Public Notice
Proposed changes to the List of Threatened and Endangered Species
that are Critically Dependent on Regulated Waters for Survival
30 Day Comment Period
Please be advised that the New Jersey Department of Environmental Protection, Division of Land Resource
Protection is proposing the following additions to the List of Threatened and Endangered Species that are
Critically Dependent on Regulated Waters for Survival pursuant to the Flood Hazard Area Control Act
(FHACA) rules (N.J.A.C. 7:13). This action is being taken to update the list, last revised May 15, 2008, to
reflect changes in the status of various nongame animal species in New Jersey consistent with the adoption
of recent changes made to the List of Endangered and Nongame Species in accordance with the Endangered
and Nongame Species Conservation Act, N.J.S.A. 23:2A-1 et seq. This list revision will make the list
consistent with the Department’s recently adopted endangered and nongame species New Jersey status
amendments (56 N.J.R. 936(a) (June 3, 2024), 57 N.J.R. 19(b) (Jan. 6, 2025)). At this time the List of
Threatened and Endangered Species that are Critically Dependent on Regulated Waters for Survival for
plant species is not being updated due to anticipated amendment in 2025 of the State Endangered Plant List
Act.
The species proposed for addition to the list have attained endangered or threatened species status in New
Jersey and have life history characteristics that make them critically dependent on regulated waters,
specifically as to their water quality, flow rate, flood regime, and riparian buffers for the completion of the
species’ annual life cycles. Providing the stream habitat of these species with the protection standards
applicable to a critically dependent on the regulated waters designation (See N.J.A.C. 7:13-4.1(c)2iii)
comports with the goals and objectives of the Flood Hazard Area Control Act and the Endangered and
Nongame Species Conservation Act.
The Department anticipates beginning to use the revised List of Threatened and Endangered Species that
are Critically Dependent on Regulated Waters for Survival after considering public comments as described
below and issuing a second public notice in a future NJDEP Bulletin. Upon publication of the second notice,
the revised List will apply to all applications submitted under the FHACA rules, except for applications
submitted prior to the date of the second public notice that are deemed “complete for review” by the
Department as defined at N.J.A.C. 7:13-1.2.
The Department is seeking public comment on these proposed additions and any other relevant information
on the status of endangered or threatened animal species as they relate to their status as being critically
dependent on watercourse habitats. Comments may be submitted within 30 days of the date of this notice
via mail to:
Cathryn Schaffer, Manager
New Jersey Department of Environmental Protection
Watershed and Land Management
Division of Land Resource Protection
Mail Code 501-02A P.O. Box 420
Trenton, New Jersey 08625-0420

NOTE: Flood Hazard Area and Coastal Zone Management applications received after January 1, 2025, which include regulated activities within a FEMA-delineated floodway, must include either a “No-rise Certification” with supporting technical data, from a New Jersey Licensed Professional Engineer and the approval from the community’s floodplain administrator (See Guidance for Flood Risk Analysis and Mapping for more details), or an approved Conditional Letter of Map Revision “CLOMR” (see MT-2 Requests Guidance for additional guidance), prior to the Department’s approval of the application.  Similar standards apply where work is proposed within a FEMA-delineated floodplain that does not have a floodway. See the flowchart for more details.

NOTICE OF REQUEST TO RELEASE A CONSERVATION RESTRICTION

TAKE NOTICE THAT THE DEPARTMENT OF ENVIRONMENTAL PROTECTION (NJDEP) has received an application for the release of a portion of the Conservation Restriction on the Property (described below) and will hold a virtual public hearing on January 22, 2025, at 10:00 a.m. The login information for the public hearing is provided below and any interested person may attend the public hearing and present comments on the request. In addition, an application for a new CAFRA Individual Permit will be submitted to the NJDEP for changes to the residential and commercial project authorized under CAFRA Individual Permit and Freshwater Wetlands General Permit 6 #1500-04-0005.3 APL170001.  The Declaration of Restrictions For Tree Save and Tree Planting Areas was required by a 1997 CAFRA Permit and Freshwater Wetlands General Permit 6 (DLRP File# 1514-90-0005.4, .6, & .7) issued to Cross Street Associates for the proposed construction of a residential development and golf course on the Property and neighboring properties.  The Declaration of Restrictions For Tree Save and Tree Planting Areas was recorded in the Ocean County Clerk’s Office on August 15, 2001.

