conceptual review, Department staff will discuss the apparent strengths and weaknesses of the proposed mitigation bank. Guidance provided through a conceptual review is not binding on the Department until and unless it is incorporated into an approval obtained in accordance with this subchapter. A conceptual review does not grant any property or other rights, or in any way imply that mitigation activities or the sale of credits have been or will be authorized. The findings provided by the Department as part of the conceptual review shall be valid for a period of three years or until the rules governing mitigation banks are amended in a way that would render the conceptual review inconsistent with the new requirements, whichever occurs first. Once expired, a new conceptual review shall be required if a prospective mitigation bank operator chooses to continue pursuing a proposal.

(b) To obtain conceptual review of a proposed mitigation bank, an applicant shall submit the following to the Department:

1. Information on the location, size, and environmental characteristics of the proposed mitigation bank site;

2. Information on previous uses of the site, including possible contamination and/or historic or archaeological resources;

3. The proposed mitigation alternatives being considered, such as creation, restoration, and/or enhancement;

4. Whether the credits generated by the bank will be used solely by the mitigation bank operator, or will be available for use by others;

5. Maps, photographs, diagrams, delineations, and/or other visual materials necessary for the Department to generally evaluate the proposed mitigation bank;

6. The names and addresses of all current owners of the mitigation bank site, and any prospective owners, as of the date the request for conceptual review is submitted; and

7. Consent from the owner of the proposed mitigation bank site, allowing Department representatives to enter the property in a reasonable manner and at reasonable times to inspect the site.

(c) To obtain Department approval of a proposed mitigation bank, an applicant shall submit the information required by the wetlands mitigation bank proposal checklist, available from the Department at the address set forth at 7:7-1.6. The checklist shall require the following:

1. A functional assessment of the bank site prior to construction and proposed site conditions after construction;

2. The goals and objectives of the bank;

3. The ownership of the bank site including disclosure of any leases, easements, or other encumbrances;

4. The size of the bank site as well as type and amount of the coastal resources for which credits from the bank could serve as suitable compensation;

5. A description of baseline conditions on the bank site, including all relevant natural features and parameters, as well as pollutants, contamination, and other factors which could affect the bank's ability to provide mitigation credits;

6. The service area within which the mitigation bank credits can be used to compensate for a disturbance. The service area shall be designated to give priority to mitigation for impacts in close proximity to the site;

7. The method for determining credits and debits;

8. Accounting procedures;

9. Performance standards to enable the Department to determine when credits may be released under 7:7-17.22(e);

10. Performance standards to enable the Department to determine if and when the mitigation bank is successful;

11. Reporting protocols and a monitoring plan;

12. Contingency and corrective actions that will be taken by the mitigation bank operator in case the bank fails;

13. Financial assurance meeting the requirements of 7:7-17.17;

14. Provisions for long-term management and maintenance of the mitigation bank site;

15. Site plans, cost estimates, and schedules for construction, completion, and transfer of the mitigation bank;

16. Draft legal instruments necessary to meet the requirements of this chapter, including a conservation restriction, financial assurance, property transfer, and/or agreement with a charitable conservancy to maintain the site;

17. Identification of the persons who will construct, operate and maintain the mitigation bank and mitigation bank site; and

18. Documentation that public notice of the proposed mitigation bank was provided in accordance with N.J.A.C. 7:7-24.

(d) The Department's approval of a mitigation bank shall incorporate conditions necessary to ensure that the requirements of this subchapter are met.

N.J. Admin. Code § 7:7-17.23

Adopted by 47 N.J.R. 1392(a), effective 7/6/2015