ENVIRONMENTAL IMPACT STATEMENT FOR BLOCK 6101, LOT 45 TOWNSHIP OF LIVINGSTON ESSEX COUNTY, NEW JERSEY

Prepared for:

Livingston Corp. Park Assocs., LLC 1480 Route 9 N., Suite 208 Woodbridge, New Jersey 07095

Prepared by:

EcolSciences, Inc. 75 Fleetwood Drive, Suite 250 Rockaway, New Jersey 07866 (973) 366-9500

November 23, 2020

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TABLE OF CONTENTS

---Page

I. EXECUTIVE SUMMARY ...... 1 II. DESCRIPTION OF THE DEVELOPMENT PLAN ...... 3 A. General Description ...... 3 B. Zoning and Planning ...... 3 C. Sanitary Sewage ...... 4 D. Potable Water Supply ...... 4 E. Stormwater Management Facilities ...... 4 F. Utilities Plan ...... 4 G. Solid Waste Plan ...... 5 III. INVENTORY OF EXISTING NATURAL RESOURCES ...... 6 A. Geology...... 6 B. Topography ...... 7 C. Soils ...... 7 D. Ground Water Quantity and Quality ...... 9 E. Surface Water Quantity and Quality ...... 10 F. Vegetation ...... 11 G. Wildlife ...... 12 H. Critical Environmental Features ...... 14 1. Wetlands ...... 14 2. Floodways and Floodplains...... 15 I. Air Quality ...... 16 J. Sound Characteristics and Levels...... 17 K. Land Use ...... 17 L. Aesthetics ...... 18 M. Cultural, Historic, and/or Archaeological Resources ...... 18 IV. ASSESSMENT OF ENVIRONMENTAL IMPACT ...... 20 A. Geology...... 20 B. Topography ...... 21 C. Soils ...... 21 D. Ground Water Quantity and Quality ...... 22 E. Surface Water Quantity and Quality ...... 22 F. Vegetation ...... 23 G. Wildlife ...... 23 H. Critical Environmental Features ...... 24

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1. Wetlands ...... 24 2. Floodways and Floodplains...... 24 I. Air Quality ...... 24 J. Sound Characteristics and Levels...... 25 K. Land Use ...... 25 L. Aesthetics ...... 25 M. Cultural, Historic, and/or Archaeological Resources ...... 25 V. UNAVOIDABLE IMPACTS ...... 27 VI. STEPS TO MINIMIZE ENVIRONMENTAL IMPACTS ...... 28 A. Soils and Surface Water Resources ...... 28 B. Air Quality ...... 28 C. Sound levels ...... 29 VII. ALTERNATIVES ...... 30 VIII. LIST OF LICENSES, PERMITS AND OTHER APPROVALS ...... 31 IX. REFERENCES ...... 32

LIST OF TABLES ---Page Table 1: Essex County Soil Characteristics, Limitations, and Suitabilities ...... 8

LIST OF ATTACHMENTS

ATTACHMENT A - FIGURES Figure 1: USGS Site Location Figure 2: 2015 Aerial Imagery Figure 3: Soils Mapping Figure 4: Landscape Project Figure 5: Historic Resources

ATTACHMENT B - CORRESPONDENCE ATTACHMENT C - QUALIFICATIONS OF PREPARERS

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I. EXECUTIVE SUMMARY

Livingston Corp. Park Assocs., LLC proposes a multi-family residential redevelopment project on a 13.875± acre site known as Block 6101, Lot 45 in the Township of Livingston, Essex County, New Jersey (referred to hereafter as “the site”). The site is bordered to the east by an unnamed tributary of the Passaic River, to the west by Cit Drive/Eisenhower Parkway, to the north by a Saint Barnabas Medical Center, and to the south by Kensington Lane. The site is occupied by an office building and associated parking area and is characterized by maintained lawn, upland woodlands, and wetlands. Some of the existing parking is utilized by Saint Barnabas hospital in accordance with the previously referenced parking agreement. An unnamed tributary of the Passaic River is located along the eastern site boundary. The site is within the Upper Passaic River watershed and Passaic River Drainage Basin.

The proposed project includes the construction of a multi-family residential building that will contain a total of 166 multifamily units, which shall include 141 market rate units and 25 affordable units for low and moderate income households. In addition to the 166 multifamily units, there will be one (1) additional unit solely for an individual responsible for building maintenance, and two (2) model units. The model units will be restricted against occupancy. The units will consist of one bedroom/one bathroom, two bedroom/two bathrooms, and three bedrooms/two or 2.5 bathroom units. A swimming pool and outdoor amenity area will be located a courtyard of the proposed building. The project will be accessed by three driveways from Saint Barnabas Drive (private drive) and one driveway from Kensington Lane (private drive). A total of 462 parking spaces are proposed, which will be all surface parking.

The site was currently developed with a stormwater collection system. Runoff from the proposed development will be collected by a series of inlets and catch basins and will be conveyed to two existing stormwater headwalls that discharge into the unnamed tributary of the Passaic River. The stormwater management design addresses the water quantity requirements of NJAC 7:8, and the water quality and groundwater recharge standards are not required.

The principal impacts of the proposed project are those associated with the redevelopment of the site from office use to multi-family residential use. Temporary impacts will occur during the construction phase of the project and include soil loss, and increased noise and dust levels. All impacts will be minimized through appropriate mitigation procedures and best management practices. The project is located on a site designated for residential use and is relatively compatible with surrounding land uses, which are dominated by mixed uses.

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This Environmental Impact Statement has been prepared by EcolSciences, Inc. of Rockaway, New Jersey in accordance with Township of Livingston's Ordinance §130-4 and is intended to support plans prepared by Dewberry of Parsippany, New Jersey. The following chapters provide a project description, an inventory of existing environmental conditions on and around the site, an assessment of potential impacts associated with the proposed construction, and a description of performance controls designed to mitigate adverse impacts.

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II. DESCRIPTION OF THE DEVELOPMENT PLAN

A. General Description Livingston Corp. Park Assocs., LLC proposes a multi-family residential redevelopment project on a 13.875± acre site known as Block 6101, Lot 45 in the Township of Livingston, Essex County, New Jersey (Figures 1 and 2). The site is bordered to the east by an unnamed tributary of the Passaic River, to the west by Cit Drive/Eisenhower Parkway, to the north by a Saint Barnabas Medical Center, and to the south by Kensington Lane. The site is occupied by an office building and associated parking area and is characterized by maintained lawn, upland woodlands, and wetlands. Some of the existing parking is utilized by Saint Barnabas hospital in accordance with the previously referenced parking agreement. An unnamed tributary of the Passaic River is located along the eastern site boundary.

The proposed project includes the construction of a multi-family residential building that will contain a total of 166 multifamily units, which shall include 141 market rate units and 25 affordable units for low and moderate income households. In addition to the 166 multifamily units, there will be one (1) additional unit solely for an individual responsible for building maintenance, and two (2) model units. The model units will be restricted against occupancy. The units will consist of one bedroom/one bathroom, two bedroom/two bathrooms, and three bedrooms/two or 2.5 bathroom units. A swimming pool and outdoor amenity area will be located a courtyard of the proposed building. The project will be accessed by three driveways from Saint Barnabas Drive (private drive) and one driveway from Kensington Lane (private drive). A total of 462 parking spaces are proposed, which will be all surface parking. There is an existing agreement with Saint Barnabas Hospital for the use of 133 parking spaces on the site. The 133 parking spaces are included in the total parking of 462 spaces proposed spaces.

B. Zoning and Planning The site is mapped within the Metropolitan Planning Area (PA1). In the Metropolitan Planning Area, the State Plan’s intention is to: provide for much of the state’s future redevelopment; revitalize cities and towns; promote growth in compact forms; stabilize older suburbs; redesign areas of sprawl; and protect the character of existing stable communities (New Jersey State Planning Commission, 1997 and 2001).

The site is located within the Residential (R-5K) Zoning District of the Township of Livingston. The proposed project has been designed to be in accordance with the R-5K Zoning District.

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C. Sanitary Sewage Sanitary sewage service for the proposed development will be provided through connection to existing facilities located within the site. Wastewater for the project will be entirely domestic and will be conveyed to Township of Livingston sewage treatment plant for treatment. As per NJAC 7:14A-23.3(a), it is estimated that the existing development generates approximately 9,450 gallons per day (gpd) of wastewater (Dewberry, 2020). As per NJAC 7:14A-23.3(a), it is estimated that the proposed development will generate 35,475 gpd of wastewater (Dewberry, 2020).

D. Potable Water Supply Potable water for the proposed residential development will be obtained from the Township of Livingston Department of Public Works by a connection to existing facilities located within the site. As per NJAC 5:21-5.2 Table 5.1, it is estimated that the existing development has an approximate potable water demand of 11,813 gpd (Dewberry, 2020). As per NJAC 5:21-5.2 Table 5.1, the estimated demand for potable water for the proposed residential development is approximately 28,585 gpd (Dewberry, 2020).

E. Stormwater Management Facilities The site was currently developed with a stormwater collection system. Runoff from the proposed development will be collected by a series of inlets and catch basins and will be conveyed to two existing stormwater headwalls that discharge into the unnamed tributary of the Passaic River. The stormwater management design addresses the water quantity requirements of NJAC 7:8, and the water quality and groundwater recharge standards are not required. In accordance with NJAC 7:8- 5.4(a)3i, by maintaining existing drainage patterns and demonstrating that the post-construction runoff hydrographs for the 2, 10 and 100-year storm events do not exceed, at any point in time, the pre-construction runoff hydrographs for the same storm events. As per N.J.A.C. 7:8-5.5(a), stormwater management measures shall only be required for water quality treatment if the proposed development increases the impervious cover by at least 0.25-acre. The proposed project will only result in 0.18-acre of additional impervious coverage; therefore, stormwater quality measures are not required. The project site is located within New Jersey State Planning Area PA-1 (Metropolitan); therefore, the development does not propose groundwater recharge. For specific details regarding the proposed stormwater management system, refer to the Stormwater Management Report prepared for the project by Dewberry (2020).

F. Utilities Plan Utilities to be provided to the proposed residences include electricity, gas, and cable television. All utilities will be located underground.

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G. Solid Waste Plan All construction debris generated on-site and any existing on-site debris will be transported by a licensed waste hauler, in accordance with the requirements of the Essex County Department of Health.

Solid waste generated by the project will be collected by a private hauler and transported to an approved landfill for disposal. The Township of Livingston, in conjunction with Essex County, has developed a recycling program that requires the recycling of glass, aluminum, metal cans, plastic bottles, corrugated cardboard, magazines, and newspaper.

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III. INVENTORY OF EXISTING NATURAL RESOURCES

A thorough inventory of environmental conditions is a fundamental prerequisite to an understanding of a land tract's ecological and cultural history, current condition, and suitability for alternative future uses. The inventory of existing environmental conditions in this chapter is divided into systematic and logical subsections that treat each aspect of the site and vicinity in detail, and collectively define the constraints to future land use.

A. Geology The portions of New Jersey that have similar sequences of rock types, geological structures, and geological history have been characterized as Physiographic Provinces - major areas of the state that have experienced specific geological histories and that have similar characteristics at present. From northwest to southeast across the State, the major physiographic provinces are: Appalachian Ridge and Valley, Highlands, Piedmont, and Coastal Plain. Each of these physiographic provinces has regional subdivisions, and each is also a continuation of larger regions in the northeastern United States (Widmer, 1964; Robichaud and Buell, 1973).

The Township of Livingston is located in the Piedmont Physiographic Province. The site is situated in the Newark Basin, located within the Piedmont Physiographic Province. The western edge of the Newark Basin is formed by the Highlands escarpment extending from Mahwah through Boonton and Morristown to Gladstone, and separating the Highlands from the Piedmont province. Mud, clays, silts, and gravel were washed from the Highlands slopes and surrounding upland areas and deposited in broad alluvial fans on the basin floor.

According to NJ-GeoWeb (NJDEP, 2020), the majority of the site is underlain by Rahway Till. Rahway Till consists of reddish brown, reddish yellow, yellowish brown, or brown clayey silt to sandy silt with some to many pebbles and cobbles and few boulders. Rahway Till may be as much as 100 feet thick, but is generally less than 40 feet thick (NJDEP, 2020). The southern portion of the site is underlain by Late Wisconsinan Glacial Lake Bottom Deposits (NJDEP, 2020). Late Wisconsinan Glacial Lake Bottom Deposits consists of gray, brown, yellowish brown, or reddish brown silt, clay, or fine sand and can be as much as 200 feet thick (NJDEP, 2020).

Below the surficial deposits, the majority of the site is underlain by the Boonton Formation, which is characterized by fine-grained sandstone, siltstone, and mudstone and minor dolomitic siltstone and shale (Drake et al. 1996). The eastern portion of the site is underlain by Hook Mt. Basalt, which is characterized by fine- to coarse-grained basalt (Drake et al. 1996).

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B. Topography The topography of a site or area is a description of the variation in elevation of the land surface with horizontal distance; topography is generally described by contour maps where points of equal elevation are connected by smooth contours. The surficial topography of a site or area reflects the underlying geology as altered by geomorphological processes; the surficial topography, in turn, directly influences the drainage patterns, watercourses, soils, and biological communities evolving on the particular site.

Overall, the site is gently to moderately sloping with elevations ranging from 170 feet along the Passaic River in the eastern portion of the site to 220 feet in the northwestern corner of the site.

C. Soils Soils are formed through the interaction of a variety of physical, chemical, and biological factors that include climate, parent material, topography, biological activities, and time. The degree to which any or all of these factors affect the local soil characteristics is quite variable, generally leading to the formation of a mosaic of soil types in any particular locality. The United States Department of Agriculture has, through the Soil Conservation Service, mapped soils in detail; for New Jersey, the results of these soil surveys are issued for each county.

According to the Essex County Soil Survey (USDA, NRCS, 2007) as prepared by the United States Department of Agriculture Soil Conservation Service (Figure 3), four soil units occur on the site: Haledon silt loam, 0 to 8 percent slopes, extremely stony (HanBc); Udorthents, Boonton substratum, 0 to 8 percent slopes (UdbonB); Udorthents, Haledon substratum, 0 to 8 percent slopes (UdhalB); and Urban land, Pompton substratum, 0 to 8 percent slopes (URPOMB). Table 1 provides soil characteristics. A brief description of each soil series per the USDA, NRCS is provided as follows:

Haledon silt loam, 0 to 8 percent slopes, extremely stony (HanBc) - This soil unit is about 85 percent Haledon soils and 15 percent minor components. This soil unit is found on till plains in ground moraine and is derived from coarse-loamy basal till derived from basalt. This soil unit is somewhat poorly drained. Permeability is slow to moderately rapid and available water capacity is moderate. The depth to seasonal high water table is from 7 to 18 inches and the depth to fragipan is 24 to 36 inches. The depth to bedrock is greater than 5 feet.

Udorthents, Boonton substratum, 0 to 8 percent slopes (UdbonB) - This mapping unit is about 95 percent Udorthents, Boonton, or similar soils and 5 percent minor components. This soil unit is found on till plains on ground moraines and is derived from loamy material transported by human activity. This soil unit is well drained.