If the request to release the recorded 2001 Declaration of Restrictions For Tree Save and Tree Planting Areas is approved, the applicant will record a new restriction that modifies the location of an approximately 41 acre portion of the original area to be restricted under the 2001 Restriction. In addition, the applicant will provide compensation through the placing of a conservation restriction on 125 acres of forest areas on a portion of an offsite parcel known as Block 79, Lot 41.01 in Manchester Township, Ocean County.  A release of restrictions is authorized under the provisions of the “New Jersey Conservation Restriction and Historic Preservation Restriction Act” N.J.S.A. 13:8B-5 and 6.

 

Last modified on November 8th, 2024 at 2:01 am

“The Resilient Environments and Landscapes (REAL)” public comment period is now closed.”

Last modified on October 28th, 2024 at 6:25 pm

Modernizing environmental land use rules to respond to climate change by considering risks such as sea level rise and chronic flooding, and to facilitate climate resilience by supporting green infrastructure and renewable energy.

 

TAKE NOTE:  The comment period for the REAL proposal is extended to November 7, 2024

Please be advised that permit applications normally submitted on paper via regular mail may now be submitted via electronic mail to: luasu@njdepwptest.net
This option is for the following application types, only:

• Applications utilizing the “Permit Application Form” (aka “LURP form”)
• Applicability Determinations
• CAFRA Individual Permit and Upland Waterfront Development extension requests
• Dredging Sampling and Analysis Plans
• Acceptable Use Determinations
• Applications involving conservation easements (releases, modifications, etc.)

NOTE: The luasu@njdepwptest.net email option may not be used for those applications which
must be submitted via the NJDEP Business Portal NJDEP| DEP Online | DEP OnlineBusiness Portal, in accordance with applicable regulations.
Please remember to include the following information as separate attachments to your
email:

• Completed LURP, JD, Dredging, etc., form
• Application contents as per the appropriate checklist
• Copy of the signed check if applicable

Following submission of the email, mail the paper check (if applicable) with a cover letter
indicating that the check is associated with an application submitted via the luasu email.
Also include the county, municipality, block and lot for the project location. The check must
be made payable to “Treasurer, State of NJ”, and mailed to:

Division of Land Resource Protection
501 E State Street, Mail Code 501-02A
PO Box 420
Trenton, NJ 08625-0420
Attention: Database Management

Should the email option be utilized to submit an application, please do not include any
additional NJDEP email address (CC’s, etc.) or submit a paper copy of the application
via regular mail

Last modified on July 3rd, 2024 at 11:05 am

TAKE NOTICE THAT THE DEPARTMENT OF ENVIRONMENTAL PROTECTION (“NJDEP”) has decided to hold public hearings and fact-finding meetings in response to the submission of State permit applications to the NJDEP’s Division of Land Resource Protection (“Division”) by Atlantic Shores Offshore Wind LLC (now known as Atlantic Shores Offshore Wind Project 1, LLC and Atlantic Shores Offshore Wind Project 2, LLC) for the Atlantic Shores South Offshore Wind Project.  The Atlantic Shores South Offshore Wind Project is comprised of Project 1 and Project 2 (collectively, the “Projects”).

