515th of Eek! merger; PHILIP D. MURPHY DEPARTMENT OF ENVIRONMENTAL PROTECTION CATHERINE R. Governor Commissioner Division of Land Use Regulation SHEILA Y. OLIVER Mail Code Lt. Governor PO. Box 420 Trenton, New Jersey 08625-0420 September 4, 2019 Anthony C. Cox, V.P. PennEast Pipeline Company, LLC 835 Knitting Mills Way Wyomissing, PA 19610 RE: File and Activity No.: 0000-17-0007.5 LUP190001, FWW190001 Applicant: PennEast Pipeline Company, LLC Project: Construction of approximately 37.8 miles of natural gas pipeline Hunterdon Mercer Counties Dear Mr. Cox: The Division of Land Use Regulation (Division) has received the above-referenced application for a Freshwater Wetlands Individual Permit, Transition Area Waiver, Flood Hazard Area Individual Permit, Flood Hazard Area Veri?cation, and Letter of Interpretation (FWW190001). Upon review of the materials submitted, the Department has determined that all necessary information required for a complete application has not been provided and/or one or more submitted items are de?cient as noted below. In order for this application to be declared ?administratively complete?, please submit the following: 1. As per the Freshwater Wetlands Protection Act Rules (speci?cally N.J.A.C. and the Flood Hazard Area Control Act Rules (speci?cally N.J.A.C. 7: if an application includes activities within a right-of-way or easement, the application shall include written consent for the activity from the holder(s) of the right-of-way or easement. The applicant has received the ?Certi?cate of Public Convenience and Necessity? from the Federal Energy Regulatory Commission (dated January 19, 2018). This document allows the applicant, PennEast Pipeline Company, LLC, to apply for any permits required for the project however, the applicant must secure either right of way agreement or order of condemnation for each of the properties along the proposed alignment. Upon review of the submitted deeds, the deeds with either the associated right of way agreement or order of condemnation for Block 60, Lot 3, Block 60, Lot 29.01, Block 61, Lot 49, and Block 62, Lot 3 in Hopewell Township, Mercer County, Block 13, Lot 16.01 and Block 28, Lot 13 in Kingwood Township, Hunterdon County, and Block 5, DLUR File No. 0000-17-00075 90001, FWW190001 (PennEast Pipeline) Page 2 of 4 Lot 26 in West Amwell Township in Hunterdon County were not included in the application package. Prior to this application being declared ?administratively complete?, please submit the deeds for the seven (7) properties listed above along with either the associated right of way agreement or order of condemnation. 2. As per the Freshwater Wetlands Protection Act Rules (speci?cally N.J.A.C. and the Flood Hazard Area Control Act Rules (speci?cally N.J.A.C. 7:13- the applicant shall include as part of the public notice documentation ?a certi?ed list of all owners of real property, including easements, located within 200 feet of the property boundary of the site (including name, mailing address, lot, and block) prepared by the municipality for each municipality in which the project is located. The date of certi?cation of the list shall be no earlier than one year prior to the date the application is submitted to the Department?. The application package did not include the certi?ed list of all owners of real property, including easements, located within 200 feet of the property boundary of the site for Delaware Township, Holland Township and Hopewell Township. Prior to this application being declared ?administratively complete?, please submit the required ?certi?ed lists? for Delaware, Holland, and Hopewell Townships. 3. As per the Freshwater Wetlands Protection Act Rules (speci?cally N.J.A.C. and the Flood Hazard Area Control Act Rules (speci?cally N.J.A.C. 7:13- the applicant shall include as part of the required newspaper notice, a list of each lot, block, municipality, and county where the proposed, regulated activity or project will occur. Upon review of the deeds included in the application, the deed for Block 53, Lot 2 in Delaware Township, Hunterdon County (Parcel 1007-53-2) was included. This parcel includes a ?temporary workspace? of 0.1 1 acres located on it. This parcel was not included in the ?List of Parcels along the Route? which was an addendum to the Land Use application form nor was the parcel listed in the newspaper notices which were required as part of the public noti?cation. Also, upon review of the tax maps submitted to secure the 200 foot noti?cation list, Block 61, Lot 49 and Block 60, Lot 29.01 in Hopewell Township, Mercer County, includes portions of the proposed pipeline route. These parcels were not included in the ?List of Parcels along the Route? which was an addendum to the Land Use application form. Nor were the parcels listed in the newspaper notices which are required as part of the public noti?cation. Prior to this application being declared ?administratively complete?, please submit a revised ?List of Parcels along the Route? adding the omitted parcels. In addition, due to the omission of these parcels from the required newspaper notices, please submit proof that the newspaper notices have been re-published and now include Block 61, Lot 49 and Block 60, Lot 29.0] in Hopewell Township, Mercer County and Block 53, Lot 2 in Delaware Township, Hunterdon County. DLUR File No. 0000-]7-00075 LUP190001, FWW190001 (PennEast Pipeline) Page 3 of 4 4. The Flood Hazard Area Control Act Rules (speci?cally N.J.A.C. 7: 13-1 .2), de?ne ?temporary? as a regulated activity that occupies, persists, and/or occurs on a site for no more than six months. Pursuant to N.J.A.C. a regulated activity in a regulated area requires a ?ood hazard permit or authorization. This section of the rules lists several exceptions to requiring a permit or authorization, but none of those includes temporary projects or temporary portions of projects. N.J.A.C. is the portion of the rules dedicated to bridge and culvert projects. It does not exempt temporary bridges or culverts from regulation. Therefore, hydrologic and hydraulic calculations are required pursuant to this section of the rules unless the applicant can demonstrate that a qualitative analysis is sufficient. Each of the proposed bridges/culverts requires an Individual Permit review therefore, pursuant to N.J.A.C. additional fees are required. If the Division determines that no numerical analysis is required, then the fee is $1000 per structure. Any type of hydraulic/hydrologic analysis that is required equates to a fee of $4,000 per structure. Please note that the fees are required for each bridge/culvert over each regulated water regardless of contributory drainage area. Prior to declaring this application ?administratively complete?, please submit additional fees for each bridge crossing over every regulated water as de?ned at N.J.A.C. in accordance with the above. You are advised that the ?nal determination regarding the need for hydraulic/hydrologic calculations is at the Department?s discretion. 