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Table 1: Essex County Soil Characteristics, Limitations, and Suitabilities

Parameter Haledon Udorthents, Udorthents, Urban land, (HanBc) Boonton Haledon Pompton substratum substratum substratum, 0 to 8 (UdbonB) (UdhalB) percent slopes (URPOMB) Texture Silt loam Loam Loam Sandy loam Slope (%) 0 – 8 0 – 8 0 – 8 0 – 8 Depth to >5 >6 >5 >4.4 Bedrock (ft.) Depth to 7 – 18 >72 7 – 18 6 – 48 Seasonal High Water Table (in.) Permeability 0.06 – 6 2 – 6 0.06 – 6 2 – 20 (in./hr.) Available Water 0.06 – 0.65 0.08 – 0.20 0.06 – 0.20 0.06 – 0.14 Capacity (in./in. soil) pH 3.5 – 6.5 5.0 – 6.0 5.0 – 6.5 4.5 – 5.5 Erosion (Kw) 0.05 – 0.37 0.28 – 0.43 0.32 – 0.43 0.17 – 0.28 Limitations for Very limited Not limited Very limited due Very limited due to Dwellings due to depth to to depth to depth to saturated without a saturated zone saturated zone zone basement Limitations for Very limited Somewhat Very limited due Very limited due to local roads and due to depth to limited due to to depth to depth to saturated streets saturated zone frost action saturated zone zone and frost and frost and frost action action action Limitations for Very limited Not limited Very limited due Not rated lawns and due to depth to to depth to landscaping saturated zone saturated zone

Source: USDA, NRCS, 2007

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Permeability is moderately rapid and available water capacity is high. The depth to seasonal high water table is greater than 6 feet and the depth to bedrock is greater than 6 feet.

Udorthents, Haledon substratum, 0 to 8 percent slopes (UdhalB) - This mapping unit is about 90 percent Udorthents, Haledon, or similar soils and 10 percent minor components. This soil unit is found on till plains on ground moraines and is derived from loamy material transported by human activity. This soil unit is somewhat poorly drained. Permeability is slow to moderately rapid and available water capacity is low. The depth to seasonal high water table is 7 to 18 inches and the depth to bedrock is greater than 5 feet.

Urban land, Pompton substratum, 0 to 8 percent slopes (URPOMB) - This mapping unit is about 90 percent Urban land, Pompton, or similar soils and 10 percent minor components. This soil unit is found on delta plains on outwash plains and is derived from surfaces covered by pavement, concrete, buildings, and other structures underlain by disturbed and natural soil material. Permeability is moderately rapid to very rapid beneath the surface layer and available water capacity is low. The depth to seasonal high water table is 6 to 48 inches and the depth to bedrock is greater than 4.4 feet.

D. Ground Water Quantity and Quality Ground water is all water within the soil and subsurface strata that is not at the surface of the land. It includes water that is within the earth that supplies wells and springs. Ground water resources are often functionally linked to overlying land areas and surface water bodies; ground water is often recharged through "outcrop" areas at the land surface and ground water discharges ("seeps") may contribute to base flows of streams and rivers.

The ground water yields of any particular geological formation are a function of the porosity and permeability of the material comprising the formation (consolidated rock or unconsolidated deposits). Porosity describes the water-containing spaces between individual mineral grains, while permeability is the ease or difficulty with which water is transmitted through interconnecting spaces in the formation. Formations lacking open spaces between the mineral grains have both low porosity and low permeability. Weathering and cracking of the parent bedrock can induce secondary porosity in the formation; water can accumulate and move through these fractures in the primary rock formation.

The site is underlain by three surficial aquifers. The northern portion of the site is mapped as Till, which has an aquifer rank of “D.” Wells within a Rank D aquifer has a typical median yield ranging from 25 to 100 gallons per minute (Herman, et. al., 1998). The southern portion of the site is

F:\Jobs95\HW95-117\EIS\EIS.docx 9 mapped as Lake-bottom Sediment, which has an aquifer rank of “E.” Wells within a Rank E aquifer has a typical median yield ranging less than 25 gallons per minute (Herman, et. al., 1998). The eastern portion of the site is mapped as Sand and Gravel, which has an aquifer rank of “B.” Wells within a Rank B aquifer has a typical median yield ranging from 250 to 500 gallons per minute (Herman, et. al., 1998).

Below the surficial aquifers, the majority of site is underlain by the Brunswick Aquifer. This formation, consisting of a series of tabular beds of varying thickness, extends to depths of approximately 8,000 feet. Little water is available from the formation's primary porosity; the voids are too small to allow sufficient permeability for transmitting water to a well. Ground water is mainly stored and transmitted along horizontal bedding planes and nearly vertical joints and fractures, in what is termed secondary porosity. Ground water recharge is derived primarily from the local region. Recharge comes from precipitation falling on outcrop areas, vertical leakage from surface runoff, and infiltration from adjacent waterbodies. Wells within a Rank C aquifer has a typical median yield ranging from 100 to 250 gallons per minute (Herman, et. al., 1998).

The eastern portion of the site is underlain by basalt, which consists of hard, dense, and high- fracture igneous rocks. Ground water is stored and transmitted in fractures. Ground water is normally fresh, slightly alkaline to highly alkaline, moderately hard, and of the calcium-bicarbonate type. The basalt bedrock aquifer has an aquifer rank of “D.”

E. Surface Water Quantity and Quality Surface waters include lakes, rivers, ponds, and streams - water bodies at the surface of the land. These waters serve as valuable habitats for aquatic organisms; collect, store and distribute water from rainfall; and serve as important aesthetic and recreational features.

The site is mapped within the Passaic River Upper (Columbia Rd to 40d 45m) Hydrologic Unit Codes – 14 (HUC-14) drainage basin. Overland runoff is towards the on-site unnamed tributary of the Passaic River.

The NJDEP (September 2019) published a “DRAFT 2016 New Jersey Integrated Water Quality Assessment Report (Integrated Report)”, which is intended to provide an effective tool for maintaining high quality waters and improving the quality of waters that do not attain their designated uses. The Integrated Report describes attainment of the designated uses specified in New Jersey's Surface Water Quality Standards (N.J.A.C. 7:9B), which include: aquatic life, recreation, drinking water, fish consumption, shellfish consumption, industrial and agricultural (NJDEP, September

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2019). The Integrated Report includes management strategies, including Total Maximum Daily Loads (TMDLs), under development to achieve surface water quality standards and attain the designated uses of the waters (NJDEP, September 2019). TMDLs represent the assimilative or carrying capacity of the receiving water taking into consideration point and nonpoint sources of pollution, natural background, and surface water withdrawals (NJDEP, September 2019).

Within its Integrated Report, the NJDEP assesses each applicable designated use for all of the State’s 293 subwatersheds (assessment units), to determine whether each subwatershed is “fully supporting” the use, “not supporting” the use, or if insufficient information is available to assess the use. A subwatershed is “fully supporting” a designated use only if data for the minimum suite of parameters are available and there are no exceedances of the applicable criteria for each parameter in the suite. If data are available for only some of the minimum suite of parameters, the use is not assessed due to insufficient information. If any one parameter associated with a designated use exceeds the applicable criteria, then the subwatershed is “not supporting” for the designated use.

The site is located within the Passaic River Upper (Columbia Rd to 40d 45m) assessment unit. This assessment unit had “insufficient information” for Fish Consumption (NJDEP September 2019). This assessment unit had “not supporting” for Aquatic Life-General, Public Water Supply, and Recreation for non-attainment of standards for arsenic, Escherichia coli (E. coli), unknown biological cause, total suspended solids, and total phosphorus (NJDEP, September 2019).

By definition, FW-2 waters are suitable for public potable water supply after required treatment. This classification requires that waters be acceptable for primary contact recreation, industrial and agricultural use, and maintenance and migration of the established biota. The Non- Trout (NT) suffix indicates that the waters do not possess the properties suitable for the maintenance of trout species, i.e., high dissolved oxygen levels, relatively low summer temperatures, and low pollutant loadings. However, more tolerant fish species, particularly warm-water species, may flourish in such waters.

F. Vegetation Vegetation is the plant life or the total plant cover that is found in a specific area, whether indigenous or introduced by humans. The Piedmont Physiographic Province of New Jersey contains a moderately diverse mixture of major terrestrial plant habitats, including freshwater marshes, swamps and floodplains, upland valleys and slopes, upland ridges, and rock outcrops (Robichaud and Buell, 1973). This habitat diversity results in a mosaic of plant communities occurring in small areas, a situation rather different from the more homogeneous habitat conditions and plant communities

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found in more southern portions of the state, and less inherently "patchy" than habitats of more severe topographic relief in the Highlands and Ridge and Valley provinces to the north.

Based upon species composition, soils, and apparent hydrology noted during field investigation performed by EcolSciences, three vegetative communities were identified within the site: upland woodland, maintained lawn, and palustrine deciduous forested (PFO1) wetlands. Each community is briefly described below.

Upland Woodland - This community is within the southeastern and eastern portions of the site. Canopy vegetation includes white ash and red maple. The woody understory commonly includes Japanese honeysuckle, smooth blackhaw, morrow’s honeysuckle, and pin oak. Ground cover includes periwinkle and garlic-mustard.

Maintained Lawn - This community comprises the majority of the site. Ground cover is dominated by turf grasses with associates of white clover, common dandelion, wood-sorrel, Indian-strawberry, and great plantain.

Palustrine forested deciduous wetland (PFO1) - This community is restricted to the southeastern and eastern portions of the site. Canopy vegetation includes red maple, white ash, and pin oak. The woody understory commonly includes eastern poison ivy, rambler rose, white ash, and Japanese honeysuckle. Ground cover includes may- apple, sedge, skunk-cabbage, and white snakeroot.

G. Wildlife The utility of an area as wildlife habitat depends on many factors. All wildlife species require food, water, cover, and space. The relative abundance or lack of these resources in relation to each species' particular requirements will, in part, determine the species composition and distribution of a particular area. In addition, the types of vegetative communities present, the size, shape, and complexity of the habitat(s), and the surrounding land uses will further interact to determine the success of various wildlife species at the location being considered. Some wildlife species have demonstrated great adaptability and tolerance to the human presence; others are less able to tolerate such activities and are displaced to more suitable habitats, if such are available and accessible.

Several of the site’s features combine to limit its potential to support a large and diversified wildlife population. The site is mostly developed, surrounded by development, and bordered on three sides by roadways. However, the site does contain some habitat that can be utilized by a variety of wildlife very tolerant of human disturbance. On the site, the oaks provide mast for rodents, whereas associated insects finding cover and feeding on the broad-leaved trees provide food for insectivorous

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birds. The shrub layer is moderate providing cover for shelter and resting. Overall, the site provides habitat for wildlife species that are tolerant of human disturbance.

Starting in July 2002, the Natural Heritage Program (NHP) of the NJDEP Office of Natural Lands Management adopted use of the Landscape Project to supplement threatened and endangered species data requests. The Landscape Project was developed by the NJDEP, Division of Fish & Wildlife, Endangered & Nongame Species Program (ENSP). It is a wildlife habitat-mapping program that is used to identify and map critical habitats for endangered, threatened, and special concern species. This approach takes documented records of threatened and endangered wildlife and, based on a species-specific model or “occurrence area”, maps areas of suitable habitat contiguous to the record as critical wildlife habitat. Each critical habitat patch appears as a shaded color from light to dark (5 Ranks) indicating its relative priority ranking. Rank 1 is the lowest priority ranking, while Rank 5 is the highest priority ranking. Rank 1 meets the minimum area requirement, but no data exists for the presence of priority species (New Jersey Division of Fish and Wildlife, 2012). This is the NJDEP’s lowest priority ranking and is defined as areas meeting the minimum size requirements but with no documented sightings of threatened or endangered species. Rank 2 contains records for priority species, which are species of special concern. Ranks 3, 4, and 5 indicate that the identified land cover type has been identified as providing habitat for State threatened (Rank 3), State endangered (Rank 4), or Federally threatened or endangered (Rank 5) species.

According to the Landscape Project (Version 3.3), the majority of the site is mapped within Ranks 1 and 5 habitats (Figure 4). The Rank 1 habitats do not contain any occurrences of endangered, threatened, or special concern wildlife. The Rank 5 habitat contains occurrences of the Federally- listed Indiana bat, State-endangered red-shouldered hawk, and special concern great blue heron According to the NJDEP, special concern refers to species that are not listed as threatened or endangered, but whose status is being monitored by the Endangered and Nongame Species Program. Currently, no specific regulatory protections are extended to these species.

A request for information regarding threatened and endangered species was sent to the Natural Heritage Program. Their response generally corresponds to the Landscape Project (Version 3.3) habitat mapping (see Attachment B).

The NJDEP issued a Letter of Interpretation-Line Verification (LOI) on December 28, 2017 (File No. 0710-17-0003.1). The LOI classified the wetlands as ordinary (no transition areas) and intermediate (50-foot transition areas) resource values. Both Indiana bat and red-shouldered hawk

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are wetland-dependent Federal or State-listed species. Therefore, this is the NJDEP’s confirmation that they do not consider the wetlands as suitable habitat for Indiana bat or red-shouldered hawk.

H. Critical Environmental Features There are certain features of any tract of land that either have more inherent environmental value or are more susceptible to perturbation, or both, that are generally termed "critical environmental features". Such critical environmental features may be special habitats such as wetlands; they may also be features that require special planning and permitting (steep slopes and floodplains). The existing properties of such features are summarized in the following subsections:

1. Wetlands Wetlands are lands where water saturation is the dominant factor determining the nature of soil development and the types of plants and animal communities living in the soil and on its surface. Wetlands are transitional areas between terrestrial and aquatic systems, and are unique biological habitats of socioeconomic value. Wetlands moderate extremes in water flow, aid in the natural purification of water, and may be areas of groundwater recharge. According to regulations promulgated by the United States Army Corps of Engineers (COE) and the Environmental Protection Agency (EPA) (33 CFR Section 323.2 and 40 CFR Section 230.2, respectively) and pursuant to the New Jersey Freshwater Wetlands Protection Act (1987), wetlands are those areas that are inundated or saturated with surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted to life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

In addition to regulating activities within wetlands, the Freshwater Wetlands Protection Act Rules also regulate activities within wetland transition areas, or buffers. Transition areas can range in width from 0 to 150 feet based on the resource value classification of the wetlands. Exceptional resource value wetlands receive the highest level of protection as they discharge to trout production waters or are habitat for threatened or endangered species. They have a standard transition area of 150 feet. Ordinary resource value wetlands have no transition area and include certain isolated wetlands, ditches, swales, and stormwater detention facilities. All other wetlands are intermediate resource value with a standard transition area of 50 feet.

The NJDEP issued a LOI on December 28, 2017 for the site verifying the extents of wetlands and transition areas regulated pursuant to the Freshwater Wetlands Protection Act (Attachment B). The LOI classified the wetlands as ordinary and intermediate resource values. Ordinary resource value wetlands do not have a standard transition area. Intermediate resource value wetlands have a

F:\Jobs95\HW95-117\EIS\EIS.docx 14 standard 50-foot transition area. The NJDEP approved wetlands and transition area boundaries are shown on the site plans.

