RTA_30_Permits_Review Comments.pdf

Attachment H Existing Permits (See Part 4 for existing and required permits)

Attachment H-1 Campbell Ave Culvert FedCon AUG 3 2023

August 3, 2023 Peter Weppler Chief, Environmental Analysis Branch Department of the Army New York District, Corps of Engineers Jacob K. Javits Federal Building 26 Federal Plaza New York, NY 10278

Dennis Reinknecht, Director NJDEP Division of Resilience Engineering and Construction 1510 Hooper Avenue, Suite 140 Toms River, NJ 08753

RE: Federal Consistency and Water Quality Certificate File and Activity No.: 1331-14-0001.8 CDT230001 Applicant: USACE New York District Project: Hurricane and Storm Damage Reduction Project – Campbell Avenue Culvert Block(s) and Lot(s): [268, 27] [276, 47]

Municipality: Middletown Twp; County: Monmouth

Dear Mr. Weppler and Mr. Reinknecht:

The New Jersey Department of Environmental Protection (NJDEP), Division of Land Resource Protection (Division), acting under Section 307 of the Federal Coastal Zone Management Act (P.L. 92-

583) as amended, has reviewed the Army Corps of Engineers (ACOE) and NJDEP Office of Coastal Engineering’s (OCE) request for authorization to construct three culverts as part of Phase II Contract 4 of the Port Monmouth Hurricane and Storm Damage Reduction Project.

The Division has determined that the project is conditionally consistent with New Jersey’s Coastal Zone Management Rules N.J.A.C. 7:7-1.1 et seq., (amended on October 5, 2021), and the applicable Rules guiding issuance for a Section 401 Water Quality Certificate, provided that the conditions outlined below are met to the satisfaction of the Department of Environmental Protection.

Project Description

Phase II of the ACOE/NJDEP OCE Port Monmouth Hurricane and Storm Damage Reduction Project consists of five separate contracts, located in Middletown Township, Monmouth County. Phase II Contract 4 consists of specific flood risk management components. Specifically, this contract includes

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

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

Governor Commissioner

SHEILA Y. OLIVER

Lt. Governor

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

Watershed & Land Management Program Mail Code 501-02A

P.O. Box 420 Trenton, New Jersey 08625-0420 www.nj.gov/dep/landuse

DLRP File #1331-14-0001.8 2

871 linear feet of concrete floodwall, 1,040 linear feet of levee, rerouting of the Henry Hudson trail, two road closure gates at Broadway Avenue and Campbell Avenue and seven drainage outlet structures.

Based on modeling from a new guidance document from the Federal Emergency Management Agency (FEMA) it was determined that there is a need for additional culverts and a swale at Campbell Avenue to ensure that the Flood Control project will not cause an increase is the rise of surface water from storm events. Based on the FEMA modeling, this Federal Consistency is for the installation of three 18” diameter culverts and a diversion swale in the western approach of Campbell Avenue, to be built as part of Phase II Contract 4. This consistency determination is issued subject to compliance with the specific conditions below.

The work is show on site plans on nine (9) sheets, sheets 3-11, entitled: “HURRICANE AND

STORM DAMAGE REDUCTION RARITAN BAY AND SANDY HOOK BAY PHASE II,

CONTRACT 4B PORT MONMOUTH NEW JERSEY”, dated April 13, 2023, unrevised and prepared by US Army Corps of Engineers, New York District.

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

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

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

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

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

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

6. All excavated material shall be disposed of in a lawful manner. For example, it should be placed outside of any flood hazard area, riparian zone, regulated water, freshwater wetland and adjacent transition area, and in such a way as to not interfere with the positive drainage of the receiving area.

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

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

8. The Department has determined that this project meets the requirements of the Stormwater Management rules at N.J.A.C. 7:8. Any future expansion or alteration of the approved stormwater management system, which would affect water quality, increase the rate or volume of stormwater leaving the site, affect the infiltration capacity on the site, or alter the approved low impact site design, shall be reviewed and approved by the Department prior to construction. This includes any proposed changes to the discharge characteristics of any basin, the construction of new inlets

DLRP File #1331-14-0001.8 3 or pipes that tie into the storm sewer network and/or the replacement of existing inlets or pipes with structures of different capacity.