5. In order to demonstrate compliance with the Freshwater Wetlands Protection Act Rules (speci?cally N.J.A.C. the Department shall issue an individual freshwater wetlands or open water ?ll permit only if the regulated activity will not adversely affect a property that is listed or is eligible for listing on the New Jersey or National Register of Historic Places. Upon review of the information submitted to address historical and archeological resources, it was determined that additional information is required prior to the Division declaring the Freshwater Wetlands Individual Permit application ?administratively complete?. Please submit the following: a. The applicant states that the identi?cation of historic architectural properties along the pipeline route is complete; however, additional information is required to verify this claim. Speci?cally, a summary that includes a complete list of all tax parcels in sequential order along the alignment identifying whether or not they were included in the survey effort and, if not, an explanation of why the property(s) were omitted no buildings present, building(s) less than 50 years old, access denied by property owner) is required. The summary shall also describe the historic architectural survey methodology for the entire project. Prior to this application being declared ?administratively complete?, please submit the above outline summary. 6. Please be advised that the Division received the attached letter from the Mayor of Kingwood Township stating that the town did not receive a complete copy of the permit DLUR File No. LUPI90001, FWW190001 (PennEasl Pipeline) Page 4 01?4 application. Please review the letter and ensure that the town receives a complete copy of the application. Upon review of the application package it was determined that a separate Freshwater Wetlands Transition Area Waiver application is not required. It is suggested that you withdraw this portion of the application package. In addition, the fees for stormwater review are statutorily capped at $20,000 and $22,500 was submitted $2,500 in excess. You may submit a refund request for these portions of the submitted fees or apply the fees to any additional fees required for the project. Please address the missing or incomplete materials and/or address any deficiencies and submit the requested information within 30 days from the date of this letter so that the Department may commence processing this application. Failure to provide the information within the 30-day time period may result in the administrative closing of this application. Please be advised the original application and a copy of this rejection letter are being returned to the agent and should be re-submitted with the requested information to my attention. If you have any questions regarding this letter, please contact me by email at patricia.cluelow@dep.nj.gov. Please reference the Division?s file number in all communication. Sincerely, Patricia Cluelow, Supervisor Application Support Unit Division of Land Use Regulation c: Peter J. ontaine, Esq. Cozen O?Connor One Liberty Place 1650 Market Street Philadelphia, PA 19103 Walter F. Judge, PE, PP, PMP Central Monmouth Business Park 1433 Highway 34, Suite A-4 Wall, NJ 07727 New Jersey is an Equal Oppornmigr? Employer I Primed on Recycled Paper and Req-?clable TOWNSHIP OF KINGWOOD Committee Meellng: Address Reply To: First Thursday of Each Month - 7pm Keller. RMC Municipal Building: 599 Oak Grove Rd Corner of Rt 519 Oak Grove Rd. Fax: {903) 996-7753 Ftenchtown. NJ 08325 Phone: H18-996-4276 221 August 27. 20l9 New Jersey Department of Environmental Protection Division of Land Use Regulation PO Box 420, Code Trenton, New Jersey 08625 By email: Re: Proposed PennBasr Pipeline Projecr Matti-Permit Application Dear Assistant Commissioner Kapkash and Staff: Kingwood Township received a copy of PennEast?s application to the NJ DEP for water crossing and wetland permits. On Page 7 of Volume I, PennEast asserts that a complete copy of their application was sent to municipal clerks in impacted townships. For the record. the application that was sent to Kingwood Township was incomplete. Missing items included Attachment .l-l (Habitat Protection Plan). Attachments PM and NZ (Conceptual Mitigation Plans for Warlord Creek and Croton Creek), Attachment 0-2 (Reconnaissance-Level Historic Architectural Survey Report) and Attachment (electronic copy of applicatio While the paper copy of the application was delivered to Kingwood Township within a week of their submission to the Department, the CD of the application indicated in the document Attachment was not included in the materials received by our township. The absence of a digital copy as given to the Department creates signi?ennt hardship for impacted landowners, residents and township commission members who, instead of being able to access the materials electronically at their convenience, must take off work on multiple occasions to present in person at their township clerk?s of?ce during business hours, and attempt to ?nd the information they seek by navigating by hand through the my, massive binders which contain the application. In addition to the missing items listed above, per NJ DEP checklists. all Of?ce of Land Use Permit applications must include a computer disk as part of any paper applications. And funhennore, I 7.3 Cements and recipients of public notice of an application For any of the applications listed in NJ.A.C. 7:7A?l 7. the applicant shall provide a copy of the entire application. as submitted to the Department [emphasis added], to the municipal clerk in each municipality in which the site is located. If an application must include a CD. and if the impacted municipalities must receive the entire application as submitted to the Department, then the municipalities must receive the CD. Sincerely, 0% - Thomas Ciacciarelli, Mayor CC: Peter Fontaine. Esq., PennEast debbiernansl?ldeo.nieov. gonstitugnpgelationsr?ni.g (w