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For Immediate Release:
4/18/2006
For More Information:
Contact Doug O'Malley
(609) 394-8155 ext. 311

Enviros File Legal Petitions To Protect NJ Waterways

Earth Week Call For Expanded Category One Protections, Better Implementation

As the new home of NJPIRG's environmental work, Environment New Jersey can be contacted regarding this news release. 

TRENTON – With Earth Day approaching, leading statewide and local environmental groups announced a campaign to expand and strengthen protections for New Jersey’s pristine waterways. The groups will file legal petitions to win Category One protection for five of the state’s waterways: Toms River (Ocean and Monmouth Counties), Great Egg Harbor River (Atlantic and Gloucester Counties), Salem River (Salem County), Cedar Creek (Ocean County), and Oldmans Creek (Salem and Gloucester Counties).

“These are among the most precious waterways in New Jersey, but they are all at risk,” said Ethan Lavine, NJPIRG’s Environmental Associate. “Poorly conceived development projects dump tons of pollution into the most ecologically significant streams and rivers in the state. We need these protections for more waterways, and also to make sure that they are properly implemented and vigilantly enforced.”

The petitions, to be filed with NJDEP, lay out a science-based rationale for implementing the increased protection. The petitions also ask NJDEP to begin the rule-making process necessary to implement the Category One upgrades.

Category One protections guard against measurable increases in water pollution and create 300-foot buffer zones that limit new development around pristine waterways. These buffers guard against new major development projects, maintaining a riparian strip that greatly reduces the amount of non-point runoff pollution that enters the waterway.

“Category One designation for these waterways would represent an important and long-overdue step forward for water quality in a region that is currently experiencing growth at a pace and scale that the sensitive resources found here simply cannot sustain,” said Leann Foster, Policy Director for American Littoral Society (ALS). “Because of the 300-foot buffer requirement, Category One is an important tool for controlling development in the stream corridors and in the watershed itself.”

Signing the petitions are New Jersey Public Interest Research Group (NJPIRG), New Jersey Audubon Society, Sierra Club, New Jersey Environmental Federation, American Littoral Society, Pinelands Preservation Alliance, Save Barnegat Bay, Salem County Watershed Task Force, the Federation of Gloucester County Watersheds, the Great Egg Harbor Watershed Association, and others.

The petitions, prepared by Carter Strickland and Stacy Corbin of the Rutgers Environmental Law Clinic, demonstrate the high quality and value of each river, expounding on characteristics such as high water quality, aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, and exceptional fisheries resources – the characteristics weighed by NJDEP in the classification of the waterways.

“The water quality protections provided by Category One designation are not only critical to safeguarding our drinking water supplies, but also to protecting the health of stream ecosystems, which support many of New Jersey’s threatened and endangered species,” said Joanna Wolaver, New Jersey Audubon Society’s Conservation Project Coordinator.

The effort attempts to remedy a geographic imbalance in the designation of Category One protections, which have been thus far been largely reserved for northern New Jersey waterways. As development increasingly shifts southward, runoff pollution threatens treasured southern New Jersey waterways and the ecosystems they support, such as the Jersey Shore, Delaware Bayshore, and Pinelands Region.

“Granting Category One status to these Pinelands streams is a logical continuation of the state's commitment to protecting this unique ecosystem,” said Rich Bizub of the Pineland Preservation Alliance. Three of the five waterways for which petitions will be filed fall within the Pinelands Region (Toms River, Great Egg Harbor River, and Cedar Creek).

The five waterways also feed New Jersey’s precious coastal ecosystems. “Development is undoubtedly threatening the health of our coast,” said Helen Henderson, project manager for Save Barnegat Bay. “Ecologically and economically, protecting these waterways is the right thing to do.”

The call for expanded Category One protections comes less than a week after a New Jersey appeals panel upheld – in the strongest possible terms – NJDEP’s authority to implement the 300-foot buffers that accompany Category One designation in a challenge brought by the New Jersey Builders Association.

While the groups called for the expansion of Category One designations, especially in southern New Jersey, they also called for improved implementation of the protections. The 300-foot riparian buffers that accompany Category One designation have sometimes been reduced in size or fragmented to accommodate large-scale development projects. In some instances, towns have failed to implement the buffer.

“The court victory last week on the Category One buffers in the stormwater rules means the NJDEP must now move forward and nominate more streams for Category One,” said Jeff Tittel, director of New Jersey Sierra Club. “But the designation alone is not enough. We also need to implement these protections in all the different water rules.”

“With Earth Day Saturday, it's perfect timing to begin implementing the great commitments the Governor made during the campaign to upgrade the state's clean water rules and laws – more and better C1's, including stronger standards for sewers, septics, and stormwater,” added Dave Pringle, campaign director for New Jersey Environmental Federation.

Toms River

Toms River (Ocean and Monmouth Counties) flows through New Jersey’s Pineland Region before emptying to Barnegat Bay Estuary. Toms River and tributaries drain a significant portion of the eastern Pinelands Protection Area and recharge the Kirkwood-Cohansey, Magothy, and Piney Point aquifers that supply drinking water for the region (all of which are close to the surface and, therefore, especially vulnerable to contamination). Though Toms River is in one of the most rapidly developing regions of the state, for much of its length, the area around the river remains relatively undeveloped. Toms River and Barnegat Bay are ecological treasures and very popular with boaters and fishermen.

Great Egg Harbor River

Great Egg Harbor River (Atlantic and Gloucester Counties) is the largest canoeing river in the Pinelands Region and an important recreation destination. It faces an incredible threat from development, especially at its headwaters. The Great Egg plays host to dozens of species of fish and birds. Threatened and endangered species that rely on the river include bald eagles, northern harrier, osprey, the peregrine falcon, and the Pine Barrens tree frog.

Salem River

Salem River (Salem County) runs through Supawna Meadows National Wildlife Refuge, Mannington Meadows Complex, and the Salem River Wildlife Management Area. It supplies drinking water for the region, and hosts habitat for the bald eagle. The Salem River is the most threatened waterway in Salem County. It covers over a third of Salem County and is the largest tributary to the Delaware River. Over two-thirds of the lands surrounding the river are open (farm fields or open space), but development pressure is exceptionally high.

Cedar Creek

Cedar Creek (Ocean County) flows from New Jersey’s Pinelands to the Barnegat Bay Estuary. Though in an area facing exceptional levels of development, Cedar Creek remains relatively undisturbed. Its high water quality, valuable species habitat, and exceptional worth for recreation make Cedar Creek an important waterway to protect.

Oldmans Creek

Oldmans Creek (Gloucester and Salem Counties) flows through lush green farms, large tracts of forest, and expansive tidal wetlands before joining the Delaware River. New development is transforming the area and threatening the integrity of Oldmans Creek. The watershed hosts foraging habitat for the bald eagle and is an important source of groundwater replenishment.