164-25 DEP Land Use Approval Permit.pdf

DLRP File No. 0722-24-0002.1 LUP240001 Page 6 of 9 West Orange Township 10. The permittee shall employ appropriate measures to minimize noise where necessary during construction, as specified in N.J.S.A. 13:1G-1 et seq. and N.J.A.C. 7:29. 11. The permittee shall allow an authorized representative of the Department, upon the presentation of credentials, to: i. Enter upon the permittee's premises where a regulated activity, project, or development is located or conducted, or where records must be kept under the conditions of the permit; ii. Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit; iii. Inspect, at reasonable times, any facilities, equipment, practices, or operations regulated or required under the permit. Failure to allow reasonable access under this paragraph shall be considered a violation of this chapter and subject the permittee to enforcement action; and iv. Sample or monitor at reasonable times, for the purposes of assuring compliance or as otherwise authorized by the Federal Act, by the Freshwater Wetlands Protection Act, or by any rule or order issued pursuant thereto, any substances or parameters at any location. 12. The permittee shall not cause or allow any unreasonable interference with the free flow of a regulated water by placing or dumping any materials, equipment, debris or structures within or adjacent to the channel while the regulated activity, project, or development is being undertaken. Upon completion of the regulated activity, project, or development, the permittee shall remove and dispose of in a lawful manner all excess materials, debris, equipment, and silt fences and other temporary soil erosion and sediment control devices from all regulated areas. 13. The permittee and its contractors and subcontractors shall comply with all conditions, site plans, and supporting documents approved by the permit. 14. All conditions, site plans, and supporting documents approved by a permit shall remain in full force and effect, so long as the regulated activity, project, or development, or any portion thereof, is in existence, unless the permit is modified pursuant to the rules governing the herein approved permits. 15. If any condition or permit is determined to be legally unenforceable, modifications and additional conditions may be imposed by the Department as necessary to

overning the herein approved permits. 15. If any condition or permit is determined to be legally unenforceable, modifications and additional conditions may be imposed by the Department as necessary to protect public health, safety, and welfare, or the environment. 16. Any permit condition that does not establish a specific timeframe within which the condition must be satisfied (for example, prior to commencement of construction) shall be satisfied within six months of the effective date of the permit. 17. A copy of the permit and all approved site plans and supporting documents shall be maintained at the site at all times and made available to Department representatives or their designated agents immediately upon request.

DLRP File No. 0722-24-0002.1 LUP240001 Page 7 of 9 West Orange Township 18. A permit shall be transferred to another person only in accordance with the rules governing the herein approved permits. 19. A permit can be modified, suspended, or terminated by the Department for cause. 20. The submittal of a request to modify a permit by the permittee, or a notification of planned changes or anticipated noncompliance, does not stay any condition of a permit. 21. Where the permittee becomes aware that it failed to submit any relevant facts in an application or submitted incorrect information in an application or in any report to the Department, it shall promptly submit such facts or information. 22. The permittee shall submit email notification to the Bureau of Coastal & Land Use Compliance & Enforcement at CLU_tomsriver@dep.nj.gov at least 3 days prior to commencement of site preparation and/or regulated activities, whichever comes first. The notification shall include proof of completion of all pre-construction conditions, including proof of recording of permits, approved plans and/or conservation easements, if required. The permittee shall allow an authorized Bureau representative on the site to inspect to ensure compliance with this permit. 23. The permittee shall record the permit, including all conditions listed therein, with the Office of the County Clerk (the Registrar of Deeds and Mortgages, if applicable) of each county in which the site is located. The permit shall be recorded within 30 calendar days of receipt by the permittee, unless the permit authorizes activities within two or more counties, in which case the permit shall be recorded within 90 calendar days of receipt. Upon completion of all recording, a copy of the recorded permit shall be forwarded to Watershed & Land Management through the DEP Online service. The uploaded documents will go directly into the Department’s database, and staff will be notified that information has been received. The service can be found at: https://dep.nj.gov/wlm/eservices/lrp-eservices/. APPROVED PLANS: The drawings hereby approved consist of seven (7) sheets prepared by prepared by Sara Miller, P.E. of Colliers Engineering and Design, dated March 13, 2025, unrevised, unless otherwise noted, entitled: “PERMITTING PLANS FOR REPLACEMENT OF OUTFALL STRUCTURES BLOCK 78.02 LOT 1.03 TOWNSHIP OF WEST ORANGE ESSEX

