March 4, 2015 Volume 39 Issue 5

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1 March 4, 2015 Volume 39 Issue 5 Application Codes and Permit Descriptions Pg. 2 General Application Milestone Codes Specific Decision Application Codes Permit Descriptions General Information Pg. 3 DEP Public Notices and Hearings and Events of Interest (Water Quality Pg ) Pg Environmental Impact Statement and Assessments (EIS and EA) Pg. 30 Permit Applications Filed or Acted Upon: Division of Land Use Regulation Applicability Determination Pg. 31 CAFRA Permit Application Pg Coastal Wetlands Pg Consistency Determination Pg Flood Hazard Area Pg Freshwater Wetlands Pg Land Use Appeal Pg. 72 Land Use General Permits Pg Special Highlands Resource Pg. 74 Waterfront Development Pg Division of Water Quality Treatment Works Approval (TWA) Pg DEP Permit Liaisons and Other Governmental Contacts Pg Governor Chris Christie New Jersey Department of Environmental Protection Bob Martin, Commissioner

2 General Application Milestone Codes Application Approved F = Complete for Filing P = Permit Decision Date Application Denied H = Public Hearing Date R = Complete for Review Application Withdrawal I = Additional Information Requested T = Additional Information Received A= Approved IS = Issued W= Withdrawn C = Cancelled L = Legal Appeal of Permit Decision D= Denied M = Permit Modification Specific Decision Application Codes O = Other REG = HMDC/Pinelands Exemption Permit Descriptions CAFRA - A Coastal Area Facility Act permit is required to construct residential, commercial, public, transportation, utility and energy-related facilities in the coastal area as defined by the Act. Federal Consistency Activity: Certain federal permits, not limited to the U.S. Army Corps of Engineers Dredge and Fill Permits, require certification by the DEP prior to the issuance of the permit by the federal agency. Flood Hazard Area: A Flood Hazard permit or verification is required for disturbances within the floodway or floodplain in areas regulated under the Flood Hazard Area Control Act. Freshwater Wetlands: A Permit (Letters of Exemption, Letters of Interpretation, Statewide General Permit, Open Water Fill, Individual, Transition Area Waiver, Water Quality Certificate) is needed prior to engaging in a regulated activity in or around freshwater wetlands and associated transition areas. A Flood Hazard Area Permit, an U.S. Army Corps of Engineers Dredge and Fill Permit, and a Water Quality Certification may also be required. General Groundwater Petroleum Products Cleanup: This general permit authorizes the surface water discharge of treated groundwater previously contaminated with petroleum products. NJPDES permits: A permit is required for the discharge of pollutants to surface and groundwater, a discharge from an indirect user or the land application of municipal and/or industrial residuals. (A more comprehensive definition of activities, which require a permit, may be found at N.J.A.C. 7:14A-2.4) Solid Waste Facility: A permit is required to conduct or operate any solid waste facility as defined under the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., and N.J.A.C. 7:26-1 et seq. Highlands Resource: A Highland Preservation Area Approval is required for regulated activities within the Highland Preservation Area as defined in the Highlands Water Protection & Planning Act Preservation Area Rules. Highlands Applicability Determinations verifies certain exemptions allowed by the regulations. Tidal Wetlands: A Coastal Wetlands Permit is needed to excavate, dredge, fill or erect structures on coastal wetlands. Treatment Works Approval: A TWA permit is required for the construction, modification or operation of a treatment works, including sanitary/industrial sewage pretreatment or treatment systems, sewage conveyance systems, sewer extensions and subsurface sewage disposal systems. Waterfront Development: A permit is required for any project involving the development of waterfront near or upon any tidal or navigable waterway in the State. Coastal Wetlands: A permit authorizing disturbances to Mapped Tidal Wetlands under the Wetlands Act of 1970, N.J.S.A. 13:9A

3 General Information The DEP Bulletin is an information service provided by the New Jersey Department of Environmental Protection. In compliance with the Rules and Regulations Governing 90 Day Construction Permits (NJAC 7:1C-1.1 et seq.) this semi-monthly publication contains a list of construction permit applications recently filed or acted upon by the DEP. Using the Application Milestone Codes located on the inside front cover, interested persons can determine the status of Coastal Area Facility Review Act (CAFRA) permits, Federal Consistency Activity permits, Freshwater Wetlands Individual and Statewide General permits, General Groundwater Petroleum Products Cleanup permits, Open Water Fill permits, Solid Waste Facility permits (SWF), Flood Hazard Area (FHA) permits, Tidal Wetlands permits, Waterfront Development permits and Treatment Works Approvals (TWA). In addition, this publication lists status of Highlands application and Highlands Applicability Determinations. In addition, a calendar of Events of Interest and a Schedule of Public Hearings is provided. The public hearings listed do not, however, constitute an official notice. Environmental Impact Statements acted upon during the period are also shown. Additional information concerning the permit applications can be obtained by calling the project manager at the appropriate office listed on the inside back cover. Public Hearings are held for the purpose of obtaining input and reaction to a proposed rule, regulation, or new program. Some hearings may be mandated by law. Generally their scope of impact is statewide or of broad general interest and open to the public. Contested Case Hearings are held between the State and a particular party involving an application, enforcement violation or an appeal. Interest in these hearings is generally limited to those directly involved. DEP Events of Public Interest include public hearings, council meetings, workshops, public information meetings, and exams. Appeals on Applications Any individual who would like to appeal a decision on an application should direct their remarks to: Office of Legal Affairs Attn: Adjudicatory Hearing Requests Department of Environmental Protection PO Box 402 Trenton, NJ

