GB - Amend 7 - Specs - 2-3-2023.pdf

US Army Corps of Engineers

NEW YORK DISTRICT

GREEN BROOK FLOOD RISK MANAGEMENT PROJECT

GREEN BROOK SUB-BASIN OF THE RARITAN RIVER

SEGMENTS C2&H CONTRACT 2

BOROUGH OF MIDDLESEX, NEW JERSEY

Specifications

Amendment #7 January 2023

IFB NO. W912DS-22-B-0022

Green Brook Flood Risk Management Project Segments C2&H Contract 2

PROJECT TABLE OF CONTENTS

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

00 00 01 COVER SHEET

00 90 01 FLOOD HAZARD AREA PERMIT AND FRESHWATER WETLANDS

INDIVIDUAL PERMIT

00 90 02 SOIL EROSION AND SEDIMENT CONTROL CERTIFICATION

00 90 03 NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM (NJPDES)

PERMIT

00 90 04 NEW JERSEY TRANSIT TEMPORARY OCCUPANCY PERMIT

00 90 05 ENGINEER MANUAL

00 90 06 MITIGATION CREDITS

DI VI SI ON 01 - GENERAL REQUI REMENTS

01 11 00 SUMMARY OF WORK

01 14 00 WORK RESTRICTIONS

01 22 00.00 10 PRICE AND PAYMENT PROCEDURES

01 30 00 ADMINISTRATIVE REQUIREMENTS

01 32 01.00 10 PROJECT SCHEDULE

01 33 00.00 18 SUBMITTAL PROCEDURES

01 33 29 SUSTAINABILITY REPORTING

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 45 35 SPECIAL INSPECTIONS

01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

01 50 20.00 18 STREAM DIVERSION AND DEWATERING

01 54 00.00 18 MOBILIZATION AND DEMOBILIZATION

01 55 00.00 18 MAINTENANCE AND PROTECTION OF TRAFFIC

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 AND DEMOLITION WASTE MANAGEMENT

01 78 00 CLOSEOUT SUBMITTALS

01 78 23 OPERATION AND MAINTENANCE DATA

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

02 21 80.00 18 MONITORING OF EXISTING STRUCTURES

02 41 00 DEMOLITION AND DECONSTRUCTION

DI VI SI ON 03 - CONCRETE

03 11 13.00 10 STRUCTURAL CAST-IN-PLACE CONCRETE FORMING

03 15 00.00 10 CONCRETE ACCESSORIES

03 20 00.00 10 CONCRETE REINFORCING

03 31 01.00 10 CAST-IN-PLACE CONCRETE

03 39 00.00 10 CONCRETE CURING

DI VI SI ON 04 - MASONRY

04 20 00 UNIT MASONRY

DI VI SI ON 05 - METALS

05 05 23.16 STRUCTURAL WELDING

PROJECT TABLE OF CONTENTS Page 1

05 12 00 STRUCTURAL STEEL

05 30 00 STEEL DECKS

05 51 33 METAL LADDERS

05 52 00 METAL RAILINGS

05 59 20 FABRICATION OF HYDRAULIC STEEL STRUCTURES

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 27 26 FLUID-APPLIED MEMBRANE AIR BARRIERS

07 60 00 FLASHING AND SHEET METAL

07 61 14.00 20 STEEL STANDING SEAM ROOFING

07 84 00 FIRESTOPPING

07 92 00 JOINT SEALANTS

DI VI SI ON 08 - OPENI NGS

08 11 13 STEEL DOORS AND FRAMES

08 31 00 ACCESS DOORS AND PANELS

08 33 23 OVERHEAD COILING DOORS

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 97 02 PAINTING: HYDRAULIC STRUCTURES

DI VI SI ON 10 - SPECI ALTI ES

10 28 13 TOILET ACCESSORIES

DI VI SI ON 13 - SPECI AL CONSTRUCTI ON

13 48 73 SEISMIC CONTROL FOR MECHANICAL, HVAC, AND ELECTRICAL

EQUIPMENT

DI VI SI ON 22 - PLUMBI NG

22 00 00 PLUMBING, GENERAL PURPOSE

22 13 29 SANITARY SEWERAGE PUMPS

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 05 93 TESTING, ADJUSTING, AND BALANCING FOR HVAC

23 09 53.00 20 SPACE TEMPERATURE CONTROL SYSTEMS

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 05 11.00 28 CYBERSECURITY FOR CIVIL WORKS OPERATIONAL TECHNOLOGY

25 14 01 PUMP STATION INSTRUMENTATION AND CONTROL PANELS

DI VI SI ON 26 - ELECTRI CAL

26 08 00 APPARATUS INSPECTION AND TESTING

PROJECT TABLE OF CONTENTS Page 2

26 20 00 INTERIOR DISTRIBUTION SYSTEM

26 28 01.00 10 ELECTRICAL SYSTEM ANALYSIS

26 32 15.00 ENGINE-GENERATOR SET STATIONARY 15-2500 KW, WITH

AUXILIARIES

26 36 23 AUTOMATIC TRANSFER SWITCHES 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 31 70 INTERIOR FIRE ALARM SYSTEM, ADDRESSABLE

