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    CAFRA permit letter from DLUR

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    CAFRA Permit Letter From DLUR

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    Asbury Park Press
    CAFRA permit letter from DLUR

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    @ State of Nef Jersey Deraxrue oF ENVIROMENTAL PRorEcrON cous curistie Dishonor Lav Use Rua on marr cow MO. 8 al 30.024 Gammon “renon y os0 ax eon a9 KIM QUADAGNO sms anand 1 Gore AUG 0.3. 2017 Mr. Mordecai Stemstein cer HL elo GDMS Holdings, LLC 418 Clifton Avene, Suite 205 Lakewood, New Jesey 08701 RE: Denia of fora CAFRA Individual Permit nd Freshwater We eral DDLUR File 1500-04.0005.3 CAFI70001 and FWWL70001 Applicant: GDMS Holdings, LLC eo Mr: Mordechai Stemstein Project: Eagle Ridge Golf Course Residential and Commercial Development Project Location: Cross Street Blocks: $24; 824.23, Tots: 1, 2.01 & 77025 1 Lakewood Township, Ocean County Block: 79 Lot: portion of Let 41.01 Manchester Township, Osean County Dear Me. Storstin ‘The Division of Land Use Regulation (DLUR), acting under the provisions of the Coastal Zone “Management Rules at NJ-A.C, 7:7-1.1 et seq, has decided not to approve CAFRA Individual Permit and Freshwater Wetlands General Permit 6 application file #1500.04-0005.3 CAF70001 & EWW170001 for ‘the reasons set forth a follows SITE AND PROJECT DESCRIPTION ‘The project ste is designated as Block 524, Lots 1, 2.01 & 77.02 and Block 52423, Lot 1 in Lakewood Township, Ocean County anda portion of Block 79, Lot 41.01 in Manchester Township, Osea County. ‘The parcels in Lakewood Township, where the projects proposed to be constructed, are located along Cross Steet and Faraday Avenue and currently eontain an existing and operational golf course. The development site is directly adjacent to a closed landill owned and maintained by Lakewood Township. Xesidental developments focted to the south and west ofthe closed land ‘The golf course was constructed on the property at the same time the adjacent residential development, known a the Fanways at Lake Ridge, was constructed. The parel located in Manchester Township, Ocean County is loaied outside ofthe CAFRA jurisditional are within the Pinelands National Reserve. The Manchester parel is undeveloped and contain forested areas, wetlands, and associted transition areas; ities approximately 10 males away fiom the property proposed for development ‘The applicant, GDMS Holdings, LLC, has applied for a CAFRA Individual Permit and a Freshwater Wetlands General Permit 6 to construct a residential and commercial development with 936 residential housing units consisting of 390 duplexes and 52 triplexes with 936 basement apartments fora Nor ta ppt Epo Pr a cd Paper andl DLUR ile 15000100053 CAFLTO01 & FWH2 TOON a ‘Arplts OMS Holdings LLC {ota of 1,872 residential units, five (5) community centers, « commercial (real facility consisting of a 44677 square oot building and 243 parking spaces on a 214,659 square foo lt, which is approximately 5 acres, a clubhouse, internal roadways, stormwater management facilites, and associated amenities atthe cxisting 115.25 acre Eagle Ridge Golf Course property in Lakewood Township, Ocean County. The applicant proposes to fil 1,941 square fet (0:34 acres) of isolated freshwater wetlands onthe property ‘under Preshvstor Wetlands Genotal Permit 6 to build the proposed developmeat described above. “The applicant, as part ofthis aplication, is also requesting thet the Department agre to ekease & ‘conservation etrition from 41.066 acres of tees onthe proposed development sit that was required as ‘Senditon of CAFRA Individual Permit #1514.90-D105.4 87 and subsequent modifications to tha permit ‘provide addtional arts on the site to construct the proposed development Development isnot proposed on Block 79, Lot 41.01 in Manchestr Township. A portion of the Manchester property would serve only a8 tee preservation in order to satisty the requirements of ‘Subchapter 13 ofthe Coastal Zone Management Riles at NAC. 7:7 et seq. and o provide mitigation for the proposed request to relase the existing conservation restriston on the Eagle Ridge Golf Covrse property “The projects shown on wo (2) sets oF plans. "The first sot of plans contains thity-one (31) sheets and is eailed "CAFRA. Application For GDMS Holdings, LLC, Proposed Residential & Retail Development, Block 524, Lote 1, 2.01 & 77.02 & Block $24.23, Lot I; Tax Map Sheot #98 ~ Latest Rev Dated 11-2015, Cross Stret, Township of Lakewood, Ocean County, New Jersey", dated 01/31/2017, unzevised, and prepared by John A. Pals, PE, fom Dynamic Engineering. “The second set of plans contains ovo (2) shoots and is ented “Wetlands Permitting Plan, CDMS. Holdings, LLC, Proposed Residential & Retail Development, Block 524, Lots I, 2.01 & 77.02 & Block 52423, Lot 1, Cross Stret, Township of Lakewood, Ovetn County, New Teeiey”, dated 01/3/2017, ‘uwevised, and prepared by Dynamic Engineering. ‘These plans have not been signed and sealed. ADMINISTRATIVE HISTORY. On