4 EVENTS OF PUBLIC INTEREST DATE: March 17, 2015 TIME: PLACE: 12:00 pm Landscape Irrigation Contractors Examing Board Meeting 401 East State Street, 4 th floor conference room (4E002) Trenton, NJ 08625

5 Notice of Public Comment Period for Request for Federal Consistency Determination The requests for a Federal Consistency Determination for the projects listed below are reviewed under the Rules on Coastal Zone Management, N.J.A.C. 7:7E. COUNTY MUNICIPALITY PROJECT NUMBER PROJECT LOCATION APPLICANT NAME DATE RECEIVED PROJECT MANAGER PROJECT DESCRIPTIION ADDRESS CAPE MAY CO CONSTRUCTION OF A FAST RESPONSE US COAST GUARD CAPE MAY CITY S. DEITRICK CUTTERS SUPPORT FACILITY AND 5505 ROBIN HOOD RD 2/12/2015 IMPROVEMENTS TO THE WATERFRONT SUITE K AS WELL AS IMPROVEMENTS TO NORFOLK, VA LANDSIDE FACILITIES NEW JERSEY CLEARANCE OF A PROPOSED RULE FOR US DEPT. OF COMMERCE STATEWIDE J. COBB ADDRESSING IMPLEMENTATION OF DRAFT NATIONAL MARINE FISHERIES 1/29/2015 AMENDMENT 6 TO THE 2006 CONSOLIDATED SILVER SPRING, MD ATLANTIC HIGHLY MIGRATORY SPECIES FISHERY MANAGEMENT PLAN GLOUCESTER CO RECONSTRUCTION OF AN UPLAND US ARMY CORPS OF ENGINEERS LOGAN TWP S. DIETRICK CONFINED DISPOSAL FACILITY 100 PENN SQUARE EAST PHILADELPHIA, PA For additional information on the proposed project, please contact the project manager listed above at (609) Written comments should be submitted within 15 days of publication date to: New Jersey Department of Environmental Protection Division of Land Use Regulation PO BOX 439 Trenton, New Jersey Attn: (Name of project manager listed above)

6 New Jersey Department of Environmental Protection Water Resources Office of Water Resource Management Coordination Mail Code A PO Box 420, 401 East State Street Trenton, New Jersey Notice of Public Comment Period Regarding Site Specific Water Quality Management Plan Amendment Applications Pursuant to P.L.2013, c.188 Notice is hereby given that the New Jersey Department of Environmental Protection (NJDEP), Office of Water Resource Management Coordination, has received the following Water Quality Management Plan site specific amendment requests pursuant to P.L. 2013, c.188. P.L. 2013, c.188 directs the Department to accept and process certain site specific amendment proposals despite the absence of a wastewater management plan in compliance with the Water Quality Management Plan rules. Pursuant to the provisions of the Statewide Water Quality Management Planning rules (N.J.A.C. 7:15-3.4), notices of amendment proposals and the Department s subsequent final action are to be published in the New Jersey Register (NJR). In accordance with P.L. 2013, c.188, notice of site specific amendments for projects or activities having a wastewater planning flow of less than 20,000 gallons per day (gpd) or being less than 100 acres in size is to be published in the Department of Environmental Protection (DEP) Bulletin. Notice of site specific amendment proposals for changes in sewer service area designation, which may include new or expanded wastewater treatment facilities, are individually provided below. An appointment to review the file for any of the proposals may be arranged by calling the Office of Water Resource Management Coordination at (609) The Department s file is available for inspection between 8:30 a.m. and 4:00 p.m., Monday through Friday at 401 East State Street, Trenton, New Jersey. Interested person may submit written comments on any of the proposals. When providing comments, specify which proposal the comments are being provided for. All comments must be submitted within 30 days of the date of this public notice to the address cited below. All comments submitted prior to the close of the comment period shall be considered by the Department in reviewing the amendment request. Interested persons may request that the Department hold a non-adversarial public hearing or extend the public comment period up to 30 additional days for any of the proposals. These requests must state the nature of the issues to be raised at the proposed hearing or state the reasons why the proposed extension is necessary. The requests must be submitted within 30 days of the date of this public notice to the address cited below. If a public hearing is held, the public comment period in this notice shall be extended to close 15 days after the public hearing. Written comments should be submitted to: Colleen Kokas, Director Office of Water Resource Management Coordination Mail Code A PO Box 420, 401 East State Street Trenton, New Jersey Notice(s) of site specific proposals that qualify for review under P.L. 2013, c. 188 are individually provided below: Proposed Amendment to the Tri-County Water Quality Management Plan Public Notice Crystal Lakes Take notice that the New Jersey Department of Environmental Protection (Department) is seeking public comment on a proposed amendment to the Tri-County Water Quality Management (WQM) Plan. This amendment proposal, submitted by the Monroe Municipal Utilities Authority, would expand the sewer service area (SSA) of the Gloucester County Utilities Authority Sewage

