Specs_SEGR2T_-_East_Main.pdf

NEW YORK DISTRICT

GREEN BROOK FLOOD RISK MANAGEMENT PROJECT

GREEN BROOK SUB-BASIN OF THE RARITAN RIVER

SEGMENT R-2 EXTENSION, SEGMENT T RAISING AND

EAST MAIN STREET STORM SEWER IMPROVEMENTS

BOROUGH OF BOUND BROOK, NEW JERSEY

Specifications

OCTOBER 2013

Small Business Set - Aside

IFB NO. W912DS-14-B-0002

COVER SHEET

NEW YORK DISTRICT

CORPS OF ENGINEERS

NEW YORK, NEW YORK 10278-0090

INVITATION FOR BIDS

FOR

Green Brook Flood risk Management Project

Segment R-2 Extension and Segment T Extension

Borough of Bound Brook, New Jersey

1. Attached is INVITATION FOR BIDS (IFB) NO. W912DS-10B-0011

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 00100).

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 00100 of this IFB).

5. REPRESENTATIONS AND CERTIFICATIONS – SECTION 00600

Bidders and Offerors are required to complete the REPRESENTATIONS AND

CERTIFICATIONS and submit them with their bids.

Within Section 00600, note in particular the CERTIFICATION OF NON-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.

CHECKLIST - 1

US ARMY ENGINEER DISTRICT, NEW YORK

INVITATION FOR BIDS NO.

CHECK LIST FOR BIDDERS

ATTACHED IS IFB NO. W912DS-10-B-0011

Green Brook Flood RISK MANAGEMENT PROJECT

SEGMENT R-2 EXTENSION AND SEGMENT T RAISING

Borough of Bound Brook, 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 00600) PORTION OF THE SOLICITATION?

__IS YOUR DUNS NUMBER LISTED ON THE STANDARD FORM 1442?

__IS YOUR BID PROPERLY SIGNED?

__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?

CHECKLIST - 2

__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 00100

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.

MAIN TABLE OF CONTENTS

Green Brook Flood Risk Management Project

Segment R2 Extension, Segment T Raising and

East Main Street Storm Sewer Improvements

Borough of Bound Brook, New Jersey

SECTION TITLE

00 10 00 BID SCHEDULE INSTRUCTIONS, CONDITIONS, AND

NOTICE TO BIDDERS

00 60 00 REPRESENTATIONS AND CERTIFICATIONS

00 70 00 CONTRACT CLAUSES

00 80 00 SPECIAL CONTRACT REQUIREMENTS

DIVISION 00 – LIST OF DOCUMENTS

00 90 00 WAGE RATES

APPENDICES:

00 90 01 APPENDIX A – GUIDELINES FOR WORKING WITHIN OR IN

VICINITY OF NJ TRANSIT’S RIGHT-OF-WAY

00 90 02 APPENDIX B –CONSOLIDATED RAIL CORPORATION

SPECIFIC REQUIREMENTS FOR WORK ON ITS RIGHT-OF-

WAY CE-6

SPECIFICATIONS FOR PIPELINE OCCUPANCY CE - 8

SPECIFICATIONS FOR CONSTRUCTION OF RAILROAD

ROADBED CE – 75

MINIMUM ROADWAY CLEARANCES

00 90 03 APPENDIX C – NJ TRANSIT RAIL OPERATIONS

SPECIFICATIONS FOR STONE BALLAST

00 90 04 APPENDIX D – FULL DEPTH RUBBER GRADE CROSSING

00 90 05 APPENDIX E – STREAM ENCROACHMENT PERMIT

AND FRESHWATER WETLANDS PERMIT SEGMENT R-2

00 90 06 APPENDIX F – STREAM ENCROACHMENT PERMIT

AND FRESHWATER WETLANDS PERMIT SEGMENT T

00 90 07 APPENDIX G – NJ NEW JERSEY TRANSIT

SEGMENT T OCCUPANCY PERMIT NOVEMBER 2001

00 90 08 APPENDIX H – NEW JERSEY PERMIT EXTENSION ACT

SEPTEMBER 2012

00 90 09 APPENDIX I – BALD EAGLE GUIDELINES

DIVISION 01 - GENERAL REQUIREMENTS

01 12 00.00 18 DESIGN AND RECORD DRAWING REQUIREMENTS

01 32 01.00 18 PROJECT SCHEDULE

01 33 00.00 18 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 35 45.00 10 CHEMICAL DATA QUALITY CONTROL

01 45 02.00 18 QUALITY CONTROL SYSTEM (QCS)

01 45 04.00 18 CONTRACTOR QUALITY CONTROL

01 45 20.00 18 TESTING FOR MECHANICAL AND ELECTRICAL SYSTEMS

01 50 20.00 18 STREAM DIVERSION AND DEWATERING

01 57 19.00 18 ARCHAEOLOGICAL EXCAVATION

01 57 20.00 10 ENVIRONMENTAL PROTECTION FOR CIVIL WORKS

01 57 23.00 10 STORM WATER POLLUTION PREVENTION MEASURES

(EROSION AND SEDIMENTATION CONTROL)