DI VI SI ON 31 - EARTHWORK

31 00 00 EARTHWORK

31 05 21 GEOGRID SOIL REINFORCEMENT

31 05 22 GEOTEXTILES USED AS FILTERS

31 11 00 CLEARING AND GRUBBING

31 32 11 SOIL SURFACE EROSION CONTROL

31 41 16 SHEET PILING

31 63 29 DRILLED MICROPILES

DI VI SI ON 32 - EXTERI OR I MPROVEMENTS

32 11 23 DENSE-GRADED AGGREGATE (DGA) BASE COURSES

32 12 13 BITUMINOUS TACK AND PRIME COATS

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

32 16 19 CONCRETE CURBS, GUTTERS AND SIDEWALKS

32 17 23 PAVEMENT MARKINGS

32 31 13 CHAIN LINK FENCES AND GATES

32 92 19 SEEDING

DI VI SI ON 33 - UTI LI TI ES

33 01 50.31 LEAK DETECTION FOR FUELING SYSTEMS

33 08 55 FUEL DISTRIBUTION SYSTEM START-UP (NON-HYDRANT)

33 11 00 WATER UTILITY DISTRIBUTION PIPING

33 30 00 SANITARY SEWERAGE

33 40 00 STORM DRAINAGE UTILITIES

33 52 40 FUEL SYSTEMS PIPING (NON-HYDRANT)

33 56 10 FACTORY-FABRICATED FUEL STORAGE TANKS

33 57 55 FUEL SYSTEM COMPONENTS (NON-HYDRANT)

33 71 02 UNDERGROUND ELECTRICAL DISTRIBUTION

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

35 22 25 ELECTRICALLY POWERED RISING STEM SLIDE GATES (SLUICE

GATES) AND FLAP GATES

35 31 19 STONE, CHANNEL, SHORELINE/COASTAL PROTECTION FOR STRUCTURES

35 31 19.20 ARTICULATING CONCRETE BLOCK REVETMENTS

35 41 00 LEVEE CONSTRUCTION

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

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 3

SECTION 00 00 01

COVER SHEET

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

GREEN BROOK SUB- BASI N OF THE RARI TAN RI VER BASI N

FLOOD RI SK MANAGEMENT PROJECT, SEGMENTS C2 & H

MI DDLESEX, NEW JERSEY

1. Attached is INVITATION FOR BIDS (IFB) NO. W912DS-XX-X-XXXX

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 TO BIDDERS.

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 this IFB).

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

6. GENERAL CONDITIONS - 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.

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 accepted. Submission of such documents may render the bid or offer non-responsive and ineligible for award.

PART 2 PRODUCTS

Not Used

DOCUMENT 00 00 01 Page 1

PART 3 EXECUTION

Not Used

-- End of Section --

DOCUMENT 00 00 01 Page 2

SECTION 00 90 01

FLOOD HAZARD AREA PERMIT AND FRESHWATER WETLANDS INDIVIDUAL PERMIT

PART 1 GENERAL

The Flood Hazard Area and Preshwater Wetlands Individual Permit received from the New Jersey Department of Environmental Protection (NJDEP) is attached at the end of this section. All work on this project shall be in conformance with this permit.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

DOCUMENT 00 90 01 Page 1

Approval Date 11.21.2022

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 11.20.2027

Permit Number:

1211-16-0001.4 LUP220002

Type of Approval:

FHA Individual Permit

Governing Rule:

N.J.A.C. 7:13-1.1(b)

Permittee:

Dennis Reinknecht NJDEP-Office of Flood Hazard Risk Reduction Measures 44 S. Clinton Avenue 3rd Flood Trenton, NJ 08625

Site Location:

Block(s) & Lot(s): [232, 17] [232, 19] [238, 1] [238, 2] [238, 3] [244, 10] [244, 11] [244, 12] [244, 14] [244, 15] [244, 9] [246, 1] [246, 2] [247, 1] [247, 12] [247, 14] [247, 15] [247, 16] [247, 17] [247, 19] [247, 2] [247, 20] [247, 21] [247, 6] [247, 9] [248, 1] [250, 1] [251, 1] [252, 1] [252, 10] [252, 18] [252, 6] [260, 1] [260, 2] [276, 1] [277, 12] [277, 15] [277, 20] [277, 22] [277, 24] [277, 25] [277, 29] [277, 35] [277, 36] [277, 38] [277, 40] [277, 41] [277, 7] [277, 9] [278, 52] [278, 60] [278, 61] [282, 20] [282, 30] [282, 46] [282, 62] [370, 6] Municipality: Middlesex Boro County: Middlesex

Description of Authorized Activities:

As part of a comprehensive flood management project being implemented throughout the Green Brook Basin, this permit authorizes the Green Brook Flood Risk Management Project known as Segment C2 (designated as Segment C2 Contract

2) and Segment H. Specifically, this permit authorizes the construction of structural flood protection along the northern side of Bound Brook located in the Borough of Middlesex, Middlesex County. This portion of the project consists of approximately 5,200 linear feet of levee and 580 linear feet of concrete floodwall, two pump stations, road closure gates (at South Lincoln Avenue), and internal drainage system.

The Department has determined that the herein approved activities meet the requirements of the (FHACA/CZM) rules.

This approval does not obviate the local Floodplain Administrator's responsibility to ensure all development occurring within their community's Special Flood Hazard Area is compliant with the local Flood Damage Prevention Ordinance, and minimum NFIP standards, regardless of any state-issued permits. FEMA requires communities to review and permit all proposed construction or other development within their SFHA in order to participate in the NFIP.