Coastal Wetland Mitigation Conditions:

1. The permittee shall mitigate for the permanent disturbance to 0.019 acres of emergent wetlands and the temporary disturbance of 0.191 acres of emergent wetlands through an on-site or off-site creation, restoration, or enhancement project, or with the purchase of credits from a mitigation bank serving the appropriate watershed management area.

2. At least 90 days prior to the initiation of regulated activities authorized by this permit, the permittee shall submit a mitigation proposal to the Division of Watershed Protection and Restoration (Division) for review and approval. Activities authorized by this permit shall not begin until the permittee has obtained written approval of a mitigation plan from the Department.

3. All mitigation for permanent disturbances shall be conducted prior to or concurrent with the construction of the approved project. 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. All mitigation for temporary disturbances shall be conducted immediately following completion of the activity that cause the disturbance and shall be continued to completion within six months after the end of the activity that caused the disturbance.

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

5. If the permittee is purchasing credits from a mitigation bank to satisfy a mitigation requirement, prior to the initiation of regulated activities authorized by this permit, the permittee shall submit proof of purchase for 0.019 mitigation credits from an approved wetland mitigation bank 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.

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

Marsh Bog 1 and Marsh Bog 2 Mitigation Banks – Contact Mark Renna, Evergreen Environmental, LLC. Phone: (201) 644-7302 or (973) 356-7164. Email:

mrenna@evergreenenv.com;

Manasquan River Mitigation Bank – Contact Doug Lashley, GreenVest. Phone: (401) 987- 5500. Email: Doug@greenvestus.com; or Brian Cramer, GreenVest. Phone: (732) 902-6644.

Email: Brian@greenvestus.com.

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

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

mailto:mrenna@evergreenenv.com mailto:Doug@greenvestus.com mailto:Brian@greenvestus.com http://www.nj.gov/dep/landuse/forms/chkmitig.pdf http://www.nj.gov/dep/landuse/forms/chkmitig.pdf https://dep.nj.gov/wlm/forms/

DLRP File #1331-14-0001.8 4

b. Prior to the completion of the mitigation project, the permittee shall complete, sign and file with the County Clerk (the Registrar of Deeds and Mortgages in some counties), a conservation restriction that meets the requirements of N.J.A.C. 7:7-18. 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:

https://dep.nj.gov/wlm/forms/. The permittee is required to include a metes and bounds description shown on a map. Within 10 days of filing the conservation restriction, the permittee must send a copy of the conservation restriction to the Mitigation Unit, NJDEP Division of Watershed Protection and Restoration for verification.

c. 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.

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

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

Specifically, all equipment, especially tracks and tires, must be thoroughly cleaned every time equipment or vehicles move from an area containing invasive plants or from off-site to the mitigation area. 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 offsite location rather than mulched and reused or stockpiled elsewhere on the site. For information on the specific species that are considered to be invasive, please refer to the Invasive Plant Atlas at http://www.invasiveplantatlas.org/index.html.

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

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

h. Within 60 days following the completion of the mitigation project, the permittee shall submit a Construction Completion Report to the Division detailing as-built conditions. The Construction Completion Report shall contain, at a minimum, the following information:

http://www.invasiveplantatlas.org/index.html

DLRP File #1331-14-0001.8 5

1) A completed Wetland Mitigation Project Completion of Construction Form that certifies the mitigation project has been constructed as designed and that the proposed area of wetland creation, restoration or enhancement has been accomplished. This form is located at on the Division’s website at:

www.dep.nj.gov/wlm in the Mitigation tab of Forms & Checklists.

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

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

4) Any changes to the approved mitigation plan that were made during construction and an explanation for the deviation(s).

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

k. The permittee shall monitor the mitigation for 5 full growing seasons beginning the year after the mitigation project has been completed. The permittee shall submit monitoring reports to the Division of Watershed Protection and Restoration no later than December 31st of each full monitoring year. All monitoring reports must include the standard items identified in the checklists entitled Wetland Mitigation Monitoring Project Checklist and Tidal Wetland Mitigation Monitoring Checklist. The Wetland Mitigation Monitoring Project Checklist and Tidal Wetland Mitigation Monitoring Checklist are located at https://dep.nj.gov/wlm/forms/.

