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16 -46
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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
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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
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