7 Treatment Plant (GCUA STP) to include the entirety or portions of 78 residential and 10 commercial parcels in Monroe Township, Gloucester County. The project is identified as Crystal Lakes Area, Project Identification No , Activity No. AMD and includes the following parcels: Block 301, Lots 29, 30, 33, 35-42; Block 401, Lots 20-27; Block 501, Lots 25-27, 29, 31-37, 42, 42.01, 43, 45; Block 603, Lots 1-4, 7-13, 17, 31; Block 604, Lots 1.01, 1.02, 5-15, 18; Block 605, Lot 1; Block 606, Lots 1, 2; Block 611, Lots 1, 3-7, This application has been reviewed in accordance with the Water Quality Management Planning rules that set the environmental standards to be applied to an amendment at N.J.A.C. 7: , N.J.A.C. 7: as modified by P.L. 2011, c. 203 (amended by P.L. 2013, c. 188). Section 6 of P.L. 2013, c. 188 allows for the consideration of an application for a WQM Plan amendment that does not propose a specific project or activity and delineates as SSA a parcel not to exceed 100 acres in size that complies with the regulatory criteria for the delineation of a SSA established at N.J.A.C. 7: The proposed expansion of SSA complies with N.J.A.C. 7: (g), as the Department has determined that Environmentally Sensitive Areas (ESAs) in the proposed SSA are included, bot to allow infill development, and to remove undulations in the SSA boundary as necessary to create a linear boundary that relates to recognizable geographic or political features as allowed by N.J.A.C. 7: (b)2, and that the ESAs included in the SSA are not critical to a population of endangered or threatened species, the loss of which would decrease the likelihood of the survival or recovery of the species in the State. Pursuant to P.L. 2011, c. 203, as amended by P.L. 2013, c. 188, the Department, in consultation with the applicable wastewater management planning agency, may approve the inclusion of land within a SSA notwithstanding that existing treatment works may not currently have the assured capacity to treat wastewater from such land without infrastructure improvements or permit modification. Therefore, amendments to modify a SSA may be approved if such actions are compliant with the applicable sections of the Water Quality Management Planning rule (N.J.A.C. 7:15) regardless of whether capacity has been fully assessed, however, in accordance with N.J.A.C. 7: (h)1, the projected wastewater flow of the project has been evaluated. The proposed wastewater flow, as calculated in accordance with N.J.A.C. 7:14A-23.3 is 20,078 gallons per day. Currently, the GCUA STP is permitted to discharge 27 million gallons per day (MGD) of treated wastewater to the Delaware River under NJDPES permit number NJ The average of the last twelve months of discharge monitoring data show that the GCUA STP has discharged an average daily flow of MGD. The additional 0.20 MGD of wastewater from the expanded SSA will not exceed the permitted capacity of the GCUA STP. The GCUA STP provides treatment for the northern portion of Gloucester County known as the Consolidated District. Along with Monroe Township, the Consolidated District includes Clayton ugh, Deptford Township, Glassboro ugh, Mantua Township, National Park ugh, Paulsboro ugh, Pitman ugh, Wenonah ugh, West Deptford Township, Westville ugh, Woodbury City, Woodbury Heights ugh, and portions of East Greenwich, Elk, and Washington Townships. As part of the GCUA WMP, an environmental constraints/build-out analysis was performed for these Townships in order to identify future wastewater needs. Based on the analysis, Monroe Township has a projected need to treat MGD of additional wastewater flow, which is not yet connected to the GCUA STP. The additional MGD of planned wastewater flow generated from this project would be added to the current planning flow of MGD, resulting in a new residential planning flow of MGD for Monroe Township. The GCUA WMP would be updated to reflect the proposed SSA expansion. In accordance with N.J.A.C. 7: , environmentally sensitive areas (ESAs) have been assessed to determine what areas are appropriate for inclusion in the proposed SSA. ESAs are defined as contiguous areas of 25 acres or larger consisting of habitat for threatened and endangered species as identified on the Landscape Project Maps of Habitat for Endangered, Threatened or Other Priority Species, Natural Heritage Priority Sites, Category One special water resource protection areas, and wetlands, alone or in combination. These ESAs are not included in the proposed SSA. In accordance with N.J.A.C. 7: (b)1, to determine areas designated as threatened or endangered species habitat, the Department utilized the Division of Fish and Wildlife s Landscape Project Maps of Habitat for Endangered, Threatened or Other Priority Species, version 3.1. Areas identified by the Landscape Project as being suitable habitat for threatened and endangered species Ranks 3 (State threatened), 4 (State endangered), and 5 (Federal endangered or threatened) are not to be included in proposed SSAs except as provided under N.J.A.C. 7: (e) (h), or unless a site has undergone a site specific Habitat Suitability Determination prepared in accordance with N.J.A.C. 7: that found the site to be not suitable habitat, or pursuant with N.J.A.C. 7: (g)2, the Department determined the ESA is not critical to a population of endangered or threatened species the loss of which would decrease the likelihood of the survival or recovery of the identified species. Review of the site has determined that no threatened or endangered species habitat exists on site. In accordance with N.J.A.C. 7: (b)2, areas mapped as Natural Heritage Priority Sites are not to be included in proposed SSAs, except as provided under N.J.A.C. 7: (e) (h). Review of the project site has determined that no Natural Heritage Priority Sites exist on site.

