June 4, 2025, Planning Board Regular Meeting Transcript - WEHI

5 of 41 sheets Page 17 to 20 of 101 06/20/2025 06:55:03 AM 17 CHAIRMAN BAGOFF: And for the record, the1 Planning Board was not a signatory or participant in any2 settlement agreement. So we are going to consider the3 IH-1 zone only. So let us not talk anymore about the4 settlement agreement.5 MR. AFRAN: Well, with respect I must6 respectfully disagree. Because the settlement agreement7 binds the applicant to submitting to a site plan8 application and binds the applicant to submitting to the9 environmental appraisal. And so whether the Planning10 Board's a party to it or not, the applicant assumed11 those duties.12 CHAIRMAN BAGOFF: Mr. Plocker.13 MR. PLOCKER: I want to clarify, Mr. Afran,14 when you said, we submitted to an environmental15 appraisal, are you referring to any provision in the16 settlement agreement other than the one I just read?17 MR. AFRAN: No, but I think that's good18 enough. "In addition, WEHI shall submit all plans to19 DeFeo and Associates, the Township's environmental20 consultant, for review and comment." And following21 that, th Planning Board hired Mr. DeFeo under a contract22 to provide an environmental report and therefore23 anything responsive to environmental issues in harm is24 relevant and admissible in this hearing.25 18 MR. PLOCKER: And the ordinance explicitly1 exempts an applicant from the items required by an EIS.2 So why in any instance would Mr. DeFeo consider a review3 of those items and -- let me finish. And I'm just going4 to leave that to the Board and if that is the objectors5 position on the issue, I am fine with the record on6 that.7 MR. AFRAN: And the documents, I'll just8 essentially repeat again, we the agreed to submit to the9 environmental appraisal.10 CHAIRMAN BAGOFF: Okay.11 MR. AFRAN: Thank you.12 As always, I think Mr. Plocker and I13 appreciate the Board's tolerance in listening to U.S. go14 back and forth.15 CHAIRMAN BAGOFF: Nice colloquy.16 Go ahead, sir.17 MR. AFRAN: Mr. Gallagher, your credentials,18 I believe, have been accepted, you are now testifying as19 an expert. Would you prefer to use this microphone so20 you could be louder and hold it right up. I am told by21 Mr. Fagan that if I speak, because of the audience22 online, I will have to walk over and share the mic, but23 I'd rather Mr. Gallagher be heard by everyone and I will24 go over and do that when I have to.25 19 THE WITNESS: No

because of the audience22 online, I will have to walk over and share the mic, but23 I'd rather Mr. Gallagher be heard by everyone and I will24 go over and do that when I have to.25 19 THE WITNESS: No problem.1 So what I want to discuss today is one,2 where the wetland is and in general how the wetlands3 function on the West Essex Highlands site. And that4 ends up being important because it's the basis for5 understanding what the impacts are.6 We mentioned New Jersey before and this is7 New Jersey's definition of a freshwater wetland. An8 area that is inundated or saturated by surface water or9 groundwater frequency enough to support, under normal10 circumstances, vegetation adapted to life in saturated11 soil conditions.12 MR. AFRAN: Could I just ask Mr. Gallagher13 to hold the microphone close to his mouth. I can't hear14 you very well.15 The vegetation that is growing in wetlands,16 A. typically called hydrophytic vegetation. And one of the17 key elements to this is hydrology and there's three18 parameters that are required to define vegetation.19 Hydrophytic vegetation, soil and hydro soils, soils that20 are saturated long enough that they change their21 characteristics. As I said, hydrology is the key point.22 And to be a wetland the New Jersey manual, 1989 manual23 describes that soils have to be saturated within24 one-foot of the soil surface for as little as one week25 20 during the growing season. So those areas that are1 saturated for only one week, really if you look at a2 gradient of how wet an area is and upland doesn't have3 any of the wetland hydrology characteristics and then4 there is a wetland boundary and right at that line is th5 driest part of the wetland and that's where the6 definition sits. That might only be saturated for one7 week at the beginning of a growing season. It is8 because of that, that impacts the forested grounds can9 be pretty easily done and anything that modifies10 hydrology, either surface flows or groundwater flows,11 could impact the composition of a wetland, how the12 ground functions and one of the key purposes is wetland13 nutrient transformation. So when the nutrients go14 through a wetland they're absorbed and they're15 transformed into a different form that's less16 problematic than surface water and which is one of the17 main reasons to protect it.18 This is just a depiction of what I've been19 describing.

