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DEP to Flood Victims: Protection “Cost Prohibitive”

February 8th, 2008 Bill Wolfe 2 comments

$38 BILLION for tolls, $380 million for bond consultants, and NJ can’t find money to map where the flood risks are?

Bill WolfeStatehouse. Trenton, NJ. This photo was shot from a place that was under 5 feet of Delaware River floodwater in June 2006.

Governor Corzine has made no secret about his alleged commitment to protect New Jersey residents from what has turned into a devastating cycle of more frequent and severe flooding across the entire state. In the wake of the major flooding of June 2006, the Governor toured flooded areas to survey damage caused by the rising waters of the Delaware River.
“Governor Corzine Tours Flood Areas to Assess Damage” http://www.nj.gov/governor/news/news/approved/20060629a.html

A major part of the problem with flooding is lax regulation of development – too much development causes excessive runoff, and downstream development in the flood plains gets flooded out.

Bill WolfeOver-development generates large volumes of runoff, that can quickly cause even small streams to rapidly flood after relatively moderate rainfall. Over-development has radically altered the natural hydrology of NJ watersheds, greatly increasing flooding risks. Maps have not kept pace with development and greatly under-estimate risk, allowing more people and property to unknowingly be placed in harms way (often without flood insurance).

A combination of lack of of flood maps, outdated flood maps, and inaccurate flood maps impedes efforts to protect people. Without accurate maps, more development is allowed to be built in the wrong places. Old maps do not reflect the amount of stormwater runoff that results from heavily developed watersheds. As a result, DEP does not know where the real flood plain is. Inaccurate maps allow people to live in harms way, often without knowing of risks or flood insurance.
So, one would think it would be a high priority to update the maps.
Not for DEP – or the Governor, apparently.
In their own words, here is DEP’s formal legal reply to a request that maps be updated: (both comment and reply are printed verbatim):
46. COMMENT: Update of the Department’s flood hazard area mapping is required, as evidenced by the age of the current maps and the fact that land use/land cover and hydrological factors have changed dramatically since the maps were adopted. Current flood hazard area maps greatly underestimate flood risks and allow inappropriate development to continue. The Department should make specific commitments to secure monetary resources so that it can update existing floodplain delineations to reflect current hydrological and land use/land cover conditions, and to adopt new flood hazard area maps where none currently exist.
RESPONSE TO COMMENTS 46: The Flood Hazard Area Control Act rules are designed to protect the residents of the State from the increased impacts of flooding and environmental degradation that would otherwise be caused by unregulated development in flood hazard areas and riparian zones. Creating and adopting State flood hazard area mapping is a separate and independent process, which extends beyond the scope of the adopted new rules. Furthermore, updating the Department’s existing flood mapping for the entire State would be cost prohibitive
http://www.nj.gov/dep/rules/adoptions/adopt_071105a.pdf

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DEP weakens protections of stream buffers

February 6th, 2008 Bill Wolfe 4 comments

DEP Commissioner Lisa P. Jackson has revoked her own order issued little more than a year ago protecting so called “Category 1″ stream buffers. The effect of this sudden reversal makes it easier to cut stream buffers in half – from 300 feet to 150 feet – allowing development in the area surrounding the most sensitive streams, lakes and rivers, according to Public Employees for Environmental Responsibility (PEER).(Click on link for links to all the DEP documents)http://www.peer.org/news/news_id.php?row_id=986

src="http://blog.nj.com/njv_bill_wolfe/2008/02/large_Rocktown%20Thanksgiving%2007%20116.jpg">Bill WolfeThis is a natural stream buffer. Vegetation filters pollutants to help keep water clean, prevent flooding, provide wildlife habitat, and natural beauty. DEP rules protect 300 foot wide natural buffers along “Category 1″ streams.

On January 24, 2008, Department of Environmental Protection Commissioner (DEP) Lisa Jackson rescinded an Administrative Order that she issued on January 2, 2007. The 2007 Order mandated that developers conduct a strict scientific demonstration to prove that any disturbance or reduction in the buffer widths along Category One streams resulted in equivalent protection before any construction would be allowed:
“[T]he Department shall not approve any encroachment [into a buffer] unless the applicant has demonstrated…that the functional value of the [buffer] will be maintained”.
Her 2007 Order was praised by environmentalists but loathed by developers.

Bill WolfeThis is what a natural buffer looks like after developers turn it into a stormwater management facility at a housing development.

The strong 2007 Order was replaced by a weak guidance document. The new 2008 guidance document guts the scientific demonstration required under the 2007 Order and means that the current 300 foot buffer can be reduced to 150 feet without a rigorous prior showing that the important natural values will be protected.

Bill WolfeThis is a stormwater outfall in a stream buffer and direct discharge into a stream. DEP rules prohibit this within 300 feet of “Category 1″ streams. Developers oppose these DEP restrictions. Stormwater runoff and non-point source pollution are the number one threat to water quality. Stormwater pollutes sensitive trout streams with sediment, pesticides, fertilizers, and causes erosion, flooding, and loss of habitat

Bill WolfeForested mountainside destroyed for building lots. Development on forested steep slopes causes massive erosion, sedimentation of streams and wetlands, downstream flooding,and destruction of prime habitat.

Bill WolfeEngineering solutions don’t work. This is what happens when forests are cut down for development. Forests provide natural recharge and preserve and protect clean water supplies. Development destroys those critically important functions.