8 In accordance with N.J.A.C. 7: (b)3, special water resource protection areas along Category One waters and their tributaries established under the Stormwater Management rules, N.J.A.C. 7:8 are not to be included in the proposed SSA, except as provided under N.J.A.C. 7: (e) (h). Review of the project site has determined that no Category One waterways or their tributaries exist in the project area. In accordance with N.J.A.C. 7: (b)4, areas mapped as wetlands pursuant to N.J.S.A. 13:9A-1 and 13:9B-25 are not to be included in proposed SSAs, except as provided under N.J.A.C. 7: (e) (h). Wetlands identified on Block 501, Lots 31, 32, 45 have been included in the proposed SSA as they are less than 25 acres and not contiguous. Wetland areas are also included in the proposed SSA on the developed residential parcels on Blocks 604, 605, 606, 301, and commercial parcels on Block 501 and 611, pursuant to N.J.A.C. 7: (g), as the Department has determined that these wetlands in the proposed SSA are included to remove undulations in the SSA boundary as necessary to create a linear boundary that relates to recognizable geographic or political features as allowed by N.J.A.C. 7: (b)2, and that the ESAs included in the SSA are not critical to a population of endangered or threatened species, the loss of which would decrease the likelihood of the survival or recovery of the species in the State. Essentially, these parcels are generally small, less than ¼ of an acre and predominantly not environmentally sensitive. The proposed SSA also includes wetlands on undeveloped parcels, Block 301, Lots 35 and 39, where only a portion of the lots fronting Herbert Boulevard are proposed for inclusion in the SSA. These parcels are included in the proposed SSA pursuant to N.J.A.C. 7: (g), as the Department has determined that wetlands in the proposed SSA are included to allow infill development, and that the ESAs included in the SSA are not critical to a population of endangered or threatened species, the loss of which would decrease the likelihood of the survival or recovery of the species in the State. In accordance with N.J.A.C. 7: (c), lands within certain coastal planning areas (Coastal Fringe, Coastal Rural, and Coastal Environmentally Sensitive Planning Areas) are not included in the SSA. The project site is not in a coastal planning area. Pursuant to N.J.A.C. 7: (d), special restricted areas including areas with Federal 201 grant limitations that prohibit the extension of sewers to serve development in specified areas such as wetlands and floodplains, in addition to special restricted areas of designated beaches, coastal high hazard areas, and dunes are not included in the SSA. These restricted areas are not applicable here. This proposed amendment represents only one part of the permit process and other issues may need to be addressed prior to final permit issuance. Additional issues which may need to be addressed may include, but are not limited to, the following: compliance with stormwater regulations; antidegradation; effluent limitations; water quality analysis; exact locations and designs of future treatment works (pump stations, interceptors, sewers, outfalls, wastewater treatment plants); and development in wetlands flood prone areas, designated Wild and Scenic River areas, or other environmentally sensitive areas which are subject to regulation under Federal or State statutes or rules. This notice is being given to inform the public that a plan amendment has been proposed for the Tri-County WQM Plan. All information related to the WQM Plan and the proposed amendment is located at the Department, Office of Water Resources Management Coordination, P.O. Box 420, Mail Code A, 401 East State Street, Trenton, N.J The Department s file is available for inspection between 9:00 a.m. and 4:00 p.m., Monday through Friday. An appointment to inspect the documents may be arranged by calling the Office of Water Resources Management Coordination at (609) Interested persons may submit written comments on the proposed amendment to WQM Program Docket, at the Department address cited above with a copy sent to Mr. Jerry Moore, Executive Director, Monroe Municipal Utilities Authority, 372 South Main Street, Williamstown, NJ All comments must be submitted within 30 days of the date of this public notice. All comments submitted prior to the close of the comment period shall be considered by the Department in reviewing the amendment request. Interested persons may request in writing that the Department hold a non-adversarial public hearing on the amendment or extend the public comment period in this notice up to 30 additional days. These requests must state the nature of the issues to be raised at the proposed hearing or state the reasons why the proposed extension is necessary. These requests must be submitted within 30 days of the date of this notice to WQM Program Docket at the Department address cited above. If a public hearing for the amendment is held, the public comment period in this notice shall be extended to close 15 days after the public hearing. Proposed Amendment to the Tri-County Water Quality Management Plan Public Notice Pinedge III

9 Take notice that the New Jersey Department of Environmental Protection (Department) is seeking public comment on a proposed amendment to the Tri-County Water Quality Management Plan (WQMP). This amendment proposal, submitted on behalf of Joseph Bernardino, Managing Member, PlanLand, LLC, would expand the sewer service area (SSA) of the Delaware No. 1 Wastewater Pollution Control Facility (WPCF) to include portions of Block 2103, Lots 1, 2, and 3 and Block 2202, Lot 1 for the proposed development of 145 single family homes, located in Berlin Township, Camden County. The project is identified as Pinedge III, Project Identification No , Activity No. AMD This proposal would update the Camden County Municipal Utilities Authority (CCMUA) Wastewater Management Plan as well as the Tri-County WQMP. This proposed amendment has been reviewed in accordance with the Water Quality Management Planning rules, N.J.A.C. 7:15-1 et seq. and P.L c.203 as amended and supplemented by P.L c.188. The proposal qualifies as a site specific amendment pursuant to Section 7 of P.L c Pursuant to P.L. 2011, c. 203, as amended by P.L. 2013, c. 188, the Department, in consultation with the applicable wastewater management planning agency, may approve the inclusion of land within a SSA notwithstanding