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HomeMy Public PortalAboutr 21-086y6ol lion of thQ jgorvg4 of &rbrjef, N� Ok No. #21 -86 Date of Adoptlo May 6, 2021 A RESOLUTION CONSENTING TO THE PROPOSED LOWER RARITAN/MIDDLESEX COUNTY WATER QUALITY MANAGEMENT (WQM) PLAN AMENDMENT WHEREAS, the Borough of Carteret desires to provide for the orderly development of wastewater facilities within the Borough of Carteret; and WHEREAS, the New Jersey Department of Environmental Protection ( NJDEP) requires that proposed wastewater treatment and conveyance facilities and wastewater treatment service areas, as well as related subjects, conform with an approved WQM plan; and WHEREAS, the NJDEP has established the WQM plan amendment procedure through the WQMP rules at N.J.A.C. 7:15 -3.5 as the method of incorporating unplanned facililties into a WQM plan; and WHEREAS, a proposed WQM plan amendment publicly noticed in the New Jersey Register on April 19, 2021 for Metro 12 /Carteret Logistic Center, LLC, Block 602, Lot 1 (portion); Block 705, Lot 18 (portion) Carteret Borough, Middlesex County has been prepared by Carteret Logistics Center, LLC. NOW, THEREFORE, BE IT RESOLVED on this 6's day of May, 2021, by the Mayor and Council of the Borough of Carteret that: 1. The Borough of Carteret hereby consents to the Metro 12 /Carteret Logistic Center amendment, and publicly noticed on April 19, 2021, prepared by Carteret Logistics Center, for the purpose of its incorporation into the applicable WQM plan(s). 2. This consent shall be submitted to the NJDEP pursuant to N.J.A.C. 7:15- 3.5(8)6. Adopted this 6d' day of May, 2021 and certified as a true copy of the original on May 7, 2021. CARMELAPOOORZELSKI, Municipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. BE LLIATO X JOHAL X DIAZ X KRUM X DIMASCIO X NAPLES X X- Indicate Vote Ail- Absent NV -Not Voting XOR- Indicates Vote to Overrul# Veto Adopted at a meeting of the Municipal Council j May t,6,(2�021 l:Llirtll (,r April 23, 2021 [pia Certified Mai! Return Receipt Requested Ms. Carmela Pogorzelski Borough Clerk Borough of Carteret 61 Cooke Avenue Carteret, NJ 07008 CHIESA SHAHINIAN & GIANTOMASI PC ONE BOLAND DRIVE WEST ORANGE, NJ 07052 csgtaw.com Z) tofto DENNIS M. TOFT dt PR ii l% (0) 973 530.2014 (F) 973.530.2214 Re: Metro 12 /Carteret Logistics Center, Block 602, Lot 1 (portion); Block 705, Lot 18 (portion) Carteret Borough, Middlesex County Proposed Amendment to the Lower Raritan/Middlesex County Water Quality Management Plan (WQMP) Dear Ms. Pogorzelski: Our office represents Carteret Logistics, LLC in connection with the redevelopment of the above - referenced property. The purpose of this letter is to request a written statement of consent from the Borough of Carteret (the "Borough ") for the above -cited proposed WQMP amendment. Pursuant to the New Jersey Water Quality Management Planning Rule, N.J.A.C. 7:15- 3.5(g), an applicant must request a written statement of consent from all identified governmental entities, sewerage agencies, and BPU related sewer and water utilities that may be affected by, or otherwise have a substantial interest in, approval of the amendment proposal. Accordingly, the purpose of this letter is to request a written statement of consent from the Borough in support of the attached amendment proposal. A statement of consent by a governmental unit shall be in the form of a resolution by that unit's governing body. Pursuant to N.J.A.C. 7;15- 3.5(g)(6)(i), the written statement of consent is required within 60 days of your receipt of this letter. Enclosed, as an aid to you to ensure that the resolution is satisfactorily worded, is a "model" resolution. Should you determine that the governing body does not support the amendment proposal, it may submit a resolution to that effect, which shall specify the reasons why the amendment proposal is not supported. A copy of the resolution should be sent to me as well as to the New Jersey Department of Environmental Protection, Bureau of Environmental Analysis, Restoration and Standards, Water Quality Management Planning unit, P.O. Box 