Port Monmouth Contract 5 -RTA SPECS 2022-03-22.pdf

SPECIFICATIONS

HURRICANE AND STORM DAMAGE

REDUCTION PROJECT

PHASE II-CONTRACT 5

PORT MONMOUTH, NEW JERSEY

IFB No. W912DS-22-B0003

RTA

RARITAN BAY + SANDY HOOK BAY

February 2022

U.S. Army Corps of Engineers New York District

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PORTMONPIICT5 PORT MONMOUTH PHASE II, CONTRACT 5

PROJECT TABLE OF CONTENTS

DI VI SI ON 00 - PROCUREMENT AND CONTRACTI NG REQUI REMENTS

00 00 01 COVER SHEET

00 00 02 CHECK LIST FOR BIDDERS

00 10 00 SF 1442 AND BIDDING SCHEDULE

00 21 16 INSTRUCTIONS, CONDITIONS, AND NOTICE TO BIDDERS

00 22 10 TECHNICAL PROPOSAL DESIGN -BID-BUILD SELECTION PROCEDURES

00 24 00 EVALUATION FACTORS FOR AWARD

00 31 24.01 18 FEDERAL CONSISTENCY DETERMINATION/ WATER QUALITY

CERTIFICATION

00 31 46 PERMITS

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 72 00 CONTRACT CLAUSES

00 90 00 WAGE RATES

00 90 02 RESPONSIBILITY OF FUTURE O&M

00 90 03 LABORATORY AND FIELD DATA

00 90 04 SEDIMENT SAMPLING RESULTS

00 90 05 JCP&L REQUIREMENTS

00 90 06 NJ AMERICAN WATER STANDARD PIPELINE SPECIFICATIONS

DI VI SI ON 01 - GENERAL REQUI REMENTS

01 11 00 SUMMARY OF WORK

01 14 00 WORK RESTRICTIONS

01 20 00 PRICE AND PAYMENT PROCEDURES

01 30 00 ADMINISTRATIVE REQUIREMENTS

01 32 01.00 10 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 10 QUALITY CONTROL

01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

01 55 26 TRAFFIC CONTROL

01 56 10 HERBIVORY FENCE

01 57 19 TEMPORARY ENVIRONMENTAL CONTROLS

01 57 23.00 18 TEMPORARY STORM WATER POLLUTION CONTROL

01 58 00 PROJECT IDENTIFICATION

01 74 19 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL

01 78 00 CLOSEOUT SUBMITTALS

01 78 23 OPERATION AND MAINTENANCE DATA

01 88 00 PUMP STATION COMMISSIONING

DI VI SI ON 02 - EXI STI NG CONDI TI ONS

02 27 50.00 18 FLOATING TURBIDITY BARRIER

02 41 00 DEMOLITION

DI VI SI ON 03 - CONCRETE

03 30 00 CAST-IN-PLACE CONCRETE

03 45 33 PRECAST STRUCTURAL CONCRETE

DI VI SI ON 04 - MASONRY

04 20 00 UNIT MASONRY

PROJECT TABLE OF CONTENTS Page 1 02/18/22

DI VI SI ON 05 - METALS

05 05 23.16 STRUCTURAL WELDING

05 40 00 COLD-FORMED METAL FRAMING

05 50 13 MISCELLANEOUS METAL FABRICATIONS

05 50 14 STRUCTURAL METAL FABRICATIONS

05 50 15 CIVIL WORKS FABRICATIONS

05 51 33 METAL LADDERS

05 52 00 METAL RAILINGS

DI VI SI ON 06 - WOOD, PLASTI CS, AND COMPOSI TES

06 10 00 ROUGH CARPENTRY

DI VI SI ON 07 - THERMAL AND MOI STURE PROTECTI ON

07 21 13 BOARD AND BLOCK INSULATION

07 22 00 ROOF AND DECK INSULATION

07 41 13 METAL ROOF PANELS

07 60 00 FLASHING AND SHEET METAL

07 92 00 JOINT SEALANTS

DI VI SI ON 08 - OPENI NGS

08 11 13 STEEL DOORS AND FRAMES

08 71 00 DOOR HARDWARE

08 91 00 METAL WALL LOUVERS

DI VI SI ON 09 - FI NI SHES

09 90 00 PAINTS AND COATINGS

09 96 00 HIGH-PERFORMANCE COATINGS

DI VI SI ON 10 - SPECI ALTI ES

10 14 00.10 EXTERIOR SIGNAGE

10 44 16 FIRE EXTINGUISHERS

DI VI SI ON 13 - SPECI AL CONSTRUCTI ON

13 48 00.00 10 SEISMIC PROTECTION FOR MECHANICAL EQUIPMENT

13 48 73 SEISMIC CONTROL FOR MECHANICAL EQUIPMENT

DI VI SI ON 22 - PLUMBI NG

22 14 29.00 40 SUMP PUMPS AND MISCELLANEOUS

DI VI SI ON 23 - HEATI NG, VENTI LATI NG, AND AI R CONDI TI ONI NG ( HVAC)

23 00 00 AIR SUPPLY, DISTRIBUTION, VENTILATION, AND EXHAUST SYSTEMS

23 11 13 FUEL OIL PUMPING SYSTEM AND CONTROLS FOR STAND-BY POWER

23 31 13.00 40 METAL DUCTS

23 82 46.00 40 ELECTRIC UNIT HEATERS

DI VI SI ON 25 - I NTEGRATED AUTOMATI ON

25 14 01 PUMP STATION INSTRUMENTATION AND CONTROL PANELS

DI VI SI ON 26 - ELECTRI CAL

PROJECT TABLE OF CONTENTS Page 2

26 00 00.00 20 BASIC ELECTRICAL MATERIALS AND METHODS

26 05 00.00 40 COMMON WORK RESULTS FOR ELECTRICAL

26 05 48.00 10 SEISMIC PROTECTION FOR ELECTRICAL EQUIPMENT

26 20 00 INTERIOR DISTRIBUTION SYSTEM

26 28 00.00 10 MOTOR CONTROL CENTERS, SWITCHBOARDS AND PANELBOARDS

26 28 01 COORDINATED POWER SYSTEM PROTECTION

26 32 15.00 10 DIESEL-GENERATOR SET STATIONARY 100-2500 KW, WITH

AUXILIARIES

26 36 00.00 10 AUTOMATIC TRANSFER SWITCH AND BY-PASS/ISOLATION SWITCH

26 41 00 LIGHTNING PROTECTION SYSTEM

26 51 00 INTERIOR LIGHTING

26 56 00 EXTERIOR LIGHTING

DI VI SI ON 28 - ELECTRONI C SAFETY AND SECURI TY

28 10 05 ELECTRONIC SECURITY SYSTEMS (ESS)