2. Floodways and Floodplains The area inundated by the flood waters of a river or stream is termed the floodplain. Within the floodplain can be found several subdivisions: the channel, where normal, non-floodplain flow is confined; the floodway, or terrestrial areas on the margins of the channel that show permanent terracing effects of repeated flooding; and the flood fringe, or areas landward of the floodway that may be inundated during more severe (and less frequent) storms. Taken together, these areas constitute the flood hazard area around a river or stream.

Overland runoff is generally towards the on-site unnamed tributary of the Passaic River. The NJDEP has classified this stretch of the Passaic River and its unnamed tributaries as FW2-NT (Non- Trout) waters (NJDEP, 2016).

According to FEMA mapping (Effective June 4, 2007, Community Panel Number 34013C0088F), portions of the site is mapped within the floodway and special flood hazard areas subject to inundation by the 1 percent annual chance flood event (with base flood elevations ranging on-site from 175.2 feet to 175.5 feet)

In addition to regulating activities within floodways and floodplains, the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13 et seq.) also provides a riparian zone adjacent to all regulated waters. The riparian zones are 50, 150 or 300 feet in width along each side of regulated surface waters throughout the State. The riparian zone width depends on the environmental resources being protected, with the most protective 300-foot riparian zone applicable to waters designated as C1 and certain upstream tributaries. Certain waters supporting trout or habitats of threatened or endangered species critically dependent on the watercourse to survive receive a 150-foot riparian zone. Regulated waters not identified above would have a 50-foot riparian zone.

As discussed above, the site does not drain to Category One, Trout-Production, or Trout- Maintenance waters. As discussed above, the Landscape Project (Version 3.3) habitat mapping and do not have occurrences of any threatened or endangered wildlife species that are critically dependent on the water for their survival on or within 1 linear mile downstream of the site. The Natural Heritage Program response letter indicates the presence of a State-endangered plant (paw paw) that is critically dependent on water for its survival that is within one linear mile of the site. It is believed that this sighting is actually upstream of the site along the main stem of the Passaic River. Based upon this

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information, it is expected that on-site unnamed tributary of the Passaic River would have a 50-foot riparian zone.

I. Air Quality The Federal and State environmental regulatory agencies have established permissible concentrations, termed air quality standards, for common airborne pollutants such as carbon monoxide, hydrocarbons, nitrogen oxides, photochemical oxidants, and lead. These standards have been shown to reduce to an acceptable level the risk of health effects to vulnerable human populations, primarily the young, the elderly, and those with respiratory ailments. Primary standards define air quality levels intended to protect the public health with an adequate margin of safety. The secondary standards define levels of air quality intended to protect the public welfare from any known or anticipated adverse effects of a pollutant.

The Township of Livingston is located within the New Jersey/New York/Connecticut Air Quality Control Region. The EPA has classified this area as Priority 1, meaning that violations of established standards for each criterion pollutant have been recorded at monitoring sites within the region. New Jersey as a whole is in violation of the ozone standard and the concern over the abatement of this air contaminant is regional (i.e., spanning several northeastern states).

One NJDEP air quality monitoring stations is located in the general vicinity of the site and is Newark Firehouse. At the Newark Firehouse station, carbon monoxide, nitrogen oxides, ozone, sulfur dioxide, particulates, lead, and meteorological data are monitored. The most recent NJDEP Air Quality Summary Report available is for the year 2018 (NJDEP, November 19, 2019). The summary data included in this report indicates no contravention of standards for nitrogen dioxide, sulfur dioxide, and carbon monoxide.

The Air Quality Index (AQI) is a national air quality rating system based on the National Ambient Air Quality Standards (NAAQS). An index value of 100 is equal to the primary, or health- based, NAAQS for each pollutant. This allows for a comparison of each of the pollutants used in the AQI. These pollutants are ozone, particulate matter, carbon monoxide, sulfur dioxide, and nitrogen dioxide. The Newark Firehouse station had three days in 2018 where the AQI reached the “Unhealthy for Sensitive Groups” (“USG”) threshold based upon ozone and one day in 2018 where the AQI reached “Unhealthy” (UG) threshold based upon ozone (NJDEP, November 19, 2019). The USG threshold means that members of sensitive groups may experience health effects and that the general public is not likely to be affected. The UG threshold means that everyone may begin to experience health effects and that members of sensitive groups may experience more serious health effects.

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The NJDEP annual air quality reports also provide information on longer-term trends in the state, providing summary data for all monitoring locations from 1975 to the latest year reported (here, 2018). Examination of those data indicates that the percentage of sampling locations reporting violations of the primary sulfur dioxide and lead standards has been low over that 43-year interval, that violations of the primary carbon monoxide standard have exhibited a slight decline, and that violations of the primary ozone standard have shown a somewhat erratic downward trend.

These trends in air quality have been occurring despite significant population increases in the central and southern regions of the state, and the concomitant increase in vehicular traffic associated with population growth. These countervailing trends appear to be the result of more effective emissions controls on vehicle exhausts and on industrial emissions, the net result of which is a decline in overall air loadings over the past 43 years as summarized in the NJDEP report for 2018.

J. Sound Characteristics and Levels Sound is conducted through air as a series of pressure waves having kinetic energy. The kinetic energy of these sound waves can be quantified in decibels - scalar units that are geometrically related to the energy of the sound at the receptor. A doubling in the sound energy will yield an increase of 6 dB. The decibel (dBA) scale ranges from 0 for the threshold of perception of sound to approximately 130 dBA for the threshold of pain at the ear; a quiet residential street may have noises in the 55-60 dBA range, while heavy street traffic generates noises in the 85-95 dBA range (EPA, 1976). The "A" suffix means that the sound energy characteristics have been weighted to emphasize the upper audible frequency ranges (A-weighting).

The site is located in a metropolitan area with surrounding mixed uses. Cit Drive/Eisenhower Parkway is located along the western site boundary. South Orange Avenue, a well-traveled road, is located approximately 800 feet north of the site. Sounds generated by traffic passing the site on these roadways dominate the range of perceived sounds within the site. During peak hours, traffic along these roadways could generate sound levels of 55 to 70 dBA at points approximately 150 feet from them. At points in the interior of the site, sound levels are likely to be typical of an urban residential area, in the range of 58-62 dBA (EPA, 1976).

K. Land Use The development of a site is in many cases a major alteration of the features of a site. The extent to which such change in land use is significant depends in part on the existing land use(s) on the site and in surrounding areas, and on the zoning constraints selected for the land by the governing municipality.

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The site is located within the Residential (R-5K) Zoning District. The site is bordered to the east by an unnamed tributary of the Passaic River, to the west by Cit Drive/Eisenhower Parkway, to the north by a Saint Barnabas Medical Center, and to the south by Kensington Lane.

L. Aesthetics The aesthetic quality of a particular area is a general representation of how the area is perceived by humans. Literally, it is how the sensory information provided by an area is interpreted. Pleasing visual, auditory, and olfactory stimuli will combine to provide a perception of high aesthetic appeal. Offensive sights, sounds or odors will yield the opposite impression. Aesthetics, of course, vary from observer to observer; generally though, rural and natural landscapes offer higher aesthetic appeal than do urban, highly modified landscapes.

The site is occupied by an office building and associated parking area and is characterized by maintained lawn, upland woodlands, and wetlands. An unnamed tributary of the Passaic River is located along the eastern site boundary. Given that the site is mostly developed, this site would have a limited aesthetic appeal.

M. Cultural, Historic, and/or Archaeological Resources Cultural resources are man-made or man-modified features of the environment, including objects, structures, site and districts deemed to be of cultural significance. Such resources may be pre-historic or historic in age, and are often worthy of preservation to provide present and future generations with a sense of the peoples who once lived and worked in a particular locality.

The site is occupied by an office building and associated parking area. According to the New Jersey and National Registers of Historic Places (NJDEP, Last updated June 25, 2020), no historic or cultural properties are located within or adjacent to the site. Based on a review of the GIS layers “NJDEP Historic Districts, Properties, and site Grid Map of New Jersey (NJDEP, NHR, HPO, 2019), the Public Service Electric and Gas (PSE&G) Company Northern Inner Ring Transmission Line (ID#5155) historic district is mapped in the western portion of the site (Figure 5). In addition, the site is mapped within two archaeological site grid cells. Archaeological Sites are locations of prehistoric or historic occupation or activity possessing archaeological value. This archaeological grid cells is a vector grid of approximately 1/2 mile cells indicating the presence of archaeological districts or sites that: 1. Are National Historic Landmarks; 2. Are included in the New Jersey or National Registers of Historic Places; 3. Have been determined Eligible for inclusion in the registers through federal or state processes administered by the HPO; 4. Have been designated as Local Landmarks or Districts by local government, or 5;. Have been identified through early 20th century state-wide archaeological

F:\Jobs95\HW95-117\EIS\EIS.docx 18 survey, modern cultural resource survey, or other documentation on file at the Historic Preservation Office (HPO). No other information has been provided for individual grid cells. The DV82 cell, which is located in the northern portion of the site, is listed as “Identified.” The DV83 cell, which is located in the central and southern portions of the site, is listed as “National Register Eligible.”

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IV. ASSESSMENT OF ENVIRONMENTAL IMPACT

This chapter addresses the potential impacts to the environmental resources of the project site and surrounding areas that could result from the proposed redevelopment. Potential impacts are first discussed generally, then according to the specific topics set forth in the preceding chapter that inventoried environmental characteristics of the site. The incorporation of mitigation measures during construction and operational phases of the proposed project are cited here in the context of the potential impacts; reference is made again to these mitigating measures in the following chapter.

In general, the principal environmental impacts associated with the proposed residential redevelopment result from temporary disturbances to soils and vegetation. In the absence of appropriate control measures, clearing of vegetated tracts of land for construction and access to construction sites could reduce the productivity of the soil and create unsightly conditions and fugitive dust. Precipitation falling on disturbed areas could tend to erode fine soil particles and, in the absence of appropriate controls, increase loadings to areas receiving stormwater runoff. As will be detailed below, these potential adverse effects will be minimized by adherence to the Soil Erosion and Sediment Control Plan, as approved by the local district of the Soil Conservation Service.

The principal environmental impact associated with the operational phase of the proposed development would be the change in land use and the direct and indirect influences on the surrounding communities associated with the use of the site as a residential development. Construction of the development will redevelop approximately 6.3 acres to residential use; this is a long-term effect that is anticipated by the Township’s zoning designation for the site.

Potential impacts on specific natural or human resources are discussed in the following sections.

A. Geology Potential impacts to the project site's geological integrity are typically related to the location and extent of bedrock disturbance resulting from the construction phase. According to information contained with the Essex County Soil Survey (USDA, NRCS, 2007), the mapped soils may have the upper layers of bedrock greater than four feet. However, the underlying shallow bedrock - the upper stratum of the Brunswick Formation - is "rippable", and can be excavated using standard excavation equipment and techniques. Thus, no significant impacts to the project area's geological integrity are anticipated from the construction of the proposed development.

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B. Topography Potential impacts to the topography of the project site are related to the extent of excavation and/or filling required to achieve the desired topography for construction of the project. The topography within the project area is gently to moderately sloping. As indicated on the grading plan, some modifications to the existing topography are proposed. Cutting and grading will be required for the proposed building, driveway, and parking areas. Retaining walls are proposed where needed. Throughout the site, soil erosion and sediment control measures will minimize soil loss and erosion wherever grading is proposed. Where changes to existing topography are planned, the proposed contours will be graded to meet the existing contours. Overall, the grading plan calls for no significant change to the existing site conditions; the general topographic and drainage characteristics of the site will be retained.

C. Soils In the absence of appropriate control measures, construction activities may result in both short-term and long-term impacts related to soil loss. Removal of topsoil and organic layers could reduce the productivity of the soils, remove ground cover vegetation, and create unsightly conditions. During construction, the potential for soil disturbance will be minimal and will be limited to the area surrounding the proposed building, driveway, and parking areas. During the entire construction period, soil loss and associated adverse impacts will be minimized by strict adherence to the measures specified in the Soil Erosion and Sediment Control Plan, as approved by the Hudson-Essex-Passaic Soil Conservation District.

These soil erosion measures include the installation of inlet protection for all catch basins and installation of reinforced sediment control fence around the proposed project site. Stone tracking pads will be installed at the project site’s intersection with the two private driveways. Immediately following rough grading, all disturbed soils will be protected from erosion and soil loss by temporary seeding and mulching. Permanent vegetation will be established as soon as possible after final grading, as specified in the site plans. In areas where grading is necessary, rapid stabilization of all disturbed soil areas will minimize adverse effects related to soil loss or erosion. For a complete description of the soil erosion and sediment control measures, please refer to the site plans prepared by Dewberry (2020).

No long-term effects on the soils of the site are anticipated. The rapid stabilization of soils with vegetative cover, and the replacement of existing vegetation with landscaped areas, will minimize long-term soil losses from the site.

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D. Ground Water Quantity and Quality Recharge to ground water reservoirs comes from precipitation percolating through overlying soil and rock strata; thus, the quality of ground water is in part a function of the land use in recharge areas of ground water aquifers. Many communities of northern New Jersey rely heavily on groundwater aquifers for domestic water supplies, and the perpetuation of good water quality in those aquifers is an environmental concern of high priority.

Construction of the proposed development is not expected to have an adverse impact on the ground water resources of the project area. No ground water withdrawal is proposed within the site, and no private wells will be used to supply potable water for the project. Potable water for the proposed development will be provided by the Township of Livingston Department of Public Works. As per NJAC 5:21-5.2 Table 5.1, the estimated demand for potable water for the proposed residential development is approximately 28,585 gpd (Dewberry, 2020).

Wastewater generated by the development, estimated to be 35,475 gpd (Dewberry, 2020), will be conveyed to the Township of Livingston sewage treatment plant for treatment. This off-site treatment of wastewater by a regional municipal facility will eliminate the potential for contamination of ground water by wastewater effluent.

The project site is located within New Jersey State Planning Area PA-1 (Metropolitan); therefore, the development does not propose groundwater recharge (Dewberry, November 23, 2020).

E. Surface Water Quantity and Quality The construction of the proposed project is expected to have a minimal impact to the on-site stream and the surface water resources in the vicinity of the project area. Potential short-term impacts to surface water quality are generally associated with soil loss, erosion, and sedimentation during construction activities. As previously described in Section C (Soils) of this chapter, soil disturbance will be largely confined to areas surrounding the proposed building, driveway, and parking areas. Any adverse impacts will be minimized by the installation and maintenance of approved soil erosion and sediment control measures presented in the plans. These measures will retain disturbed soil sediment within the areas of construction, and will mitigate the potential for sediment being transported to the on-site stream and waterbodies.

The site was currently developed with a stormwater collection system. Runoff from the proposed development will be collected by a series of inlets and catch basins and will be conveyed to two existing stormwater headwalls that discharge into the unnamed tributary of the Passaic River.