420, Mail Code 401 -04I, 401 East State Street, 3rd Floor, Trenton, New Jersey 08625 -0420. (rut, y 0/ NEW JERSEY NEW YORK Ms. Carmela Pogorzelski April 23, 2021 Page 2 Please be advised that if you do not submit the requested resolution, the NJDEP retains the option to adopt the proposed amendment without your resolution for consideration. Therefore, it is in your best interest to submit a resolution defining your position so that the Department may fully consider the impacts to all affected and substantially interested entities in its decision regarding adoption of the amendment proposal. If you have any questions or need additional information, please do not hesitate to contact me. Thank you for your time and attention to this matter. Very truly yours, DENNIS M. TOFT cc: Avi Argaman, NJDEP (via e-mail and regular mail) Dennis Toft Chiesa Shahinian & Giantomasi PC One Boland Drive West Orange, New Jersey 07052 Re: Metro 12 /Carteret Logistics Center Block 602 /Lot 1 (portion); Block 705 /Lot 18 (portion) Carteret Borough, Middlesex County Proposed Amendment to the Lower Raritan /Middlesex County Water Quality Management (WQM) Plan Lower Raritan /Middlesex County Wastewater Management Plan (WMP) Program Interest No. 435463, Activity No. AMD180005 Preliminary Notice and Request for Consents Dear Mr. Toft: SHAWN M. LaTOURETTE Acting Commissioner Email Only April 12, 2021 The New Jersey Department of Environmental Protection (Department) received an application for an amendment to the Lower Raritan /Middlesex County WQM Plan for the above - referenced project on May 1, 2018. The proposed amendment would expand the sewer service area (SSA) of the Middlesex County Utilities Authority Sewage Treatment Plant by 25.9 acres to serve a proposed commercial development on Block 602 Lot 1 (portion) and Block 705, Lot 18 (portion), Carteret Borough, Middlesex County. The proposed project would generate a projected wastewater flow of 31,547 gallons per day (gpd) to be received by the Middlesex County Utilities Authority Sewage Treatment Plant, New Jersey Pollution Discharge Elimination System (NJPDES) Permit No. N10020141. Based on the information provided in the amendment application the Department has determined that the proposed amendment Is compliant with the regulatory criteria at N.J.A:C. 7:15. The Department will be publishing a public notice in the New Jersey Register proposing the amendment for public review and comment. We anticipate that that the notice will be published in the New Jersey Register on April 19,2021. If we are unable to publish on that day, we will notify you. A copy of the public notice is enclosed with this letter. Pursuant to N.J.A.C. 7:15 - 3.5(8)6, you must request written statements of consent for the proposed amendment from the following entities: Middlesex County Utilities Authority and Carteret Borough. A statement of consent from a governmental entity must be in the form of a resolution adopted by the New Jersey is an Equal Opparlanity Employer - Prieled an Rechcled Paper and Rechclable State of Ne£tr Jerseg DEPARTMENT OF ENVIRONMENTAL PROTECTION PHILIP D. MURPHY Division of Water Monitoring and Standards Governor Bureau of Environmental Analysis, Restoration and Standards P.O. Box 420, 401 East State Street Mail Code 401 -041 SHEILA Y. OLIVER Trenton, NJ 08625 -0420 Lt. Governor Phone: (609) 633 -1441, Fax: (609) 984 -6505 https: //w v. state .nj,us /dep /wns/bears /index,html Dennis Toft Chiesa Shahinian & Giantomasi PC One Boland Drive West Orange, New Jersey 07052 Re: Metro 12 /Carteret Logistics Center Block 602 /Lot 1 (portion); Block 705 /Lot 18 (portion) Carteret Borough, Middlesex County Proposed Amendment to the Lower Raritan /Middlesex County Water Quality Management (WQM) Plan Lower Raritan /Middlesex County Wastewater Management Plan (WMP) Program Interest No. 435463, Activity No. AMD180005 Preliminary Notice and Request for Consents Dear Mr. Toft: SHAWN M. LaTOURETTE Acting Commissioner Email Only April 12, 2021 The New Jersey Department of Environmental Protection (Department) received an application for an amendment