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

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

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

3) Photographs, both pre and post-construction, of the tidal wetland mitigation project including a photo location map as well as the GPS waypoints in NJ state plane coordinates NAD 1983; and

4) For Tidal Wetland creation projects only:

http://www.dep.nj.gov/wlm http://www.nj.gov/dep/landuse/forms/wmm_checklist.pdf http://www.nj.gov/dep/landuse/forms/twmm_checklist.pdf http://www.nj.gov/dep/landuse/forms/twmm_checklist.pdf http://www.nj.gov/dep/landuse/forms/wmm_checklist.pdf http://www.nj.gov/dep/landuse/forms/twmm_checklist.pdf http://www.nj.gov/dep/landuse

DLRP File #1331-14-0001.8 6

i. Documentation that the mitigation site meets the definition of a tidal wetland as defined at N.J.A.C. 7:7-9.27, including the results of monitoring over one or more successive lunar months.

m. The permittee is responsible for assuming all liability for any corrective work necessary to meet the success criteria established above. The Division will notify the permittee in writing if the mitigation project is considered to be a failure. Within 30 days of notification, the permittee shall submit a revised mitigation plan to meet the success criteria identified above for Division review and approval. The financial surety, if required, will not be released by the Division until such time that the permittee satisfies the success criteria as stipulated above.

This Federal Consistency is authorized pursuant to all parties following the guidelines set forth, and agreed upon, for the construction of the proposed structures.

Pursuant to 15 CFR 930.44, the Division reserves the right to object and request remedial action if this proposal is conducted in a manner, or is having an effect on, the coastal zone, that is substantially different than originally proposed.

Thank you for your attention to and cooperation with New Jersey’s Coastal Zone Management Program. If you have any questions regarding this determination, please do not hesitate to call Kara Turner of our staff at (609) 609-663-2289.

Sincerely, Janet Stewart, Manager Division of Land Resource Protection

CC: Colleen Keller, DLRP

Attachment H-2 Contract 5 Fed Con OCT 27 2021

October 27, 2021

Peter Weppler Chief, Environmental Analysis Branch Department of the Army New York District, Corps of Engineers Jacob K. Javits Federal Building 26 Federal Plaza New York, NY 10278

William Dixon, Director NJDEP Division of Coastal Engineering Office of Climate and Flood Resilience 1510 Hooper Avenue, Suite 140 Toms River, NJ 08753

RE: Project Description: Federal Consistency and Water Quality Certificate

File and Activity No.: 1331-14-0001.7 CDT210001 Applicants: Department of the Army and NJDEP Division of Coastal Engineering Project: Hurricane and Storm Damage Reduction Project, Phase II Contract 5 Block(s) and Lot(s): [133, 1.01] [133, 11] [133, 12] [135, 8] [135, 9] [136, 1] [136, 2] [136, 3] [136, 4] [136, 5] [136, 6] [136, 7] [137, 1] [137, 2.06] [138, 1.01] [139, 6.02] [139, 7] [24, 1.01] [25, 1.01] [26, 2.01] [26, 2.16]

Municipality: Middletown Twp; County: Monmouth

Dear Mr. Weppler and Mr. Dixon:

The New Jersey Department of Environmental Protection (NJDEP), Division of Land Resource Protection (Division), acting under Section 307 of the Federal Coastal Zone Management Act (P.L. 92-

583) as amended, has reviewed the Army Corps of Engineers (ACOE) and NJDEP Division of Coastal Engineering’s (NJDEP DCE) request for authorization to construct Phase II Contract 5 of the Port Monmouth Hurricane and Storm Damage Reduction Project..

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

Coastal Zone Management Rules N.J.A.C. 7:7-1.1 et seq., (amended on July 8, 2020), and the applicable Rules guiding issuance for a Section 401 Water Quality Certificate, provided that the conditions outlined below are met to the satisfaction of the Department of Environmental Protection.

