Cleaning up Contaminated Sites in New Jersey s Coastal Zone

Transcription

1 Cleaning up Contaminated Sites in New Jersey s Coastal Zone Robert Piel, Environmental Project Manager Amy S. Greene Environmental Consultants Inc. 4 Walter E. Foran Blvd. Flemington, New Jersey

2 New Jersey s Coastal Zone Waterfront Development Law and State Owned Tidelands (Grid Area) WD Area may extend feet inland of MHWL Wetlands Act of 1970 (Yellow) Coastal Area Facilities Review Act (CAFRA) (Purple) New Jersey Meadowlands District (Green)

3 Waterfront Development Jurisdiction Divided into three sections a)njmd- all tidal waterways up to MHWL b)cafra- all tidal waterways up to MHWL c)outside a&b, all tidal waterways and adjacent upland extending: 1) Minimum 100 feet inland 2) Up to 500 feet inland or to first paved public road, railroad or property line

4 WD Regulated Activities Construction in or Alteration of any Area w/in Waterfront Jurisdiction Placement of Fill Dredging or Removal of Sediment Bulkheads/Docks/Piers Erection of any Structure Pipelines/Cables Bridges Any Residential, Commercial, Industrial Development

5 Meadowlands District USACOE - Wetlands and Waters NJDEP Coastal Rules apply to: WDP Activities Below MHWL Federal Consistency Determination for USACE Wetlands Permit and CERCLA

6 Coastal Area Facility Review Act of 1973 Boundary Defined by Statute Extends from Middlesex County to Salem County Development in the CAFRA Zone requires a Permit from NJDEP (CAFRA)

7 Development in CAFRA Zone Development on Beach/Dune Residential and Commercial Development: Thresholds Increase as Distance from Shoreline Increases (0-150, , 500 and Beyond) No. Dwelling Units No. Commercial Parking Spaces All Public Development Solid Waste Facilities Landfills, etc. Industrial Development

8 Wetlands Act of 1970 Jurisdiction All Mapped Coastal Wetlands a)subject to tidal flow b)vegetated by listed coastal wetland species c)shown on Official Maps, Adopted by Rule

9 Wetlands Act of 1970 Regulated Activities Draining or Diversion of Water Filling Construction of Structures Excavation/Dredging Driving of Pilings, Dumping of Solid Waste/Debris, etc. is Prohibited

10 Lands Now or Formerly Flowed by the Tide (TIDELANDS) All Tidelands are Owned by the State a) Unless Ownership Previously Granted Tidelands can be Leased or Granted Approval needed to occupy Tidelands Managed by the Tidelands Resource Council

11 Standards for Development in New Jersey s Coastal Zone Standards and Procedures for all Regulated Activities in the Coastal Zone ( CAFRA, WD, Coastal Wetlands) 7:7 Coastal Permit Program Rules (Procedural) Jurisdiction Permit Review Procedures General Permits and Permits by Rule Hearing Requests/ Enforcement 7:7E Coastal Zone Management Rules (Substantive) Special Areas (Critical Wildlife Habitat, Endangered Species, Special Hazard Areas) Water Areas ( Filling[capping], Dredging[excavation]) Use Rules ( Housing, Public Facilities) Resource Rules (Storm-water, Vegetation, Public Access, Buffers) Consolidated rules proposed June 2, 2014.

12 Determining if a Coastal Permit is Needed Review the location of the project CAFRA Zone Coastal Wetlands Mean High Water Line Tidelands ownership New Jersey Meadowlands Type of Development/ Regulated Activities Public Development (CAFRA) Placement of fill (WD/CAFRA/Coastal Wetlands/Tidelands) Dredging/Excavation Project Specific Decision

13 Investigation of a Contaminated Site in Coastal General Permit for Geotechnical Borings (7:7-7.27) Determine Extent of Contamination of Soils or Groundwater Not Allowed in Shellfish or E&T Habitat or Aquatic Vegetation Comply with Tech Requirements for Site Remediation Timing Restrictions to Protect Fisheries May Apply the NJ Coastal Zone Permit by Rule 21 for Implementation of a Sediment Sampling Plan In a Water Part of a Remedial Investigation Prepared in Accord with Technical Requirements for Site Remediation Approved by DEP or LSRP

14 Clean up of Contaminated Sites in the NJ Coastal Zone Coastal General Permit 7: Meet Criteria Under General Permit 15 (not all standards at 7:7E) Only Activities Above MHWL Covers Investigation, Clean-up, Removal or Remediation of Hazardous Substances Defined Under Spill Compensation and Control Act NJ Water Pollution Control Act Clean Up Remedy Approved by the DEP(LSRP) (ODST coordinates) No Practical Alternative to the Clean Up Method with Less Impact to Special Areas ( Wetlands, T&E, Critical Wildlife Habitat, etc.) Wetlands and Flood Hazard Standards are incorporated by reference Mitigation Required for Impacts to Special Areas Mitigation Plan Required for Application Approval

15 Clean up Activities Below the MHWL Individual Waterfront Development Permit Special Areas Wetlands Intertidal Subtidal Shallows Flood Hazard Areas Riparian Zones Special Hazard Area Rule Water Area Rules Use Rules Resource Rules More Complicated Application and Review

16 Restoration/Mitigation Mitigation Required for Impacts to Special Areas Restoration, Enhancement, Creation, Donation Wetlands, Riparian Zones, T&E, Critical Wildlife Habitat, Intertidal Shallows, Shellfish, SAV, Etc. Case By Case Mitigation Plan Approved With Permit

17 Major Proposed CZM Rule Changes Relating to Clean Up of Sites Environmental Dredging: New Definition New Water Area Rule Makes Environmental Dredging Easier Than New Dredging Remove Contaminated Sediments Below MHWL Located in a Special Hazard Area (7:7E-9.39) Remedial Action Work Plan Approved by DEP or LSRP Pre Dredging Sampling Required Compliance with NJDEP Dredging Manual criteria Requires an Individual Permit General Permit for Clean up of Hazardous Substances Above MHWL Amended to Require NJDEP or LSRP Approval

18 Closure of a Superfund Site

19 Landfill Closure and CERCLA Wetland Delineation Permits required; NJDEP (Permit Equivalency/Federal Consistency) FWWGP 5 (Landfill Closure) Waterfront Development CAFRA Mapped Coastal Wetlands Water Quality Certificate Mitigation Required Tidal Wetlands Restoration Monetary Donation ( NJ Wetlands Mitigation Council) Other issues Cultural Resource Survey Post Construction Monitoring Aquatic Pesticide Permit Superfund Site

20 Walter E. Foran Blvd. Flemington N.J.