to the Lower Raritan /Middlesex County WQM Plan for the above - referenced project on May 1, 2018. The proposed amendment would expand the sewer service area (SSA) of the Middlesex County Utilities Authority Sewage Treatment Plant by 25.9 acres to serve a proposed commercial development on Block 602 Lot 1 (portion) and Block 705, Lot 18 (portion), Carteret Borough, Middlesex County. The proposed project would generate a projected wastewater flow of 31,547 gallons per day (gpd) to be received by the Middlesex County Utilities Authority Sewage Treatment Plant, New Jersey Pollution Discharge Elimination System (NJPDES) Permit No. N10020141. Based on the information provided in the amendment application the Department has determined that the proposed amendment Is compliant with the regulatory criteria at N.J.A:C. 7:15. The Department will be publishing a public notice in the New Jersey Register proposing the amendment for public review and comment. We anticipate that that the notice will be published in the New Jersey Register on April 19,2021. If we are unable to publish on that day, we will notify you. A copy of the public notice is enclosed with this letter. Pursuant to N.J.A.C. 7:15 - 3.5(8)6, you must request written statements of consent for the proposed amendment from the following entities: Middlesex County Utilities Authority and Carteret Borough. A statement of consent from a governmental entity must be in the form of a resolution adopted by the New Jersey is an Equal Opparlanity Employer - Prieled an Rechcled Paper and Rechclable entity's governing body. Any entities objecting to the proposed amendment must submit their reasons for the objection In writing. Requests for written statements of consent from the entities identified above must be transmitted by a letter sent via certified mail (return receipt requested) within 15 days of the date of this correspondence. The request letter must include a copy of the enclosed public notice for the proposed amendment (along with any other supporting documentation you deem relevant); and must request that written statements of consent be provided to you within 90 days. A sample request letter is enclosed. Please promptly forward to this office copies of the request letters with their return receipts and all correspondence received in response to your requests. Middlesex County, as a Designated Planning Agency, has its own plan amendment procedures. These procedures require publication of the amendment proposal in two local newspaper and the holding of a public hearing. It is the responsibility of the applicant to publish the notice in the newspapers. Please arrange to have the enclosed notice published on the same date as the publication in the New Jersey Register. For this area, the newspapers are: The Home News Tribune and The Star Ledger. Please contact the Middlesex County Department of Planning for additional information regarding the County requirements and process. Additionally, a resolution from the Middlesex County Board of County Commissioners approving of the proposed amendment is required. Please note that sewer service is not guaranteed should this amendment be adopted since the amendment represents only one part of the permit process and other issues may need to be addressed. Inclusion in the sewer service area resulting from adoption of this amendment does not eliminate the need to obtain all necessary permits, approvals or certifications required by any federal, state, county or municipal review agency with jurisdiction over this project/activity. Please include the program Interest and activity numbers provided above on all written correspondence to the Department regarding this amendment. If you have any questions about this amendment, please contact Avi Argaman at (609) 633 -1441 or Avi.Araaman @dep.ni.aov. Sincerely, ��m6e Kimberly enno Bureau Chief Enclosures: Preliminary notice Amendment area map Sample request for consent letter and sample resolution c: Rinaldo D'Argenio, Rahway Arch Properties, LLC Nicholas Tufaro, Principal Planner, Middlesex County Office of Planning Carmela