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5 nearest available data point, which is located downstream of the ditch, has a drainage area of 23.9 acres. As the ditch on 40 Eagle Ridge Way is upstream of that point, it can be concluded that the ditch has a drainage area of less than 23.9 acres. • A review of the historical data, topographic maps, and imagery indicate that the ditch is a lawfully existing man-made conveyance. • Additionally, the storm water dich is not connected to any regulated water and it ends in the West Orange storm water municipal sewer. • The ditch is lawfully existing, not connected to a regulated water, and has an area of less than 50 acres, therefore it checks the boxes and is not regulated water under the New Jersey Administrative Code. • Mr. Cokeley wrote a letter to this effect and shared it with Mr. Scott and would be able to submit it to the board. • Ms. Triolo stated the agreement does address that if there is any communication with the DEP to try to implicate the storm water drainage ditch into a regulated water that the applicant will be relieved of the responsibility of relocating the ditch. • Ms. Triolo said they take objection to the concept of restoration of the ditch because it is a relocation as the ditch has always existed. BOARD QUESTIONS • Chairman Bagoff asked is there an easement from Lot 40 to 42 for the temporary diversion to happen. Ms. Triolo said there is an agreement between the property owners and an easement. • Ms. Kapferer asked Mr. Cokeley after reviewing the geotechnical testing report, related to the bedrock that was encountered, if he has the adequate separation distance between bedrock and the bottom of the infiltration basin. Mr. Cokeley said they do. The system has an invert of the stone where they conducted the test which was 2 feet above the bedrock encounter which is the minimum requirement. PROFESSIONALS QUESTIONS • Mr. Scott asked with regard to the drainage ditch and Mr. Cokeley’s testimony about the drainage ditch that it doesn’t have an area greater than 50 acres, does that drainage area take into account the drainage area for the point at Crystal Lake. Mr. Cokeley said yes, the water shed area is inclusive of the part of Crystal Point that comes down into the ditch, in total it would be less than 50 acres. PROFESSIONALS COMMENTS • Mr. Scott said he appreciates that the there was an agreement between with Collier’s and the engineer

that comes down into the ditch, in total it would be less than 50 acres. PROFESSIONALS COMMENTS • Mr. Scott said he appreciates that the there was an agreement between with Collier’s and the engineer for Llewellyn Park. He understands there is some type of agreement but he thinks it needs to be inclusive of the township and their engineers as well while coming up with the agreement. • Mr. Scott said he likes the idea of the plan that was presented by Mr. Cokeley of adding an additional curtain drain but they have no supporting calculations. • Mr. Scott said with regard to the restoration of the drainage ditch, it sounds like they are trying to put the ditch back to where it was. While he appreciates the effort, Mr. Scott believes it is going to be difficult to do it in a way that is going to make sure that the way the drainage ditch acted before that it will do that again in this situation. • Mr. Scott said they have an idea based on the previous hearings and comments from the residents and neighbors of Llewellyn Park that they didn’t have this problem until some of this work have taken place.