01 74 19 CONSTRUCTION AND DEMOLITION WASTE

MANAGEMENT

01 78 00.00 18 CLOSEOUT SUBMITTALS

01 78 23.00 18 OPERATION AND MAINTENANCE DATA

DIVISION 03 - CONCRETE

03 11 14.00 10 FORMWORK FOR CONCRETE

03 15 14.00 10 EXPANSION, CONTRACTION AND CONSTRUCTION

JOINTS IN CONCRETE FOR CIVIL WORKS

03 20 02 STEEL BARS AND WELDED WIRE FABRIC FOR

CONCRETE REINFORCEMENT FOR CIVIL WORKS

03 31 01.00 10 CAST-IN-PLACE STRUCTURAL CONCRETE FOR CIVIL

WORKS

DIVISION 05 - METALS

05 05 23.00 14 WELDING, STRUCTURAL

05 12 00 STRUCTURAL STEEL

05 48 10 SLUICE GATE

05 49 10 FLAP GATE

05 50 03.00 10 METALWORK FABRICATION, MACHINE WORK,

MISCELLANEOUS PROVISIONS

05 50 04.00 10 METALS: MISCELLANEOUS, STANDARD ARTICLES,

SHOP FABRICATED ITEMS FOR CIVIL WORKS

STRUCTURES

DIVISION 06 – WOOD PLASTICS AND COMPOSITES

06 10 00 ROUGH CARPENTRY

DIVISION 09 – FINISHES

09 06 90 COLOR SCHEDULE

09 90 00 PAINTS AND COATINGS

09 97 02.01 12 PAINTING: COAL TAR EPOXY SYSTEM

DIVISION 23 – HEATING VENTILATING AND AIR CONDITIONING

23 00 00 AIR SUPPLY, DISTRIBUTION, VENTILATION, AND

EXHAUST SYSTEMS

DIVISION 26 - ELECTRICAL

26 00 00.00 20 BASIC ELECTRICAL MATERIALS AND METHODS

26 05 00.00 40 COMMON WORK RESULTS FOR ELECTRICAL

26 05 19.00 10 INSULATED WIRE AND CABLE

26 05 71.00 40 LOW VOLTAGE OVERCURRENT PROTECTIVE DEVICES

26 08 00 APPARATUS INSPECTION AND TESTING

26 08 00.00 10 SWITCHBOARDS AND PANELBOARDS

26 60 13.00 40 LOW VOLTAGE MOTORS

DIVISION 31 - EARTHWORK

31 00 00 EARTHWORK

31 05 22 GEOTEXTILES USED AS FILTERS

31 10 00 CLEARING FOR CIVIL WORKS

31 23 10.00 20 EXCAVATION, TRENCHING, AND BACKFILLING FOR

UTILITIES SYSTEMS

31 23 10.01 20 EXCAVATION, FILL AND BACKFILL FOR STRUCTURES

31 32 11 SOIL SURFACE EROSION CONTROL

31 41 16 METAL SHEET PILING

31 63 36 TEMPORARY SOLDIER PILE WALL SYSTEM

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 11 26 BITUMINOUS BASE COURSE

32 11 27 BITUMINOUS-STABILIZED BASE COURSE, SUBBASE, OR

SUBGRADE

32 12 10 BITUMINOUS TACK AND PRIME COATS

32 12 16 HOT-MIX ASPHALT (HMA) FOR ROADS

32 92 19 SEEDING

32 93 00 EXTERIOR PLANTS

DIVISION 33 - UTILITIES

33 40 01 STORM DRAINAGE

33 71 02.00 20 UNDERGROUND ELECTRICAL DISTRIBUTION

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 14 STOP LOGS

35 20 16.59 CLOSURE GATES

35 31 19 STONE PROTECTION

35 41 00 LEVEE CONSTRUCTION

35 41 00.01 EXISTING LEVEE RAISING

SECTION 00 08 00 Page 28

Green Brook Flood Risk

Management Project

Segment R-2 Extension, Segment T Raising and

East Main Street Storm Sewer

Improvements

Borough of Bound Brook, Somerset County, New Jersey

Contractor:

SECTION 00 08 00 Page 29

Green Brook Flood Risk

Management Project

Segment R2 Extension, Segment T Raising and

East Main Street Storm Sewer Improvements

Borough of Bound, New Jersey

SECTION 00 08 00 Page 30

US ARMY

CORPS OF ENGINEERS, NEW YORK DISTRICT

Green Brook Flood Risk Management Project Segment R2 Extension, Segment T Raising and

East Main Street Storm Sewer Improvements

CONTRACTOR:

FUNDED BY:

COMPLETION DATE:

FOR YOUR SAFETY

1. DO NOT ENTER DESIGNATED WORK AREAS

2. OBEY ALL LOCAL REQUIREMENTS CONCERNING PROHIBITED ACTIVITIES

DISTRICT ENGINEER: COLONEL PAUL OWEN

PUBLIC SAFETY SIGN

SECTION 00 08 00 Page 31

-- End of Section --

Segment R2 Extension & Segment T Raising SEGR2T

Section 00 90 02 Page 1

SECTION 00 90 02

APPENDIX B

CONSOLIDATED RAIL CORPORATION

SPECIFIC REQUIREMENTS FOR WORK ON ITS RIGHT-OF-WAY CE-6

SPECIFICATIONS FOR PIPELINE OCCUPANCY CE - 8

SPECIFICATIONS FOR CONSTRUCTION OF RAILROAD ROADBED CE – 75

MINIMUM ROADWAY CLEARANCES

Section 00 90 03 Page 1

SECTION 00 90 03

APPENDIX C

NJ TRANSIT RAIL OPERATIONS

SPECIFICATIONS FOR STONE BALLAST

NEW JERSEY TRANSIT RAIL OPERATIONS

SPECIFICATIONS FOR STONE BALLAST

GENERAL:

1. These specifications over the requirement for grading and other significant physical properties of crushed stone or basic oxygen furnace slag (B.O.F.) for stone ballast.

2. The class and size of stone ballast to be used for various lines and tracks shall be determined by the Chief Engineer-Maintenance of Way.

3. Stone ballast shall be composed angular fragments, reasonably uniform in quality and having specified durability and wear resisting qualities.

QUALITY:

4. Deleterious substances in the stone ballast shall not exceed the following amounts, expressed in percent weights:

Soft and friable pieces 5.0 percent

Material finer than No. 200 sieve 1.0 percent

Clay lumps 0.5 percent

5. Crushed stone of B.O.F. slag shall be used for stone ballast only after it has been examined by NJT and found by test to have physical values satisfactorily conforming to the following requirements:

(See Chart on Page No. 2)

CLASS: “A” “B” “C” “D”

(a) Los Angeles Abrasion:

Percent of wear shall not exceed

NJT grading sample 10.0 13.0 14.5 15.5

(b) Sodium Sulphate Soundness:

Percent of loss shall not exceed .5 1.5 2.4 5.0

(c) Cementing Value:

When L.A. Abrasion is in excess of

13.0% wear (NJT grading) and/or the sodium sulphate soundness is in excess of 1.5 cementing value in pounds per square inch shall not exceed N/A N/A 375 450

(d) Impedance:

Impedance must be in excess of 2.6

K ohms

GRADING REQUIREMENTS:

6. The grading of stone ballast shall be determined by test with laboratory sieves having square openings conforming to current ASTM Specifications for “Sieves for Testing

Purposes E-11.

7. Material prepared for use as stone ballast shall be well graded within the limitations designated in the following table, for each size number.

