Document Text
--- Document: LOI Verification Document ---
February 29, 2024
Lisa Tilton, Administrator
Buena Vista Township
890 Harding Highway
Buena, NJ 08310
RE:
Freshwater Wetlands Letter of Interpretation: Line Verification
File No.: 0105-05-0001.2 - Activity Number: FWW220001
Applicant: Buena Vista Township
Block: 5501; Lot: 21
Buena Vista Township, Atlantic County
Watershed: Panther Branch
Sub watershed: Panther Branch (Menantico)
Dear Ms. Tilton,
This letter is in response to your request for a Letter of Interpretation to have Division of Land
Resource Protection (Division) staff verify the boundary of the freshwater wetlands and/or State open
waters on the referenced property.
In accordance with agreements between the State of New Jersey Department of Environmental
Protection (NJDEP), the U.S. Army Corps of Engineers (USACOE) Philadelphia and New York Districts,
and the U.S. Environmental Protection Agency (USEPA), the NJDEP is the lead agency for establishing
the extent of State and Federally regulated wetlands and waters. The USEPA and/or USACOE retain the
right to reevaluate and modify the jurisdictional determination at any time should the information prove to
be incomplete or inaccurate.
Based upon the information submitted, and upon a site inspection conducted by Division staff on
September 15, 2023, the Division has determined that the wetlands boundary line(s) as shown on the plan
map entitled: “WETLANDS PLAN, SURVEY OF PROPERTY FOR TOWNSHIP OF BUENA
VISTA, LINCOLN AVENUE, BLOCK 5501, LOT 21, TOWNSHIP OF BUENA VISTA,
ATLANTIC COUNTY, NEW JERSEY”, consisting of one (1) sheet, dated 10-06-22, last revised 1-2-
24, and prepared by Schaeffer, Nassar, Scheidegg Consulting Engineers, LLC, is accurate as shown.
The freshwater wetlands 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 file number and the following note:
“Freshwater Wetlands Boundary Line as verified by NJDEP”.
New Jersey is an Equal Opportunity Employer l Printed on Recycled Paper and Recyclable
PHILIP D. MURPHY DEPARTMENT OF ENVIRONMENTAL PROTECTION SHAWN M. LATOURETTE
Governor Commissioner
TAHESHA L. WAY
Lt. Governor
New Jersey is an Equal Opportunity Employer l Printed on Recycled Paper and Recyclable
Watershed and Land Management Program
Mail Code 501-02A
P.O. Box 420
Trenton, New Jersey 08625-0420
www.nj.gov/dep/landuse
NJDEP DLRP PI #: 0105-05-0001.2-FWW220001
P. 2
Wetlands Resource Value Classification (“RVC”)
In addition, the Division has determined that the resource value and the standard transition area or
buffer required adjacent to the delineated wetlands are as follows:
Ordinary: WL-A14 thru WL-A20 and WL-B16 thru WL-A20 [No wetland buffer].
Intermediate: All remaining freshwater wetlands delineation points and line segments shown on the
approved plans referenced within this verification [50-ft. wetland buffer].
All Tributary wetlands of the Maurice River system are considered EPA Priority Wetlands. Please
see the EPA Priority Wetlands for New Jersey publication dated March 1994 for details and limits on
jurisdiction.
RVC may affect requirements for wetland and/or transition area permitting. This classification may
affect the requirements for an Individual Wetlands Permit (see N.J.A.C. 7:7A-9 and 10), the types of
Statewide General Permits available for the property (see N.J.A.C. 7:7A-5 and 7) and any modification
available through a transition area waiver (see N.J.A.C. 7:7A-8). Please refer to the Freshwater Wetlands
Protection Act (N.J.S.A. 13:9B-1 et seq.) and implementing rules for additional information.
Wetlands resource value classification is based on the best information available to the Division.
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.
General Information
Pursuant to the Freshwater Wetlands Protection Act Rules, you are entitled to rely upon this
jurisdictional determination for a period of five years from the date of this letter unless it is determined
that the letter is based on inaccurate or incomplete information. Should additional information be
disclosed or discovered, the Division reserves the right to void the original letter of interpretation and
issue a revised letter of interpretation.
Regulated activities proposed within a wetland, wetland transition area or water area, as defined
by N.J.A.C. 7:7A-2.2 and 2.3 of the Freshwater Wetlands Protection Act rules, require a permit from this
office unless specifically exempted at N.J.A.C. 7:7A-2.4. The approved plan and supporting
jurisdictional limit information are now part of the Division's public records.
Please be advised, any surface water features onsite (or adjacent to the site) may possess flood
hazard areas and/or riparian zones. Development within these areas may be subject to the Flood Hazard
Area Control Act rules at N.J.A.C. 7:13. The Division can verify the extent of flood hazard areas and/or
riparian zones through a flood hazard area verification under the application procedures set forth at
N.J.A.C. 7:13-5.1.
This letter in no way legalizes any fill which may have been placed, or other regulated activities
which may have occurred on-site. This determination 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 unless
specifically called out in this letter as such. Furthermore, obtaining this determination does not affect
your responsibility to obtain any local, State, or Federal permits which may be required.
Recording
NJDEP DLRP PI #: 0105-05-0001.2 - FWW220001
P. 3
Within 90 calendar days of the date of this letter, the applicant shall submit the following
information to the clerk of each county in which the site is located, and shall send proof to the Division
that this information is recorded on the deed of each lot referenced in the letter of interpretation:
1.
The Department file number for the letter of interpretation.
2.
The approval and expiration date of the letter of interpretation.
3.
A metes and bounds description of the wetland boundary approved under the letter of interpretation;
4.
The width and location of any transition area approved under the letter of interpretation; and
5.
The following statement: “The State of New Jersey has determined that all or a portion of this lot lies
in a freshwater wetland and/or transition area. Certain activities in wetlands and transition areas are
regulated by the New Jersey Department of Environmental Protection and some activities may be
prohibited on this site or may first require a freshwater wetland permit. Contact the Division of Land
Resource Protection at (609) 777-0454 or http://www.nj.gov/dep/landuse for more information prior
to any construction onsite.”
Failure to have this information recorded in the deed of each lot and/or to submit proof of recording
to the Division constitutes a violation of the Freshwater Wetlands Protection Act rules and may result in
suspension or termination of the letter of interpretation and/or subject the applicant to enforcement action
pursuant to N.J.A.C. 7:7A-22.
Appeal Process
In accordance with N.J.A.C. 7:7A-21, 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 Administrative Hearings and Dispute
Resolution. ATTENTION: Adjudicatory Hearing Requests 401 E. State Street Mail Code 401-07A P.O.
Box 420 Trenton, NJ 08625-0420
This request must include a completed copy of the Administrative Hearing Request Checklist
found at www.state.nj.us/dep/landuse/forms. Hearing requests received after 30 days of publication
notice may be denied. The DEP Bulletin is available on the Department’s website at
www.state.nj.us/dep/bulletin. In addition to your hearing request, you may file a request with the Office
of Dispute Resolution to engage in alternative dispute resolution. Please see the website
www.nj.gov/dep/odr for more information on this process.
Please contact Brett Kosowski of our staff by e-mail at Brett.Kosowski@dep.nj.gov or by phone
at (609) 777-0454 should you have any questions regarding this letter. Be sure to indicate the
Department's file number in all communication.
Sincerely,
Christopher Squazzo, Environmental Specialist IV
Division of Land Resource Protection
e-copy: Municipal Clerk
Municipal Construction Official
Agent: Steve Whitford, steve08330@yahoo.com
Christopher Squazzo
2024.02.29 16:21:19
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