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HomeMy Public PortalAboutr 16-046P of lufTou 16 -46 120 Date of Adoptio ebruaLy 25, 2016 AUTHORIZING MONETARY CONTRIBUTION TO THE NEW JERSEY NATURAL LANDS TRUST TO SATISFY THE WETLANDS NIITIGATION REQUIREMENTS FOR THE CARTERET WATERFRONT MARINA WHEREAS, the New Jersey Freshwater Wetlands Mitigation Council ( "Council ") is responsible for the governance of the Wetland Mitigation Fund pursuant to N.J.S.A. 13:913-14; and WHEREAS, the Council is responsible for the management and disbursement of dollars from the Wetland Mitigation Fund and pursuant to N.J.S.A. 13:913-15, and the Council may use these funds to finance mitigation sites for freshwater wetland enhancement/restoration or other mitigation efforts, research to enhance the practice of mitigation, or enhancement or restoration of freshwater wetlands on public land; and WHEREAS, The Borough of Carteret applied for a Freshwater Wetlands Individual Permit to disturb a total of 6.66 acres of intertidal - subtidal shallows on property located in the Borough of Carteret, Middlesex County, and designated as Block: 201, Lots: 4, and 3.02 on the tar map of the Borough of Carteret; and WHEREAS, NJDEP issued permit #1201 -05- 0004.2 on November 20, 2015 which required mitigation for the disturbance of 6.66 acres of intertidal - subtidal shallows on the property; and WHEREAS, the property is located in Watershed Management Area 7 within the Raritan Water Region; and WHEREAS, the Borough purchased the last remaining 4.76 credits from the Port Reading (a.k.a ProLogis) Bank wetlands mitigation bank; and WHEREAS, after purchase of the 4.76 credits, there remained 1.9 acres of unmitigated wetland impacts associated with the proposed disturbance; and WHEREAS, there are no other approved wetland mitigation banks servicing the applicable watershed management area; and WHEREAS, there is no suitable location to perform the mitigation on -site; and WHEREAS, the Borough of Carteret explored at least 6 properties as offsite mitigation options but there were no suitable offsite mitigation sites within Watershed Management Area 7; and WIIEREAS, the Division of Land Use Regulation approved the use of a monetary contribution in accordance with N.J.A.C. 7:7E -3.15; and WHEREAS, On October 7, 2015, the Borough of Carteret submitted a monetary contribution proposal using the standards of N.J.A.C. 7:713, which were the rules in effect at the time of the application to the Department; and NO. 16 PAGE 2 Of 2 WHEREAS, the Council has accepted the proposed estimated mitigation costs of $765,325.00 pursuant to N.JS.A. 13:9B -13; and WFIEREAS, the monetary contribution was prepared in accordance with the checklist at N.J.A.C. 7:7E -3.15, and the Department recommended the approval of a monetary contribution in the amount of $765,325.00; and WHEREAS, on behalf of the Borough of Carteret, Mr. Joe Giddings from CME Associates presented at the December 8, 2015 Welland Mitigation Council Meeting and explained that the Borough of Carteret intends to construct 190 slips for recreational use, construct 7 slips that will be used by the State of New Jersey Marine Police Bureau which has an office on the site, preserve a pre - existing 710 foot long fishing pier, provide two points of public access, Bud remove arsenic contaminated sediment to the depth of the preindustrial uncontaminated sediment; and WHEREAS, at the December 8'a meeting, DEP staff and the Borough of Carteret confirmed that the monetary contribution, credits purchased, and permit applications were all performed in accordance with the standards of N.J.A.C. 7:7E, which were the rules in effect at the time of the application to the Department; and WHEREAS, at the December 8's meeting the Council voted to approve the Borough's monetary contribution in the amount of $765,320.00; and WHEREAS, pursuant to Resolution 2016 -1, executed on February 9, 2016, the Council's action was duly memorialized; and WHEREAS, the Borough wishes to provide for and issue said monetary payment as approved by the Council. NOW TLIEREFORE BE IT RESOLVED by the Mayor and Council of the borough of Carteret, Middlesex County, as follows: 1. That the $765,325.00 monetary contribution to the New Jersey Natural Lands Trust on behalf of the Borough of Carteret as mitigation for the disturbance of 1.9 acres of intertidal subtidal shallows as part of the construction of the Carteret Waterfront Marina authorized by permit 41201 -05- 0004.2 is hereby approved. 2. That the appropriate Borough officials and officers are hereby authorized and directed to take all necessary actions as approved herein. 3. That a copy of this Resolution be forwarded to the Borough's Law Director and Finance Department for action in furtherance hereof. Adopted this 25 day of Febnlary, 2016 and certified as a tnj' copy of the original On February 26, 2016. Nlmicipal Cleric RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.O. COUNCILMAN 1'ES NO NV A.B. BELLING X KRUM X DIAZ X NAPLES X DI'MASCIO SITARZ X X - Indicate Vote AB - Absent NV - Net Voting XOR Indicate, Vote to Overrule Vem Adopted at a meeting of the Municipal Council Feb1ll�7 -y 25, 2016 /41 �LLBE K r M