NJDEP FWW GP FHA IP 11 15 24

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

-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 Rules unless the activity is exempt or a permit is obtained from the Department prior to the start of the disturbance. 26. This authorization is valid for a term not to exceed five years from the date of this permit. If the permittee wishes to continue an activity covered by the permit after the expiration date of the permit, the permittee must apply for and obtain a permit extension or a new permit, prior to the permit’s expiration. If the term of the authorization exceeds the expiration date of the permit issued by rule, and the permit upon which the authorization is based is modified by rule to include more stringent standards or conditions, or is not reissued, the applicant must comply with the requirements of the new regulations by applying for a new applicable permit authorization. FRESHWATER WETLAND MITIGATION CONDITIONS: 1. The permittee shall mitigate for the permanent disturbance of 0.006 acres of State open waters and 0.115 acres of forested wetlands through an on-site or off-site creation, restoration or enhancement project or with the purchase of credits from a mitigation bank serving the appropriate watershed management area in accordance with the mitigation hierarchy (N.J.A.C. 7:7A-11 et seq).