that existing treatment works may not currently have the assured capacity to treat wastewater from such land without infrastructure improvements or permit modification. Therefore, amendments to modify a SSA may be approved if such actions are compliant with the applicable sections of the Water Quality Management Planning rule (N.J.A.C. 7:15) regardless of whether capacity has been fully assessed. However, in accordance with N.J.A.C. 7: (h)1, the projected wastewater flow of the project has been evaluated. The proposed wastewater flow, as calculated in accordance with N.J.A.C. 7:14A-23.3 is 43,500 gallons per day (gpd). Currently, the Delaware No. 1 WPCF is permitted to discharge 80 million gallons per day (MGD) of treated wastewater to the Delaware River under NJDPES permit number NJ The average of the last twelve months of discharge monitoring data show that Delaware No. 1 WPCF has discharged an average daily flow of MGD. The additional MGD of wastewater will not cause the wastewater generation potential of the expanded SSA to exceed the permitted capacity of the treatment facility. In accordance with N.J.A.C. 7: (b)1, to determine areas designated as threatened or endangered species habitat, the Department utilized the Division of Fish and Wildlife s Landscape Project Maps of Habitat for Endangered, Threatened or Other Priority Species, version 3.1. Areas identified by the Landscape Project as being suitable habitat for threatened and endangered species Ranks 3 (State threatened), 4 (State endangered), and 5 (Federal endangered or threatened) are not to be included in proposed SSAs except as provided under N.J.A.C. 7: (e) (h), or unless a site has undergone a site specific Habitat Suitability Determination prepared in accordance with N.J.A.C. 7: that found the site to be not suitable habitat, or pursuant with N.J.A.C. 7: (g)2, the Department determined the ESA is not critical to a population of endangered or threatened species the loss of which would decrease the likelihood of the survival or recovery of the identified species. Landscape Project has identified State Endangered timber rattlesnake habitat. A report submitted by the applicant s environmental consultant, Osprey Environmental indicates that Based upon site inspections, areas of habitat suitable for this species were identified on the subject property. These areas included patches of upland second growth forested woodlands. However, the parcels surrounding the subject property are developed with a mixture of commercial/industrial and residential subdivisions. The developed areas do not provide suitable habitat for the snakes. Habitat would be limited within the area surrounding the subject parcel and possibly would not provide migratory pathways for the species to and from the subject property. The Department s Endangered and Nongame Species Program determine that the site is too landlocked to provide suitable snake habitat. In accordance with N.J.A.C. 7: (b)2, areas mapped as Natural Heritage Priority Sites are not to be included in proposed SSAs, except as provided under N.J.A.C. 7: (e) (h). A Natural Heritage database search request indicates rare plant life in the vicinity of the property and on the property; the endangered swamp-pink. The Department s Endangered and Nongame Species Program recommend applying wetland and riparian buffers to avoid the swamp-pink populations. Accordingly, and as described in further detail below, these buffers have been applied and are not included in the proposed SSA. In accordance with N.J.A.C. 7: (h)5i, riparian zones shall be protected. Riparian zones or buffers are established along all surface waters, based on the surface water body s classification designated at N.J.A.C. 7:9B, under the following regulations: the Flood Hazard Area Control Act Rules, the Stormwater Management rules, and the Water Quality Management Planning rules. Kettle Run, a FW2-NT stream runs west to east on the southern-most part of this property. Flood Hazard Area Verification Approval, File No.: FHA has been obtained. The approved mapping entitled Pinedge III, BK 2202, Lot 1 and BK 2103, Lots 1, 2, and 3, Situate Berlin Township, Camden County, New Jersey prepared by Land Dimensions Engineering, dated August 2013, last revised May 5, 2014, shows wetland and flood hazard areas, and designates a 150 foot riparian protection buffer from the top of bank along both sides of Kettle Run Creek and its unnamed tributary. The riparian width is due to the Department s determination that the critically dependent on regulated water (CDW) species are present on the site and within one linear mile downstream from the site as measured along the length of the regulated water. The waterway and its associated 150 buffer are removed from the proposed SSA. In accordance with N.J.A.C. 7: (b)4, areas mapped as wetlands pursuant to N.J.S.A. 13:9A-1 and 13:9B-25 are not to be included in proposed SSAs, except as provided under N.J.A.C. 7: (e) (h). In accordance with N.J.A.C. 7: (e)2,

10 freshwater wetlands Letter of Interpretation (LOI) # FWW (June 26, 2012) was submitted. The LOI determines that there are freshwater wetlands and wetland buffers present on the property and these are detailed on a plan entitled Outbound Survey, Wetland Flag Location & Topography Check, Block 2202, Lot 1 & Block 2103, Lots 1.01, 1.02, & 1.03, Berlin, NJ, prepared by B&B Hi-Tech Solutions, LLC, dated June 7, 2008, last revised April 3, The wetlands identified along with associated buffers are not included in the proposed SSA. In accordance with N.J.A.C. 7: (c), lands within certain coastal planning areas (Coastal Fringe, Coastal Rural, and Coastal Environmentally Sensitive Planning Areas) are not included in the SSA. The project site is not in a coastal planning area. Pursuant to N.J.A.C. 7: (d), special restricted areas including areas with Federal 201 grant limitations that prohibit the extension of sewers to serve development in specified areas such as wetlands and floodplains, in addition to special restricted areas of designated beaches, coastal high hazard areas, and dunes are not included in the SSA. CCMUA received a federal grant with conditions under Environmental Protection Agency (EPA) project number C for District I as well as C Specifically, the grant condition prohibits sewer connections from new development in wetlands and floodplains. To comply with Section 5.24(d), the applicant submitted a USEPA waiver approval letter, dated