NJDEP FWW GP FHA IP 11 15 24

DLRP File No. 0722-04-0001.1 LUP230001 Page 11 of 14 West Essex Highlands Inc. 9. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the authorized activity in order to maintain compliance with the conditions of the permit. 10. The permittee shall employ appropriate measures to minimize noise where necessary during construction, as specified in N.J.S.A. 13:1G-1 et seq. and N.J.A.C. 7:29. 11. The issuance of a permit does not relinquish the State’s tidelands ownership or claim to any portion of the subject property or adjacent properties. 12. The issuance of a permit does not relinquish public rights to access and use tidal waterways and their shores. 13. The permittee shall allow an authorized representative of the Department, upon the presentation of credentials, to: i. Enter upon the permittee's premises where a regulated activity, project, or development is located or conducted, or where records must be kept under the conditions of the permit; ii. Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit; iii. Inspect, at reasonable times, any facilities, equipment, practices, or operations regulated or required under the permit. Failure to allow reasonable access under this paragraph shall be considered a violation of this chapter and subject the permittee to enforcement action; and iv. Sample or monitor at reasonable times, for the purposes of assuring compliance or as otherwise authorized by the Federal Act, by the Freshwater Wetlands Protection Act, or by any rule or order issued pursuant thereto, any substances or parameters at any location. 14. The permittee shall not cause or allow any unreasonable interference with the free flow of a regulated water by placing or dumping any materials, equipment, debris or structures within or adjacent to the channel while the regulated activity, project, or development is being undertaken. Upon completion of the regulated activity, project, or development, the permittee shall remove and dispose of in a lawful manner all excess materials, debris, equipment, and silt fences and other temporary soil erosion and sediment control devices from all regulated areas. 15. The permittee and its contractors and subcontractors shall comply with all conditions, site plans, and supporting documents approved

erosion and sediment control devices from all regulated areas. 15. The permittee and its contractors and subcontractors shall comply with all conditions, site plans, and supporting documents approved by the permit. 16. All conditions, site plans, and supporting documents approved by a permit shall remain in full force and effect, so long as the regulated activity, project, or development, or any portion thereof, is in existence, unless the permit is modified pursuant to the rules governing the herein approved permits. 17. The permittee shall perform any mitigation required under the permit in accordance with the rules governing the herein approved permits. 18. If any condition or permit is determined to be legally unenforceable, modifications and additional conditions may be imposed by the Department as necessary to protect public health, safety, and welfare, or the environment.