August 1, 1997, DLUR, formery the Land Use Regulation Program, issued a Letter of Interpretaion/Line Verification (DUR Filet 1514.90-0005.2) verifying the lection of wetlands and ttansiton areas on Block 524, Lots 77 & 142 onthe Lakewood Township tx map. This land is past ofthe property which s the subject ofthis CAFRA individual Permit and Freshwater Welland General Permit 6 ‘pplication. The applicant was The Kokes Organization. (On August 4, 1997, DLUR issued a CAFRA Individual Permit and a Freshwater Wetlands General Permit 6 (DLUR File 1514-90-0005.4, 6, & .) to construct 711 detached single family homes and 65 ‘quadruplex buildings ora total of 971 units, infernal roadways, stormater drainage systems, gol eurse, and associated development on 440.7 acres. This approval aso included the installation of 7.800 linear feet of offsite sanitary sewer, The issued Freshwater Wetlands General Permit 6 authorized the disturbance of 290 squire fet of an isolated sate open water for constriction of a wad erssing. The residential development i kaowa asthe Fairways at Lake Ridge. The golf course authorized undor this permit is the Eagle Ridge Golf Course which is proposed to be developed under the subject CAFRA and Freshwater Wetlands General Permit application. The applicant and owner ofthese properties was Cross Steet Associates, LLC. (On December), 1998, DLR issued a Freshwater Welds General Port 6 (DLUR File 1514. 90-0005.) fr te disturbance of 0.15 were (6,645 square fet) of isolated wetlands to construct 2 gol ‘course driving range and associated stormwater improvements on Block 524, Lot 77.02, This is prt of land now proposed for development in Lakewood Township under the curent CAFRA Indvideal DLURLe 1s00-04.00053 CAFTTOND & FHWITOOL a ‘opin GDM aging, LC Permit and Freshwater Wetlands General Permit 6 application. The applicant and property owner was Cross Steet Assoeates, LLC. (On July 9, 1999, DLUR issued a CAFRA Individual Permit Modification anda CAFRA Individ Pexmit (DLLUR Flie 1914-90-0005.8,-10,& .11) which authorized the constriction ofan ational 108 deteched single family homes, which ar part of the Fairways at Lake Ridge residential development, ‘ternal roadways, stormwater drainage systems, and associated development en Block 524, Lt 7 along with changes to the lot layouts and forest preservation arais authorized under the original CAFRA Individal Permit #1514-90.0005.4, 6, &.7. In adtion, the issued permit authorized the construction of 4 gall deving range on Block $21, Lot 7.02. The applicant and property vinner wan Chins Steet Associates, LLC. ‘On November 17, 1999, DLUR issued a Letter of Interpretation ~ Presenee/Absence (DLUR File 1514-50.0005.12) which verified tha state open waters, wetlands, and transition areas ae not located on Block $24, Lot 7. This parel is part of the existing Fairways at Lake Ridge residential development 1djacentto the existing Eagle Ridge Golf Course. The applicant was Cross Steet Associates, LLC. (On June 14,2001, DLUR issued Modification in Detail t9 CAFRA Permit #151490-0005.,.10 & 11 (DLUR Filed 1514-80.0005,13) to allow for changes to the area riginally approved for 65 ‘quadeuplex buildings within the Fairways at Lake Ridge residential development adjacent to the current project site. The modified configuration consisted of 35 quadruplex bugs and 79 single family homes fora otal of 219 nits instead ofthe approved 260 unis in 65 quadrupex buildings. The modified design also included the addition of one cul-e-sac and modifications tothe approved driveways to serve single family dellings. ‘The applicant was The Kokes Organization (On Mey 22, 2002, DLUR issued a Modification to CAFRA Permit #1514.90.00054, 6 & 7 (DLUR Files 151490-0005.15) to allow for modifications to the projet forthe 14,752 aquare foot ‘expansion ofthe existing Eagle Ridge Golf Course clubhouse to accommodate the consructon ofa banquet facility and additonal dining areas. In addition, the modification authorized the edition of 156 parking spaces and relocation of the golf cart storage area. The above modifications resulted in the akition of ‘T4488 square fet of impervious covert the eriginaly authorized impervious cover total. "This rested in the authorized construction of a 23,152 square feo clubhouse, a 10,200 square foot combined ‘maintenance and golf cat storage building, and 324 parking spaces. "The applicant end property owner was Cross Street Associates, LC. (On January 4, 2005, DLUR issued a denial of an application for a CAFRA Individual Pemnit (DLUR File# 1500-04.0005.1 CAFO40001) for the proposed construction of a 9-hole golf course to be added tothe existing Fagle Ridge Golf Course along withthe construction ofa 10,000 square fot office building. The request for a CAFRA Individual Perit was denied due to the project's nowcomplianes ith the requirements ofthe Endangered or Threatened Wildifeo Plane Species Habits rule a NI-A.C 1:TE3.38 (urrentiy NLA.C_ 17-9 6) foe impacto eitale northern pin snake habitat, An appeal the decision to deny the aplication was filed.” As per a NIDEP