December 29, 2014, which indicates that the project will not impact wetlands or the flood hazard area, and grants a partial waiver of the grant condition for this project, as wetlands and wetland transitional areas still remain throughout the site. A sewer connection restriction remains in effect for the wetlands onsite, and any modification to the project resulting in disturbance to wetlands will require a resubmittal of the waiver request to the USEPA for a revised determination. Again, as stated above, wetlands and their associated buffers are not included in the proposed SSA. Additionally, there are no designated beaches, coastal high hazard areas, or dunes onsite. In accordance with N.J.A.C. 7: (h)3 the water supply need for the proposed project has been evaluated. Water would be provided by Berlin ugh Water Department which holds PWSID # , is allocated 94.2 MGM, and currently has a water supply surplus of MGM. Pursuant to N.J.A.C. 5:21-5.3, Table 5.1, the daily residential water demand for a four-bedroom home is 395 gpd, therefore the total water demand for 145 four-bedroom homes is 57,275 gpd or MGD or MGM. The projected water demand of MGM is within the MGM water supply surplus available from Berlin ugh Water Department. This area is within Critical Area 2, which is an area of critical water supply concern, therefore the applicant will request consent from the water department for this proposal. In accordance with N.J.A.C. 7: (h)4, a project or activity s stormwater management is to be evaluated. However, P.L. 2011, c. 203 as amended by P.L. 2013, C. 188, directs there be a presumption that an engineered subdivision or site plan is not required. Compliance with this standard shall be demonstrated by submission of an adopted stormwater management plan and ordinance that conform with the requirements of N.J.A.C. 7:8. The project is in compliance with this standard, as Berlin Township has adopted stormwater control ordinance # , which complies with the performance standards of the Stormwater Management Rules at N.J.A.C. 7:8. The county and local governments are responsible for review and implementation of the Stormwater Management rules during their review and approval of proposed development. In accordance with N.J.A.C. 7: (h)6, proposed development disturbance is not to be located in areas with steep slopes, defined as any slope greater than 20 percent. There are no steep slopes on the subject site. This proposed amendment represents only one part of the permit process and other issues may need to be addressed prior to final permit issuance. Additional issues which may need to be addressed may include, but are not limited to, the following: compliance with stormwater regulations; antidegradation; effluent limitations; water quality analysis; exact locations and designs of future treatment works (pump stations, interceptors, sewers, outfalls, wastewater treatment plants); and development in wetlands flood prone areas, designated Wild and Scenic River areas, or other environmentally sensitive areas which are subject to regulation under Federal or State statutes or rules. This notice is being given to inform the public that a plan amendment has been proposed for the Tri-County WQMP. All information related to the WQMP and the proposed amendment is located at the Department, Office of Water Resources Management Coordination, P.O. Box 420, Mail Code A, 401 East State Street, Trenton, N.J The Department s file is available for inspection between 9:00 a.m. and 4:00 p.m., Monday through Friday. An appointment to inspect the documents may be arranged by calling the Office of Water Resources Management Coordination at (609) Interested persons may submit written comments on the proposed amendment to WQM Program Docket, at the Department address cited above with a copy sent to Richard Clemson, P.E., James Sassano Associates, Inc., 41 South Route 73, Building 1, Suite 201, Hammonton, NJ, All comments must be submitted within 30 days of the date of this public notice. All comments submitted prior to the close of the comment period shall be considered by the Department in reviewing the amendment request.

11 Interested persons may request in writing that the Department hold a non-adversarial public hearing on the amendment or extend the public comment period in this notice up to 30 additional days. These requests must state the nature of the issues to be raised at the proposed hearing or state the reasons why the proposed extension is necessary. These requests must be submitted within 30 days of the date of this notice to WQM Program Docket at the Department address cited above. If a public hearing for the amendment is held, the public comment period in this notice shall be extended to close 15 days after the public hearing Proposed Amendment to the Tri-County Water Quality Management Plan Public Notice Winding Brook Take notice that the New Jersey Department of Environmental Protection (Department) is seeking public comment on a proposed amendment to the Tri-County Water Quality Management Plan (WQMP). This amendment proposal, submitted by Marathon Engineering and Environmental Services on behalf of Krysta Enterprises would expand the sewer service area (SSA) of the Elmwood Avenue Wastewater Treatment Plant (NJPDES Permit # NJ ) to include portions of Block 14, Lot 3, in Evesham Township, Burlington County. This proposal is named Winding Brook Development and is assigned Program Interest No , Activity No. AMD This proposed amendment has been reviewed in accordance with the Water Quality Management Planning rules, N.J.A.C. 7:15-1 et seq and Section 6(h) of P.L c. 203 as amended and supplemented by P.L. 2013, c. 188, which allows for the consideration of an application for a WQMP amendment that does not proposed a specific project or activity and delineates as SSA a parcel, not to exceed 100 acres in size, that had been previously included in a formerly adopted SSA, provided it can be demonstrated with the use of updated or more accurate information that the parcel complies with the regulatory criteria for the delineation of a SSA established at N.J.A.C. 7: In accordance with N.J.A.C. 7: , environmentally sensitive areas (ESAs) have been assessed to determine what areas of the project are appropriate for inclusion in the proposed SSA. Pursuant to N.J.A.C. 7: , ESAs are defined as contiguous areas of 25 acres or larger consisting of habitat for threatened and endangered species as identified