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

Governor Commissioner

SHEILA Y. OLIVER

Lt. Governor

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

Watershed & Land Management Mail Code 501-02A

P.O. Box 420 Trenton, New Jersey 08625-0420 www.nj.gov/dep/landuse

1331-14-0001.7CDT210001 2

Project Description

Phase II of the ACOE/NJDEP DCE Port Monmouth Hurricane and Storm Damage Reduction Project consists of five separate contracts, located in Middletown Township, Monmouth County. Phase II Contract 5 consists of specific flood risk management components. Specifically, the work entails the construction of a 2,036 foot floodwall and a segment of levee that will extend approximately 2,472 feet north from Broadway along the western edge of Compton Creek marsh to the Raritan/Sandy Hook Bay shoreline dune. In addition, the applicant proposes to elevate a 600 foot long section of Port Monmouth Road, a pump station, two drainage outlet structures, a drainage culvert and a drainage system comprised of a swale pipe and culvert along Braindard Avenue. This consistency determination is issued subject to compliance with the specific conditions below.

The work is show on site plans on six (6) sheets, sheets C5-001, C5-002, C5-003, C5-004, C4- 005, C5-006, entitled: “HURRICANE AND STORM DAMAGE REDUCTION RARITAN BAY AND

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

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

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

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

“SITE PLAN”, sheets C-101A to C-101G, “UTILITY PLAN”, sheet C-102, “PROJECT PROFILE”, sheet C-201, “ROAD RAISING, PLAN AND PROFILE”, sheet C-202, “INTERIOR DRAINAGE PROFILE”, sheet C-203, “SHEETPILE WALL PROFILES”, sheet C-205, “SITE DETAILS”, sheet C-503 and “STORMWATER DETAILS”, sheet C-506.

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

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

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

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

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

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

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

1331-14-0001.7CDT210001 3

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

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

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

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

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

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

Freshwater/Coastal Wetland Mitigation Conditions:

1. The permittee shall mitigate for the following impacts:

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

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

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

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

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

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

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

1331-14-0001.7CDT210001 4

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

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

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

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

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

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

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

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

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

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

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

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

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

1331-14-0001.7CDT210001 5

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

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

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

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

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

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

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

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

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

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

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

1331-14-0001.7CDT210001 6

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

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

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

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

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

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

and,

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

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

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

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

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

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

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

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

1331-14-0001.7CDT210001 7

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

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

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

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

(see N.J.A.C. 7:17.11(d)), the permittee shall submit proof of purchase for 0.028 mitigation credits from an approved wetland mitigation bank to the attention of the Mitigation Unit Supervisor, NJDEP, Division of Land Resource Protection at Mail Code 501-02A, P.O. Box 420, Trenton, NJ 08625-0420.

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

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

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

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

8. If mitigation for the filling of intertidal and subtidal shallows as described above is not feasible, then mitigation shall be in the form of a land donation in accordance with the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-15.19.

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

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

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

1331-14-0001.7CDT210001 8

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

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

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

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

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

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

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

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

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

and

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

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

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

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

1331-14-0001.7CDT210001 9

ii. The mitigation site is an intertidal and subtidal shallows area, as defined at N.J.A.C. 7:7- 9.15, or tidal water. The documentation shall include tidal data, topography for the spring high tide line, photographs, and field observation notes collected throughout the monitoring period;

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

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

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

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

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

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

Sincerely, Christopher Jones, Manager Division of Land Resource Protection Bureau of Coastal Permitting

CC: Colleen Keller, Assistant Director DLRP

Attachment H-3 Port Monmouth Fed Con Contract 2 Received AUG 23 2016

CHRIS CHRISTIE

Governor

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Division of Land Use Regulation

KIM GUADAGNO

Lt. Governor

Peter Weppler Chief, Environmental Analysis Branch Department of the Army New York District, Corps of Engineers Jacob K. Javits Federal Building 26 Federal Plaza New York, NY 10278

William Dixon, Manager NJDEP Bureau of Coastal Engineering 1510 Hooper Avenue, Suite 140 Toms River, NJ 08753

Mail Code 50 l-02A P.O. Box420

Trenton, New Jersey, 08625 www.state.ni. us/deo/landuse

RE: Federal Consistency Determination and Water Quality Certificate File No.: 1331-14-0001.4 CDT 160001 Hurricane and Storm Damage Reduction Project, Phase II Contract 2 Port Monmouth, Middletown Township, Monmouth County

Dear Mr. Weppler and Mr. Dixon:

BOB MARTIN

Commissioner

AUG 1 3 Wf6

The New Jersey Department of Environmental Protection (NJDEP), Division of Land Use Regulation (Division), acting under Section 307 of the Federal Coastal Zone Management Act (P.L.

