N.J. Admin. Code § 7:24A-5.1

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:24A-5.1 - Criteria for priority determination

(a) The Department shall assign priority points in accordance with the provisions set forth in (b) below to each project for which an application has been approved pursuant to N.J.A.C. 7:24A-2.6.

(b) Priority points shall be assigned according to the following protocol:

1. Priority points shall be assigned according to the project type.

i. 100 points shall be assigned for a dam restoration project for a high hazard dam.

ii. 75 points shall be assigned for a flood control project or a dam restoration project for a significant hazard dam.

iii. 50 points shall be assigned for a pollution control project or a dam restoration project for a low hazard dam.

iv. 25 points shall be assigned for a recreation and conservation project.

2. For dams, priority points shall be assigned according to the volume of water stored behind the dam at normal pool elevation.

i. One point shall be assigned for storage volumes of less than 75 acre-feet.

ii. Three points shall be assigned for storage volumes of 75 acre-feet or greater, but less than 200 acre-feet.

iii. Six points shall be assigned for storage volumes of 200 acre-feet or greater, but less than 500 acre-feet.

iv. Nine points shall be assigned for storage volumes of 500 acre-feet or greater.

3. For dams, priority points shall be assigned according to the height of the dam.

i. One point shall be assigned for a height of less than 10 feet.

ii. Three points shall be assigned for a height of 10 feet or greater, but less than 20 feet.

iii. Six points shall be assigned for a height of 20 feet or greater, but less than 40 feet.

iv. Nine points shall be assigned for a height of 40 feet or greater.

4. For dams, priority points shall be assigned according to the findings contained in the U.S. Army Corps of Engineers Phase 1 Inspection Report.

i. Zero points shall be assigned for a green-covered report or if no report was prepared.

ii. Three points shall be assigned for a yellow-covered report.

iii. Six points shall be assigned for a white-covered report.

iv. Nine points shall be assigned for a red-covered report.

5. For dams, priority points shall be assigned according to the surface area of water at normal pool created by the dam.

i. One point shall be assigned for a surface area of less than 20 acres.

ii. Three points shall be assigned for a surface area of 20 acres or greater, but less than 50 acres.

iii. Six points shall be assigned for a surface area of 50 acres or greater, but less than 150 acres.

iv. Nine points shall be assigned for a surface area of 150 acres or greater.

6. For dams, priority points shall be assigned according to the use of the dam. A particular dam may be assigned points for more than one use.

i. One point shall be assigned if the impoundment created by the dam is used for recreation.

ii. Two points shall be assigned if the dam is used as a municipal roadway for public use.

iii. Three points shall be assigned if the dam is used as a county roadway for public use.

iv. Four points shall be assigned if the dam's primary design purpose is for flood control.

v. Six points shall be assigned if the water stored behind the dam is used as a potable water supply.

7. For flood control projects, priority points shall be assigned according to the extent the project protects homes.

i. Three points shall be assigned for a project that protects one to five homes.

ii. Five points shall be assigned for a project that protects six to 10 homes.

iii. Seven points shall be assigned for a project that protects 11 to 20 homes.

iv. Nine points shall be assigned for a project that protects 21 or more homes.

8. For flood control projects, priority points shall be assigned according to the extent the project protects commercial businesses.

i. Three points shall be assigned for a project that protects one or two businesses.

ii. Five points shall be assigned for a project that protects three or four businesses.

iii. Seven points shall be assigned for a project that protects five to 10 businesses.

iv. Nine points shall be assigned for a project that protects 11 or more businesses.

9. For flood control projects, priority points shall be assigned according to the extent the project protects industrial facilities.

i. Three points shall be assigned for a project that protects facilities which employ up to 50 people.

ii. Five points shall be assigned for a project that protects facilities which employ 51 to 100 people.

iii. Seven points shall be assigned for a project that protects facilities which employ 101 to 200 people.

iv. Nine points shall be assigned for a project that protects facilities which employ 201 or more people.

10. For flood control projects, priority points shall be assigned according to the extent the project protects agricultural land.

i. Three points shall be assigned for a project that protects less than 100 acres.

ii. Five points shall be assigned for a project that protects 100 acres or more, but less than 200 acres.

iii. Seven points shall be assigned for a project that protects 200 acres or more, but less than 300 acres.

iv. Nine points shall be assigned for a project that protects 300 acres or more.

11. For pollution control projects, priority points shall be assigned according to the extent the project addresses the water quality of stormwater runoff from the area affected by the project.

i. One point shall be assigned for a project that addresses water quality for an area covering less than five acres.

ii. Three points shall be assigned for a project that addresses water quality for an area covering five acres or more, but less than 10 acres.

iii. Five points shall be assigned for a project that addresses water quality for an area covering 10 acres or more, but less than 20 acres.

iv. Seven points shall be assigned for a project that addresses water quality for an area covering 20 acres or more.

12. For pollution control projects, priority points shall be assigned according to the extent the project protects against permanent soil erosion.

i. One point shall be assigned for a project that protects less than five acres.

ii. Three points shall be assigned for a project that protects five acres or more, but less than 10 acres.

iii. Five points shall be assigned for a project that protects 10 acres or more, but less than 20 acres.

iv. Seven points shall be assigned for a project that protects 20 acres or more.

13. Pollution control projects not assigned points under (b)11 and 12 above will be assigned points only pursuant to (b)1iii above.

14. For recreation and conservation projects, priority points shall be assigned according to area of the lake dredged.

i. One point shall be assigned for dredging less than 20 acres.

ii. Three points shall be assigned for dredging 20 acres or more, but less than 50 acres.

iii. Five points shall be assigned for dredging 50 acres or more, but less than 150 acres.

iv. Seven points shall be assigned for dredging 150 acres or more.

15. For recreation and conservation projects, priority points shall be assigned according to the length of the stretch of stream cleaned.

i. One point shall be assigned for a project that cleans less than 0.25 miles of stream.

ii. Three points shall be assigned for a project that cleans 0.25 miles or more, but less than 0.5 miles of stream.

iii. Five points shall be assigned for a project that cleans 0.5 miles or more, but less than 1.0 miles of stream.

iv. Seven points shall be assigned for a project that cleans 1.0 miles of stream or more.

16. For recreation and conservation projects, priority points shall be assigned for projects which provide fish passage.

i. Five points shall be assigned for a project that provides fish passage located on the existing obstruction furthest downstream.

ii. Three points shall be assigned for a project that provides fish passage on an existing structure which blocks the passage of migratory fish and is not the furthest downstream.

17. Recreation and conservation projects not assigned points under (b)14, 15, and 16 above will be assigned points only pursuant to (b)1iv above.

(c) The Department shall determine the total number of priority points assigned to each project under (b) above.

(d) The Department shall rank the projects on a priority list according to the total number of priority points assigned each project, with the project assigned the greatest total number of priority points ranking first.

(e) The Department may, when two or more projects are assigned the same total number of priority points, take geographical distribution of projects into consideration when assigning rank to obtain greater geographical distribution.

(f) The Department shall establish and maintain a separate priority list for each application period.

N.J. Admin. Code § 7:24A-5.1