on the Landscape Project Maps of Habitat for Endangered, Threatened or Other Priority Species, Natural Heritage Priority Sites, Category One (C1) special water resource protection areas, and wetlands, alone or in combination. These ESAs are not included in the proposed SSA. In accordance with N.J.A.C. 7: (b)1, to determine areas designated as threatened or endangered species habitat, the Department utilized the Division of Fish and Wildlife s Landscape Project Maps of Habitat for Endangered, Threatened or Other Priority Species, version 3.1. Areas identified by the Landscape Project as being suitable habitat for threatened and endangered species Ranks 3 (State threatened), 4 (State endangered), and 5 (Federal endangered or threatened) are not to be included in proposed SSAs except as provided under N.J.A.C. 7: (e) (h), or unless a site has undergone a site specific Habitat Suitability Determination prepared in accordance with N.J.A.C. 7: that found the site to be not suitable habitat, or pursuant with N.J.A.C. 7: (g)2, the Department determined the ESA is not critical to a population of endangered or threatened species the loss of which would decrease the likelihood of the survival or recovery of the identified species. Review of the project site has determined that no threatened or endangered species habitat exists on site. In accordance with N.J.A.C. 7: (b)2, areas mapped as Natural Heritage Priority Sites are not to be included in proposed SSAs, except as provided under N.J.A.C. 7: (e) (h). Review of the project site has determined that no Natural Heritage Priority Sites exist on site. In accordance with N.J.A.C. 7: (b)3, C1 special water resource protection areas are not to be included in the proposed SSAs, except as provided under N.J.A.C. 7: (e) - (h). Sharps Run, classified as a FW2-NT waterbody runs along the northern order of this parcel, however it is not classified a C1 or its tributary. In accordance with N.J.A.C. 7: (b)4, areas mapped as wetlands pursuant to N.J.S.A. 13:9A-1 and 13:9B-25 are not to be included in proposed SSAs, except as provided under N.J.A.C. 7: (e) (h). In accordance with N.J.A.C. 7: (e)2, Letter of Interpretation, L.O.I. # (FWW140001) was submitted, which re-delineates wetlands identified onsite, and these areas are not included in the proposed SSA. In accordance with N.J.A.C. 7: (c), lands within certain coastal planning areas (Coastal Fringe, Coastal Rural, and Coastal Environmentally Sensitive Planning Areas) are not included in the SSA. The project site is not in a coastal planning area. All other special restricted areas as defined at N.J.A.C. 7: (d)1-4; areas with Federal 201 grant limitations that prohibit the extension of sewers to serve development in specified areas such as wetlands and floodplains; and beaches, coastal high hazard areas, and dunes are not applicable to the proposed amendment s site location.

12 This proposed amendment represents only one part of the permit process and other issues may need to be addressed prior to final permit issuance. Additional issues which may need to be addressed may include, but are not limited to, the following: compliance with stormwater regulations; antidegradation; effluent limitations; water quality analysis; exact locations and designs of future treatment works (pump stations, interceptors, sewers, outfalls, wastewater treatment plants); and development in wetlands flood prone areas, designated Wild and Scenic River areas, or other environmentally sensitive areas which are subject to regulation under Federal or State statutes or rules. This notice is being given to inform the public that a plan amendment has been proposed for the Tri-County WQM Plan. All information related to the WQM Plan and the proposed amendment is located at the Department, Office of Water Resources Management Coordination, P.O. Box 420, Mail Code A, 401 East State Street, Trenton, N.J The Department s file is available for inspection between 9:00 a.m. and 4:00 p.m., Monday through Friday. An appointment to inspect the documents may be arranged by calling the Office of Water Resources Management Coordination at (609) Interested persons may submit written comments on the proposed amendment to the Office of Water Resources Management Coordination, at the Department address cited above with a copy sent to Rick Ricciardi, Marathon Engineering and Environmental Services, Inc., 553 Beckett Road, Suite 608, Swedesboro, NJ All comments must be submitted within 30 days of the date of this public notice. All comments submitted prior to the close of the comment period shall be considered by the Department in reviewing the amendment request. Interested persons may request in writing that the Department hold a non-adversarial public hearing on the amendment or extend the public comment period in this notice up to 30 additional days. These requests must state the nature of the issues to be raised at the proposed hearing or state the reasons why the proposed extension is necessary. These requests must be submitted within 30 days of the date of this notice to WQM Program Docket at the Department address cited above. If a public hearing for the amendment is held, the public comment period in this notice shall be extended to close 15 days after the public hearing. New Jersey Department of Environmental Protection Land Use Management Division of Coastal and Land Use Planning Mail Code C PO Box 420, 401 East State Street Trenton, New Jersey Notice Regarding Adoption of Site Specific Water Quality Management Plan Amendment Applications Pursuant to P.L.2013, c.188 Notice is hereby given that the New Jersey Department of Environmental Protection (NJDEP), Office of Coastal and Land Use Planning, has adopted the following Water Quality Management Plan site specific amendment requests pursuant to P.L. 2013, c.188 which was enacted on January 15, This legislation modifies some aspects of the Water Quality Management Planning Program for a period of two years. P.L. 2013, c.188 directs the Department to accept and process certain site specific amendment proposals despite the absence of a wastewater management plan in compliance with the Water Quality Management Plan rules. Pursuant to the provisions of the Statewide Water Quality Management Planning rules (N.J.A.C. 7:15-3.4), notices of amendment proposals and the Department s subsequent final action are to be published in the New Jersey Register (NJR). In accordance with P.L. 2013, c.188, notice