2023 06 West Orange EIS

nue. The majority of the site is located in the Lower Passaic and Saddle Watershed Management Area (WMA 4), within the Peckman River (above CG Res trib) subwatershed (04BA01), and Passaic River Lower (saddle to Pompton) watershed, which has a cumulative drainage Environmental Impact Statement 3 June 2023 DEC #1021-99-025

of 5.03 square miles. The southern portion of the site is located in the Arthur Kill Watershed Management Area (WMA 7), within the Rahway River WB subwatershed (07DA01) and Rahway River/Woodbridge Creek watershed, which has a cumulative drainage of 8.52 square miles. According to the NJDEP GeoWeb, Crystal Lake is the nearest waterbody, approximately 1,000 feet southeast of the site. The waterway is classified as FW2-NT. “FW2” is a general surface water classification applied to those freshwaters that are not FW1 or pineland waters. According to the Surface Water Quality Standards (N.J.A.C. 7:9B), “NT” or “Nontrout waters” means fresh waters that have not been designated in N.J.A.C. 7:9B-1.15 as trout production or trout maintenance. These waters are generally not suitable for trout because of their physical, chemical or biological characteristics, but are suitable for a wide variety of other fish species. Per FEMA FIRM Map Number 34013C0092F, effective date June 4, 2007, the site is not located within a Flood Hazard Area. G. Freshwater Wetlands Per NJDEP GeoWeb, the site does not contain freshwater wetlands. The closest wetlands are deciduous wooded wetlands located approximately 1,200 feet south of the site. H. Water Supply Water service is provided to the area by New Jersey American Water. There is an existing water main located adjacent to the property along Eagle Rock Avenue. I. Sanitary Sewer Service Sanitary sewer collection service is provided by the Township of West Orange with wastewater treatment provided by the Joint Meeting of Essex and Union Counties (JMEUC). The JMEUC operates under NJPDES Permit No. NJ0024741 and is permitted for flows up to 85.0 million gallons per day (MGD). An eight (8) inch sanitary sewer main exists adjacent to the property along Eagle Rock Avenue. J. Air Quality The following was taken from the 2021 New Jersey Air Quality Report: “this report presents the New Jersey Department of Environmental Protection (NJDEP) air quality data for 2021, collected from NJDEP’s extensive air monitoring network. The state of New Jersey has been Environmental Impact Statement 4 June 2023 DEC #1021-99-025

monitoring air quality since 1965. During that time, as a result of state, regional and national air pollution reduction efforts, pollution levels have improved significantly. This report includes detailed chapters for ozone, particulate matter, sulfur dioxide, nitrogen dioxide, carbon monoxide and lead. These are the criteria pollutants, that is, those for which National Ambient Air Quality Standards (NAAQS), or criteria, have been set. Other measurements made at our air monitoring stations and discussed in this report include air toxics, ozone precursors, and chemical components of airborne fine particles. The Air Quality Index (AQI) is a national air quality rating system based on the National Ambient Air Quality Standards (NAAQS). An index value of 100 is equal to the primary, or health-based, NAAQS for each pollutant. This allows for a comparison of each of the pollutants used in the AQI. These pollutants are ozone, particulate matter, carbon monoxide, sulfur dioxide, and nitrogen dioxide. Although air concentrations of pollutants have been dropping over the past few years, the U.S. Environmental Protection Agency (USEPA) periodically reviews the NAAQS to make sure that they are protective of public health, and adjusts them accordingly in response to new research.” Environmental Impact Statement 5 June 2023 DEC #1021-99-025

The nearest monitoring location is in Paterson, NJ and this monitoring station includes ozone and particle matter. The 2022 report is provided below: Environmental Impact Statement 6 June 2023 DEC #1021-99-025