 

The State permit application for Project 1 requests a CAFRA Individual Permit, Waterfront Development Individual In-Water Permit, a Freshwater Wetlands Special Activity Transition Area Waiver for Linear Development, and a Freshwater Wetlands Letter of Interpretation and proposes the installation of the portion of the electric transmission export cable within New Jersey State waters within the Atlantic Ocean off the coast of Atlantic City in Atlantic County, the landfall of this export cable in Atlantic City, the installation of the onshore portion of the export cable to a proposed onshore substation located on Fire Road in Egg Harbor Township, Atlantic County, and the installation of the remainder of the export cable to a point of interconnection for the Cardiff substation in Egg Harbor Township, Atlantic County.  The NJDEP’s file number for the Project 1 application is 0000-21-0022.2 LUP240001 & LLI240001.  The NJDEP has determined that public hearings on the CAFRA portion of the application are necessary due to the scope and environmental impact of proposed Project 1 in accordance with N.J.A.C. 7:7-26.5(a).  The NJDEP has determined that fact-finding meetings on the Waterfront Development Individual In-Water Permit and Freshwater Wetlands Special Activity Transition Area Waiver for Linear Development portions of the application are necessary for the reasons outlined above and in accordance with N.J.A.C. 7:7-26.2(h) and N.J.A.C. 7:7A-19.1(g), respectively.

 

The State permit application for Project 2 requests a Waterfront Development Individual In-water Permit and proposes the installation of the portion of the electric transmission export cable within New Jersey State waters within the Atlantic Ocean off the coast of the Borough of Sea Girt in Monmouth County.  The NJDEP’s file number for the Project 2 application is 0000-21-0022.3 LUP240001.  The NJDEP has determined that fact-finding meetings on this Waterfront Development Individual In-Water Permit application are necessary due to the scope and environmental impact of proposed Project 2 in accordance with N.J.A.C. 7:7-26.2(h).

 

The goal of these public hearings and fact-finding meetings is to gather information from members of the public to assist the NJDEP in its evaluation of potential impacts.

 

The overall Atlantic Shores South Offshore Wind Project consist of  up to 200 wind turbine generators (WTGs), up to 10 offshore substations (“OSSs”), up to 1 permanent meteorological (“met”) tower, up to 4 temporary meteorological and oceanographic (“metocean”) buoys, interarray and interlink cables, and export cables that will be located in Federal offshore waters approximately 8.7 miles from the New Jersey shoreline within Bureau of Ocean Energy Management (“BOEM”) Lease Area OCS-A 0499 (“Lease Area”) as well as accompanying electric transmission cables from the Lease Area to two landfall points in Atlantic and Monmouth counties.  Additionally, the Projects consist of work within State waters and onshore as described above.  Please note that the portion of the Projects within Federal waters was determined to be consistent with the enforceable policies of the Coastal Zone Management Rules (N.J.A.C. 7:7-1.1 et seq.) on April 1, 2024 under Federal Consistency Certification #0000-21-0022.1 CDT210001.

 

The Projects would contribute to New Jersey’s goal of 11 gigawatts (GW) of offshore wind energy generation by 2040 as outlined in New Jersey’s Governor’s Executive Order No. 307, issued on September 21, 2022.  Further, Project 1 is intended to fulfill the New Jersey’s Board of Public Utilities (“NJBPU”) September 9, 2020 second solicitation for 1,200 to 2,400 megawatts (MW) of offshore wind that was awarded to Atlantic Shores Offshore Wind for 1,510 MW of offshore wind on June 30, 2021 (NJBPU Docket No. QO21050824).

 

The scheduled public hearings/fact-finding meetings will consist of two (2) virtual public hearings/meetings and one (1) in-person public hearing/meeting.  The scheduled two (2) virtual public hearings/meetings will be held on Tuesday May 14^th, 2024 starting at 6 pm with a maximum end time of 9 pm and on Wednesday May 29^th, 2024 starting at 1 pm with a maximum end time of 4 pm.  The scheduled in-person public hearing/meeting will take place in the auditorium of Central Regional High School located at 509 Forest Hills Parkway in Bayville, New Jersey on Tuesday May 28^th, 2024 starting at 5 pm with a maximum end time of 8 pm.  Please be advised, the public hearings/meetings may conclude before the above specified end times in the event no additional commenters wish to speak.  Members of the public may participate in the virtual hearings/meetings via video conference or by telephone.  Those planning to offer comments at the in-person hearing/meeting may sign up to do so during the hearing/meeting.

