5.7 ESTIMATED HABITATS OF RARE WILDLIFE
If a project is within estimated habitat, which is indicated on the most recent Estimated Habitat Map of
State-Listed Rare Wetlands Wildlife published by the Natural Heritage and Endangered Species
Program, a fully completed copy of the Notice of Intent for such project shall be sent to the Program via the U.S. Postal Service by express or priority mail (or otherwise sent in a manner that guarantees delivery within two days). Such copy shall be sent no later than the date of the filing of the Notice of Intent with the issuing authority. Proof of timely mailing or other delivery to the Program of the copy of such Notice of Intent shall be included in the Notice of Intent which is submitted to the Commission and sent to the DEP’s regional office.
Estimated Habitat Maps shall be based on the estimated geographical extent of the habitats of all
state-listed vertebrate and invertebrate animal species for which a reported occurrence within the last 25
years has been accepted by the Program and incorporated into its official data base.
If a proposed project is found by the Commission to alter a resource area which is part of the habitat of a state-listed species, such project shall not be permitted to have any short or long term adverse effects on the habitat of the local population of that species. A determination of whether or not a proposed project will have such an adverse effect shall be made by Commission based on the written opinion of the Program and/or private or third party consultants as to whether or not a proposed project will have such an adverse effect.
5.7.1 General Performance Standards
Work within areas identified as habitat for rare and endangered species shall not result in a measurable decrease in extant wildlife populations or biological community compositions, structure, and species richness of the site or in the vicinity exclusive of the present or future state of adjacent or nearby property or impair, damage, or reduce in value for wildlife purposes, identified specific habitat features. The Commission shall take into account indirect effects including but not limited to effects of nearby human activities on a case-by-case basis.
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