NJDEP FWW GP FHA IP 11 15 24

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