 

Registration for the May 14^th, 2024 virtual public hearing/fact-finding meeting can be made by visiting the following link:

 

https://cbi-org.zoom.us/meeting/register/tZMtdeqhrDgoHNFD9OWZyyMy8zwcGhXloIeH

 

Registration for the May 29^th, 2024 virtual public hearing/fact-finding meeting can be made by visiting the following link:

https://cbi-org.zoom.us/meeting/register/tZAsc-Gorj4tHdakgpcTAHE0jKm09jwIlm27

 

Once registered for one or both virtual public hearings/fact-finding meetings, a confirmation email will be sent to the registered email address containing further information about joining the virtual public hearing(s)/fact-finding meeting(s).

 

Project information is available to review at: www.nj.gov/dep/offshorewind/outreach.html#comment

 

The applications for the Projects can be reviewed by prior scheduled appointment at the NJDEP’s Trenton Office or by requesting an electronic copy of the application by contacting https://www.nj.gov/dep/opra/opraform.html as part of an Open Public Records Act (“OPRA”) request submitted to the NJDEP’s Trenton Office.

 

The NJDEP welcomes comments and any information that you may provide.  The NJDEP encourages the submission of written comments electronically within fifteen (15) days of the close of the May 29^th, 2024 virtual public hearing/fact-finding meeting at www.nj.gov/dep/offshorewind/comments.html.  Written comments may also be submitted to the New Jersey Department of Environmental Protection, Division of Land Resource Protection, P.O. Box 420, Code 501-02A, Trenton, New Jersey 08625, attn: Janet Stewart, Manager.

 

There is no need for duplicate electronic and hard copy submissions. All comments submitted will be maintained by the NJDEP.

The Department is pleased to announce that an updated version of the Protocols for the Establishment of Exceptional Resource Value Wetlands Pursuant to the Freshwater Wetlands Protection Act (N.J.S.A. 13:9B-1 et seq.) based on Documentation of State or Federal Endangered or Threatened Species is now available online.  This November 2023 edition replaced the 2013 edition and features a discussion on the use of the Landscape Project 3.3 mapping, some minor edits and updates to existing species protocols and a new protocol for the federally and state endangered Norther Long-eared Bat (Myotis septentrionalis).  This new protocol outlines the biology and distribution of this species in New Jersey and the process followed to determine whether or not appropriate documentation and suitable habitat exists when evaluating freshwater wetland habitats for this species for classification as being of exceptional resource value.  The document can be found at https://njdepwptest.net/wlm/maps/ under Maps and Guidance Documents/Freshwater Wetlands.  Questions or comments may be directed to the staff of the E&T Unit at etsu@njdepwptest.net.

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION
REQUEST TO RELEASE CONSERVATION RESTRICTION
PUBLIC HEARING

TAKE NOTICE that, in accordance with the New Jersey Conservation Restriction and Historic Preservation Restriction Act, N.J.S.A. 13:8B-5, the New Jersey Department of Environmental Protection, Division of Land Resource Protection (the “Department”) has received an application for a partial release of a Conservation Restriction for Modified Transition Area by Joanna Diamond for New Jersey American Water Company, Inc., for the property identified as Block 3001, Lot 12 (and formerly known as Block 7013, Lot 14). The lot is shown on the official tax map of Neptune Township in Monmouth County, New Jersey, and is developed with a Public Utility Water Treatment Plant known as the Jumping Brook Water Treatment Plant, with associated facilities and undeveloped areas.

