164-25 DEP Land Use Approval Permit.pdf

Approval Date 04/11/2025 In accordance with the laws and regulations of the State of New Jersey, the Department of Environmental Protection hereby grants this permit to perform the activities described below. This permit is revocable with due cause and is subject to the terms, conditions, and limitations listed below and on the attached pages. For the purpose of this document, “permit” means “approval, certification, registration, authorization, waiver, etc.” Violation of any term, condition, or limitation of this permit is a violation of the implementing rules and may subject the permittee to enforcement action. Expiration Date 04/10/2030 Permit Number: 0722-24-0002.1 LUP240001 Type of Approvals: Flood Hazard Area Individual Permit Freshwater Wetlands General Permit 11 – Outfall Structures Water Quality Certificate Governing Rules: N.J.A.C. 7:13-1.1(b) N.J.A.C. 7:7A-1.1(a) Permittee: West Orange Township Attn.: James Abbott 66 Main Street West Orange, NJ 07052 jabbott@westorange.org Site Location: Block & Lot: [78.02, 1.03] Municipality: West Orange Township County: Essex County Description of Authorized Activities: This document authorizes the reconstruction of two (2) stormwater outfall structures and associated disturbances along the East Branch of the Rahway River, as shown on the approved plans. This authorization to conduct activities in wetlands and waters includes the issuance of a Water Quality Certificate. The Department has determined that the herein approved activities meet the requirements of the Flood Hazard Area Control Act rules. This approval does not obviate the local Floodplain Administrator's responsibility to ensure all development occurring within their community's Special Flood Hazard Area (SFHA) is compliant with the local Flood Damage Prevention Ordinance, and minimum NFIP standards, regardless of any state- issued permits. FEMA requires communities to review and permit all proposed construction or other development within their SFHA in order to participate in the NFIP. Prepared by: Audra Didzbalis If the permittee undertakes any regulated activity, project, or development authorized under this permit, such action shall constitute the permittee’s acceptance of the permit in its entirety as well as the permittee’s agreement to abide by the requirements of the permit and all conditions therein. Received and/or Recorded by

stitute the permittee’s acceptance of the permit in its entirety as well as the permittee’s agreement to abide by the requirements of the permit and all conditions therein. Received and/or Recorded by County Clerk: This permit is not valid unless authorizing signature appears on the last page. STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION WATERSHED & LAND MANAGEMENT Mail Code 501-02A, P.O. Box 420, Trenton, New Jersey 08625-0420 Telephone: (609) 777-0454 or Fax: (609) 777-3656 www.nj.gov/dep/landuse PERMIT

DLRP File No. 0722-24-0002.1 LUP240001 Page 2 of 9 West Orange Township STATEMENT OF AUTHORIZED IMPACTS: The authorized activities allow for the permittee to undertake impacts to regulated areas as described below and on the first page of this document. Additional impacts to regulated areas without prior Department approval shall constitute a violation of the rules under which this document is issued and may subject the permittee and/or property owner to enforcement action, pursuant to N.J.A.C. 7:13-2.18; N.J.A.C. 7:7A-22. Freshwater Wetlands General Permit 11 – Outfall Structures Permanent Disturbance Temporary Disturbance Freshwater wetlands 0.000 0.000 Transition areas 0.000 0.000 State open waters 0.036 acres (1559 ft2) 0.005 acres (219 ft2) Riparian Zone Vegetation Area of riparian zone Permanent Disturbed 0.080 (3481 ft2) Temporary Disturbed 0.032 acres (1398 ft2) PRE-CONSTRUCTION CONDITIONS: 1. Prior to site preparation or construction onsite, the permittee shall obtain all necessary consent from any affected offsite and/or easement property owners. No work shall occur without proper permissions. 2. Prior to the commencement of site clearing, grading, or construction onsite, the permittee shall install a sediment barrier at the limits of disturbance authorized herein, which is sufficient to prevent the sedimentation of the remaining freshwater wetlands and transition areas and shall serve as a physical barrier protecting these areas from encroachment by construction vehicles or other soil-disturbing activities. All sediment barriers and soil erosion control measures shall be kept in place and maintained throughout the duration of construction, until such time that the site is stabilized. 3. Timing: If this permit contains a condition that must be satisfied prior to the commencement of construction, the permittee shall comply with such conditions within the time required by the permit or, if no time specific requirement is imposed, then the permittee shall comply with such conditions within six months of the effective date of the permit, or provide evidence satisfactory to the Division that such conditions cannot be satisfied. 4. De-watering of cofferdams must include properly sized temporary sediment basins or other filtering methods to reduce turbidity. The stream area to receive return water discharged from cofferdams must be encompassed by a

erdams must include properly sized temporary sediment basins or other filtering methods to reduce turbidity. The stream area to receive return water discharged from cofferdams must be encompassed by a turbidity barrier. The turbidity barrier must be located parallel to the stream banks and anchored to the shoreline to maintain freeflow of the stream

