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Over 30 years of environmental excellence. MEETING MINUTES Cox Hall Creek Joint Permit Processing Meeting (JPPM) April 9, 2008 The Cox Hall Creek Wetland Restoration Project was presented at the joint permit processing meeting at the State and federal land use/environmental agencies. The attendees list is attached. Mr. Lomax of The Lomax Consulting Group discussed the preferred concept for the Cox Hall Creek Wetlands Restoration. The justifications of flood, mosquito and wildfire control were identified. The existing site conditions were then discussed. The process was described for the restoration of the tidal wetlands, including site investigations, proposed alternative concepts, analysis of impacts, technical review and public involvement to select the preferred concept. The features of the preferred concept were described. Mr. Kent Schellenger of the Cape May County Engineer’s office discussed the history of the meadow use and the pumping station. Mr. Coakley of Hatch Mott MacDonald discussed the hydrologic aspects of the project, including design storm criteria, forces influencing the design and analysis modeling. The agencies favored the open flow system and the overall concept of the project. The Army Corps of Engineers indicated that an Individual Permit Application would be required. They expressed concern about the band ditches and recommended that they be eliminated from the application. Their use may be revisited in the future only if documented mosquito populations are found, i.e., they recommended a phased approach. State Division of Fish and Wildlife concurred with the initial elimination of the band ditches. They further indicated that they had significant experience with water control structures that may be suitable for this project and invited the team to tour the Heislerville Wildlife Management Areas to see the structures in operation. ---PAGE BREAK--- Over 30 years of environmental excellence. Meeting Minutes Cox Hall Creek Joint Permit Processing Meeting (JPPM) April 9, 2008 Page 2 They further indicated that attention should be paid to the protection of threatened and endangered species of plants and animals – most notably the swamp pink population. The U.S. Fish and Wildlife Service re-enforced the need for swamp pink protection and the elimination of the band ditches. Further they suggested that reduction of inflow of stormwater into the basin should be explored through encouraging the use of rain barrels and other reuses scenarios. The National Marine Fisheries Service expressed a concern about the outfall extension and risks to sea turtles and recommended the evaluation of Essential Fish Habitats and that construction activities be timed to eliminate risk to critical aquatic resources. The U.S. Environmental Protection Agency indicated that water quality improvement is important to demonstrate and that wetlands are to be delineated in areas associated with any dredge and fill (construction) activities. Representative of the New Jersey Department of Environmental Protection – discussed their regulation programs and indicated that CAFRA, Waterfront Development, Freshwater Wetlands and Water Quality Certificate approvals will be required. Attention was directed to the Rules on Coastal Zone Management for design guidance. In summary, the overall considerations by the agencies directed use to permitting and refinement of design and construction timing to minimize adverse environmental impacts while supporting the overall wetlands restoration concept. Joseph L. Lomax, President The Lomax Consulting Group, LLC ---PAGE BREAK--- Over 30 years of environmental excellence. MEETING MINUTES Water Control Structure Investigations Heislerville Wildlife Management Area Representatives of the Cape May County Offices of Engineering and Planning, along with their consultants and a representative of the Cox Hall Creek Steering Committee met with Don Wilkinson and Lee Widjeskog of the Division of Fish and Wildlife to explore the use of water control structures in the Cox Hall Creek Wetlands Restoration Project. Inspection of the operating water control structures was most useful. Messrs. Wilkinson and Widjeskog shared their experience with the use of the structures and source information. The cooperation and insights of the State of the Division of Fish and Wildlife staff were very valuable to the design efforts and were greatly appreciated. Comprehensive collection of photographs were taken by Mr. Lomax; they were submitted in digital (CD) format to Messrs. Brian O’Connor and Lee Coakley for their use. Joseph L. Lomax, President The Lomax Consulting Group, LLC ---PAGE BREAK--- ---PAGE BREAK--- Over 30 years of environmental excellence. Joseph L. Lomax, President (609) 465-9857 ext. 17 [EMAIL REDACTED] June 17, 2008 Cape May County Planning Department 4 Moore Road, DN 309 Cape May Court House, NJ 08210 Attn: Brian O’Connor RE: Completion of