K. Noise The project site is located in a suburban residential atmosphere. Ambient noise conditions onsite are mostly associated with the traffic along Eagle Rock Avenue. The property is currently vacant and therefore does not generate any noise. Per the NJDEP Compliance and Enforcement website: “the NJDEP promulgated noise regulations to control noise from stationary commercial and industrial sources in 1974, pursuant to the Noise Control Act of 1971, N.J.S.A. 13:1G-1 et seq. Within the noise regulations, there are established sound level standards of 50 decibels during nighttime (10:00 p.m. to 7:00 a.m.) and 65 decibels during daytime.” The local noise regulation is set forth in Chapter 4 of the Code of the Township of West Orange. Section 4-4 (Noise) provides language that subjectively prohibits “excessively loud and disturbing noise which injures or endangers the health, comfort or safety of others within the limits of the township,” and does not provide any quantitative sound level limits. L. Cultural/Historical Resources Per NJDEP GeoWeb Mapping, there are no mapped historic districts nor historic properties associated with the site or at adjacent properties. The site is also not located within an archaeological site grid. The NJDEP NJ-GeoWeb Map Viewer data layers entitled “NJDEP Historic Properties of New Jersey”, “NJDEP Historic Districts of New Jersey” and “NJDEP Archaeological Site Grid of New Jersey” were reviewed. The Historic Properties, Historic Districts and Archaeological Site Grid data layers display historic properties and archaeological grids that are either included in the New Jersey or National Registers of Historic Places, have been determined eligible for inclusion through federal or state processes as administered by the Environmental Impact Statement 7 June 2023 DEC #1021-99-025

New Jersey Historic Preservation Office (HPO), or have been identified through cultural resource survey or other documentation on file at the HPO. There are no historic properties, historic districts or archaeological grid sites mapped on or within the vicinity of the site. M. Land Use The site is located at 470 Eagle Rock Avenue (CR 611) and is identified as Block 153, Lot 38 on the Township of West Orange Tax Map Sheet No. 84. The site is currently is occupied by a vacant 1-story building which was previously used as a restaurant. The site is located in the B-2 (General Business) Zone where restaurants are a permitted use with fast food restaurants being a permitted conditional use. The B-2 Zone permitted principal uses include: • Retail stores • Personal service stores or studios • Offices or office buildings • Businesses or vocational schools • Restaurants • Bars • Massage, bodywork, or somatic therapy establishments • Fitness centers/health clubs The B-2 Zone extends to the north, east and southwest of the property. The R-6 Residential Zone borders the property to the west along Rosney Terrace. 4. Potential Impacts and Environmental Performance Controls and Mitigation This section describes the potential impacts of the proposed development and the environmental performance controls and mitigation measures that will be utilized to minimize or eliminate potentially adverse environmental impacts. These controls and mitigation measures will be planned and implemented during construction and operated subsequent to completion of the proposed project. Environmental Impact Statement 8 June 2023 DEC #1021-99-025

A. Vegetation There will be an unavoidable impact regarding the removal of existing vegetation in order to construct the proposed development. Areas within the development footprint of the site will be cleared for construction. Existing vegetation cannot be preserved in the development area due to the proposed buildings and changes in grading. There will be controls implemented to mitigate disturbance to vegetation outside the development footprint. The limits of disturbance will be field located and construction activities will be limited accordingly. Areas beyond the established limits of disturbance will be preserved in their existing condition. Where appropriate, silt fence and tree protection fence will be utilized to establish the limit of construction and/or to protect vegetation that is to remain. As a mitigation to offset the loss of vegetation, landscaping will be incorporated into the development. The landscaping is designed to generally comply with the Township of West Orange Ordinance requirements, complement the proposed buildings, roadways and other hardscape improvements, to provide aesthetic appeal to the development and to provide shade, screening and buffering of proposed improvements and to/from adjacent properties. B. Wildlife There are no known wildlife habitats within the site or at adjacent properties. Therefore, it is not anticipated that the proposed project will adversely affect any wildlife. C. Soil There is a temporary impact to existing on-site soil. On-site soil will be regraded as part of the development. However, the proposed development has been designed in accordance with the New Jersey Standards for Soil Erosion and Sediment Control in order to mitigate any impacts of soil erosion and sedimentation resulting from construction and the completed development. The first set of controls that will be implemented prior to and during construction will include the following: • Stabilized construction entrance (stone anti-tracking pad) at construction entrance; • Haybale sediment filters; • Silt fencing along limit of disturbance; Environmental Impact Statement 9 June 2023 DEC #1021-99-025

