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Christie tells Manasquan meeting that FEMA will ease new height rules

• There will be pressure to rollback existing standards, to rebuild quickly and not to incorporate higher standards to create safer communities … Significant pressure will be brought forth politically to relax reconstruction standards, leaving the rebuilt structures as much or more hazard prone than prior to the disaster. The bigger the event the more likely we are to see backsliding in those policies that would make our coasts, cities, and citizens safer in the next event.   ~~~ Association of State Floodplain Managers,  12/31/12 Statement

• “Larry Hajna, a spokesman for the New Jersey Department of Environmental Protection, said the tool “provides a stunning way to visualize the impacts of sea-level rise and to understand why it is so important to build to the highest possible elevation.” ~~~  Sea-level map offers disturbing picture of Shore’s future – Philly Inquirer, 3/21/13

• To Bill Wolfe, director of the environmental group NJ PEER, “the Rutgers work shows how the FEMA maps underestimate risks.” He wants to see the new tool formally incorporated by the two agencies. “Buildings and infrastructure like roads, water and sewer and storm water have useful lives of more than 50 years,” Wolfe said. “What we build today will see the Rutgers elevations.” ~~~ Sea-level map offers disturbing picture of Shore’s future – Philly Inquirer, 3/21/13

According to the Star Ledger,

MANASQUAN — Facing a crowd of hundreds still reeling from the devastation left by Hurricane Sandy, Gov. Chris Christie said today the Federal Emergency Management Agency is expected to release new flood elevation maps in a few months that will ease height requirements for many homes and businesses.

That is a highly irresponsible statement by the Governor and exactly the wrong signal to send to people contemplating whether or how to rebuild.

The Governor is asserting exactly the political pressure that professional floodplain managers correctly view as undermining critically important protections for public safety.

The Governor is recklessly misinforming the public, distorting expectations, and must be called out on this.

[Note: Christie’s statement seems to conflict with the US Senate testimony, just 2 days ago, of FEMA Administrator Fugate (read testimony here).]

For example, just weeks ago, a new set of flood zone maps were released by Rutgers that showed the effects of sea level rise.

Those Rutgers elevations are higher than the FEMA maps, which don’t consider sea level rise or climate change.

As I’ve written several times, when FEMA considers these effects – as they are legally required to do – the final elevations are going to get  HIGHER and the flood zones are going to get LARGER. 

Yes, there may be some minor site specific technical modifications to the mapped “V” zones, but this will be nothing like the kind of relief the Gov. is suggesting.

Let me close with a quote by the flooplain management professionals –  I urge you to read the statement, which outlines specific needed actions – in its entirely:

Right now is the best window of opportunity to incorporate actions to make those communities impacted by Hurricane Sandy more resilient from future flood events. In the devastating aftermath of a significant event like Sandy, there also exists a window of opportunity for communities to make wise redevelopment choices that will help support the economic and social vitality for generations to come. While such choices can be politically unpopular in the short term when the focus is to get back to normal, choosing a better path now can lead to reduced costs, misery, suffering, and hardship for families and businesses alike. It is much harder during a “sunny day”, or after the event has been forgotten, to make needed changes than it is right now when people are faced with the consequences of the storm and are more receptive to significant – although sometimes disruptive actions – that can result in effective mitigation. There are admirable examples of communities in the nation that chose a more resilient future in their darkest hours after a devastating event.

Here is an outline of the document (there are detailed recommendations):

NEEDED ACTIONS

• Rebuilding in Damaged Areas—Do It Smarter and Safer!
• Mitigate Wherever Possible
• Provide Resources and New Authority/Flexibility for Mitigation Programs
• Protect and Restore Natural Floodplain and Coastal Systems