28 31 64.00 10 FIRE DETECTION AND ALARM SYSTEM, ADDRESSABLE

DI VI SI ON 31 - EARTHWORK

31 00 00 EARTHWORK

31 05 19.13 GEOTEXTILES FOR EARTHWORK

31 11 00 CLEARING AND GRUBBING

31 23 00.00 20 EXCAVATION

31 32 00.00 18 SOIL STABILIZATION SYSTEM

31 32 11 SOIL SURFACE EROSION CONTROL

31 32 19.16 GEOTEXTILE SOIL STABILIZATION

31 41 16 METAL SHEET PILING

31 62 16.16 STEEL H-PILES

DI VI SI ON 32 - EXTERI OR I MPROVEMENTS

32 11 23 AGGREGATE AND/OR GRADED-CRUSHED AGGREGATE BASE COURSE

32 12 10 BITUMINOUS TACK AND PRIME COATS

32 12 17 HOT MIX BITUMINOUS PAVEMENT (FOR ROADS NOT UNDER NJDOT

JURISDICTION)

32 92 19 SEEDING

32 93 00 EXTERIOR PLANTS

DI VI SI ON 33 - UTI LI TI ES

33 30 00 SANITARY SEWERS

33 40 00 STORM DRAINAGE UTILITIES

33 71 02 UNDERGROUND ELECTRICAL DISTRIBUTION

DI VI SI ON 35 - WATERWAY AND MARI NE CONSTRUCTI ON

35 22 26 ELECTRICALLY POWERED RISING STEM SLIDE GATE (SLUICE

GATES) AND FLAP GATES

35 22 28 MANUALLY OPERATED NON-RISING STEM SLIDE GATES (SLUICE

GATES)

35 31 19 STONE RIPRAP CONSTRUCTION

35 41 00 LEVEE CONSTRUCTION

35 45 02.00 10 SUBMERSIBLE PUMP, AXIAL-FLOW AND MIXED-FLOW TYPE

DI VI SI ON 40 - PROCESS I NTERCONNECTI ONS

40 77 23 VIBRATION MONITORING OF STRUCTURES

PROJECT TABLE OF CONTENTS Page 3

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PROJECT TABLE OF CONTENTS Page 4

PROCUREMENT AND

CONTRACTING

REQUIREMENTS

SECTION 00 00 01

COVER SHEET

08/18

PART 1 GENERAL

NEW YORK DI STRI CT

CORPS OF ENGI NEERS

NEW YORK, NEW YORK 10278- 0090

I NVI TATI ON FOR BI DS

FOR

HURRI CANE AND STORM DAMAGE REDUCTI ON PROJECT

RARI TAN BAY + SANDY HOOK BAY, PHASE I I - CONTRACT 5

PORT MONMOUTH, NEW JERSEY

1. Attached is INVITATION FOR BIDS (IFB) NO. W912DS-22-B-0003

2. BIDS MUST BE SET FORTH full, accurate, and complete information as required by this Invitation for Bids, including attachments. The penalty for making false statements in bids is prescribed under Title 18, United States Code, Section 1001.

3. SUBMISSION OF BIDS: Complete details concerning proper submission of bids are contained in the INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS (Section 00 21 16 ).

4. Note the REQUIREMENT FOR AFFIRMATIVE ACTION of the EQUAL OPPORTUNITY clause as it applies to the contract resulting from this solicitation. (See paragraph NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY in Section 00 21 16 of this IFB).

5. REPRESENTATIONS AND CERTIFICATIONS - SECTION 00 45 00 Bidders and Offerors are required to complete the REPRESENTATIONS AND CERTIFICATIONS and submit them with their bids.

Within Section 00 45 00 , note in particular the PROHIBITION SEGREGATED FACILITIES. Failure of a bidder or offeror to agree to the certification will render his bid or offer non-responsive to the terms of solicitations involving awards of contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause

(1984 APR).

6. THIS PROJECT IS A CIVIL WORKS PROGRAM PROCUREMENT AND IS NOT FUNDED BY

THE DEPARTMENT OF DEFENSE. BUY AMERICAN ACT - CONSTRUCTION MATERIALS

(MAY 1993) IN ACCORDANCE WITH FAR 52.225-5 APPLIES.

7. Please review all bonds and accompanying documents required to be submitted. Bonds, Powers of Attorney, statements of authenticity and continuing validity, and all related documents MUST NOT bear computer printer-generated signatures and/or seals. Documents bearing signatures and/or seals generated as part of a document, as opposed to being affixed to the document after its generation, will not be

DOCUMENT 00 00 01 Page 1 accepted. Submission of such documents may render the bid or offer non-responsive and ineligible for award.

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DOCUMENT 00 00 01 Page 2

SECTION 00 00 02

CHECK LIST FOR BIDDERS

01/18

PART 1 GENERAL

ATTACHED IS IFB NO. W912DS-22-B-0003

HURRI CANE AND STORM DAMAGE REDUCTI ON PROJECT

RARI TAN BAY + SANDY HOOK BAY, PHASE I I - CONTRACT 5

PORT MONMOUTH, NEW JERSEY

ALL INFORMATION REQUIRED BY THE TERMS OF THIS SOLICITATION MUST BE

FURNISHED. MISTAKES OR OMISSIONS MAY RENDER YOUR OFFER INELIGIBLE FOR

AWARD. IMPORTANT ITEMS FOR YOU TO CHECK ARE INCLUDED IN BUT NOT LIMITED

TO THOSE LISTED BELOW. THIS INFORMATION IS FURNISHED ONLY TO ASSIST YOU

IN SUBMITTING A PROPER BID

____HAVE YOU ACKNOWLEDGED ALL AMENDMENTS?

____HAVE YOU COMPLETED THE "REPRESENTATIONS AND CERTIFICATIONS" (SECTION

00 45 00) PORTION OF THE SOLICITATION?