Pogorzelski, Carteret Borough Clerk Joseph Cryan, Executive Director, Middlesex County Utilities Authority Yaso Sivaganesh, Section Chief, NJDEP, Division of Water Monitoring and Standards, (DWMS), Bureau of Environmental Analysis, Restoration and Standards Gabriel Mahon, Bureau Chief, NJDEP, Division of Watershed Protection and Restoration (DWPR), Bureau of NJPDES Stormwater Permitting and Water Quality Management ( BNJPDESPWQM) Deborah Bechtel, Unit Supervisor, NJPDEP, DWPR, BNJPDESSPWQM Kathleen Hitchner, Project Supervisor, NJDEP, DWPR, BNJPDESSPWQM Avi Argaman, Project Manager, NJDEP, DWPR, BNJPDESSPWQM Ted Ovsiew, Principal Engineer, NJDEP, Division of Water Quality, Bureau of Environmental Engineering and Permitting PUBLIC NOTICE ENVIRONMENTAL PROTECTION WATER RESOURCE MANAGEMENT DIVISION Of WATER MONITORING AND STANDARDS Proposed Amendment to the Lower Raritan /Middlesex County Water Quality Management Plan Public Notice Take notice that the Newlersey Department of Environmental Protection (Department) is seeking public comment on a proposed amendment to the Lower Raritan /Middlesex County Water Quality Management (WQM) Plan in accordance with the New Jersey Water Quality Planning Act, N.J.S.A. 58:11- 1 et seq., and the Water Quality Management Planning rules, N.J.A.C. 7:15. The proposed amendment, identified as "Metro 12 /Carteret Logistics Center" (Program Interest No. 435463, Activity No. AMD180005) would expand the sewer service area (SSA) of the Middlesex County Utilities Authority (MCUA) Sewage Treatment Plant (STP) by 25.9 acres to serve a proposed commercial development located on Block 602, Lot 1 (portion) and Block 705, Lot 18 (portion), in Carteret Borough, Middlesex County. The proposed project consists of three warehouse /office buildings: a 469,700 square foot (sq. ft.) warehouse with 10,000 sq. ft, of office space; a 322,620 sq. ft. warehouse with 12,000 sq. ft. of office space; and a 346,300 sq. ft. warehouse with 8,800 sq. ft. of office space. As calculated in accordance with N.J.A.C. 7:14A -23.3, the proposed amendment portion of the project will generate a projected wastewater flow of 31,547 gallons per day (gpd), based on 30,800 sq. ft. of office space and 1,139 warehouse employees, to be received by the MCUA STP (New Jersey Pollutant Discharge Elimination System (NJPDES) Permit No. NJ0020141). 1 This notice represents the Department's determination that the proposed amendment is compliant with the applicable regulatory criteria at N.J.A.C. 7:15, as described below. In accordance with N.J.A.C. 7:15- 3.3(b), site specific amendments are limited to proposed alterations to the eligible SSA needed to address a specific project or activity. N.J.A.C. 7:15- 3.5(j)2 requires that site specific amendments proposing to add 100 or more acres or generating 20,000 gpd or more of wastewater flow shall include a proposed modification to the wastewater treatment capacity analysis prepared in accordance with N.J.A.C. 7:15- 4.5(b) to include the proposed project or activity. The proposed project involves less than 100 acres but would generate a total projected wastewater flow of 20,000 gpd or more and is thus subject to a wastewater capacity analysis modification. The purpose of the modification is to demonstrate that MCUA has the available capacity to service the project. In accordance with N.J.A.C. 7:15- 4.5(b)1, the existing wastewater flow at the MCUA STP is the highest consecutive 12- month rolling average during the five -year period (January 2016 to December 2020), which was calculated to be 120.59 mgd (February 2018 - January 2019) based on NIPDES Discharge Monitoring Reports reported in DEP Data Miner ( https:// www.13.state.nj.us /DataM1ner #). The MCUA STP is currently permitted to discharge up to 147 mgd under NIPDES Permit No. N10020141. As such, the MCUA has capacity to accommodate the additional flow from the proposed project. Pursuant to N.J.A.C. 7:15- 4.4(d), the following are not eligible for delineation as SSA, except as otherwise provided at N.J.A.C. 7:15- 4.4(i), (j), (k) and (1): environmentally sensitive areas (ESAs) identified under N.J.A.C. 7:15- 4.4(e), as any contiguous area of 25 acres or larger consisting of any of the following, alone or in combination: endangered or threatened wildlife species habitat, Natural Heritage Priority Sites, riparian zones of Category One (C1) waters and their tributaries, or wetlands; coastal planning areas identified under N.J.A.C. 7:15- 4.4(f), and; ESAs subject to 201 Facilities Plan grant conditions under N.J.A.C. 7:15- 4.4(g). The Department conducted an evaluation of the project site using a GIS shapefile provided by the applicant compared to the Department's GIS data layers available at 2 http:// www.ni.gov /dep /gis /listalf.html and /or other information as noted below, to determine the presence of any such areas in accordance with N.J.A.C. 7:15- 4.4(e), (f) and (g) and made the following findings: • The Department determined that the proposed SSA contains areas mapped as endangered or threatened wildlife species habitat Rank 3, 4, or 5 on the Department's Landscape Maps of Habitat for Endangered, Threatened or other Priority Wildlife based on the "Landscape Project Data" Version 3.3 GIS data layers in accordance with N.J.A.C. 7:15- 4.4(e)1. The Department's review determined that the site is mapped as Rank 4 habitat for Bald Eagle, Yellow Crowned Night Heron, Black Crowned Night Heron and Cattle Egret. Pursuant to N.J.A.0 7:15- 4.4(j)4, the applicant submitted a request for a waiver of the requirement to submit a Habitat Suitability Determination (HSD) as required under N.J.A.C. 7:15- 4.4(j)2. The basis of the request was that there is no longer any potential habitat on the property as the site had been covered by the placement of an impermeable, engineered cap of remediated soils pursuant to the provisions of a site remediation project that had received Department permits. The Department concurred with the waiver request's finding that the site is no longer potential habitat, and that the submission of a HSD pursuant to N.1.A.C. 7:15 - 4.40)2 would not be required. • The Department determined that the proposed SSA does not contain any areas mapped as Natural Heritage Priority Sites based on the "Natural Heritage Priority Sites" GIS data layer in accordance with N.J.A. C. 7:15- 4.4(e) 2. • The Department determined that the proposed SSA does not contain any C1 waters or 300 -foot riparian zones along any C1 waters or upstream tributaries within the same HUC 14 watershed of any C1 waters based on the "Surface Water Quality Standards" GIS data layer in accordance with and N.J.A.C. 7:13- 4.1(c)1 and 7:15- 4.4(e)3. 3 • The Department determined that there are wetlands located on the project site based on the "Wetlands 2012" GIS data layer in accordance with N.J.A.C. 7:15- 4.4(e)4; however, pursuant to N.J.A.C. 7:15- 4.4(j)3, the applicant provided a Freshwater Wetlands Letter of Interpretation (LO1) /Line Verification File # 1201 -20- 0001.1 LL1200001 confirming that there are no wetlands within the proposed sewer service area. • The Department determined that the proposed SSA does not contain any areas mapped as Fringe Planning Areas, Rural Planning Areas, or Environmentally Sensitive Planning Areas within the Coastal Area Facility Review Act (CAFRA) zone based on the "CAFRA (polygon)" GIS layer and the "State Plan Data" GIS layer, in accordance with N.J.A.C. 7:15- 4.4(f). • The Department determined that there are no 201 Facilities Plan grant conditions applicable to the project based on the U.S. Environmental Protection Agency list of New Jersey Counties with ESA grant conditions at https://www.epa.gov/npdes- permits /environmentally - sensitive - area- esa- grant- condition- waiver - program- region -2 in accordance with N.J.A.C. 7:15- 4.4(g). Pursuant to N.J.A.C. 7:15- 4.4(h)1 and 2, the Department considered the land uses allowed in adopted zoning ordinances, future land uses shown in adopted municipal and county master plans, and other local land use objectives. The Carteret Borough Planning Board issued a resolution (unnumbered Application No. PB- 20 -01) on September 30, 2020, granting Preliminary and Final Major Site Plan approval. The Carteret Borough Zoning Officer issued a letter dated April 5, 2018, stating that the proposed project is consistent with the land uses identified in the Borough's land use ordinance and master plan. The Middlesex County Department of Planning has notified the Department that it will not confirm or deny consistency of any proposed amendment with the county master plan until it updates its plan, which has been in effect since 1969. 