N.J. Admin. Code § 7:13-12.15

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:13-12.15 - Requirements for sediment and debris removal from a regulated water

(a) This section sets forth specific standards that apply to any proposed sediment and debris removal from a regulated water.

(b) The Department shall issue an individual permit for the removal of sediment and debris from a regulated water only if the following requirements are satisfied:

1. The applicant demonstrates that there is a documented history of flooding, a mosquito control problem, or other threat to public health, safety, or welfare that necessitates removal of sediment and/or debris from the regulated water;

2. Except for activities along an impounded regulated water, such as a lake, pond, or reservoir, the material to be removed from the regulated water consists solely of accumulated silt, sediment, and debris. Removal of material beyond or below the natural limits of a linear regulated water constitutes a channel modification and is subject to the requirements at 7:13-11.1(c);

3. In order to minimize the downstream transport of sediment during dredging, all areas being dredged are isolated from flowing water where possible. Means of isolation include erecting temporary berms or sheet-piles around the areas being dredged and, for a linear regulated water such as a stream or river, pumping flow around the work area, or, if flow within the regulated water is low, by blocking off the areas being dredged and allowing the sediment to settle. For an impounded regulated water, sediment transport can be reduced by lowering the water level, plugging the downstream discharge of the water, and/or pumping the incoming water around the impoundment; and

4. The applicant properly disposes of all material removed from the regulated water. Removed sediment can be disposed of in a regulated area provided the requirements at (d) below are satisfied. All removed trash and debris shall be disposed of in accordance with all applicable Federal, State, and local requirements outside any flood hazard area or riparian zone.

(c) The Department shall issue an individual permit for the removal of sediment and debris from an impounded regulated water, such as a lake, pond, or reservoir, only if the requirements of (b) above and the following requirements are satisfied:

1. The applicant obtains a lake lowering permit from the Department's Division of Fish and Wildlife, where necessary;

2. The applicant obtains any necessary approvals the Department's Dam Safety Section; and

3. If dredging expands the area or depth of the impounded water beyond its original dimensions, the applicant demonstrates that such expansion will not adversely affect flooding, any structure or freshwater wetlands adjacent to the water, the seasonal high water table or any dam or low dam that may exist.

(d) The Department shall issue an individual permit to deposit sediment that has been removed from a regulated water, only if the following requirements are satisfied:

1. The applicant demonstrates that the transport of the sediment out of the regulated area is not economically or physically feasible, and/or would cause greater environmental damage than depositing the sediment within the regulated area;

2. The sediment is disposed of in accordance with all applicable Federal, State and local laws;

3. The sediment is deposited at least 25 feet from any top of bank;

4. The placement of the sediment does not interfere with the positive overland drainage of the receiving area; and

5. Sediment deposited in a floodway is placed no more than three inches deep.

(e) The Department shall issue an individual permit that allows an applicant to repeatedly remove sediment and debris from a regulated water during the term of the permit, only if the applicant does the following:

1. Demonstrates that there is no feasible means of preventing the accumulation of sediment and debris over time, which would therefore avoid the need for repeated cleanings;

2. Demonstrates that repeated cleanings are necessary to properly maintain existing bridges or culverts along the water, and/or to alleviate local flooding;

3. Demonstrates that repeated cleanings will not adversely impact fishery resources in the water; and

4. Agrees to notify the Department in writing prior to each proposed sediment removal activity, in accordance with the timeframe established in the individual permit.

(f) The Department may require testing of dredged material if there is reason to suspect that the material is contaminated.

N.J. Admin. Code § 7:13-12.15

Amended and recodified from 7:13-11.15 by 48 N.J.R. 1067(a), effective 6/20/2016