Mediation and Settlement Aprecrnent, a Letter of Authorization was issued to Faraday Associates, LLC on September 6, 2006 forthe project ‘described above along withthe constuction of associated fairways, bunker, fees, greens, three ponds, cart Paths, a 49 space parking area, and scooss to the parking area fr the office building On August 18, 2004, DLUR issued a Freshwater Wetlands General Permit 6 anda Freshwater ‘Wetlands Genetal Permit 11 (DLUR File 1500-04-0005.1 FWWO40001 & EFWWOL0002) fo disturb 0.23 scr of wetlands transition area associated withthe work authorized though the Letter of Authorization referenced above. The wetlands on this portion of the ste were previously verified by a Letter of Interpretation Line Verification issued on October 20, 2004 under DLUR File! 1500.04-0005.1 FWWo40003, DDLUR Fie 1s. 00053 CAFITOOD & FHWI7000 4 ‘Aptis GDMS Holdings, LLC n August 19, 2008, DLUR issued a CAFRA Individual Permit (DLUR File# 1514-07-0012.2 ‘CAF080001) forthe constuction of @ 2,140 square foot expansion to the existing Fairways at Lake Ridge ‘clubhouse, the edition of 28 parking spaces, and construction of «connecting roadway and tliis from the existing Fairvays at Lake Ridge tan adjacent residential development located along Cross Sireet. ‘The release of 0.18 acre portion ofthe deed restrted toe save area on The Feirways a Lake Ridge site aun preservation of 196 are tree save aes in a different location oa the property was authorized in oder ‘oconstuct the coanecting roadway. The adjacent residential development was authorized under a Letter ‘of Authorization issued aftr denial of CAFRA Individual Permit application (DLUR Filed 1514-06- ‘0013.1 CAF0GD001) to Somerot Dovalopment, LLC to construct 3 age restricted single frily do ‘on Block 524.30, Lots 7, 801, 10, 11, 2 & 17. "The residential development authorized for constuction to Somerset Development, LLC is lso part ofthe project site since shared infrastructure consists ofa road Authorized under the above CAFRA Individl Permit which connects the two developments and the parcels ae considered contiguous in accordance with NJ.A.C. 7:7-2.200)8, ‘On February 15, 2017, DLUR received an application for a CAFRA Individual Permit and Freshwater Wetlnds General Permit 6 (DLUR File 1500-04-0005.3 CAF! T0001 & FWW170001) forthe construction ofa residential and commercial development a discussed shove. Aditional information to ‘Supplement the submitted application and to adress non-eamplianceissus with the project was requested in the Division's Complete for Public Hearing Letter, dated March 16, 2017. ‘The applicant’ agent submited supplemental information t various stages inthe aplication process to altenp fo adress some fof the non-complances issues raised in tho Division's March 16, 2017 letter. This supplemental information was considered in the analysis of the application for compliance withthe apliable Coastal Zone Management Rules at NJAC. 77, A public hearing on this apliation was held on May 9, 2017 ‘at lackson Memorial High Schoo! ia Jackson Township, Ovean County inorder to gather comments on the ‘reject fom te pic. “The statutory denne fora decision on the CAFRA Individual Permit portion ofthe aplication ‘was uly 7, 2017. However, the appliant’sstomey requested a 30 day extensin othe derision deadline vis ite tothe Assistant Commissioner of Land Use Management, dated July 7, 2017, in order to allow or adlitona time to address the non-compliance issues with the aplication. The Division granted the request fr 30 day extension and the extended decision deadline onthe aplication is August 6, 2017. (On or about July 21,2017, the applicant submited additional documentation including a partially revised ‘pplication, but fale to give notice to the persons referenced in NAC. 77.26.18). Thus, the revised submission was ineffective, The analysis bolow is solely based on the orginal design of the project, inchided inthe inal sebmital and submited supplemental information as discussed above. "There is no statutory decision deadline onthe Freshwater Wetlands General Perit 6 portion ofthe application, ANALYSIS “The following analysis addresses only those sections of the Coastal Zone Managerent Rules (NJAC. 77-1. ot s0q), a8 amended to July 17,2017, for which the proposed projet does not comply. For furterelaritiation, he italicized writing indicates the regulation andthe bold wring indicates how the project does not mest the applicable regulation. The complete ule text may be found at N.L.A.C. 7:7 Ltetsea [NJLA.C, 7:71 — Standards for evaluating permit applications (@ AI applications for coastal permits shal be approved, conditionally approved, or denied pursuant to this chapter. (8) The Department shal issue a permit pursuant to CAFRA only upon a finding as required by NJS.A LUI Fie 150 0.00053 CAEL TEND & FHWT0001 s ‘Alice CDMS Hong LE 13:19-10 thatthe development: 1. Conforms with ail applicable air, water and radiation emission and effluent standards and al “applicable water quality eritera and air quality standards; 2% Prevents air emissions and