NJDEP FWW GP FHA IP 11 15 24

Approval Date November 15, 2024 In accordance with the laws and regulations of the State of New Jersey, the Department of Environmental Protection hereby grants this permit to perform the activities described below. This permit is revocable with due cause and is subject to the terms, conditions, and limitations listed below and on the attached pages. For the purpose of this document, “permit” means “approval, certification, registration, authorization, waiver, etc.” Violation of any term, condition, or limitation of this permit is a violation of the implementing rules and may subject the permittee to enforcement action. Expiration Date November 14, 2029 Permit Number: 0722-04-0001.1 LUP230001 Type of Approvals: FHA-IP Individual Permit FWW-GP10B Minor Road Crossings FWW-GP11 Outfalls/Intake Structures FWW-GP17 Trails/Boardwalks Water Quality Certificate Governing Rules: N.J.A.C. 7:13-1.1(b) N.J.A.C. 7:7A-1.1(a) Permittee: Mark Hoffman West Essex Highlands Inc. 820 Morris Turnpike Short Hills, NJ 07078 Site Location: Blocks & Lots: [179; 32] [179.17; 8 and 9] Municipality: West Orange Township County: Essex Description of Authorized Activities: This document authorizes the construction of seven buildings, roadways/parking areas, stormwater management measures, and other site alterations associated with a new multi residential development on the parcels referenced above. This authorization to conduct activities in wetlands and/or waters includes the issuance of a Water Quality Certificate. The Department has determined that the herein approved activities meet the requirements of the (FHACA) rules. This approval does not obviate the local Floodplain Administrator's responsibility to ensure all development occurring within their community's Special Flood Hazard Area is compliant with the local Flood Damage Prevention Ordinance, and minimum NFIP standards, regardless of any state-issued permits. FEMA requires communities to review and permit all proposed construction or other development within their SFHA in order to participate in the NFIP. Prepared by: Danielle L Jones If the permittee undertakes any regulated activity, project, or development authorized under this permit, such action shall constitute the permittee’s acceptance of the permit in its entirety as well as the permittee’s agreement to abide by the requirements of the permit and all conditions

er this permit, such action shall constitute the permittee’s acceptance of the permit in its entirety as well as the permittee’s agreement to abide by the requirements of the permit and all conditions therein. Received and/or Recorded by County Clerk: This permit is not valid unless authorizing signature appears on the last page. STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION WATERSHED & LAND MANAGEMENT Mail Code 501-02A, P.O. Box 420, Trenton, New Jersey 08625-0420 Telephone: (609) 777-0454 or Fax: (609) 777-3656 www.nj.gov/dep/landuse PERMIT

DLRP File No. 0722-04-0001.1 LUP230001 Page 2 of 14 West Essex Highlands Inc. STATEMENT OF AUTHORIZED IMPACTS: The authorized activities allow for the permittee to undertake impacts to regulated areas as described below. Additional impacts to regulated areas without prior Department approval shall constitute a violation of the rules under which this document is issued and may subject the permittee and/or property owner to enforcement action, pursuant to N.J.A.C. 7:13-24.1 and N.J.A.C. 7:7A-22. Regulated Area Area of Permanent Disturbance State open waters 261.8 square feet (0.006 acres) Freshwater wetlands 4,996.2 square feet (0.115 acres) Freshwater Wetlands General Permit No. 10B (FWW-GP10B) at N.J.A.C. 7:7A-7.10B Transition area 2,724.9 square feet (0.063 acres) Regulated Area Area of Permanent Disturbance Freshwater wetlands 457.4 square feet (0.011 acres) Freshwater Wetlands General Permit No. 11 (FWW-GP11) at N.J.A.C. 7:7A-7.11 Transition area 888.4 square feet (0.020 acres) Regulated Area Area of Permanent Disturbance State open waters 37.1 square feet (0.001 acres) Freshwater wetlands 319.2 square feet (0.007 acres) Freshwater Wetlands General Permit No. 17 (FWW-GP17) at N.J.A.C. 7:7A-7.17 Transition area 1,393.6 square feet (0.032 acres) Regulated Activity at N.J.A.C. 7:13-11.2 Area of Permanent Riparian Zone Disturbance 7:13-11.2(h) All other roadways not listed; New; Crossing a water 3,067.2 square feet (0.070 acres) Headwall and outlet protection 38.1 square feet (0.001 acres) 7:13-11.2(j) Stormwater pipe 100.2 square feet (0.002 acres) Headwall and outlet protection 187.9 square feet (0.004 acres) 7:13-11.2(j) Stormwater pipe 265.9 square feet (0.006 acres)