hey're15 transformed into a different form that's less16 problematic than surface water and which is one of the17 main reasons to protect it.18 This is just a depiction of what I've been19 describing. So this is the groundwater, this dash line,20 and this is in the spring where it's higher. And then21 as the growing season progresses the water table drops.22 And typically that happens in spring when the leaves on23 the trees come out. These now are subject to24 transpiration. So the trees literally pull the water25

06/20/2025 06:55:03 AM Page 21 to 24 of 101 6 of 41 sheets 21 out of the soil and the water table drops. The wettest1 time in the growing season right here. This represents2 that point. And then anything more upland of that3 wetland the water table is deeper than one-foot.4 Now, one of the other key elements on any site5 investigation is understanding of soils and this is a6 soil map taken from the U.S. Department of Agriculture7 Web Soil Survey. And I believe it's the same one the8 applicant used in their submission. And on this site9 there's three main soils. The ones with a B are Boonton10 soils, and there's a Haledon series, and a Hasbrouck11 series. There are three main soil types.12 The Boonton soils are well drained. The Haledon13 soils are somewhat poorly drained and the Hasbrouck14 soils are poorly drained. The Hasbrouck soils typically15 would occur associated with wetlands.16 This just at section of their site plan showing17 Basin 7. You can see this is Haledon soil. The area18 with BOGBC, that's Boonton soil. And this doesn't show19 any Hasbrouck.20 Here's a general description. These soils,21 Boonton soil is on the steeper slopes, well drained and22 what they call a fragipan at 29-50 inches and this23 information is taken out of the web soil survey. And24 that fragipan is a very dense impermeable layer of soil,25 22 actually very brittle and any water that's percolating1 or infiltrating through the surface soil tends to get2 hung up or sits on top of that fragipan and that's a3 very important part of the soil.4 The Haledon series somewhat poorly drains and the5 fragipan is a little shallower, 24-36 inches. So on6 this site the Boonton soils tend to be in the higher7 landscape position, the Haledon soils are more on the8 mid slopes towards the bottom and the last one, that9 Hasbrouck soil, that's another poorly drained soil or10 ones associated with the wetlands.11 So Hasbrouck soils are poorly drained and that12 fragipan is down near the slope. Again, that fragipan13 is a restrictive horizon that water tends not to move14 down through. Percs on top.15 Another description of Haledon soils. That depth16 of the water table is about 7-18 inches. And that is17 because the water is sitting above that restrictive or18 fragipan perch. And perched water is 12 inches off the19 surface in late winter and early spring. And I know I20 listened to Sean's

d that is17 because the water is sitting above that restrictive or18 fragipan perch. And perched water is 12 inches off the19 surface in late winter and early spring. And I know I20 listened to Sean's testimony he talked about mottling21 but another term which means the same is redoximorphic22 features that change the colors of the soil indicates23 seasonal high water table. And Haledon series it could24 be as high as 18 inches from the surface.25 23 Hasbrouck silt loam poorly draining water table1 is at the surface. Restrictive horizon, again, that2 fragipan is 6-34 inches.3 This is just a general depiction of what that4 fragipan means to the site. Just so happens that this5 site the soils had developed on a glacial hill.6 So how does this site functional in general.7 During a rainfall event water either runs off and8 percolates through the soil, but when it goes through9 the soil and reaches the fragipan that's where it percs10 and tends to move down slope and these fragipan's, as I11 showed you with the depth of the fragipan based on the12 different soil series, all go down towards the streams13 that drain the site. And this is what it shows. It14 comes down and right about this point is where the15 fragipan get's close enough to the surface that the16 waters is perched above it and dries that well17 hydrology. And ultimately it's discharged through the18 stream channel that tends to be somewhere in the middle19 of the low point of the ground.20 This is just a picture of the stream just as it21 leaves the site. One of the things that's important,22 streams tend to be rock lines. So that fragipan, that23 water moves along the fragipan and discharges to the24 stream which means the streams are considered to have25 24 intermittent flow, so it is likely that July and August1 these streams are probably dry, but the early spring and2 winter they're full.3 MR. AFRAN: I want to see if this mic is4 working Mr. Fagan gave me.5 It is. All right.6 THE WITNESS: Yes.7 MR. AFRAN: I wouldn't have interrupted if I8 needed to speak. Thank you.9 This is a plan in the applicant's plan set that10 A. shows where all the wetlands are. You can see the11 wetlands are in this pattern. The darker gray12 delineates the state open water or the headwater streams13 that drain them. And this might help show better.14 These are the main drainage areas on the site. If you15 look at the

