ML12283A139
| ML12283A139 | |
| Person / Time | |
|---|---|
| Site: | Salem, Hope Creek, 05200043 |
| Issue date: | 04/21/2010 |
| From: | Richard Anderson State of NJ, Dept of Environmental Protection |
| To: | Bickle G Office of New Reactors, AKRF |
| References | |
| ND-2012-0053 | |
| Download: ML12283A139 (3) | |
Text
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DEPAllTMENTOFENVIRONMENT AL*PROTECTION APR 3 a 2010 By: ______ _
---\\..CHRIS:CH1US1'lE,c-* ---------Division of,tindDse.Regulatio~
n ___
BOo MARTIN Governot:
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.KIM GUADAGNO Lt. Governor
- Gary.Bickle
.AI(RF, InC.
lOO Centre Blvd:, Suite 102 Marlton, Nl 08053 Trenton, New Jersey, 08625 www.s_.nj.usldep/lauduse Freshwater Wetlands Letter of Interpretation/Line Verification File No.: 1704-02'()()01.4-FWW090001 Applicant: Jeffrey Pantazes clo PSEG Nuclear, LLC Block(s): 26; Lot(s): 4,4.01,5, 5.01 Lower Alloway Creek Twp., Salem Co.
Dear Mr. Bickle:
This letter is in response to your request for a Letter of Interpretation to verify the jurisdictional boundary of freshwater wetlands and waters on the referenced property. It remains valid for 5 years from the issuance date.
In accordance with established agreements, the New Jersey Department of Environmental Protection, Division of Land Use Regulation ("DLUR" or Division) is the lead agency for establishing the extent of State and Federally regulated wetlands and waters within the State.
The U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency retain the right to reevaluate and modify a jurisdictional determination should information prove to be incomplete or inaccurate.
Based upon information submitted, the Division has determined that the freshwater wetland and/or State open water boundary Une(s) as shown on one (1) plan sheet entitled:
Sheet 1 of"2 "WETLANDS 'PLAN, SALEM & HOPE CREEK GENERATING STATIONS;, BLOCK 26~* LOTS. 4,... 4.01, : 5 *' & 5.01;. PSEO** NlJLgAR LLC, TOWNSBIP*OF::LOWER<ALLOWAYS:CItEitl<:, SALEM :CO~ N.Jr,' prepared,by PSEG Semce, Go~.t'.tion,. and *:d.t~ ;July IS,' 2009, I.. t *revls,d':oll,February 19;.
2010, is (are) a~~.. r.te*,as.shown.i,
Please ' be" adVbeci'; _p~, fmb'Water,' w.tlUds
- have been, omitted' from, the pennitted~ CU).~.d i' dJs~"1.f.~w..ty;" cut.,.ntly,,* being*: used:: for, dfap,osai), of,* matedal; fro... *. "Pm."'!: ~*eA... ee, ~",
- *, and;- de,Utlnlt 0",,,.tt9Jl':\\ at:- tb:,,; statton's*
intake:struClU.... ~aD~ib~e.'SUps *. Tke Oi... artm.nt*,re$eRes *th,:rfght"to,taJ(.,
00
-'I,
.,. e'
. j :/
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$tlde.; &Jf~~.~,3J,1:GeV:'
DEPAllTMENTOFENVIRONMENT AL*PROTECTION APR 3 a 2010 By: ______ _
---\\..CHRIS:CH1US1'lE,c-* ---------Division of,tindDse.Regulatio~
n ___
BOo MARTIN Governot:
P.0.'80",439 :
~CO i=-:'m
=:=mJssIo
~=
II:.:.::
er=-=-------
.KIM GUADAGNO Lt. Governor
- Gary.Bickle
.AI(RF, InC.
lOO Centre Blvd:, Suite 102 Marlton, Nl 08053 Trenton, New Jersey, 08625 www.s_.nj.usldep/lauduse Freshwater Wetlands Letter of Interpretation/Line Verification File No.: 1704-02'()()01.4-FWW090001 Applicant: Jeffrey Pantazes clo PSEG Nuclear, LLC Block(s): 26; Lot(s): 4,4.01,5, 5.01 Lower Alloway Creek Twp., Salem Co.