DLRP File No. 0722-04-0001.1 LUP230001 Page 3 of 14 West Essex Highlands Inc. PRE-CONSTRUCTION CONDITIONS: 1. Timing: If this permit contains a condition that must be satisfied prior to the commencement of construction, the permittee shall comply with such condition(s) within the time required by the permit or, if no time specific requirement is imposed, then the permittee shall comply with such condition(s) within six months of the effective date of the permit, or provide evidence satisfactory to the Division that such condition(s) cannot be satisfied. 2. Prior to the start of any construction onsite, the permittee/owner shall record a deed notice for all stormwater management measures authorized under this permit which shall be recorded in the Office of the County Clerk or the registrar of deeds and mortgages of the county in which the development, project, project site, or mitigation area containing the stormwater management measure is located. A form of deed notice shall be submitted to the Watershed and Land Management Program (Program) for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at N.J.A.C. 7:8-5.3, 5.4, 5.5, and 5.6 and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to N.J.A.C. 7:8-5.8(d). Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the Program. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the Program is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the Program within 180 calendar days of the authorization granted by the Program. 3. Prior to the commencement of site clearing, grading, or construction onsite, the permittee shall install a sediment barrier at the limits of

lendar days of the authorization granted by the Program. 3. Prior to the commencement of site clearing, grading, or construction onsite, the permittee shall install a sediment barrier at the limits of disturbance authorized herein which is sufficient to prevent the sedimentation of the regulated waters and regulated areas onsite and shall serve as a physical barrier protecting all regulated areas from encroachment by construction vehicles or other soil-disturbing activities. All sediment barriers and soil erosion control measures shall be kept in place and maintained throughout the duration of construction, until such time that the site is stabilized. 4. Prior to the commencement of site clearing, grading, or construction onsite, all existing trees near the project area which are not to be removed shall be marked and a protective construction fence shall be placed around each tree for the duration of construction until the site is stabilized. Headwall and outlet protection 223.8 square feet (0.005 acres) 7:13-11.2(j) Stormwater pipe 373.2 square feet (0.009 acres) 7:13-11.2(t) Trail or boardwalk 1,574.7 square feet (0.036 acres) 7:13-11.2(x) Removing existing fill and/or an existing structure 3,965.0 square feet (0.091 acres)

DLRP File No. 0722-04-0001.1 LUP230001 Page 4 of 14 West Essex Highlands Inc. SPECIAL CONDITIONS: 1. The applicant must adhere to the operations and maintenance plan for the stormwater management measures incorporated into the design of this major development in accordance with N.J.A.C. 7:8-5.8. Guidance set forth in the New Jersey Stormwater Best Management Practices Manual should be followed to the maximum extent practicable. 2. The Department has determined that this project meets the requirements of the Stormwater Management rules at N.J.A.C. 7:8. Any future expansion or alteration of the approved stormwater management system, which would affect water quality, increase the rate or volume of stormwater leaving the site, affect the infiltration capacity on the site, or alter the approved green infrastructure best management practices, shall be reviewed and approved by the Department by obtaining a modification or new permit as appropriate prior to construction. This includes any proposed changes to the discharge characteristics of any basin, the construction of new inlets or pipes that tie into the storm sewer network and/or the replacement of existing inlets or pipes with structures of different capacity. 3. Any future expansion or alteration of the approved site layout and/or land cover which would affect water quality, increase the rate or volume of stormwater leaving the site, or affect the infiltration capacity on the site, shall be reviewed and approved by the Department prior to construction. 4. The Department has determined that the onsite riparian zones along Canoe Brook and Canoe Brook tributary are 50 feet. Therefore, vegetation within 50 feet of the top of the bank shall only be disturbed in the areas specifically shown on the approved drawings. Upon completion of the project, all temporary disturbed areas shall be restored with indigenous, non-invasive vegetation in accordance with N.J.A.C. 7:13-11.2(z). 5. This authorization is based upon a Letter of Interpretation Line Verification Extension issued by the Division of Land Resource Protection concurrently under File and Activity No. 0722-04-0001.1 FWW240001. The Department has determined that the freshwater wetlands affected by this permit authorization are of intermediate resource value or classified as State open waters. The standard transition area or buffer required adjacent to

ed that the freshwater wetlands affected by this permit authorization are of intermediate resource value or classified as State open waters. The standard transition area or buffer required adjacent to intermediate resource value wetlands is 50 feet and no standard transition area or buffer is required adjacent to State open waters. Please refer to the Freshwater Wetlands Protection Act (N.J.S.A. 13:9B-1 et seq.) and implementing Rules (N.J.A.C. 7:7A) for additional information. 6. In order to protect general game fish within the Canoe Brook and the tributary to Canoe Brook from sediment generating activities, any grading, excavation, or construction activities within the streams or the banks of the streams are prohibited between May 1 through July 31 of each year. In addition, any activity within the flood hazard area or riparian zone of this watercourse which does not minimize the introduction of sediment into said stream or which could cause more than a minimum increase in the natural level of turbidity, is also prohibited anytime but especially during this period. The Department reserves the right to require additional soil conservation measures if it becomes evident that additional measures are required to protect State-regulated resources, or the right to suspend all regulated activities onsite should it be determined that the permittee has not taken proper precautions to ensure continuous compliance with this condition. 7. In order to avoid “take” of migratory birds, which are protected under the federal Migratory Bird Treaty Act (16 USC703-712), the clearing of vegetation shall not occur within the entire project area between March 15 to September 10 of the calendar year. The Department recommends adherence to this guidance to the extent feasible to ensure compliance with this federal law. The U.S. Fish and