This authorization for a Flood Hazard Area permit does not grant permission to impact any freshwater wetlands, transition areas, or State open waters onsite. The permittee shall obtain a Department-approved Freshwater Wetlands Individual Permit prior to the start of any regulated activities within these areas. Any disturbances to freshwater wetlands, transition area, or State open waters prior to obtaining the applicable freshwater wetlands permit from the Division is considered a violation of the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A.

Prepared by:

Danielle L Jones

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. 1211-16-0001.4 LUP220002 Page 2 of 10 NJDEP-Office of Flood Hazard Risk Reduction Measures

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. 7:13-24.

Riparian Zone Vegetation

Area of riparian zone (Acres)

Permanent Disturbed 5.8

Temporary Disturbed 0

PRE-CONSTRUCTION CONDITIONS:

1. Prior to the commencement of site clearing, grading or construction, the permittee shall have a silt fence erected at the limits of the clearing. These fences shall serve as both a siltation and debris barrier as well as a physical barrier protecting the wetland and transition area from encroachment by construction vehicles or activities. These fences shall be kept in place and maintained throughout the duration of construction, until such time that the site is stabilized. No other regulated activities, including grading or clearing may occur in wetland or transition areas on site without the prior approval of the Department.

2. Timing: If this permit contains a condition that must be satisfied prior to the commencement of construction, the permittee must comply with such condition(s) within the time required by the permit or, if no time specific requirement is imposed, then within six months of the effective date of the permit or provide evidence satisfactory to the Division that such condition(s) cannot be satisfied.

3. This authorization for a Flood Hazard Area permit does not grant permission to impact any freshwater wetlands, transition areas, or State open waters onsite. The permittee shall obtain a Department-approved Freshwater Wetlands Individual Permit prior to the start of any regulated activities within these areas. Any disturbances to freshwater wetlands, transition area, or State open waters prior to obtaining the applicable freshwater wetlands permit from the Division is considered a violation of the Freshwater Wetlands Protection Act Rules at N.J.A.C.

7:7A.

SPECIAL CONDITIONS:

1. This permit authorizes the permanent impact of 0.71 acres of State open waters; and the permanent impact of 5.8 acres of riparian zone vegetation for the construction of Segment C-2 and H of a structural flood protection (flood wall), a Flood Hazard Area Individual Permits.

2. In order to protect general game fish within Bound Brook and tributaries, no grading, excavation, or construction activities are permitted within the watercourse onsite between May 1st through July 31st of each year. In addition, any activity within the 100-year floodplain or flood hazard area of this watercourse or tributaries which would introduce sediment into said creek or which could cause more than a minimum increase in the natural level of turbidity is also

DLRP File No. 1211-16-0001.4 LUP220002 Page 3 of 10

Page 3 of [insert] prohibited anytime, but especially during this period. The Department reserves the right to require additional soil conservation measures if it becomes evident that additional soil conservation measures are required to protect State regulated resources or to suspend all regulated activities on-site should it be determined that the applicant has not taken proper precautions to ensure continuous compliance with this condition.

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

4. The Division has determined that the riparian zone required adjacent to the Bound Brook is 50 feet. No other vegetation within 50 feet of the top of bank of any stream onsite shall be disturbed for any reason. This condition applies to all channels onsite regardless of contributory drainage area. The applicant shall be responsible for preserving and minimizing vegetative disturbances along streams.

5. The riprap proposed within the channel shall be carefully imbedded into the channel substrate and contoured to mimic the original physical characteristics of the channel (such as its shape, slope, thalweg and meander) in order to provide low-flow aquatic passage throughout the entire disturbed area. Furthermore, any void spaces within the riprap shall be filled with native substrate from the channel.

6. Upon completion of the project, all temporarily disturbed areas within 50 feet of the top of any stream bank onsite shall be restored to original topography and replanted with indigenous, non-invasive vegetation in accordance with N.J.A.C. 7:13-11.2(z).

7. Raw or unset concrete shall not come into contact with any surface waters onsite, since such contact can be toxic to aquatic biota.

8. The permittee must take all necessary precautions to prevent petroleum products and other pollutants from entering the stream channel.

9. The applicant must adhere to the agreed-upon Stipulations included in the Programmatic Agreement among the U.S. Army Corps of Engineers, New York District, the Advisory Council on Historic Preservation, and the New Jersey Historic Preservation Officer Regarding the Green Brook Flood Control Project.

10. For the purposes of this permit, the Department has determined this project did not require the use of any structural best management practices (BMP) to demonstrate compliance with the Stormwater Management rules at N.J.A.C. 7:8. Therefore, the Department did not review any proposed BMP for consistency with the design criteria referenced within the New Jersey Stormwater Best Management Practices Manual.

11. 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.

DLRP File No. 1211-16-0001.4 LUP220002 Page 4 of 10

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12. All excavated and dredged material must be disposed of in a lawful manner outside of any flood hazard area, riparian zone, open water, freshwater wetland, and adjacent transition area, and in such a way as to not interfere with the positive drainage of the receiving area.

13. Any new, reconstructed, enlarged, or elevated structure within a flood hazard area shall be secured to resist flotation, collapse, and displacement due to hydrostatic and hydrodynamic forces from floodwaters.