____IS YOUR DUNS NUMBER LISTED ON THE STANDARD FORM 1442?

____IS YOUR BID GUARANTEE PROPERLY SIGNED BY BOTH THE BIDDER AND SURETY

AND ARE ALL SEALS AFFIXED?

____DO THE BID BOND AND ACCOMPANYING DOCUMENTS BEAR SIGNATURES AND SEALS

AFFIXED AFTER THE DOCUMENT WAS GENERATED, AS OPPOSED TO COMPUTER

PRINTER-GENERATED SIGNATURES AND/OR SEALS?

____HAVE YOU ENSURED THAT YOU HAVE NOT RESTRICTED YOUR OFFER BY ALTERING

THE PROVISIONS OF THE SOLICITATION?

____WHEN REQUIRED, HAVE YOU ENTERED A UNIT PRICE FOR EACH PRICE ITEM?

(THE SOLICITATION SPECIFICALLY STATES WHEN THIS IS NECESSARY.)

____ARE DECIMALS IN YOUR PRICES IN THE PROPER PLACE? ARE YOUR FIGURES

LEGIBLE?

____IF YOU HAVE MADE ERASURES OR CORRECTIONS ON YOUR BID, ARE THEY

INITIALED BY THE PERSON SIGNING THE BID?

____DOES THE ENVELOPE CONTAINING YOUR BID PROPERLY IDENTIFY THAT IT IS A

SEALED BID AND DOES IT CONTAIN THE CORRECT SOLICITATION NUMBER AND BID

OPENING TIME?

____WILL YOUR OFFER ARRIVE ON TIME? (SEE PARAGRAPH ENTITLED "LATE

SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS" IN THE

INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS, SECTION 00 21 16 OF

THE SOLICITATION.)

NOTE: THERE ARE INCREASED SECURITY MEASURES AT JACOB K. JAVITS

FEDERAL BUILDING, 26 FEDERAL PLAZA THAT MAY AFFECT THE TIME IT TAKES

TO ENTER THE BUILDING. BIDDERS IS RESPONSIBLE TO ENSURE THAT ITS BID

IS SUBMITTED TIMELY.

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PART 2 PRODUCTS

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PART 3 EXECUTION

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DOCUMENT 00 00 02 Page 2 03/17/22

SECTION 00 10 00

SF 1442 AND BIDDING SCHEDULE

12/17

PART 1 GENERAL

1.1 SF 1442 SOLICITATION, OFFER, AND AWARD

To be provided by Contracting Division.

1.2 BID SCHEDULE

To be provided by Contracting Division.

PART 2 PRODUCTS

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PART 3 EXECUTION

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SECTION 00 21 16

INSTRUCTIONS, CONDITIONS, AND NOTICE TO BIDDERS

09/16

PART 1 GENERAL

1.1 NOTE:

To be provided by Contracting Division.

PART 2 PRODUCTS

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PART 3 EXECUTION

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DOCUMENT 00 21 16 Page 2

SECTION 00 22 10

TECHNICAL PROPOSAL DESIGN -BID-BUILD SELECTION PROCEDURES

09/17

PART 1 GENERAL

1.1 NOTE:

To be provided by Contracting Division.

PART 2 PRODUCTS

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PART 3 EXECUTION

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DOCUMENT 00 22 10 Page 2

SECTION 00 24 00

EVALUATION FACTORS FOR AWARD

06/17

PART 1 GENERAL

1.1 NOTE:

To be provided by Contracting Division.

PART 2 PRODUCTS

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PART 3 EXECUTION

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SECTION 00 31 24.01 18

FEDERAL CONSISTENCY DETERMINATION/ WATER QUALITY CERTIFICATION

10/17

PART 1 GENERAL

1.1 DESCRIPTION

(To be inserted)

PART 2 PRODUCTS

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PART 3 EXECUTION

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DOCUMENT 00 31 24.01 18 Page 2

October 27, 2021

Peter Weppler

Chief, Environmental Analysis Branch

Department of the Army

New York District, Corps of Engineers

Jacob K. Javits Federal Building

26 Federal Plaza

New York, NY 10278

William Dixon, Director NJDEP Division of Coastal Engineering

Office of Climate and Flood Resilience

1510 Hooper Avenue, Suite 140

Toms River, NJ 08753

RE: Project Description: Federal Consistency and Water Quality Certificate

File and Activity No.: 1331-14-0001.7 CDT210001

Applicants: Department of the Army and NJDEP Division of Coastal Engineering

Project: Hurricane and Storm Damage Reduction Project, Phase II Contract 5 Block(s) and Lot(s): [133, 1.01] [133, 11] [133, 12] [135, 8] [135, 9] [136, 1] [136, 2]

[136, 3] [136, 4] [136, 5] [136, 6] [136, 7] [137, 1] [137, 2.06] [138, 1.01] [139, 6.02]

[139, 7] [24, 1.01] [25, 1.01] [26, 2.01] [26, 2.16]

Municipality: Middletown Twp; County: Monmouth

Dear Mr. Weppler and Mr. Dixon:

The New Jersey Department of Environmental Protection (NJDEP), Division of Land Resource

Protection (Division), acting under Section 307 of the Federal Coastal Zone Management Act (P.L. 92-

583) as amended, has reviewed the Army Corps of Engineers (ACOE) and NJDEP Division of Coastal

Engineering’s (NJDEP DCE) request for authorization to construct Phase II Contract 5 of the Port

Monmouth Hurricane and Storm Damage Reduction Project..

The Division has determined that the project is conditionally consistent with New Jersey’s

Coastal Zone Management Rules N.J.A.C. 7:7-1.1 et seq., (amended on July 8, 2020), and the applicable

Rules guiding issuance for a Section 401 Water Quality Certificate, provided that the conditions outlined below are met to the satisfaction of the Department of Environmental Protection.