DLRP File No. 0722-04-0001.1 LUP230001 Page 5 of 14 West Essex Highlands Inc. Wildlife Service is available for further coordination to avoid clear cutting, implement conservation measures, and to protect migratory birds. 8. The permittee is responsible for restoring 13,475.6 square feet (0.309 acres) of previously disturbed wooded transition areas and/or riparian zone with native, non-invasive tree and shrub species, as shown on the approved plan entitled: “WARNER ROAD LANDSCAPE PLAN” (SP-33), dated September 23, 2022, last revised November 5, 2024. Planting shall commence simultaneously with site preparation, or during the next available growing season after site preparation begins. The permittee shall ensure the establishment and survival of the planted vegetation by monitoring the plantings and providing adequate water and care through the first growing season. Any loss of trees or shrubs shall be replaced during the next appropriate growing season. The restoration area shall be allowed to revert to a natural state and not be maintained as a lawn or landscaped area. 9. The permittee shall take all measures necessary to ensure the authorized activities do not alter or interfere with the natural hydrology of the area. 10. Vegetation within the regulated areas onsite shall only be disturbed in the areas specifically shown on the approved drawings and upon completion of the project, all temporarily disturbed areas shall be replanted with native, non-invasive vegetation appropriate for the hydrologic conditions of the area. 11. Any excavation within freshwater wetlands, transition areas, or State open waters shall be backfilled to preexisting elevations where feasible and with the uppermost 18 inches backfilled with original topsoil material. The permittee shall ensure that the backfilling activities do not interfere with the natural hydraulic characteristics of the freshwater wetlands, such as flow characteristics of the groundwater onsite. The wetland and transition area above the excavation shall be restored with an indigenous seed mix, as shown on the approved plans. 12. Any pipes laid through freshwater wetlands, transition areas, or State open waters which have been authorized by a Department permit shall be properly sealed to prevent leaking or infiltration and designed to not form a path for groundwater to be discharged or drained from a freshwater

ch have been authorized by a Department permit shall be properly sealed to prevent leaking or infiltration and designed to not form a path for groundwater to be discharged or drained from a freshwater wetland. Pipes and backfilled materials shall be placed entirely beneath the preexisting ground elevation. 13. During construction of the stormwater outfalls, the permittee shall place no more riprap or other stabilization material in regulated areas than that shown on the approved plans. 14. The trench into which the stormwater conveyance structure is placed shall be no wider than necessary to comply with the United States Occupational Safety and Health Administration safety standards for excavations set forth at 29 CFR Par 1926, Subpart P. 15. In order to preserve the stream channel and any low-flow characteristics, the pilings of the footbridge shall not be placed within the stream channel. 16. The construction of the boardwalk shall use non-polluting wood products to protect the environment from the effects of leaching. No Creosote or CCA treated lumber, or any other preservative susceptible to leaching, shall be used. 17. To ensure a continued ecological function of the forested wetlands to be cleared and converted to herbaceous wetlands beneath the proposed bridge identified within the “VP 1” detail on the approved plans, the Department recommends that these areas be rough-graded to maintain micro-topography and existing hydrology.

DLRP File No. 0722-04-0001.1 LUP230001 Page 6 of 14 West Essex Highlands Inc. 18. In order to minimize disturbances to vegetation, the permittee shall incorporate minor deviations in the trail alignment to avoid impacts to mature trees within the work area. 19. The permittee shall prevent unset or raw concrete from encountering the waters of the channel during all construction activities onsite; raw concrete is toxic to aquatic biota. 20. The permittee shall ensure that a low-flow channel is maintained throughout and after construction, and that no restriction of flow occurs as a result of the project. Any temporarily disturbed sections of the waterways shall be immediately restored to replicate pre-construction conditions of the channel such as shape, width, thalweg, meander, ratio of shallow areas to deep areas, anticipated flow rate and velocity, and substrate type. 21. This permit does not authorize activities that alter the natural bed or banks of the onsite streams or the straightening or realignment of the onsite streams. 22. The permittee shall minimize disturbances to freshwater wetlands and transition areas to the greatest extent practicable by following best management practices, as defined at N.J.A.C. 7:7A-1.3. Such practices shall include, but are not limited to, the use of matting, equipment running on oversized tires, limiting the number of passes through wetlands by equipment, and other similar practices. 23. All excavated and dredged material must be disposed of in a lawful manner outside of any flood hazard area, riparian zone, open water, freshwater wetland, and adjacent transition area, and in such a way as to not interfere with the positive drainage of the receiving area. 24. Construction equipment shall not be stored, staged, or driven within any regulated areas onsite, unless expressly approved by this permit or described on the approved plans. 25. The authorized activities shall comply with the applicable conditions set forth under N.J.A.C. 7:7-5.7, 7.10B, 7.11, 7.17, and 20.2. Failure to comply with these conditions shall constitute a violation of the Freshwater Wetlands Protection Act (N.J.S.A. 13:9B-1 et. seq.). Any additional un-permitted disturbance of freshwater wetlands, State open waters, or transition areas besides that shown on the approved plans shall be considered a violation of the Freshwater Wetlands Protection Act