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The stormwater management design addresses the water quantity requirements of NJAC 7:8, and the water quality and groundwater recharge standards are not required. In accordance with NJAC 7:8- 5.4(a)3i, by maintaining existing drainage patterns and demonstrating that the post-construction runoff hydrographs for the 2, 10 and 100-year storm events do not exceed, at any point in time, the pre-construction runoff hydrographs for the same storm events. As per N.J.A.C. 7:8-5.5(a), stormwater management measures shall only be required for water quality treatment if the proposed development increases the impervious cover by at least 0.25-acre. The proposed project will only result in 0.18-acre of additional impervious coverage; therefore, stormwater quality measures are not required. The project site is located within New Jersey State Planning Area PA-1 (Metropolitan); therefore, the development does not propose groundwater recharge. For specific details regarding the proposed stormwater management system, refer to the Stormwater Management Report prepared for the project by Dewberry (2020).

F. Vegetation Construction for the proposed project will require removal of some of the existing vegetation from the site. Approximately 6.3 acres of primarily maintained lawn with some trees will be disturbed by the proposed project. Only 1,900± square feet of existing vegetation will be disturbed, and approximately 1.36± acres of existing landscaping and impervious surfaces will be revitalized and allowed to revert to its natural state (Dewberry, 2020). A landscaping plan will be implemented to mitigate for the loss of vegetation. Please refer to the site plans prepared by Dewberry (2020) for details on the landscaping.

G. Wildlife As discussed previously, a portion of the site is mapped within the Landscape Project (Version 3.3) that contains occurrences of the Federally-listed Indiana bat, State-endangered red-shouldered hawk, and special concern great blue heron.

The NJDEP issued a LOI on December 28, 2017 (File No. 0710-17-0003.1). The LOI classified the wetlands as ordinary (no transition areas) and intermediate (50-foot transition areas) resource values. Both Indiana bat and red-shouldered hawk are wetland-dependent Federal or State- listed species. Therefore, this is the NJDEP’s confirmation that they do not consider the wetlands as suitable habitat for Indiana bat or red-shouldered hawk.

The construction of the proposed development is not expected to have a significant adverse impact to local wildlife species. Noise, heavy equipment, and human activity during the construction phase of the project will cause most mobile wildlife species to move from the site into adjacent

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undeveloped areas if available. However, impacts to wildlife are expected to be minimal because, as noted previously, the wildlife species likely to be present on the project site are those very tolerant of the human presence. These species are generally common in metropolitan areas of New Jersey. The developed site will continue to offer habitat for these species.

H. Critical Environmental Features

1. Wetlands The majority of the on-site wetlands and transition areas will not be disturbed by construction of the proposed development. However, minor encroachments into transition area will be required. These encroachments are in association with the construction of a driveway, parking area and associated grading. These encroachments will require approval from the NJDEP and have been designed to meet the conditions of the permits available for the types of encroachments proposed. The proposed disturbances for the proposed driveway can be authorized pursuant to General Permit Number 10A. The Transition Area Waiver-Redevelopment allows the redevelopment of significantly disturbed transition areas. The Transition Area Waiver pursuant to N.J.A.C. 7:7A-8.1(d) can be used to authorize disturbances to transition areas that are not covered by other Transition Area Waivers. An application for a General Permit Number 10A, Transition Area Waiver-Redevelopment and Transition Area Waiver pursuant to N.J.A.C. 7:7A-8.1(d) will be submitted to the NJDEP.

2. Floodways and Floodplains A Flood Hazard Area Verification will verify the extent of the regulated waters, 50-foot riparian zone, and extent of the flood hazard area. Minor encroachments are proposed within the flood hazard area, which can be authorized pursuant to a Flood Hazard Area Individual Permit. These encroachments in the flood hazard area required for the construction of the parking area and proposed driveway. No disturbances are proposed in the riparian zones. An application for a Flood Hazard Area Verification and Individual Permit will be submitted to the NJDEP.

I. Air Quality Short-term air quality impacts during construction are related to production of fugitive dust and generation of emissions from exhausts of construction vehicles. Mitigating measures, including dust control practices and the use on construction equipment of efficient air pollution control devices meeting applicable State/Federal specifications, will minimize adverse effects on local air quality.

Long-term air quality impacts will be related primarily to automobile exhaust emissions, primarily carbon monoxide (CO), hydrocarbons, and nitrogen oxides (NOx). However, the

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magnitude of the environmental effects attributable to the automotive traffic associated with the proposed project will not affect regional air quality.

J. Sound Characteristics and Levels Short-term generation of noise levels elevated over existing ambient levels will be generated during the construction of the proposed project. Sound levels generated during the construction phase can be expected in the range of 66 to 78 dBA at a distance of 50 feet from construction equipment, based upon the use of best available technology for noise reduction (EPA, 1976). The construction equipment included in this range consists of backhoes, concrete mixers, bulldozers, pavers, and trucks. To minimize adverse impacts to ambient noise levels during the construction period, construction equipment will only be operated during construction periods permitted by local law. Any blasting that is required will be in accordance with State and local requirements.

During the operational phase of the development, the principal sources of sound will continue to be vehicular traffic from adjacent roadways. In addition, fixed mechanical equipment (e.g., air conditioning units), lawn maintenance equipment (e.g. lawn mowers and leaf blowers), and human voices will be an influence during low traffic periods.

K. Land Use The site is located within the R-5K Zone which permits the building of apartments. The proposed project will result in the redevelopment of approximately 6.3 acres of the site to residential use. The proposed development is compatible with the mixed uses adjacent to the site and in the surrounding area.

L. Aesthetics The forested wetlands and unnamed tributary of the Passaic River represent the site's most aesthetically pleasing features. No construction activities are proposed within the wetlands, which will remain in their undisturbed state. Disturbance to the existing vegetation will be limited only to areas designated for redevelopment. In addition, a landscaping plan for the project will be implemented to enhance the aesthetic features of the development.

M. Cultural, Historic, and/or Archaeological Resources Based on a review of the GIS layers “NJDEP Historic Districts, Properties, and site Grid Map of New Jersey (NJDEP, NHR, HPO, 2019), the Public Service Electric and Gas (PSE&G) Company Northern Inner Ring Transmission Line (ID#5155) historic district is located in the western portion of the site. No activities are proposed within this historic district. In addition, portions of the site are located in two archaeological grid cells. However, no locational information has been given regarding

F:\Jobs95\HW95-117\EIS\EIS.docx 25 these two grid cells. Therefore, the proposed project is not expected to adversely impact any known cultural or historical resources.

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V. UNAVOIDABLE IMPACTS

The applicant, its engineers, and its consultants have proposed and planned a residential redevelopment project that will be compatible with surrounding land uses and will provide an attractive alternative for those seeking residential properties in the Township of Livingston. The proposed development has been designed with careful attention to the natural resources of the project site and its surroundings, and with due consideration for the quality of life experienced by residents of the Township of Livingston. Due to this careful planning, most adverse environmental impacts have been avoided or minimized by design. However, no project can be built and operated without generating some degree of adverse impact on some aspect of the natural or man-made environment. As discussed in the preceding chapter, most potential impacts have been minimized by sound design decisions in the planning stages of the project. Moreover, compliance with State permit and Township ordinance conditions for regulated activities will protect wetlands, wetland transition areas, and surface water bodies. This chapter identifies the probable adverse environmental impacts of the proposed residential development. The unavoidable environmental impacts resulting from construction and operation of the proposed residential development are anticipated to be:

• Minor disturbances to wetlands and transition areas, and flood hazard areas for a parking area, proposed driveway, and associated grading.

In general, the principal short-term environmental impacts associated with the construction phase of the proposed improvements result from temporary disturbances to soils and from the clearing of vegetation. In the absence of appropriate control measures, clearing of vegetated tracts of land for construction and access to construction sites could reduce the productivity of the soil and create unsightly conditions and fugitive dust. Precipitation falling on disturbed areas could tend to erode fine soil particles and, in the absence of appropriate controls, increase loadings to areas receiving stormwater runoff. These potential adverse effects will be managed by adherence to the Soil Erosion and Sediment Control Plan, as approved by the Hudson-Essex-Passaic Soil Conservation District.

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VI. STEPS TO MINIMIZE ENVIRONMENTAL IMPACTS

A number of potential impacts associated with construction and operation of the proposed project were identified in Chapter IV. Environmental protective measures that can minimize or eliminate environmental impacts are summarized below. Some have already been included in the project plans; others will be implemented during the construction phases. Many of the measures identified below have already been discussed in the preceding chapter, in the context of the particular environmental features in which they are identified.

A. Soils and Surface Water Resources • Existing topography will be maintained to the greatest extent possible in the site planning to minimize the amount of grading required.

• Reinforced sediment fences will be erected around and/or down slope of disturbed areas to prevent sediment from being transported into the on-site wetland areas.

• Upon completion of final grading, all disturbed areas will receive landscaping and/or final seeding and mulching in accordance with the Soil Erosion and Sediment Control Plan.

• All side slopes shall be protected from erosion by top soiling, landscaping and/or seeding, and mulching as soon as possible after final grading.

• All soil erosion and sediment control measures shall be kept in place until construction is complete and/or the disturbed area is stabilized.

• All work will be done in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey.

B. Air Quality • Construction vehicles that are to operate upon the public highways of the State of New Jersey will comply with the regulations as required by N.J.A.C. 7:27-14 and 15.

• Disposal of incinerable wastes by open burning will not be permitted.

• Exhaust systems and emission control devices on all construction machinery will be maintained in good operating condition.

• Vehicles transporting fill, dirt, or other materials will be covered with canvas or similar material.

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C. Sound levels • To minimize noise generated by construction equipment, mufflers or similar noise abatement devices will be in good operating condition on all construction machinery.

• Silencers, shields, or enclosures will be used around all stationary noise-generating equipment.

• Operation of machinery will be limited to work periods permitted by local law.

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VII. ALTERNATIVES

The proposed plan has been designed to conform to zoning requirements of the R-5K Zone, to be consistent with other surrounding land uses, and to be sensitive to the environmental constraints of the site. Various concepts were evaluated; the culmination of those evaluations is the proposed plan.

A no-build alternative would leave the site in its existing condition, which is occupied by an office building and associated parking area and is characterized by maintained lawn, upland woodlands, and wetlands. The no-build alternative would not generate the public benefit of providing affordable housing opportunities for the Township of Livingston. The impact on the natural environment would be positive, as there would be no additional disturbance to the site. This would avoid the limited environmental impacts described in Chapter V above. However, as discussed above the proposed disturbance in any event is minimal in nature. The no-build alternative was rejected because it would deter the adaptive reuse of the site in accordance with the Township’s zoning as proposed.

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VIII. LIST OF LICENSES, PERMITS AND OTHER APPROVALS

The following constitutes a list of licenses, permits and approvals required for the multi- family residential application:

Table 2:

List of Licenses, Permits, or Other Approvals Needed

Granting Authority License, Permit, or Approval Status

Township of Livingston Planning Preliminary and Final Site Plan Subject of this application Board Approval Essex County Planning Board Preliminary and Final Site Plan Subject of this application Approval Hudson-Essex-Passaic Soil Soil Erosion and Sediment Control To be submitted Conservation District Plan NJDEP Letter of Interpretation-Line Approved December 28, 2017 (File Verification (LOI) No.: 0710-17-0003.1)

Freshwater Wetlands General Permit To be submitted Number 10A (very minor road crossings)

Transition Area Waiver - To be submitted Redevelopment

Transition Area Waiver pursuant to To be submitted N.J.A.C. 7:7A-8.1(d)

Flood Hazard Area Verification To be submitted

Flood Hazard Area Individual Permit To be submitted

BSDW (Water) Permit To be submitted

TWA (Sewer) Permit To be submitted

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IX. REFERENCES

Dewberry 2020. Personal Communication

Dewberry November 23, 2020. Preliminary and Final Site Plans for Livingston Apartments. 220 South Orange Avenue, Block 6101, Lot 45, Township of Livingston, Essex County, New Jersey, 07039

Dewberry November 23, 2020. Stormwater Management Report. Proposed Apartments in Livingston. Block 6101, Lot 45, 220 South Orange Avenue, Township of Livingston, Essex County, New Jersey

Drake, Avery A. et al. 1996. Bedrock Geologic Map of Northern New Jersey.

FEMA. Effective Date June 4, 2007. Flood Insurance Rate Map, Essex County, New Jersey (All Jurisdictions). Map Number 34013C0088F

Herman, Gregory C., Robert J. Canace, Scott D. Stanford, Ronald S. Pristas, Peter J. Sugarman, Mark A. French, Jeffrey L. Hoffman, Michael S. Serfes, and William, J. Mennel. 1998. Aquifers of New Jersey

New Jersey Department of Environmental Protection (NJDEP) 1995, last updated June 25, 2020. New Jersey and National Registers of Historic Places http://www.state.nj.us/dep/hpo/1identify/nrsr_lists.htm

NJDEP. Re-adopted: October 17, 2016. Last Amended - April 6, 2020. Surface Water Quality Standards.

NJDEP. Draft September 2019. 2016 DRAFT New Jersey Integrated Water Quality and Monitoring Assessment Report

NJDEP. November 19, 2019. 2018 New Jersey Air Quality Report.

NJDEP. Last Updated July 30, 2020. NJ-GeoWeb http://www.nj.gov/dep/gis/geoweblaunch.htm

NJDEP, Natural and Historic Resources (NHR), Historic Preservation Office (HPO). 2019. NJDEP Historic Districts, Property Features, Properties, and Site Grid Map of New Jersey

New Jersey Division of Fish and Wildlife. 2017. New Jersey Landscape Project, Version 3.3. New Jersey Department of Environmental Protection, Division of Fish and Wildlife, Endangered and Nongame Species Program. pp. 33.

New Jersey State Planning Commission. 2001. New Jersey State Development and Redevelopment Plan.

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REFERENCES (continued)

Robichaud, B., and M. F. Buell. 1973. Vegetation of New Jersey: A Study of Landscape Diversity. Rutgers University Press, New Brunswick, New Jersey.

Tarbuck, E.I. and F.K. Lutgens. 1987. The Earth: An Introduction to Physical Geology. Merrill Publishing Company, Columbus, Ohio. 591 pp.

United States Environmental Protection Agency (EPA). 1976. Direct Environmental Factors at Municipal Wastewater Treatment Works. EPA-430/9-76-003.