Dear Mr. Bickle:
This letter is in response to your request for a Letter of Interpretation to verify the jurisdictional boundary of freshwater wetlands and waters on the referenced property. It remains valid for 5 years from the issuance date.
In accordance with established agreements, the New Jersey Department of Environmental Protection, Division of Land Use Regulation ("DLUR" or Division) is the lead agency for establishing the extent of State and Federally regulated wetlands and waters within the State.
The U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency retain the right to reevaluate and modify a jurisdictional determination should information prove to be incomplete or inaccurate.
Based upon information submitted, the Division has determined that the freshwater wetland and/or State open water boundary Une(s) as shown on one (1) plan sheet entitled:
Sheet 1 of"2 "WETLANDS 'PLAN, SALEM & HOPE CREEK GENERATING STATIONS;, BLOCK 26~* LOTS. 4,... 4.01, : 5 *' & 5.01;. PSEO** NlJLgAR LLC, TOWNSBIP*OF::LOWER<ALLOWAYS:CItEitl<:, SALEM :CO~ N.Jr,' prepared,by PSEG Semce, Go~.t'.tion,. and *:d.t~ ;July IS,' 2009, I.. t *revls,d':oll,February 19;.
2010, is (are) a~~.. r.te*,as.shown.i,
Please ' be" adVbeci'; _p~, fmb'Water,' w.tlUds
- have been, omitted' from, the pennitted~ CU).~.d i' dJs~"1.f.~w..ty;" cut.,.ntly,,* being*: used:: for, dfap,osai), of,* matedal; fro... *. "Pm."'!: ~*eA... ee, ~",
- *, and;- de,Utlnlt 0",,,.tt9Jl':\\ at:- tb:,,; statton's*
intake:struClU.... ~aD~ib~e.'SUps *. Tke Oi... artm.nt*,re$eRes *th,:rfght"to,taJ(.,
Page 2 Letter of Interpretation jurisdiction over these areas should there be a change in use from a dredge and silt disposal site
- In addition, there are also mapped coastal wetlands (MCW) on the subject property as shown on Coastal Wetlands Map #231-1762, 224-1752, and 224-1752 dated July 22/September 91972, and as such is regulated pursuant to the Coastal Wetlands Act of 1970.
The wetlands/waters boundary line(s), as determined in this letter, must be shown on any future site development plans. The line(s) should be labeled with the above DLUR file number and the following note: "WetlandslWaters Boundary Line as verified by NJDEP on *.*. (date ofthis letter)...., File No. (as referenced above)".
Wetlands Resource Value Classification ("RVC")
State open water: Flag points: SOW-II through SOW-13 and SOW-24 through SOW-
- 31. [0 foot buffer]
Ordinary: Flag points: BI-3A through BI-23, DI-I through DI-14, Dl-70 through D1-77, D1-105 through D1-119, DI-45 through DI-6I, D1a-1 through Dla-IO, DIc-I through Dlc-9, 0-1 through 0-6, H-l through H-4, 1-1 through 1-4, J-1 through J-I0, K-1 through K-4, L-1 through L-6, P-1 through P-34, Q-1 through Q-9, R-1 through R-4, T-l through T-8, 0-1 through U-4, V-I through V-26, W-l through W-I7, X-I through X-4, Y-1 through Y-4. [0 foot wetland buffer]
Intermediate: All remaining freshwater wetland flag points shown on and immediately adjacent to the referenced property are considered Intermediate Resource Value. [50 foot wetland buffer]
Please be advised that a buffer of up to 300 feet may be imposed adjacent to mapped coastal wetlands (MCW) if your project is regulated by Waterfront Development Law (N.J.S.A. 12:5-3), Coastal Area Facility Review Act (N.J.S.A. 13:19) and/or Coastal Wetlands Act of 1970 (N.J.S.A. 13:9A).