the Hydrology Modeling for the Cox Hall Creek Watershed and Design of the Culvert under Clubhouse Road Middle Township, Cape May County, NJ TLCG File No.: 07-155.1 Dear Brian: Attached, please find minutes of our two meetings (Joint Permit Processing Meeting and Fish and Wildlife Meeting regarding water control structures). In addition, a list of technical criteria is provided below. These criteria are critical issues to ensure that the marsh restoration program achieves the project objectives of restoring tidal ecosystems to Cox Hall Creek meadow and of concurrently controlling, to the maximum extend practical; mosquito production, flooding and the risk of wildfires associated with the extensive stand of common reedgrass (Phragmites australis). The details are critically important in such projects. As such, the following are criteria offered for discussion with Leo Coakley, P.E. and the County Planning and Engineering staff. 1. Design must permit tidal water inundation of the Cox Hall Creek Basin (CHCB) to the extent illustrated in Figure 3 the saline marshes except for those areas that threaten existing development and Figure 4 the extent of the Pawcatuck – Transquaking soil complex (Pdwv). a. The conduits for tidewater must allow adequate volume of Delaware Bay (Bay) water to access the CHCB. Conduits include pipe(s)/culvert(s) from the Bay through the dunes to the basin west of Clubhouse Road, pipe(s)/culvert(s) under Clubhouse Road and connecting channels, as generally illustrated in Figure 10, Scenario 6, Cox Hall Creek Wetlands Restoration. b. Water control structure(s) are required to permit in flow of Bay water into the CHCB and freshwater outflow from the CHCB to the Bay. Theses structures must be adjustable to fine tune the volume of flow. These structures must safeguard against excessive inundating and storm driven flood waters. c. In flow of Bay water into CHCB must establish a 15 ppt salinity to control the reedgrass. The Bay water, at the intake, ranges 21 to 26 ppt. ---PAGE BREAK--- Over 30 years of environmental excellence. Brian O’Connor June 17, 2008 Page 2 d. The outflow must be adequate to accommodate drainage from the freshwater tributaries and stormwater discharged from the surrounding community stormwater management systems. e. The water control structures must be easily managed to evacuate the water in the meadow and then be closed in advance of major coastal storms. f. The water control structures must be easily maintained and repaired. g. Sizing of pipe(s)/culvert(s) and water control structures must accommodate marsh restoration and stormwater management objectives. Their respective elevations must be based upon the hydrolic design to achieve the stated objectives. 2. The extent of Bay water inundation, precipitation and stormwater should not flood cultural features, e.g. residences, roads, etc. Figure 5 illustrates the topography as it relates to these cultural features. This information is helpful in establishing the maximum CHCB flooding without adversely impacting the community. Adequate free board in the meadow/CHCB channels should be planned to accommodate normal (design storm should be established) rain events. 3. The Wetland Restoration Program must establish measurable goals, including definition of the desired ecosystem outcome; a water-level/flow management plan, monitoring the affects of the management plan, projected adjustment strategies to refine the desired affects of flood control, mosquito control and principally restoration of the tidal marsh ecosystems in the Cox Hall Creek Basin. 4. Safeguards must be in place, i.e., allow adequate inundation for wetlands restoration but limit the amount of inundation to ensure that flooding of homes and roads do not occur under reasonably predictable operating conditions. 5. The hydrology of the Cox Hall Creek tributary to the basin be managed to protect the existing swamp pink population. 6. Based upon recommendations of the environmental regulatory agencies, the band ditches are to be eliminated from the current design. If mosquito populations are produced adjacent to the uplands, the agencies will reconsider their position. 7. The system should be designed to function passively allowing gravity flow of the Bay and stormwater. ---PAGE BREAK--- Over 30 years of environmental excellence. Brian O’Connor June 17, 2008 Page 3 8. Operating without a pumping system should be evaluated. If a pumping system is required, the design should permit normal operation without pumping. The pump should be required for emergency stormwater excavation only. In summary, the major goals of this wetlands restoration can be achieved to benefit the community (flooding, wildfire and mosquito control) while enhancing a deteriorated natural system. Should you have any questions, please do not hesitate to contact me. Very truly yours, THE LOMAX CONSULTING GROUP, LLC Joseph L. Lomax President JLL/sms Enclosure PROJECTS\Active\-7-155.1\Minutes.dtm