2 This notice is to inform the public that a plan amendment has been proposed for the Lower Raritan /Middlesex County WQM Plan. All information related to the WQM plan and the proposed amendment is located at: Middlesex County Department of Planning 75 Bayard Street, 511 Floor New Brunswick, New Jersey 08901 AND New Jersey Department of Environmental Protection Division of Water Monitoring and Standards Bureau of Environmental Analysis, Restoration and Standards Water Quality Management Planning Program PO Box 420, Mail Code 401 -041 401 East State Street Trenton, New Jersey 08625 -0420 The Department's file is available for inspection between 9:00 A,M, and 4:00 P.M., Monday through Friday, upon request. An appointment to inspect the file must be arranged by calling the Bureau of Environmental Analysis, Restoration and Standards at (609) 633 -1441. The Middlesex County Board of Chosen Freeholders, as the designated planningagency, requires that a public hearing be held for all WQM plan amendments under its jurisdiction. The public hearing will be held at 5:30 p.m. on June 9, 2021 via audio conference call. The public may call the following number and use the conference I.D. number to be connected into the meeting: (732) 515 -5844; conference I.D, 597 213 495#. For additional information, please see Middlesex county water Resources Association web page at: 5 http: / /www.m iddlesexcountyni.gov /Government /Departments /IM /Pages /Planning /Environmental% 20S ustainabiIity /Office- of -Plann ing - -- Division %20of % 20Environmenta1 %20SustaInab!Iity %20 — %20W ater- Resources- Association.aspx. Interested persons may submit written comments on the proposed amendment to the Department at the address cited above or at the email: wgmp.publiccomments @dep.ni.gov and to the County at the following address: Mr. Nicholas Tufaro Middlesex County Department of Planning 75 Bayard Street — 5th Floor New Brunswick, New Jersey 08901 Comments should reference Program Interest No. 435463, Activity No. AMD180005 and must be submitted within 15 days after the public hearing. Interested persons may request in writing that the Department hold a nonadversarial public hearing on the amendment or extend the public comment period specified in this notice. Such requests should reference Program Interest No. 435463, Activity No. AMD180005 and must demonstrate sufficient public interest for the public hearing or extension of the comment period, as defined at N.J.A.C. 7:1D- 5.2(d). The request must be submitted within 30 days of the date of this notice to the Department address cited above. Should the Department decide to hold a public hearing, additional notice will be published in a future New Jersey Register and the comment period will be extended to 15 days after the Department's public hearing. All comments submitted prior to the close of the comment period shall be considered by the county and the Department before making a final decision on the proposed amendment. 0 Sewer service is not guaranteed should this amendment be adopted as it represents only one part of the permit process and other issues may need to be addressed. Inclusion in the SSA as a result of the approval of this amendment does not eliminate the need to obtain all necessary permits, approvals or certifications required by any Federal, State, county or municipal review agency with jurisdiction over this project /activity. 3/5/2021 k6 Date Kimberly Cenno, Bureau Chief Bureau of Environmental Analysis, Restoration and Standards Division of Water Monitoring and Standards N (D O O t") O LO O G C O �ULr) a) o° 4) o°o Q7❑ �(0 0 N. CV " LO 0 co 0 m N d U