Township Council Meeting — Packet

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 West Orange Township Page 5 of 9 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

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, 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.

DLRP File No. 0722-24-0002.1 LUP240001 West Orange Township Page 6 of 9 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 West Orange Township Page 7 of 9 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 West Orange Township Page 8 of 9 “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 Digitally signed by dennis contois Date: 2025.04.11 14:16:43 -04'00'

DLRP File No. 0722-24-0002.1 LUP240001 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 Page 9 of 9

Invoice COLONNELLI BROS., INC. 409 SO.RIVER STREET HACKENSACK, NJ 07601 Bill To Date Invoice # 2/4/2025 24-3714-G Ship To WEST ORANGE ZAYIBETH CARBALLO 25 LAKESIDE AVENUE WEST ORANGE, NJ 07052 P.O. Number Terms Rep NET 30 Days Quantity Ship Via F.O.B. Project 2/4/2025 Item Code Description U/M Price Each Amount JOB: PER PROPOSAL 1151 VARIOUS DATES 1 LUMP SUM LUMP SUM - RANDOLPH PLACE Sales Tax 231,270.75 0.00% Total 231,270.75T 0.00 $231,270.75