The aforementioned classifications (RVC & MCW) may affect requirements for wetland and/or transition area permitting.
Please refer to the Freshwater Wetlands Protection Act (N.J.S.A. 13:9B-1 et seq.) and implementing Freshwater Wetlands Protection Act rules at NJ.A.C. 7:7A-I et seq. for additional information.
General Information Wetlands resource value classification is based on the best information available to the Department. The classification is subject to reevaluation at any time if additional or updated information is made available, including, but not limited to, information supplied by the applicant. For exceptional resource value wetland reclassification requests, refer to N.J.A.C.
Page 2 Letter of Interpretation jurisdiction over these areas should there be a change in use from a dredge and silt disposal site
- In addition, there are also mapped coastal wetlands (MCW) on the subject property as shown on Coastal Wetlands Map #231-1762, 224-1752, and 224-1752 dated July 22/September 91972, and as such is regulated pursuant to the Coastal Wetlands Act of 1970.
The wetlands/waters boundary line(s), as determined in this letter, must be shown on any future site development plans. The line(s) should be labeled with the above DLUR file number and the following note: "WetlandslWaters Boundary Line as verified by NJDEP on *.*. (date ofthis letter)...., File No. (as referenced above)".
Wetlands Resource Value Classification ("RVC")
State open water: Flag points: SOW-II through SOW-13 and SOW-24 through SOW-
- 31. [0 foot buffer]
Ordinary: Flag points: BI-3A through BI-23, DI-I through DI-14, Dl-70 through D1-77, D1-105 through D1-119, DI-45 through DI-6I, D1a-1 through Dla-IO, DIc-I through Dlc-9, 0-1 through 0-6, H-l through H-4, 1-1 through 1-4, J-1 through J-I0, K-1 through K-4, L-1 through L-6, P-1 through P-34, Q-1 through Q-9, R-1 through R-4, T-l through T-8, 0-1 through U-4, V-I through V-26, W-l through W-I7, X-I through X-4, Y-1 through Y-4. [0 foot wetland buffer]
Intermediate: All remaining freshwater wetland flag points shown on and immediately adjacent to the referenced property are considered Intermediate Resource Value. [50 foot wetland buffer]
Please be advised that a buffer of up to 300 feet may be imposed adjacent to mapped coastal wetlands (MCW) if your project is regulated by Waterfront Development Law (N.J.S.A. 12:5-3), Coastal Area Facility Review Act (N.J.S.A. 13:19) and/or Coastal Wetlands Act of 1970 (N.J.S.A. 13:9A).
The aforementioned classifications (RVC & MCW) may affect requirements for wetland and/or transition area permitting.
Please refer to the Freshwater Wetlands Protection Act (N.J.S.A. 13:9B-1 et seq.) and implementing Freshwater Wetlands Protection Act rules at NJ.A.C. 7:7A-I et seq. for additional information.
General Information Wetlands resource value classification is based on the best information available to the Department. The classification is subject to reevaluation at any time if additional or updated information is made available, including, but not limited to, information supplied by the applicant. For exceptional resource value wetland reclassification requests, refer to N.J.A.C.
7:7A-2A(c).,. The:Department*has m1l*~.mado a determination ~as
- to whether, any featuresonsite.
would be regulated :undertheFlood:Hazatd *Area*Control Act RUles {FHACAR), N.J.A,C. 7:13.
In-ordeMo-detennineif-there--are-any~ated-fea.tures-on-the-~perty-and/or--to-dctcmnine-if--the-proposC(Lproject*;is *regulated 'bythe,FHACAR, the applicant may submit an* Applicability Detennination in accordance witlrN.J.A.C. 7:13-5.1.