14. Construction equipment cannot be stored, staged or driven within any channel, freshwater wetland or transition area, unless expressly approved by this permit and/or described on the approved plans.

15. The riprap proposed within the channel must be carefully imbedded into the channel substrate and contoured to mimic the original physical characteristics of the channel (such as its shape, slope, thalweg and meander) in order to provide low-flow aquatic passage throughout the entire disturbed area. Furthermore, any void spaces within the riprap must be filled with native substrate from the channel.

16. After all in-channel activities are completed, native stream bed material must be replaced within the channel. This material must be contoured to mimic the original physical characteristics of the channel (such as its shape, width, slope, thalweg, meander, and ratio of shallow areas to deep areas,) in order to provide low-flow aquatic passage throughout the entire disturbed area.

RIPARIAN ZONE MITIGATION CONDITIONS

1. Within 30 days of the issuance of this permit, the permittee shall mitigate for the loss of 5.8 acres of forested riparian zone through the purchase of 5.8 riparian mitigation credits from an approved mitigation bank.

Please note that there is no mitigation bank serving the area of the impact. However, in accordance with N.J.A.C. 7:13-13.9(c), the applicant has demonstrated that mitigation is not feasible in the same watershed management area as the impact, and the nearest option for riparian mitigation is at the following bank:

Cranbury Wetland Mitigation Bank – Contact Doug Lashley of GreenVest LLC at 410- 987-5500 or at Doug@greenvestus.com

2. Within 60 days and prior to initiation of regulated activities, the permittee shall submit proof of purchase for the amount of mitigation credits listed above to the attention of the Mitigation Unit Supervisor, NJDEP, Division of Watershed Protection and Restoration at Mail Code 501- 02A, P.O. Box 420, Trenton, NJ 08625-0420.

3. In the event that mitigation credits are no longer available from the above referenced mitigation bank, the permittee shall contact the Division of Watershed Protection and Restoration , Mitigation Unit to arrange for an alternative mitigation option prior to the initiation of regulated activities.

STANDARD CONDITIONS:

1. The issuance of a permit shall in no way expose the State of New Jersey or the Department to liability for the sufficiency or correctness of the design of any construction or structure(s). Neither

DLRP File No. 1211-16-0001.4 LUP220002 Page 5 of 10

Page 5 of [insert] the State nor the Department shall, in any way, be liable for any loss of life or property that may occur by virtue of the activity or project conducted as authorized under a permit.

2. The issuance of a permit does not convey any property rights or any exclusive privilege.

3. The permittee shall obtain all applicable Federal, State, and local approvals prior to commencement of regulated activities authorized under a permit.

4. A permittee conducting an activity involving soil disturbance, the creation of drainage structures, or changes in natural contours shall obtain any required approvals from the Soil Conservation District or designee having jurisdiction over the site.

5. The permittee shall take all reasonable steps to prevent, minimize, or correct any adverse impact on the environment resulting from activities conducted pursuant to the permit, or from noncompliance with the permit.

6. The permittee shall immediately inform the Department of any unanticipated adverse effects on the environment not described in the application or in the conditions of the permit. The Department may, upon discovery of such unanticipated adverse effects, and upon the failure of the permittee to submit a report thereon, notify the permittee of its intent to suspend the permit.

7. The permittee shall immediately inform the Department by telephone at (877) 927-6337 (WARN DEP hotline) of any noncompliance that may endanger public health, safety, and welfare, or the environment. The permittee shall inform the Watershed & Land Management by telephone at (609) 777-0454 of any other noncompliance within two working days of the time the permittee becomes aware of the noncompliance, and in writing within five working days of the time the permittee becomes aware of the noncompliance. Such notice shall not, however, serve as a defense to enforcement action if the project is found to be in violation of this chapter. The written notice shall include:

i. A description of the noncompliance and its cause;

ii. The period of noncompliance, including exact dates and times;

iii. If the noncompliance has not been corrected, the anticipated length of time it is expected to continue; and

iv. The steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

8. Any noncompliance with a permit constitutes a violation of this chapter and is grounds for enforcement action, as well as, in the appropriate case, suspension and/or termination of the permit.

9. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the authorized activity in order to maintain compliance with the conditions of the permit.

10. The permittee shall employ appropriate measures to minimize noise where necessary during construction, as specified in N.J.S.A. 13:1G-1 et seq. and N.J.A.C. 7:29.

11. The issuance of a permit does not relinquish the State’s tidelands ownership or claim to any portion of the subject property or adjacent properties.

DLRP File No. 1211-16-0001.4 LUP220002 Page 6 of 10

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12. The issuance of a permit does not relinquish public rights to access and use tidal waterways and their shores.

13. The permittee shall allow an authorized representative of the Department, upon the presentation of credentials, to:

i. Enter upon the permittee's premises where a regulated activity, project, or development is located or conducted, or where records must be kept under the conditions of the permit;

ii. Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit; and

iii. Inspect, at reasonable times, any facilities, equipment, practices, or operations regulated or required under the permit. Failure to allow reasonable access under this paragraph shall be considered a violation of this chapter and subject the permittee to enforcement action.

14. The permittee shall not cause or allow any unreasonable interference with the free flow of a regulated water by placing or dumping any materials, equipment, debris or structures within or adjacent to the channel while the regulated activity, project, or development is being undertaken.