rn. The darker gray12 delineates the state open water or the headwater streams13 that drain them. And this might help show better.14 These are the main drainage areas on the site. If you15 look at the topography you can see that it kind of16 creates a bowel on this side. Everything's forced to17 the wetlands, the stream in the western watershed.18 The eastern watershed of the site is a little19 different up here, you can see the way the contour wraps20 around the wetlands. The stream that creates that21 bowel, so all the water, either surface water or ground22 water, flows towards that wetland and the two streams.23 MR. AFRAN: For the record, you're depicting24 the western drainage area, the darker green and the25

7 of 41 sheets Page 25 to 28 of 101 06/20/2025 06:55:03 AM 25 eastern drainage area, the lighter green, is that1 correct?2 THE WITNESS: That's correct.3 So with the development what's happening, this4 A. blue indicates the current surface flow patterns towards5 the wetlands. Pretty much follows the topography high6 to low and the wetlands occupy the lower landscape7 position on the site. And this is a typical headwater8 wetland system where this is the beginning of Canoe9 Brook. Both streams are at the headwater of Canoe10 Brook. But with the development you see that that11 current pattern now is modified by man, it's designed to12 collect stormwater and be directed towards stormwater13 facilities or best management practices. This features14 stormwater basins, whatever it might be for treatment,15 and ultimately discharged. You can see these pink16 arrows are collecting and ultimately discharging well17 below the wetlands on the site. So it is modifying that18 flow path of surface flow to the wetlands. You could19 see in the western wetlands about 32 acres, it's reduced20 by nine acres, roughly 28 percent of the flow that goes21 there.22 And as I was saying before, these are forested23 wetlands that tend to be a dryer end of a wetland24 contiguum. So the reduction in surface water flow has25 26 an impact.1 The eastern wetlands are similar. 48.4 acres,2 it's going to be reduced by 16 acres. So 33 percent of3 the existing drainage area.4 Just another depiction of the post development5 drainage area. You could see where the drainage area6 will be reduced, the same with the eastern drainage7 area.8 In addition to surface flow paths, the9 groundwater flow paths are also indicated. And10 generally, as I was saying, that groundwater hydrology11 is moving over those restrictive horizons, in this case12 the fragipan, and it's moving down slope towards the13 wetland towards the stream. And at a minimum it's being14 daylighted or it's discharging to the surface at or near15 the stream.16 And here's an example of one of the impacts. So17 this is the wetland, this is Basin 7, one of the18 infiltration basins. So the basin's bottom is proposed19 at 532. The wetland elevation is 540. So the20 infiltration basin is eight feet lower than the adjacent21 wetland. And one of the key issues here is that22 groundwater flows towards the wetland. With this part23 of their