United States Department of Agriculture (USDA). Natural Resources Conservation Service (NRCS). 2007. Soil Survey of Essex County, New Jersey

Widmer, K. 1964. The Geology and Geography of New Jersey. D. Van Nostrand Company, Inc., Princeton, New Jersey

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ATTACHMENT A Figure 1: USGS Site Location Figure 2: 2015 Aerial Imagery Figure 3: Soils Mapping Figure 4: Landscape Project Figure 5: Historic Resources

EcolSciences, Inc. Environmental Management & Regulatory Compliance

F:\Jobs95\HW95-117\EIS\EIS.docx commonwN1lrh 1,V,uPr Co/Jlpdlt!/ Rf~,!NOir Number 'lltree

Approximate Site Boundary

C«llo(I'' Brook Reservoir Service Layer Credits: USGS The National Nuinbcr J Map: National Boundaries Dataset, 3DEP

canoe Brook Rc~ervoir ¦

0 2,000 4,000 Feet

SITE FIGURE 1: USGS SITE LOCATION LOCATION Block 6101, Lot 45 Township of Livingston Essex County, New Jersey

State Plane Coordinates (New Jersey NAD 83) Copyright:© 2013 National Geographic Society, i-cubed. (Caldwell and Morristown NJ Quads) Date: 9/25/20 531,619' E; 705,928' N EcolSciences, Inc. Environmental Management & Regulatory Compliance Scale 1:24,000

F:\Jobs95\HW95-117\GIS\USGS_NJ_2020.mxd Peach Tree Hill Rd

LK510

Saint Barnabas Dr

Crown Ct

Edmonton Ct

Turlington Ct Kensington Ln

Cit Dr

Regal Blvd Binghamton Ln Passaic River tributary ¦

0 500 1,000 Feet

Legend FIGURE 2: 2015 AERIAL IMAGERY Approximate Site Boundary Block 6101, Lot 45 D Township of Livingston Streams Essex County, New Jersey

Source: NJOIT, OGIS. 2016. NJ 2015 High Resolution Orthophotography. Date: 9/25/20 EcolSciences, Inc. Environmental Management & Regulatory Compliance Scale 1:4,000

F:\Jobs95\HW95-117\GIS\Aerial_NJ.mxd LK510

Service Layer Credits: USGS The National Map: National Boundaries Dataset, 3DEP ¦

0 1,000 2,000 Feet

Legend FIGURE 3: SOILS MAPPING D Approximate Site Boundary Block 6101, Lot 45 Township of Livingston Essex County, New Jersey

Source: USDA NRCS. 2007. Soil Survey of Essex County, New Jersey (Sheet 8) Date: 9/25/20 EcolSciences, Inc. Environmental Management & Regulatory Compliance Scale 1:12,000

F:\Jobs95\HW95-117\GIS\SCS.mxd Peach Tree Hill Rd

LK510

Saint Barnabas Dr

Crown Ct

Edmonton Ct

Turlington Ct Kensington Ln Rank 5 Indiana Bat (Federally-listed) Red-Shouldered Hawk (State-Endangered) Great Blue Heron (Special Concern)

Cit Dr

Regal Blvd Binghamton Ln

This map was developed using New Jersey Department of Environmental Protection Geographic Information System digital data, but this secondary product has not been verified by NJDEP and is not State-authorized. ¦

0 500 1,000 Approximate site boundary Vernal Pools/Habitat Feet Species-Based Habitat VERNAL POOL STATUS RANK ! Vernal pool location ! Rank 1 - Habitat specific requirements Potential vernal pool location FIGURE 4: LANDSCAPE PROJECT Rank 2 - Special Concern VERNAL HABITAT TYPE Potential vernal habitat area -Rank 3 - State Threatened ea Block 6101, Lot 45 68 Vernal habitat area -Rank 4 - State Endangered Township of Livingston Freshwater Mussel Habitat Essex County, New Jersey -Rank 5 - Federal Listed RANK Sources: - ~ NJDEP, DFW, ENSP. 2017. New Jersey's Landscape Project (Version 3.3). Rank 2 - Special Concern NJOIT, OGIS. 2016. NJ 2015 High Resolution Orthophotography. - Rank 3 - State Threatened Date: 9/25/2020 ""'------Rank 4 - State Endangered EcolSciences, Inc. Rank 5 - Federal Listed Environmental Management & Regulatory Compliance ---- Scale 1:4,000 F:\Jobs95\HW95-117\GIS\LP33.mxd 510 DV82 LK

Public Service Electric and Gas (PSE&G) Company Northern Inner Ring Transmission Line

DV83

This map was developed using New Jersey Department of Environmental Protection Geographic Information System digital data, but this secondary product has not been verified by NJDEP and is not State-authorized. ¦

0 500 1,000 Feet

Legend FIGURE 5: HISTORIC RESOURCES Approximate Site Boundary Block 6101, Lot 45 D Township of Livingston ~ ~ Historic Properties Essex County, New Jersey Sources: NJDEP, NHR, HPO. 2019. NJDEP Historic Property Features, Properties, Districts, and ~ Historic Districts Site Grid Map of NJ. NJOIT, OGIS. 2016. NJ 2015 High Resolution Orthophotography. [[[[) Archaeological Site Grid Date: 9/25/2020 EcolSciences, Inc. Environmental Management & Regulatory Compliance Scale 1:4,000

F:\Jobs95\HW95-117\GIS\historic.mxd

ATTACHMENT B Pertinent Correspondence

EcolSciences, Inc. Environmental Management & Regulatory Compliance

F:\Jobs95\HW95-117\EIS\EIS.docx

@1tnlt of Ntw Jltrsty MAIL CODE 501-04 DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF PARKS & FORESTRY PHILIP D. MURPHY NEW JERSEY FOREST SERVICE CATHERINE R. MCCABE Governor OFFICE OF NATURAL LANDS MANAGEMENT Commissioner P.O. BOX 420 SHEILA Y. OLIVER TRENTON, NJ 08625-0420 Lt. Governor Tel. (609) 984-1339 Fax (609) 984-0427

September 24, 2020

Karin Tekel EcolSciences, Inc. 75 Fleetwood Drive, Suite 250 Rockaway, NJ 07866

Re: HW95-117 Fisch-Livingston Block(s) - 6101 Lot(s) - 45 (NJDEP Lots - parts of 46, 47, 48, 49 and 50) Livingston Township, Essex County

Dear Ms. Tekel:

Thank you for your data request regarding rare species information for the above referenced project site.

Searches of the Natural Heritage Database and the Landscape Project (Version 3.3) are based on a representation of the boundaries of your project site in our Geographic Information System (GIS). We make every effort to accurately transfer your project bounds from the topographic map(s) submitted with the Natural Heritage Data Request Form into our Geographic Information System. We do not typically verify that your project bounds are accurate, or check them against other sources.

We have checked the Landscape Project habitat mapping and the Biotics Database for occurrences of any rare wildlife species or wildlife habitat on the referenced site. The Natural Heritage Database was searched for occurrences of rare plant species or ecological communities that may be on the project site. Please refer to Table 1 (attached) to determine if any rare plant species, ecological communities, or rare wildlife species or wildlife habitat are documented on site. A detailed report is provided for each category coded as ‘Yes’ in Table 1.

We have also checked the Landscape Project habitat mapping and Biotics Database for occurrences of rare wildlife species or wildlife habitat in the immediate vicinity (within ¼ mile) of the referenced site. Additionally, the Natural Heritage Database was checked for occurrences of rare plant species or ecological communities within ¼ mile of the site. Please refer to Table 2 (attached) to determine if any rare plant species, ecological communities, or rare wildlife species or wildlife habitat are documented within the immediate vicinity of the site. Detailed reports are provided for all categories coded as ‘Yes’ in Table 2. These reports may include species that have also been documented on the project site.

We have also checked the Landscape Project habitat mapping and Biotics Database for all occurrences of rare wildlife species or wildlife habitat within one mile of the referenced site. Please refer to Table 3 (attached) to determine if any rare wildlife species or wildlife habitat is documented within one mile of the project site. Detailed reports are provided for each category coded as ‘Yes’ in Table 3. These reports may include species that have also been documented on the project site.

For requests submitted in order to make a riparian zone width determination as part of a Flood Hazard Area Control Act (FHACA) rule application, we report records for all rare plant species and ecological communities tracked by the Natural Heritage Program that may be on, or in the immediate vicinity of, your project site. A subset of these plant species are also covered by the FHACA rules when the records are located within one mile of the project site. One mile searches for FHACA plant species will only report precisely located occurrences for those wetland plant species identified under the FHACA regulations as being critically dependent on the watercourse. Please refer to Table 3 (attached) to determine if any NHP File No. 20-4007473-19914

precisely located rare wetland plant species covered by the FHACA rules have been documented. Detailed reports are provided for each category coded as ‘Yes’ in Table 3. These reports may include species that have also been documented on, or in the immediate vicinity of, the project site.

The Natural Heritage Program reviews its data periodically to identify priority sites for natural diversity in the State. Included as priority sites are some of the State’s best habitats for rare and endangered species and ecological communities. Please refer to Tables 1, 2 and 3 (attached) to determine if any priority sites are located on, in the immediate vicinity, or within one mile of the project site.

A list of rare plant species and ecological communities that have been documented from the county (or counties), referenced above, can be downloaded from http://www.state.nj.us/dep/parksandforests/natural/heritage/countylist.html. If suitable habitat is present at the project site, the species in that list have potential to be present.

Status and rank codes used in the tables and lists are defined in EXPLANATION OF CODES USED IN NATURAL HERITAGE REPORTS, which can be downloaded from http://www.state.nj.us/dep/parksandforests/natural/heritage/nhpcodes_2010.pdf.

Beginning May 9, 2017, the Natural Heritage Program reports for wildlife species will utilize data from Landscape Project Version 3.3. If you have questions concerning the wildlife records or wildlife species mentioned in this response, we recommend that you visit the interactive web application at the following URL, https://njdep.maps.arcgis.com/apps/webappviewer/index.html?id=0e6a44098c524ed99bf739953cb4d4c7, or contact the Division of Fish and Wildlife, Endangered and Nongame Species Program at (609) 292-9400.

For additional information regarding any Federally listed plant or animal species, please contact the U.S. Fish & Wildlife Service, New Jersey Field Office at http://www.fws.gov/northeast/njfieldoffice/endangered/consultation.html.

PLEASE SEE ‘CAUTIONS AND RESTRICTIONS ON NHP DATA’, which can be downloaded from http://www.state.nj.us/dep/parksandforests/natural/heritage/newcaution2008.pdf.

Thank you for consulting the Natural Heritage Program. The attached invoice details the payment due for processing this data request. Feel free to contact us again regarding any future data requests.

Sincerely,

Robert J. Cartica Administrator c: NHP File No. 20-4007473-19914

NHP File No. 20-4007473-19914

Table 1: On Site Data Request Search Results (6 Possible Reports)

Report Name Included Number of Pages

1. Possibly on Project Site Based on Search of Natural Heritage Database: No 0 pages included Rare Plant Species and Ecological Communities Currently Recorded in the New Jersey Natural Heritage Database

2. Natural Heritage Priority Sites On Site No 0 pages included

3. Rare Wildlife Species or Wildlife Habitat on the Project Site Based on Yes 1 page(s) included Search of Landscape Project 3.3 Species Based Patches

4. Vernal Pool Habitat on the Project Site Based on Search of Landscape No 0 pages included Project 3.3

5. Rare Wildlife Species or Wildlife Habitat on the Project Site Based on No 0 pages included Search of Landscape Project 3.3 Stream Habitat File

6. Other Animal Species On the Project Site Based on Additional Species No 0 pages included Tracked by Endangered and Nongame Species Program

Page 1 of 1 Thursday, September 24, 2020 NHP File No.: 20-4007473-19914 Rare Wildlife Species or Wildlife Habitat on the Project Site Based on Search of Landscape Project 3.3 Species Based Patches

Class Common Name Scientific Name Feature Type Rank Federal Protection State Protection Grank Srank Status Status

Aves Great Blue HeronArdea herodias Foraging 2 NA Special Concern G5 S3B,S4N

Red-shouldered HawkButeo lineatus Breeding Sighting 4 NA State Endangered G5 S1B,S3N Mammalia Indiana BatMyotis sodalis Active Season Sighting 5 Federally Listed State Endangered G2 S1 Endangered

Page 1 of 1 Thursday, September 24, 2020 NHP File No.: 20-4007473-19914 Table 2: Vicinity Data Request Search Results (6 possible reports)

Report Name Included Number of Pages

1. Immediate Vicinity of the Project Site Based on Search of Natural No 0 pages included Heritage Database: Rare Plant Species and Ecological Communities Currently Recorded in the New Jersey Natural Heritage Database

2. Natural Heritage Priority Sites within the Immediate Vicinity No 0 pages included

3. Rare Wildlife Species or Wildlife Habitat Within the Immediate Yes 1 page(s) included Vicinity of the Project Site Based on Search of Landscape Project 3.3 Species Based Patches

4. Vernal Pool Habitat In the Immediate Vicinity of Project Site Based Yes 1 page(s) included on Search of Landscape Project 3.3

5. Rare Wildlife Species or Wildlife Habitat In the Immediate Vicinity No 0 pages included of the Project Site Based on Search of Landscape Project 3.3 Stream Habitat File

6. Other Animal Species In the Immediate Vicinity of the Project Site No 0 pages included Based on Additional Species Tracked by Endangered and Nongame Species Program

Page 1 of 1 Thursday, September 24, 2020 NHP File No.: 20-4007473-19914 Rare Wildlife Species or Wildlife Habitat Within the Immediate Vicinity of the Project Site Based on Search of Landscape Project 3.3 Species Based Patches

Class Common NameScientific Name Feature Type Rank Federal State Grank Srank Protection Status Protection Status

Aves Bald EagleHaliaeetus Foraging 4 NA State G5 S1B,S2N leucocephalus Endangered Barred OwlStrix varia Breeding Sighting 3 NA State Threatened G5 S2B,S2N Great Blue HeronArdea herodias Foraging 2 NA Special Concern G5 S3B,S4N Long-eared OwlAsio otus Breeding Sighting 3 NA State Threatened G5 S2B,S2N Red-shouldered HawkButeo lineatus Breeding Sighting 4 NA State G5 S1B,S3N Endangered Mammalia Indiana BatMyotis sodalis Active Season 5 Federally Listed State G2 S1 Sighting Endangered Endangered

Page 1 of 1 Thursday, September 24, 2020 NHP File No.: 20-4007473-19914 Vernal Pool Habitat In the Immediate Vicinity of Project Site Based on Search of Landscape Project 3.3

Vernal Pool Habitat Type Vernal Pool Habitat ID

Potential vernal habitat area 1987

Total number of records: 1

Page 1 of 1 Thursday, September 24, 2020 NHP File No.: 20-4007473-19914 Table 3: Within 1 Mile for Riparian Zone Width Determination (6 possible reports)

Report Name Included Number of Pages

1. Rare Plant Species Occurrences for Riparian Zone Yes 1 page(s) included Width Determination (Flood Hazard Area Control Act Rule Appplication) - Within One Mile of the Project Site Based on Search of Natural Heritage Database

2. Natural Heritage Priority Sites for Riparian Zone No 0 pages included Width Determination - Within One Mile of the Project Site

3. Rare Wildlife Species or Wildlife Habitat for Riparian Zone Yes 1 page(s) included Width Determination - Within One Mile of the Project Site Based on Search of Landscape Project 3.3 Species Based Patches

4. Vernal Pool Habitat for Riparian Zone Yes 1 page(s) included Width Determination - Within One Mile of the Project Site Based on Search of Landscape Project 3.3

5. Rare Wildlife Species or Wildlife Habitat for Riparian Zone No 0 pages included Width Determination - Within One Mile of the Project Site Based on Search of Landscape Project 3.3 Stream Habitat File

6. Other Animal Species for Riparian Zone Yes 1 page(s) included Width Determination - Within One Mile of the Project Site Based on Additional Species Tracked by Endangered and Nongame Species Program

Page 1 of 1 Thursday, September 24, 2020 NHP File No.: 20-4007473-19914 Rare Plant Species Occurrences for Riparian Zone Width Determination (Flood Hazard Area Control Act Rule Appplication) Within One Mile of the Project Site Based on Search of Natural Heritage Database