AMOUNTS FINER THAN EACH SIEVE PERCENT BY WEIGHT (REVISED JAN 6, 1999)

Size

Nominal 3” 2-1/2” 2” 1-1/2” 1” ¼” ½” 3/8” #4

No. Size % % % % % % % % %

24 2 ½”-3/4” 100 90-100 25-60 0-10 0-5

3 2”-1” 100 100

4 1 ½”-3/4” 100 90-100 20-55 0-15 0-5

5 1”-3/8” 100 90-100 40-75 15-35 0-15 0-5

57 1”-#4 100 95-100 26-60 0-10 0-5

CLEANING AND HANDLING:

8. When rock or B.O.F. slag is of such a nature that it does not become clean without preliminary washing or scrubbing, a suitable machine or arrangement shall be provided at the quarry or crusher for that purpose.

9. Crushed stone and B.O.F. slag for stone ballast shall be handled at the producing plant and moved to and from storage piles in such a manner that it is kept clean and free from segregation.

10. Stone ballast must be loaded into cars which are clean and free from sand, dirt, rubbish or any other substances that would foul or damage the stone ballast material.

INSPECTION:

11. Representatives of the Chief Engineer’s Office shall have access to producing plans and quarries while stone ballast is being prepared or loaded into cars from storage piles, and shall have all reasonable facilities afforded them by the producer to satisfy them that the stone ballast is prepared and loaded in accordance with specifications and contracts. If inspection develops that material loaded or being loaded does not conform to those specifications and the producer is so notified by the representative, loading for the purchaser shall be stopped and the producer shall dispose of all cars loaded with defective material.

12. The purchaser may not provide inspectors at the producing plant or quarry to inspect stone ballast in lieu of the producer’s inspection and reserves the right to reject any car of stone ballast at the site for unloading that does not conform to these specifications. The stone ballast in the car shall be disposed of at the expense of the producer, who will be held liable for all freight charges. If the stone ballast is unloaded prior to discovery of its defectiveness, payment may be refused to the producer without return of the defective stone ballast.

13. The quality of stone or B.O.F. slag for stone ballast from any quarry or new strata opened up shall be determined, prior to its acceptance, at a testing laboratory selected by the purchaser. Tests shall include soundness, resistance to abrasion, cementing value and weight per cubic foot. Each stratum or portion of quarry containing a variation of quality of stone shall be tested separately and not averaged. Quality tests and gradation tests shall subsequently be made from time to time as deemed necessary by the purchaser to control the quality and size of stone ballast furnished by the producer.

14. Sufficient visual observations, determinations of delirious substances and analysis of gradation shall be made by the producer prior to shipment to assure compliance with these specifications.

SAMPLES FOR TESTING:

15. The selection of samples is as important as the laboratory testing, and care must be taken that the samples obtained show the true nature and condition of the material to be examined.

16. Samples of the stone ballast and samples of stones at quarries for test to determine the acceptability of the source, as well as samples for quality control, shall be selected by a representative of the purchaser. The owner of the quarry or producer may submit samples for inspection or preliminary testing if such action is approved by a representative from the Chief Engineer Track Office.

17. Samples of all stone ballast submitted for testing should weigh not less than 150 pounds. Where the acceptability of stone from a quarry is to be determined, the 150 pound sample consisting of pieces of approximately 6 x 6 x 4 inches should also be furnished.

METHOD OF TESTING:

18. The Sieve Analysis shall be made in accordance with the Method of Tests for Sieve

Analysis of Fine and Course Aggregate (A.S.T.M. Designation C 136).

19. Soundness shall be treated in accordance with the current Method of Test for

Soundness of Aggregate by use of Sodium Sulphate A.S.T.M. Designation C88.

20. Tests for L.A. Angeles Abrasion Loss shall be treated in accordance with Method of

Testing for Abrasion of Course Aggregate by use of the Los Angeles Machine

(A.S.T.M. Designation C 131) except that Grading of the sample for testing shall be as follows:

Sieve Size = Square Openings

Passing Retained On Weight in Grams

2” 1-3/4” 1250

1-3/4” 1-1/2” 1250

1-1/2” 1-1/4” 1250

1-1/4” 1” 1250

21. Cementing Values shall be tested in accordance with the Logan Walter page Method

(U.S.Dept. of Agriculture, Bulletin No. 347, 1916, Page 15) except as modified as follows:

(1) 500 grams of fines developed from the Los Angeles Abrasion Test

(A.S.T.M.) C-131) that has been screened through a 100 mesh sieve, mixed with sufficient water, kneaded for five minutes and allowed to stand in air tight container for two hours, thereby forming a stiff dough that is to be molded into cylindrical briquettes 2.54 cm. (1 inch) diameter by 2.54 cm. (1 inch) in height under pressure of 132 kgs. Per sq. cm. (1877.5 lb sq. inch), after which they are dried for 20 hours in air at room temperature, 4 hours in a hot air bath at a temperature of 100 degrees C. (212 degree F.), then cooled for 20 minutes in a desiccator, and immediately tested in a compression testing machine for static secure uniform distribution of load which is applied at 600 lb. per minute approximately.

(2) The average crushing strength in pounds per square inch of 5 specimens measures the cementing value of the stone.

22. A description of impedance testing procedures is available upon request from NJ

Transit Rail Operations Chief Engineer Track.

Issued:

Office of Chief Engineer M/W

Section 00 90 04 Page 1

SECTION 00 90 04

APPENDIX D

FULL DEPTH RUBBER GRADE CROSSING

Section 00 90 05 Page 1

SECTION 00 90 05

APPENDIX E

STREAM ENCROACHMENT PERMIT

AND FRESHWATER WETLANDS PERMIT

SEGMENT R-2

STATE OFNEWJERSEY

DEpARTMENT oF ENvIRoNMrxfar, pnorccTroN

DlYISlroN oF LAND USr nncur,arroiv JQt E*t State Streer, staiion plazal]z-t'ri*ip.O._Box 439, Trentoh, N"," lio"v OiOzs_Ujb

Fax: (609) 777_3656 or (609) igZ_gtts www.state. nj. uVd@/landuse

PERh{IT

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:1.;;i ' .r :, 1 : : : t . , . , . . , . - . : ' - ' ' l - : i :

+; t j i l ' i ' r: j1::

,.: i . i ,:;.1.-1.;.. i ,., 1 : j:::f i i , i , i : ! , . - : .