water effluents in excess of the existing dilution, assinilatve and recovery capacities ofthe air and water environment at the site and within the surrounding region: 4 Would result in the minimal easble impairment ofthe regenerative capacity of water aquifers or ‘ther ground or surface water supplies; 5. Would cause minimal feasible interference with the noaralfaetioning of plant, animal, fish and muna ifeproceses atthe ste and wahtn the surrounding region; 6 1s locoted or constructed so as to nliher endanger human Ife or property nor otherwise impair ‘the public health, safety and welfare and 7. Would result in minimal practicable degradation of unique or iveplaceable land types, historical orarchaeologcal areas and existing public scenic atributes at the site and within he strounding region indi In onder for a CAFRA Individual Permit tobe issued, project compliance with Section 10 ofthe Coastal Area Facility Review Act (CAFRA) at N.LSA.13:1910 must be demonstrated as per NJAC 7:7-1.4. As indicated in the discussions below, the applicant has filed to adequately demonstrate compliance withthe Stormwater Management rule at NJ.A.C. 7-7-1665, the Endangered or Threatened Wildlife or Plant Species Habitats mule at NJ-A.C. 7:79.36 the Basie Location rile at NILA.C. 77-142, and the Traffic ule at NJAC. 7-16.12. Failure to comply with te roquirements ofthe above sated ‘ules affects whether the project complies withthe requirements af Section 10 of CAFRA. ‘The project hts not been designed in accordance with the requirements of the Stormater Management rules at N.LA.C. 7:8, "The aplicat has not povided sufficient information to demonstrate that the project design would mest the eguirements for water quality, water quantity, and groundwater recharge, as required per the applicable requirements of the Stormvater Management rules at NJAC. 78, ‘Therefore, the applicant has not demonstrated tht the projet has been designed to conform with all, applicable sir, water and radiation emission and effluent standards anal applicable water quality eiteria and air quality standards, prevents air emissions and water effluents in exoess of the existing dilaton, ‘ssiilative and recovery capacities ofthe ar and water environments tthe site and within the surrounding ‘region, and would only rest inthe minimal feasible impairment ofthe regenerative capacity of water aquifers or other ground or siete water supplies as required por NIA. 77 TAQ)L2 ef ‘The construction ofthe proposed project on the Bagle Ridge Golf Course property would not cause only a minimal feasible interference withthe natural functioning of animal ie processes atthe site and ‘within the surrounding region as required per NJAC. 77-1 4(8)$ & 7. As discussed below, the project sites mapped on the Department's Landscape Maps Version 3.3 fr state threatened northern pine snake, ‘There has been a recorded and confirmed sighting of State threatened red-headed woodpecker within the project vicinity andthe Department’ inital assessment ofthe site provided evidence of suitable habia for ‘orthem long-eared bat. Although the Department does not have concerts regarding sitable habitat on site for arthem pine sake and northern long-cared bat, the Deparanent hs comlied that the ite provides ‘suitable habitat for State threatened red-headed woodpecker based onthe confined sigting, a review of ‘he submitted survey of potential habitat on the projet site, and available seientifie Information. [BLUR Fie 1son.4.00053 CAFYTOODL FWWI7001 ‘ ‘rol DMS Holdings LLC ‘As discussed below, the project fs to comply with the requirements ofthe Basic Location rule, NJAC. 7-142 due tothe proposal fo develop the 41.066 acres of tre preservation ares which are protested from development by a recorded conservation retrition that was required as @ condition of @ previously issued CAFRA Individual Permit and subsequent modifications for the construction ofthe gol ‘course and adjacent residential development known as the Fairways at Lake Ridge. A request o release the conservation restriction has been submitted tothe Division; however, the applicant has aot adequately ‘demonstrated that the release would be in the pubic interest in accordance with N.I.S.A. 13:8B-1 et seq, nor has the applicant provided adequate mitigation forthe impacts that would provide an increase in ‘vironmental protection. ‘The applicant has not demansrated thatthe proposed elimination ofthe tee ‘reservation areas onsite would only result inthe minioal feasible interference withthe natural functioning, ‘of plant, animal, fish and human ile processes atthe site and with the surounding region. The aplicant ‘as also not demonstrated would ony result in minimal practicable degradation of unique ce iveplaceable land types, historical or archaeological areas and existing public scenic attributes at the ste and within the surrounding region, Finally, the large-scale development of the Eagle Ridge Golf Course property would result in significant traflc impacts inthe surrounding area as evidenced by tho submited Trafic Impact Stuy, dated