• Tree protection fence where appropriate along limit of disturbance; • Stabilizing soil stockpiles with temporary vegetative cover; • Minimizing disturbance to vegetation; • Inlet filters; • Storm inlet filter bags; and • Conduit outlet protection. The second set of controls that will be utilized is construction timing. • Install stone anti-tracking pad, tree protection and silt fencing; • Clear and rough grade; • Excavate, construct and stabilize the detention basin, underground piping and drainage structures; • Excavate for building foundations; • Complete building construction; • Excavate and install remaining on-site improvements; • Final grading; and • Install paving, concrete and landscaping. Upon completion, most of these devices will be removed with the exception of those that will become part of the permanent system. The final controls will include the completed stormwater management system and the permanent landscaping. D. Degradation of Groundwater Quality There is no predicted impact to groundwater quality. The major impacts to groundwater quality from the development are typically untreated stormwater recharge and subsurface sewage disposal systems. The proposed development is designed to meet the water quality requirements for stormwater design under NJAC 7:8 and does not propose any subsurface sewage disposal system. All sanitary effluent will be serviced by public sanitary sewer mains and public wastewater treatment facilities. E. Flooding There is no predicted impact associated with flooding. Stormwater runoff resulting from the proposed improvements has been designed to maintain existing drainage patterns. Six (6) additional inlets are proposed within the site to assist in collecting stormwater runoff from impervious areas, which are routed via 12” reinforced concrete pipes to the existing inlet Environmental Impact Statement 10 June 2023 DEC #1021-99-025

within Rosney Terrace. Due to the reduction in impervious coverage, the volume and peak discharge runoff rates for the 2-, 10- & 100-year design storms have been reduced. As such, there shall be no adverse impacts to the properties located upstream and downstream of the site. Based upon the fact that the proposed improvements will result in more than one (1) acre of land disturbance, this project is classified as a “major development” and is subject to compliance with the Stormwater Regulations set forth in NJAC 7:8. The proposed development has been designed to meet the water quantity and groundwater recharge requirements set forth by the Township of West Orange Land Development Ordinance and NJAC 7:8. F. Degradation of Surface Water Quality There is no predicted impact to surface water quality. The proposed development results in a decrease in motor vehicle surface and therefore provides for an increase in surface water quality complying with the water quality standards set forth in NJAC 7:8. G. Degradation of Freshwater Wetlands The proposed development does not impact freshwater wetlands or wetlands transition areas, therefore there will be no degradation to freshwater wetlands or transition areas on- site. H. Water Supply There is no predicted impact to water supply. The water service for the proposed development will be provided by one (1) proposed 1-1/2” water main for each proposed building which will each connect to the existing water main along Eagle Rock Avenue. The estimated domestic water demand for the two uses is approximately 1,260 GPD. I. Sewage Disposal There is no predicted impact to sewage disposal. Sanitary sewer service will be provided to the site via a 4” sanitary sewer lateral for each proposed building. The laterals will each discharge to the existing sanitary sewer main located within Eagle Rock Avenue via saddle connection. The estimated sanitary sewer demand for the two uses is approximately 630 GPD. Environmental Impact Statement 11 June 2023 DEC #1021-99-025

J. Degradation of Air Quality There will be a short-term impact associated with air quality during construction of the site and a negligible overall impact associated with the development. There may be temporary airborne dust particulates associated with construction activities, but these will dissipate with the daily construction schedule. Additionally, soil erosion and sediment control measures will be employed to mitigate the potential for airborne air quality impacts. The impact of the development on air quality would be limited to vehicular exhaust. This is typical of all passenger, construction, delivery vehicles and elevated levels will dissipate as traffic disperses off-site. K. Odor The project proposes one (1) 1,500-gallon grease trap for each of the proposed buildings. The grease traps will be located underground within the drive-thru lanes adjacent to the buildings and are designed not to omit odor. The grease traps will each be cleaned four (4) times per year during non-operating hours of the drive-thru lanes. The grease traps will be located in the center of the property, surrounded by the buildings, proposed trees and dense vegetation to screen any odor emitted during cleanings which is temporary and in an open air setting. The project proposes two (2) trash enclosures located along the southern property boundary. Trash will be stored in six cubic yard dumpsters with lids and screened by a 6’ masonry wall. Additional landscaping is proposed screening the enclosures to filter any potential odors from the enclosures. Trash pickup will occur three (3) times a week, with additional pickups to be scheduled as needed to eliminate stagnant waste. Exhaust filters are installed on the ventilation equipment on the roof of the buildings to catch grease prior to exiting the building. The exhaust filters are cleaned and maintained on a regular schedule to remove the accumulation of grease and therefore odors from exiting the restaurants. L. Noise Lewis S. Goodfriend & Associates (LSG&A) completed an evaluation of the expected outdoor sound pressure levels due to the mechanical equipment and drive-thru intercom loudspeakers for the proposed project and the results of the evaluation indicate that the sound levels due to the mechanical equipment