0.954 of an acre of 7.287 acres of loss of 0.954 of palustrine

Receivod or Recorded by County Clert

Prepared by

Freshwater Wetlands lndividual permit DLUR Fite No,: t800_03_000t.2 FWW 0z000t tp Page2

STANDARD CONDITIONS:

l. Extent ofapproval:

a' This document grants permission to-perform certain activities that are rqgulated by the state ofNew Jersey' The approved *ork i" d"s"tib"d uy tt t"*t of this permit uni- is further detailed bythe approved drawings risteo rrerein- All work m,rsi"onror- to the requirements, conditions andlirnitations of this ffit *a Jiupp-""d drawings. l b' If you alter the project without prior approvat, or expand- work beyond the description of thispermit, vou rnay beln violatio" orsLt"i;T, aii ;.;;" subject to finesand penalties. Approvedwork may be allered onty wittr ttre prior written approval of the Departmort.

" ,I:lTff:ff a copv of this permit and atl approved drawings radityavailabte for inspection at

2' Acceptance "f ryTl1, If ygl begn any..a.livity approved py tlri, permit, you thereby accryt rhisdocument in its entirety, and ue rtponsibnity t6 ffiot; witir the terms #d conoitions. If you donot accept or agree with this document ir iq .,lrtiray, .io'ort begin construction. you are entitled torequest an aooeal within a lirnited time as detailed on the attached Administrative Heartng Requestchecktist ani Tracktng roi---- -""v Q uur.uqr u' trrc

3' Recording with county clerk You must recordthis permit in the oflice of the county c1erk foreach county involved in tlris p.-i*t You must aso rnait o. Iq a copy of the front page of this *ffir:"#:Departnient strowini ttre ;;";;;; ffi oo, co*,tf 6r*r within 30 da5rs of the

4' Notice of constru,c$on;

tou must notiS **-D.p4*ent in writing at least 7 fuysbefore you beginany work approvgd

.9t Ft perrnit uy suLrnitting'G ;ftr;h"d construction report. The constructionReports are-also "*if "Ur" "i*#. fi'.govt aqLandusd.

5' Expiration date: All activities authorizd by this permit.Itt b9 completed by the expiration dateshown on the fint pug";toJ;rh;;r" ".6;"d'ty it"'oi.,ririoo. at tnut ,i-o ,rri, perrnit wiltautomatically become invalid and none o{ the approved work rnay begin or qontinue unt' arsplacement permit is granted. aS;-; permits rqy i""lrfy for an ex6*io;;flthe expiration date.Please contaci the Depitmeni f;i;;o information)

Rights of the State:

a' This permit is revocable and subject to modification by the state with due cause.

b' Representatives fro:n the state have thrc statutory authority to enter and inspect this site toconfirm compliance w-ith this ffit and may suspend construction or initiate enforcernent actionif workdoes nor comply *itt &,ilp"#t.

* fhi* pennit does not Srant P,TfFy rights. The issuance of &is permit shall not affwt any actionby the state on fu*ry "oolt*:rit*, ri* affet the titie oiownership of propertS nor mako theState a party in any suit ;;qild,o Lio*rrort ip.

other responsibilities: Yorr must obtain all. n13qry local, Federal and other state approvalsbefore you beein work. All *"tt -*t u" stabilized in u"o.o"*";id;#; ndards for soilErosion and sediment control n tr*Jioty,*o "rTnil "rt"iJ;;;;;rii""i" poluranrs intoxic amounts as defined in sectio;ttiz-Jitrt" Federar Act.

6.

7.

i r

Freshwater Wettands fndividual permit DLUR Fite No.: tE00_03_000t.2 FWw 07000t tp

8' The permittee shall immediately in{y the Department of any unanticipated adverse effects on theenvironment not described in the application or in tt" "o"aitions of this permit.

9' Any regulated activities undertaken on the site before a copy of this recorded restriction is submittedto the Department will pe oo"tia"i"a in violation o],r," iipr"-enring rules and this permit.

l0' consistency with the Areawide water euarity Management plan

The Division of l-and use Regulation has not reviewed this^application for consistency with theAreawide wate^r Quality pr"""f"t*"t Plan and th" i;r;" of this peimit sha, not be construed as ::"#f,|itnt o?t

*t *utt"-ut!t -u'ug"**t plan for this project or site. There shal be nofound,;;;;;;#ffi :,?,T,f,:XH:rr& jit*H;,:T;?rl#xlnffi :ffi i.a"*fiilffi *5# I l ' Any discharge of fill material shatl consist of.suitable materiar free form toxic pollutants and sha' bemaintained in accordance with the soil con;;;fi#ffi;e,s approved prun, 12' The applicant *Lt !"

responsible for preserving and minimizing vegetation disturbances within' wetlands' transition areas {"0 tr""g-streams. eii temporary distirban'ces,turr u" replanted withnative herbaceous and woody vqetaiion-

13' In order to protect the general fishery resources within the Raritan River and Middle Broolg anyproposed glading or construction activities within trr"urrr* of these or any other watercourses on siteare prohitited between May I't and July-3l-";il;;; In addition, any activity within the r00-j"ur flgod plain ot nooa- tt"-taG or tt i, *ui"r*u*" ,rru, could introduce sdiment into saidu/algrcourse or that could cause an increase in the natuml l1-ver of turbidii is also prohibited duringthis period TheDepartment to"*ol,t" right;; J;;; all rqgulatd activities on site should it bedeterrnined that the appricani-tr"r-"r, ,"t* i-p* prJ*"tio* ,o ensure continuous compliance withthis condition -v" r'vrvr r,rwwutrt

14' The drarvings hereby approved * yI62i-hgilnrenared p_ft:-sl G. go,p, Inc., dated Febnrary2007' unrevised'-entitledt"'cnrpligx.oor suB:iiisni oF THE RARITAN RMER, cREENBRooK FLooD -coi'rrRol;iidrtc'r, sEcMEi.ii-n-z rnvsr ar.ui punap srATroN,RAIROAD cLosnRE srRuciilRr AirD trvERsr6r.l cuLvERT prpls, sourH MAINSTREET cLosuRE srRudlRb";ND-RAILIioffialvsNUE snE cRADTNG, BoRoucHoFBouNDBRooKNEwtERi;y, YEr\uE urlu URAI

*OVERALL

PERMIT APPLrcATION PLAN E SIIEET" ShEEt 9I Of 96;

*WETLAND

PERMIT APPLICATION PLAN, STA. 32+07 to STA. 39+41.g3,. Sheet 92 of 96; .

"WETLAND PERMIT APPLICATION PLAN, srA. 39+41.83 to srA. 50+40.g7,,,sheet 93 of 96;

:.WETLAND PERMIT APPLICATION PLAN, STA. 51+4g.g7tO STA. 6I+76.3g,"ShECt 94 Of 96;

"WSILAND PERMITAPPLICATIONPLAN, STA. 6l+16.39 to STA. .1+44.25,-Shect

95 of 96;

"WEILAND PERMITAPPLICATIONPLAN, sTA. zl+44.25 to srA. 7g+s;g.zt,-sheet 96 of 96.