April 20, 2017. The submitted Traffic Impact Study indicates that aftr constuction of the project, humerous roadways inthe project vicinity would operate in excess of capacity Level D. Although the ‘applicant is proposing to make a monetary contribution based on fae share costs of the improvements needed to mitigate the adverse traffic impacts, confirmation thatthe necessary roadway improvements ‘would be competed has not been provided nor has it been demonstrated that the improvements would result Inthe required level of traffic sevice being met. Therefore, the construction ofthe projects antipated to erette significant teaffic increases in the surrounding area, The applicant has not sufficiently ‘demonstrated tat the project i in an area or willbe constructed ina manner to neither endanger human life or property nor otherwise impair the public health, safety and welfre as required per NJLA.C. 7:7 1406 (a) Endangered or threatened wildlife or plant species habitats are terrestrial and aquatic (marin, {estuarine or freshwater) areas kyown tbe inhabited ona seasonal or permanent bass by to Be critical “acy seg in the life ele of any wildifeor plant identified as “endangered” or “threatened” species ‘on offical Federal or State lists of endangered oF threatened species, or under active consideration for ‘State or Federal listing. The definition of endangered or threaiened wildlife or plant species habiats Includes a sufciet buffer area to encure continued survival ofthe population ofthe speces as well as ‘areas that serve an essential ole as corridors fr movement of endangered or theatened wife. Absence ‘of sucha buffer ea doesnot preclude an area from being endangered or threatened wildife o plant species habitat. 1, Areas mapped as endangered or threatened wildlife species habitat onthe Department's Landscape ‘Maps of Habitat for Endangered. Threatened and Other Priority Wilde lnown hereafier as Landscape Maps) are subject tothe requirements of this section wnless excluded In accordance with (2 below. Bufer areas, which are part of the endangered or teatened wildlife species Ihabitt, may extend beyond the mapped areas. The Departments Landscape Maps, with isting of the endangered and tiveatened speces within a specific area, are available from the Departments Division of Fish and Wilde, Endangered and Nongame Species Program at the Division's web address, ww slate. nid ewlensphome, (®) Development of endangered or threatened wildife or plant species hubta is prohibited unles it can be demonsirated, trough an endangered or threatened wildive or plant species impact assessnert as LURE so0-4.0005 CAFI TOON WWI 7 ‘Aspltant" GDMS anes LU described at NAC. 7:71, that endangered or tveatened wildlife or plant species habitat would not Airety or through secondary impacts onthe relevant site or in the surrounding area be adversely afte. ©) Applicans for development of sites that comin or abut areas mapped as endangered or threatened ildife species habitat on the Landscape Maps shal ether 1. Demonstrate compliance with tis rule by conducting an endangered or threatened wildlife “Species impact assessment n accordance with NAC 7:711,2; 0” 2. Demonstrate thatthe proposed ste isnot endangered or threatened wildlife spectes habit ‘and thi rade doesnot apply by conducting eahmgerilor threatened wilde spectes haba ‘evaluation in accordance with NIAC. 77-13, (©) ifthe Department becomes avare of en occurence ofan endangered or threatened wildlife spectes on 4 site that is not mapped as endangered or threatened wildlife species habitat on the Department's Landscape Maps, and the Department determines that the habitat may be suitable or thot spctes the Department shail noufy the applicant and the applicant shall demonstrate compliance. with oF “napplicaittyof his ral in aecardance with (e) above. Findings A review ofthe Departments Landscape Maps Version 3.3 indicates that southeast portion of the project site is mapped rank 3 fr State threatened northern pine sake. In addition, the Department ‘received @ reported sighting, and confirmed this sighting, ofthe State threatened redheaded woodpecko 8 Tocation immediately offsite of the subjet property. Also, coordination between the Division ahd threatened and endangered species experts in the Department's Endangered and Nongame Species Program CENSP) concluded that he site features habitat fr treatoned norte long-eared bat. Based onthe above Landscape mapping for northern pine snake, the reported sighting of the State threatened redheaded woodpecker, and the habitat suitability of the site for northern long-eared bat, compliance with the requirements ofthis ul is required por NJ.A.C 7:7-9.36)1 & ()- ‘The project, as proposed, includes the construction of the main infiltration basin at the southern portion of the site within the land area mapped as north pine snake habtt. A document entitled “Endangered or Threatened Wildlife Species Habitat Evalution: Eagle Ridge Golf Course”, dated Sanuary 17,2017 was prepared by DuBois Bnvionmeatal Consultan and submited in the application