Scientific Name Common Name Federal Protection State Protection Regional Grank Srank Identified Last Status Status Status Observed Vascular Plants

Asimina triloba Pawpaw E LP, HL G5 S3 Y 2009-09-29 Total number of records: 1

Page 1 of 1 Thursday, September 24, 2020 NHP File No.: 20-4007473-19914 Rare Wildlife Species or Wildlife Habitat for Riparian Zone Width Determination Within One Mile of the Project Site Based on Search of Landscape Project 3.3 Species Based Patches

Class Common Name Scientific Name Feature Type Rank Federal Protection State Protection Grank Srank Status Status

Aves Bald EagleHaliaeetus Foraging 4 NA State G5 S1B,S2N leucocephalus Endangered Barred OwlStrix varia Breeding 3 NA State Threatened G5 S2B,S2N Sighting Great Blue HeronArdea herodias Foraging 2 NA Special Concern G5 S3B,S4N Long-eared OwlAsio otus Breeding 3 NA State Threatened G5 S2B,S2N Sighting Red-headed Melanerpes Breeding 3 NA State Threatened G5 S2B,S2N Woodpecker erythrocephalus Sighting Red-shouldered Buteo lineatusBreeding 4 NA State G5 S1B,S3N Hawk Sighting Endangered Mammalia Indiana BatMyotis sodalis Active Season 5 Federally Listed State G2 S1 Sighting Endangered Endangered Northern MyotisMyotis septentrionalis Active Season 5 Federally Listed NA G1G2 S1 Sighting Threatened

Page 1 of 1 Thursday, September 24, 2020 NHP File No.: 20-4007473-19914 Vernal Pool Habitat for Riparian Zone Width Determination Within One Mile of the Project Site Based on Search of Landscape Project 3.3

Vernal Pool Habitat Type Vernal Pool Habitat ID

Potential vernal habitat area 1987

Potential vernal habitat area 2017

Total number of records: 2

Page 1 of 1 Thursday, September 24, 2020 NHP File No.: 20-4007473-19914 Other Animal Species for Riparian Zone Width Determination Within One Mile of the Project Site Based on Additional Species Tracked by Endangered and Nongame Species Program

Scientific Name Common Name Federal Protection Status State Protection Status Grank Srank Vertebrate Animals

Rallus limicola Virginia Rail G5 S3B,S4N Total number of records: 1

Page 1 of 1 Thursday, September 24, 2020 NHP File No.: 20-4007473-19914 DEPARTMENT OF ENVIRONMENTAL PROTECTION Cl-IRIS CHRISTIE Division of Land Use Regulation Gowrnor Mail Code 501-02A, P. 0. Box 420 Trenton, New Jersey 08625-0420 KIM GUADAGNO www.nj.2ov/dep/1andusc BOB MARTIN Lt. Governor Commissioner DEC 2 8 2017 Ms. Susan Berninger Livingston Corp. Park Associates, LLC One Woodbridge Center Drive, Suite 820 Woodbridge, New Jersey 07095

RE: Freshwater Wetlands Letter oflnterpretation: Line Verification DLUR File No.: 0710-17-0003.1 Activity Number: FWW 170001 Applicant: Livingston Corp. Park Associates, LLC Block: 6101 - Lot: 45 · Township of Livingston, Essex County

Dear Ms. Berninger:

This letter is in response to your request for a Freshwater Wetlands Letter of Interpretation to have Division of Land Use Regulation (Division) staff verify the boundary of the freshwater wetlands and/or State open waters on the referenced property.

In accordance with agreements between the State of New Jersey Department of Environmental Protection (NJDEP), the U.S. Army Corps of Engineers (USACOE) Philadelphia and New York Districts, and the U.S. Environmental Protection Agency (USEPA), the Division of Land Use Regulation is the lead agency for establishing the extent of State and Federally regulated wetlands and waters. The USEPA and/or USACOE retains the right to reevaluate and modify the jurisdictional determination· at any time should the information prove to be incomplete or inaccurate.

Based upon the information submitted, and upon a site inspection conducted by Division staff on September 19, 2017, the Division has determined that the wetlands and waters boundary lines as shown on the plan map entitled: "BOUNDARY AND TOPOGRAPHIC SURVEY BLOCK 6101 - LOT 45 TOWNSHIP OF LIVINGSTON ESSEX COUNTY, NEW JERSEY", consisting of 1 sheet, dated December 7, 2017, unrevised, and prepared by Kennon Surveying Services Inc., is accurate as shown.

New Jersey is Cm Equal Opportunity Employer I Primed on Recycled Paper and Recyclable Freshwater Wetlands Letter of Interpretation: Linc Vcrificetion DLUR File No.: 0710-17-0003.1-FWW 170001 Page2

The freshwater wetlands boundary lines, as determined in this letter, must be shown on any future site development plans. The lines should be labeled with the above DLUR file number and the following note:

"Freshwater Wetlands Boundary Line as verified by NJDEP."

Wetlands Resource Value Classification ("RVC") In addition, the Division has determined that the resource value and the standard transition area required adjacent to the delineated wetlands are as follows:

Intermediate: Line Segment L8A through Line Segment L32. [SO-foot wetland transition area]

Ordinary: Line Segment LI through Line Segment L7C. [No wetland transition area]

The wetlands have also been identified as being priority wetlands by the U.S. Environmental Protection Agency because they drain to the Passaic River Basin. RVC may affect requirements for wetland and/or transition area permitting. This classification may affect the requirements for an Individual Wetlands Permit (see N.J.A.C. 7:7A-7), the types of General Permits available for the property (see N.J.A.C. 7:7 A-5) and any modification available through a transition area waiver (see N.J.A.C. 7:7A-6). Please refer to the Freshwater Wetlands Protection Act (N.J.S.A. 13:9B-I et seq.) and implementing rules for additional information.

Wetlands resource value classification is based on the best information available to the Department. The classification is subject to reevaluation at any time if additional or updated information is made available, including, but not limited to, information supplied by the applicant.

Under N.J.S.A. 13:9B-7a(2), if the Division has classified a wetland as exceptional resource value, based on a finding that the wetland is documented habitat for threatened and endangered species that remains suitable for use for breeding, resting or feeding by such species, an applicant may request a change in this classification. Such requests for a classification change must demonstrate that the habitat is no longer suitable for the documented species because there has been a change in the suitability of this habitat. Requests for resource value classification changes and associated documentation should be submitted to the Division at the address at the top of this letter.

General Information - Pursuant to the Freshwater Wetlands Protection Act Rules, you are entitled to rely upon ' this jurisdictional determination for a period of five years from the date of this letter unless it is determined that the letter is based on inaccurate or incomplete information. Should additional information be disclosed or discovered, the Division reserves the right to void the original letter of interpretation and issue a revised letter of interpretation.

Regulated activities proposed within a wetland, wetland transition area or water area, as defined by N.J.A.C. 7:7A-2.2 and 2.6 of the Freshwater Wetlands Protection Act rules, require a Freshwater Wetlands Lcllcroflntcrprclation: Linc Vcrilication DLUR Fik No.: 0710-17-0003.1 -FWW 170001 Pagc3 pennit rrom this office unless specifically exempted at N.J.A.C. 7:7A-2.8. The approved plan and supporting jurisdictional limit information are now part of the Division's public records.

This letter in no way legalizes any fill which may have been placed, or other regulated activities which may have occurred on-site. This determination of jurisdiction extent or presence does not make a finding that wetlands or water areas are "isolated" or part of a surface water tributary system unless specifically called out in this letter as such. Furthermore, obtaining this dete1mination does not affect your responsibility to obtain any local, State, or Federal permits which may be required.

Appeal Process

In accordance with N.J.A.C. 7:7A-l.7, any person who is aggrieved by this decision may request a hearing within 30 days of the date the decision is published in the DEP Bulletin by writing to: New Jersey Department of Environmental Protection, Office of Legal Affairs, Attention: Adjudicatory Hearing Requests, P.O. Box 402, Trenton, NJ 08625-0402. This request must include a completed copy of the Administrative Hearing Request Checklist found at www.nj.gov/dep/landuse/forms. Hearing requests received after 30 days of publication notice may be denied. The DEP Bulletin is available on the Department's website at www.nj.gov/dep/bulletin. In addition to your hearing request, you may file a request with the Office of Dispute Resolution to engage in alternative dispute resolution. Please see the website www.nj.gov/dep/odr for more information on this process.

Please contact Chivon Kisic of our staff by e-mail at [email protected] or by phone at (609) 777-0454 should you have any questions regarding this letter. Be sure to indicate the Department's file number in all communication.

Sincerely,

•h~~~- Bureau ofl and Regulation Division of Land Use Regulation

c: Township of Livingston Municipal Clerk Township of Livingston Municipal Construction Official Agent (original) DEPARTMENT OF ENVIRONMENTAL PROTECTION Cl-IRIS CHRISTIE Division of Land Use Regulation Gowrnor Mail Code 501-02A, P. 0. Box 420 Trenton, New Jersey 08625-0420 KIM GUADAGNO www.nj.2ov/dep/1andusc BOB MARTIN Lt. Governor Commissioner DEC 2 8 2017 Ms. Susan Berninger Livingston Corp. Park Associates, LLC One Woodbridge Center Drive, Suite 820 Woodbridge, New Jersey 07095

RE: Freshwater Wetlands Letter oflnterpretation: Line Verification DLUR File No.: 0710-17-0003.1 Activity Number: FWW 170001 Applicant: Livingston Corp. Park Associates, LLC Block: 6101 - Lot: 45 · Township of Livingston, Essex County

Dear Ms. Berninger:

This letter is in response to your request for a Freshwater Wetlands Letter of Interpretation to have Division of Land Use Regulation (Division) staff verify the boundary of the freshwater wetlands and/or State open waters on the referenced property.

In accordance with agreements between the State of New Jersey Department of Environmental Protection (NJDEP), the U.S. Army Corps of Engineers (USACOE) Philadelphia and New York Districts, and the U.S. Environmental Protection Agency (USEPA), the Division of Land Use Regulation is the lead agency for establishing the extent of State and Federally regulated wetlands and waters. The USEPA and/or USACOE retains the right to reevaluate and modify the jurisdictional determination· at any time should the information prove to be incomplete or inaccurate.

Based upon the information submitted, and upon a site inspection conducted by Division staff on September 19, 2017, the Division has determined that the wetlands and waters boundary lines as shown on the plan map entitled: "BOUNDARY AND TOPOGRAPHIC SURVEY BLOCK 6101 - LOT 45 TOWNSHIP OF LIVINGSTON ESSEX COUNTY, NEW JERSEY", consisting of 1 sheet, dated December 7, 2017, unrevised, and prepared by Kennon Surveying Services Inc., is accurate as shown.

New Jersey is Cm Equal Opportunity Employer I Primed on Recycled Paper and Recyclable Freshwater Wetlands Letter of Interpretation: Linc Vcrificetion DLUR File No.: 0710-17-0003.1-FWW 170001 Page2

The freshwater wetlands boundary lines, as determined in this letter, must be shown on any future site development plans. The lines should be labeled with the above DLUR file number and the following note:

"Freshwater Wetlands Boundary Line as verified by NJDEP."

Wetlands Resource Value Classification ("RVC") In addition, the Division has determined that the resource value and the standard transition area required adjacent to the delineated wetlands are as follows:

Intermediate: Line Segment L8A through Line Segment L32. [SO-foot wetland transition area]

Ordinary: Line Segment LI through Line Segment L7C. [No wetland transition area]

The wetlands have also been identified as being priority wetlands by the U.S. Environmental Protection Agency because they drain to the Passaic River Basin. RVC may affect requirements for wetland and/or transition area permitting. This classification may affect the requirements for an Individual Wetlands Permit (see N.J.A.C. 7:7A-7), the types of General Permits available for the property (see N.J.A.C. 7:7 A-5) and any modification available through a transition area waiver (see N.J.A.C. 7:7A-6). Please refer to the Freshwater Wetlands Protection Act (N.J.S.A. 13:9B-I et seq.) and implementing rules for additional information.

Wetlands resource value classification is based on the best information available to the Department. The classification is subject to reevaluation at any time if additional or updated information is made available, including, but not limited to, information supplied by the applicant.

Under N.J.S.A. 13:9B-7a(2), if the Division has classified a wetland as exceptional resource value, based on a finding that the wetland is documented habitat for threatened and endangered species that remains suitable for use for breeding, resting or feeding by such species, an applicant may request a change in this classification. Such requests for a classification change must demonstrate that the habitat is no longer suitable for the documented species because there has been a change in the suitability of this habitat. Requests for resource value classification changes and associated documentation should be submitted to the Division at the address at the top of this letter.

General Information - Pursuant to the Freshwater Wetlands Protection Act Rules, you are entitled to rely upon ' this jurisdictional determination for a period of five years from the date of this letter unless it is determined that the letter is based on inaccurate or incomplete information. Should additional information be disclosed or discovered, the Division reserves the right to void the original letter of interpretation and issue a revised letter of interpretation.

Regulated activities proposed within a wetland, wetland transition area or water area, as defined by N.J.A.C. 7:7A-2.2 and 2.6 of the Freshwater Wetlands Protection Act rules, require a Freshwater Wetlands Lcllcroflntcrprclation: Linc Vcrilication DLUR Fik No.: 0710-17-0003.1 -FWW 170001 Pagc3 pennit rrom this office unless specifically exempted at N.J.A.C. 7:7A-2.8. The approved plan and supporting jurisdictional limit information are now part of the Division's public records.

This letter in no way legalizes any fill which may have been placed, or other regulated activities which may have occurred on-site. This determination of jurisdiction extent or presence does not make a finding that wetlands or water areas are "isolated" or part of a surface water tributary system unless specifically called out in this letter as such. Furthermore, obtaining this dete1mination does not affect your responsibility to obtain any local, State, or Federal permits which may be required.

Appeal Process

In accordance with N.J.A.C. 7:7A-l.7, any person who is aggrieved by this decision may request a hearing within 30 days of the date the decision is published in the DEP Bulletin by writing to: New Jersey Department of Environmental Protection, Office of Legal Affairs, Attention: Adjudicatory Hearing Requests, P.O. Box 402, Trenton, NJ 08625-0402. This request must include a completed copy of the Administrative Hearing Request Checklist found at www.nj.gov/dep/landuse/forms. Hearing requests received after 30 days of publication notice may be denied. The DEP Bulletin is available on the Department's website at www.nj.gov/dep/bulletin. In addition to your hearing request, you may file a request with the Office of Dispute Resolution to engage in alternative dispute resolution. Please see the website www.nj.gov/dep/odr for more information on this process.

Please contact Chivon Kisic of our staff by e-mail at [email protected] or by phone at (609) 777-0454 should you have any questions regarding this letter. Be sure to indicate the Department's file number in all communication.

Sincerely,

•h~~~- Bureau ofl and Regulation Division of Land Use Regulation

c: Township of Livingston Municipal Clerk Township of Livingston Municipal Construction Official Agent (original)

ATTACHMENT C Qualifications of Preparers

EcolSciences, Inc. Environmental Management & Regulatory Compliance

F:\Jobs95\HW95-117\EIS\EIS.docx

ECOLSCIENCES, INC. CORPORATE HISTORY

EcolSciences, Inc., was founded in 1973 in response to the growing need for responsible environmental planning, as mandated by NEPA, The National Environmental Policy Act. EcolSciences specializes in performing environmental investigations relating to permit acquisition and regulatory compliance, demonstration of "due diligence", waste management, impact analysis, mitigation, and remediation. EcolSciences' strength is a proficiency in current environmental and waste management laws, regulations, and policies, coupled with a practical problem-solving approach to analyzing the environmental consequences of projects.