92-583) as amended, has reviewed the Army Corps of Engineers (ACOE) and NJDEP Bureau of Coastal Engineering's (NJDEP BCE) request for authorization to construct the flood risk management components of Phase II Contract 2 of the Pmt Monmouth Hurricane and Storm Damage Reduction Project.

The Division has determined that the project is conditionally consistent with New Jersey's Coastal Zone Management Rules N.J.A.C. 7:7-1.1 et~. (amended on July 6, 2015), and the applicable Rules guiding issuance for a Section 401 Water Quality Ceitificate, provided that the conditions outlined below are met to the satisfaction of the Depmtment of Environmental Protection.

Project Description

Phase II of the ACOE/NJDEP BCE Port Monmouth Hurricane and Storm Damage Reduction Project consists of five separate contracts, located in Middletown Township, Monmouth County. Phase II Contract 2 consists of specific flood risk management components. Specifically, the work entails the construction of a vertical lift tide gate structure with two gates that are each 24.8 feet wide by 19.04 feet high, a 155 linear foot levee along the west side of Pews Creek that ties into the Keansburg levee, a 160 linear foot floodwall along the east side of pews creek that ties into the adjacent highway embankment, and a 120 cubic feet per second pump station will be installed adjacent to the east side of the Keansburg levee. This consistency determination is issued subject to compliance with the specific conditions below.

DLURFileNo. 1331-14-0001.4CDT 160001 2

This work is shown on site plans in eighteen (18) sheets:

- Figure Number P-001, entitled "HURRICANE AND STORM DAMAGE REDUCTION

RARITAN BAY AND SANDY HOOK BAY PHASE II, CONTRACT 2 U.S. ARMY CORP

OF ENGINEERS CONTRACT No. W912DS-13-D-0008", dated July 7, 2016 unrevised, and prepared by Bhavin Gandhi.

-Sheet Identifications G-000-002, C-100, C-10 I, C-10 la, C-10 I b, C-102, C-104, C-105, C-105a, C-501, C-502, C-801, C-802 all sheets entitled: "HURRICANE AND STORM DAMAGE

REDUCTION RARITAN BAY AND SANDY HOOK BAY PHASE II, CONTRACT 2 PORT

MONMOUTH, NEW JERSEY", issue date November 17, 2015, unrevised aud prepared by US Army Corps of Engineers New York District.

-Sheet Identifications C-103 and C-301, both sheets entitled: "HURRICANE AND STORM

DAMAGE REDUCTION RARITAN BAY AND SANDY HOOK BAY PHASE II,

CONTRACT 2 PORT MONMOUTH, NEW JERSEY", issue date August 17, 20!6, and prepared by US Army Corps of Engineers New York District.

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

I. As per the previously issued Federal Consistency for a separate phase of this project, if the osprey nests are not relocated, as outlined in Federal Consistency No.1331-14-000 I.I CDT 150001, then the following condition must be adhered to: In order to protect sensitive habitat for the State-listed Osprey, the permittee shall adhere to a seasonal restriction on the use of heavy construction equipment/machinery within 300 meters of the osprey nest from April I through August 31 of each calendar year. The initiation and implementation of work which generates disturbance ( e.g., sound levels) that is out of character with what currently exists at or surrounding the anticipated work area during the restricted time period recommended above may result in the permittee being in violation of the "take" clauses within State of New Jersey (Endangered and Nongame Species Conservation Act, NJSA 23 :2A-l) and Federal (Migratmy Bird Treaty Act, 16 USC703-7 I 2) statutes.

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

3. This Federal Consistency Determination authorizes work only on propetties where the propetty owner has authorized work on their properties. Work on additional lots may require additional permits and approval from appropriate prope1ty owners.

4. Prior to commence of construction, the ACOE must consult with the State Historic Preservation Office pursuant to Section 106 of the National Historic Preservation Act of 1966.

5. The Freshwater Wetlands Individual Permit (File # 1331-14-000 I .4 FWW 160002) application is currently being reviewed by DLUR and there shall be no disturbance to freshwater wetlands of freshwater wetland transition areas until this application has been approved.