PHILIP D. MURPHY DEPARTMENT OF ENVIRONMENTAL PROTECTION SHAWN M. LATOURETTE

Governor Commissioner

SHEILA Y. OLIVER

Lt. Governor

New Jersey is an Equal Opportunity Employer l Printed on Recycled Paper and Recyclable

Watershed & Land Management

Mail Code 501-02A

P.O. Box 420

Trenton, New Jersey 08625-0420 www.nj.gov/dep/landuse

1331-14-0001.7CDT210001 2

Project Description

Phase II of the ACOE/NJDEP DCE Port Monmouth Hurricane and Storm Damage Reduction

Project consists of five separate contracts, located in Middletown Township, Monmouth County. Phase II

Contract 5 consists of specific flood risk management components. Specifically, the work entails the construction of a 2,036 foot floodwall and a segment of levee that will extend approximately 2,472 feet north from Broadway along the western edge of Compton Creek marsh to the Raritan/Sandy Hook Bay shoreline dune. In addition, the applicant proposes to elevate a 600 foot long section of Port Monmouth

Road, a pump station, two drainage outlet structures, a drainage culvert and a drainage system comprised of a swale pipe and culvert along Braindard Avenue. This consistency determination is issued subject to compliance with the specific conditions below.

The work is show on site plans on six (6) sheets, sheets C5-001, C5-002, C5-003, C5-004, C4-

005, C5-006, entitled: “HURRICANE AND STORM DAMAGE REDUCTION RARITAN BAY AND

SANDY HOOK BAY PHASE II, CONTRACT 5 U.S. ARMY CORP OF ENGINEERS CONTRACT

No.W912DS-16-C-0017”, dated June 9, 2021, last revised July 15, 2021 and prepared by Bhavin Gandhi and on fourteen (14) sheets, prepared by US Army Corps of Engineers, undated and unrevised, entitled:

“HURRICANE AND STORM DAMAGE REDUCTION, RARITAN BAY AND SANDY HOOK BAY,

PHASE II, CONTRACT 5, PORT MONMOUTH, NEW JERSEY”

“SITE PLAN”, sheets C-101A to C-101G, “UTILITY PLAN”, sheet C-102, “PROJECT PROFILE”, sheet C-201, “ROAD RAISING, PLAN AND PROFILE”, sheet C-202, “INTERIOR DRAINAGE PROFILE”, sheet C-203, “SHEETPILE WALL PROFILES”, sheet C-205, “SITE DETAILS”, sheet C-503 and

“STORMWATER DETAILS”, sheet C-506.

This consistency determination is issued subject to compliance with the following conditions:

1. Upon completion of the project, all temporary disturbed areas shall be restored to pre-disturbance conditions.

2. This Federal Consistency Determination authorizes work only on properties where the property owner has authorized work on their properties. Work on additional lots may require additional permits and approval from appropriate property owners.

3. A timing restriction from March 1 through June 30 is imposed on all in water work for each given year for the protection of anadromous species.

4. Construction equipment shall not be stored, staged or driven within any channel, wetland or transition area, unless expressly approved by this determination and/or described on the approved plans.

5. Protective mats shall be used in the access areas within the coastal wetlands to eliminate ground furrowing or rutting.

6. All excavated material shall be disposed of in a lawful manner. For example, it should be placed outside of any flood hazard area, riparian zone, regulated water, freshwater wetland and adjacent

1331-14-0001.7CDT210001 3

transition area, and in such a way as to not interfere with the positive drainage of the receiving area.

7. All foundations, slabs, footings and walls of the proposed structure/s shall be designed to resist uplift, flotation, collapse and displacement due to hydrostatic and hydrodynamic forces resulting from flooding up to an elevation of one foot above the flood hazard area design flood elevation.

Furthermore, all structural components shall be designed to resist the same forces.

8. The Department has determined that this project meets the requirements of the Stormwater

Management rules at N.J.A.C. 7:8. Any future expansion or alteration of the approved stormwater management system, which would affect water quality, increase the rate or volume of stormwater leaving the site, affect the infiltration capacity on the site, or alter the approved low impact site design, shall be reviewed and approved by the Department prior to construction. This includes any proposed changes to the discharge characteristics of any basin, the construction of new inlets or pipes that tie into the storm sewer network and/or the replacement of existing inlets or pipes with structures of different capacity.

9. The applicant shall make specific arrangements to ensure the continuous maintenance and efficient operation of all proposed stormwater management measures onsite. This includes the inspection (and cleaning where necessary) of any and all constructed swales and inlets at least four times per year and after every major storm totaling 1 inch of rainfall or more, the use of appropriate soil conservation practices onsite, and any other reasonable effort required to maintain the stormwater management system in good working order.

Freshwater/Coastal Wetland Mitigation Conditions:

1. The permittee shall mitigate for the following impacts:

a. Permanent disturbance: 0.378 acres of scrub/shrub and 0.587 acres of freshwater emergent wetlands; and 6.926 acres of coastal wetlands; through an on-site or off-site creation, restoration or enhancement project or with the purchase of credits from a mitigation bank serving the appropriate watershed management area in accordance with the mitigation hierarchy. (N.J.A.C. 7:7-17.11/N.J.A.C. 7:7A-11 et seq); and

b. Temporary disturbance: 0.172 acres of scrub shrub and 0.746 acres of emergent freshwater wetlands and 3.476 acres of coastal wetlands through an onsite restoration project

2. At least 90 days prior to the initiation of regulated activities authorized by this permit, the permittee shall submit a mitigation proposal AND a restoration plan for onsite temporary impacts to the Division of Watershed Protection and Restoration (Division) for review and approval.

Activities authorized by this permit shall not begin until the permittee has obtained written approval of a mitigation plan from the Department (N.J.A.C. 7:7-17.7/N.J.A.C. 7:7A-11.6(a)).

NOTE: Continue to work with the Mitigation Unit to finalize plans for offsite mitigation projects.

3. All mitigation shall be conducted prior to or concurrent with the construction of the approved project, with the exception of the temporary restoration which shall be conducted immediately upon completion of the activities which caused the temporary impacts. (N.J.A.C.

7:7-17.3/N.J.A.C. 7:7A-11.3(a)). Concurrent means that at any given time, the mitigation must track at the same or greater percentage of completion as the project as a whole.

1331-14-0001.7CDT210001 4

4. If the permittee fails to perform mitigation within the applicable time-period the acreage of mitigation required shall be increased by 20 percent each year after the date mitigation was to begin (N.J.A.C. 7:7A-11.3(c)).