Upon completion of the regulated activity, project, or development, the permittee shall remove and dispose of in a lawful manner all excess materials, debris, equipment, and silt fences and other temporary soil erosion and sediment control devices from all regulated areas.

15. The permittee and its contractors and subcontractors shall comply with all conditions, site plans, and supporting documents approved by the permit.

16. All conditions, site plans, and supporting documents approved by a permit shall remain in full force and effect, so long as the regulated activity, project, or development, or any portion thereof, is in existence, unless the permit is modified pursuant to the rules governing the herein approved permits.

17. The permittee shall perform any mitigation required under the permit in accordance with the rules governing the herein approved permits.

18. If any condition or permit is determined to be legally unenforceable, modifications and additional conditions may be imposed by the Department as necessary to protect public health, safety, and welfare, or the environment.

19. Any permit condition that does not establish a specific timeframe within which the condition must be satisfied (for example, prior to commencement of construction) shall be satisfied within six months of the effective date of the permit.

20. A copy of the permit and all approved site plans and supporting documents shall be maintained at the site at all times and made available to Department representatives or their designated agents immediately upon request.

21. The permittee shall provide monitoring results to the Department at the intervals specified in the permit.

22. A permit shall be transferred to another person only in accordance with the rules governing the herein approved permits.

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23. A permit can be modified, suspended, or terminated by the Department for cause.

24. The submittal of a request to modify a permit by the permittee, or a notification of planned changes or anticipated noncompliance, does not stay any condition of a permit.

25. Where the permittee becomes aware that it failed to submit any relevant facts in an application, or submitted incorrect information in an application or in any report to the Department, it shall promptly submit such facts or information.

26. The permittee shall submit email notification to the Bureau of Coastal & Land Use Compliance & Enforcement at CLU_tomsriver@dep.nj.gov at least 3 days prior to commencement of site preparation and/or regulated activities, whichever comes first. The notification shall include proof of completion of all pre-construction conditions, including proof of recording of permits, approved plans and/or conservation easements, if required. The permittee shall allow an authorized Bureau representative on the site to inspect to ensure compliance with this permit.

27. The permittee shall record the permit, including all conditions listed therein, with the Office of the County Clerk (the Registrar of Deeds and Mortgages, if applicable) of each county in which the site is located. The permit shall be recorded within 30 calendar days of receipt by the permittee, unless the permit authorizes activities within two or more counties, in which case the permit shall be recorded within 90 calendar days of receipt. Upon completion of all recording, a copy of the recorded permit shall be forwarded to Watershed & Land Management at the address listed on page one of this permit.

APPROVED PLANS:

The drawing(s) hereby approved consist of forty seven (47) sheets prepared by Thomas R. Decker, P.E. of Jacobs Engineering Group, dated June 27, 2022, unrevised, unless otherwise noted, and entitled:

“GREEN BROOK FLOOD RISK MANAGEMENT PROJECT SUB-BASIN OF THE RARITAN

RIVER SEGMENT C2 & H CONTRACT NO. 2 BORO. OF MIDDLESEX AND GREEN BROOK

TWP, NJ”

“SEGMENT C2 GRADING PLAN SHEET 1 STA. 12+22 TO STA. 17+00”, sheet CG-101;

“SEGMENT C2 GRADING PLAN SHEET 2 STA. 17+00 TO STA. 22+00”, sheet CG-102;

“SEGMENT C2 GRADING PLAN SHEET 3 --”, sheet CG-103;

“SEGMENT C2 GRADING PLAN SHEET 4 STA. 22+00 TO STA. 26+50”, sheet CG-104;

“SEGMENT C2 GRADING PLAN SHEET 5 STA. 26+50 TO STA. 31+00”, sheet CG-105;

“SEGMENT C2 GRADING PLAN SHEET 6 STA. 31+00 TO STA. 33+50”, sheet CG-106;

“SEGMENT C2 GRADING PLAN SHEET 7 STA. 33+50 TO STA. 38+00”, sheet CG-107;

“SEGMENT C2 GRADING PLAN SHEET 8 STA. 38+00 TO STA. 42+75”, sheet CG-108;

“SEGMENT C2 GRADING PLAN SHEET 9 STA. 42+75 TO STA. 47+00”, sheet CG-109;

DLRP File No. 1211-16-0001.4 LUP220002 Page 8 of 10

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“SEGMENT H GRADING PLAN SHEET 1 STA. 50+00 TO STA. 53+75”, sheet CG-151;

“SEGMENT H GRADING PLAN SHEET 2 STA. 53+75 TO STA. 59+25”, sheet CG-152;

“SEGMENT H GRADING PLAN SHEET 3 STA. 59+25 TO STA. 64+50”, sheet CG-153;

“SEGMENT H GRADING PLAN SHEET 4 STA. 64+50 TO STA. 69+00”, sheet CG-154;

“SEGMENT H GRADING PLAN SHEET 5 STA. 69+00 TO STA. 73+25”, sheet CG-155;

“SEGMENT H GRADING PLAN SHEET 6 STA. 73+25 TO STA. 78+00”, sheet CG-156;

“SEGMENT H GRADING PLAN SHEET 7 STA. 78+00 TO STA. 82+75”, sheet CG-157;

“SEGMENT H GRADING PLAN SHEET 8 STA. 82+75 TO STA. 86+75”, sheet CG-158;

