N.J. Admin. Code § 7:15-4.6 - Habitat Suitability Determinations
(a) Where an area is excluded from being
eligible for sewer service area in accordance with 7:15-4.4 on the basis that
it is within a habitat Rank 3, 4, or 5 on the Department's Landscape Maps of
Habitat for Endangered, Threatened and Other Priority Wildlife, or within a
Natural Heritage Priority Site, an applicant may seek a Habitat Suitability
Determination from the Department to rebut the presumption that the habitat
patch rank is accurate or that the habitat is suitable for the natural resource
elements contained in a Natural Heritage Priority Site.
(b) If a project or activity requires a
permit from the Department that addresses habitat for endangered and threatened
wildlife species or natural resource elements occurring within a Natural
Heritage Priority Site, the applicant may submit the permit application,
request for habitat suitability determination, and plan amendment application
concurrently, so that the Department may review a single Habitat Suitability
Determination for a particular project or activity for compliance with this
chapter and any relevant permit requirements. A habitat suitability
determination is based upon conditions and information available at the time of
the determination. A habitat suitability determination obtained prior to permit
application may be subject to review to ensure that conditions and/or
information have not changed since the issuance of the original determination.
Issuance of a favorable Habitat Suitability Determination does not guarantee
that other Department permits or approvals will be granted.
(c) An application for a Habitat Suitability
Determination shall be submitted to the Department in accordance with
7:15-1.6 and shall include
all the information required below, unless the Department advises the applicant
in writing that any particular item(s) is not required for the area that is the
subject of the application:
1. A letter from
the Department's Natural Heritage Program issued within six months of the date
of application stating if any endangered or threatened wildlife species or
natural resource elements (plant species and/or ecological communities) listed
in the Natural Heritage Database exist on or near the site. Information and
forms relating to the Natural Heritage Program may be found on the State
Forestry Services web page at
www.nj.gov/dep/parksandforests/natural/heritage or obtained from the Office of Natural Lands Management, Natural Heritage Program at:
New Jersey Department of Environmental Protection
State Forestry Services
Office of Natural Lands Management
Mail Code 501-04, P.O. Box 420
501 East State Street
Station Plaza #5, 4th Floor
Trenton, New Jersey 08625-0420
Phone: (609) 984-1339;
2. A description of the local/regional
habitat requirements for each species identified by the Natural Heritage
Program, including citations to appropriate literature and studies specific to
local or New Jersey populations;
3.
A description of the parcel, including, but not limited to:
i. Vegetation, elevation, slope, and aspect,
and a description of any important topographic features such as cliffs, bluffs,
and sinkholes on or within 0.25 miles from the boundary of the site;
ii. The geology of the site as described in
the most current USGS bedrock geologic maps, a description of bedrock and
surficial deposits, and the location and description of any important geologic
features such as talus and caves within 0.25 miles from the boundary of the
site;
iii. The soil types on the
site as most currently classified and mapped by the U.S. Department of
Agriculture Natural Resources Conservation Service and the location and
description of any important soil features present within 0.25 miles from the
boundary of the site;
iv. The
location and a description of all hydrologic features on the site such as
rivers, streams, lakes, ponds, springs, seeps, vernal pools and waterfalls, as
well as those located within 0.25 miles from the boundary of the
site;
v. The location and a
description of all evidence of natural or man-made disturbance both on the site
and within 0.25 miles from the boundary of the site;
vi. The location and a description of all
upland, wetland, and aquatic ecological vegetative communities on the site,
based on quantitative data collected during the optimal time(s) of the year
using appropriate, scientifically accepted terms of description and analysis
techniques. Guidance with regard to appropriate classification systems and
techniques may be found in Guidelines for Describing Associations and Alliances
of the U.S. National Vegetation Classification by Jennings et al. (2003), The
Ecological Society of America--Vegetation Classification Panel, available at:
www.vegbank.org/vegdocs/panel/NVC_guidelines_v3.pdf;
Ecological Systems of the United States: A Working Classification of U.S.
Terrestrial System by Comer et al. (2003), NatureServe, available at:
www.natureserve.org/library/usEcologicalsystems.pdf;
Classification of Vegetation Communities of New Jersey: Second Iteration by
Breden et al. (2001), Association for Biodiversity Information and New Jersey
Natural Heritage Program, available at:
http://rucore.libraries.rutgers.edu/rutgers-lib/37114/;
and Northeastern Terrestrial Wildlife Habitiat Classification by Morton et al.