5. If the applicant is considering obtaining land to satisfy a mitigation requirement, the Department strongly recommends that the permittee obtain the Division’s conceptual review and approval of any land being considered as a potential mitigation area.

6. If the permittee is purchasing credits from a mitigation bank to satisfy a mitigation requirement, prior to the initiation of regulated activities authorized by this permit, the permittee shall submit proof of purchase for 1.70 mitigation credits from an approved wetland mitigation bank to the attention of the Mitigation Unit Supervisor, NJDEP, Division of Watershed Management and Restoration at Mail Code 501-02A, P.O. Box 420, Trenton, NJ 08625-0420.

At this time, the following bank(s) are approved to serve the project area; additional banks may be approved at any time, so please contact the Mitigation unit for the most up to date service area information if you would like additional options.

Marsh Bog Brook 1 and 2 Mitigation Bank – Contact Mark Renna of Evergreen

Environmental, LLC at (201)644-7302 (office) or 973-356-7164 or at mrenna@evergreenenv.com OR

Manasquan River Mitigation Bank - Contact Doug Lashley of GreenVest/Cranbury LLC at 410-987-5500 or at Doug@greenvestus.com

7. If the permittee is considering conducting a creation, restoration or enhancement project, the following conditions shall apply:

a. Prior to the initiation of regulated activities authorized by this permit the permittee shall submit a final design of the mitigation project for approval and include all of the items listed on the checklist entitled Checklist for Completeness: Creation, Restoration or Enhancement for a Freshwater Wetland Mitigation Proposal located at http://www.nj.gov/dep/landuse/forms/index.html.

b. Prior to the completion of the mitigation project, the permittee shall complete, sign and file with the County Clerk (the Registrar of Deeds and Mortgages in some counties), a conservation restriction that meets the requirements of N.J.A.C. 7:17-18.2(b))/N.J.A.C. 7:7A-

12.1. The conservation restriction shall include the wetland and required transition area and conform to the format and content of the Wetlands Mitigation Area model conservation restriction that is available at: http://www.nj.gov/dep/landuse/forms/index.html. The applicant is required to include a metes and bounds description shown on a map. Within 180 days of the issuance of the mitigation approval, the recorded conservation restriction shall be provided to the Mitigation Unit, Division of Watershed Management and Restoration for verification.

(N.J.A.C. 7:17-18.2(b)/N.J.A.C. 7:7A-12.1 et. seq.)

c. The permittee shall notify the Mitigation Unit at the Division of Watershed Management and Restoration in writing at least 30 days prior to the start of construction of the wetland mitigation project to arrange an on-site pre-construction meeting among the permittee, the contractor, the consultant and the Division.

d. To ensure the intent of the mitigation design and its predicted wetland hydrology is realized in the landscape, the mitigation designer shall be present on-site during all critical stages of mitigation construction and during the restoration of any temporarily impacted areas. Critical mailto:mrenna@evergreenenv.com mailto:Doug@greenvestus.com http://www.nj.gov/dep/landuse/forms/chkmitig.pdf http://www.nj.gov/dep/landuse/forms/chkmitig.pdf http://www.nj.gov/dep/landuse/forms/index.html

1331-14-0001.7CDT210001 5

stages of construction include but are not limited to herbicide applications, earthmoving activities, planting, and inspections.

e. The permittee shall be responsible for ensuring that best management practices are used throughout construction to control the spread and colonization of highly invasive plants.

Specifically, all equipment, especially tracks and tires, must be thoroughly cleaned every time equipment or vehicles move from an area containing invasive plants or from off-site to the mitigation area. In addition, soil containing root fragments and above-ground vegetative material from invasive plants shall be carefully managed during earthmoving activities and disposed of at a suitable off site location rather than mulched and reused or stockpiled elsewhere on the site. For information on the specific species that are considered to be invasive, please refer to the Invasive Plant Atlas at http://www.invasiveplantatlas.org/index.html.

f. If changes to the mitigation design are necessary to ensure success of the project as a result of on-site conditions, the mitigation designer shall immediately notify the Division in writing and submit an alternative plan which achieves the proposed wetland conditions. The Division shall review the plan in accordance with N.J.A.C. 7:7A-11.7. Any modifications to the plan that are reviewed and approved by the Division must be shown on a signed and sealed revised plan. The As-Built plans required as a part of the Construction Completion Report may serve as the signed and sealed revised plan required to be submitted as part of the construction modification process described above if time constraints warrant such action and have been approved by the Division in writing.

g. Within 30 days of final grading of the mitigation site and prior to planting, the permittee shall notify the Mitigation Unit at the Division of Watershed Management and Restoration in writing to arrange a post-grading construction meeting among the permittee, contractor, consultant and the Division.

h. Within 30 days following the final planting of the mitigation project, the permittee shall submit a Construction Completion Report to the Division detailing as-built conditions (see below) and any changes to the approved mitigation plan that were made during construction (N.J.A.C. 7:7-17.11(h)/N.J.A.C. 7:7A-11.12). The Construction Completion Report shall contain, at a minimum, the following information:

i. A completed Wetland Mitigation Project Completion of Construction Form. This form is located at http://www.nj.gov/dep/landuse/forms/index.html and certifies that the mitigation project has been constructed as designed and that the proposed area of wetland creation, restoration or enhancement has been accomplished;

ii. As-Built plans which depict final grade elevations at one foot contours and include a table of the species and quantities of vegetation that were planted including any grasses that may have been used for soil stabilization purposes; and

iii. Photos of the constructed wetland mitigation project with a photo location map as well as the GPS waypoints in NJ state plane coordinates NAD 1983.

j. Within 30 days following final planting of the mitigation project, the permittee shall post the mitigation area with permanent signs which identify the site as a wetland mitigation project and that all-terrain vehicle use, motorbike use, mowing, dumping, draining, cutting and/or removal of plant materials is prohibited and that violators shall be prosecuted and fined to the fullest extent under the law. The signs must also state the name of the permittee, a contact name and phone number, and the Department’s permit number.

http://www.invasiveplantatlas.org/index.html http://www.nj.gov/dep/landuse/forms/mit_constcomplform.pdf

1331-14-0001.7CDT210001 6

k. The permittee shall monitor all freshwater wetland and transition area projects for a minimum of 5 years, unless otherwise stipulated within the approved mitigation proposal, beginning the first full growing season after the mitigation project has been completed. The permittee shall submit monitoring reports to the Division of Watershed Management and Restoration no later than December 31st of each full monitoring year (N.J.A.C. 7:7- 17.13(e)/N.J.A.C. 7:7A-11.12(g)). All monitoring reports must include the standard items identified in the checklist entitled, “Wetland Mitigation Monitoring Project Checklist”, which can be found at http://www.nj.gov/dep/landuse/forms/index.html.