_ Failure to comply with the standards Protection Act and suUjects the;;;l* herein constitutes a viblation of the Freshwater Welands to appropriate enforcernent action andlor ,*p*ion--o, DLUR File No.: 1800-03-000t.2 FwW 070001 tp Page4 revocation o{ thg permit- This permit is not effective for the purpose of conducting regulated activities authorized by this permit until the following special conditions are satisfied:

l5- Mitigate for the temporary loss of 0.954 acres forested wetlands through an on-site restoration proJect as shown on the plans'GREEN BROOK SUB-BASIN OF THE nannaN RrVER GREEN gftObf

FLOOD DAMAGE REDUCTION PROJECT BOI'ND BROOK, NEW JERSEY SEGMENT R-2

PLANTING PLAN I STA." Sheet No. L-101, *GREEN BROOK SUB-BASil{ OF THE RARnAN RrvER GREEN BROOK FLOOD DAMAGE REDUCTION PROJECT BOUND BROOK NEW JERSIY SEGMENT R-2 PLANTING PLAN 2 STA.- Sheet No. I-|}L,'GREEN BROOK SUB-

BASIN OF THE RARMAN RTVER GREEN BROOK FI,OOD DAMAGE REDUCTION PROJECT

BOUND BROOK, NEW JERSEY SEGMENT R-2 PLANTING PLAN 4 STA.- Sheet tlo. L-ioi,*GREEN BROOK SUB-BASIN OF THE R.ARITAN RTVER GREEN BROOK FLOOD DAMAGE

REDUCTION PROJECT BOUND BROOK, NEW JERSEY SEGMENT R-2 PLA}ITING PLAN 6

STA.,' ShECt NO. T-104, GREEN BROOK ST,B-BASIN OF THE RARITAN RTVER GREEN

BROOK FIOOD DAMAGE REDUCTTON PROJECT BOUND BROOK NEW JERSEY

SEGMENT R-2 PLANTING PLAN 6 STA.- Sheet No. Ll05 dated March 2008 and prepared by the U.S. Army Corps of Engineers

16. Yitigate for the permanent loss of 7.287 acrcs of palustrine forested wetlands through use of ttre Finderne Farm Wetland Mitigation Project as shown on the Dqartment-approved p-"larrs entitled,*Wctland Mitigation Design for the Finderne Site, Green Brook Fiood Contrbi Projeci, Bridgewater Township, Some.rset County, New Jersefll, sheets | - 46 of 45, all plans datd-s/lll}S frth no Igvlslo.{ls, and,prepared by The Department of the Army, New York District Corps of Engigeers, and The Louis B-erger Group, krc. The project has been d*igned and constructed in advancJof weiland mpacts anticipated by the Greenbrook Flood Contrpl Project. As segrnents of the Greenbrook Flood Control project appty to the Division of Iand Use Regulation foi permits, 'wetland irnp:icts are evaluatpd on a case-byicasebasis to'determine if the appropriate tlpe of mitigation is available within the Finderne Farm Mitigation Project. The U.S. ermy-Corps of

-dngineers ils approved to use of the forested creation portio_n of the Finde-e Farm Wetiand Mitigatio-n Project thut ** designed to mitigate for palustrine forested wetland impacts at a 2:! ratio.

-r\s suctr, ihe proposed Segr;nt n-Z impacts to 7-287 acres of forested wetlands requir€s that 14.574 acres of forested wetlands cleation be debited from the Findernb Farm wetland Mitigation proJect.

17- h the went that there is a conflict betwee,n the permit conditions and the app.roved mitigation plans and proposal, the perrnit conditions take precedent

18- Within {-{yt of the issuance of this.permit the permittee shall complete, sign and file with the County Clerk (the Reglstrar of Deeds

-anO h{ortgiges in spme

"ourrfiol,'th""DMsion approved consenration restriction for the mitigation site with an attached metes and bo,ntdr description tlrat 3"1"0f a map depicting the protected area. A copy of the Wetlands Mitigation Area Model Deed/conservation Restriction is bc;ted ffi

"thttp://www.nj.gov/depAanduse/formVindex.html). The permittee shall use this language rilithout changes to the text. For projects within both U.S. aiiny Corps of Engineers and D.purt*etrt jurisdictions, there are two model conservation restrictions available at the above-referelrced web address that must be used for projects under joint Federal and State jurisdictions. The conservation restriction shall be included on the deed, and iecordd in the oflice of-the County Clerk (the Registrar of Deeds and Mortgages in some counties), in the county wherein the lands of ihe mitigation piojo, are located within-I0 days of approval of the final wetiand mitigation proposal. Within l0 days of filing the conservation restriction"hetT

Tq bolnds description ria *up1t;, ihe permittep must sind a copy of the conservation restriction to the Division

19- Thg mitigation dTlqner nrust be present on-site during critical stages of construction of the mitigation project- This includes but is not limited to herbicid; applicatiori, sub-grade inspection" nnA-gaOe

Freshwater Wetlands lndividual Permit

DLUR File No.: 1800-03-0001 -2 FwW 070001 IP inspectiorq and planting inspection to ensure the intent of the mitigation design and its predicted wetland hydrology is realized in the landscape-

20. Mitigation designs are not static documents and changes may be necessary.to.ensure sucress of the project. Should the mitigation designer determine that the mitigation plan asdesigned and approved b1 the Division will not achieve the proposed wetland condition Iue to ihe actual conditions encountered during construction, the mitigatim d;i;;;;J itn-"aiut"tv notify the Division' The mitigation designer must propose an alternative plin lo achieve the proposed.lvaland condition that must be approved by the Division in writing- I?the Division providis the mitigation designer withgo.qryen1s on the alternative plan, the mitigal;;;;ig; tnui r*ir" the plan to conform to the Division's comments. Solely ih" Oirri.ion s[all rnake tf,e determination as to whether or not the alternative plan ur r"t-itt"a conforms to the Divisions comments. Any modifications to the plan that are approved by the Division must be shown on a signed and sealed revised plan. The As-Bullt plans rquii'ed *-a Pf of the Construction Completion neport may ,"*" the signed and sealed t-"yi:"d plans required to be r,rU*ittJ as part of the ionstruction modihcation process described above if time constraints warrant zuch action and have been approved by the Division in writing'

21. At least thirty (30) days in advance of the start of construction of the wetland mitigation- projecg -tfe permittee shall notiff the Divisiorr, ir, *.itirrg,{or- 1n on-site pre-construction meeting between the permittee, the contractor, the consultant and the Division'

22. Following the frnal grading of the mitigation site- and prior to planting the permittee shall notiff the

Division for a post-grading constructioimeeting betweelthe pirt*itt"., "ontructot, consultant ""9 th:

Division.The permittee mgst give the Division-at least *rirty '(fO) days notice prior to the date of this meeting.