rs Engineering and Design, dated March 13, 2025, unrevised, unless otherwise noted, entitled: “PERMITTING PLANS FOR REPLACEMENT OF OUTFALL STRUCTURES BLOCK 78.02 LOT 1.03 TOWNSHIP OF WEST ORANGE ESSEX COUNTY NEW JERSEY FWWL PERMITTING PLANS” “MCCLELLAN TERRACE” Sheet 1 of 1; “RANDOLPH PLACE” Sheet 1 of 1;

DLRP File No. 0722-24-0002.1 LUP240001 Page 8 of 9 West Orange Township “PERMITTING PLANS FOR REPLACEMENT OF OUTFALL STRUCTURES BLOCK 78.02 LOT 1.03 MCCLELLAN TERRACE & RANDOLPH PLACE TOWNSHIP OF WEST ORANGE ESSEX COUNTY NEW JERSEY NJFHA PERMITTING PLANS” Sheets 1 and 2 of 2, dated December 13, 2024, last revised March 4, 2025; “CONSTRUCTION PLANS FOR REPLACEMENT OF OUTFALL STRUCTURES BLOCK 78.02, LOT 1.03 McCLELLAN TERRACE & RANDOLPH PLACE TOWNSHIP OF WEST ORANGE ESSEX COUNTY NEW JERSEY” prepared by Alexander Itkin, P.E. of Colliers Engineering and Design, dated March 2025, last revised March 3, 2025 “SOIL EROSION & SEDIMENT CONTROL PLAN: STR. #1 (McCLELLAN TERRACE)” Sheet 3 of 7; “SOIL EROSION & SEDIMENT CONTROL PLAN: STR. #2 (RANDOLPH PLACE)” Sheet 5 of 7; and “SOIL EROSION & SEDIMENT CONTROL DETAILS” Sheet 7 of 7; APPEAL OF DECISION: Any person who is aggrieved by this decision may submit an adjudicatory hearing request within 30 calendar days after public notice of the decision is published in the DEP Bulletin (available at https://dep.nj.gov/bulletin/). If a person submits the hearing request after this time, the Department shall deny the request. The hearing request must include a completed copy of the Administrative Hearing Request Checklist (available at https://dep.nj.gov/wlm/forms/). A person requesting an adjudicatory hearing shall submit the original hearing request to: NJDEP Office of Administrative Hearings and Dispute Resolution, Attention: Adjudicatory Hearing Requests, Mail Code 401-07A, P.O. Box 420, 401 East State Street, 7th Floor, Trenton, NJ 08625-0420. Additionally, a copy of the hearing request shall be submitted to the Director of Watershed & Land Management at the address listed on page one of this permit. In addition to your hearing request, you may file a request with the Office of Dispute Resolution to engage in alternative dispute resolution. Please see www.nj.gov/dep/odr for more information on this process. If you need clarification on any section of this permit or conditions, please contact Watershed and Land Management’s Technical Support Call Center at (609) 777-0454. Approved By: __________________________________________ Dennis Contois, Supervising Engineer Watershed and Land Management Bureau of Flood Hazard and Stormwater Engineering

DLRP File No. 0722-24-0002.1 LUP240001 Page 9 of 9 West Orange Township cc: Michael Warrick – michael.warrick@collierseng.com Cindy Rivera – cindy.rivera@dep.nj.gov Alexander Itkin, P.E. – alexander.itkin@collierseng.com Sara Miller, P.E. – sara.miller@collierseng.com