8. Once the required monitoring period has expired and the permittee has submitted the final monitoring report, the Division will make the finding that the mitigation project is either a success or a failure. This mitigation project will be considered successful if the permittee demonstrates all of the following:

i. That the goals of the wetland mitigation project, including acreage and the required transition area, as stated in the approved wetland mitigation proposal and the permit have been satisfied. The permittee shall submit a field wetland delineation of the wetland mitigation project based on the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (1989) which shows the exact acreage of State open waters, emergent, scrub/shrub and/or forested wetlands in the mitigation area;

ii. The site has an 85 percent survival and 85 percent area coverage of the mitigation plantings or target hydrophytes, which are species native to the area and similar to ones identified on the mitigation planting plan. All plant species in the mitigation area must be healthy and thriving and all trees must be at least five feet in height;

iii. The site has less than 10 percent coverage by invasive or noxious species.

iv. The site contains hydric soils or there is evidence of reduction occurring in the soil;

and,

v. The proposed hydrologic regime as specified in the mitigation proposal has been satisfied.

m. The permittee is responsible for assuming all liability for any corrective work necessary to meet the success criteria established above (N.J.A.C. 7:7-17.13(h)/N.J.A.C. 7:7A-11.12(i)).

The Division will notify the permittee in writing if the mitigation project is considered a failure. Within 30 days of notification, the permittee shall submit a revised mitigation plan to meet the success criteria identified above for Division review and approval.

Intertidal and Subtidal Shallows or Tidal Wetlands Mitigation Conditions-non single family:

1. Within 30 days of issuance of this permit, the permittee shall submit a mitigation proposal to mitigate for the loss of 0.028 acres of intertidal and subtidal shallows to the Division of

Watershed Preservation and Restoration for review and approval.

NOTE: It may be possible to incorporate this mitigation with the coastal wetland mitigation.

Continue to work with the Mitigation Unit to finalize plans for offsite mitigation projects.

2. All mitigation shall be conducted prior to or concurrent with the construction of the approved project (N.J.A.C. 7:7-17.3). Concurrent means that at any given time, the mitigation must track at the same or greater percentage of completion as the project as a whole.

1331-14-0001.7CDT210001 7

3. The permittee shall mitigate for the loss of 0.028 acres of intertidal and subtidal shallows through the creation of intertidal and subtidal shallows, at a creation to loss ratio of 1:1, on the site where the filling occurred.

4. If mitigation for the filling of intertidal and subtidal shallows is not feasible onsite then mitigation shall be performed offsite through the creation of intertidal and subtidal shallows at a ratio of 1:1 within the same estuary as the site of the filling or through the purchase of in-kind credits form a mitigation bank with a service area that includes the site of the filling.

5. If mitigation for the filling of intertidal and subtidal shallows is not feasible onsite or offsite, then mitigation shall be in the form of restoration, creation, or enhancement of a wetland within the same estuary as the site of the filling in accordance with N.J.A.C. 7:7-17.13 or through the purchase of out-of-kind wetland credits from a mitigation bank with a service area that includes the site of the filling.

6. If the permittee is purchasing credits from a mitigation bank to satisfy a mitigation requirement

(see N.J.A.C. 7:17.11(d)), the permittee shall submit proof of purchase for 0.028 mitigation credits from an approved wetland mitigation bank to the attention of the Mitigation Unit

Supervisor, NJDEP, Division of Land Resource Protection at Mail Code 501-02A, P.O. Box 420, Trenton, NJ 08625-0420.

As of the date of this permit, there are no mitigation banks serving your project area that sell ISS credits Additional banks may be approved at any time, so please contact the Mitigation Unit for the most up to date service area information if you would like additional options.

7. If mitigation for the filling of intertidal and subtidal shallows is not feasible, then mitigation shall be in the form of one or both of the following, as determined in consultation with the Department:

a. Upland preservation in accordance with the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-15.9; or

b. In-lieu fee payment in accordance with N.J.A.C. 7:7-17.16.

8. If mitigation for the filling of intertidal and subtidal shallows as described above is not feasible, then mitigation shall be in the form of a land donation in accordance with the Freshwater

Wetlands Protection Act Rules at N.J.A.C. 7:7A-15.19.

9. If the permittee is proposing to construct an on-site intertidal subtidal shallows creation project, (see N.J.A.C. 7:17.11(b)) one acre of creation must be performed for each acre disturbed. If the permittee is proposing to mitigate through off-site creation, restoration or enhancement project, or by purchasing credits from a mitigation bank serving the area an enhancement or creation project, the ratio of disturbance to mitigation required shall be in accordance with N.J.A.C. 7:7-17.11(c) through (g). If proposing onsite or offsite mitigation, provide the following:

a. Within 30 days of the issuance of this permit, submit for review and approval, a conceptual plan showing the location and proposed hydrology of the mitigation site; and

b. Within 30 days of receiving Division approval of the conceptual mitigation proposal, submit a final design of the mitigation project.