SUMMARY

We cannot afford, as a nation, to rebuild the same way. This event could push the total debt of the NFIP alone to 30 billion dollars. Recovery from Sandy must include mitigation in every single decision. The frequency and severity of coastal storms and rainfall events are changing in the US. We must evaluate how we plan, mitigate, and respond to natural hazards. We must ensure that the nation is not ignoring the ever increasing threat of natural hazards. We must rebuild in a way that will reduce vulnerability to flooding, hurricanes, and other large storms in the future in order to avoid the human suffering and economic disruption that always follows. Reconstruction must balance the critical nature of coastal wetlands, barrier islands, and other natural shoreline processes with the economic uses unique to the Northeast, for if we do not account for the delicate balance, we will simply be reconstructing a coast that will be even more vulnerable to the destruction caused by natural disasters. We must learn from the past to avoid repeating these problems so we have safer, more disaster resistant communities, homes, businesses, and infrastructure. And we must start now.

DEP River Flood Maps Underestimate Risk – Are 30+ Years Old

Flood Prevention a Buono strength and Christie vulnerability

• The majority of the Department’s flood maps were promulgated in the 1970s and 1980s. While there have been a number of minor revisions to these maps over the years, the Department has generally not undertaken large-scale remapping or new mapping of previously unmapped waters since that time. As a result, the Department’s maps in some cases underestimate the actual extent of flooding. ~~~  DEP Emergency Rule  (Jan. 24, 2013)

• We can’t rely on flood maps that go back to the Jimmy Carter era, or we’re just asking for more trouble.  ~~~ Senator Gordon – Senate Hearing, Dec. 3, 2012

Governor Christie’s proposal to seek $250 million in federal Sandy disaster assistance funds for a buyout program has shifted the debate to an equal or greater flood risk: NJ’s inland river systems.

On Tuesday, the Record reported:

Governor Christie wants to spend $250 million in federal money to buy out flood-prone properties, but not necessarily in the shore communities hardest hit by super storm Sandy, he said Tuesday.

[…]… Christie said he wants to focus the buyouts on flood-prone areas in Middlesex County, which has about 50 miles of shoreline on the Raritan River estuary, Raritan Bay and the Arthur Kill.

As we warned, the majority of the flood damages occur inland, the majority of repetitive flood claims occur inland, and so have the majority of economic harms DEP has documented – which are only going to grow as climate change accelerates:

From 1993 until April 2010, New Jersey experienced 1,241 floods causing more than 1.25 billion dollars in property damage and resulting in 14 deaths and 197 injuries. … In 2011, FEMA made five major disaster declarations in the State, four of which were due to flooding from severe weather events. Recent floods, such as those associated with Tropical Storm Irene in August 2011, have added significantly to these numbers. Most recently, in October 2012, Superstorm Sandy led the President of the United States to issue a major disaster declaration for all of New Jersey. The most recent estimates for Superstorm Sandy indicate that as many as 38 New Jersey residents lost their lives and that the statewide economic impact of the storm exceeds 37 billion dollars.

Thousands of NJ homeowners live in flood hazard zones along NJ’s rivers and bays, but are not aware of that fact and do not have flood insurance.

As a result, they are at risk from having their homes and largest investments wiped out with no ability to receive insurance claims or federal reimbursements.

Residents and local governments are unaware of these risks and unable to protect themselves because DEP flood hazard maps are outdated and inaccurate, some 40 or more years old.

Those maps have not been updated. FEMA and DEP only updated coastal flood maps.

Senator Gordon (D-Bergen & Passaic) has sponsored legislation (see S2208) to require DEP to update those maps and accurately delineate flood hazard zones. That bill has not yet been heard by the Senate Environment Committee (what is Bob Smith waiting for?).

Gordon conducted aggressive oversight of DEP Commissioner Martin on the outdated flood map issues during a December hearing (see this for full exchange).

In opening remarks at the recent AshBritt hearing, Gordon further pledged to develop a comprehensive package of legislation to improve the State’s emergency preparedness and response capabilities, where there were multiple breakdowns.

The Assembly version of the bill (Wagner D-Bergen & Passaic – see A3262[1R]) has been heard by Committee and is pending full Assembly vote.

Democrats should push hard to move these bills – they are both good public policy and good politics.