(2014) available at:
http://rcngrants.org/content/northeastern-terrestrial-wildlife-habitat-classification.
For each ecological community identified on the site, the evaluation shall
include physiognomy, species composition with a list of the most abundant plant
species by strata (canopy tree, subcanopy tree, shrub, vine, herbaceous,
bryophyte), a description of successional stage, slope degrees, and aspect,
geologic substrate (as indicated in the most recent USGS bedrock geologic
maps), soil texture and pH (as indicated in the most recent Soil Survey and
verified by field sampling), depth to water table (as indicated in the most
recent Soil Surveys), and hydrologic influences;
vii. A map showing the location and
composition of ecological communities on the site and the location of important
topographical, geological and hydrological features identified in (b)3iv
above;
viii. The results of
endangered or threatened wildlife or plant species surveys, or biodiversity
inventory, if such surveys or inventory were conducted for the purpose of
supplementing scientific data regarding the suitability of a particular habitat
for particular species or natural resource elements. Any such survey must be
conducted in consultation with the Department and in accordance with all
Federal and State laws and regulations, including for each species or natural
resource element surveyed: the survey method, the surveyor's name(s), dates and
times surveys were performed, number of samples, and number of replications.
Note that negative survey results will not be interpreted by the Department as
conclusive evidence that a site does not feature suitable habitat for an
endangered or threatened wildlife species or natural resource
element;
ix. The names, addresses,
and professional qualifications of all persons who performed habitat
evaluations and/or species surveys relied upon to support the
application;
x. A copy of any or
all other relevant survey(s) or report(s) conducted regarding the subject site
to which the applicant or their agent has access; and
xi. Any other information relevant to
assessing the suitability of habitat on the site for any endangered or
threatened wildlife species or natural resource element occurrence.
(d) In making a Habitat
Suitability Determination, the Department shall consider as suitable habitat
any site that, based on the best available scientific information, provides any
of the components necessary to sustain any endangered or threatened wildlife
species or natural resource elements. For wildlife species, this may include,
but is not limited to, nesting or breeding areas, foraging or feeding areas,
resting or roosting areas, hibernacula or denning areas, migratory and/or
movement pathways, areas necessary for lifecycle completion, or any site that
is a part of a larger habitat area that provides all of the components
necessary to sustain the endangered or threatened wildlife species in question.
The determination shall be based upon evaluation of the administrative record
consisting of, at a minimum:
1. The
information provided by the applicant under (c) above;
2. Information available to the Department
identifying which, if any, endangered or threatened wildlife species or natural
resource element may have suitable habitat on the site. Such information
includes, but is not limited to, the Landscape Maps, Natural Heritage Database,
and records of documented species occurrences;
3. Scientific information related to the life
history characteristics and habitat needs of the species, specific to New
Jersey/regional populations;
4. The
results of any wildlife or plant and/or natural resource element habitat
surveys conducted by or in consultation with the Department and in accordance
with the survey procedures at 7:7-11.4(a)
and (b); and
5. The extent to which
the site contains the characteristics of suitable habitat for each endangered
and threatened wildlife species, or natural resource element including onsite
and adjacent vegetation structure and composition, soil characteristics,
wetland characteristics and hydrologic conditions, surrounding land use and
disturbance levels, and any other factor that may affect the habitat
suitability for any endangered or threatened wildlife species and/or natural
resource element that are identified as part of on-site
inspection(s).
(e) Based
on the available information, the Department will:
1. Issue a written finding regarding the
extent of suitable habitat, if any, for the parcel; or
2. Notify the applicant that seasonal
conditions and/or conditions particular to a particular wildlife species or
natural resource element in question do not permit the Department to verify the
applicant's assessment of the suitability of habitat, explain the seasonal or
species-specific conditions involved, and provide the applicant the option of
either accepting a finding that the site constitutes suitable habitat for that
wildlife species or natural resource element, or requesting that the Department
delay verification of the applicant's assessment regarding the suitability of
habitat until the appropriate season or when the appropriate species-specific
conditions are present. If the applicant requests that the Department delay
verification, the Department shall issue a finding in accordance with (e)1
above after its verification investigation is complete.
(f) A finding issued by the Department
pursuant to (e) above shall be based upon the best information available to the
Department at the time of issuance, and is subject to revision at any time
based on new information.
Notes
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