for review by the Department. The evaluation analyzed the habitat suitability ofthe subject site for northem Pine snake. The evaluation concluded tht suitable habitat for northern pine snake was absent from the Project site based upon the exsing management and maintenance of much of the site as an ative gol course. ‘The golf course has fragmented habits into undersized patches surounded by managed habit subject to daly human use. Also, the location of the existing site within an urbanized landscape featuring, dense residential development to the east and south and active roadways along the northem and western Drders andthe inerenc in surounding development betwoon the 2002 eghting and current conditon> ‘which mainly refers to the fit, large residential subdivision along the southem border ofthe projec site support this assesment of he project site regarding the absence of suitable habitat for northern pine sake. ‘The Department concurs with Dubois's conclusions and has determined that the proposed development ‘would not cause adverse impacts to pie snake habia, ‘The Dubois evaluation also assessed for northem long.cared bat due tothe projet site's location ‘within the New Jersey range ofthis species and is potent for suitable habitat conditions onsite, The evaluation concluded thatthe project site fies within a suitable roasting landscape for nother long-cred bat given the presence of pine forest with suitable sized tres onsite. ‘Thus, an approprittely scheduled ‘Northern Long-eared Bat Phase One acoustic survey was needed to determine if Mos (bat) species are present on the property. On June 28, 2017, the applicant's agent submitted the requested Phase One DLUR ie sto 0420053 CAFYTOOL & FWW 7000 * opie” ODISHolaags, LLC acoustic survey via email to the Department for review, Based on the information provided, acoustic “surveys for northern long-cated bat were conducted from June 7 through June 8h of 2017. Based on the result of the acoustic surveys, Dubois concluded that there is no evidence of northern long-eared bat uilizng the site and, therefore, the presence of northern long-eared baton the project ste is unlikely ‘Based upon review of the survey provided and the concluding ress, the Department agrees with this Finding, ‘Therefoxe, the construction of the project onsite would not adversely impact any habitat for northern lng-eared ba. Finally, as discussed above, sighting ofthe redheaded woodpecker was confined ata Tocation| immediately cfiite fom the project loeston. Dye othe confirmed sighting and scientific documentation ‘egarding the association of redheaded woodpeckers within golf courses, the Department requested a ‘survey of potential habitat ofthe projet site o determine whether or nt this species is til present in the fre and (0 provide a basis upon which to evaluate te habitat fr this species. On June 28,2017, the ‘applicants agent submited the survey that was conducted on the projec site via email tothe Departient fr review. The provided survey identified several spocies of common woodpeckers onsite, but didnot confi the prescnoe of red-headed woodpeckers. Based on the survey results filing to identify red headed woodpeckers onsite, Dubois concluded thatthe project would not adversely imc habitat fr this species. “The submited survey failed to provide an analysis ofthe suitability ofthe onsite habitat forth species outside of a discussion oF one potential pst stag and filed to discuss project impacts o poten Suitable habitat. Based ona review of available iterate, redcheadod woodpeckers nesting locations are Widely scattered and icalzed and breding populations of this species have historically bee erat andor ronpersistent at documentod locations. Furthermore, the discussion of existing site conditions inthe intial Dubois habitat evaluation described onsite forest characteristics and sparse understory vegetation ‘which ae typical of redheaded Woodpeckers in southern New Jersey. Additionally, the operation ofthe teas an existing and active go course helps to msittan the understory conditions favorable to this species. Based onthe above information, ithe Dopartment’sdotemintion thatthe submited survey oes not adequately refute the presence af redheaded woodpecker haitat on the site and, therefore, the sites considered suitable habitat fr red-headed woodpecker. The proposed development would distar> stlable habitat for red-hended Woodpeckers. ‘The applicant has failed to provide a specif discussion as tahow the project ha avoided or minimized impacts to the suitable red-headed woodpecker habitat onsite ‘or provided mitigating measures to oft any projected impacts. Therefore, the Department cunnot make the determination that the development ofthe projoct ite with a residential and commercial development would not adversely affect State threatened red-headed woodpecker habitat as requted per NJAC. 7:7 9.360). [Based on te above discussion, the applicant has not demonstrated compliance with this rule [NJLA.C. 7:7:13.17 Impervious Cover Limits for a Site in the CAFRA Area, () The impervious