No approval for resource extraction shall be issued for a period exceeding two years.
All applications for "resource extraction" approval shall include, in addition to the submission requirements for minor site plans in § 803.B of this ordinance, the following information:
a. A topographic map at a scale of one inch equals 200 feet, showing the proposed dimensions, location and operations on the subject property.
b. A United States Geological Survey quadrangle map showing the dimensions of the property and an area of at least 1,000 square feet beyond such boundary in all directions.
c. The location, size and intended use of all buildings.
d. The location of all points of ingress and egress.
e. A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing all streams, wetlands and significant vegetation, forest associations and wildlife habitats.
f. The location of all existing and proposed streets and rights-of-way, including railroad rights-of-way.
g. A soils map.
h. A reclamation plan which includes:
(1) Method of stockpiling topsoil and overburden.
(2) Proposed grading and final elevations.
(3) Topsoil material application and preparation.
(4) Type, quantity and age of vegetation to be used.
(5) Fertilizer application, including method and rates.
(6) Planting method and schedules.
(7) Maintenance requirements schedule.
i. A signed acknowledgment from both the owner and the applicant that they are responsible for any resource extraction activities which are contrary to any provision of this ordinance or to the approved resource extraction plan done by any agent, employee, contractor, subcontractor or other person authorized to be on the parcel by either the owner or the applicant.
j. A financial surety, guaranteeing performance of the requirements of Subsections N.4 and N.5 hereinbelow in the form of a letter of credit, certified check, surety bond or other recognized form of financial surety acceptable to the Pinelands Commission. The financial surety shall be equal to the cost of restoration of the area to be excavated during the two year duration of any approval which is granted. The financial surety, which shall name the Commission and the Township as obligee, shall be posted by the property owner or his/her agent with the Township.
k. A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the Interim Rules and Regulations.
l. When prior approval for the development has been granted by an approving authority, evidence of the Pinelands Commission review shall be provided.
Resource extraction operations shall be approved only if the applicant can demonstrate that the proposed resource extraction operation:
a. Is designed so that no area of excavation, sedimentation pond, storage area, equipment or machinery or other structure or facility is closer than:
(1) Two hundred feet to any property line.
(2) Five hundred feet to any residential or nonresource extraction related commercial use which is in existence on the date the permit is issued.
b. Is to be located on a parcel of land at least 20 acres.
c. Provides that all topsoil that is necessary for restoration will be stored on the site and will be protected from wind or water erosion.
d. Is fenced or blocked so as to prevent unauthorized entry into the resource extraction operation through access roads.
e. Provides ingress and egress to the resource extraction operation from public roads by way of gravel or porous paved roadways.
f. Is designed so that surface runoff will be maintained on the parcel in a manner that will provide for on-site recharge to groundwater.
g. Will not involve excavation below the seasonal high water table, unless the excavation will serve as a recreational or wildlife resource or a water reservoir for public, agricultural or industrial uses or for any other use authorized in the area in which the site is located, provided that in no case shall excavation have a depth exceeding 65 feet below the natural surface of the ground existing prior to excavation unless it can be demonstrated that a depth greater than 65 feet will result in no significant adverse impact relative to the proposed final use or on off-site areas.
h. Will be carried out in accordance with an extraction schedule which depicts the anticipated sequence, as well as the anticipated length of time, that each of the 20 acre units of the parcel proposed for extraction will be worked. This shall not preclude more than one 20 acre unit from being worked at any one time, provided that there is a demonstrated need for additional units, restoration is proceeding on previously mined units and the area of clearing does not exceed that specified in subsection j below.
i. Will involve restoration of disturbed areas at the completion of the resource extraction operation in accordance with the requirements of Subsection 5 hereinbelow, and the implementation of the restoration plan is secured by a letter of credit, surety bond or other guaranty of performance.
j. Will not involve clearing adjacent to ponds in excess of 20 acres or an area necessary to complete scheduled operations; or will not involve unreclaimed clearing exceeding 100 acres or 50% of the area to be mined, whichever is less, for surface excavation at any time.
k. Will not result in a substantial adverse impact upon those significant resources depicted on the Special Areas Map appearing as Figure 7.1 in the Pinelands Comprehensive Management Plan.
All parcels of land which are used for resource extraction operations shall be restored as follows:
a. Restoration shall be a continuous process, and each portion of the parcel shall be restored such that ground cover be established within two years and tree cover established within three years after resource extraction is completed for that portion of the site mined.
b. Restoration shall proceed in the same sequence and time frame set out in the extraction schedule required in Subsection h hereinabove.
c. All restored areas shall be graded so as to conform to the natural contours of the parcel to the maximum extent practical; grading techniques that help to control erosion and faster revegetation shall be utilized; the slope of surface of restored surfaces shall not exceed one-foot vertical to three feet horizontal except as provided for in Subsection f hereinbelow.
d. Topsoil shall be restored in approximately the same quality and quantity as existed at the time the resource extraction operation was initiated. All topsoil removed shall be stockpiled and used for the next area to be restored, unless it is immediately reused for reclamation that is currently underway.
e. Drainage flows, including direction and volume, shall be restored to the maximum extent practical to those flows existing at the time the resource extraction operation was initiated.
f. Any body of water created by the resource extraction operation shall have a shoreline not less than three feet above and three feet below the projected average water table elevation. The shoreline both above and below the surface water elevation shall have a slope of not less than five feet horizontal to one-foot vertical. This requirement shall apply to any water body or portion of a water body created after December 5, 1994. For any water body or portion of a water body created prior to December 5, 1994, this requirement shall apply to the extent that it does not require grading of areas which have not been disturbed by mining activities. Where grading would require such disturbance, a reduction in the distance of the graded shoreline above and below the average water table elevation shall be permitted;
g. All equipment, machinery and structures, except for structures that are usable for recreational purposes or any other use authorized in the area, shall be removed within six months after the resource extraction operation is terminated and restoration is completed.
h. Reclamation shall to the maximum extent practical result in the reestablishment of the vegetation association which existed prior to the extraction activity and shall include:
(1) Stabilization of exposed areas by establishing ground cover vegetation; and
(2) Re-establishment of the composition of the natural forest and shrub types that existed prior to the extraction activity through one of the following:
(a) The planting of a minimum of 1,000 one-year old pitch pine seedlings or other native Pinelands tree species per acre in a random pattern;
(b) Cluster planting of characteristic Pinelands oak species, such as blackjack oak, bear oak, chestnut oak and black oak, and shrubs such as black huckleberry, sheep laurel and mountain laurel, at a spacing sufficient to ensure establishment of these species;
(c) A combination of the planting techniques set forth in (a) and (b) above; or
(d) The use of other planting techniques or native Pinelands specifies as may be necessary to restore the vegetation association which existed prior to the extraction activity.
i. Slopes beyond a water body's shoreline shall be permitted at the natural angle of repose to the bottom of the pond.
j. The letter of credit, surety bond or other guaranty of performance which secures restoration of each section shall be released after the Township has determined that the requirements of Subsections 5.a through 5.i hereinabove are being met and the guaranty of performance is replaced with a maintenance guaranty for a period of two years thereafter.
See
Documents and Forms for more information.