During its forty-seven years under the same management, EcolSciences has successfully completed more than 10,000 studies for private, quasi-public and public clients. Over the years EcolSciences was awarded a number of “Mission Contracts” working as USEPA’s surrogate in preparing EPA Environmental Impact Statements in Region II, Region II and Region V. In addition, EcolSciences was contracted to provide training on the regulatory process associated with NEPA to USEPA employees and State Environmental Agency employees in all ten USEPA regions. Personnel involved in that work remain part of EcolSciences’ team. EcolSciences has represented many of the country's leading industries, corporations, developers, and financial institutions including AT&T, American Cyanamid Company, Lucent Technologies, Merck, Johnson & Johnson, Hartz Mountain Industries, Exxon, K. Hovnanian Companies, Roseland Property Company, Trammell Crow Company, Principal Real Estate Investors, PNC Bank, The Bank of New York and JP Morgan Chase. Among the many utilities that EcolSciences has served are PSE&G, Jersey Central Power & Light, New Jersey Natural Gas Company, Verizon Wireless, Sprint, Elizabethtown Gas Company, Essex and Hudson County Improvement Authorities, Ocean County Utilities Authority, and numerous municipal utilities authorities. Representative government agency clients, in addition to the U.S. Environmental Protection Agency, include New York City Economic Development Corporation, New York City Department of Design and Construction, and New York City Department of Sanitation.

EcolSciences' interdisciplinary staff of environmental engineers, geologists, biologists and scientists has extensive experience in a diversity of studies related to biological assessment and toxic and hazardous materials management. EcolSciences has performed environmental assessments and has acquired appropriate permits and approvals under a wide variety of federal, state, regional, and local jurisdictions. These include, but are not limited to: federal Section 404 and Section 10 authorizations; New York SEQRA and CEQR approvals; New Jersey CAFRA, Waterfront Development, and Freshwater Wetlands Protection Act permits (both general and individual); NJ Pinelands Commission certifications; Hackensack Meadowlands Development Commission (HMDC) approvals; and Delaware & Raritan Canal Commission approvals. EcolSciences' senior staff is experienced in the delivery of expert testimony; senior staff of the firm have testified in public hearings, Administrative Law proceedings, and county, regional and municipal planning boards.

The ecological\biological staff of EcolSciences has conducted over 7,500 wetland delineations and environmental assessments throughout the eastern United States and mostly in the NJ/NY and PA region. Our staff is skilled in all technical aspects of wetland identification and delineation methodologies established by the NJDEP, ACOE, USFWS, EPA and SCS; the assessment of wetland functions and values using techniques such as HEP, WET, and IVA; the assessment of development- related wetland impacts; the acquisition of wetland permits; and the development and implementation of mitigation plans. Nine of our staff are certified as Professional Wetland Scientists and provisionally EcolSciences, Inc. Environmental Management & Regulatory Compliance Corporate History Page 2 of 2 certified by the ACOE. Additionally, EcolSciences' biologists routinely perform specialized studies related to federally-and state-listed threatened and endangered plant and animal species, wildlife habitat surveys, and the assessment of development-related impacts. Seven of EcolSciences’ biologists are USFWS Qualified bog turtle surveyors, two are NJDEP Qualified Ornithologists, one is a USFWs Qualified Bat surveyor and four are USFWS Qualified Small-Whorled Pogonia and Northeastern Bulrush surveyors.

In addition, EcolSciences prepares Stormwater Pollution Prevention Plans (SWPPP) and is involved in identifying and resolving SWPPP compliance issues. These plans and accompanying documentation are required for most construction projects per section 402 of the Clean Water Act and delegated to the New Jersey Department of Environmental Protection (NJDEP) with EPA oversight. The plans document the best management practices (BMPs) and other techniques to be implemented on a site during construction that will prevent pollutants from entering waterways. We can provide the required minimum weekly compliance inspections and follow-up on repairs, maintenance, etc. of the site BMPs. We have five certified SWPPP Plan Preparers/Site Inspectors and one additional certified SWPPP Site Inspector on staff.

Since the promulgation of the New Jersey Environmental Cleanup Responsibility Act (ECRA) and its successor, the Industrial Site Recovery Act (ISRA), EcolSciences has been involved in the implementation of the entire ECRA/ISRA program for its industrial clients in several hundred cases resulting in No Further Action determinations. Most recently, and in response to the Site Remediation Reform Act (SRRA) in New Jersey, a number of our senior personnel have become Licensed Site Remediation Professionals (LSRPs). As of 2020, eight of our senior staff have obtained their LSRP licenses. We believe that our LSRPs offer our clients the highest level of confidence and comfort that the work conducted by EcolSciences meets the highest professional standards as measured by the NJDEP and the Site Remediation Professional Licensing Board (SRPLB). EcolSciences’ LSRPs have been involved in hundreds of cases as LSRPs of record and have issued over fifty Response Action Outcome (RAO) regulatory approvals, the SRRA equivalent of the No Further Action (NFA) determination that was formerly issued by NJDEP. In addition to NJDEP regulations, there is often an overlap USEPA Toxic Substances Control Act (TSCA) Part 761 (polychlorinated biphenyl [PCB]) regulation when investigation sites within New Jersey. EcolSciences staff of professionals is well versed in these regulations and has successfully obtained both self-implementing and risk-based approvals for cleanup of PCB contaminated media from the USEPA. EcolSciences also maintains a professional relationship with a wide network of environmental specialists that address issues such as radiation, asbestos, lead based paint, vapors, and other aspects of site remediation and Brownfield redevelopment.

As the demonstration of "due diligence" has become a lending industry standard, EcolSciences has completed thousands of Phase I environmental audits per ASTM E1527-13 and AAI and follow-up Phase II studies to clarify the level of environmental risk and liability associated with past and current practices at a particular site or facility. These audits typically include such activities as hazardous materials inventories, building and site inspections, subsurface soil investigations, groundwater monitoring, tank testing, asbestos bulk sampling, development of remediation plans and supervision of cleanup activities. All work is conducted under the supervision of a licensed professional engineer.

EcolSciences is a multi-disciplinary firm that has the experience and capabilities to provide a full range of environmental services. Studies are conducted in a manner that emphasizes the balance of environmental, engineering and cost factors. This approach provides the information necessary for sound and practical project decisions.

EcolSciences, Inc. Environmental Management & Regulatory Compliance DAVID P. MOSKOWITZ, Ph.D., PWS

EDUCATION: Ph.D. 2016 - Entomology Rutgers University, New Brunswick, N.J.

M.S. 2000 - Environmental Policy Studies New Jersey Institute of Technology, Newark, N.J.

B.A. 1984 - Environmental Studies George Washington University, Washington, D.C.

PROFESSIONAL Society of Wetland Scientists AFFILIATIONS: Entomological Society of America American Entomological Society Lepidopterists’ Society

PROFESSIONAL Professional Wetland Scientist - SWS CERTIFICATIONS: Certified Wetland Delineator - Corps of Engineers USEPA Wetland Delineation - WTI Qualified Ornithologist - NJDEP Qualified Bog Turtle Surveyor – USFWS (NJ, NY, PA, DE, MD)

EXPERIENCE:

Dr. Moskowitz is a Senior Vice President with EcolSciences, Inc. During the past 34 years, Dr. Moskowitz has conducted more than 7,500 environmental studies for a wide range of clients including government agencies, and the development, legal, engineering and financial professions. These studies have focused on wetland and wildlife issues including delineations, field surveys, mitigation and regulatory compliance as well as Phase I, Phase II and Brownfields Redevelopment. Dr. Moskowitz has also provided expert testimony before numerous municipal boards and the New Jersey Meadowlands Commission and has been qualified as an expert in Superior Court of New Jersey, New Jersey Office of Administrative Law, New Jersey Condemnation Commission, and the Morris County Board of Taxation.

Publications/Articles Moskowitz, D.P., 1996. Swamp Pink: A Federally-Listed Threatened Species. Wetland Journal 8(3): 14-16. Moskowitz, D., Auffenorde, T. and M. Kovacs, (1997). Vegetation and Surrounding Landscape Characteristics of Long-Eared Owl (Asio otus) Winter Roosts in Central New Jersey. Records of New Jersey Birds. (23)1: 2-6. Moskowitz, D.P., 1997. Wetland Restoration Using Non-Contact Cooling Water and Stormwater Runoff as a Supplemental Hydrologic Source. Wetland Journal. 9(1): 17-20. Moskowitz, D.P., 1997. Hine's Emerald Dragonfly (Somatochlora hineana): The First Federally Endangered Dragonfly. Wetland Journal. (9)3: 12-14. Moskowitz, D.P., 1997/98. Fall Migrant Landbird Observations at Sea. Records of New Jersey Birds. (23)4: 95. Moskowitz, D.P., 1998. Build a Wetland Garden. Water Gardening Magazine.(2)6: 58-60. Moskowitz, D.P., 1998. Tips Offered on Negotiating N.J.'s Mining, Dredging Rules. Mine Regulation Reporter. 11(4): 86-87.

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Moskowitz, D.P., 1998. Vegetation Change in a Forested Wetland after a Bird Roost. Northeastern Naturalist. 5(1): 61-66. Moskowitz, D.P., 1998. A Wetland Delineation Primer for the Professional Land Surveyor. Professional Surveyor Magazine. 18(1): 22-28. Moskowitz, D.P. and D.M. Bell., 1998. Archilestes Grandis (Great Spreadwing) in Central New Jersey, with Notes on Water Quality. Bulletin of American Odonatology. 5(3):49- 54. Moskowitz, D.P., 1999. The Pine Barrens Treefrog (Hyla Andersonii): An Ecologist's Dream. Wetland Journal. 11(4): 8-13. Moskowitz, D.P., 2000. A Comparison of Field-Delineated Wetlands to the New Jersey Freshwater Wetland Maps. M.S. Thesis - New Jersey Institute of Technology. Moskowitz, D.P., 2000. Old Maps and Wetland Regulation. Professional Surveyor Magazine. 20(6): 22-30. Moskowitz, D.P. and T.A. Auffenorde., 2000. Persistence of Skunk Cabbage (Symplocarpus foetidus [L.] Nutt.) in a Drained Wetland. Wetland Journal 12(3): 23-29. Moskowitz, D., 2000. A New County Record for Archilestes Grandis in New York with Notes on Habitat and Water Quality. ARGIA 12(4): 7-8. Moskowitz, D.P., 2000. Habitat Notes on a Winter Saw-whet Owl (Aegolius acadicus) Roost in Central New Jersey. Records of New Jersey Birds. 26(4): 138-139. Moskowitz, D., 2000. Book Review: Dragonflies through Binoculars - A Field Guide to Dragonflies of North America. Wetland Journal. 12(4): 41. Poricy Park Citizens Committee. 2001. A Checklist and Guide to the Butterflies of Poricy Park. Pamphlet. Moskowitz, D. P. 2001. First Record of the Queen Butterfly (Danaus gilippus Cramer) in New Jersey. News of the Lepidopterists' Society. 43(3): 72, 74. Moskowitz, D., J. Moskowitz, S. Moskowitz and H. Moskowitz. 2001. Notes on a large dragonfly and butterfly migration in New Jersey. Northeastern Naturalist. 8(4): 483-490. Moskowitz, D. P. 2002. An unusual interaction between a banded hairstreak butterfly (Satyrium calanus) Lycaenidae and a stink bug (Banasa dimidiata) Pentatomidae. Entomological News. 113:(3) 183-186. Moskowitz, D. P. 2002. Was there an invasion of the Queen butterfly (Danaus gilippus Cramer) in the northeastern United States in 2001? News of the Lepidopterists' Society. 44(2): 66-67. Newgard, L. and D. Moskowitz. Bog turtle: It's small, secretive, rare, and it's in our hiking region Trailwalker. 29(4): p. 5. Moskowitz, D.P. and C. Westphal. 2002. Notes on the larval diet of the Painted Lichen moth Hypoprepia fucosa: Hubner (Arctiidae:Lithosiinae). Journal of the Lepidopterist's Society. 56 (4): 289-290. Moskowitz, D. P. and T. M. Auffenorde. 2003. Bird Use at Two Simulated-Tree Cellular Towers in New Jersey. Records of New Jersey Birds. 28(4): p. 88-91. Moskowitz, D.P. 2003. The Queen Dilemma in the Northeastern United States. New York State Butterfly Records 2002. New York Chapter, North American Butterfly Association. p. 49-51. Moskowitz, D.P., Kovacs, M. and J. Tesauro 2003. Glyptemys (Clemmys) muhlenbergii (Bog Turtle). Abnormal Coloration. Herpetological Review. 34(3): p. 240. Moskowitz, D.P. 2004. The Queen (Danaus gilippus Cramer) Dilemma in the Northeastern United States. News of the Lepidopterist’s Society. 45(2): 62-63. Moskowitz, D.P. 2004. A new late flight record for Lestes congener in North America. ARGIA 15(4):22- 23. Wikelski, M., Moskowitz, D., et al. 2006. Simple Rules Guide Dragonfly Migration. Biology Letters. 2: 325–329. Moskowitz, D. 2007. The Spring Peeper – The Tiny Frog with the Loud Voice. NJ\NY Trailwalker. March/April. p.7. Moskowitz, D. 2007. Butterflies Along The Appalachian Trail. NJ\NY Trailwalker. May/June p.7.

