Ecological Evaluation Technical Guidance - State of New Jersey

evaluation might necessitate the completion of a wetland functional analysis(Bartoldus, 1999, Bartoldus, et al., 1994, Magee, 1998, and USACE, 1995),which can range from a semiquantitative assessment such as the WetlandEvaluation Technique (Adamus, et al., 1987), to a more rigorous quantitativeassessment such as the Hydrogeomorphic (HGM) evaluation (Brinson, 1993,Smith, 1993, and Smith et al., 1995). At a minimum, an increased focus on theproblem formulation stage should be made to ensure that all of the intricacies ofthe wetland habitat are addressed.It is also advised that an increased focus be placed on the risk managementaspects of the project, and the ecological impacts of the proposed remedialmeasures. If the ERA indicates that intrusive remedial measures may benecessary to meet ecologically based cleanup goals, the potential ramifications ofthe physical impacts to the wetlands and the resulting difficulties in mitigating thewetlands for those physical impacts should be considered prior to remedyselection and design. For a full discourse on the completion of ERAs in wetlandsenvironments, the investigator is directed to SETAC (1995).6.4.1.1 Wetland Permit ConsiderationsAny person proposing to engage in a regulated activity in freshwater wetlandsand/or State open waters as described in N.J.A.C. 7:7A-2.2 must obtain thenecessary permits from the Department as required by the FreshwaterWetlands Protection Act Rules. For more guidance on the freshwaterwetlands program see http://www.nj.gov/dep/landuse/fww.html. Each permitapplication submitted is reviewed by the Department to determine compliancewith freshwater wetlands regulations. Applications should be submitted to theDivision of Land Use Regulation, Application Support, Mail Code 501-02A,PO Box 420, Trenton, NJ 08625-0420.At times it is necessary for the Department to seek comments or concurrencefrom federal agencies for regulated activities in freshwater wetlands and/orState open waters. Those instances are as follows.Pursuant to a 1993 Memorandum of Agreement between the United StatesFish and Wildlife Service (USFW), the USEPA and the Department, if aFederally-Listed Threatened or Endangered (T&E) Species and DesignatedCritical Habitat is found to be present or adjacent to the site, the Departmentmust provide the USFW with a copy of the permit application for review andcomment by the Service. Depending on the nature and extent of commentsfrom the USFW, the applicant, in conjunction with the site’s LSRP will berequired to respond to the comments and potentially need to modify theremedy for a given site, or timing of said remedy, to be protective of afederally-listed T&E species and its designated critical habitat. Accordingly,it is strongly recommended that an LSRP or Responsible Party engage theUSFW service during the development of a remedial strategy for a given siteif it is determined that a federally listed T&E species or Designated CriticalHabitat is present or adjacent to the site.Ecological Evaluation Technical Guidance Document 70Version 1.2 8/29/12