cover limit for ast inthe CAFRA are shal be determined a follos: 4. Iasi is no located in a CAFRA center, CAPRA core, or CAFRA node, and sno ocated In ‘the Coastal Metropolitan Planning Ared or ina coasal center, the cover limits determined tinder) below: and 4 Paste 8 located an military Installation, the impervious cover limit 1s determined under (e) Below: (6) Ifthe site i not locate na CAFRA center, CAFRA core, or CAPRA node, i not Tocated in the Coastal ‘Metropolitan Planning Area, and isnot located ina coastal center, the impervious cover limit isthe Knit ate) 2, ar 3 below, whichover is higher: LURE Fe 1son.onos3 CArYTEGO & FWYTT001 ° Appl CIDMS Holdings LLC 1. The acreage ofthe net land area on the site as determined under NLA.C. 77-13 3), multiplied ‘5 the impervious cover percentage in Table H below for the Coastal Planning Area in which the sites lcated: or 2. The acreage covered by buildings andor asphalt or concrete pavement legally existing om the site athe ime the application is submited tothe Department, excluling any buildings, asphalt andor ‘concrete paving placed on aste in accordance with (3 below: or 3. For-a marina suppor fect ata legally existing and operating commercial marina inctuding ‘marina operated by a public agency, emission or eathorty, the lid (e)1 a 2 eve oF the amount of legal existing impervious eover located on the ste, as determined under (g) belo, provided the marina support facility is placed on existing legal impervious cover, whichever fe higher. For the purposes of this subsection, marina support facilities are boat rack systems, factites fr sewage treaiment and marina support buildings. Marina support Buildings, inte, ‘but are not limited 10, showrooms, sheds, restrooms, and buildings for marine supplies, att and ‘tackle, boat sales, dock wasters ofets), and boat repair, maintenance. and mamufactarng, Bindings ‘Tho project site is leated within a Coastal Fringe Planning Area within the boundaries of the Lakewood mainland coastal regional center in accordance with Appendix. of the Coastal Zone Management Rules. The projet site proposed for development under this CAFRA Individaal Bernt application was previously part ofthe oveal site which included the adjaceat Fairways at Lake Ridge ‘esidental development and the development to the north authorized under & CAFRA Individual Perit ##1514-07-0012.2 CAFOBO001 to Somerset Development, LLC. As discussed above, the residential ‘development authorized for construction to Somerset Development, LLC is also part ofthe projet site since shared infrastructure consists of eroad authorized under CAFRA Individual Pent 1514-07-00122, ‘CAFOO001 which connects the two developments nd the parcels are considered contiguous i accoedance with NJAC. 77-2200), In accordance with NJ.A.C, 7:72:26), the entire project site, which includes the Eagle Ridge Goll Course property, the existing Fairways at Lake Ridge residential development, and the residential evelopment authorized to Somerset Development, LLC, must be considered when calculating the impervious cover limits. As discussed below, the projet site aces to met the impervious cover lit for ' Coastal Fringe Planning Area. ‘The project does not receive the benefit of the 80% impervious cover Timit allowable in a coastal regional center because a portion of the proposed development would be ‘onstructed in an area mapped for threatened andor endangered species habitat on the Department's Landscape Maps Version 33. Therefor, the impervious cover limit would be determined in accordance with NIAC. 7:7-13.1%6), Since the portion of the site where the propoced residential and commercial devel is proposed is largely undeveloped and the project seis not a marina, the impervious ever lim forthe site fs dotemined by NJAC. 7:7-13.17()1._ In accordance with Table HH at NJAC. 7-7-1317, the pervious cover iil fora site within a Coastal Fringe Planning Area is $ percent. The most eceat ampervious cover calculations provided by the applicants attorey via email on fune 5, 2017 indica that the construction ofthe proposed development would result in 70.14 pereet impervious cover onthe Eagle Ridge Golf Couse propery, ‘The proposed development onthe Bagle Ridge Golf Course property coupled with the previously _spproved inpervious cover forthe adjacent Fairways at Lake Ridge resident! development would result ina toa of 42.60 percent impervious cover on the overall site. However the submitted calculations did not factor inthe authorized impervious cover and existing impervious caver on the site previously DLUR is 500.04.00053 CaF: T00N& FWW 17001 » ‘Aplin GDMS Hogs LLC authorized and constictod by Somerset Development, LLC. Additional information is needed to determine the accuracy of the submitted impervious cover calculations. All together, based on the information provided, the proposed impervious cover coupled withthe approved and existing impervious ‘cover for the Fairways at Lake Ridge residential development and the parcel previously constructed by ‘Somerset Dovelopment, LC clearly exceeds the permissible