Bull’s Island Update

Stately Sycamores Still Standing

Dirty Dredge: DeJa Vu

Sycamore on Bulls Island (9/6/13)

[Important Update below]

I don’t get up there much since I moved to Bordentown, but I was in the area on Friday afternoon so stopped by Bull’s Island to see what was going on and provide readers an update.

First, the good news.

I’m pleased to report that the stately sycamores are all still standing – but no thanks to DEP, who still has not officially abandoned the insane clearcut plan (see DEP “park advisory”, which has not been updated for many months)

The bad news is that it looks like the NJ Water Supply Authority has resumed their canal dredging operation. The canal dredge is necessary to keep the canal flowing, but it must be done very carefully, given the environmenal sensitivity.

Unfortunately, they seem to have failed to learn lessons from the previous fiasco, which triggered a US ACE stop work order, and Hunterdon County and DEP land use enforcement response.

They are treating the northern tip of the Island – and extremely environmentally sensitive site prone to flooding – like a typical construction zone.

There was no silt fence in some places; in many places, the silt fence was down or buried by dredged material; dredge material and debris (tires) were stockpiled on the banks of the river and canal prone to erosion and washout; large gullies were eroding right into the Delaware River.

Below is my letter to DEP D&R Canal State Park Supervisor (with copies to D&R Canal Commission and DEP land use enforcement), asking some questions.

We’ll keep you posted on DEP replies – and in the meantime would appreciate any info folks have about what is going on there.

I stopped by Bulls Island Friday afternoon and saw NJWSA dredge operation underway. Per photos below (I have lots more), I have a few questions:

1) did USACE issue final permits for this work?

2) did Hunterdon County issue soil erosion/sediment control permits?

3) did DEP issue stream encroachment and wetlands permits?

4) Did D&R Canal Commission issue approvals?

5) I assume silt fence on upland side of canal is designed to prevent critters from entering the work zone. Is that right? If so, please be advised that several 30 foot or more sections of the fence were down.

6) Why is there no silt fence between the path and the canal? As you can see, there is direct sediment runoff into the canal already, and it looks like work just started.

7) The work at the tip was sloppy and I doubt in compliance with permits:

a) no silt fence to protect canal or river in some places;

b) silt fence buried by piles of soil and dredged material

c) dredge debris stockpiled about 30 feet from river where high water would wash it out;

d) dredged sediment stockpiled about 30 feet from river and canal – both a wash out and a runoff problem (due to buried silt fence)

e) large gullies provide direct path for runoff down into river.

Please advise – I am thinking about referring this to USACE enforcement again.

silt fence on upland side of D&R canal

gullies discharge runoff into Delaware River

piles of soil, dredge sediments, & dredge debris stored on banks of Delaware River and D&R Canal

[Update: 9/26/13 – here’s an update to the update.

On Monday (9/23) I stopped by the Island on my way to EPA meeting in Milford on Curtis Papers Superfund site.

I was pleased to note that most of the problems I observed had been fixed, so Tuesday morning, I sent a note of thanks to DEP officials, but complained that they still hadn’t responded to my original questions (DEP previously had sent this Q’s to the NJ Water Supply Authority for response.)

My followup note of thanks prompted a reply from NJ WSA yesterday that I thanked them for. Here it is:

The Authority did obtain the USACE permit for this work.

The Authority did obtain a permit from the Hnterdon (sic) County SCS for this work.

Stream encroachment is now Flood Hazard Area, and yes the Authority has a Flood Hazard Area permit for the work in the Delaware River (not the Canal).  The Canal is exempt from Flood Hazard regulations as a permit by rule.  For Freshwater Wetlands, the Authority did obtain a Freshwater Wetland Permit permit for this work.

The Authority entered into an agreement with the Canal Commission on June 17, 2986 that covers the work in progress.  No specific approval for this work is necessary,

The silt fence on the upland side is, in fact, there to prevent the wood turtles from entering the site.

 In accordance with the permit, no silt fence between the Canal and the work is required since it would have prohibited work with the long reach excavator.

As with all construction work in progress, there are temporary impacts.  These impacts are being minimized in accordance with the permits and the site will be restored when the activity is complete.