1331-14-0001.7CDT210001 8

10. The following requirements will apply to an onsite or offsite intertidal subtidal shallows mitigation project:

a. Obtain a secured bond, or other financial surety acceptable to the Department, and in an amount consistent with the requirements at N.J.A.C. 7:7-17.

b. Complete, sign and file with the County Clerk (the Registrar of Deeds and Mortgages in some counties), a conservation restriction protecting the mitigation site that meets the requirements of N.J.A.C. 7:7-18.

c. Notify the Mitigation Unit at the Division of Land Resource Protection in writing at least 30 days prior to the start of construction of the wetland mitigation project to arrange an on-site pre-construction meeting among the permittee, the contractor, the consultant and the Division.

d. In accordance with N.J.A.C. 7:7-17.11(h), within 60 days following the completion of the mitigation project, submit a Construction Completion Report to the Division detailing as-built conditions (see below) and any changes to the approved mitigation plan that were made during construction (N.J.A.C. 7:7-17.11(h)). The Construction Completion Report shall contain, at a minimum, the following information:

i. A completed Wetland Mitigation Project Completion of Construction Form that certifies the mitigation project has been constructed as designed and that the proposed area of wetland creation, restoration or enhancement has been accomplished. This form is located at on the Division’s website at: www.nj.gov/dep/landuse in the Mitigation tab of

Forms & Checklists.

ii. An as-built plan of the completed mitigation area showing grading and any structures included in the approved mitigation proposal;

iii. Photographs, both pre and post construction, of the intertidal and subtidal shallows mitigation project including a photo location map as well as the GPS waypoints in NJ state plane coordinates NAD 1983; and

(1) For ISS creation projects only, provide documentation that the mitigation site meets the definition of an intertidal and subtidal shallow as defined at N.J.A.C. 7:7-9.15;

and

(e) Monitor the mitigation site in accordance with N.J.A.C. 7:7-17.11(i), (j), and (k).

11. Once the required monitoring period has expired and the permittee has submitted the final monitoring report, the Division will make the finding that the mitigation project is either a success or a failure (see N.J.A.C. 7:7-17.11(k)). This mitigation project will be considered successful if the permittee demonstrates all of the following:

i. That the goals of the ISS mitigation project, including acreage as stated in the approved mitigation proposal and the permit, have been satisfied. The permittee shall submit a field delineation of the ISS mitigation project which shows the exact acreage of ISS in the mitigation area;

http://www.nj.gov/dep/landuse

1331-14-0001.7CDT210001 9

ii. The mitigation site is an intertidal and subtidal shallows area, as defined at N.J.A.C. 7:7-

9.15, or tidal water. The documentation shall include tidal data, topography for the spring high tide line, photographs, and field observation notes collected throughout the monitoring period;

iii. The mitigation meets all applicable requirements of Subchapter 17 of the Coastal Zone

Management Rules (N.J.A.C. 7:7-17);

iv. The mitigator has executed and recorded a conservation restriction that meets the requirements of N.J.A.C. 7:7-18.

12. The permittee is responsible for assuming all liability for any corrective work necessary to meet the success criteria established above (N.J.A.C. 7:7-17.13(h)). The Division will notify the permittee in writing if the mitigation project is a failure and the permittee shall submit a revised mitigation plan or alternative mitigation proposal to satisfy the mitigation requirement. No financial surety will be released until such time that the permittee satisfies the success criteria.

If you have any questions regarding this letter, please contact Kara Turner by email at

Kara.Turner@dep.nj.gov or by phone at (609)633-7205. Please reference the Division’s file number in all communication.

Sincerely, Christopher Jones, Manager

Division of Land Resource Protection

Bureau of Coastal Permitting

CC: Colleen Keller, Assistant Director DLRP

SECTION 00 31 46

PERMITS

05/21

PART 1 GENERAL

1.1 DESCRIPTION

FRESHWATER WETLANDS PERMIT

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

-- End of Section --

DOCUMENT 00 31 46 Page 1

LEFT BLANK INTENTIONALLY

DOCUMENT 00 31 46 Page 2

Approval Date November 3, 2021

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 November 2, 2026

Permit Number(s):

1331-14-0001.7 LUP210001

Type of Approval(s):

FWW Individual Permit-Open Water (not SFH/Duplex) Water Quality Certificate

Governing Rule(s ):

N.J.A.C. 7:7A-1.1(a)

Permittee:

Peter Weppler U.S. Army Corps of Engineers – New York District 26 Federal Plaza – Room 2151 New York, NY 10278-0090

Kelley Staffieri NJDEP, Division of Coastal Engineering 1510 Hooper Ave Toms River, NJ 08753

Site Location:

Block(s) & Lot(s): [133, 1.01] [133, 11] [133, 12] [135, 8] [135, 9] [136, 1] [136, 2] [136, 3] [136, 4] [136, 5] [136, 6] [136, 7] [137, 1] [137, 2.06] [138, 1.01] [139, 6.02] [139, 7] [24, 1.01] [25, 1.01] [26, 2.01] [26, 2.16] Municipality: Middletown Twp County: Monmouth

Description of Authorized Activities:

This permit authorizes the permanent disturbance of 0.965 acres of freshwater wetlands and 0.339 acres of transition area and the temporary disturbance of 0.918 acres of freshwater wetlands and 1.072 acres of transition area for the flood control project under a Freshwater Wetlands Individual Permit. This authorization to conduct activities in freshwater wetlands and/or waters includes the issuance of a Water Quality Certificate.

Prepared by:

Ryan J. Anderson

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 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

P E R M I T

DLRP File No. 1331-14-0001.7 LUP210001 Page 2 of 9 Army Corps of Engineers – Port Monmouth Flood Control Project – Phase II, Contract 5

Page 2 of [insert]

STATEMENT OF AUTHORIZED IMPACTS:

The authorized activities allow for the permittee to undertake impacts to regulated areas as described below. 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. 7:7A-22.

FWW Individual Permit- Open Water (not

SFH/Duplex) Permanent Disturbance

(Acres) Temporary Disturbance

(Acres)

Freshwater wetlands 0.965 0.918

Transition areas 0.339 1.072

State open waters 0 0

PRECONSTRUCTION PERMIT CONDITIONS:

1. Prior to the commencement of any site preparation, clearing, grading or construction the applicant is responsible for installing and maintaining a silt fence sediment barrier around all soils disturbed by construction, which are sufficient to prevent the sedimentation of the wetlands and transition areas.

These fences shall serve as both a siltation and debris barrier as well as a physical barrier protecting the undisturbed regulated areas from encroachment by construction vehicles or activities. All sediment barriers and other soil erosion control measures shall be maintained on a daily basis in proper working condition throughout the entire duration of the project until such time that the site is stabilized.

2. The permittee shall obtain all necessary consent from affected off-site and easement property owners.

No work is to occur without proper permissions.

FRESHWATER WETLANDS PERMIT CONDITIONS:

1. This permit authorizes the permanent disturbance of 0.965 acres of freshwater wetlands and 0.339 acres of transition area and the temporary disturbance of 0.918 acres of freshwater wetlands and 1.072 acres of transition area for the flood control project under a Freshwater Wetlands Individual Permit.

