Applicant Response letter to Diana McGovern Esq dated 3 30 26

LAW OFFICES HUTT SHIMANOWITZ & PLOCKER APROFESSIONAL CORPORATION surface water, regardless of the duration of such alteration, by: i. Adding or impounding a sufficient quantity of stormwater or other water to modify the existing vegetation, values or functions of the wetland; or ii. Draining, ditching or otherwise causing the depletion of the existing groundwater or surface water so as to modify the existing vegetation, values or functions of the wetland; 5. The placing of obstructions, including depositing, constructing, installing or otherwise situating any obstacle which will affect the values or functions of a freshwater wetland; N.LA.C. 7:7A-2.2(a)(2) and (5). Applicants must demonstrate compliance with the specific regulations under their requested General Permits (N.J.A.C. 7:7A-5 and -7), Transition Area Waivers (N.J.A.C. 7:7A-8), and/or Individual Permit (N.J.A.C. 7:7A-9 and -10). The NJDEP also regulates stormwater management for projects that result in one acre of disturbance (N.J.A.C. 7:8- 4,2) and/or a net increase of 0.25-acre of motor vehicle surfaces (N.J.A.C. 7:8-5.5). Here, as supported by the record, the NJDEP conducted a detailed review before issuing its approvals. During that review, the NJDEP received several comment letters from Princeton Hydro, which included a concern about the potential to drain the wetlands. If the NJDEP had determined that this allegation was valid, it would have required the project to make modifications to address this specific issue. The applicant addressed all NJDEP comments and the NJDEP ultimately issued Freshwater Wetlands General Permits and a Flood Hazard Area Individual Permit. As Princeton Hydro acknowledged during testimony, the NJDEP had the benefit of Princeton Hydro’s comments during the permit review process. Moreover, the objector made application to the NJDEP seeking a suspension and/or stay of Applicant’s permits. In a written Order Denying Permit Suspension Pending Appeal dated January 16, 2026, a copy of which is attached hereto as Exhibit A, the NJDEP specifically noted on p. 5: The consultant [Princeton Hydro] also noted that a change in stormwater runoff could result in damage to existing wetlands. The Department reviewed this change and concluded that the applicant demonstrated compliance with the requirements for stormwater runoff quantity, stormwater runoff quality, and

to existing wetlands. The Department reviewed this change and concluded that the applicant demonstrated compliance with the requirements for stormwater runoff quantity, stormwater runoff quality, and groundwater recharge. The stormwater quantity analysis specifically included standards to control the impacts of the change in flow, volume, and timing of runoff as a result of a major development. The project was