A portion of the property was deed restricted as part of a Freshwater Wetlands Transition Area Waiver (File No. 1334-90-0002.9), by way of the Conservation Restriction recorded at Deed Book OR-8420, Page 990&c. at the Monmouth County Clerk’s Office on December 3, 2004, for construction of water treatment facilities.  The applicant proposes to construct new water treatment facilities within a portion of the restricted area.  In addition, the applicant proposes to add language to the deed restriction to allow for continued maintenance of infrastructure that existed prior to the recording of the deed restriction.  To offset the proposed disturbances to deed restricted areas, the applicant has proposed to preserve a greater area of wetland and transition area on the property.

APPLICANT:            New Jersey American Water Company, Inc., c/o Joanna Diamond
FILE NUMBER:          1334-22-0002.1 LUP220001/CRR230001
PROJECT DESCRIPTION:  Jumping Brook Water Treatment Plant - Partial Deed Restriction Lifting

MUNICIPALITY:         Neptune Township
COUNTY:               Monmouth
PROJECT ADDRESS:      611 to 625 Old Corlies Avenue
                      Block 3001, Lot 12 (and formerly known as Block 7013, Lot 14), 
                      Neptune Township, Monmouth County
HEARING DATE:         September 12, 2023
HEARING TIME:         10:30 AM

The Division of Land Resource Protection invites the public to attend the Public Hearing via Microsoft Teams.  To access the meeting, please use the following link and look for a specific link to the hearing:

Join the Microsoft Teams Meeting

You can also join via phone at 1-856-338-7074        Conference ID: 529 363 091#

Lastly, the public may email written comments within fifteen (15) days following the Public Hearing to: Ryan Anderson, Manager, Division of Land Resource Protection Program at ryan.anderson@njdepwptest.net.

 

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION
REQUEST TO RELEASE CONSERVATION RESTRICTION
PUBLIC HEARING

TAKE NOTICE that, in accordance with the New Jersey Conservation Restriction and Historic Preservation Restriction Act, N.J.S.A. 13:8B-5, the New Jersey Department of Environmental Protection, Division of Land Resource Protection (the “Department”) has received an application for a partial release of a Conservation Restriction/Declarations of Environmental Restrictions by Shlomo Katz representing Bias Yaakov High School of Lakewood, dated January 12, 2023, for the property identified as Block 343, Lot 1. The lot is shown on the official tax map of Lakewood in Ocean County, New Jersey, and is partially developed with a school building, a pool, a parking lot, stormwater management features, and undeveloped forested areas.

A portion of the property was deed restricted as part of a Transition Area Waiver Averaging Plan (File No. 1514-00-0005.2), approved by the Department on December 1, 2000, for construction of a school building, a parking lot, stormwater management features. The applicant proposes to construct a 2- story expansion to the existing school with additional access.

To offset the proposed disturbances to deed restricted areas, the applicant has proposed alternate deed restricted compensation transition areas on the subject property, as well as the preservation of an off-site land, Block 284 Lot 72 within Lakewood New Jersey, through deed restriction.

APPLICANT:            Shlomo Katz
FILE NUMBER:          1514-09-0004.5 LUP200001
PROJECT DESCRIPTION:  Bias Yaakov High School of Lakewood - Partial Deed Lifting

MUNICIPALITY:         Lakewood
COUNTY:               Ocean
PROJECT ADDRESS:      277 James Street
                      Block 343, Lot 1
                      Lakewood, Ocean County
HEARING DATE:         July 18, 2023
HEARING TIME:         2:00 PM

The Division of Land Resource Protection invites the public to attend the Public Hearing via Microsoft Teams.  To access the meeting, please use the following link below to join the hearing:

 

Join on Microsoft Teams

 

You can also join via phone at 1-856-338-7074        Conference ID: 817 534 47#

 

Lastly, the public may email written comments within fifteen (15) days following the Public Hearing to: Taryn Pittfield, Project Manager at Taryn.Pittfield@njdepwptest.net.