NJDEP FWW GP FHA IP 11 15 24

DLRP File No. 0722-04-0001.1 LUP230001 Page 7 of 14 West Essex Highlands Inc. 2. At least 90 days prior to the initiation of regulated activities authorized by this permit, the permittee shall submit a mitigation proposal to the Division of Watershed Protection and Restoration for review and approval. Activities authorized by this permit shall not begin until the permittee has obtained written approval of a mitigation plan from the Department (N.J.A.C. 7:7A-11.6(a)). 3. All mitigation shall be conducted prior to or concurrent with the construction of the approved project (N.J.A.C. 7:7A-11.3(a)). Concurrent means that at any given time, the mitigation must track at the same or greater percentage of completion as the project as a whole. 4. If the permittee fails to perform mitigation within the applicable time-period the acreage of mitigation required shall be increased by 20 percent each year after the date mitigation was to begin (N.J.A.C. 7:7A-11.3(c)). 5. If the permittee is considering obtaining land to satisfy a mitigation requirement, the Department strongly recommends that the permittee obtain the Division’s conceptual review and approval of any land being considered as a potential mitigation area. 6. If the permittee is purchasing credits from a mitigation bank to satisfy a mitigation requirement, prior to the initiation of regulated activities authorized by this permit, the permittee shall submit proof of purchase for 0.121 mitigation credits from an approved wetland mitigation bank to the attention of the Mitigation Unit Supervisor, NJDEP, Division of Watershed Protection and Restoration at Mail Code 501-02A, P.O. Box 420, Trenton, NJ 08625-0420. At this time, the following bank(s) are approved to serve the project area; additional banks may be approved at any time, so please contact the Mitigation Unit for the most up to date service area information if you would like additional options. Pio Costa: Contact: Carmen Pio Costa, Anthony Pio Costa and he can be reached at (973) 575-1706 or carmon@piocosta.com Troy Meadows: Contact: Len Fariello, Wildlife Preserves, (973)887-0096 or LFariello@WildlifePreserves.org 7. If the permittee is considering conducting a creation, restoration or enhancement project, the following conditions shall apply: a. Prior to the initiation of regulated activities authorized by this permit the permittee shall submit a final

ng a creation, restoration or enhancement project, the following conditions shall apply: a. Prior to the initiation of regulated activities authorized by this permit the permittee shall submit a final design of the mitigation project for approval and include all of the items listed on the checklist entitled Checklist for Completeness: Creation, Restoration or Enhancement for a Freshwater Wetland Mitigation Proposal located at https://dep.nj.gov/wlm/forms/#mit. b. The permittee shall obtain a secured bond or other financial surety acceptable to the Division from a firm licensed to provide such services in New Jersey. (N.J.A.C. 7:7A-11.17) c. Prior to the completion of the mitigation project, the permittee shall complete, sign and file with the County Clerk (the Registrar of Deeds and Mortgages in some counties), a conservation restriction that meets the requirements of N.J.A.C. 7:7A-12.1. The conservation restriction shall include the wetland and required transition area and conform to the format and content of the Wetlands Mitigation Area model conservation restriction that is available at: https://dep.nj.gov/wlm/forms/#mdr. The applicant is required to include a metes and bounds description shown on a map. Within 180 days of the issuance of the mitigation approval, the