164-25 DEP Land Use Approval Permit.pdf

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