of adoption of site specific amendments for projects or activities having a wastewater planning flow of less than 50,000 gallons per day (gpd) or being less than 100 acres in size is to be published in the Department of Environmental Protection (DEP) Bulletin. Notice(s) of adoption of site specific amendment(s) for changes in sewer service area designation, which may include new or expanded wastewater treatment facilities, are individually provided below: Adopted Amendment to the Tri-County Water Quality Management Plan Public Notice: Waterwood at Mount Laurel Township Take notice that February 18, 2015, pursuant to the provisions of the New Jersey Water Quality Planning Act, N.J.S.A. 58:11A-1 et seq., and the Statewide Water Quality Management Planning rules (N.J.A.C. 7:15-3.4), an amendment to the Tri-County WQMP was adopted by the Department of Environmental Protection (Department). This amendment, submitted on behalf of Medford Village East Associates, LLC, returns approximately 24 acres to the sewer service area (SSA) of the Mount Laurel Township

13 Municipal Utility Authority/Hartford Road Water Pollution Control Facility (NJPDES# NJ ) to Block 510, Lot 3 within Mount Laurel Township, Burlington County. This amendment was reviewed in accordance with the Water Quality Management Planning rules, N.J.A.C. 7:15-1 et seq. and P.L c.203 as amended and supplemented by P.L c.188. Section 6(h) of P.L. 2013, c. 188 allows for the consideration of an application for a WQM Plan amendment that does not propose a specific project or activity and delineates as SSA a parcel not to exceed 100 acres in size that complies with the regulatory criteria for the delineation of a sewer service area established at N.J.A.C. 7: In accordance with N.J.A.C. 7: environmentally sensitive areas (ESAs) are assessed to determine what areas of the property are appropriate for inclusion in the proposed SSA. Environmentally sensitive areas are defined based on a composite geographic information systems (GIS) analysis, as any contiguous area of 25 acres or larger consisting of habitat for threatened and endangered species as identified on the Landscape Project Maps of Habitat for Endangered, Threatened or Other Priority Species, Natural Heritage Priority Sites, Category One (C1) special water resource protection areas, and wetlands, alone or in combination, ESAs are required to be excluded from the SSA. Medford Village East Associates, LLC currently owns Block 510, Lots 3 and 3.01 within Mount Laurel Township. As identified in the previously adopted Mount Laurel Municipal Utility Authority Wastewater Management Plan, Block 510, Lots 3 and 3.01 were both designated as SSA. However, as superseded by the Burlington County Future Wastewater Service Area (FWSA) Map adopted on May 7, 2013, within Block 510, Lot 3, approximately 24 acres were removed and only 5 acres retained as SSA. The entirety of Lot 3.01 was included as SSA on the adopted FWSA map. The 24 acres of SSA on Block 510, Lot 3 were removed pursuant to N.J.A.C. 7: based on the presence of wetlands as mapped by the Department s GIS analysis of geo-referenced Wetlands data set (from 2007 Land Use/Land Cover Update). This data set suggested that the wetlands located on Block 510, Lot 3 were part of a contiguous wetlands/ ESA area of 25 acres or greater. As part of this amendment no specific project activity has been presented for the area proposed for inclusion in the SSA. Furthermore, as described below, the Department determined that inclusion of the 24 acres as SSA to this site is compliant with N.J.A.C. 7: (b), and this proposal qualifies as an amendment under the section 6(h) of P.L 2013, c In accordance with N.J.A.C. 7: (b)1, to determine areas designated as threatened or endangered species habitat, the Department utilized the Division of Fish and Wildlife s Landscape Project Maps of Habitat for Endangered, Threatened or Other Priority Species, Landscape Project version 3.1. Areas identified by the Landscape Project as being suitable habitat for threatened and endangered species Ranks 3 (State threatened), 4 (State endangered), and 5 (Federal endangered or threatened) are not to be included in proposed SSAs except as provided under N.J.A.C. 7: (e)-(h) or unless a site has undergone a site specific Habitat Suitability Determination prepared in accordance with N.J.A.C. 7: that found the site to be not suitable habitat, or pursuant with N.J.A.C. 7: (g)2, the Department determined the ESA is not critical to a population of endangered or threatened species the loss of which would decrease the likelihood of the survival or recovery of the identified species. The Department determined no threatened or endangered species habitat or other priority species habitats were identified on the property. In accordance with N.J.A.C. 7: (b)2, areas mapped as Natural Heritage Priority Sites are not to be included in proposed SSAs, except as provided under N.J.A.C. 7: (e) (h). A site review of the property determined that no Natural Heritage Priority Sites exist on site. In accordance with N.J.A.C. 7: (b)3, Category One (C1) special water resource protection areas are not to be included in proposed SSAs, except as provided under N.J.A.C. 7: (e) (h). The Department determined no classified C1 water bodies exist on or near the property. In accordance with N.J.A.C. 7: (b)4, areas mapped as wetlands pursuant to N.J.S.A. 13:9A-1 and 13:9B-25 are not proposed as SSAs, except as provided under N.J.A.C. 7: (e)2. In accordance with N.J.A.C. 7: (e)2, a Letter of Interpretation (LOI) # , dated June 4, 2014 confirmed that the actual size of the delineated regulated onsite wetlands were significantly less in area than depicted on the Department s GIS Wetlands data-set (from 2007 Land Use/Land Cover Update). Moreover, the LOI confirmed that portions of the onsite GIS mapped wetlands were, in fact, state open waters and not regulated wetland areas. Finally, areas identified as contiguous wetlands using the GIS Wetlands data-set are now developed lands. This, in conjunction with the actual size of the onsite wetlands confirmed by the approved LOI thereby reduced the net area of wetlands to less than the 25 acre threshold. Pursuant to N.J.A.C. 7: (c), certain coastal planning areas, not applicable here, must also be excluded from SSA. Specifically, there are no Coastal Fringe Planning Areas, Coastal Rural Planning Areas, or Coastal Environmentally Sensitive Areas on the project site.