Ecological Evaluation Technical Guidance - State of New Jersey

Pursuant to N.J.A.C. 7:7A-12.2, USEPA Review, the Department is requiredto submit any application involving a major discharge into freshwaterwetlands or State open water to the USEPA. A major discharge under thefreshwater wetlands protection act rules is defined in N.J.A.C. 7:7A-1.4. Anexample of a major discharge is the filling of five or more acres of freshwaterwetlands and/or State open waters. If the USEPA objects to the issuance ofthe applicable permit, the Department will seek input from the applicant, inconjunction with the site’s LSRP, to address USEPA’s objection to allow forissuance of the applicable permits. If a regulated activity is proposed as partof the remediation of the site that meets the definition of a major discharge, itis strongly recommend that the applicant request a pre-application meetingwith the Department to discuss the remedial strategy. To request a preapplicationmeeting, please send a letter with accompanying topographic mapand project description to the Department’s Office of Dredging and SedimentTechnology, P.O. 420, Mail code 401-04P, Trenton, NJ 08625-420.Please be advised that other permits may be required for remedial activitiesundertaken in natural resources under the jurisdiction of the land useregulation program. For further guidance please refer tohttp://www.nj.gov/dep/landuse/ for further information.6.4.1.2 Wetland Backfill ConsiderationsAs a condition of the permit(s), restoration of the wetland is required that mayinclude more rigorous components than those associated with a remedialaction undertaken in an industrial or terrestrial setting. The material used torestore a wetland shall be of a quality similar that of pre-existing conditions asper N.J.A.C. 7:7A-15.2. For example, the type of fill material used to backfillan excavation in a wetland must be capable of supporting the re-establishmentof native plant species. Similarly, the type of material used to backfill asediment remedial action in a stream should allow for the re-establishment ofthe benthic macroinvertebrate community.6.4.2 EstuariesEstuaries are tidally influenced areas where freshwater inputs from rivers, streamsor other conveyances enter coastal marine environments. They are highlyproductive and nutrient rich, providing nursery and refugia for invertebrates, fish,and wildlife of ecological, recreational, and commercial value. Estuaries aredefined as ESNRs pursuant to N.J.A.C 7:1E-1.8 and should be identified in theEE. Estuaries potentially receive contaminants via previously identifiedcontaminant migration pathways. Where the contaminant migration pathway isbelieved to link to the estuarine environment, those areas may be subject to tidalexchanges that require the investigator to factor this into the assessment. Forexample, through a complete contaminant migration pathway, COPECs may enterthe estuarine environment and deposit in the near-shore sediments or nearbyshoreline, or they may be transported some distance depending on their physicaland chemical properties. The potential for COPECs to move within the estuaryshould be considered in the ERA and delineated during the RI pursuant toEcological Evaluation Technical Guidance Document 71Version 1.2 8/29/12