Fresh Water and Wetlands Act

Question 1

Where has the US Army Corps of Engineer not ceded control over wetlands?

Answer 1

• Meadowlands
• Greenwood Lake
• Delaware River

Question 2

How are wetlands defined?

Answer 2

1. Hydric soils (wet soils)
2. Hydrophytic Vegetation (wet plants)
3. Presence of Hydrology (wet water)

Question 3

What is a Letter of Interpretation (LOI)?

Answer 3

NJDEP written verification of wetlands boundaries

Question 4

State Open Waters exceptions

Answer 4

• Groundwater
• Wetlands
• Artificial Lakes
• Detention Basins

Question 5

What are the characteristics of Ordinary Wetlands?

Answer 5

• NO transition area required
• Swales, ditches, basins, isolated wetlands less than 5,000sf and surrounded by more than 50% development

Question 6

What are the characteristics of Intermediate Wetlands?

Answer 6

• 50-foot transition area required
• Neither ordinary nor exceptional

Question 7

What are the characteristics of Exceptional Wetlands?

Answer 7

• 150-foot transition area required
• Discharges to trout production waters
• habitat for critical species

Question 8

Wetlands Transition Area rule exceptions

Answer 8

• Highlands: 300-foot transition area required
• Pinelands: 300-foot transition area required
• US Army Corps of Engineers regulated wetlands: NO transition area

Question 9

Wetlands where NO transition area is required?

Answer 9

• Ordinary wetlands (<5,000sf and 50% development, swales and basins)
• Wetlands regulated by the US Army Corps of Engineers (Meadowlands, Delaware River, and Greenwood Lake)

Question 10

Where is a 150-foot wetlands buffer required?

Answer 10

Exceptional wetlands

Question 11

Where is a 50-foot wetlands buffer required?

Answer 11

Intermediate wetlands (neither ordinary nor exceptional)

Question 12

What are General Permits?

Answer 12

27 permits for low-impact activities, some with maximum acreage requirements
Examples:

• GP2-Underground Utility Lines with a limit of 1 acres of impact
• GP10-Minor Road Crossings with a limit of 0.25 acres of impact

Question 13

What are Individual Permits in the Freshwater Wetlands Protection Act?

Answer 13

• Permits that do not meet General Permit application
  Requires mitigation:
• Creation
• Enhancement
• Restoration
• Mitigation Bank

Question 14

What is a Transition Area Permit?

Answer 14

Permits that apply to wetlands buffers only (waivers, wetlands averaging plans)

Question 15

What activities are regulated within a transition area?

Answer 15

Permanent changes and any discharge or disposal

Question 16

When was the Freshwater Wetlands Protection Act passed?

Answer 16

1987

Question 17

What is the difference in methodology between NJDEP wetlands regulation and the Army Corps of Engineers?

Answer 17

• NJDEP uses the 1989 Federal Manual for wetlands delineation
• USACE uses the 1987 manual

Question 18

What are “priority wetlands?”

Answer 18

Those defined by EPA as having special importance or vulnerability

Question 19

How are state open waters regulated?

Answer 19

Like wetlands but with no transition areas

Question 20

What are the four types of Letter of Interpretation (LOI)?

Answer 20

• Presence Absence Determination
• Footprint of Disturbance
• Line Delineation
• Line Verification

Question 21

What are the five wetlands transition area waivers?

Answer 21

• General permit transition area waiver: If the activity qualifies for one of the general permits (except for general permits 1,6,7 and 23). The general permit serves as the transition area waiver.
• Special activity transition area waiver: This transition area waivers applies only to certain storm water management activities (such as outfalls), linear development activities (such as roadways and pipelines), and redevelopment activities (such as building a residential development where there was once an industrial development) as well as activities that would meet the criteria for an individual permit if they were located within a freshwater wetland instead of within a transition area.
• Averaging plan transition area waiver: if an activity does not qualify for the general permit transition area waiver or the special activity are waiver, the averaging plan transition area waiver may apply. Under this waiver, the overall shape of the transition area is modified to allow for the proposed activity. However, the total square footage of the transition area must be maintained to ensure there is no reduction in the size of the protected area around the wetland.
• Access transition area waiver: this waiver is for activities that are located in a freshwater wetland that require either a general permit or an individual permit as well as mitigation activities. The waiver allows limited access through the transition area for the construction and/or use of the activity within the wetland. For example, an access transition area waiver would allow for the temporary storage of construction materials within the transition area.
• Hardship transition area waiver: This transition area waiver may be used for an activity only if complying with all of the requirements in the Freshwater Wetlands Act Rules would make any development on the site impossible.