“SEGMENT H GRADING PLAN SHEET 9 STA. 86+75 TO STA. 90+23.85”, sheet CG-159;

“SEGMENT C2 PUMP STATION BDR2 GRADING DETAIL”, sheet CG-501;

“SEGMENT C2 BDR2 CUT OUTLET GRADING DETAIL”, sheet CG-502;

“SEGMENT C2 PUMP STATION BDR3 GRADING DETAIL”, sheet CG-503;

“SEGMENT H CULVERT H6 (BDL2) OUTLET GRADING DETAIL SHEET”, sheet CG-551;

“SEGMENT C2 LEVEE TYPICAL SECTIONS”, sheet C-301;

“SEGMENT H LEVEE TYPICAL SECTIONS”, sheet C-351;

“SEGMENT H LEVEE TYPICAL SECTION AT PONDING AREA”, sheet C-352;

“SEGMENT C2 RIPARIAN IMPACT PLAN SHEET 1 STA. 12+22 TO STA. 17+00” sheet R-101, dated November 15, 2022, last revised November 16, 2022;

“SEGMENT C2 RIPARIAN IMPACT PLAN SHEET 2 STA. 17+00 TO STA. 22+00” sheet R- 102, dated November 15, 2022, last revised November 16, 2022;

“SEGMENT C2 RIPARIAN IMPACT PLAN SHEET 3” sheet R-103, dated November 15, 2022, last revised November 16, 2022;

“SEGMENT C2 RIPARIAN IMPACT PLAN SHEET 4 STA. 22+00 TO STA. 26+50” sheet R- 104, dated November 15, 2022, last revised November 16, 2022;

“SEGMENT C2 RIPARIAN IMPACT PLAN SHEET 5 STA. 26+50 TO STA. 31+00” sheet R- 105, dated November 15, 2022, last revised November 16, 2022;

“SEGMENT C2 RIPARIAN IMPACT PLAN SHEET 6 STA. 31+00 TO STA. 33+50” sheet R- 106, dated November 15, 2022, last revised November 16, 2022;

“SEGMENT C2 RIPARIAN IMPACT PLAN SHEET 7 STA. 33+50 TO STA. 38+00” sheet R- 107, dated November 15, 2022, last revised November 16, 2022;

DLRP File No. 1211-16-0001.4 LUP220002 Page 9 of 10

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“SEGMENT C2 RIPARIAN IMPACT PLAN SHEET 8 STA. 38+00 TO STA. 42+75” sheet R- 108, dated November 15, 2022, last revised November 16, 2022;

“SEGMENT C2 RIPARIAN IMPACT PLAN SHEET 9 STA. 42+75 TO STA. 47+00” sheet R- 109, dated November 15, 2022, last revised November 16, 2022;

“SEGMENT H RIPARIAN IMPACT PLAN SHEET 1 STA. 50+00 TO STA. 53+75” sheet R- 151, dated November 15, 2022, last revised November 16, 2022;

“SEGMENT H RIPARIAN IMPACT PLAN SHEET 2 STA. 53+75 TO STA. 59+25” sheet R- 152, dated November 15, 2022, last revised November 16, 2022;

“SEGMENT H RIPARIAN IMPACT PLAN SHEET 3 STA. 59+25 TO STA. 64+50” sheet R- 153, dated November 15, 2022, last revised November 16, 2022;

“SEGMENT H RIPARIAN IMPACT PLAN SHEET 4 STA. 64+50 TO STA. 69+00” sheet R- 154, dated November 15, 2022, last revised November 16, 2022;

“SEGMENT H RIPARIAN IMPACT PLAN SHEET 5 STA. 69+00 TO STA. 73+25” sheet R- 155, dated November 15, 2022, last revised November 16, 2022;

“SEGMENT H RIPARIAN IMPACT PLAN SHEET 6” sheet R-156, dated November 15, 2022, last revised November 16, 2022;

“SEGMENT H RIPARIAN IMPACT PLAN SHEET 6 STA. 73+25 TO STA. 78+00” sheet R- 157, dated November 15, 2022, last revised November 16, 2022;

“SEGMENT H RIPARIAN IMPACT PLAN SHEET 7 STA. 78+00 TO STA. 82+75” sheet R- 158, dated November 15, 2022, last revised November 16, 2022;

“SEGMENT H RIPARIAN IMPACT PLAN SHEET 8 STA. 82+75 TO STA. 86+75” sheet R- 159, dated November 15, 2022, last revised November 16, 2022;

“SEGMENT H RIPARIAN IMPACT PLAN SHEET 9 STA. 86+75 TO STA. 90+23.85” sheet R-160, dated November 15, 2022, last revised November 16, 2022;

“SEGMENT C2 & H EROSION AND SEDIMENT CONTROL DETAIL SHEET 13” sheet EC-513, dated September 23, 2022, last revised September 26, 2022;

“SEGMENT C2 & H EROSION AND SEDIMENT CONTROL DETAILS SHEET 14” sheet EC-514, dated September 23, 2022, last revised September 26, 2022; and

“SEGMENT H CULVERT H6 (BDL2) OUTLET GRADING DETAIL SHEET” sheet CG-551, dated November 16, 2022.