Politically, they illustrate another serious flaw in Gov. Christie’s policy agenda and lax DEP oversight and enforcement of the State Flood Hazard Control Act.

Like shore risks, experts have warned about these risks for years, but DEP has failed to take action.

Now, the growing problems that have resulted from DEP’s historical lax approach are greatly magnified by Gov. Christie’s pro-development and anti-regulatory policy (See Executive Order #2) and his delegation of State responsibilities to the local level (see Executive Order #4).

On a public policy level, government has a legal and moral obligation to warn and protect people from known significant flood risks.

People need this information to take steps to protect and insure themselves financially – and prospective home buyers need this information so they are fully aware of the risks they are taking on in buying a home in a flood hazard zone.

Plus, Senator Buono – Christie’s challenger – was the prime sponsor of the Senate bill, which was drafted prior to Sandy so can not be attacked as a partisan political initiative.

Buono strength – Christie vulnerability. Good contrast issue.

Scores of Trees Tagged For Removal In Central Portion of Island

Tree assessments completed – But where is the DEP plan?

mature oak, ash and clump of sycamores tagged for removal (3/17/13) - DEP will make entire riverfront look like illegally cleared bank on the left.

[Update below]

Here we go again – it looks like DEP learned absolutely nothing from last year’s long battle over a DEP proposed plan to clearcut the northern portion of Bull’s Island State Park.

Recapping that debate: Ecologists severely criticized DEP flawed assessment methodology and lack of a restoration plan. Thousands of people opposed the plan. Several local governments adopted Resolutions opposing the plan. The US Army Corps of Engineers took enforcement action for illegal river fills and destruction of vegetation along the Delaware River, including a stop work order. Hunterdon County  took enforcement action for violations of erosion and sediment control laws. The National Parks Service expressed concerns and conducted oversight due to the Wild & Scenic River designation. USFWS and DRBC got involved. There was huge turmoil at the D&R Canal Commission, including current efforts to amend the Master Plan to block DEP’s plan. DEP got tons of bad press.

So, just what does it take to get DEP to change course?

I was out there on Sunday, and noted that over 70 trees in the central portion of the island had root collar excavations and were tagged for removal (assume orange is cut, yellow ribbon is keep).

mature sycamore, with root collar excavated and tagged for cutting (central portion of Island)

Late last sumer, DEP did distance themselves somewhat from the initially proposed clearcut plan, but never made any firm commitments on the northern portion or the central portion either.

I had planned to go to the D&R Canal Commission meeting tomorrow (March 20) to find out the current status and whether DEP ever submitted a plan, as promised last summer.

But I just got an email advising that the Commission meeting was cancelled due to a lack of a quorum and the next meeting is April 17.

DEP website has not been updated for months, and still says this:

The Department of Environmental Protection (DEP) is in the process of developing a comprehensive management plan for the Bull’s Island Recreation Area upper river camping section, which includes hazardous tree removal and reforestation.  The upper river campground/low lying area campsites are closed for public access until the area can be reopened for passive recreational use.  The down river campsites are closed for the 2012 camping season pending a second phase tree assessment which will be conducted over the summer.  Day use activities in the lower river section, including the boat ramp and picnic area remain open.

The DEP conducted a tree assessment of the entire upper river campground as a result of a large sycamore falling in 2011.  The assessment provided evidence of hazardous trees due to root decay from silt buildup related to repeated floods.  Most of the trees in the area were found to have compromised root systems.

As a result, the DEP closed all camping areas to protect the public.   For the upper river campground which consists of a 5 acre parcel with more than 200 large trees, a management plan is in development to mitigate the public safety hazards with the goal of eventually reopening the area to the public for passive recreation.  The management plan will include the removal of trees in the upper river camping area and replanting of the area with smaller growing trees, shrubs and other native vegetation.  To adequately refine this management plan and to ensure that impacts of the tree removal to the natural resources, including migratory and nesting birds and other wildlife, are minimized, a coordinated team representing the various technical programs within the DEP are providing input to ensure concerns are addressed and any necessary reviews are conducted and appropriate permits obtained.   Plant material that will thrive in this type of environment and not create hazards for public access will be the focus of the plan, with attention to monitoring for, and controlling invasive species.  The area will ultimately reopen for passive recreational use.  The DEP will make a decision on the lower river camping section once the tree assessment is completed.

