Applicant Response letter to Diana McGovern Esq dated 3 30 26

LAW OFFICES HUTT SHIMANOWITZ & PLOCKER A PROFESSIONAL CORPORATION Board and the procurement of a TWA is a standard condition of approval. Applicant remains committed to work with the Township professionals in good faith with respect to the TWA application. Location of Sanitary Sewer Pipe As the Board is aware, a section of on-site sewer pipe was proposed to run through near a detention basin. As provided for in the record, Applicant has agreed to relocate the pipe to outside of the stormwater system and under the sidewalk as a condition of approval. The Township’s engineers will be required to review and approve the relocated pipe along with the plan revisions and detail normally associated with the resolution compliance process. Stormwater Management System The Board asked the Applicant to review its stormwater management system, which has already been approved by the NJDEP, to determine if additional stormwater could be funneled to the upper part of the wetlands located on the western portion of the Subject Property without the need to seek amended NJDEP approval. In short, any such modification, if practicable or needed, would require amended NJDEP approval. As the Board is aware, under the Freshwater Wetlands Protection Act (“FWPA”), the Board and the Township are preempted from regulating freshwater wetlands in any way, such as requesting a Letter of Interpretation (“LOY”) or regulating the impacts of stormwater runoff on wetlands. N.L.S.A, 13:9B-30. The jurisdiction to regulate wetlands rests solely with the NJDEP. Id. Here, the NJDEP extended the LOI and granted Genera] Permits for the Subject Property on November 15, 2024, which approvals considered the proposed development and stormwater management system identified on the site plan. On November 15, 2024, the NJDEP issued Permit No. 0722-04-0001.1 LUP230001, approving the proposed freshwater wetlands disturbances and included a review and approval of the stormwater management system. The LOI and NJDEP Permits are part of the Board record. In granting the foregoing approvals, the NJDEP applied the regulations promulgated under the FWPA, N.J.A.C. 7:7A-1.1, et seq., which regulate freshwater wetlands, transition areas, and State open waters. Specifically, N.J.A.C. 7:7A-2.2 provides, in pertinent part: (a) The following activities are regulated under this chapter when performed in a

water wetlands, transition areas, and State open waters. Specifically, N.J.A.C. 7:7A-2.2 provides, in pertinent part: (a) The following activities are regulated under this chapter when performed in a freshwater wetland unless excluded under (c) below: aR 2. The drainage or disturbance of the water level or water table so as to alter the existing elevation of groundwater or 2