APPEAL OF DECISION:

Any person who is aggrieved by this decision may submit an adjudicatory hearing request within 30 calendar days after public notice of the decision is published in the DEP Bulletin (available at www.nj.gov/dep/bulletin). If a person submits the hearing request after this time, the Department shall deny the request. The hearing request must include a completed copy of the Administrative Hearing

January 17, 2023

Dennis Reinknecht NJDEP-Division of Resilience Engineering & Construction Office of Flood Hazard Risk Reduction Measures 44 S. Clinton Avenue 3rd Flood Trenton, NJ 08625

RE: NJDEP File No. 1211-16-0001.4 (LUP220001) – Correction Letter FWW Individual Permit-Wetlands (not SFH/Duplex)/FWW Individual Permit-Open Water (not SFH/Duplex) Block(s) & Lot(s): [232, 17] [232, 19] [238, 1] [238, 2] [238, 3] [244, 10] [244, 11] [244, 12] [244, 14] [244, 15] [244, 9] [246, 1] [246, 2] [247, 1] [247, 12] [247, 14] [247, 15] [247, 16] [247, 17] [247, 19] [247, 2] [247, 20] [247, 21] [247, 6] [247, 9] [248, 1] [250, 1] [251, 1] [252, 1] [252, 10] [252, 18] [252, 6] [260, 1] [260, 2] [276, 1] [277, 12] [277, 15] [277, 20] [277, 22] [277, 24] [277, 25] [277, 29] [277, 35] [277, 36] [277, 38] [277, 40] [277, 41] [277, 7] [277, 9] [278, 52] [278, 60] [278, 61] [282, 20] [282, 30] [282, 46] [282, 62] [370, 6] Municipality: Middlesex Borough; County: Middlesex

Dear Mr. Reinknecht:

The Division of Land Resource Protection (Division) issued the referenced Freshwater Wetlands Individual Permit for disturbance to wetlands and open waters on January 12, 2023. The mitigation conditions were incorrect. Through issuance of this correction letter, the Division hereby amends the referenced permit to replace the freshwater wetlands mitigation permit conditions with the following conditions:

FRESHWATER WETLAND MITIGATION PERMIT CONDITIONS:

1. The applicant shall mitigate for permanent impacts to 9.72 acres of forested wetlands, 0.71 acres of open waters through the purchase of 10.43 wetland mitigation credits from an approved wetland mitigation bank.

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

Governor Commissioner Commissioner

SHEILA Y. OLIVER

Lt. Governor

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

Division of Land Resource Protection Mail Code 501-02A

P.O. Box 420 Trenton, New Jersey 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.

Cranbury Wetland Mitigation Bank – Contact Doug Lashley of GreenVest LLC at 410- 987-5500 or at Doug@greenvestus.com

2. Within 60 days and prior to initiation of regulated activities, the permittee shall submit proof of purchase for the amount of mitigation credits listed above to the attention of the Mitigation Unit Supervisor, NJDEP, Division of Watershed Protection and Restoration at Mail Code 501-02A, P.O.

Box 420, Trenton, NJ 08625-0420.

3. If mitigation credits are no longer available from the above referenced mitigation bank, the permittee shall contact the Division of Watershed Protection and Restoration, Mitigation Unit to arrange for an alternative mitigation option prior to the initiation of regulated activities.

Please attach this correction letter to the original permit. Please contact me with any questions regarding this matter at tina.wolff@dep.nj.gov, or at 609-777-0454.

Sincerely, Tina Wolff, Supervisor Bureau of Freshwater Wetlands and Highlands Permitting Division of Land Resource Protection c: Municipal Clerk, Middlesex Borough Municipal Construction Official, Middlesex Borough Agent (original) – Thomas Decker

Approval Date January 12, 2023

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 January 11, 2028

Permit Number(s):

1211-16-0001.4 LUP220001

Type of Approval(s):

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

Governing Rule(s):

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

Permittee:

Dennis Reinknecht NJDEP-Division of Resilience Engineering & Construction Office of Flood Hazard Risk Reduction Measures 44 S. Clinton Avenue 3rd Flood Trenton, NJ 08625

Site Location:

Block(s) & Lot(s): [232, 17] [232, 19] [238, 1] [238, 2] [238, 3] [244, 10] [244, 11] [244, 12] [244, 14] [244, 15] [244, 9] [246, 1] [246, 2] [247, 1] [247, 12] [247, 14] [247, 15] [247, 16] [247, 17] [247, 19] [247, 2] [247, 20] [247, 21] [247, 6] [247, 9] [248, 1] [250, 1] [251, 1] [252, 1] [252, 10] [252, 18] [252, 6] [260, 1] [260, 2] [276, 1] [277, 12] [277, 15] [277, 20] [277, 22] [277, 24] [277, 25] [277, 29] [277, 35] [277, 36] [277, 38] [277, 40] [277, 41] [277, 7] [277, 9] [278, 52] [278, 60] [278, 61] [282, 20] [282, 30] [282, 46] [282, 62] [370, 6] Municipality: Middlesex Boro County: Middlesex

Description of Authorized Activities:

As part of a comprehensive flood management project being implemented throughout the Green Brook Basin, this permit authorizes the Green Brook Flood Risk Management Project known as Segment C2, Contract 2 and Segment 2, Contract H. Specifically, this permit authorizes the construction of structural flood protection along the north/northwest and south/southeast banks of Bound Brook located in the Borough of Middlesex, Middlesex County. Authorized activities involve the construction of 580 linear feet of cast in place concrete floodwall; 5,200 linear feet of earthen levee; pump stations; a flood gate across South Lincoln Avenue; internal drainage features; two (2) gate well structures; and multiple outfall structures.