23. The permittee shall aszume all liability for accomplishing corrective w9$ shoulq- tl" Division detennine that the compensatory uritigaltion has nof been"l0O7.o successful- Rernedial work may include re-grading and/or replanting tf. -itigution 1it9, This responsibility is incumbent upon the par-itt"" nitil suJh time that the Divisionrnakis the finding that thi mitigation project is suc'cessful'

24. Within 5 days following finat grading of the site, a disc must be run over the site to eliminate compaction. The mitigation designer must be present to oversee this phase of the project and confirm t"ith the Division this activity hai occuned prior to planting of the site'

25. Within 30 days following the final planting of the miligation plgject, the permittee shall submit a 'Constnrction Completion Re,port to ihe Diision detailing a-s-dltifi conditions (see-belqv) d .lny ;ixfrgj"ij^i#'approlred mitigation plan that o,o9 -udt during c.onstruction- Ttre Construction

Corrfitetion Report shall contaii, at a minimurn" the following information:

a. A completed located on the lntemet at

. This form is and certifies that lffitrili""ti."l#iti*:u od area of wetland creation]restoration or enhancenient has been accomplished;

As-Built plans which depict final grade elevations at one foot contours and include a table of the species and quantities of vegektion thrt;;d""ted includilg any grasses ttrat may have been used for soil stabilization purpos€s;

Show on the as-built plans that the boundaries of the wetland mitieationET-Y::bf visibly marked with 3 inch white PVC pipe "*t"nai"g

+ i"J "tou" the ground sutface' The stakes must remain on ttre site for the enlire monitoring period;

c.

Freshwater Wetlands lndividual Permit

DLUR File No.: 1 80043-0001 .2 FwW 070001 IP d- Photos of the constructed lvetland mitigation project with a photo location map as well as the GPS waypoints in NJ state plane coordinates NAD 1983;

e. To document that the required amount of soil has been placed/replaced over the eirtire area of the mitigation site, provide a minimum of 6 soil profile descriptions to a depth of 20 inches- The location of each soil profile description should be depicted on the as built plan as well as provide the GPS walpoints in NJ state plane coordinates NAD 1983;

f. Submit soil test results demonstrating at least 8% organic carbon content (by weight) was incorporated into the A-horizon for sandy soil and for all other soil typa lTYi organic content or if manmade top soil was used it consistd of equal volurnes of organic and mineral materials;

g. The permittee shall post the mitigation area with several perrnanent signs as shown on the approved mitigation plan (Note: change checklist to require these to be shown on plan), which identiS the site as a wetland mitigation project and that'development (Note: change sign

. specs) mowing; cutting, dumping and draining of theproperty is prohibited; and

h. The signs must also state the name of the permittee, Dgpartment's permit number alorrg with a contact nanre and phone number.

26.lf the Division determines that'the ternporary restoration portion of the rnitigation project is not constructed in confsrrnance with the approved plan, the per,mittee will be notified in writing and will have 50 days to submit a proposal to indicate how the project will be corrected. No financial surety will be released by the Division until the permittee demonstrates that the mitigation project is conskucted in conformance with the approvedplan, all soil has been stabilizd and there is no active erosion.

27. Through the five-year monitoring period (which begins upon the completion of construction and planting), the permittee shall continue to provide annual monitoring reports to the Department on the long-term success of the projet and-to identifr any problems requiring remedial action. eny P"l renredial action shall be taken in accordance with the Deparfinent. The permittee shall submit monitoring r€,ports to the Division of Land Use Regulation no later than December 3l$ of each full monitoring year. All monitoring reports must include the standard items identified in the checklists entitled Wefland Mitigation Mofutorine Project Checklist and Tidal Wetland Mitigatioq Monitorine Cheeklist and the information requested below. The Wetland MitigationMonitorine Proiect ChecHist and Tidal Wetland Mitigation Monitorins Checklist are located on the Internet at http ://www.nj . gov/dep/landusdforms/index.htrnl.

28. All monitoring reports must include all of the following information:

a. All monitoring reports exce,pt the final one must include documentation that it is anticipated, based on field data, that the goals of the wetland mitigation project including the transition area, as stated in the approved wetland mitigation proposal and the permit will be satisfied- If the perrrittee is findingproblerns with the mitigation-project and does not anticrqaQ tng *:

will-be a full zuccess tlen recomnrendations on-how to recti8tttre problems must be includd in the report with a time frame in which they will be cornpletd

b. All monitoring r@orts except the final one rirust include field data to document that the site is progressing towards 85 percent survival and 85 percirrt area covenage of mitigation plantings or target hydrophytes (target hydrophytes are non-invasive native species to'the area and similar to ones identified on themitigation planting plan). If the proposed plant community is 'a scrub/shrub or a forested wetland the permittee must also de,monstrite each year with data that the woody species are tlriving, increasing in stem density and height each year. If the

DLUR File No.: 1800-03-000t.2 Fww 02000t tp PageT field data shows that the mitigation project is failing to meet the vegetation survival, coverage and health goals, the monitoring report should contain a discussionlf steps that will be takin to recti$ the problem, including a schedule of implementation;

c- All monitoring reports except the final one must include documentation of any invasive or noxious species (see below for list of species) colonizing the site and how they are being eliminated. The permittee is required to eliminate either through hand-pulling, appiication of a

