7:7A-15.17 Requirements that apply after the Departmentapproves credit purchase or uplands preservation
(a) After the Department determines under N.J.A.C. 7:7A-15.5
or 15.6 that mitigation through credit purchase or uplands preservation is the appropriate mitigation alternative, the mitigator shall prepare and execute all documents necessary to ensure that the mitigation will be carried out as approved by the Department.
(b) The Department shall declare mitigation through credit purchase or uplands preservation successful upon:
1. A demonstration that the completed mitigation satisfies all applicable permit conditions, requirements of this subchapter, and requirements of the approved mitigation proposal; and
2. Submittal to the Department of documents demonstrating that the credit purchase or uplands preservation has occurred as required. Examples of such documents include, but are not limited to:
i. For credit purchase, written certifications from the mitigator and from the mitigation bank operator, stating that the credits were purchased; and
ii. For uplands preservation, a conservation restriction or easement, documentation that the property has been transferred and a maintenance fund established in accordance with (c) below, and that the transfer and restriction have been recorded with the county or other appropriate agency.
(c) No later than 60 days after the Department declares mitigation through uplands preservation successful under (b) above, a mitigator shall:
1. Transfer the mitigation area in fee simple to a government agency or a charitable conservancy, as defined at N.J.A.C. 7:7A-1.4. The agency or conservancy shall first be determined suitable for this responsibility by the Department, and shall agree to preserve the mitigation area as a natural area in perpetuity; and
2. Provide the government agency or charitable conservancy with a maintenance fund for maintenance and supervision of the mitigation area. The amount of the maintenance fund shall be determined by agreement between the mitigator and the agency or conservancy.
Amended by R. 2008 d. 291, effective October 6, 2008. See: 39 N.J.R. 3587(a), 40 N.J.R. 5581(a). In (b)2ii, inserted "or easement".