This approval includes a Water Quality Certification (WQC).

Prepared by:

Tina Wolff

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

P E R M I T

DLRP File No. 1211-16-0001.4 LUP220001 Page 2 of 10 Dennis Reinknecht NJDEP-Office of Flood Hazard Risk Reduction Measures

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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.

FWWL Individual Permit

Permanent Disturbance (Acres)

Temporary Disturbance (Acres)

Freshwater wetlands 9.72 0

Transition areas 5.45 0

State open waters 0.71 0

PRE-CONSTRUCTION CONDITIONS:

1. Timing: If this permit contains a condition that must be satisfied prior to the commencement of construction, the permittee must comply with such condition(s) within the time required by the permit or, if no time specific requirement is imposed, then within six months of the effective date of the permit, or provide evidence satisfactory to the Division that such condition(s) cannot be satisfied.

2. Prior to the commencement of site clearing, grading, or construction onsite, the permittee shall install a sediment barrier at the limits of disturbance authorized herein, which is sufficient to prevent the sedimentation of the remaining freshwater wetlands and transition areas and shall serve as a physical barrier protecting these areas from encroachment by construction vehicles or other soil-disturbing activities. All sediment barriers and soil erosion control measures shall be kept in place and maintained throughout the duration of construction, until such time that the site is stabilized.

3. The authorized activities shall comply with the applicable conditions set forth under N.J.A.C. 7:7- 5.7, 9.3, and 20.2. Failure to comply with these conditions shall constitute a violation of the Freshwater Wetlands Protection Act (N.J.S.A. 13:9B-1 et. seq.). Any additional un-permitted disturbance of freshwater wetlands, State open waters, 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 disturbance.

4. The Department has determined that the freshwater wetlands affected by this permit authorization are of intermediate and ordinary resource value and the standard transition area adjacent to intermediate resource value wetlands is 50 feet. There is no standard transition area or buffer is required adjacent to ordinary resource value wetlands. Please refer to the Freshwater Wetlands Protection Act (N.J.S.A. 13:9B-1 et seq.) and implementing Rules (N.J.A.C. 7:7A) for additional information.

5. In order to prevent adverse impacts to the Indiana Bat and Migratory birds, the clearing of trees 6 inches diameter at breast height or greater shall not occur on-site from March 15th to September 30th of each calendar year.

DLRP File No. 1211-16-0001.4 LUP220001 Page 3 of 10

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FRESHWATER WETLAND MITIGATION PERMIT CONDITIONS:

1. The applicant shall mitigate for permanent impacts to 9.72 acres of forested wetlands and 0.71 acres of open waters which is a part of the overall Green Brook Flood Control project comprised of impacts to

48.527 acres of forest/scrub shrub wetlands; 0.38 acres of emergent wetlands; and 2.238 acres of open water. Mitigation in the form of enhancement and preservation projects will be provided at three offsite locations as shown on the plans entitled:

“HOFFMAN ROAD MITIGATION SITE; WETLAND/UPLAND ENHANCEMENT AND

PRESERVATION;BLOCK 32, LOT 6.06; MONROE TOWNSHIP, MIDDLESEX COUNTY, NEW

JERSEY; WATERSHED MANAGEMENT AREA - 9” sheet 1 through 9, dated 05/20/2022, last revised 11/21/2022 and prepared by Geoffrey M. Goll for Princeton Hydro.

“NEW ROAD MITIGATION SITE;WETLAND/UPLAND ENHANCEMENT AND PRESERVATION;

BLOCK 40 LOT 16.03; SOUTH BRUNSWICK TOWNSHIP, MIDDLESEX COUNTY, NEW JERSEY;

WATERSHED MANAGEMENT AREA-9” sheets 1 through 12, dated 05/20/2022, last revised 10/20/2022 and prepared by Geoffrey M. Goll for Princeton Hydro.

“LOWER RARITAN CENTER MITIGATION SITE; BLOCK 395, LOT 37; EDISON TOWNSHIP;

MIDDLESEX COUNTY, NEW JERSEY” sheet 1 through 61, dated 06/28/2022, last revised 10/1/2022 and prepared by Geoffrey M. Goll for Princeton Hydro.

NOTE: The Lower Raritan Center site is approved conditionally upon receipt of confirmation from the Bureau of Environmental Evaluation and Risk Assessment (BEERA) that mitigation can be conducted on this site without resulting in an unacceptable ecological risk.

2. All mitigation shall be conducted prior to or concurrent with the construction of the approved project (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.

3. 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).

4. The following conditions shall apply to the projects:

a. 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. 7:7A-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, NJDEP Division of Watershed Protection and Restoration for verification. (N.J.A.C. 7:7A-

12.1 et. seq.)

b. The permittee shall notify the Mitigation Unit at the Division of Watershed Protection 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.

DLRP File No. 1211-16-0001.4 LUP220001 Page 4 of 10

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c. 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.

d. 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.

e. 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.

f. 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 Protection and Restoration in writing to arrange a post-grading construction meeting among the permittee, contractor, consultant and the Division.

g. Within 60 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. 7:7A-11.12). The Construction Completion Report shall contain, at a minimum, the following information:

i.…