. peslicide or other Departrn€nt approved method any occurrence of an iivasivdnoxiow species on the mitigation site during the monitoring period;

d- All monitoring reports except the final one must include documentation that demonstrates the proposed hydrologic reglme as specified in the mitigation proposal appears to be met. If the permittee is finding problems with the mitigation prgect and dbes not anticipate the proposed hydrologic regime will be or has not been met tlien recommendations otr ho* to r&tifu the problem must be included in the report.along with a time frame within which it wiit Ue completed;

e- The final monitoring report must include documentation to demonstrate that the goals of the wetland mitigation project including the required transition area, as stated in the approved wetland mitigation proposal and the permit, has been satisfied- Documentation for tfriJreport will also include a field wetland delineation of the wetland mitigation project bced on techniques as specified in the Federal Manual for Identifying anJ fehneatins furisdictionat Werlands (1989);

f- The final monitoring report must include documentation the site has an 85 pelpent survival and 85 percent are;l coverage of the rnitigation plantings or target hydrophyes.-The permittee must also docurnent that all plant species are treatttry anA thriving uni if the proposed plant commrrnity contains tres demonstrate that the trees are at least five feet in height;

g- The final monitoring report must include documentation demonstrating the site is less than I0 percent occupied by invasive or noxious species such as but not lirniied to (Source: Snyder, Pudd and Sylvan R. Kauf,man. 2OO+. an overview of nonindigenous plant-species in New {ersey. New Jersey Department of Environmental Protection, Division of pu*i 4nd Foretry- Office of Natural Lands Management, Natural Heritage P.gutn, Trenton, New Jersey. 107 pages.): Acer platanordes (Norway Maple), Ailanthus altisiima, (Tree of Heaven), Alloria p:qole (Garlic mustard), Arypelopsis brevipedunculata (Pore*elain berry), Arternisia biermis (Bi€nnial Artemisia vulgarii (Mugwort or Comrnon wormwood), Berberis thunbergii (Japanese ba6€rry), Berberis vulgaris (Common bafterry), Cars kobomugi (Japanese !edge), Cehstrus orbiculatus (Asian Bittersweef), Centiurea 'biebersteiniior maculosa (Spottod knapwoed), Cirsium arvense (Canadian thistle), Dipsacus fitlonum (l'Iild, teasel), Dipsacas laciniahn (C\rt-leaf teasel), Elaegnus angustifofi (Rritsiu" oiive), Elaegnus umbellata (Auturnn olive), Euorrymus alata (Wingdspindietree), Lespedeza caneata (Chinese bush-clover), Ligwtntm obnsifolium (Japanese privet), Ligustrum itgare (Common priveQ, Loniceraiaponicc (Japanese honeysuckle), Lonilera monowii (Morro*'s bush honeysuekle), Lonicera tartarica (fartarian honeysuckle), Lythrum salicaria (Purple loosestrife), Meliotus olJicina&s lYellolv iweetclover) , Microstegium vimineum (fapanese stiltgrass), Mynopfullum spicatum @urasian water-milfoil\, Phataris arundinacea (Rd canary grass), Phragmites

, ausfafts (Co_inmon reed grass), Polygonum cuspidatum (Japanese knotweed), Polygonum perfoliatum (Mile-a-minute), Potamogeton crispus (Curly leaf-pondweed), Pueraria montana (Kudzu), Ranunculw ficarta (Lesser celandine), Rhamius caihortica (iommon buclthom), Robinia pseudoacacia @lack locust), Rosa multiflora (Multiflora rose), Rubus phoenioeolasius dWineberry), Typha latifloia @roadJeaved cattail), Typha angustifulia (Narrowed leaved cattail).

Freshwater Wetlands Individual Permit DLUR File No.: 1800-03-0001.2 FWW 070001 lP

The final monitoring report must include documentation that demonstrates that the proposed hydrologic regime as specified in the mitigation proposal, which proves the mitigation site is a wetland has been satisfied. The documentation shall include when appropriate monitoring well data, stream gauge data, photogaphs and field observation notes collected throughout the monitoringperiod; and

The final monitoring report must include documentation that the site c-ontains hydric soils or there is evidence of reduction occuning in the soil throughout the delineated wetlands.

29. Once the required monitoring period has expired and the permittee has submitted the filral monitorirg r€,port, 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 thepermittee demonstrates all of the following:

Thatthe goals of the wetland mitigation proJect including acrexrge and the required transition area, as stated in the approved wetland mitigation proposal and the perrnit, has been satisfied- The permittee must submit a field wetland delineation of the wetland mitigation project based on the Federal Manual for ldentifuine and Delineatine Jurisdictional Wetlands (1989) which shows the exact acreage of State open waters, emergent, scrub/shrub and/or forested wetlands in the mitigation area;

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 are healthy and thriving. All trees are at least five feet in height;

The site is less than l0 percent occupied by invasive or noxious species such as but not limited to (Source: Snydqr, David and Sylvan R. Kaufrnan.2004. An overview of nonindigenous plant species in New Jersey. New Jersey Department of Environmental Protectior\ Division of Parks and Forestry, OfIice of Natural Lands Management, Natural Heritage Progranl Trenton, New Jersey. l0? pages.): Acer plannoides (Norway Maple), Ailanthw altissima, (Iree of fleaven), AIIaria petiole (Garlic rnustard), Ampelopsis breuipeduncalala @orecelain berry), Arteinisia bien4is (Biennial wormwood) Artemisia vulgais (Mugwort or Comnon wormwood), Berberts thunbergii (lapanese barbeny), Berberis vulgaris (Common barberry/, Car* kobomugi (Japanese sedge), Celastrus orbiculatus (Asian Bittersweet),. Centaurea biebersteiniior maculosa (Spotted knapweed), Cirsium arvense (Canadian thistle), Drysaclu lillonum (Wild teasel), Dipiaan laciniatus (Cut-leaf teasel), Elategnus angustifolia @ussian olive), Elaegnus umbellan (Autunm olive), Euonymus alata (Winged spindletree), Lespdaa cuneata (Chinesg btrsh-clover), Ligustrum obtusifolium (Japanese privet), Ligastram vulgare (Cornnon privet), Lonicera japonico (Japanese honeysucHe), Lonicera motowii (Morrow's bush hoireysucHe), Lonicera-tartarica (tartarian honeysuckle), Lythrum salicaria (Purple loosestife), Meliotus oficinalis (Yellow sweetclover), Microstegium iminanm Qapanese stiltgrass), Myriophyltim spicatum @urasian water-milfoil), Phalaris arandinacea Eeed' can;ry grasq); Piragmites iustratis (Coomon red grass), Polygonum caspidotum (J|paryse knotweed),'Polygonum pedoliatui (Mile-a-minutQ, -Potam6genn crisBtts (Curly leaf pondweod), Puerarta montana (Kudzu), Ranunanlus -frmria (,esser celandine), Rhamnus bathortica (Common buchhorn), Robinia pseudoacacia @lack locust), Rosa multiflor,c (Multiflora rose), RzDns phoenio:colasias (Wineberry), Tlpha latifloia @road-leaved cattail), Typha angustifolia (Narrowed leavd cattail).