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Wikelski, M., Moxley, C. Eaton-Mordas, J., Lopez-Uribe, A. Margarita M., Holland, R., Moskowitz, D., Roubik, Ward, D. and R. Kays. 2010. Large-range movements of neotropical orchid bees observed via radio telemetry. PloSOne 5(5). e10738. doi:10.1371/journal.pone.0010738. Moskowitz, D. 2010. First Record of the Ectoparasitic Beaver beetle (Platypsyllus castoris Ritsema) in New Jersey (Coleoptera: Leiodidae: Platypsyllinae). Coleopterist’s Bulletin. 65(1): 84-85. Moskowitz, D. and D. Golden. 2011. First Record of the Green Lacewing Leucochrysa pavida (Hagen) in New Jersey (Neuroptera: Leucochrysa: Chryspoidae). Entomological News. 122(1): 55-58. McDonnell, S. and D. Moskowitz. 2012. First Report of Mating in New Jersey of the Cicada Okanagana rimosa (Say) (Homoptera: Cicadidae, Tibicininae). Northeastern Naturalist. 19: 140–142. Moskowitz, D. and L. Haramaty. 2012. A Note on the Agreeable Tiger Moth (Spilosma congrua) feeding on the fungus Trichaptum biforme. Journal of the Lepidopterist’s Society. 66(4): p. 230 Moskowitz, D. and L. Haramaty. 2013. National Moth Week – A New Global Citizen Science Project. Terrestrial Arthropod Reviews. pp. 1-16. Moskowitz, D. and L. Haramaty. 2016. Got Moths? Celebrate National Moth Week and Global Citizen Science. Entomology Today. Published Online July 26, 2016 - https://entomologytoday.org/2016/07/26/got-moths-celebrate-national-moth-week-and-global- citizen-science/ Moskowitz, D. 2016. Life History, Behavior and Conservation of the Tiger Spiketail Dragonfly (Cordulegaster erronea Hagen) in New Jersey. Ph.D. Dissertation. Rutgers University. Moskowitz, D. 2017. Caterpillar hunting with a UV flashlight. News of the Lepidopterists Society. 59(1): 40-42. Moskowitz, D. 2017. Adult Tiger Spiketail (Cordulegaster erronea Hagen) Habitat Use and Home Range Observed Via Radio-Telemetry, with Conservation Recommendations. Journal of Insect Conservation. 21(5-6): 885-895. Moskowitz, D. and G. Paulson. 2018. First Report of the Hyperparasite Taeniogonalos gundlachi (Hymenoptera) from the Cecropia Moth (Hyalophora cecropia: Lepidoptera). Entomological News. 127(5): 502-504. Moskowitz, D. Caterpillar hunting with a UV flashlight – Part 2. 2018. News of the Lepidopterists’ Society. 60(4): 169-172. Tartaglia, E. and D. Moskowitz. 2019. First Record of and Habitat Notes for Cyzicus mexicanus Claus (Branchiopoda: Spinicaudata) in New Jersey. Northeastern Naturalist. 26(1): N1-N8. Moskowitz, D. and M. L. May. Larval Ecology, Habitat, and Emergence Site Selection of the Tiger Spiketail Dragonfly (Cordulegaster erronea Hagen) in New Jersey with Implications for Conservation. 2019. Northeastern Naturalist. 26(1): 141-154. Moskowitz, D. 2019. A second Alaska record for Polix coloradella (Walsingham, 1888) (Lepidoptera: Gelechioidea: Oecophoridae), the “Skunk Moth”. Newsletter of the Alaska Entomologists Society. 12(1): 5-8. Moskowitz, D. 2019. The History of the Rutgers Insect Collection – A New Jersey Treasure Saved Twice (1888-2019). New Jersey Studies. 5(2): 185-245. Moskowitz, D. 2019. Surveying for caterpillars of a rare butterfly using ultraviolet light: the Frosted Elfin butterfly (Callophyrs irus) as a test case. Journal of Insect Conservation. Published Online: 1-6. https://doi.org/10.1007/s10841-019-00200-7 Moskowitz, D. 2019. The Ailanthus Silkmoth (Samia cynthia) in the New Jersey Meadowlands. News of the Lepidopterists’ Society. 61(4): 200-204. Moskowitz, Levinson and McMenamin. Historical Pesticide Purchases for A New Jersey Apple Orchard from 1931-1936 and 1943-1945 With Notes on Remnant Pesticide Concentrations in Soil. New Jersey Studies. 6(10: 56-90. Moskowitz, D. 2020. The History of the Ferryboat Mary Murray: The Staten Island Ferry That Became a NJ Turnpike Landmark. New Jersey Studies. 6(2): 23-55.

EcolSciences, Inc. Environmental Management & Regulatory Compliance

KARIN TEKEL, PWS

EDUCATION: B.S. Environmental Science, May 1997 Rutgers University, New Brunswick, New Jersey

B.S. Natural Resource Management, May 1997 Rutgers University, New Brunswick, New Jersey

M.S. Hydrologic Sciences, June 2001 University of California, Davis, California

AREAS OF EXPERTISE: Environmental Impact Assessment Regulatory Analysis and Compliance Wetland Delineation and Permitting Wetland Ecology Surface Water Resources Threatened and Endangered Species Surveys

CERTIFICATIONS: Professional Wetland Scientist (Society of Wetland Scientists) Recognized Qualified Bog Turtle Surveyor in New Jersey (USFWS) Recognized Qualified Bog Turtle Surveyor in Hudson River/ Housatonic Recovery Unit in New York, Massachusetts, and Connecticut (USFWS)

PROFESSIONAL Member of Society of Wetland Scientists since 2001 ASSOCIATIONS:

EXPERIENCE:

Ms. Tekel is an Assistant Vice President with EcolSciences, Inc. Her responsibilities include: the implementation and documentation of wildlife habitat assessments and surveys, the delineation of wetlands based on the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, the preparation of applications for Letters of Interpretation, Freshwater Wetlands General Permit and Transition Area Waiver applications in accordance with the New Jersey Freshwater Wetlands Protection Act and Environmental Impact Statements (EIS), and the of Geographic Information Systems (GIS) in its capacity as an instrument of environmental analysis.

Prior to joining EcolSciences, Inc., Ms. Tekel was employed as a Research Assistant at the Water Resources Center of the University of California in conjunction with obtaining a Masters of Science in Hydrology. A summary of Ms. Tekel relevant experience includes:

Wetland Delineations and Applications • Conducted wetland delineation using the Federal Manual three-parameter approach using vegetation, soils, and hydrology. -e:-- EcolSciences, Inc. ~ Em,ronmenial Manag,en,en1 and Reg.,lalOry COttlJliance

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• Assisted in the wetland delineation on a 243-acre property in Township of Lafayette, Sussex County, New Jersey.

• Performed wetland delineation on a 274-acre property in Township of Andover, Sussex County, New Jersey.

• Assisted in the wetland delineation for a 1,510±-acre Duke Farms property in New Jersey.

• Conducted wetland delineations and prepared multiple New Jersey Department of Environmental Protection (NJDEP) wetland applications for multiple overhead electric transmission line upgrade projects and associated access roads in Bergen, Essex, Hudson, Hunterdon, Mercer, Middlesex, Morris, Passaic, Somerset, Sussex, Union, and Warren Counties, New Jersey.

• Prepared and obtained NJDEP Freshwater Wetlands and Waterfront Development Permits and U.S. Army Corps of Engineers (USACOE) Nationwide Permits for the closure of three abandoned landfills and the construction on the landfill cap of over 1,000,000 square feet of state of the art warehousing. The waterfront development permits will ultimately authorized filling below mean high water for the landfill closure and the development of the project on the landfill cap.

• Prepared and obtained over 470 applications for Letters of Interpretation, Statewide General Permits, Transition Area Waivers, and Individual Permits to the NJDEP pursuant to the Freshwater Wetlands Protection Act.

• Prepared and obtained NJDEP Freshwater Wetlands and Coastal Area Facility Review Act (CAFRA) Permit for a 10-acre property in the City of Pleasantville, New Jersey. The project involves the construction of multi-family residential units divided on the site of the former Pleasantville High School, which has since been demolished. All of the required permits were obtained for the project.

• Prepared and obtained NJDEP Highlands Preservation Area Resource Area Determinations for two properties in the Township of Roxbury, New Jersey.

• Prepared and obtained Highlands Exemptions for proposed single-family residences in the Highlands Preservation Area.

• Prepared necessary permitting for a petroleum product pipeline relocation underneath the Arthur Kill and Newark Bay and adjacent uplands and wetlands. Applications were submitted to the U.S. Army Corps of Engineers, New York State Department of Environmental Conservation, New York State Department of State, New York State Office of General Services, New Jersey Department of Environmental Protection, and New Jersey Bureau of Tidelands. Issues addressed

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within the application support documents included impacts to essential fish habitat, freshwater and tidal wetlands, and navigation. All of the required permits were obtained for the project.

• Prepared Joint Application for U.S. Army Corps of Engineers Section 404 Permit and Pennsylvania Water Obstruction and Encroachment Permit for sites in Pennsylvania.

• Prepared Freshwater Wetlands Individual Permit application for a major residential development on ±100 acres of a former golf course spanning two towns in Bergen County, New Jersey. The development plan includes the blending of pesticide contaminated soils through blending. Also prepared Flood Hazard Area Permit supporting documentation, which included information concerning the restoration of a stream corridor, and prepared municipal Environmental Impact Statements for submission to the two towns. The permits were obtained and the project is proceeding towards construction.

• Delineated wetlands and prepared Freshwater Wetlands and CAFRA permit applications, with supporting documentation, for the expansion of several sand mines on ±1,000 acres in Cumberland County, New Jersey. The permits were obtained and the expansions are ongoing.

• Prepared Waterfront Development and Freshwater Wetlands permit applications, with supporting documentation, for the construction of a hotel on an existing shopping center site in Hudson County, New Jersey. Public access, threatened and endangered species, and stormwater management were of primary concern. The permits were obtained.

Municipal Environmental Impacts Statements • Prepared over 80 Environmental Impact Statements and Assessments for residential, industrial, and commercial projects throughout New Jersey.

• Prepared an Environmental Impact Assessment for Virgin Spa at Natirar on a 90- acre property in the Borough of Peapack and Gladstone, New Jersey.

Vernal Habitats • Led vernal habitat surveys in accordance with survey protocols developed by the NJDEP. Pertinent information was gathered on hydrology, vegetation, observed reptile and amphibian species, and weather conditions.

• Assisted in the preparation of two vernal habitat creation plans, which involved the selection of suitable native vegetation and consultation with the project engineer concerning hydrologic budget, lining material, topographic contours, and construction methodology.

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• Conducted vernal habitat surveys on the proposed Pilgrim Pipeline route and multiple overhead electric transmission lines in Essex, Hunterdon, Morris, Somerset, and Sussex Counties, New Jersey.

Avian Studies • Led surveys for the State-endangered (breeding) Northern Goshawk (Accipiter gentilis), (breeding) Red-Shouldered Hawk (Buteo lineatus), State-threatened Barred Owl (Strix varia), Special Concern (breeding) Broad-Winged Hawk (Buteo platypterus), (breeding) Cooper’s Hawk (Accipiter cooperii), and (breeding) Sharp-Shinned Hawk (Accipiter striatus) in New Jersey. Surveys included call surveys and nest/tree cavity searches.

• Led surveys for the State-endangered (breeding) Golden-Winged Warbler (Vermivora chrysoptera) in accordance with the Cornell Lab of Ornithology’s Golden-Winged Warbler Atlas Project (1999-2005). Surveys included call and habitat assessments.

• Led surveys for the State-threatened Red-Headed Woodpecker (Melanerpes erythrocephalus) in New Jersey. Surveys included call and cavity nest surveys.

• Assisted in grassland bird surveys for State-threatened Grasshopper Sparrow (Ammodramus savannarum), Savannah Sparrow (Passerculus sandwichensis), and Bobolink (Dolichonyx oryzivorus) in New Jersey.

Snake Studies • In 2002, conducted grid surveys for State-threatened Northern Pine Snake (Pituophis melanoleucus melanoleucus) on a 54-acre proposed development property in Township of Stafford, Ocean County, New Jersey approved by the NJDEP and Pinelands Commission.

• In 2002, conducted diurnal and nocturnal road cruising and grid surveys for Northern Pine Snake on an 800-acre proposed development property in Township of Stafford, Ocean County, New Jersey approved by the NJDEP and Pinelands Commission. In 2003, also participated in grid searching, drift fences, traps, and radio telemetry for the same site.

• In 2003, participated in drift fence trapping survey for Northern Pine Snake on a 15-acre proposed development property in Township of Barnegat, Ocean County, New Jersey approved by the NJDEP.

• In 2003 and 2004, participated in grid searching, drift fence trapping, and radio telemetry for Northern Pine Snake on a 164-acre proposed development property in Township of Stafford, Ocean County, New Jersey approved by the NJDEP.

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• In 2004, participated in drift fence trapping, and radio telemetry for Northern Pine Snake and State-endangered Timber Rattlesnake (Crotalus horridus) on a 338- acre proposed development property in Township of Stafford, Ocean County, New Jersey approved by the NJDEP and Pinelands Commission.

• In 2004, participated in drift fence trapping for Northern Pine Snake on a 20-acre proposed development property in Township of Stafford, Ocean County, New Jersey approved by the NJDEP.

• In 2004, participated in drift fence trapping, and grid searching for Northern Pine Snake and Timber Rattlesnake on a 114-acre proposed development property in Township of Manchester, Ocean County, New Jersey approved by the NJDEP and Pinelands Commission.

• In 2008, participated in radio telemetry for Northern Pine Snake on a 1,250-acre proposed development property in Township of Toms River, Ocean County, New Jersey approved by the NJDEP.

• In 2010, participated in Timber Rattlesnake gestation survey at two survey locations associated with an overhead electric transmission line in Morris and Sussex Counties, New Jersey.

Salamander Studies • Led field surveys for the State-endangered Blue-Spotted Salamander (Ambystoma laterale) and State-Threatened Long-Tailed Salamander (Eurycea longicauda longicauda).

• Conducted Blue-Spotted Salamander surveys on multiple overhead electric transmission lines in Essex and Morris Counties, New Jersey.

Turtle Studies • Conducted Phase I and Phase II Surveys for Federally-threatened and State- endangered Bog Turtle (Glyptemys muhlenbergii).

• Assisted in trapping and radio telemetry for Bog Turtle.

• Prepared over 20 Bog Turtle Phase II Survey Reports for sites in Burlington, Hunterdon, Morris, Passaic, Salem, Sussex, and Union Counties, New Jersey and York County, Pennsylvania.

• Prepared Bog Turtle Phase I Survey Reports for Pocono Manor Inn and Resort and Transcontinental Gas Pipe Line Corporation ROW in Pennsylvania, and Tennessee Gas Pipeline ROW in New Jersey.

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• Conducted Bog Turtle Phase I and Phase II surveys on multiple overhead electric transmission line upgrade projects in Middlesex, Morris, Somerset, Sussex, Union, and Warren Counties, New Jersey.

• Conducted Bog Turtle Phase I Surveys along multiple overhead electric transmissions lines in preparation for routine maintenance.

• Conducted surveys for the State-threatened Wood Turtle (Clemmys insculpta) for several sites throughout New Jersey.

• Conducted in a long-term Wood Turtle survey that involves radio telemetry of adults and hatchlings, hibernacula surveys, nesting surveys, and nest protection.

Rare Plant Studies • Assisted in several surveys for rare plants including the Federally-threatened and State-endangered Small Whorled Pogonia (Isotria medeoloides) and Knieskern’s Beaked-Rush (Rhynchospora knieskerni) and Pinelands Commission-listed Little Ladies’ Tresses (Spiranthes tuberosa).

University Research Studies • Collected field observational data on individual wetland plant species pertaining to nutrient resorption.

• Conducted vegetation surveys for percent cover, biomass estimations, and community composition for inland Californian freshwater marshes.

• Performed streamflow measurements, groundwater, and infiltration analyses.

Conducted mesocosm experiments to assess the response of selected wetland plant species (native and introduced) to nutrient enrichment and two different water levels.

PUBLICATIONS:

Rejmánková, Eliska and Karin Tekel. Start July 1, 1998. Technical Completion Report. Life History Strategies of California Native Plants: Implications for Wetland Creation and Restoration. University of California, Davis, Center for Water Resources. http://www.waterresources.ucr.edu/wrc/publications/rejmankova_W-907.pdf

Tekel, Karin Jean. 2001. Thesis (M.S.). The relationship between water quality and plant functional groups in freshwater wetlands. University of California, Davis.

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