The wetlands affected by this permit authorization are of Intermediate resource value and the standard transition area or buffer required adjacent to these wetlands is 50 feet. Any additional un-permitted disturbance of freshwater wetlands, State open waters and/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 proposed disturbance.

2. If the permittee, before or during the work authorized, encounters a possible historic property, as described at N.J.A.C. 7:7A-12.2(l), that is or may be eligible for listing in the New Jersey or National Register, the permittee shall preserve the resource, and immediately notify the Department and proceed as directed.

3. This authorization for a Freshwater wetland Individual Permit (FWIP) is valid for a term not to exceed five (5) years from the date of this letter. If the permittee wishes to continue an activity

DLRP File No. 1331-14-0001.7 LUP210001 Page 3 of 9

Page 3 of [insert] covered by the permit after the expiration date of the permit, the permittee must apply for and obtain a permit extension or a new permit, prior to the permit’s expiration.

FRESHWATER/COASTAL WETLAND MITIGATION PERMIT CONDITIONS:

1. The permittee shall mitigate for the following impacts (note that the coastal wetlands impacts are authorized under a Federal Consistency (File #1331-14-0001.7 CDT210001):

a. Permanent disturbance: 0.378 acres of scrub/shrub and 0.587 acres of freshwater emergent wetlands; and 6.926 acres of coastal wetlands; through an on-site or off-site creation, restoration or enhancement project or with the purchase of credits from a mitigation bank serving the appropriate watershed management area in accordance with the mitigation hierarchy. (N.J.A.C. 7:7-17.11/N.J.A.C. 7:7A-11 et seq); and

b. Temporary disturbance: 0.172 acres of scrub shrub and 0.746 acres of emergent freshwater wetlands and 3.476 acres of coastal wetlands through an onsite restoration project

2. At least 90 days prior to the initiation of regulated activities authorized by this permit, the permittee shall submit a mitigation proposal AND a restoration plan for onsite temporary impacts to the Division of Watershed Protection and Restoration (Division) for review and approval.

Activities authorized by this permit shall not begin until the permittee has obtained written approval of a mitigation plan from the Department (N.J.A.C. 7:7-17.7/N.J.A.C. 7:7A-11.6(a)).

NOTE: Continue to work with the Mitigation Unit to finalize plans for offsite mitigation projects.

3. All mitigation shall be conducted prior to or concurrent with the construction of the approved project, with the exception of the temporary restoration which shall be conducted immediately upon completion of the activities which caused the temporary impacts. (N.J.A.C.

7:7-17.3/N.J.A.C. 7:7A-11.3(a)). Concurrent means that at any given time, the mitigation must track at the same or greater percentage of completion as the project as a whole.

4. If the permittee fails to perform mitigation within the applicable time-period the acreage of mitigation required shall be increased by 20 percent each year after the date mitigation was to begin (N.J.A.C. 7:7A-11.3(c)).

5. If the applicant is considering obtaining land to satisfy a mitigation requirement, the Department strongly recommends that the permittee obtain the Division’s conceptual review and approval of any land being considered as a potential mitigation area.

6. If the permittee is purchasing credits from a mitigation bank to satisfy a mitigation requirement, prior to the initiation of regulated activities authorized by this permit, the permittee shall submit proof of purchase for 1.70 mitigation credits from an approved wetland mitigation bank to the attention of the Mitigation Unit Supervisor, NJDEP, Division of Watershed Management and Restoration at Mail Code 501-02A, P.O. Box 420, Trenton, NJ 08625-0420.

At this time, the following bank(s) are approved to serve the project area; additional banks may be approved at any time, so please contact the Mitigation unit for the most up to date service area information if you would like additional options.

DLRP File No. 1331-14-0001.7 LUP210001 Page 4 of 9

Page 4 of [insert]

Marsh Bog Brook 1 and 2 Mitigation Bank – Contact Mark Renna of Evergreen Environmental, LLC at (201)644-7302 (office) or 973-356-7164 or at mrenna@evergreenenv.com OR

Manasquan River Mitigation Bank - Contact Doug Lashley of GreenVest/Cranbury LLC at 410-987-5500 or at Doug@greenvestus.com

7. If the permittee is considering conducting a creation, restoration or enhancement project, the following conditions shall apply:

a. Prior to the initiation of regulated activities authorized by this permit the permittee shall submit a final design of the mitigation project for approval and include all of the items listed on the checklist entitled Checklist for Completeness: Creation, Restoration or Enhancement for a Freshwater Wetland Mitigation Proposal located at http://www.nj.gov/dep/landuse/forms/index.html.

b. Prior to the completion of the mitigation project, the permittee shall complete, sign and file with the County Clerk (the Registrar of Deeds and Mortgages in some counties), a conservation restriction that meets the requirements of N.J.A.C. 7:17-18.2(b))/N.J.A.C. 7:7A-

12.1. The conservation restriction shall include the wetland and required transition area and conform to the format and content of the Wetlands Mitigation Area model conservation restriction that is available at: http://www.nj.gov/dep/landuse/forms/index.html. The applicant is required to include a metes and bounds description shown on a map. Within 180 days of the issuance of the mitigation approval, the recorded conservation restriction shall be provided to the Mitigation Unit, Division of Watershed Management and Restoration for verification.

(N.J.A.C. 7:17-18.2(b)/N.J.A.C. 7:7A-12.1 et. seq.)

c. The permittee shall notify the Mitigation Unit at the Division of Watershed Management and Restoration in writing at least 30 days prior to the start of construction of the wetland mitigation project to arrange an on-site pre-construction meeting among the permittee, the contractor, the consultant and the Division.

d. To ensure the intent of the mitigation design and its predicted wetland hydrology is realized in the landscape, the mitigation designer shall be present on-site during all critical stages of mitigation construction and during the restoration of any temporarily impacted areas. Critical stages of construction include but are not limited to herbicide applications, earthmoving activities, planting, and inspections.

e. The permittee shall be responsible for ensuring that best management practices are used throughout construction to control the spread and colonization of highly invasive plants.

Specifically, all equipment, especially tracks and tires, must be thoroughly cleaned every time equipment or vehicles move from an area containing invasive plants or from off-site to the mitigation area.