The site contains hydric soils or there is evidence of reduction occuning in the soil; and, The proposed hydrologic regime as spocified in the mitigation proposal has been satisfied.

These criteria must be satisfied to prove the mitigation site is a wetland.

a.

d.

e.

Freshwater Wetlands Individual permit

DLUR File No.: t800-03-000t.2 FWW 070001 Ip

30' The permittee will submit a statement to the Department each time credits are debited or additional ".tdit:

are-approved. At a minimunr, the permiitee will submit an annual ledger to the Oepartment showing all transactions at the consolidated mitigation project for the pretious yiar-

3l' Through the five-year monitoring period (which begins upon the completion of construction and planting), the permittec shall continue to provide u*u-"t monitoring r"port, to the Department on the' Iong-term succes-s gl-th" p-j"t and to ibentifu any problenrs r"qiriting remedial u"iiorr. Any such remedial action shall be taken in accordance wiintl bepartment. Srroui"a any feport submitted by the permittee note conditions requiring remedial action, thi permittee shall deiermine the *ur" oi th" condition. If the perrniftee determines the problem is due to design, construction or maintenance deficiencies, then the permittee shall be'responsibte for remed'iaiion. prior to

";;;;;;remediation, the pemrittee shall submit a detailed proposal for such a remediation for review and approval by the NJDEP.

If any part ol the mitigation project is considered a failurg the permittee will have 60 days to submit a revised mitigation plan to rectifr the project, foilowing recelpt of a letter from the Department indicating that the wetland mitigation project is consid"r"a u fuilur.

Once approved by the Department, the permittee shall undertake stich remediation and shall, upon completion" submit to the Department a summary of the work performed.

ln the event the permittee fails to implement necessary r-emedial actions within 60 days after notification bI th" Department of necessary remedial aciion to address any failure in rneeiing the success criteda, the Department will notifu the perrnittee and recommend appropriate remedial actions- If the Department determines that the prqjet is operatin! at a deficii d"Uitiog of qedits will immediately cease and the Department wili aCtermine what remedial actions are n@essary to correct the situation. As determined by the Department and the permittee, if conditions at the

' project site do not improve or continue to deteriorate within a reasonabl" ii*" frame from the date that the need for remediation was first identified in writing to the permitteo by the'Department, Enforcement action will be undertaksr to obtain -frrnding to undertake the unnecssary corrective measur€s.

32' If the.mitigation project is considered a failure, the permitteeis required to submit a revised mitigation plan m order to meet the sucoess criteria identified in Condition No. 29 above. The plan shall be submitted within 60 days of receipt of the letter from the Division indicating the wetland mitigtion project was a failure.

33' At all times during the monitoring and maintenance period of tLe proJect, and in perpetuity as to the ong.ot3g--management, maintenance and remediation of the projeci the permittee'shall be-zubject to Td *BIt corply with the Freshwater Wetlands Protection Act-- N.J.S.A. l3:9B. Flood Hazaid erea C.ogtryl A"t -NJ.S.A. 58:

-, N.J,S"+U2:5-3, !{.Water pollutio .Act IC,AFM) - N.J.S.A. 13:19 regulations in the establishmeirl construction, -u"i!ement, and maintenance of the project.

34' Long-term management shall be the rqsponsibility of the per4ittee, Somerset County or other designated organization, as set forth in tie Conservation Restriction/Easement. After *hi"b tn" $oj11will be protected in perpetuity by the recorded NJDEP Wetlands Mitigation Area Mocbl Deed/.Conservation Reitriltion

(located on ffi

35. The Findeme Farm Mitigation consolidated wetland mitigation project is intended to act as compensation for firture wJdand impacts associated with the Green g;:oot Ftood Control Project. It should be noted that approval of tlre Finderne Farm Mitigation Site in advance of projeci irnpact

Freshwater Walands Individual Permit DLUR FileNo.: 1800-03-0001.2 FWW 070001 IP Page l0 authorizations does not suggest that future wetland impacts will be automatically authorized. All wetland impacts associated with the Green Brook Flood Control Project will be reviewed by the Division of Land Use Regulation in accordance with the Freshwater Wetlands Protection Act - N.J.S.A. 13:98, Flood Hazard Area Control Act - N.J.S.A. 58:164, Wetlands Act of 1970 - N.J.S.A.

l3:9A, Waterfront Develonment Act - N.J.S-A. 12:5-3, NJ Water Pollution Control Act - N.J-S.A.

58:104, Coastal Area Facility Review Act (CAFRA) - N.J:S.A. 13:19 and all other applicable federal, state and local laws, rules and regulations- This letter should not be construed as an approval of the entire Greenbrook Flood Control project and the US Army Corps of Engineers has proceeded with this advance mitigation project at their own risk

Applicant Borough of Bound Brook C-onstruction Official JoDale Legg, NJDEP Division of Land Use Regulation c:

State ofNew Jersey Department of Environmental protection

Division of Land Use Regulation Bureau of Urban Growth and Rodevelopment

E}N/IRONMENTAL REPORT

Individual Freshwater Wetlands permit Approval

APPLTCAIVT: New Jersey Departme't of Environmentar protection PROJECT: Green Brook Flooi Corrtrol n".;ect _ Sqgnrent R2DLIIR FILE NO.: I 80043{001.2 ACTrVrry NO.: FWW 0Z00Ol Ip LOCATION: Block various Lots: various

Borough ofBodnd Broo! Sornerset County

I. INTRODUCTION

The Freshwater wettands Protection Act (N.J.s.A. 13:98 et seq.) requires that a permit be obtainedfrom the Department-for tle fiollowirry activities within freshwater wetlands: l) the removal, excavation,disturbance or dredging, of soil' *"i, g-]'a,, or a'EfIr'igate marerial of any kind; 2) the drainage ordisturbance of water l3vel or water tautei i),rt" oumpii{ ai""rr*gloq or frlling *itr, ,*r"riuls; 4) the drivingof pilings; 5) the placing of obtttu"tioo*; una 6) the des"tnrction of plant life which would alter the characterofa.freshwaterwetiandJ, -.'Y vwqsvrrvrt

The applicant,..Ngy, Jersev Department of Environmental Protection (hereafter NJDEP), proposes' strqcl!ryl fl'e'od'protetion (levee rnt"- r"q ftg"d,;;ltt,.-by;;"

{mr corps orrrrgio"ir, (eioB} aro.nethe…