Regulated activities proposed within a wetland, wetland transition area or water area, as defined by N.J.A.C. 7:7 A..:2.2 and 2.6 oithe.Freshwater Wetlands Protection Act rules, require a pennit from *this of'ficeunless specifically exempted at N.J.A.C. 7:7A.. 2.8. The approved plan and supporting jurisdictional limit infonnation are now part of the Division's public records.
This letter in no way legalizes any fill which may have been placed, or other regulated activities which may have occurred* on-site. This detennination of jurisdiction extent or presence does not make a finding that wetlands or water areas are "isolated" or part of a surface water tributary system. Furthermore, obtaining this detennination does not affect your responsibility to obtain any local, State, or Federal pennits which may be required.
Appeal Process In accordance with NJ.A.C. 7:7A-1.7, any person who is aggrieved by this decision may request a hearing within 30 days of the date the decision is published in the DEP Bulletin by writing to: New Jersey Department of Environmental Protection, Office of Legal Affairs, Attention: Adjudicatory Hearing Requests, P.O. Box 402, Trenton, NJ 08625-0402~ This request must include a completed copy of the Administrative Hearing Request Checklist. Hearing requests received after 30 days of publication notice shall be denied. The DEP Bulletin is available on the Department's website at www.state.nj.usldep. [See General Information section above for initial resource value appeal protocalJ Please contact Brett N. Kosowski of our staff at (609) 777-0454 should you have any questions regarding this letter.
Be sure to indicate the Division's file number in all communication.
Sincerely,
/f/~
Ryan J. Anderson, ActingSupervlsor Bureau of Coastal Reguiation c:
Municipal Clerk Municipal Construction,Official 7:7A-2A(c).,. The:Department*has m1l*~.mado a determination ~as
- to whether, any featuresonsite.
would be regulated :undertheFlood:Hazatd *Area*Control Act RUles {FHACAR), N.J.A,C. 7:13.
In-ordeMo-detennineif-there--are-any~ated-fea.tures-on-the-~perty-and/or--to-dctcmnine-if--the-proposC(Lproject*;is *regulated 'bythe,FHACAR, the applicant may submit an* Applicability Detennination in accordance witlrN.J.A.C. 7:13-5.1.
Regulated activities proposed within a wetland, wetland transition area or water area, as defined by N.J.A.C. 7:7 A..:2.2 and 2.6 oithe.Freshwater Wetlands Protection Act rules, require a pennit from *this of'ficeunless specifically exempted at N.J.A.C. 7:7A.. 2.8. The approved plan and supporting jurisdictional limit infonnation are now part of the Division's public records.
This letter in no way legalizes any fill which may have been placed, or other regulated activities which may have occurred* on-site. This detennination of jurisdiction extent or presence does not make a finding that wetlands or water areas are "isolated" or part of a surface water tributary system. Furthermore, obtaining this detennination does not affect your responsibility to obtain any local, State, or Federal pennits which may be required.
Appeal Process In accordance with NJ.A.C. 7:7A-1.7, any person who is aggrieved by this decision may request a hearing within 30 days of the date the decision is published in the DEP Bulletin by writing to: New Jersey Department of Environmental Protection, Office of Legal Affairs, Attention: Adjudicatory Hearing Requests, P.O. Box 402, Trenton, NJ 08625-0402~ This request must include a completed copy of the Administrative Hearing Request Checklist. Hearing requests received after 30 days of publication notice shall be denied. The DEP Bulletin is available on the Department's website at www.state.nj.usldep. [See General Information section above for initial resource value appeal protocalJ Please contact Brett N. Kosowski of our staff at (609) 777-0454 should you have any questions regarding this letter.
Be sure to indicate the Division's file number in all communication.
Sincerely,
/f/~
Ryan J. Anderson, ActingSupervlsor Bureau of Coastal Reguiation c:
Municipal Clerk Municipal Construction,Official