The tree assessments have been completed for some time and trees tagged for removal.

But where is the DEP plan?

more riverfront tree clearing

[Update 3/20/13 – I’ve been advised that the tree ribbons may not be for removal but could be to identify trees that need additional assessment work and that DEP may have asked the consultants to do additional work and collar assessments to justify tree cuts.

I had the same thought, but that doesn’t really matter.

The critical point is, that DEP should not be digging in and having consultants spend more time and money better justifying tree cuts.

DEP’s sole justification for any tree cuts are to re-open the middle portion of the island for camping. There are alternative camping locations. Even if there weren’t, the camping use is far less value than the preservation of trees and habitat.

The best use of the park is for DEP to designate the entire island a Natural Area, for conservation and passive recreation (the southern half of the island is currently designated a Natural Area).

Any technical work right now should be in transitioning to a natural area, preparing an ecological restoration plan, and developing the technical basis for that.

Restore this!

scene of the crime - 450 feet of riverfront vegetation was bulldozed and dredge sediments illegally disposed of, leading to USACE enforcement action

View of the Delaware River from “Scenic Rest Stop” on I-295 – Hamilton, NJ

PSEG power plant in background

Don't Feed the Wild Life

Gov. Christie Sets The Tone – DEP Spokesperson Attacks His Own Agency

They say a fish rots from the head down –

That kernel of folk wisdom was affirmed by Gov. Christie’s Administration in a series of outrageous remarks this week.

The fish’s head disgorged rotting flesh earlier this week, when Gov. Christie – speaking in a black Baptist church in Paterson – managed to attack Assembly Speaker Oliver (a black woman); to praise white flight from Newark; to offend the Pastor and Congregation, and to call a black man a “boy”.

Extremely hard to top that.

But, DEP spokesman Larry Ragonese sure seemed to try –

Larry comes in at a distant second in smearing DEP as an institution and DEP professionals who have dedicated their careers to public service.

In a “fact check” story about DEP historic staffing levels, Larry Ragonese of the DEP press office called DEP a “horrible bureaucracy”.

Politifact reported:

Ragonese disagrees.

While DEP staffing at one point topped 4,000 (in the early 1990s), the state’s environmental concerns have changed, requiring less staffing. The agency also has worked to become more streamlined and efficient in accordance with goals set by Christie and DEP Commissioner Bob Martin.

“We’re taking care of the state’s air, water, land and natural resources but we have to run like a business, to make this place work better, to take steps away from being a horrible bureaucracy,” Ragonese said. He added that DEP has improved water quality and air quality levels while reducing emissions and contaminants.

Ragonese is following the lead of his boss, Commissioner Bob Martin.

Martin is notorious for attacking DEP as an institution and smearing DEP professionals.

Larry and Bob can have their own warped ideas and policies that seek to run DEP like a “customer friendly” “business” that “promotes economic growth”.

But they can’t misrepresent, smear, and lie about DEP’s history or DEP’s professionals.

Time for both to resign.

Closing  Note to Politifact: (from some smart dude named “tony bob”  :))

This is another lousy “fact check”.

First, you criticize Tittel for OVERESTIMATING current DEP staff – absurd. It only makes his point stronger.

Second, you take Larry Ragonese’s word as gospel – Larry is a known liar and spinmeister with little credibility among the media professionals that actually do real substantive work.

Third, you forget to consider the concept of authorized positions versus filled positions – along with the severe institutional loss of experienced DEP staffers to retirement.

Last, you forget the Gov. Whitman cut back DEP workweek from 40 hours to 35 hours, a 12% reduction (that’s another cut of about 340 more FTE’s).

All the numbers need to be adjusted downward for that!!