elevation is 540. So the20 infiltration basin is eight feet lower than the adjacent21 wetland. And one of the key issues here is that22 groundwater flows towards the wetland. With this part23 of their development it's changing the hydraulic24 gradient from the water going to the wetland to the25 27 water in the wetland draining towards the basin. And1 there's two things here that are important. One, and we2 said it before when Sean Walsh testified, somehow their3 testimony missed the fragipan. Missed the restrictive4 horizon. But this is an issue defined and well looked5 at here.6 Here's the same basin.7 And the groundwater elevation, they have the8 estimated seasonal high elevation at 519. Well, go9 back, their's 540, wetland elevation 536, it's like 1510 feet lower than the wetlands. One of the things to11 remember in those sites is that wetland hydrology should12 make sense. That groundwater flow path that follows the13 contours, follows the topography towards the wetlands,14 it's just a natural way that these wetlands function.15 To find a seasonal high water table below the elevation16 of a wetland, and not by feet by more than ten feet,17 makes no sense. That water here from that seasonal high18 water table is not flowing uphill. So this basin does19 two things, one, it makes no sense. Partly because it20 is lower than the wetland for a seasonal high water21 table.22 But two, the designer would have to take into23 account the water from the wetland and the stream are24 now being redirected towards the wetland. That's an25 28 additional amount of water in the basin that impacts1 function.2 Again, you can see this is the high water table3 here, 528. 522. 519.4 Now, whose seasonal high measures are those?5 Q. These are the applicant's soil investigation.6 A. Thank you.7 Q. And these are just from the applicant's plan.8 A. The red is what I added to make it easier for you and9 the audience to see.10 Same basin, this is Basin 7. Again, here's the11 wetland, 534. This stormwater basin estimate seasonal12 high is 519. It's only 50 feet away and it should be up13 slope. The water should be flowing towards the wetland14 and in this case it is indicating that the seasonal high15 water table is 15 feet lower than the wetland. Once16 again, it just doesn't make sense.17 Basin 7, same idea. Basin bottom, 544. Wetland,18 546. Here is 548. 550 contour. Basin bottom,

easonal high15 water table is 15 feet lower than the wetland. Once16 again, it just doesn't make sense.17 Basin 7, same idea. Basin bottom, 544. Wetland,18 546. Here is 548. 550 contour. Basin bottom, once19 again, is below the elevation of the wetland.20 And the test pits show a seasonal high water21 table of anywhere from 537 to 542. And we'll go back,22 sorry, and look at the wetland elevation. 546. 544.23 So, again, the natural path of water in the groundwater24 should be towards the wetland. It should be a gradient25

06/20/2025 06:55:03 AM Page 29 to 32 of 101 8 of 41 sheets 29 from high and discharging at the low point in the1 landscape by the wetland. To have a seasonal high water2 table below the elevation of the wetland, again, makes3 no sense.4 That was it. Thank you.5 CHAIRMAN BAGOFF: I have a question.6 I have some follow up questions for the witness.7 Q. CHAIRMAN BAGOFF: Go right ahead, sorry.8 So let me be clear, when you are reciting the9 Q. wetland figures -- I'm sorry, the high water table10 figures, you're citing the applicant's calculations?11 Yeah, all the estimated seasonal high water12 A. tables are from the applicant's soil survey or soil13 investigation.14 Now, Mr. Walsh testified that he thought their15 Q. elevations were incorrect because the actual water16 tables higher based on what the mottling showed. Is17 this similar in direction to what he was saying?18 Yes, it is.19 A. Okay.20 Q. So you're making, you're illustrating now by21 comparing these measured points from the applicant with22 the situation with the actual wetlands elevation, high23 water table?24 Correct.25 A. 30 Thank you.1 Q. Now, if you would be kind enough to turn to slide2 -- they're not numbered. With the arrows. The blue and3 violet arrows. That's it. Thank you.4 I want to be clear that this is understood, the5 blue arrows represent the current movement of water6 across the site as conditions presently are, is that7 correct?8 That's correct.9 A. And your inclusion of the pink arrows show10 Q. movement after the development is constructed, is that11 correct?12 That's correct.13 A. Okay.14 Q. Now, when you say that -- well, if you look at15 the lower left-hand corner -- well, strike that.16 If you look in the middle at the top you see blue17 arrows moving to the right. Essentially perpendicular.18 Do you see that? No, on the other side. No, on the19 other side. That's it. Yes. On the right side -- left20 side, excuse me, my apologies. On the upper right side21 there's four arrows in blue. Now, those are directed to22 the wetlands in the gray mottling, is that correct?23 Correct.24 A. Mottling I mean the gray speckles on the map.25 Q. 31 Now, that water after construction will go where1 on your chart?2 Well, some of it, anything outside of the3 A. development footprint will continue toward the wetland.4 But anything below the ridge line that would normally or5 currently flow toward