DLRP File No. 0722-24-0002.1 LUP240001 Page 3 of 9 West Orange Township center. In order to avoid obstruction of stream flows or fish passage, turbidity barriers must not be placed across the entire stream channel. SPECIAL CONDITIONS: 1. The Department has determined that the regulated wetland area affected by this permit authorization includes only State open waters and no standard transition area or buffer is required adjacent to a State open water. Please refer to the Freshwater Wetlands Protection Act (N.J.S.A. 13:9B-1 et. seq.) and implementing rules (N.J.A.C. 7:7A) for additional information. 2. The authorized activities shall comply with the applicable conditions set forth under N.J.A.C. 7:7A-5.7, 7.11, 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 Rules unless the activity is exempt or a permit is obtained from the Department prior to the start of the disturbance. 3. Construction equipment shall not be stored, staged or driven within any channel, freshwater wetland or transition area, unless expressly approved by this permit and/or described on the approved plans. 4. Construction may only occur while the stream area is dry or in a de-watered condition. No work may be performed where the stream channel is wet. 5. The riprap proposed within the channel must be carefully imbedded into the channel substrate and contoured to mimic the original physical characteristics of the channel (such as its shape, slope, thalweg and meander) in order to provide low-flow aquatic passage throughout the entire disturbed area. Furthermore, any void spaces within the riprap must be filled with native substrate from the channel. 6. After all in-channel activities are completed, native stream bed material must be replaced within the channel. This material must be contoured to mimic the original physical characteristics of the channel (such as its shape, width, slope, thalweg, meander, and ratio of shallow areas to deep areas,) in order to provide low-flow aquatic passage throughout the entire disturbed area. 7. The Department has determined that the onsite

slope, thalweg, meander, and ratio of shallow areas to deep areas,) in order to provide low-flow aquatic passage throughout the entire disturbed area. 7. The Department has determined that the onsite riparian zone along the East Branch Rahway River is 50 feet. Therefore, vegetation within 50 feet of the top of the bank shall only be disturbed in the areas specifically shown on the approved drawings and upon completion of the project, all temporary disturbed areas shall be restored with indigenous, non-invasive vegetation in accordance with N.J.A.C. 7:13-11.2(z).

DLRP File No. 0722-24-0002.1 LUP240001 Page 4 of 9 West Orange Township 8. Vegetation along the East Branch Rahway River onsite shall only be disturbed in the areas specifically shown on the approved drawings and upon completion of the project, all temporarily disturbed areas shall be replanted with native, non-invasive vegetation appropriate for the hydrologic conditions of the area. 9. In order to protect general game and fishery resources within the East Branch Rahway River from sediment generating activities, any grading, excavation, or construction activities within the stream or the banks of the stream are prohibited between May 1st through July 31st of each year. In addition, any activity within the flood hazard area or riparian zone of this watercourse which does not minimize the introduction of sediment into said stream or which could cause more than a minimum increase in the natural level of turbidity, is also prohibited anytime but especially during this period. The Department reserves the right to require additional soil conservation measures if it becomes evident that additional measures are required to protect State-regulated resources, or the right to suspend all regulated activities onsite should it be determined that the permittee has not taken proper precautions to ensure continuous compliance with this condition. 10. Regulated areas onsite feature documented and suitable habitat for the federally listed endangered species Northern long-eared bat (Myotis septentrionalis) and Indiana bat (Myotis sodalis). In order to prevent adverse impacts to these species, the clearing of trees is prohibited onsite between April 1 to September 30 of each calendar year. 11. For the purposes of this permit, the Department has determined that this project is not a Major Development as defined in the Stormwater Management rules at N.J.A.C. 7:8-1.2. Therefore, the Department did not review the proposed project for compliance with these rules. 12. All excavated 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. 13. Any new, reconstructed, enlarged, or elevated structure within a flood hazard area shall be secured to resist flotation, collapse, and displacement due to

positive drainage of the receiving area. 13. Any new, reconstructed, enlarged, or elevated structure within a flood hazard area shall be secured to resist flotation, collapse, and displacement due to hydrostatic and hydrodynamic forces from floodwaters. 14. 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, the permittee must obtain a permit extension or a new permit. STANDARD CONDITIONS: 1. The issuance of a permit shall in no way expose the State of New Jersey or the Department to liability for the sufficiency or correctness of the design of any construction or structure. Neither the State nor the Department shall, in any way, be liable for any loss of life or

DLRP File No. 0722-24-0002.1 LUP240001 Page 5 of 9 West Orange Township property that may occur by virtue of the activity or project conducted as authorized under a permit. 2. The issuance of a permit does not convey any property rights or any exclusive privilege. 3. The permittee shall obtain all applicable Federal, State, and local approvals prior to commencement of regulated activities authorized under a permit. 4. A permittee conducting an activity involving soil disturbance, the creation of drainage structures, or changes in natural contours shall obtain any required approvals from the Soil Conservation District or designee having jurisdiction over the site. 5. The permittee shall take all reasonable steps to prevent, minimize, or correct any adverse impact on the environment resulting from activities conducted pursuant to the permit, or from noncompliance with the permit. 6. The permittee shall immediately inform the Department of any unanticipated adverse effects on the environment not described in the application or in the conditions of the permit. The Department may, upon discovery of such unanticipated adverse effects, and upon the failure of the permittee to submit a report thereon, notify the permittee of its intent to suspend the permit. 7. The permittee shall immediately inform the Department by telephone at (877) 927-6337 (WARN DEP hotline) of any noncompliance that may endanger public health, safety, and welfare, or the environment. The permittee shall inform the Watershed & Land Management by telephone at (609) 777-0454 of any other noncompliance within two working days of the time the permittee becomes aware of the noncompliance, and in writing within five working days of the time the permittee becomes aware of the noncompliance. Such notice shall not, however, serve as a defense to enforcement action if the project is found to be in violation of this chapter. The written notice shall include: i. A description of the noncompliance and its cause; ii. The period of noncompliance, including exact dates and times; iii. If the noncompliance has not been corrected, the anticipated length of time it is expected to continue; and iv. The steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance. 8. Any noncompliance with a permit constitutes a violation of this chapter and is grounds for enforcement action, as well as,

planned to reduce, eliminate, and prevent recurrence of the noncompliance. 8. Any noncompliance with a permit constitutes a violation of this chapter and is grounds for enforcement action, as well as, in the appropriate case, suspension and/or termination of the permit. 9. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the authorized activity in order to maintain compliance with the conditions of the permit.