limit established under Table I a NJAC. TPIT, Based onthe above disussio, the proposed proectexceeds the permissible impervious cove limit forthe sit and fais to meet this rule, NIA, (a) The area (in acres) om site Inthe CAFRA area in which trees anor herbishrub vegetation shall be Planted or preserved is caleulted as follows: |. Todetermine the area (in ares) of tre preservation andor re planting on the sit i ‘Determine the location ofthe ste for purposes of determining applicable vegetative cover percentages using the method described a NJAC. 7:7-13.18() identify the forested or forested portions ofthe ste, as determined under NJAC. 7.7 133% and ik, For each forested ste or parton identified at (a) above, mulply the acreage ofthe net an ‘area on the forested site or forested portion as determined under NLALC. 77-133), by the tree preservation percentage tn Table I below forthe site location that applies othe ste or portion, as determined wer (a) above; and inn For each unforested site or portion identified at (a) above, multiply the acreage ofthe net land area on the ste or portion, as determined under NIAC. T:713.3(2), bythe re planting ‘percentage in Table [ below for the site location that applies 10 the site or portion, os determined wnder (2) above; and 2. To determine the area (i acres) of herbishruh vegetation presereation or planting on the site, subtract ‘oth the acreage ofthe impervious cover alowei under NIA. 7.7-13.17 and the acreage oftee planting andr preservation required under (a) above from the aereage ofthe et land area onthe site. Kindines [As dliseused above, the project site is located in a Coastal Fringe Planing Area within the boundaries of the Lakewood mainland coasel regional center, but does not receive the benefit of the ‘veustative cover perentages af a coastal regional eener due t proposed development within an ae ‘mapped on the Department's Landscape Maps Version 3.3 for Sate threatened northem pine snake. In ‘tocordance with Table lat NJLA.C. 77-13.1, forested areas ofa ste ina Coastal Fringe Planning Arca require 70 percent tee preservation, Unoresed areas of a site require S percent re preservation or tee Planing, ‘The applicant propose to provide the required toe preservation and tee plantings on a portion ‘fa pave identified as Black 79, Lot 41.01 in Manchoster Township, Ocean County, not on the ste proposed for development, This parcel has been included as par ofthe project site on the submited ‘pplication form. However, this parcel in Manchester les beyond the reputed CAFRA jurisdictional tea and has no ecological nex to the project site. Therefor, it cannot be lize to stil the required ‘vegetative cover requirements forthe application, Based onthe above the applicant falls to provide the required tee preservation and tree plating for a sito located in a Coastal Fringe Planning Area, In ‘dion, the submitted vegetative cover calulaions, dated April 24, 2017, also fail to take into account LURE Fe son-.00053 CAFYTONO FWW0001 " ‘Applian CDMS Helin LLC the area authorized forthe Somerset Development, LLC development. Thus, the applicant has failed to ‘moet the vegetative cover percentages specified in Table I at NJLA.C. 7:7-13.18 for a ste located in Coastal Fringe Planning Area ‘Based on the provided vegetative cover calulations, the applicant has not demonstrated that the project meets he vegetative cover requirements and compliance wth the rule i not met © D 1d Coastal (0) On March 15, 2007, the boundaries delineated by the Deportment for matntand coastal centers not cated on barrier islands, oceanfront spits, or peninsulas inthe CAFRA area expired. The expled ‘boundaries were re-established under the Permit Extension of Act of 2008 as amended January 18, 2010, ‘Seprember 19, 2012, December 26, 2014, and June 30, 2016, The bounderies of mainland coastal ‘enters are described in Appendi J ofthis chapter (@ The area identified at (4) through 6 below shall nor be considered part ofa mainland coastal center, ‘except for purposes of () below: 41, Areas mapped as endangered or threatened wildlife species habla on the Departments Landscape ‘Maps of Habita for Endangered, Threatened or Other Priority Specie. The data are available ws download atthe CAFRA Planning Map layers webpage: sn. so depgi'CAPRAlayers hin: (©) For the purposes of any CAFRA permit issued for a development within a re-established mainland coastal center pursuant ff) above: 1. The impervious cover limits and vegetative cover percentages for those portions of the site located Within the mainland coastal center shall be determined in accordance with NALA. 7713.17) ‘and 13.18, respectively, provided no portion of the proposed development is located outside the boundaries ofthe mainfand coastal center orn one of the areas identified of (1 through 6 above ‘any portion ofthe proposed development Is located ouside ofthe meinland coastal center boundries, ‘rin one ofthe areas idenfied at (4) through 6 above, then the impervious cover limits and vegetative

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